Item C02 C.2
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys � � � ������]�j Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
^_,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: C.2
Agenda Item Summary #6564
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292-4549
None
AGENDA ITEM WORDING: Approval to enter into a one (1) year renewal Residential Lease
with a County employee for Location E, commencing June 1, 2020, through May 31, 2021. The
monthly rental amount is $550.00.
ITEM BACKGROUND: This County employee has been leasing at this Location E since June 1,
2011. There is no automatic renewal of the Lease, thus a new lease must be approved by the BOCC
each year.
PREVIOUS RELEVANT BOCC ACTION:
On March 16, 2011, the BOCC approved a Policy for Use of Residential Housing on County-Owned
Property.
At subsequent BOCC meetings on May 18, 2011, May 16, 2012, May 15, 2013, May 21, 2014, May
20, 2015, May 18, 2016, April 12, 2017, May 16, 2018 and April 17, 2019 the BOCC approved a
one (1)year residential Lease Agreement with this same County Employee for Location E.
CONTRACT/AGREEMENT CHANGES:
Renewal of the County owned residential Lease Agreement(Employee-J.M.) for a one (1)year term.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
THIRD REVISED 05202020 Residential Lease - JM w A_B (5/12/20)
FINANCIAL IMPACT:
Effective Date: 6/01/2020
Expiration Date: 05/31/2021
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C.2
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Rents
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $550.00/month
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: This County employee (JM) has been leasing this Location E since June 1,
2011.
Revenue
REVIEWED BY:
Patricia Eables Completed 05/05/2020 3:23 PM
William DeSantis Completed 05/05/2020 8:01 PM
Budget and Finance Completed 05/05/2020 8:24 PM
Maria Slavik Completed 05/05/2020 8:42 PM
Kathy Peters Completed 05/05/2020 8:43 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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C.2.a
COUNTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 20th day of May, 2020 by the parties,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, ("County" or "Lessor"), and JULIO MOLLINEDA, a single person,
and Monroe County Employee, ("Lessee").
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WITNESSETH:
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WHEREAS, the County owns a residential duplex premises ("Premises") located at 382
Caribbean Drive, Key Largo, Monroe County, Florida 33037, and
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0.
WHEREAS, the County has decided that at the present time it is in the County's best interest to
enter into a lease with the Lessee upon the terms and conditions as contained herein; and
WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and 0
conditions as contained herein;
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NOW, THEREFORE,the parties agree as follows:
1. PROPERTY. County leases to the Lessee the Premises located at Unit A of the Duplex facility o
known as 382 Caribbean Drive, Key Largo, Florida (previously the Mar property) and more particularly a
described as Unit A, Lots 326 and 327, Port Largo 4t' Addition, Key Largo, Monroe County, Florida
33037 (RE 400453474-000326)
2. TERM. The term of this agreement is for one (1) year commencing on June 1, 2020, and
running through May 31, 2021. There is no automatic renewal of this Agreement. The Lessee shall
have the option to renew the Lease as long as the terms of the Lease are met. In the event that the
Lessee does not vacate the Premises and surrender it to the County upon termination of this Agreement
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Lessee will be liable for rent at a rate of Twenty and 00/100 Dollars ($20.00) per square foot per month
prorated for the time he continues to occupy the property, as well as County's expenses and reasonable
attorney fees in obtaining possession of the property.
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3. USE. The Premises shall be used solely for the purpose of residential premises. If the Premises
are used for any other purpose, the County shall have the option of immediately terminating this
Agreement. The Lessee shall not permit any use of the Premises in any manner that would obstruct or
interfere with any County function or duties.
The Lessee will further use and occupy said Premises in a careful and proper manner, and not LO
commit any waste thereon. The Lessee shall not cause, or allow to be caused, any nuisance or w
objectionable activity of any nature on the Premises. The Lessee will not use or occupy said Premises for v)
any unlawful purpose and will, at the Lessee's sole cost and expense, conform to and obey any present or w
future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or
agencies respecting the use and occupation of said Premises.
