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Item D14 D.14' J �� BOARD OF COUNTY COMMISSIONERS County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District I David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting May 20, 2020 Agenda Item Number: D.14 Agenda Item Summary #6864 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Juanita Jones (305) 289-2560 NA AGENDA ITEM WORDING: Approval of a Resolution Pursuant to F.S. 125.38 Approving an Amendment to an Existing Land Lease Agreement at a Rate of $10.00 Per Term with the Florida Keys Hurricane Recovery Foundation, ("FKHRF"), Previously Leased to the Monroe County Long Term Recovery Group ("LTRG"), To Allow Use of the County-owned Vacant Parcel at 30320 Overseas Highway, Big Pine Key, FL, Parcel Identification No. 00111410-000100 (also known as the Volunteer Village), To Provide Temporary Housing for Disaster Relief Workers Coordinated by FKHRF, through February 2023. ITEM BACKGROUND: The Monroe County Long Term Recovery Group ("LTRG") formed in 2018 to effectively communicate unmet needs, maximize the coordination of non-profit and philanthropic resources, and to avoid a duplication of efforts among all member organizations. Due to the severe shortage of workforce housing in Monroe County, non-profit and faith-based organizations are unable to house relief workers. The LTRG, in collaboration with the County, created and operates a Volunteer Village on County-owned property through a ground lease agreement that is currently due to expire in August 2020. The LTRG has since begun a new business model whereby it serves as a blue-skies organization with part-time staff to service its operations. The Florida Keys Hurricane Recovery Foundation, a local non-profit group, has offered to assume LTRG's role as lessee under the Lease and to take over management and operations of the Volunteer Village as temporary housing for relief workers coordinated by their organization. The current Lease with the LTRG is for a term of approximately two years from August 2018 to August 2020, at a rate of $10.00 per term, and this amendment proposes to extend that period to February 2023, and to have Florida Keys Hurricane Recovery Foundation assume LTRG's role as lessee under the Lease. F.S. 125.38 provides that non-profits, such as FKHRF, can apply to use County property that is not needed for other County purposes. The County may then authorize a lease of such property at a fixed price by adopting a resolution approving such a lease. PREVIOUS RELEVANT BOCC ACTION: August 15, 2018 - Board of County Commissioners ("BOCC") approval of a resolution authorizing a land lease agreement with the LTRG to house relief workers at the subject property Packet Pg. 1746 D.14 CONTRACT/AGREEMENT CHANGES: Amendment to Existing Land Lease Authorizing New Lessee and Extending Term of Lease STAFF RECOMMENDATION: Approval DOCUMENTATION: F.S. 125.38 Graphic 30320 BPK property on US-1 (002) Graphic Property Layout 30320 BPK property on US-1 (002) easement document 08/15/2018 Lease Special Warranty Deed MC-LTRG Lease Amendment Request 5012020 Resolution FINANCIAL IMPACT: Effective Date: Upon execution by the Mayor following BOCC approval Expiration Date: February 20, 2023 Total Dollar Value of Contract: $10.00 Total Cost to County: 0 Current Year Portion: 0 Budgeted: NA Source of Funds: NA CPI: NA Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: Yes If yes, amount: $10.00 Grant: NA County Match: NA Insurance Required: Yes Additional Details: NA NA REVIEWED BY: Helene Wetherington Completed 04/27/2020 2:10 PM Planning/Environmental Resources Completed 04/30/2020 2:32 PM Juanita Jones Completed 05/04/2020 2:25 PM Assistant County Administrator Christine Hurley Completed 05/04/2020 3:08 PM Packet Pg. 1747 D.14 Peter Morris Completed 05/04/2020 6:40 PM Kevin Wilson Completed 05/05/2020 11:01 AM Purchasing Completed 05/05/2020 11:10 AM Budget and Finance Completed 05/05/2020 12:11 PM Maria Slavik Completed 05/05/2020 1:36 PM Kathy Peters Completed 05/05/2020 7:23 PM Board of County Commissioners Pending 05/20/2020 9:00 AM Packet Pg. 1748 8/10/2018 Statutes&Constitution:View Statutes:Online Sunshine D.14.a Select Year: ;2018 V Go The y �e 1FloridaS 0 Title XI Chapter 125 View Entire COUNTY ORGANIZATION INTERGOVERNMENTAL COUNTY C ter RELATIONS GOVERNMENT 125.38 Sale of county property to United States, or state.—If the United States, or any department or agency thereof, the state or any political subdivision or agency thereof, or any municipality of this state, or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or y its board of county commissioners, for public or community interest and welfare, then the United States, or any department or agency thereof, state or such political subdivision, agency, municipality, corporation or organization 0 may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon convey or lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which such property is to be used, and the price or rent therefor shall be set out in a resolution duly adopted by such —� board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shall be 0. required. 0 History.—s.4,ch.2329, 1947. m Copyright 0 1995- 1 The Florida Legislature • Privacy Statement • Contact Us 0 Co m 0 0 r9 u3 cv Ui m 0 http://www.leg.state.fl.us/statutes/index.cf n?App_mode=Display_Statute&Search_String=&URL=0100-0199101251Sectionst0125.38.htm Packet Pg. 1749 652789 2 550 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made this 27_TjL day of August, 1990 by and between CARNIVAL FRUIT COMPANY, a Florida corporation ("Grantor") and BRUCE H. SEIGAL and LEDA GRODSKY SEIGAL, his wife (collectively, "Grantees") . W I T N E S S E T H `' s C08 That for and in consideration of the sum of Ten Dollars II ($10.00) paid by Grantees to Grantor, and other good and valuable considerations, the receipt and sufficiency of which r are hereby acknowledged, Grantor hereby grants unto Grantees a non-exclusive perpetual easement over, upon and across the lands ' described in Exhibit "A" attached hereto and by this reference made a part hereof the "Easement Area" • This easement shall +'i� be for the benefit of Grantees and shall be for the purpose of (j 0 providing Grantees, their successors and assigns, a turnaround area for vehicular traffic using Grantees' real property described in Exhibit "B" attached hereto and made a part hereof. t ;. uy 0 Grantor reserves the right to use the Easement Area, including the right to construct and maintain improvements J within the Easement Area and to upgrade existing improvements a ^ ' �� } cu within the Easement Area; provided, however, that the exercise ;` «'� ' ; ` 0 -:, of the foregoing rights by Grantor shall not interfere with or � at+ ` fit'., 0. obstruct Grantees' use of the Easement Area, or downgrade or diminish in an way the exercise b Grantees of their rights Y Y Y hereunder. �� W IN WITNESS WHEREOF, Grantor and Grantees have executed " this Agreement the day and year first above written. Si sealed an livered CARN AL FRUIT C PANJ, � =� , i the resence a F1 ida carp ra iorv. a r By .-ti c j qua �f t8 Title: cl z a: (SEA ) d v 't k 1 yy O0. BRUCE H. SEIG rt G LEDAARODSKY SEX f Syr} STATE OF FLORIDA } ss. COUNTY OF MONROE ) <u THE FOREGOING INSTRUMENT was acknowledged before me tz�tr� this 2_Z:6t day of August, 1990 by MARIO JACOBS as Secretary of "'ly l"""' t r CARNIVAL FRUIT COMPANY I p I a Florida cor oration on behalf Q£, t"e "t.^; ;r� y E r r .Y•} , h,*R corporation. a j ny� Sty j 411 ,$y Notary Public �a,. State of Flor �� ida £ +s r t} � Slbi+ r 4a F. ,"'h h,nlNN+' • { �r, s i4t My commission expires: §'. Packet Pg. 1750 c. D.14.d .652789 FL�I 1 �E2 ��,GEI 55 I R STATE OF FLORIDA ) ss: COUNTY OF MONROE ) THE FOREGOING INSTRUMENT was acknowledged before me jtv+ry this- day of August, 1990 by SRUCE H. SEIGAL and LEDA GRODSKY SEIGAL, his wife. t°' tit > z � �.��i1� ✓y,•, � k�vlz�gi�. + O 1 L) 'lo' Xf2 trfiy5�{svd ,. G�7 , 'N vet N r s � Notary Public: =� W ✓� s` t Florida State of f s s � Q� t11 T t ;'• �' 'r.'�j•� � '$ivy' �° f!9 v�� tl i ''. h��'••.,., .,•'�J r{A- my commission expires: t, kr,e' > yt r O tin d4 i PH1j673 I Ikk i 1 ,Al'r; �i i i U O 'v�v�"jVk L'�,r a As } 4{ } k, v t 1A n }� —Z— jY= v �t 1d. `�i.W.�Kvr`t�`i®"U1'4fh441 kfk5p.rrv46rtlYblfn•^Wyg4AnY f ki'�A 2 ' , fifi � Packet 9. 1751 • ;D.14.d 652789 °«I I 42 il.�;[I 552 EXHIBIT nAn TO � EASEMENT AGREEMENT r A portion of Section 26, Township 66 South, Range 29 East, on Big *m > Pine, Monroe County, Florida, and being more particularly e i i3 �{t described as follows: A BEGIN at the center of Section 26, Township 66 South, Range 29 East; thence run due Westerly 746.0 feet to the Point of ` Beginning; thence continue due Westerly 102.13 feet; thence run due Southerly 25.0 feet; thence run due Easterly 102.13 feet) ,f thence run due Northerly 25.0 feet back to the Point of Beginning. ;r, 0 Im r fyFl"Ilkt ' „ Y4-�111�'J;rS�j`r a 0 Ya 4 A c0 C 47. t Stgrt4 r I�'t . f�r�{vv �I it�4t l4� I k.�1) •.7 P'�}YA3.1 f li�� sCf fit rrY Y k � } �"idlt d uu33�`r s r Yil}r Iet'°!rkS 0 ' r�• `�+ , t"kv"' r O r`ll Eray q 'Nb 5e1 h,dY Y YY'• 1 'IfrC��". b. { $��N E *33 r 0 z,x G7 4}�101 � E '�kyr4i r rat N 7 t+ k�{z 3t'kh t•,},- ! .. l c '4 C I 1 -3- Packet Pg. 1752 D.14.d 652789 i{€lu1142 1553 i EXHIBIT "BOO TO EASEMENT AGREEMENT 1 > A tract of land in a part of the Southeast Quarter of the "! Northwest Quarter of Section 26, Township 66 South, Range 29 0 East, on Big Pine Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of the Southeast Quarter of a t � the Northwest Quarter of Section 26, bearing West, along the (f4 South line of the Southeast Quarter of the Northwest Quarter of hi, Section 26 a distance of 746 feet to the point of Beginning of i -0 the tract of land hereinafter described; thence bear North, nz >m 165.18 feet to the Southerly right of way line of U.S. Highway No. 1; thence bear North 89, 510 West, along said Southerly rightCD of way line, 100 feet; thence bear South, 165.44 feet to the South line of the Southeast Quarter of the Northwest Quarter of Section 26; thence bear East, along the South line of the yg�=r g o Southeast Quarter of the Northwest Quarter of Section 26, akx#+xtr distance of 100 feet, back to the Point of Beginning. ys, ' - ' i Y�i1lYk � k+ � xr 8 ry "7 J 1i1 N,�A i ; fir `Fr ,x rp s E '��'z, a 9�r " (�6i1�MKoilia �� P^a Roes rnmn, �Pa kt i; it •to lekawt�`�' '�'st'r"fit' ✓ �;nroirc�VKI�19bd ,li.�je .�►��. Ec C Cast eC a' i��f rviytq 1�tl 9t a ,. c F ff ry P V E t 'E N; i -4- ,_ , Packet Pg. 1753 cauare D.14.e Kevin Madok, cPA t .o � Clerk of the Circuit Court& Comptroller—Monroe County, Florida ;o�.... R�cam `' c� 0 DATE: September 21, 2018 0 TO: Helene Wetherington, Director Local Disaster Recovery Department FROM: Pamela Hanco j .C. 0 SUBJECT: August 15n'BOCC Meeting Attached is an electronic copy of Item D6, Resolution No. 218-2018 pursuant to F.S. o 125.38 approving a two Year Lease Agreement at a rate of$10.00 per term witli die Monroe County Long Term Recovery Group (LTRG) to allow use of die County owned vacant lot at 30320 Overseas Higliway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary 0. housing for disaster relief workers coordinated by LTRG, for your handling. A certified copy has been mailed to Stephanie Kaple as directed in Section 3 of the subject Resolution. 0. 0 Please note that the required insurance must be provided prior to commencement of work governed by die contract(Page 2 of die Contract#6). Should you have any questions, please feel = free to contact me at extension 3130. 0 0 cc: S.Kaple MCLTRG County Attorney Finance File co CD T- co CD KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-85 Packet Pg. 1754 D.14.e RESOLUTION NO. 218- 2018 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A TWO (2) YEAR LAND LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE MONROE COUNTY LONG TERM RECOVERY GROUP, INC. ("LTRG"), A NOT FOR PROFIT ORGANIZATION, TO LEASE VACANT COUNTY- OWNED LAND, LOCATED AT 30320 OVERSEAS HIGHWAY, 0 BIG PINE KEY, FLORIDA TO PROVIDE TEMPORARY HOUSING FOR DISASTER RELIEF WORKERS ASSIGNED TO ASSIST WITH RECOVERING FROM HURRICANE IRMA; AND PROVIDING AN EFFECTIVE DATE. 0 WHEREAS, Section 125.38,Florida Statutes, authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by the County or its board of county commissioners that is not needed for other County purposes, to apply to the board of county commissioners to lease such property; and LN WHEREAS, if the Board is satisfied the desired property is required for such use and is not c needed for other purposes, the County may, by duly adopted resolution of the Board, lease the property to 0. the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the value of the property, with no advertisement required; and WHEREAS, pursuant to the F.S. 125.38, the adopted resolution must recite the fact that an 0. application has been made, the purpose for which the leased property is to be used, the rent and terms of the lease; and 0) WHEREAS, in February 2018, the Monroe County Long Term Recovery Group, Inc. ("LTRG") was formed to provide coordinated long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma which made landfall in the Florida Keys on September 10, 2017; and c WHEREAS, the LTRG is made up of non-profit organizations who have access and are able to receive grants from available Federal and State programs to assist the citizens of Monroe W County, Florida, in their long term disaster recovery and rebuilding efforts in a coordinated manner; and WHEREAS, due to the severe shortage of workforce housing throughout Monroe County, y and without a centralized location, the LTRG have been limited in their efforts because they have been unable to provide the temporary housing needed for disaster relief workers that otherwise W may be available from many not for profit and faith-based organizations across the country; and y WHEREAS, the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, co is owned by the County and is not needed for other County purposes at this time; and LO WHEREAS, on July 18, 2018, the LTRG delivered a detailed presentation to the Board co outlining their current efforts and desired goals to more effectively deliver critically needed long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma and requested the County lease the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, to LTRG to provide the temporary housing needed for long term disaster relief workers and provide a centralized location; and Page 1 of 2 Packet Pg. 1755 WHEREAS, it is the desire of the Board to lease the County-owned property located at 30320 Overseas Highway, Big Pine Key, Florida, which is not currently needed for other County purposes, to LTRG to provide the temporary housing for disaster relief workers to deliver long term disaster recovery services to citizens of Monroe County, Florida, who are still recovering from the devastating impacts of Hurricane Irma; and 0 WHEREAS, the Land Lease Agreement, attached hereto and made a part of this Resolution as "Exhibit A", leases the property located at 30320 Overseas Highway, Big Pine Key, Florida, to LTRG for a period of two (2) years at the rate of ten dollars ($10) per term, plus applicable sales tax, commencing August 15, 2018, and terminating on August 14, 2020, with an option to renew for two (2) additional one-year terms; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board hereby adopts the foregoing as findings of fact. 0 Section 2. The Board approves the Laird Lease Agreement between the Board of County Commissioners of Monroe County, Florida, and the Monroe County Long Term Recovery Group, Inc., attached hereto and made a part of this Resolution as "Exhibit 0. A", to provide temporary housing for long term disaster recovery services to citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma. Section 3. The Board hereby directs the Clerk to transmit a certified copy of this resolution to Stephanie Kaple, Chair, Monroe County Long Term Recovery Group, Inc., P. O. °' Box 4767, Key West, Florida 33041. Section 4. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Mo"oe County, Florida at a regular meeting held on the 15th day of August, 2018. C) -1 3 Mayor David Rice Yes - ^° Mayor Pro Tem Sylvia Murphy Yes �.,; �-. Ef9 Commissioner Danny Kolhage Yes rN Commissioner George Neugent Yes w ?M�� Commissioner Heather Carruthers Yes YAW H) BOARD OF COUNTY COMMISSIONERS W _ VIN MADOK, CLERK OF MONROE OUN X, FLORIDA n B V: By: co Deputy Clerk Mayor David RiceCD LO co MONROE COUNTY ATTORNEY'S OFFICE P APpROV� E�D.AS T �0 PATRICIA EABLES ASSISTANT COU TY_ATT RNEY DATE: Page 2 of 2 Packet Pg. 1756 LAND LEASE AGREEMENT MONROE COUNTY LONG TERM RECOVERY GROUP,INC. THIS LEASE AGREEMENT is made and entered into this August 15, 2018, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("Lessor"), and MONROE COUNTY LONG TERM RECOVERY GROUP, INC., a non-profit corporation of the State of Florida, whose y principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" / "Long Term 0 Recovery Group"). 0 WHEREAS, Monroe County in 2004 purchased and now owns the property located at LN 30320 Overseas Highway, Big Pine Key, Florida("Premises"); and c 0. WHEREAS, the Lessee desires to use the Premises for its primary purpose of providing recovery services to individuals and families affected by disasters in the Florida Keys Community; and 2 0. WHEREAS, the Lessor has determined that the availability of affordable housing for c persons in the work force is critically low in Monroe County; and WHEREAS, Lessee's mission includes providing temporary housing facilities for relief workers coordinated by the Long Term Recovery Group providing services to the Florida Keys community after a disaster; and 0 WHEREAS, the parties recognize that a primary purpose of the County acquiring the Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster operations; and WHEREAS, the County finds that the best interests of the citizens of the Florida Keys are served by the placement of temporary housing facilities, including but not limited to, recreational vehicles,modular units, trailers, fold out shelters, and site built structures, to be used as sheltering units for the relief workers at the Premises; and WHEREAS, the parties desire to enter into this Land Lease Agreement("Lease") for the Premises for the purposes as set forth herein; and CD co NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: co CD 1. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the Lessor, the undeveloped land only at 30320 Overseas Highway, Big Pine Key, Florida, 33043 ("Exhibit A"), a copy of which is attached hereto and made a part hereof. This Lease is subject to that certain Easement as set forth in a Special 1 Packet Pg. 1757 = Warranty Deed dated August 27, 1990, and recorded in Official Records Book 1142, at Page 1544 of the Public Records of Monroe County, Florida, as indicated on Exhibit"A"to this Lease. 2. Term and Effective Date. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in full force and effect for a term of two (2) years commencing as of August 15, 2018, and terminating on August 14, 2020. Lessee shall have an option, at Lessor's discretion, to renew for two additional one- > year terms as set forth in paragraph 3 herein. > 0 3. Extension Period. Lessee may be granted two (2) additional one (1) year renewal terms, conditioned upon satisfactory compliance with the terms of this Lease as a prerequisite to exercising any option to renew. Lessee may, at least sixty (60) days prior to the expiration of this Lease, request in writing, that Lessor renew the Lease, under the same terms and conditions, for an additional Term of not more than one(1)year for each renewal("Extension Period"). 4. Rent. Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per Term, plus applicable sales tax, due on the first day of each Term, including any extension LN periods, payable in advance and remitted to Monroe County Clerk's Office, 500 Whitehead Street,Key West,Florida 33040. 0. 5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any a, sales or use tax, levied by any governmental agency with respect to the Lessee's operations on the Premises. 0 6. Insurance. Prior to commencement of work governed by this contract(including the pre-staging of any personnel and temporary housing facilities), Lessee shall obtain, at _ Lessee's own expense, insurance as specified in Exhibit "B" attached hereto and made a part hereof. Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance, either (1) a Certificate of Insurance or, (2) a Certified copy of the actual insurance policy. The Lessor, at its sole option, has the right to re request a certified co of an P Y• � p • � q copy Y or all insurance policies required by this Lease. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Lessor by the insurer. y The acceptance and/or approval of Lessee's insurance shall not be construed as W relieving Lessee from any liability or obligation assumed under this contract or y imposed by law. co The Monroe County Board of County Commissioners, its employees and officials shall be included as "Additional Insured" on all policies, except for Worker's Compensation. co CD The All Risk Property Insurance, as shown in Exhibit`B" attached hereto,will not be required until some type of temporary housing facilities or structures are actually placed on the Premises, if a Waiver of Insurance form is properly submitted and approved by the Monroe County Risk Administrator. The All Risk Property 2 Packet Pg. 1758 D.14.e Insurance must be in place, however, prior to any type of structure being delivered to the Premises. If the insurance policies originally purchased which meet the requirements of this Lease are cancelled, terminated, or reduced in coverage, then the Lessee shall immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Lease. 7. Utilities. Lessee shall be responsible for paying any and all costs of utilities, including any development fees, connection fees and/or lines associated with connection to any of the utility services, and monthly utility fees, such as water, electric, sewer, solid waste, telephone, or cable. If any additional infrastructure is y required for any such utilities, Lessee shall be responsible for payment of all costs or fees associated thereto. 8. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Lessee or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. 0. Pursuant to Section 713.23, Fla. Stat., the liens authorized in Ch. 713, Fla. Stat. does not apply to the Lessor. 9. Records—Access and Audits. The Lessee shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such W records for a period of four (4) years after termination of this Lease. The Lessor, its _ officers, employees, agents, and contractors shall have access to the Lessee's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the Lessor shall occur at any reasonable time. 10. Relationship of Parties. The Lessee is, and shall be an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise W control, direction, and supervision over the means and manner that its personnel, relief workers, and volunteers perform the work for which purpose this lease is entered. The Lessee shall have no authority whatsoever to act on behalf and /or as agent for the Lessor in any promise, lease, or representation other than specifically y provided for in this Lease. The Lessor shall at no time be legally responsible for any negligence on the part of the Lessee, its employees, agents, relief workers, or W volunteers resulting in either bodily or personal injury or property damage to any y individual,property,or corporation. CO 11. Termination. This Lease may be terminated at the discretion of the Lessor in the following circumstances: A. Lessee fails to pay the rent when due; CO CD B. Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required; 0) C. Lessee otherwise breaches the terms of this Lease. D. Lessor may terminate this Lease upon giving sixty (60) days' prior written notice to the Lessee. 3 Packet Pg. 1759 D.14.e Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease. In the case of default/breach, the County Administrator or his designee shall first give Lessee a written notification stating the default/breach and that Lessee has seven (7) days to correct the default/breach. if the Lessee has not corrected the default/breach at the end of the seven (7) days, then the Lessor may terminate the Lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Lease, the Lessor shall be entitled to reasonable 0 attorney's fees. Waiver of a default in any particular month shall not bind the Lessor 2 to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 12. Use and Conditions. A. The Premises shall be used solely for the purposes of conducting the Lessee's activities related to providing recovery services to individuals and families affected by disasters in the Florida Keys, including the provision of affordable housing for relief workers coordinated by the Long Term Recovery Group, who may be providing services for Lessee. B. Lessee may use exterior utility connections such as water, electricity, and any other utilities currently located on the Premises. Lessee shall be responsible for the cost of such utilities as set forth in paragraph 7 of this Lease. C. Lessee may place only temporary housing facilities to be used as sheltering units, on the Premises that are in compliance with all rules and regulations of Monroe 0. County, including but not limited to, recreational vehicles, modular units, trailers, o fold out shelters, and site built structures, on an as needed basis. Lessee will advise Lessor when such placement or removal will occur. _ D. Lessee will further use and occupy the Premises in a careful and proper manner, and not commit any waste thereon. The Lessee shall not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the Premises. Any activities in any way involving hazardous materials or substances of any kind o whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, shall strictly comply with all federal, state, and local laws. Lessee shall not use or occupy the Premises for any unlawful purpose and will,at the Lessee's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the Premises. y E. Lessee shall be solely responsible for operating and maintaining the Premises, including all utilities, security, enforcement of rules and regulations, programs, W transportation, and any and all other aspects of operations. y F. During the Term of this Lease, Lessee shall annually provide Lessor with a Summary of Activities Report which details actions taken to support recovery in CO Monroe County. A statistical analysis should be incorporated which details number of families served, number of relief worker hours contributed, andLO resources distributed. CO G. If the Premises are used for any other purpose, without the Lessor Administrator's prior written consent, the Lessor shall have the option of immediately terminating this Lease. The Lessee shall not permit any use of the Premises in any manner that would obstruct or interfere with any Lessor functions and duties. Further, the Lessee shall not sublease any space or antenna use to any other entity. H. The Lessee acknowledges-that the Premises contain soil contamination. The Lessee accepts the property in its "AS-IS" condition. The Lessee does hereby 4 Packet Pg. 1760 D.14.e accept the leased Premises as now being in fit and tenantable condition for all purposes of the Lessee. I. No structure or improvements of any kind, whether temporary or permanent, shall be placed upon the land without prior approval in writing by the Monroe County Administrator. J. Lessee shall preform, at its sole expense, all work required in the preparation of the Premises hereby used for occupancy by the Lessee, except as otherwise provided in this Lease. > K. Lessor reserves the right to inspect the leased area and to require whatever adjustment to structures or improvements that Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at the Lessee's sole cost and expense. L. Signage of any type shall comply with the County's sign regulations. M. At any time that the Premises are needed by the Lessor for pre-disaster and/or post-disaster staging operations, Lessee shall accommodate Lessor to the fullest degree possible. This shall include, when necessary, but not limited to, cessation of the Long Term Recovery Group's activities and purposes, as fully as possible to accommodate storage of materials by Lessor, and the like. 0 13. Lessee Covenants. Lessee covenants and agrees as follows: LN A. Lessee will vacate the structures and the Premises on or before August 14, 2020, 0. unless it exercises its option to renew this Lease. E B. To maintain the grounds of the Premises including but not limited to; mowing, weeding,trimming of plants and trees, and trash removal. -> C. Lessee will limit access to the Premises to staff, employees, registered relief workers,volunteers, or any others authorized by a staff member of the Lessee. D. Lessee may allow limited access by the public for the purpose of processing the 0) donation of an approved temporary housing facility/structure. Any member of the _ public making such a donation will be accompanied on the Premises by a staff member of the Lessee. E. Lessee will provide restroom facilities on the Premises for the use of the staff, employees, registered relief workers, volunteers, and any others authorized by a staff member of the Lessee. F. Lessee shall maintain any and all appropriate Federal, State, County, or City occupational license during the period of this lease. G. Lessee agrees to keep the leased Premises in a safe, clean, and well-maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Facilities or his representative. H. Lessee agrees to operate its business in a business like manner. y 14. Lessor Covenants. In connection with the above demised Premises, the Lessor W covenants with the Lessee that conditioned upon Lessee's performance and y observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and peaceable possession of the Premises during the term of this Lease. In the event the CO Monroe County BOCC elects to maintain and/or use the Premises in any manner in the vicinity of the leasehold herein, either by necessity, or by choice, such activity LO will not be considered as a breach of any covenant of this Lease. CO CD Lessor further covenants and agrees as follows: A. Monroe County Director of Facilities, or his representative, will secure the Premises on August 15, 2020, unless the Lessee exercises any extension period pursuant to the terms of this Lease. 5 Packet Pg. 1761 D.14.e B. Lessor shall provide to Lessee access to the secured Premises for the purpose of evaluating the condition and status of any existing utility services for the repair or replacement of the existing utilities by the Lessee. 15. Maintenance and Condition of the Premises. During the term of this Lease, Lessee is responsible for all maintenance and repairs, including major repairs. Lessee must keep the Premises in good order and condition. Lessee must promptly repair damage to the Premises. At the end of the term of this Lease, the Lessee must surrender the Premises to the Lessor in the same good order and condition as the Premises were on the commencement of the term, normal wear and tear excepted. 0 The Lessee shall not commit waste on the Premises, nor maintain or permit a nuisance on the Premises. After termination or expiration of this Lease, the Lessee shall pay the Lessor the cost of any repairs and clean-up necessary to restore the y Premises to its condition at the commencement of the Lease. 0 16. Assignment. Lessee may not assign this Lease or assign or subcontract any of its obligations under this Lease without the prior written approval of the Monroe County BOCC. All the obligations of this Lease will extend to and bind the legal representatives, successors, and assigns of the Lessee and the Lessor. LN 17. Subordination. This Lease is subordinate to the laws and regulations of the United 0. States, the State of Florida, and Monroe County, whether in effect on commencement of this Lease or adopted after that date. 18. Licenses. Lessee shall be responsible for and provide all licenses required by all 0. local, state, and federal agencies. 0) 19. Cessation of Long Term Recovery Group Operations. Upon the natural _ expiration or early termination of this Lease, the operation of a temporary housing facility shall immediately be ceased and all improvements, equipment, and other personalty of the Lessee, its officers, staff, employees, agents, relief workers, volunteers, and invitees shall immediately be removed from the Premises. Any damage to the Premises which has occurred due to the use contemplated under this Lease shall be immediately repaired and the Premises restored to its original condition, unless the parties agree at the cessation of operations that the Premises W need not be repaired or restored due to other benefits installed by Lessee during the Term of this Lease. Should the Lessee determine to cease operation prior to natural termination of this Lease, the Lessee shall give Lessor prior written notice of such intended cessation sixty (60) days before the effective date of the cessation of y operation. 20. Premises to be Used for Lawful Purposes. It is expressly covenanted between y the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes co calculated to injure the reputation of the leasehold property or of the neighboring property,nor for any purpose or use in violation of the laws of the Untied States, or of LO the State of Florida, or of the Ordinances of Monroe County, Florida. Lessee will co CD keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of 0) Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and 6 Packet Pg. 1762 D.14.e due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 21. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the possession of said property by reason of any defect in the title of said Lessor or said a, Lessor's authority to make this Lease, said Lessee shall not be required to pay rent 0 under this Lease while it is so deprived of said property, and that said Lessor shall not 2 incur any liability as a result of such ouster. 22. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 23. Rules and Regulations. A. COMPLIANCE. Lessee shall comply with all reasonable rules and L regulations with respect to use of the Premises, as the same may be amended from time to 0. time, all additional laws, statutes, ordinances,regulations, and rules of the federal, state, and county governments, and any and all plans and programs developed in w compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal safety laws and regulations, and federal, state, and county environmental, hazardous waste and materials and natural resources laws,regulations, and permits. W B. VIOLATIONS. Lessee agrees to pay on behalf of the Lessor any penalty, _ assessment, or fine, issued against the Lessor, or to defend in the name of the Lessor any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that Lessee, its agents, employees, or invitees have violated any law, ordinance, regulation, rule, or directives described in 23(A) above. 24. County's Right of Entry. The Lessor reserves the right hereunder to enter upon the Premises at any reasonable time during normal operating hours for the purpose of inspecting said Premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease. The Lessee hereby agrees to y keep the Premises at all times in a clean and sanitary condition, and not to maintain or keep upon said Premises any properties or equipment not used in connection with the W operation of said business, unless authorized by the Lessor to do so. y 25. Leasehold Improvements. The Lessee agrees not to make any alterations to co said Premises, without first obtaining written consent of the Lessor to do so. Such alterations shall be based on plans approved by the Monroe County Administrator and shall be subject to all State and County code provisions governing construction. co CD Lessee shall be responsible for obtaining any permits required by any governmental agency. All site improvements shall be pre-approved by the Monroe County Board of W County Commissioners. 