Lessee covenants and agrees that he will, during the term of the Lease, keep the Premises in a
good state of repair and in the current condition, and that upon the expiration of the Lease he will return
the Premises to the same good state of repair as when he moved into the Premises. E
...........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
County-Owned Property Residential Lease 1-
(Employee)
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C.2.a
The Lessee agrees that only his immediate family or an approved roommate shall occupy the
Premises.
The Lessee agrees to clean the Premises at the end of the Lease term and to return it to the same a
condition that it was in when the Lessee accepted the Premises. The Lessee agrees to pay any fees that
the County incurs to clean the Premises, if necessary, after the Lessee vacates the Premises.
4. RENT AND SECURITY RE POSIT. For the use of the premises, the Lessee shall pay the
County the current rent of FIVE HUNDREDIF AND 00/100 Dollars ( 55 ® 0) per month, said
payment due on the first day of the month. The Lessee shall pay a security deposit in the amount equal to
one (1) month's rent to the County prior to occupancy. The monthly payment shall be remitted to the 0.
Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street,Key Nest, Florida 33040.
5. UTILITIES. The Lessee shall pay for the utilities including water, sewer/septic,electricity, and
solid waste collection. The cost of connections for the above described utilities shall be at the expense of
the County. The Lessee shall arrange for and provide residential electric service, telephone service, and
cable television service, at his own expense. The cost of connections for residential telephone service
and cable television service shall be paid for by the Lessee. .2
6. QUIEL ENJOYMENT. Upon the payment by Lessee of the rents provided, and upon the �
observation and performance of all the covenants, terms, and conditions on Lessee's part to be observed
and performed, Lessee shall peacefully and quietly hold and enjoy the subject premises for the to
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hereby demised without hindrance or interruption by Lessor or any other person or persons lawfully or W
equitably claiming by, through,or under Lessor, subject, nevertheless,to the terms of the Lease. ca
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7. ASSIGNMENT AND SUBLETTING. This Lease may not be sold, transferred, or assigned in
full or part without the written permission of Lessor. Any purported assignment without such prior
written consent shall be null and void. Lessee shall not have the right to sublet this Lease or any portion
of this Lease or property. y
8. DEFAULTS, In the event that Lessee fails, within thirty (30) days after notice, to cure
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default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event,
Lessor shall have the right to terminate this Lease Agreement and to enter upon the leased Premises and
again have, repossess,and enjoy the same as if this Lease Agreement had not been made.
9. TERMINATIRN BY COUNTY. This Agreement may be terminated before the expiration of
a one(1) year term,with or without cause and in the sole discretion of the County, upon
a) Sixty( 0)days' written notice by the County to the Lessee, LO
b) Thirty(30)days' written notice by the County to the Lessee when;
i) The Lessee fails to timely pay the County the amount described in this Agreement
or fails to obtain or to keep telephone service as required under this Agreement;
ii) The Lessee leases the Premises or assigns any interest without the required
consent under this agreement;
e Fifteen (15)days' notice by the County to the Lessee in an emergency situation.
10. TE 41NATIONRYLESSF-E. The Lessee may terminate this Agreement upon fifteen (15)
days' notice by the Lessee to the County in an emergency situation.
County-owned Property Residential Lease
(Employee)
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C.2.a
11. INSURANCE AND,,HOL2HARMLESS. 'The Lessee agrees to carry Ten Thousand and
00/100 Dollars ($10,000.00) in personal liability coverage on the premises and shall provide evidence
thereof by Certificate of Liability Insurance upon execution of this Lease. Lessee will notify County
upon receipt of any notice of reduction or termination of such insurance, and shall immediately obtain
replacement insurance.