26. Responsibility for Property on Leasehold. All property of any kind that may be on the Premises during the term of this Lease shall be at the sole risk of the Lessee. 7 Packet Pg. 1763 • D.14.e The Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or person on the Premises. 27. Damage to Leasehold. In the event that the demised Premises, or a major part thereof, are destroyed by fire, storm, or any other casualty, the Lessor at its option may forthwith repair the damage to the Premises and any structures located thereon at its own cost and expense. The rental thereon shall cease until the completion of such repairs. If Lessor exercises its option to repair the Premises, Lessee agrees to assign > its right to the insurance proceeds to.the Lessor. 0 U 28. Rights Reserved. Rights not specifically granted to Lessee by this Lease are 2 reserved to the Lessor. y 29. Indemnification / Hold Harmless. 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) c and any other losses, damages, costs, penalties, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed by this lease/rental agreement. The extent of liability is in no way 0. limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 30. Governing Law, Venue, and Interpretation: This Lease shall be governed by and 0. construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 31. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved y by the Board of County Commissioners, and signed by both parties before it becomes effective. -- 32. Severability. If any term, covenant, condition, or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or CO unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions, and provisions of this Lease, shall not be affected thereby; and LO each remaining term, covenant, condition, and provision of this Lease shall be valid CO CD and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8 Packet Pg. 1764 D.14.e 33. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary a, procedures required by the circuit court of Monroe County. 0 34. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 0 35. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Lease have been duly authorized by all necessary County and corporate action, as required by law. 36. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the 0. purpose of this Lease; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each parry prior to submission. 37. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still W not resolved to the satisfaction of the parties, then any party shall have the right to _ seek such relief or remedy as may be provided by this Lease or by Florida law. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Lease, Lessor and Lessee agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Lessor and W Lessee specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Lease. 39. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination y against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Lease W automatically terminates without any further action on the part of any party, effective y the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. co These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, LO religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, co CD as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 0) USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 9 Packet Pg. 1765 abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The,Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, 0 color, sex, religion, disability, national origin, ancestry, sexual orientation, gender 2 identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. 0 40. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 41. Code of Ethics. Lessor agrees that officers and employees of the Lessor recognize 0. and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; > unauthorized compensation; misuse of public position, conflicting employment or 0. contractual relationship; and disclosure or use of certain information. W 42. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it _ has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 43. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, y and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made W or received by the Lessor and Lessee in conjunction with this Lease; and the Lessor y shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. CO CD 44. Non-Waiver of Immunity. Notwithstanding the provisions of Chapter 768.28, LO Florida Statutes, the participation of the Lessor and Lessee in this Lease and the CO CD acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of 0) immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 10 Packet Pg. 1766 D.14.e 45. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. > 46. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or 0 Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any y participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. 47. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party 0. claim or entitlement to or benefit of any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise > indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease. W 48. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 0 49. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. 50. Execution in Counterparts. This Lease may be executed in any number of y counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto W may execute this Lease by signing any such counterpart. y 51. Section Headings. Section headings have been inserted in this Lease as a matter of CO convenience of reference only, and it is agreed that such section headings are not a part of this Lease and will not be used in the interpretation of any provision of this LO Lease. CO CD 52. Cancellation of Agreement. Lessor may cancel this Lease Agreement by giving Lessee sixty (60) days' advanced written notice upon the happening of any of the following events: the appointment of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee of the premises for a period of sixty (60) days. By the end of the sixty (60) days' notice 11 Packet Pg. 1767 D.14.e 31Va Zj A3 001NViSISSd 831EIV3 b1011diVd W80 Ol SV(13A0addd 30WO S.A3NdOl1H AiNnOO 30 NOW a N Ruud zrego al�i.L c auzcN Juud auMN Ruud oldu gdaIS '�NI `d110210�2I�AOo�2l Mal ONO'I ADMOo HOUNOW :SFISSHNULI 1 :HFISSFII 0 ao d 0. piAEQ.IOXU � 3IzalD c4nda AU �y ` uohH v O I3`` L 4O?lNol�i 30 ?I2IH-13 ` xoa� N c - '` I �'�a �c F SiffNolssT+NMOO ALNaoD do auvOg 3 o 2lOSSa(lUj A. jy O N ® QLLJ •uaRuen anogt,jsuj.rea, uputo p aqi ss pug spuL,g it has anLIq oTaaaq sated aqR `30a2IMHtY1 SSaN Lyc1 NI c c IV0££UPPOH `Isam XO'X OVO££npuold `Isom fla}l L9L ,xog 'O 'd SOZ-Z uxoog E dnoig f.Zanooag 1034S uoTuouITS 0011 uuol OuoZ f4uno3 aozuoW )4unoD aoiuOw 1010311Q aAtjnoaxH .10W4siunupV f4unOD _ :Mlssall :'Hossarl :suosaad Ouinnollol age of jugs oq llugs ooiloM -XJOAilaplo co Ioosd glum aaunoo Aq io `palsonbai Idia0w ummai`pauijjao `jjuW sojujS pollun Sq luos r- oq ll-egs asm-1 sigl of Iuensmd uomo aouapuodsauoo jo aollou uojjjjm Kud •saal I'S LO co •dMsaogln-e Io siseq age uo fiwd aaqlta isuresn pan rTsuoo oq ol you si asrva7 sigj aaolazagj `zossa7 put, aassa7 Xq p3mouaz Sllnla.reo uaaq suq asto l suU -,mead ieninn '£S •saal s,,Cauaojju olquoscai of polillua oq IlL,gs aossaZ agl `gdu.2uzud sigl aapun slg2u s,.iossaZ oqT aoioluo of aapio ui Xotuopt, ut, Io sooiAias a p Solduza of Xmss000u si 113j •auras Io uoissossod a)R pu's ialua -az .pounm A uz iossa-j agl pun sasiuzaad aqj paInoUA oAug llL,gs oassaZ `pound Packet Pg. 1768 c� EXIUBIT "X TO LEASE arcel 1 TRACT no. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key, Florida and now particularly described by metes and bounds as follows: On the island of Big Pine Key, Monroe County, Florida, begin at the center of Section 26,Township 66 South, Range 29 East; thence run.due Westerly 548.75 feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet; thence run due Southerly 160.0 feet, thence run due Easterly 299.375 feet; thence run due Northerly 160.0 feet to the POINT OF BEGINNING. c Parcel Il c Easement for the purpose of vehicular and pedestrian ingress and egress as reserved in Special Warranty Deed from Carnival Fruit Company, a Florida corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27, 1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the Public Records of Monroe County, Florida. co T_ CD T_ co CD 13 Packet Pg. 1769 c� EXHIBIT "B" TO LEASE 0 Insurance Requirements U) 0 0 2 0. 0 0 Co - CD T- Co CD 14 Packet Pg. 1770 D.14.e c� tots Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 0 MONROE COUNTY,FLORIDA AND ns Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum: • Premises Operations e • Products and Completed Operations LN • Blanket Contractual Liability • Personal Injury Liability 0. The minimum limits acceptable is: S 1,000,000 Combined Single Limit(CSL) 2 An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 ns GL3 y ns 00 T- CD LO 00 CD Administrative Instruction 7500.7 53 Packet Pg. 1771 D.14.e irq tote Edidon WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 0 MONROE COUNTY, FLORIDA 2 AND a, 2 Priorto the commencement of work governed by this contract,the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440,Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less a than: $1,000,000 Bodily Injury by Accident 0. $1,000,000 Bodily Injury by Disease,policy limits $1,000,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the.contract. 0 Coverage will be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. a In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. co CD LO WC3 co CD Adminlstmil-c tnstmcdon 7500.7 g➢ Packet Pg. 1772 D.14.e 2019 Nation BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 0 MONROE COUNTY,FLORIDA 2 AND a, Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum,liability coverage for: 0 • Owned,Non-Owned,and Hired Vehicles 0 0. The minimum limits acceptable is: $1,000,000 Combined Single Limit(CSL) if split limits are provided,the minimum limits acceptable are: 0. $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 co T_ CD co VL3 CD Administrutiw Instruction 7500.7 >R Packet Pg. 1773 D.14.e c� F018 Cdrtian ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASESIRENTALS OF COUNTY-OWNED PROPERTY 0 BETWEEN MONROE COUNTY,FLORIDA AND T 0 Prior to the Lessee occupying the leased property that is the subject of this agreement,the Lessee will obtain All Risk Property Insurance (to include the perils of Flood and Wind)with limits no less than the Full Replacement Cost Value of the property being leased or rented. Coverage will o be maintained throughout the life of the lease and will include,as a minimum,coverage for. 0 Fire Lightning Vandalism 0. Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood 2 0. 0 The Monroe County Board of County Commissioners must be named as Loss Payee on all policies issued to satisfy the above requirements. 0 0 CD co ARPLO co CD Administrative Instruction 7500.7 39 Packet Pg. 1774 D.14.e NON-COLLUSION AFFIDAVIT i, Ili Jt.R,<<a, Lvc1c.4,4 of the city of I� xoo IftwL, Flay i 4o. according to law on my oath, and under penalty of perjury, depose and say that: 1. I am xasAl a DinsAor 0 of the firm of kahro Cow.+ ST M Q•a WAX!4 QM u a the bidder making the Proposal for the project described in the Request for Qualifications for: n `v10 I' (� y $ia► Y�r�e �e�. Va►c.ou,-�- - '��ce�r I+nuitrLq \�"o�c and that I executed the said propo al with full authority to do so: .! 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the 0. bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full 0) knowledge that Monroe County relies upon the truth of the statements contained in this a idavit in awardirig contracts for said project. (Signature of Respondent) ( ate) 0 0 STATE OF: j� COUNTY OF: f ►oo,)2ob/ toc-R66Ise—PERSONALLY APPEARED BEFORE ME, the undersigned authority, (X� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this -day of 20 Imo. Y PVe i C• « 03 e�.= G J LINDEBERG NO ARY PUBLIC * * _ Notary Public_State of Florida __- ComLO mission Comm.Expires Sep 29,2018 . OF Commission#FF 164055 03 CD My Commission Expires: Packet Pg. 1775 D.14.e PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any U public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from y the date of being placed on the convicted vendor list." y h' �t_ r L'[ G' I have read the above and state that neither Weal it. Lu - C0IV (Praposer's name) nor any Affiliate has been placed on the convicted vendor list Athin the last 3( m nths. e 0 W"k (Signature) 0. Date: 2 0. 0 STATE OF: COUNTY OF: &02)e Subscribed and sworn to(or f rmed)before me on the l day of �61PT-6,qisak 20JL!�—,by LILN,6 -1f UCLkIL (name of affiant). He/She is personally known to me or has produced T*�,,1 i "6Q Lt crs�� (type of identification)as identification. My Comm Ex i es E N TA Y PUBLIC �,00iPaYP�e�;., G J LINDEBER]2018 a: :°�= Notary Public-State o My Comm.Expires SepF F� , Commission#FF 1 N qu,q" t8 00 P' CD T- P' CD oo Packet Pg. 1776 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Y V '� kr ovtt ctr rev > Name of Business) 0 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. y 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 0 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 0 0. 4. In the statement specified in subsection (1), notify the employees that, as a condition of E working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled 2 substance law of the United States or any state, for a violation occurring in the workplace no 0. later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 0 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. r � Respondent's Signature y Dal opavP�e�., G J LINDESERG r ?_ $"' Notary Public-State of Florida NO A Y P l_IC LO N roe;My Comm.Expires Sep 29,2018 '9iFOF f��p Commission#FF 164055 1111111. — My Commission Expires: 0 Packet Pg. 1777 D.14.f it 652788 fit l I 4 2 [AH 544 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this day of U�� August, 1990, between CARNIVAL FRUIT COMPANY, a corporation existing under the laws of the State of Florida, having its principal place of business in the County of Dade and State of t Florida, and lawfully authorized to transact business in the State of Florida, party of the first part, and BRUCE H. SEIGAL and LEDA GRODSKY SEIGAL, his wife, whose address is 1605 Flagler Avenue, Key West, of the County of Monroe and State of Florida, collectively, party of the second part, 0 W I T N E S S E T H: i That the said art of the first party part, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, to it in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said party of the second part, its successors and assigns forever, the 6 .`.'_ following described land situate, lying and being in the County , of Monroe and State of Florida, to wit: , The tract of land described on Exhibit "A" o ; ; attached hereto and by this reference expressly made a part hereof (the w "Property") . aF EN Subject to easements, conditions, { ° (sJ reservations, restrictions and limitations - +' X of record; to applicable zoning rules and °i. l { 'o regulations and other requirements imposed o {t Q by governmental authorities; and to taxes ° i? for the current and subsequent years. �° Reserving, however, unto the party of the NJCI N� > first part, its successors and assigns, an easement in, over, under, upon and across the tract of land described in Exhibit "B" CZ A {; attached hereto and by this reference o >° expressly made a part hereof (the "Easement Area") for the purpose of vehicular and pedestrian ingress and egress to and from the land described on Exhibit "C" attached hereto and by this reference made a part ° ! hereof. E BY ACCEPTANCE OF DELIVERY OF THIS SPECIAL WARRANTY DEED, PARTY OF THE SECOND PART, INTENDING TO BIND ITSELF AND ITS SUCCESSORS AND ASSIGNS, ACKNOWLEDGES THAT THE PROPERTY CONVEYED "' s} HEREBY IS ADJACENT TO REAL AND PERSONAL PROPERTY OWNED BY PARTY r " OF THE FIRST PART AND USED BY IT AS A FRUIT AND PRODUCE DISTRIBUTION CENTER, AND PARTY OF THE SECOND PART ACCEPTS THE r c CONVEYANCE OF THE PROPERTY WITH THIS FULL KNOWLEDGE AND SUBJECT TO THE USE OF THE PARTY OF THE FIRST PART'S ADJACENT LAND AND 6s ' PERSONAL PROPERTY FOR SUCH PURPOSES OR ANY OTHER LEGALLY AUTHORIZED USE. v ! X ° 1 k 'nl � ' THIS INSTRUMENT PREPARED BY: 7��' D+v� -� Err Nicolas J. Watkins, Esq. D4 we�---- � Steel Hector & Davie 4000 Southeast Financial center DAMNY 1 Cl$ EA ¢ }, Miami, FL 33131 81► L't«2� C i�'" �'. S l E I � r Packet Pg.1778 (D.14.f 652788 1 14 2 I,.cL1545 By its acceptance of delivery of this Special Warranty Deed, party of the second part, intending to bind itself and its successors and assigns, expressly agrees as follows: (i) to maintain and keep the Easement Area in a state of good condition and repair at all times; 1, f I to take such other measures and precautions as may be required for general and traffic safety purposes, including compliance with all governmental regulations; the right and privilege hereby reserved by party of the first part to use and enjoy the Easement Area is intended by party of the second part to establish a perpetual non-exclusive easement, right and privilege in the party of the first part to retain access to and from U.S. Highway No. 1 over and across the Easement Area; (iv) no portion of the Easement Area shall be excavated :: ;? filled, altered or paved without the prior written a consent of party of the first part or its , successors and assigns, and no building, ' structure, fence, obstruction or improvement of c 't any nature shall be erected, constructed or located on the Easement Area by party of the L ;ri second part or its successors and assigns, except as otherwise provided herein; (v) the vehicular and pedestrian ingress to and egress E ;` "; from the land described on Exhibit "B" attached hereto shall include ingress and egress in, on, over, upon and across the driveways and oui{" accessways, sidewalks and walkways, and exits and entrances now or hereafter laced or maintained by party of the second part or its successors and k assigns on the Easement Area, as the same may be relocated or modified from time to time; (vi) the easement rights reserved herein shall include the right of party of the first part, its w` licensees, agents, successors and assigns, to > construct, operate and maintain overhead and underground electric, telephone, and water and sewer utilities facilities (including wires, ? '', poles, guys, cables, conduits, pipes and appurtenant equipment) now existing or to be v installed from time to time; with the right to reconstruct, improve, add to, change the size of, or remove such facilities or any of them; to Mt � , x permit the attachment of conduits, wires, or �, ;� y cables of any other company or person; the right biy to use one or more roads or other access upon or % across said lands, the right of ingress and egress over adjoining lands of party of the second part for the purpose of exercising the easement rights hereby reserved, also, to cut, trim, remove and keep clear all trees, brush, undergrowth and other obstructions that might endanger or interfere with said facilities, including but not limited to CL`t ? buildings, structures, fences, wells, irrigation ` • systems or other improvements; and 0 ° 5 E (vii) The easement rights reserved herein shall include y U ,t3 the right of party of the first part, its a licensees, agents, successors and assigns, to improve the Easement Area as and when improvements thereto shall be deemed necessary by party of the first part in its sole discretion. -2- , Packet Pg.1779 • D.14.f 652788 hE11142 1546 And the said party of the first part does hereby agree to defend the title to the Property against the lawful claims of all persons whomsoever, claiming by, through or under the party of the first part herein. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its proper officers, and its corporate seal to be affixed, the day and year above written. i. Signed, sealed and delivered C IVAL FRUIT CO PANY, ; in neresence of s: a FZ7a cor�ora on Title: (Corps to eal) ns ` STATE OF FLORIDA COUNTY OF MONROE ) 4y'+,�•{ ® liuf The foregoing instrument wag acknowledged before me � ; this 23,:d day of August, 1990 by I'Ukia M "S�B_S , � Qr,� the SfbR.E--r—AlLY of CARNIVAL FRUIT COMPANY, a Florida t corporation, on behalf of the corporation. X y,. ' WITNESS my signature and official seal at Key W60illl11111i; ® f j in the County of Monroe and State of Florida this 22:gt,.dui 10 t j;'�,,• a August, 1990. .•'' r ,' , 9 ° a NotaryPublic State.�of -�p� r ri My Commission Expires )-',,u4d,�e,� Y S`{ �•iF�s d b E Q I• d y tty � PH1/674 ` t tr p. i i r • 'A ili � AF E E { t i4 r l.•, 4 f -3- / i'` Packet Pg.1780 652788 �f_cl 142 I'A-11547 EXHIBIT "A" TO SPECIAL WARRANTY DEED THE PROPERTY { A tract of land in a part of the Southeast Quarter of the Northwest Quarter of Section 26, Township 66 South, Range 29 East, on Big Pine Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of the Southeast Quarter of the Northwest Quarter of Section 26, bearing West, along the °> South line of the Southeast Quarter of the Northwest Quarter of Section 26 a distance of 746 feet to the point of Beginning of the tract of land hereinafter described; thence bear North, 0 ` '' 165.18 feet to the Southerly right of way line of U.S. Highway No. 1; thence bear North 89451' West, along said Southerly right of way line, 100 feet; thence bear South, 165.44 feet to the South line of the Southeast Quarter of the Northwest Quarter of Section 26; thence bear East, along the South line of the o ; Southeast Quarter of the Northwest Quarter of Section 26, a IT.,5`,. distance of 100 feet, back to the Point of Beginning. i y 0 5� e r`�tps s 11 i a�y�fi��r Hl y J li Q t � fi 0 Y E j aa CL I r jfY A`Sa*n z � � �. arq�a>.rQd Safi � if tY4r i t thY1��:ij�e � i z, r f' E ' t; 5 1 j t j i -4- Packet Pg.1781 D.14.f 652788 kl.cI 1 �2 !:ail 5�E8 EXHIBIT "B" TO SPECIAL WARRANTY DEED 1 THE EASEMENT AREA A tract of land in a part of the Southeast Quarter of the Northwest Quarter of Section 26, Township 66 South, Range 29 East, on Big Pine Key, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the Southeast corner of the Southeast Quarter of the Northwest Quarter of Section 26, bearing West, along the South line of the Southeast Quarter of the Northwest Quarter of Section 26, a distance of 746 feet to the Point of Beginning of ° the tract of land hereinafter described; thence bear North, 165.44 feet to the Southerly right of way line of U.S. highway ® ; $ No. 1; thence bear North 8V 51' West, along said Southerly right of way line, 24.9 feet; thence bear South 165.44 feet to the ¢ South line of the Southeast Quarter of the Northwest Quarter of Section 26, thence bear East, along the South line of the Southeast Quarter of the Northwest Quarter of Section 26, a distance of 24.9 feet, back to the Point of Beginning. O t�7 > E�Li °dV" Q SYS r^ r4 E > d # hlAq'yit 1 4��{trr� -0 z zf it3y.. 71, � > t t� 9E 4 4�fy6t y t h tlX O �zs;;y5ya�ti qp' A 2 1 E 4 d �t t trf a� ffty Yi4{It � 4'yijd .. x � VCR Nt+y1' i r i er E IA y c V i I tt; s i 7 Q n z Pt z. '•t p'i; s % u �' Packet Pg.1782 D.74.f 652788 ;«1142 inaE15 9 � a EXHIBIT "C" TO I SPECIAL WARRANTY DEED On the Island of Big Pine Key, Monroe County, Florida, BEGIN at the center of Section 26, Township 66 South, Range 29 East; thence run due Westerly 548.75 feet to it the Point of Beginning; thence continue due Westerly ` } J 299.375 feet; thence run due Southerly 160.0 feet; I � F thence run due Easterly 299.375 feet; thence run due Northerly160.0 feet to the Point of Beginning. '��" . C O�y > > 4 t y w* �t Y+ g9St 114' O C7,f�{ aris�i�ti.1 O i a y�ln�r Y�t tt¢��iy y4i ti dr�`r�r c r7 E �CC C d 4 Q t ,�;y. RH+M�in(/thC111 Maw,1l1 M)ok � to M-.arc» r g, D�fYPFt7 L. KtiLi•tAt�X � w Ckrk Clccdlt Cowt a fir E v t t„ Q mg, rid � , n7 1. r 7t�'s l Q' -6- M j..1 � PaeketPg.1783 D.14.g �r%,"A" tr4��Vdr rk' (s t� Pti a fA r�Wall 0 MONROE UNTO" Long TerM Recovery ( roup 0 May 1, 2020 0 0. s.Juanita Jones,AIP, IP P Housing Recovery Administrator 0 0 Monroe County Government 0 Marathon Government Center 2798 Overseas Highway, 2"a FL Marathon, FL 33050 = Bear Ms.Jones, 0 As we have discussed,the Monroe County Long Terra Recovery Group (LTRG) in accordance with Sections 2, and 3. of the existing Land Lease Agreement makes this written request for Monroe County approval of a renewal of the existing lease through February 20, 2023. The LTRG is seeking to have another qualified entity,the Florida Keys Hurricane Recovery Foundation, assume this lease as of June 1, 2020. The LTRG currently meets all current insurance required by the operative Land Lease Agreement and have been assured that the new Lessee (Florida Keys Hurricane Recovery Foundation) who will be W assuming the existing Land Lease Agreement's terms, duties, and obligations, has secured the necessary policies needed. The LTRG will be dropping its policy for this property as of June 1, 2020_ CD CD LO Lastly, the Monroe County Long Terra Recovery Group would also request a transfer of the temporary housing authority for relief workers to be granted for the Florida Keys Hurricane Recovery Foundation so that it can continue the Hurricane Irma relief work being supported by the Volunteer Village. Should you have any additional questions, please let me know. Kind regards, Michelle Luckett Executive Director Monroe County Long Term Recovery Group Packet Pg. 1784 D.14.h RESOLUTION NO. -2020 c A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF > MONROE COUNTY, FLORIDA, APPROVING AN AMENDMENT TO AN EXISTING LAND LEASE BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND THE y MONROE COUNTY LONG TERM RECOVERY GROUP, INC. ("LTRG"), A FLORIDA NOT-FOR-PROFIT ORGANIZATION, TO AUTHORIZE FLORIDA KEYS HURRICANE RECOVERY FOUNDATION INC. ("FKHRF"), A FLORIDA NOT-FOR-PROFIT ORGANIZATION, TO ASSUME LTRG'S STATUS AS LESSEE UNDER THE SUBJECT LEASE v, RELATING TO VACANT COUNTY-OWNED LAND LOCATED AT 30320 OVERSEAS HIGHWAY, BIG PINE KEY, FLORIDA, WHOSE PUBLIC PURPOSE IS TO PROVIDE TEMPORARY HOUSING FOR DISASTER RELIEF WORKERS ASSIGNED TO ASSIST WITH ONGOING HURRICANE c DISASTER RELIEF OPERATIONS. E m WHEREAS, Section 125.38, Florida Statutes, authorizes not-for-profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by the 2 County and/or its Board of County Commissioners (`Board")that is not needed for other County purposes,to 0 apply to the Board of County Commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is not needed for other purposes,the County may,by duly adopted resolution of the Board,lease such property to such a not- for-profit organization at a fixed price,whether nominal or otherwise, regardless of the value of the property, with no advertisement required; and 0 WHEREAS,pursuant to Section 125.38,Florida Statutes,the Board's adopted Resolution must recite the fact that an application has been made, the purpose for which the leased property is to be used, the rent, and term(s), of the lease; and WHEREAS,in February 2018,the Monroe County Long Term Recovery Group, Inc. ("LTRG")was formed to provide coordinated long term disaster recovery services to the residents of Monroe County,Florida, recovering from the devastating impacts of Hurricane Irma which made landfall in the Florida Keys on y September 10,2017; and WHEREAS,the LTRG has comprised of non-profit organizations who have had access and who have been able to receive grants from available Federal and State programs to assist the residents of Monroe County, Florida,in their long-term disaster recovery and rebuilding efforts in a coordinated manner; and 0 WHEREAS, due to the severe shortage of workforce housing throughout Monroe County, Florida, and without a centralized location, the LTRG was previously limited in its efforts because it was unable to provide the temporary housing needed for disaster relief workers that otherwise may be available from many E not-for-profit and faith-based organizations across the country; and 1 of 2 Packet Pg. 1785 D.14.h WHEREAS,on July 18',2018,the LTRG delivered a detailed presentation to the Board outlining its efforts and desired goals to more effectively deliver critically needed long-term disaster recovery services to the residents of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma, and m requested for the County to lease vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, to LTRG to provide the temporary housing needed for long-term disaster relief workers and to provide a :5 centralized location; and WHEREAS, on or about August 15', 2018, the Board approved a Resolution authorizing entry into > a Land Lease Agreement("Lease")with LTRG,with a Lease term commencing on or about August 15',2018, and scheduled to terminate on August 14', 2020; and WHEREAS, the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida(hereinafter the "property" or the "subject property"), was owned by the County as of August 15', 2018, and was not =� needed for any other purposes at that time; and 0 CD WHEREAS, the above-referenced August 2018 Land Lease Agreement is attached hereto as Exhibit "A."and is made a part of this Resolution as if fully stated herein; and WHEREAS, the LTRG has since begun a new business model whereby it serves as a blue-skies organization with part-time staff to service its operations; and 0. E WHEREAS, LTRG has submitted a written request to the Board, through a letter from LTRG Executive Director Michelle Luckett dated May 11t, 2020 (attached hereto as Exhibit `B." and made a part hereof as if fully stated herein), (A.) stating that the Florida Keys Hurricane Recovery Foundation Inc. 2 ("FKHRF"),a Florida not-for-profit corporation formed in December 2017,is another qualified entity qualified 0 to assume LTRG's duties, obligations, and responsibilities as Lessee under the Lease, and (B.) requesting for the existing Lease to be amended B 1. to remove LTRG as Lessee and to replace LTRG with FKHRF as the new Lessee under the Lease, and 132. to extend said Lease's life through February 20', 2023; and WHEREAS, in said written application from the LTRG to the Board, LTRG has further represented that(A.,) the LTRG currently meets all current insurance requirements required by the operative Lease, (B.,) that the LTRG will be dropping its insurance policy(ies) for the subject property as of June 1st, 2020, and(C.) c that the LTRG has been assured that the FKHRF has secured the insurance policy(ies) required to assume LTRG's status and role as Lessee under the Lease; and WHEREAS, this property remains County-owned and not needed for other purposes; and WHEREAS, the Amendment to Land Lease Agreement, attached hereto as Exhibit"C."and made a part of this Resolution as if fully stated herein, provides for the FKHRF to assume the LTRG's role, status, y duties, obligations, and responsibilities, as Lessee under this Lease, and extends the term of this Lease for a term and period up to and including February 20', 2023, and terminating on that date, at a rate of ten (10) dollars per term; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA: Section 1. Recitals and Leeislative Intent. The foregoing recitals, findings of fact, and statements of legislative intent are true and correct and are hereby incorporated as if fully stated herein. E Section 2. The Board hereby approves the Amendment to Land Lease Agreement between the Board of County Commissioners and the FKHRF, attached hereto as Exhibit"C." and hereby incorporated as 2of3 Packet Pg. 1786 D.14.h if fully stated herein, to provide temporary housing for long-term disaster recovery services to residents of Monroe County, Florida,recovering from devastating above-described hurricane impacts. c� Section 3. This Resolution shall become effective upon its execution by the Mayor. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a > regular meeting held on the 20t'day of May 2020. � 0 Mayor Heather Carruthers Mayor Pro Tem Michelle Coldiron Commissioner Craig Cates Commissioner David P.Rice 0 Commissioner Sylvia J. Murphy BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,BY: c 0 0. Mayor Heather Carruthers m 2 0. (SEAL) c ATTEST: KEVIN MADOK,CLERK °CD ' ONROE COUNTY ATTORNEY A VEo ks TOs FORM _ 5/4f2O — AS DEPUTY CLERK 0 0 c 0 3 of 3 Packet Pg. 1787 D.14.h Exh 'ib 'lt 0 c 0 U) :5 0 0. m 2 0. 0 0 0 c 0 Packet Pg. 1788 D.14.h J �� BOARD OF COUNTY COMMISSIONERS County of Monroe it f '�� Mayor David Rice,District 4 IleFl OI1da Keys �] Mayor Pro Tem Sylvia J.Murphy,District 5 Danny L.Kolhage,District 1 °µ� g g George Neu gent,District 2 Heather Carruthers,District 3 County Commission Meeting August 15, 2018 > LN Agenda Item Number: D.6 Agenda Item Summary #4503 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery 0 TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington NA 0 AGENDA ITEM WORDING: Approval of a Two (2) Year Lease Agreement at a rate of $10.00 per term with the Monroe County Long Term Recovery Group to allow use of the County owned 0 vacant lot at 30320 Overseas Highway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary housing for disaster relief workers coordinated by LTRG. ITEM BACKGROUND: Since the devastating impacts of Hurricane Irma, which made landfall in 2 the Florida Keys on September 10, 2017, a range of non-profit and faith-based organizations have 0 provided their resources and services to support post disaster recovery. Now, as we enter the long- a term redevelopment phase of the disaster, continued support from these organizations is needed to rebuild the lives and homes of the disaster survivors. The Monroe County Long Term Recovery Group (LTRG) formed in 2018 to effectively communicate unmet needs, maximize the coordination of non-profit and philanthropic resources, and avoid a duplication of efforts among all member organizations. Due to the severe shortage of workforce housing in Monroe County, nonprofit and 0 faith-based organizations are unable to house relief workers. The LTRG, therefore, approached the County to seek assistance in identifying temporary housing for relief workers coordinated by their organization. The above site has been identified as a suitable location because it is located in close proximity to the most severely impacted region and is located directly behind the Salvation Army's Recovery Center. This location is targeted to become a multi-organizational disaster recovery hub. E The Lease is for an initial two (2) year term, beginning August 15, 2018, and terminating on August 14, 2020, at a rate of$10.00 per term, with two (2) additional one (1)year renewal terms. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners (BOCC) expressed overwhelming support for this lease agreement to house relief workers at the BOCC meeting on July 18, 2018. The Commission urged 0 staff to expedite all actions supporting this project in order to ensure accommodations for disaster relief workers. CONTRACT/AGREEMENT CHANGES: New two year lease agreement Packet Pg. 1789 D.14.h STAFF RECOMMENDATION: Approval DOCUMENTATION: EXECUTED Land Lease Agreement- LTRG (revised final - legal stamped) Graphic 30320 BPK property on US-1 (002) > Graphic Property Layout 30320 BPK property on US-1 (002) easement document 0 Special Warranty Deed 2 FINANCIAL IMPACT: y Effective Date: August 15, 2018 0 Expiration Date: August 14, 2020 Total Dollar Value of Contract: $20.00 c Total Cost to County: 0 Current Year Portion: 0 Budgeted: NA Source of Funds: NA CPI: NA :2 Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: YES If yes, amount: $20.00 Grant: NA County Match: NA Insurance Required: Yes 0 Additional Details: The initial lease will be executed for a two (2)year term with an annual renewal option for an additional two years. NA REVIEWED BY: y Helene Wetherington Completed 07/26/2018 4:36 PM Assistant County Administrator Christine Hurley Completed 07/26/2018 4:48 PM Patricia Eables Completed 07/29/2018 4:42 PM Kevin Wilson Completed 07/30/2018 9:45 AM Budget and Finance Completed 07/30/2018 12:47 PM Maria Slavik Completed 07/30/2018 1:02 PM Kathy Peters Completed 07/30/2018 3:14 PM E Board of County Commissioners Pending 08/15/2018 9:00 AM Packet Pg. 1790 Kevin Madok, cPA t .o � Clerk of the Circuit Court& Comptroller—Monroe County, Florida ;o�.... c� DATE: September 21, 2018 > TO: Helene Wetherington, Director Local Disaster Recovery Department FROM: Pamela HancoC. SUBJECT: August 15n'BOCC Meeting Attached is an electronic copy of Item D6, Resolution No. 218-2018 pursuant to F.S. 125.38 approving a two Year Lease Agreement at a rate of$10.00 per term witli die Monroe o County Long Term Recovery Group (LTRG) to allow use of die County owned vacant lot at 30320 Overseas Higliway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary liousing for disaster relief workers coordinated by LTRG, for your liandling. 0. A certified copy has been mailed to Steplianie Kaple as directed in Section 3 of the subject Resolution. o 2 0. Please note that die required insurance must be provided prior to commencement of work o governed by die contract(Page 2 of die Contract#6). Should you have any questions, please feel free to contact me at extension 3130. 0 0 cc: S.Kaple MCLTRG County Attorney Finance File 0 0 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-85 Packet Pg. 1791 D.14.h RESOLUTION NO. 218- 2018 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A TWO (2) YEAR LAND LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE MONROE COUNTY LONG TERM RECOVERY GROUP, INC. ("LTRG"), A NOT FOR PROFIT ORGANIZATION, TO LEASE VACANT COUNTY- > OWNED LAND, LOCATED AT 30320 OVERSEAS HIGHWAY, BIG PINE KEY, FLORIDA TO PROVIDE TEMPORARY 0 HOUSING FOR DISASTER RELIEF WORKERS ASSIGNED TO ASSIST WITH RECOVERING FROM HURRICANE IRMA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.38,Florida Statutes, authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by CD the County or its board of county commissioners that is not needed for other County purposes, to apply to the board of county commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is not needed for other purposes, the Count may, b duly adopted resolution of the Board lease the property to P P Y Y� Y Y P P P Y c the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the value of 0. the property, with no advertisement required; and m WHEREAS, pursuant to the F.S. 125.38, the adopted resolution must recite the fact that an application has been made, the purpose for which the leased property is to be used, the rent and 0. terms of the lease; and a) WHEREAS, in February 2018, the Monroe County Long Term Recovery Group, Inc. ("LTRG") was formed to provide coordinated long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma which made landfall in the Florida Keys on September 10, 2017; and 0 WHEREAS, the LTRG is made up of non-profit organizations who have access and are able to receive grants from available Federal and State programs to assist the citizens of Monroe County, Florida, in their long term disaster recovery and rebuilding efforts in a coordinated manner; and WHEREAS, due to the severe shortage of workforce housing throughout Monroe County, and without a centralized location, the LTRG have been limited in their efforts because they have been unable to provide the temporary housing needed for disaster relief workers that otherwise may be available from many not for profit and faith-based organizations across the country; and W WHEREAS, the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, is owned by the County and is not needed for other County purposes at this time; and WHEREAS, on July 18, 2018, the LTRG delivered a detailed presentation to the Board outlining their current efforts and desired goals to more effectively deliver critically needed long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma and requested the County lease the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, to LTRG to provide the temporary housing needed for long term disaster relief workers and provide a centralized location; and Page 1 of 2 Packet Pg. 1792 WHEREAS, it is the desire of the Board to lease the County-owned property located at 30320 Overseas Highway, Big Pine Key, Florida, which is not currently needed for other County purposes, to LTRG to provide the temporary housing for disaster relief workers to deliver long term disaster recovery services to citizens of Monroe County, Florida, who are still recovering from the devastating impacts of Hurricane Irma; and WHEREAS, the Land Lease Agreement, attached hereto and made a part of this Resolution as "Exhibit A", leases the property located at 30320 Overseas Highway, Big Pine LN Ke Florida to LTRG for period of two 2 ears at the rate of ten dollars $10 per term, plus > Y� P ( ) Y ( ) P applicable sales tax, commencing August 15, 2018, and terminating on August 14, 2020, with an option to renew for two (2) additional one-year terms; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY y COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 Section 1. The Board hereby adopts the foregoing as findings of fact. Section 2. The Board approves the Laird Lease Agreement between the Board of County Commissioners of Monroe County, Florida, and the Monroe County Long Term Recovery Group, Inc., attached hereto and made a part of this Resolution as "Exhibit A", to provide temporary housing for long term disaster recovery services to citizens 0. of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma. Section 3. The Board hereby directs the Clerk to transmit a certified copy of this resolution to 0. Stephanie Kaple, Chair, Monroe County Long Term Recovery Group, Inc., P. O. Box 4767, Key West, Florida 33041. °3 Section 4. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Mo"oe County, Florida at a regular meeting held on the 15th day of August, 2018. C).c ► q r-- Q Mayor David Rice Yes M_`M Mayor Pro Tem Sylvia Murphy Yes Ef9 Commissioner Danny Kolhage Yes Z.Commissioner George Neugent Yes x � Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS e IN MADOK, CLERK OF MONROE OUN �i', FLORIDA W By: u YN� �- By: Deputy Clerk Mayor David Rice y MONROE COUNTY ATTORNEY'S OFFICE PAPpROVE�D E� PATRICIA EABLES ASSISTANT COU TY_ATT RNEY DATE: Page 2 of 2 Packet Pg. 1793 LAND LEASE AGREEMENT MONROE COUNTY LONG TERM RECOVERY GROUP,INC. THIS LEASE AGREEMENT is made and entered into this August 15, 2018, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("Lessor"), and MONROE COUNTY LONG 0 U TERM RECOVERY GROUP, INC., a non-profit corporation of the State of Florida, whose 2 principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" / "Long Term y Recovery Group"). 0 WHEREAS, Monroe County in 2004 purchased and now owns the property located at c 30320 Overseas Highway, Big Pine Key, Florida("Premises"); and LN 0 WHEREAS, the Lessee desires to use the Premises for its primary purpose of providing 0. recovery services to individuals and families affected by disasters in the Florida Keys Community; and WHEREAS, the Lessor has determined that the availability of affordable housing for 0. persons in the work force is critically low in Monroe County; and c 0 WHEREAS, Lessee's mission includes providing temporary housing facilities for relief workers coordinated by the Long Term Recovery Group providing services to the Florida Keys community after a disaster; and WHEREAS, the parties recognize that a primary purpose of the County acquiring the c Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster operations; and WHEREAS, the County finds that the best interests of the citizens of the Florida Keys are served by the placement of temporary housing facilities, including but not limited to, recreational vehicles,modular units, trailers, fold out shelters, and site built structures, to be used as sheltering units for the relief workers at the Premises; and y WHEREAS, the parties desire to enter into this Land Lease Agreement("Lease") for the W Premises for the purposes as set forth herein; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the Lessor, the undeveloped land only at 30320 Overseas Highway, Big Pine Key, Florida, 33043 ("Exhibit A"), a copy of which is attached hereto and made a part hereof. This Lease is subject to that certain Easement as set forth in a Special 1 Packet Pg. 1794 = Warranty Deed dated August 27, 1990, and recorded in Official Records Book 1142, at Page 1544 of the Public Records of Monroe County, Florida, as indicated on Exhibit"A"to this Lease. 2. Term and Effective Date. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in full force and effect for a term of two (2) years commencing as of August 15, 2018, and terminating on August 14, 2020. Lessee shall have an option, at Lessor's discretion, to renew for two additional one- year terms as set forth in paragraph 3 herein. > 3. Extension Period. Lessee may be granted two (2) additional one (1) year renewal terms, conditioned upon satisfactory compliance with the terms of this Lease as a prerequisite to exercising any option to renew. Lessee may, at least sixty (60) days prior to the expiration of this Lease, request in writing, that Lessor renew the Lease, under the same terms and conditions, for an additional Term of not more than one(1)year for each renewal("Extension Period"). CD 4. Rent. Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per Term, plus applicable sales tax, due on the first day of each Term, including any extension periods, payable in advance and remitted to Monroe County Clerk's Office, 500 LN Whitehead Street,Key West,Florida 33040. 0 0. 5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any E sales or use tax, levied by any governmental agency with respect to the Lessee's operations on the Premises. -� 6. Insurance. Prior to commencement of work governed by this contract(including the pre-staging of any personnel and temporary housing facilities), Lessee shall obtain, at Lessee's own expense, insurance as specified in Exhibit "B" attached hereto and made a part hereof. Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance, either (1) a Certificate of Insurance or, (2) a Certified copy of the actual insurance policy. The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Lessor by the insurer. The acceptance and/or approval of Lessee's insurance shall not be construed as relieving Lessee from any liability or obligation assumed under this contract or W imposed by law. The Monroe County Board of County Commissioners, its employees and officials shall be included as "Additional Insured" on all policies, except for Worker's Compensation. The All Risk Property Insurance, as shown in Exhibit`B" attached hereto,will not be required until some type of temporary housing facilities or structures are actually placed on the Premises, if a Waiver of Insurance form is properly submitted and approved by the Monroe County Risk Administrator. The All Risk Property 2 Packet Pg. 1795 D.14.h Insurance must be in place, however, prior to any type of structure being delivered to the Premises. If the insurance policies originally purchased which meet the requirements of this Lease are cancelled, terminated, or reduced in coverage, then the Lessee shall immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Lease. 7. Utilities. Lessee shall be responsible for paying any and all costs of utilities, including any development fees, connection fees and/or lines associated with connection to any of the utility services, and monthly utility fees, such as water, electric, sewer, solid waste, telephone, or cable. If any additional infrastructure is required for any such utilities, Lessee shall be responsible for payment of all costs or fees associated thereto. 0 8. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Lessee or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens authorized in Ch. 713, Fla. Stat. does 0. not apply to the Lessor. E 9. Records—Access and Audits. The Lessee shall maintain all books, records, and -� documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The Lessor, its as officers, employees, agents, and contractors shall have access to the Lessee's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the Lessor shall occur at any reasonable time. 0 10. Relationship of Parties. The Lessee is, and shall be an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and supervision over the means and manner that its personnel, relief workers, and volunteers perform the work for which purpose this lease is entered. The Lessee shall have no authority whatsoever to act on behalf and /or as agent for the Lessor in any promise, lease, or representation other than specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any y negligence on the part of the Lessee, its employees, agents, relief workers, or volunteers resulting in either bodily or personal injury or property damage to any W individual,property,or corporation. 11. Termination. This Lease may be terminated at the discretion of the Lessor in the y following circumstances: A. Lessee fails to pay the rent when due; B. Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required; C. Lessee otherwise breaches the terms of this Lease. D. Lessor may terminate this Lease upon giving sixty (60) days' prior written notice to the Lessee. 3 Packet Pg. 1796 D.14.h Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease. In the case of default/breach, the County Administrator or his designee shall first give Lessee a written notification stating the default/breach and that Lessee has seven (7) days to correct the default/breach. If the Lessee has not corrected the default/breach at the end of the seven (7) days, then the Lessor may terminate the Lease in its discretion. If it shall be necessary to employ the services of an attorney in order to > enforce its rights under this Lease, the Lessor shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the Lessor 0 to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 12. Use and Conditions. 0 A. The Premises shall be used solely for the purposes of conducting the Lessee's activities related to providing recovery services to individuals and families affected by disasters in the Florida Keys, including the provision of affordable housing for relief workers coordinated by the Long Term Recovery Group, who may be providing services for Lessee. LN B. Lessee may use exterior utility connections such as water, electricity, and any other utilities currently located on the Premises. Lessee shall be responsible for the cost of such utilities as set forth in paragraph 7 of this Lease. C. Lessee may place only temporary housing facilities to be used as sheltering units, on the Premises that are in compliance with all rules and regulations of Monroe County, including but not limited to, recreational vehicles, modular units, trailers, 0. fold out shelters, and site built structures, on an as needed basis. Lessee will o 0 advise Lessor when such placement or removal will occur. °3 D. Lessee will further use and occupy the Premises in a careful and proper manner, and not commit any waste thereon. The Lessee shall not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the Premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, shall strictly comply with all federal, state, and local laws. Lessee shall not use or occupy the Premises for any unlawful purpose and will,at the Lessee's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the Premises. E. Lessee shall be solely responsible for operating and maintaining the Premises, y including all utilities, security, enforcement of rules and regulations, programs, transportation, and any and all other aspects of operations. W F. During the Term of this Lease, Lessee shall annually provide Lessor with a Summary of Activities Report which details actions taken to support recovery in Monroe County. A statistical analysis should be incorporated which details number of families served, number of relief worker hours contributed, and a resources distributed. G. If the Premises are used for any other purpose, without the Lessor Administrator's prior written consent, the Lessor shall have the option of immediately terminating this Lease. The Lessee shall not permit any use of the Premises in any manner that would obstruct or interfere with any Lessor functions and duties. Further, the Lessee shall not sublease any space or antenna use to any other entity. H. The Lessee acknowledges-that the Premises contain soil contamination. The Lessee accepts the property in its "AS-IS" condition. The Lessee does hereby 4 Packet Pg. 1797 D.14.h accept the leased Premises as now being in fit and tenantable condition for all purposes of the Lessee. I. No structure or improvements of any kind, whether temporary or permanent, shall be placed upon the land without prior approval in writing by the Monroe County Administrator. J. Lessee shall preform, at its sole expense, all work required in the preparation of the Premises hereby used for occupancy by the Lessee, except as otherwise provided in this Lease. K. Lessor reserves the right to inspect the leased area and to require whatever c adjustment to structures or improvements that Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at the Lessee's sole cost and expense. L. Signage of any type shall comply with the County's sign regulations. M. At any time that the Premises are needed by the Lessor for pre-disaster and/or post-disaster staging operations, Lessee shall accommodate Lessor to the fullest degree possible. This shall include, when necessary, but not limited to, cessation of the Long Term Recovery Group's activities and purposes, as fully as possible to accommodate storage of materials by Lessor, and the like. 13. Lessee Covenants. Lessee covenants and agrees as follows: A. Lessee will vacate the structures and the Premises on or before August 14, 2020, unless it exercises its option to renew this Lease. B. To maintain the grounds of the Premises including but not limited to; mowing, E weeding,trimming of plants and trees, and trash removal. C. Lessee will limit access to the Premises to staff, employees, registered relief workers,volunteers, or any others authorized by a staff member of the Lessee. D. Lessee may allow limited access by the public for the purpose of processing the c donation of an approved temporary housing facility/structure. Any member of the a public making such a donation will be accompanied on the Premises by a staff member of the Lessee. E. Lessee will provide restroom facilities on the Premises for the use of the staff, employees, registered relief workers, volunteers, and any others authorized by a staff member of the Lessee. F. Lessee shall maintain any and all appropriate Federal, State, County, or City occupational license during the period of this lease. G. Lessee agrees to keep the leased Premises in a safe, clean, and well-maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Facilities or his representative. H. Lessee agrees to operate its business in a business like manner. 