The Lessee covenants and agrees to defend, indemnify, and hold harmless Monroe County
Board of County Commissioners, and its elected and appointed officers, officials, agents, servants, and
employees from any and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, costs,, penalties, and expenses (including atto ey's fees) which arise out of, in
connection with, or by reason of the Lessee utilizing a property governed by this lease/rental .
agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of
this lease, this section will survive the expiration of the term of this Lease or any earlier termination of
this Lease.
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12. DAMAGEPROPERTY BY PETS OR
ANIMALS. The Lessee shall have sole
responsibility for any damage, harm, nuisance, claim, or other liability which arises as result of the >
Lessee(s) keeping pets or other animals on the Premises,including the parking area upon which the rental °'
Premises is situated. Any repairs of the premises caused by animals or pets of the Lessee shall be paid
for by the Lessee within thirty (30)days of being given notice by the County of the cost of the damages.
13. ALTERATIONS AND/OR ICA TIONS. If the Lessee wishes to make any
modifications or alterations to the Premises, he must first make the request in writing to the County, and i
receive written permission from the Assistant County Administrator prior to making any alterations
and/or modifications. i
14. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by United States
Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place
of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided
in this paragraph. Notices shall be sent to the following:
F'or the 92yjgy: Fort a Lessee:
Kevin Wilson,
Assistant County Administrator Julio MollinedaCD
1100 Simonton Street, #2-216 382 Caribbean Drive, Unit ALO
Key Vest, FL 33040 Key Largo, FL 337
Telephone: (305)453-8797 Telephone: (305)587-411 g
15.. AATTACHMENTS. The following documents are required to be attached to this Agreement: �
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
by Assistant County Administrator permitting Lessee to execute Agreement,
b) EXHIBIT E: Certificate of Liability insurance.
aunty-Owned Property Residential Lease
(Employee)
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C.2.a
This Agreement shall not be effective until signed by all parties and by attaching all fully
completed Exhibits tot the Agreement.
16. WHOLE CONTRACT AND VAIVER. This Residential Lease is the whole Agreement
between the parties, and no prior or contemporaneous oral or written communications are part of the
Agreement. If the County waives any breach of the Agreement, that waiver shall not waive the covenant
or conditions breached nor any later breach of any part of the Agreement.
17. GOVERNING LAWSNENUE. This Agreement shall be governed by the laces of the State of
Florida and the United States. Venue for any dispute arising under this agreement trust be in Monroe
County, Florida. The County and Lessee specifically agree that neither the provisions of Florida Statutes,
Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and 0.
Recreational Vehicle Parks) are to be applied as governing this Agreement or used as constructing
provisions of this Agreement.
18. A`I'T 'S FEES. Should any cause of action or administrative proceeding arise out of
this Lease in connection with the enforcement or interpretation of this Lease between Lessor and Lessee,
the prevailing party shall be entitled to reasonable attorney's fees, court costs, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Mules of Civil Procedure and usual
and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida.
19. MEDIATION. The parties agree to mediate any disputes under this Agreement, and further
agree that they will not arbitrate any disputes.
20. S V L.IT°Y. If any to or provision of this Agreement shall to y extent be held ca
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invalid or unenforceable, the remainder of this Agreement shall not be affected thereby,
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remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent i
permitted by law.
21. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the
Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the
manner provided by law, without becoming liable to Lessee for damages or for any payment of any kind
whatever. County may, at County's discretion, as agent for Lessee, relet the Premises, or any p
art
thereof, for the whole or any part thereof, for the whole or any part of the then unexpired terra, and may
receive and collect all rent payable by virtue of such reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable under this Agreement during the
balance of the unexpired term, if this Agreement had continued in force, and the net rent for such period `V
realized by County by means of such reletting. If County's right of reentry is exercised followingCD
abandonment of the Premises by Lessee, then County shall consider any personal property belonging to '
Lessee and left on the Premises to also have been abandoned, in which case County may dispose of all
such personal property in any manner County shall deem proper and County is hereby relieved of all
liability for doing so. 5;
22. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous,
flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the
Premises or that might be considered hazardous or extra hazardous by any responsible insurance
company.
23. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable tithes during the term of this Agreement and any renewal thereof to enter the Premises for the
County-owned Property Residential Lease .4
(Employee)
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C.2.a
purpose of inspecting the Premises and all buildings and improvements thereon, and for the purposes of
making any repairs, additions, or alterations as may be deemed appropriate by County for the
preservation of the Premises or the building. County and its agents shall further have the right to exhibit _
the Premises and to display the usual "for sale", "for rent",or"vacancy" signs on the Premises at any time
within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for y
the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this
Agreement or to any restrictions,rules,or regulations affecting the Premises.
24. �RADON GAS. Notice to prospective Lessee: Radon is a naturally occurring radioactive g
as
that, when it has accumulated in a building in sufficient quantities, may present health risks to persons
who are exposed to it over time Levels of radon that exceed federal and state guidelines have been found
in buildings in this state. Additional information regarding radon and radon testing may be obtained from 0.
a County public health department,
25. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of
convenience of reference only,and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
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26. MUTUAL REVIEW. This Agreement has been carefully reviewed by Lessee and Lessor,
therefore this agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written above.
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BOARD OF COUNTY COMMISSIONERS W
Attest: KEVIN MAD®IC, CLERK OF MONROE COUNTY, FLORIDA, cai
LESSOR
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Deputy/Clerk Mayor
I ES for LESSEE: JLI
nai M® , A, LESSEE
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S`gure Signature
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P t Name l�at lCD
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Print Name ate
MONROE COUNTY ATTORNEY'S OFFICE
P RYA®� F R � F®
PATRICIA LES
ASSISTA CO ATTO EY E
DATE .�
County-owned Property Residential Lease
(Employee)
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C.2.a
EXHIBIT "A"
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RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY
EMPLOYEE (J.M.) TO RESIDE IN UNIT A AT LOCATION E
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DATE: February 03,2020
TO: Kevin Wilson,Assistant County Administrator
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Robert lass er, Plantation Key,PublicWorks/Facilities
by Alice Steryoua Contract Monitor Public Works/Facilities
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Agenda Item—March 18,2020 BOCC Meeting
County Employee Julio Mollineda ResidentialLease Unit
Location
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Pursuant to the Policy for use of residential housingon County-owned property approved
y the BOCC at the March 1 , 2011 meeting, this location was advertised to County
employees on March 2 , 2011 and an Upper Keys Public Works employee had applied for
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d was approved.
I hereby request approval to enter into a one-year residential lease agreement 'th a y
Monroe County employee to reside in it A at Location E. This employee has been
leasing this Unit A,Location E since June 01,2011.
Enclosures N
" p d20
Robert G
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C.2.a
EXHIBIT "B"
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RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE (J.M.)
TO RESIDE IN UNIT A AT LOCATION E
CERTIFICATE OF INSURANCE
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C.2.a
Universal Property&Casualty Insurance Company,A Stock Tenant
Company AMilk J UNIVERSAL
Declaration Effective
c/o Evolution Risk Advisors, Inc.
1110 W.Commercial Blvd
06/20/2019
Fort Lauderdale,FL 33309 Renewal Policy
THIS IS NOT A BILL
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For Policy or Claims Questions Contact Your Agent Listed Below
Policy Number FROM Policy Period TO INSURED BILLED Agent Code
1502-1200-8858 06/20/2019 06/20/2020 12:01 AM Standard Time 9S30 W
Named Insureoand A,.ddress ISM' T nt Nilme and Address
JULIO MOLLINEDA ° The Insurance Connection of South
P.O.BOX 371807 Florida, Inc 2
Key Largo, FL 33037 DA 5 52 Q•2 ®,, 99353 Overseas Hwy.#1 0.
(305)896-0039 Key Largo, FL 33037
Pt4._. -="_ (305)451-1467
Insured Location
382 CARIBBEAN DR#1 KEY LARGO, FL 33037 MONROE COUNTY
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Premium Summary '✓
Basic Coverages Attached Endorsements tV
9 Total Policy Premium
Premium Premium Assessments/Surcharges MGA Fees/Policy Fees (Including Assessments 8 Surcharges) O
$100.00 $0.00 $0.00 $27,00 $127.00
Rating Information
Townhouse/ Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG tV
H04 Masonry 1982 N 1 Y 5 5 99 tV
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Dwelling Personal Property
Protective Device Credits: W
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Monroe N/A N N N N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions I
of this policy. For renewals: If we elect to continue this insurance,we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums, rules and forms then in effect.You must pay us prior to
the end of the current policy period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified, subject to all the
conditions of this policy.
COVERAGES-SECTION I LIMITS PREMIUMS COVERAGES-SECTION II LIMITS PREMIUMS
Coverage A-Dwelling $0 Coverage E-Personal Liability $100,000 $0.00 m
Coverage B-Other Structure $0 Coverage F-Medical Payments $1,000 $0.00 (n
Coverage C-Personal Property $20,000 $100.00
Coverage D-Loss of Use $4,000
CD
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NOTE: CD
The portion of your premium for hurricane coverage is: $0.00
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The portion of your premium for all other coverages is: $127.00 CD
THIS POLICY DOES NOT INCLUDE COVERAGE FOR WINDSTORM OR HAIL LLJ
Section I Coverages Subject to$1,000 All Other Perils (Non-Hurricane)Deductible Per Loss.
Flood coverage is not provided by Universal Property&Casualty Insurance Company and is not part of this policy.
George M.Sanabria ----
Countersignature Date Chief Executive Officer
UPCIC HO DEC 15 11 18 Printed Date: 6/20/2019 3:03:53 PM 1 o packet,Pg. 76
C.2.a
Universal Property&Casualty Insurance Company,A Stock
Company UNIVERSAL
c/o Evolution Risk Advisors, Inc.
Declaration Effective PROPERTY
1110 W.Commercial Blvd 06/20/2019
Fort Lauderdale, FL 33309 Renewal Policy
THIS IS NOT A BILL y
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Policy Number FROM Policy Period TO INSURED BILLED Agent Code O
1502-1200-8858 06/20/2019 06/20/2020 12:01 AM Standard Time 9S30
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Additional Interest -
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional Interest 03 O
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Policy Forms&Endorsements Applicable to This Policy
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NUMBER EDITION DESCRIPTION LIMITS PREMIUMS
UPCIC H04 15 05 18 Homeowners 4 Contents Broad Form $100.00 cV
UPCIC 905 15 03 18 Outline of Your Homeowner Policy
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UPCIC 503 15 12 17 Windstorm or Hail Exclusion
UPCIC 601 15 12 17 No Coverage for Home Day Care Business
MGA Fee $25.00
Emergency Management Preparedness Assistance Trust Fund $2.00
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W AND ORDINANCE: LAW AND ORDINANCE COVERAGE i
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IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO ca
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PURCHASE. PLEASE DISCUSS WITH YOUR INSU rl A NCE
AGENT.
FLOOD INSURANCE: YOU MAY ALSO NEED TO CONSIDER
THE PURCHASE OF FLOOD INSURANCE. YOUR
HOMEOWNER'S INSURANCE POLICY DOES NOT INCLUDE
COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVE N
IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO N
OCCUR. WITHOUT SEPARATE FLOOD INSURANCE
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COVERAGE, YOU MAY HAVE UNCOVERED LOSSES
CAUSED BY FLOOD. PLEASE DISCUSS THE NEED TO
PURCHASE SEPARATE FLOOD INSURANCE COVERAGE
WITH YOUR INSURANCE AGENT.
IMPORTANT:This replaces all previously issued policy declarations,if any and is subject to all forms and endorsements attached to this policy.
UPCIC HO DEC 15 11 18 Printed Date: 6/20/2019 3:03:53 PM 2° Packet,Pg. 77