14. Lessor Covenants. In connection with the above demised Premises, the Lessor covenants with the Lessee that conditioned upon Lessee's performance and W observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and peaceable possession of the Premises during the term of this Lease. In the event the Monroe County BOCC elects to maintain and/or use the Premises in any manner in y the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this Lease. Lessor further covenants and agrees as follows: A. Monroe County Director of Facilities, or his representative, will secure the Premises on August 15, 2020, unless the Lessee exercises any extension period pursuant to the terms of this Lease. 5 Packet Pg. 1798 D.14.h B. Lessor shall provide to Lessee access to the secured Premises for the purpose of evaluating the condition and status of any existing utility services for the repair or replacement of the existing utilities by the Lessee. 15. Maintenance and Condition of the Premises. During the term of this Lease, Lessee is responsible for all maintenance and repairs, including major repairs. Lessee must keep the Premises in good order and condition. Lessee must promptly repair damage to the Premises. At the end of the term of this Lease, the Lessee must surrender the Premises to the Lessor in the same good order and condition as the > Premises were on the commencement of the term, normal wear and tear excepted. The Lessee shall not commit waste on the Premises, nor maintain or permit a 0 nuisance on the Premises. After termination or expiration of this Lease, the Lessee shall pay the Lessor the cost of any repairs and clean-up necessary to restore the Premises to its condition at the commencement of the Lease. 16. Assignment. Lessee may not assign this Lease or assign or subcontract any of its obligations under this Lease without the prior written approval of the Monroe County BOCC. All the obligations of this Lease will extend to and bind the legal representatives, successors, and assigns of the Lessee and the Lessor. 17. Subordination. This Lease is subordinate to the laws and regulations of the United States, the State of Florida, and Monroe County, whether in effect on commencement 0. of this Lease or adopted after that date. E 18. Licenses. Lessee shall be responsible for and provide all licenses required by all -> local, state, and federal agencies. 0. 19. Cessation of Long Term Recovery Group Operations. Upon the natural expiration or early termination of this Lease, the operation of a temporary housing facility shall immediately be ceased and all improvements, equipment, and other personalty of the Lessee, its officers, staff, employees, agents, relief workers, volunteers, and invitees shall immediately be removed from the Premises. Any damage to the Premises which has occurred due to the use contemplated under this Lease shall be immediately repaired and the Premises restored to its original condition, unless the parties agree at the cessation of operations that the Premises need not be repaired or restored due to other benefits installed by Lessee during the Term of this Lease. Should the Lessee determine to cease operation prior to natural termination of this Lease, the Lessee shall give Lessor prior written notice of such intended cessation sixty (60) days before the effective date of the cessation of operation. a, 20. Premises to be Used for Lawful Purposes. It is expressly covenanted between W the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring y property,nor for any purpose or use in violation of the laws of the Untied States, or of the State of Florida, or of the Ordinances of Monroe County, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and 6 Packet Pg. 1799 D.14.h due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 21. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the 0 possession of said property by reason of any defect in the title of said Lessor or said > Lessor's authority to make this Lease, said Lessee shall not be required to pay rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 22. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 4- 23. Rules and Regulations. 0 A. COMPLIANCE. Lessee shall comply with all reasonable rules and regulations with respect to use of the Premises, as the same may be amended from time to time, all additional laws, statutes, ordinances,regulations, and rules of the federal, 0. state, and county governments, and any and all plans and programs developed in E compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal safety laws and -> regulations, and federal, state, and county environmental, hazardous waste and materials and natural resources laws,regulations, and permits. B. VIOLATIONS. Lessee agrees to pay on behalf of the Lessor any penalty, a assessment, or fine, issued against the Lessor, or to defend in the name of the Lessor any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that Lessee, its agents, employees, or invitees have violated any law, ordinance, regulation, rule, or directives described in 23(A) above. 0 24. County's Right of Entry. The Lessor reserves the right hereunder to enter upon the Premises at any reasonable time during normal operating hours for the purpose of inspecting said Premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease. The Lessee hereby agrees to keep the Premises at all times in a clean and sanitary condition, and not to maintain or a, keep upon said Premises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do so. W 25. Leasehold Improvements. The Lessee agrees not to make any alterations to said Premises, without first obtaining written consent of the Lessor to do so. Such y alterations shall be based on plans approved by the Monroe County Administrator and shall be subject to all State and County code provisions governing construction. Lessee shall be responsible for obtaining any permits required by any governmental agency. All site improvements shall be pre-approved by the Monroe County Board of County Commissioners. 26. Responsibility for Property on Leasehold. All property of any kind that may be on the Premises during the term of this Lease shall be at the sole risk of the Lessee. 7 Packet Pg. 1800 • ;D.14.h The Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or person on the Premises. 27. Damage to Leasehold. In the event that the demised Premises, or a major part thereof, are destroyed by fire, storm, or any other casualty, the Lessor at its option may forthwith repair the damage to the Premises and any structures located thereon at its own cost and expense. The rental thereon shall cease until the completion of such repairs. If Lessor exercises its option to repair the Premises, Lessee agrees to assign its right to the insurance proceeds to.the Lessor. > 28. Rights Reserved. Rights not specifically granted to Lessee by this Lease are 0 reserved to the Lessor. 2 29. Indemnification / Hold Harmless. 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 attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the 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 0. within this agreement. E 30. Governing Law, Venue, and Interpretation: This Lease shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this a) Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 0 31. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes y effective. 32. Severability. If any term, covenant, condition, or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, y covenants, conditions, and provisions of this Lease, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8 Packet Pg. 1801 D.14.h 33. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary > procedures required by the circuit court of Monroe County. > 0 34. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 35. Authori . Each party represents and warrants to the other that the execution, delivery and performance of this Lease have been duly authorized by all necessary County and corporate action, as required by law. 0 36. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, LN empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and 0. funding solicitations shall be approved by each parry prior to submission. E 37. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all -> disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to as seek such relief or remedy as may be provided by this Lease or by Florida law. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Lease, Lessor and Lessee agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Lessor and Lessee specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Lease. 39. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a y court of competent jurisdiction that discrimination has occurred, this Lease automatically terminates without any further action on the part of any party, effective W the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL y 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 9 Packet Pg. 1802 abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The,Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County > Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender 0 identity or expression, familial status or age; 11) Any other nondiscrimination 2 provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. 40. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 41. Code of Ethics. Lessor agrees that officers and employees of the Lessor recognize and will be required to comply with the standards of conduct for public officers and 0. employees as delineated in Section 112.313, Florida Statutes, regarding, but not E limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or -> contractual relationship; and disclosure or use of certain information. 0 42. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 43. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or y under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease; and the Lessor W shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. 0 44. Non-Waiver of Immunity. Notwithstanding the provisions of Chapter 768.28, Florida Statutes, the participation of the Lessor and Lessee in this Lease and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 10 Packet Pg. 1803 D.14.h 45. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0 46. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving 0 any participating entity from any obligation or responsibility imposed upon the entity 2 by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. 0 47. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the LN terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, 0. and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, E officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease. c a) 48. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 49. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. 50. Execution in Counterparts. This Lease may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken y together shall constitute one and the same instrument and any of the parties hereto may execute this Lease by signing any such counterpart. W c 51. Section Headings. Section headings have been inserted in this Lease as a matter of convenience of reference only, and it is agreed that such section headings are not a y part of this Lease and will not be used in the interpretation of any provision of this Lease. 52. Cancellation of Agreement. Lessor may cancel this Lease Agreement by giving Lessee sixty (60) days' advanced written notice upon the happening of any of the following events: the appointment of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee of the premises for a period of sixty (60) days. By the end of the sixty (60) days' notice 11 Packet Pg. 1804 • ;D.14.h period, Lessee shall have vacated the premises and the Lessor may immediately re- enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the Lessor's rights under this paragraph, the Lessor shall be entitled to reasonable attorney's fees. 53. Mutual Review. This Lease has been carefully reviewed by Lessee and Lessor; therefore this Lease is not to be construed against either party on the basis of authorship. 0 54. Notices. Any written notice or correspondence given pursuant to this Lease shall be sent by United States Mail, certified,return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: LESSOR: LESSEE: County Administrator Executive Director Monroe County Monroe County Long Term 1100 Simonton Street Recovery Group Room 2-205 P. O. Box 4767 Key West, Florida 33040 Key West, Florida 33041 IN WITNESS WHEREOF, the parties hereto have set their hands and sdlsthe d*andn E year first above written. r- r- r*) rn rn > -.if r F LESSOR: BOARD OF COUNTY COMASSIONI.S 0 N MADOK , CLERK OF MONROE T ,%FLO A gH�On By eputy Clerk Mayor David Rice 0 LESSEE: WITNESSES: MONROE COUNTY LONG TERM RECOVERY GROUP, INC. y By c Steph aple Print Name Print Name Title Chair Print Name MON OE COUNTY ATTORNEYS OFFICE APPROVED,AS TO O M PATRICIA FABLES ASSISTANT COUNTY ATTOf NEY 12 DATE: q- (®I Packet Pg. 1805 c� EXIUBIT "X TO LEASE 0 arcel 1 TRACT no. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key, Florida and now particularly described by metes and bounds as follows: On the island of Big Pine Key, Monroe County, Florida, begin at the center of y Section 26,Township 66 South, Range 29 East; thence run.due Westerly 548.75 feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet; thence run due Southerly 160.0 feet, thence run due Easterly 299.375 feet; thence run due Northerly 160.0 feet to the POINT OF BEGINNING. 0 Parcel Il 0 Easement for the purpose of vehicular and pedestrian ingress and egress as reserved in Special Warranty Deed from Carnival Fruit Company, a Florida corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27, 1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the Public Records of Monroe County, Florida. c c c 13 Packet Pg. 1806 c� 0 EXHIBIT "B" TO LEASE > 0 Insurance Requirements 0 U) 0 0 0. 2 0. 0 0 14 Packet Pg. 1807 D.14.h tots Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN a, MONROE COUNTY,FLORIDA 0 AND ns Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations e • Blanket Contractual Liability • Personal Injury Liability 0 0. The minimum limits acceptable is: S 1,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. 0. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. °3 The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 ns GL3 W c 0 ns Administrative Instruction 7500.7 53 Packet Pg. 1808 D.14.h 2018 Edidon WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN a, MONROE COUNTY, FLORIDA 0 AND y Priorto the commencement of work governed by this contract,the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440,Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: a $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease,policy limits 0. $1,000,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the.contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. 0. 0 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 0 a 0 WC3 Adminlstmil-c tnstmcdon 7500.7 g➢ Packet Pg. 1809 D.14.h 2019 Nation BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN MONROE COUNTY,FLORIDA 0 AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum,liability coverage for: • Owned,Non-Owned,and Hired Vehicles o The minimum limits acceptable is: 0. $1,000,000 Combined Single Limit(CSL) if split limits are provided,the minimum limits acceptable are: 2 $ 500,000 per Person 0. $1,000,000 per Occurrence $ 100,000 Property Damage °3 The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 0 0 VL3 Administrutiw Instruction 7500.7 !R Packet Pg. 1810 D.14.h F018 Cdidan � ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASESIRENTALS OF COUNTY-OWNED PROPERTY > BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Lessee occupying the leased property that is the subject of this agreement,the Lessee will obtain All Risk Property Insurance (to include the perils of Flood and Wind)with limits no less than the Full Replacement Cost Value of the property being leased or rented. Coverage will be maintained throughout the life of the lease and will include,as a minimum,coverage for. Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects 0. Windstorm Smoke Explosion E Civil Commotion Aircraft and Vehicle Damage Flood 2 0. The Monroe County Board of County Commissioners must be named as Loss Payee on all policies issued to satisfy the above requirements. a) 0 0 0 0 ARP Administrative Instruction 7500.7 39 Packet Pg. 1811 D.14.h NON-COLLUSION AFFIDAVIT i, Ili Jt.R,<<a, Lvc1c.4,4 of the city of I� xoo IfttM, Flay i 4o% according to law on my oath, and under penalty of perjury, depose and say that: 1. I am xasAl a DinsAor > of the firm of Rawr. Cou.. ST&rw% Q•a WAX4 QM u a the bidder making the Proposal for the project described in the Request for Qualifications for: 2 ia► Y rye U. Va►c.ou,-�- �� - v o'��ce�r I+n 0 and that I executed the said propo al with full authority to do so: •! 0 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; c 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any 0. competitor; and E 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full c knowledge that Monroe County relies upon the truth of the statements contained in this a idavit in award' g contracts for said project. (Signature of Respondent) ( ate) 0 STATE OF: j 0 COUNTY OF: f ►oo')2ob/ �PERSONALLY APPEARED BEFORE ME, the undersigned authority,I l c-R66Ix e—(X� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this -day of 9P'16dt662 20 Imo. 2, c MG J LINDEBERG NO ARY PUBLIC c Notary Public-State of FloridaMy Comm.Expires Sep 29,2018 FF OF Commission#FF 164055 �III �My Commission Expires: Packet Pg. 1812 D.14.h PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount U provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from 2 the date of being placed on the convicted vendor list." I have read the above and state that neither Weal it. Lu QKY&L COV (Proposer's name) nor any Affiliate has been placed on the convicted vendor list ulithin the last 36 m nths. (Signature) / 0 Date: ��'I m 2 0. STATE OF: COUNTY OF: &02)e Subscribed and sworn to(or f rmed)before me on the day of �61PT-6,qisak 20JL!�—,by LILN,6 -1f L-UCtzjL (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. o 0 My Comm*, "Exes � N TA Y PUBLIC �,00iPaYP�e�;., G J LINDEBER]2018 Notary Public-State o My Comm.Expires SepF F�gP Commission#FF 1 0 Packet Pg. 1813 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Y V '� kr ovtt crrevfp Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of y maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 0. 0 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is _ so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. r Respondent's Signature Dal W c c o�" G J LINDEBERG N ?_ $"' Notary Public-State of Florida NOdAYVPL N roe;My Comm.Expires Sep 29,2018 '9iFOF f��p` Commission#FF 164055 1111111. — My Commission Expires: 0 E Packet Pg. 1814 D.14.h Exh 'ib 'lt 0 c 0 U) :5 0 0. m 2 0. 0 0 0 c Packet Pg. 1815 D.14.h �r%,"A" wall MONROE UNTO" Long TerM Recovery ( roup May 1, 2020 s.Juanita Jones,AIP, IP P y Perusing Recovery Administrator Monroe County Government Marathon Government Center 2798 Overseas Highway, 2"a FL Marathon, FL 33050 0 Bear Ms.Jones, 0. m As we have discussed,the Monroe County Long Terra Recovery Group (LTRG) in accordance with Sections 2, and 3. of the existing Land Lease Agreement makes this written request for Monroe County approval of a renewal of the existing lease through February 20, 2023. The LTRG is seeking to 0 have another qualified entity,the Florida Keys Hurricane Recovery Foundation, assume this lease as of m June 1, 2020. The LTRG currently meets all current insurance required by the operative Land Lease Agreement and m 0 have been assured that the new Lessee (Florida Keys Hurricane Recovery Foundation) who will be 0 0 assuming the existing Land Lease Agreement's terms, duties, and obligations, has secured the necessary 0 policies needed. The LTRG will be dropping its policy for this property as of June 1, 2020_ m Lastly, the Monroe County Long Terra Recovery Group would also request a transfer of the temporary housing authority for relief workers to be granted for the Florida Keys Hurricane Recovery Foundation so m that it can continue the Hurricane Irma relief work being supported by the Volunteer Village. 0 Should you have any additional questions, please let me know. 0 Kind regards, 0 0 Michelle Luckett Executive Director m Monroe County Long Term Recovery Group 0 Packet Pg. 1816 D.14.h Exholbolt 0 c 0 U) :5 0 0. m 2 0. 0 0 0 c 0 Packet Pg. 1817 D.14.h AMENDMENT TO LAND LEASE AGREEMENT THIS AMENDMENT TO LAND LEASE AGREEMENT, dated this 1'�' day of 17?,a 2020,by and between MONROE COUNTY, apolitical subdivision of the State of Flor da (hereinafter referred to as "LESSOR") and FLORIDA KEYS HURRICANE > RECOVERY FOUNDATION INC., a Florida not-for-profit corporation("FKHRF"): LN 0 WITNESSETH: WHEREAS, Lessor MONROE COUNTY and former Lessee MONROE COUNTY LONG TERM RECOVERY GROUP, INC. (hereinafter "Former Lessee"), a not-far-profit corporation of the State of Florida,entered into a two-year Land Lease Agreement(hereinafter the "lease") on or about the 15'' day of August 2018, said lease of which is attached hereto and of which is hereby incorporated as if fully stated herein, for property more particularly described therein; and WHEREAS, Section 2. of said lease provides that Lessor may grant additional renewal term(s)(hereinafter"Extension Period"),conditioned upon satisfactory compliance with the terms of the lease as a prerequisite to exercising any such option to renew, and that the Former Lessee E may submit such request in writing to. the Lessor, under the same terms and conditions, for an additional term of not more than one(1)year for each renewal; and 0. WHEREAS, Former Lessee has requested for Lessor to approve an amendment to the instant lease W. releasing the Former Lessee MONROE COUNTY LONG TERM RECOVERY o, GROUP, INC. from this lease and approving authorization for FLORIDA KEYS HURRICANE RECOVERY FOUNDATION INC. to assume its status as the operative Lessee under the instant lease,and JR.)extending the instant lease's tern to up to and including February 20t',2023; and WHEREAS, subject to and upon the condition of Lessor's approval of a duly authorized Monroe County Board of County Commissioners-issued Resolution WA.)approving the release of the Former Lessee from this lease and approving authorization for FLORIDA KEYS HURRICANE RECOVERY FOUNDATION INC. to assume the status of the operative Lessee under this lease, (PJ—approving an extension of this lease's term to up to and including February 20`h 2023, and(Q FKHRF's satisfactory assumption and fulfillment, as determined by the LC L Monroe County Risk Management Office and(C2.1 by the Monroe County Attorney's Office, of all insurance requirements required under this Lease, the Lessor and FKHRF desire to enter into a, this Amendment to Land Lease Agreement; NOW,THEREFORE,in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,the undersigned parties agree as follows: y i. The recitals contained herein are true and correct and incorporated herein as if fully stated herein. 2. The original Land Lease Agreement between the parties is attached to this Packet Pg. 1818 D.14.h Amendment and made a part of it. 3. Section 12.(F.)'s annual report requirement to be provided by Lessee, and all other similar annual reports of Lessee called for under the lease, shall be annually provided each September. 4. The original Land Lease Agreement is hereby amended as follows: I. Section 0.5 is hereby added to said Lease,and shall read as follows: 0.5 Substitution of Party as Lessee and Assumption of All Duties and Obligations by New y Lessee. Lessor Monroe County having released the Monroe County Long Term Recovery Group, Inc., from its original status as the initial Lessee under this Lease, and having approved Florida10 Keys Hurricane Recovery Group Inc. as the new operative Lessee under this Lease, the undersigned parties mutually agree that any and all references in any and all provisions, duties, requirements, or obligations herein (i.e., under.the operative lease) which previously applied to initial Lessee Monroe County Long Term Recovery Group, Inc., is hereby understood as being applicable to and shall hereafter apply to Florida Keys Hurricane Recovery Group Inc. 0. H. Section 2. is hereby revised to read as follows: 2. Term and Effective Date. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in full force and effect for a term to up to and including February 20th, 2023. 0. 0 M. Section 16.5 is hereby added to said Lease,and shall read as follows: 16.5. No Successors or Assigns. FKHRF shall not assign or sublease its obligations under this Lease, except in writing and with the prior express written approval of the County and consistent with this Lease, which approval shall be subject to such conditions and provisions as the County may deem necessary. This provision governs and prevails over any other provision addressing the issue of successors,assigns,or the like;under no circumstance,except in writing and with the prior express written approval of the County and consistent with this Lease, may FKHRF assign or sublease its duties or obligations under this Lease. IV. Section 42.5 is hereby added to said Lease,and shall as follows: E 42.5. Disclosure,Conflict of Interest,and Code of Ethics. (AIFKHRF represents that it, its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Lease, as provided in Section 112.311, et. seq.,Florida Statutes. a (B�Upon execution of this Lease, and thereafter as changes may require,FKHRF shall notify the County of any financial interest it may have in any and all contracts/agreements with Monroe County. 2of9 Packet Pg. 1819 D.14.h The County and FKHRF agree that all of their officers, employees,representatives and/or agents recognize and will be required to comply with the standards of conduct enumerated under Chapter 112,Florida Statutes, and enumerated under the Monroe County Code regarding,but not Iimited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation;misuse of public position, conflicting employment or contractual relationship;and disclosure or use of certain information. > 0 c V. Section 43.5 is hereby added to said Lease, and shall read as follows: , 43.5. Access - Public Records. FLORIDA KEYS HURRICANE RECOVERY FOUNDATION y INC. (hereinafter referred to as the same,"FKHRF", or"CONTRACTOR") shall comply with all 0 public records and records retention requirements mandated by Section 24,Article I,of the Florida Constitution,and Chapter 119,Florida Statutes,and shall maintain and keep all books,documents, and records directly pertinent to performance under this Lease as are necessary to document its performance under this Lease. FKHRF shall retain all records related to this Lease in conformity with Chapter 119,Florida Statutes, and in conformity with the Florida General Records Schedule GS1-SL, whichever is greater. The County shall have the right to unilaterally cancel this Land Lease upon violation of this provision by FKHRF.Failure of FKHRF to abide by the terms of this E provision shall be deemed a material breach of this Lease. This Section and all portion(s)thereof shall survive any termination or expiration of this Lease. The County and its authorized representatives shall have reasonable and timely access to such records during the term of this Lease and for four years following the termination of this Lease. o FKHRF must comply with all Florida public records laws, including but not limited to Chapter 119,Florida Statutes and Section 24,Article I,of the Florida Constitution.The County and FKHRF shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and FKHRF in conjunction with and in connection with this FKHRF and related to performance under it. The County shall have the right to unilaterally cancel this Lease upon violation of this provision by FKHRF. Failure of FKHRF to abide by the terms of this provision shall be deemed a material breach of this Lease. This Section and all portion(s) thereof shall survive any termination or expiration of this Lease. This Section,neither in whole nor in part,may be construed to forfeit or waive application of the Florida Public Records Act's provisions pertaining to confidential exemptions or exemptions from disclosure or release, or application of state or federal privacy laws, rules or regulations, or application of the attorney work product doctrine and/or privilege, attorney-client privilege, or application of other related or similar doctrines or privileges. W FKHRF is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and y conditions of this Lease, the FKHRF is required to: (1) Keep and maintain public records that would be required by the County to perform this Lease. c 3 of 9 Packet Pg. 1820 D.14.h (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the operative Lease term and following completion of the Lease if FKHRF does not transfer its records related to this Lease over to the County. (4) Upon completion of this Lease,transfer, at no cost, to the County all public records in possession of FKHRF or keep and maintain public records that would be required by the County to perform this Lease.NFKHRF transfers all public records to the County upon completion of this Lease,then FKHRF shall destroy any duplicate public records that are exempt or confidential and v exempt from public records disclosure requirements. If FKHRF keeps and maintains public records upon completion of this Lease, then. FKHRF shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records,in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to this agreement must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify FKHRF of the request,and FKHRF must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If FKHRF does not comply with the County's request for records, the County shall in its discretion enforce this agreement's maintenance of records and/or public access and public 0. compliance provisions, notwithstanding its (i.e., the County's) option and right to unilaterally a) cancel this Lease upon violation of said provision(s)by FKHRF.A CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. FKHRF shall not transfer custody,release,alter,destroy or otherwise dispose of any public 0 records unless or otherwise provided in this provision or as otherwise provided by law. 0 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIT N BRADLEY AT PHONE# 305-292-3470 BRADLEY- E BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408,KEY WEST,FL 33040. VI. Section 55 is hereby added to said Lease, and shall read as follows: 0 55.Financial Responsibility.FKHRF shall not pledge the County's credit or snake it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. a FKHRF further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Lease. VII. Section 56 is hereby added to said Lease, and shall read as follows: 4 of 9 Packet Pg. 1821 D.14.h 56.Miscellaneous. FKHRF warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in this Lease. The County and FKHRF agree that if a dispute arises between them that neither shall be required to enter into arbitration proceedings in connection with this Lease.FKHRF shall furthermore comply with and conform to all of the following requirements: 0 A. Public Entities Crimes/Convicted Vendor.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public y building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor,supplier, subcontractor, or CD consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 0 By signing this Lease, FKHRF represents that the execution of this Lease will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Lease and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. 0. 0 In addition to the foregoing, FKHRF further represents that there has been no determination, based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether-FKHRF has been placed on the convicted vendor list. CONTRACTOR will/shall promptly notify the COUNTY if it or any sub-entity(e.g., subconsultant,sub-lessee,assignee,subcontractor,etc.)is formally charged with an act defined as a"public entity crime" or has been placed on the convicted vendor list. B. Employees Subject to County Ordinance Nos. at0-1990 and 020-�990. FKHRF warrants that it has not employed,retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010= W 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020- 1990.For breach or violation of this provision the County may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from this Lease or purchase price, or otherwise recover the full amount of any fee,commission, percentage, gift,or consideration paid to the former County officer or employee. C. Federal Contract Requirements. FKHRF and all of its officers, agents or representatives must follow the provisions as set forth in Appendix II to Part 200,as 5 of 9 Packet Pg. 1822 D.14.h amended, including but not limited to: 1. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60,all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause > provided under 41 CFR 60-1.4(b). 0 2. Davis-Bacon Act,as Amended (40„U.S_C. 3141-3148). When required by Federal c program legislation,all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 y CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The County must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback"Act(40 U.S.C. 3145),as supplemented by Department of Labor regulations(29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means,any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. 3. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708). Where applicable, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704,as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay W for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions y which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 4. Rip-hts to Inventions Made Under a Contract or Agreement. If the Federal 6 of 9 Packet Pg. 1823 D.14.h award meets the definition of"funding agreement"under 37 CFR§401.2 (a)and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 > CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small LN Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 5. Debarment and Susnension (Executive Orders 12549 and 12689).A contract v, award(see 2 CFR 180.220)must not be made to parties listed on the government-- wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Camp.,p. 189)and 12689(3 CFR part 1989 Comp.,p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies,as well as parties declared ineligible finder statutory or regulatory authority other than Executive Order 12549. 6. Byrd Anti-Lobb in Amendment 31 U.S.C. 1352 . Contractors that apply or bid for an award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee o, of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7. Procurement of recovered materials as set forth in 2 CFR§200.322. 8. Americans with Disabilities Act of 1990,(ADA).FKFW will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder, and the assurance by FKHRF pursuant thereto. 9. Disadvant ed Business Enterprise BE Policy and Obligation It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, W shall have the opportunity to participate in the performance of agreements financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations may apply to this y agreement. The County and any pertinent contractor, if any, agrees to ensure that DBE's have the opportunity to participate in the performance of this Lease. In this regard,all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County 7 of 9 Packet Pg. 1824 D.14.h and the pertinent contractor,if any,and subcontractors, if any, shall not discriminate on the basis of race, color,national origin or sex in the award and performance of contracts,entered pursuant to this Lease. 10.NRCS Regulations.NRCS administers the EWP program through the following authorities: c • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978,Public Law 95- 0 334; and 2 • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR y 624. 12.Attestation and Truth in Negotiation.FK- F agrees to execute such documents as CD County may reasonably require,including a Public Entity Crane Statement,an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Lease by FKFW shall act as the execution of a truth in negotiation certificate stating that any relevant wage rates and other factual unit costs supporting the compensation are accurate, complete,and current at the time of the instant agreement. The original agreement(i.e., contract)price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs.All such adjustments must be made within one year following the end of the agreement. 4. All of the other terms, covenants, conditions, and provisions of the Lease, as 0. previously approved,except those expressly modified and rendered inconsistent by this Amendment,remain in full force and effect and binding upon the parties. 5. Each party agrees that they have authority to sign this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to enter into this Amendment on behalf of such party and to fully bind such party to the terms and obligations of this Amendment. 0 6. This Amendment is binding on the successors and assigns of the parties. 7. The legal effectiveness of this Amendment is contingent upon FK IRF's successful assumption and satisfaction of all insurance requirements required under this Lease. The determination of whether those requirements have been sufficiently satisfied shall be rendered by the Monroe County Risk Management Office in conjunction with the Monroe County Attorney's Office. IN WIT�WHEREOF, the undersigned executed this Amendment to Land Lease Agreement this day of 2020. THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK e 8 of 9 Packet Pg. 1825 D.14.h c� LESSOR: MONROE COUNTY BOARD OF > COUNTY COMMISSIONERS (SEAL) LLN ATTEST: KEVIN MADOK, CLERK By: By: Mayor Heather Carruthers As Deputy Clerk oNROE COUNTY ATTORNEY � 2 �LD'.ZjQfORII LESSEE: WITNESSES AS TO LESSEE: c FLORIDA KEYS HURRICANE RECOVERY FOUNDATION INC., Signed,sealed and delivered 0. a Fldrida limited liability company, E -� > By: ,, = Peas l'�-fi (Print and ign Name) Witness Na. 1 a to Lessee(Pr Vt and Sign e Name)Sir sa4 /17, Ld d Date: JAY eV " 2 Q 2 Q Date: � Witness No. 2 as to Lessee rint and Sign e Name) ` 1-- 61> uI.S' ` - f Date: STATE OF FLORIDA COUNTY OF MONROE BE IT KNOWN,,the foregoing instrument was acknowledged and attested before me on _ this el--m� day of_ 2020,by_ �� le s� who is personally known to me a as produced as i en t cation,and did take an oath. �isa. 1J 0 [Seal] r2 r a' 7HOMAS D.WRIGHT E Notary Public State of Fl]Assn. ya Commission=GG 3216 NOTARY PUBLIC ' o�°P` My Comm.Expires Jul 6, Banded through National Notary 9 of 9 Packet Pg. 1826 D.14.h J �� BOARD OF COUNTY COMMISSIONERS County of Monroe it f '�� Mayor David Rice,District 4 IleFl OI1da Keys �] Mayor Pro Tem Sylvia J.Murphy,District 5 Danny L.Kolhage,District 1 °µ� g g George Neu gent,District 2 Heather Carruthers,District 3 County Commission Meeting August 15, 2018 > LN Agenda Item Number: D.6 Agenda Item Summary #4503 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery 0 TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington NA 0 AGENDA ITEM WORDING: Approval of a Two (2) Year Lease Agreement at a rate of $10.00 per term with the Monroe County Long Term Recovery Group to allow use of the County owned 0 vacant lot at 30320 Overseas Highway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary housing for disaster relief workers coordinated by LTRG. ITEM BACKGROUND: Since the devastating impacts of Hurricane Irma, which made landfall in 2 the Florida Keys on September 10, 2017, a range of non-profit and faith-based organizations have 0 provided their resources and services to support post disaster recovery. Now, as we enter the long- a term redevelopment phase of the disaster, continued support from these organizations is needed to rebuild the lives and homes of the disaster survivors. The Monroe County Long Term Recovery Group (LTRG) formed in 2018 to effectively communicate unmet needs, maximize the coordination of non-profit and philanthropic resources, and avoid a duplication of efforts among all member organizations. Due to the severe shortage of workforce housing in Monroe County, nonprofit and 0 faith-based organizations are unable to house relief workers. The LTRG, therefore, approached the County to seek assistance in identifying temporary housing for relief workers coordinated by their organization. The above site has been identified as a suitable location because it is located in close proximity to the most severely impacted region and is located directly behind the Salvation Army's Recovery Center. This location is targeted to become a multi-organizational disaster recovery hub. E The Lease is for an initial two (2) year term, beginning August 15, 2018, and terminating on August 14, 2020, at a rate of$10.00 per term, with two (2) additional one (1)year renewal terms. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners (BOCC) expressed overwhelming support for this lease agreement to house relief workers at the BOCC meeting on July 18, 2018. The Commission urged 0 staff to expedite all actions supporting this project in order to ensure accommodations for disaster relief workers. CONTRACT/AGREEMENT CHANGES: New two year lease agreement Packet Pg. 1827 D.14.h STAFF RECOMMENDATION: Approval DOCUMENTATION: EXECUTED Land Lease Agreement- LTRG (revised final - legal stamped) Graphic 30320 BPK property on US-1 (002) > Graphic Property Layout 30320 BPK property on US-1 (002) easement document 0 Special Warranty Deed 2 FINANCIAL IMPACT: y Effective Date: August 15, 2018 0 Expiration Date: August 14, 2020 Total Dollar Value of Contract: $20.00 c Total Cost to County: 0 Current Year Portion: 0 Budgeted: NA Source of Funds: NA CPI: NA :2 Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: YES If yes, amount: $20.00 Grant: NA County Match: NA Insurance Required: Yes 0 Additional Details: The initial lease will be executed for a two (2)year term with an annual renewal option for an additional two years. NA REVIEWED BY: y Helene Wetherington Completed 07/26/2018 4:36 PM Assistant County Administrator Christine Hurley Completed 07/26/2018 4:48 PM Patricia Eables Completed 07/29/2018 4:42 PM Kevin Wilson Completed 07/30/2018 9:45 AM Budget and Finance Completed 07/30/2018 12:47 PM Maria Slavik Completed 07/30/2018 1:02 PM Kathy Peters Completed 07/30/2018 3:14 PM E Board of County Commissioners Pending 08/15/2018 9:00 AM Packet Pg. 1828 Kevin Madok, cPA t .o � Clerk of the Circuit Court& Comptroller—Monroe County, Florida ;o�.... c� DATE: September 21, 2018 > TO: Helene Wetherington, Director Local Disaster Recovery Department FROM: Pamela HancoC. SUBJECT: August 15n'BOCC Meeting Attached is an electronic copy of Item D6, Resolution No. 218-2018 pursuant to F.S. 125.38 approving a two Year Lease Agreement at a rate of$10.00 per term witli die Monroe o County Long Term Recovery Group (LTRG) to allow use of die County owned vacant lot at 30320 Overseas Higliway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary liousing for disaster relief workers coordinated by LTRG, for your liandling. 0. A certified copy has been mailed to Steplianie Kaple as directed in Section 3 of the subject Resolution. o 2 0. Please note that die required insurance must be provided prior to commencement of work o governed by die contract(Page 2 of die Contract#6). Should you have any questions, please feel free to contact me at extension 3130. 0 0 cc: S.Kaple MCLTRG County Attorney Finance File 0 0 KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-85 Packet Pg. 1829 D.14.h RESOLUTION NO. 218- 2018 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A TWO (2) YEAR LAND LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE MONROE COUNTY LONG TERM RECOVERY GROUP, INC. ("LTRG"), A NOT FOR PROFIT ORGANIZATION, TO LEASE VACANT COUNTY- > OWNED LAND, LOCATED AT 30320 OVERSEAS HIGHWAY, BIG PINE KEY, FLORIDA TO PROVIDE TEMPORARY 0 HOUSING FOR DISASTER RELIEF WORKERS ASSIGNED TO ASSIST WITH RECOVERING FROM HURRICANE IRMA; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.38,Florida Statutes, authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by CD the County or its board of county commissioners that is not needed for other County purposes, to apply to the board of county commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is not needed for other purposes, the Count may, b duly adopted resolution of the Board lease the property to P P Y Y� Y Y P P P Y c the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the value of 0. the property, with no advertisement required; and m WHEREAS, pursuant to the F.S. 125.38, the adopted resolution must recite the fact that an application has been made, the purpose for which the leased property is to be used, the rent and 0. terms of the lease; and a) WHEREAS, in February 2018, the Monroe County Long Term Recovery Group, Inc. ("LTRG") was formed to provide coordinated long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma which made landfall in the Florida Keys on September 10, 2017; and 0 WHEREAS, the LTRG is made up of non-profit organizations who have access and are able to receive grants from available Federal and State programs to assist the citizens of Monroe County, Florida, in their long term disaster recovery and rebuilding efforts in a coordinated manner; and WHEREAS, due to the severe shortage of workforce housing throughout Monroe County, and without a centralized location, the LTRG have been limited in their efforts because they have been unable to provide the temporary housing needed for disaster relief workers that otherwise may be available from many not for profit and faith-based organizations across the country; and W WHEREAS, the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, is owned by the County and is not needed for other County purposes at this time; and WHEREAS, on July 18, 2018, the LTRG delivered a detailed presentation to the Board outlining their current efforts and desired goals to more effectively deliver critically needed long term disaster recovery services to the citizens of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma and requested the County lease the vacant land located at 30320 Overseas Highway, Big Pine Key, Florida, to LTRG to provide the temporary housing needed for long term disaster relief workers and provide a centralized location; and Page 1 of 2 Packet Pg. 1830 WHEREAS, it is the desire of the Board to lease the County-owned property located at 30320 Overseas Highway, Big Pine Key, Florida, which is not currently needed for other County purposes, to LTRG to provide the temporary housing for disaster relief workers to deliver long term disaster recovery services to citizens of Monroe County, Florida, who are still recovering from the devastating impacts of Hurricane Irma; and WHEREAS, the Land Lease Agreement, attached hereto and made a part of this Resolution as "Exhibit A", leases the property located at 30320 Overseas Highway, Big Pine LN Ke Florida to LTRG for period of two 2 ears at the rate of ten dollars $10 per term, plus > Y� P ( ) Y ( ) P applicable sales tax, commencing August 15, 2018, and terminating on August 14, 2020, with an option to renew for two (2) additional one-year terms; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY y COMMISSIONERS OF MONROE COUNTY, FLORIDA: 0 Section 1. The Board hereby adopts the foregoing as findings of fact. Section 2. The Board approves the Laird Lease Agreement between the Board of County Commissioners of Monroe County, Florida, and the Monroe County Long Term Recovery Group, Inc., attached hereto and made a part of this Resolution as "Exhibit A", to provide temporary housing for long term disaster recovery services to citizens 0. of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma. Section 3. The Board hereby directs the Clerk to transmit a certified copy of this resolution to 0. Stephanie Kaple, Chair, Monroe County Long Term Recovery Group, Inc., P. O. Box 4767, Key West, Florida 33041. °3 Section 4. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Mo"oe County, Florida at a regular meeting held on the 15th day of August, 2018. C).c ► q r-- Q Mayor David Rice Yes M_`M Mayor Pro Tem Sylvia Murphy Yes Ef9 Commissioner Danny Kolhage Yes Z.Commissioner George Neugent Yes x � Commissioner Heather Carruthers Yes BOARD OF COUNTY COMMISSIONERS e IN MADOK, CLERK OF MONROE OUN �i', FLORIDA W By: u YN� �- By: Deputy Clerk Mayor David Rice y MONROE COUNTY ATTORNEY'S OFFICE PAPpROVE�D E� PATRICIA EABLES ASSISTANT COU TY_ATT RNEY DATE: Page 2 of 2 Packet Pg. 1831 LAND LEASE AGREEMENT MONROE COUNTY LONG TERM RECOVERY GROUP,INC. THIS LEASE AGREEMENT is made and entered into this August 15, 2018, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 ("Lessor"), and MONROE COUNTY LONG 0 U TERM RECOVERY GROUP, INC., a non-profit corporation of the State of Florida, whose 2 principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" / "Long Term y Recovery Group"). 0 WHEREAS, Monroe County in 2004 purchased and now owns the property located at c 30320 Overseas Highway, Big Pine Key, Florida("Premises"); and LN 0 WHEREAS, the Lessee desires to use the Premises for its primary purpose of providing 0. recovery services to individuals and families affected by disasters in the Florida Keys Community; and WHEREAS, the Lessor has determined that the availability of affordable housing for 0. persons in the work force is critically low in Monroe County; and c 0 WHEREAS, Lessee's mission includes providing temporary housing facilities for relief workers coordinated by the Long Term Recovery Group providing services to the Florida Keys community after a disaster; and WHEREAS, the parties recognize that a primary purpose of the County acquiring the c Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster operations; and WHEREAS, the County finds that the best interests of the citizens of the Florida Keys are served by the placement of temporary housing facilities, including but not limited to, recreational vehicles,modular units, trailers, fold out shelters, and site built structures, to be used as sheltering units for the relief workers at the Premises; and y WHEREAS, the parties desire to enter into this Land Lease Agreement("Lease") for the W Premises for the purposes as set forth herein; and NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below,the parties agree as follows: 1. Premises. The Lessor does hereby lease to Lessee and Lessee leases from the Lessor, the undeveloped land only at 30320 Overseas Highway, Big Pine Key, Florida, 33043 ("Exhibit A"), a copy of which is attached hereto and made a part hereof. This Lease is subject to that certain Easement as set forth in a Special 1 Packet Pg. 1832 = Warranty Deed dated August 27, 1990, and recorded in Official Records Book 1142, at Page 1544 of the Public Records of Monroe County, Florida, as indicated on Exhibit"A"to this Lease. 2. Term and Effective Date. Subject to and upon the terms and conditions set forth herein, this Lease shall continue in full force and effect for a term of two (2) years commencing as of August 15, 2018, and terminating on August 14, 2020. Lessee shall have an option, at Lessor's discretion, to renew for two additional one- year terms as set forth in paragraph 3 herein. > 3. Extension Period. Lessee may be granted two (2) additional one (1) year renewal terms, conditioned upon satisfactory compliance with the terms of this Lease as a prerequisite to exercising any option to renew. Lessee may, at least sixty (60) days prior to the expiration of this Lease, request in writing, that Lessor renew the Lease, under the same terms and conditions, for an additional Term of not more than one(1)year for each renewal("Extension Period"). CD 4. Rent. Lessee shall pay the Lessor the sum of Ten Dollars ($10.00) per Term, plus applicable sales tax, due on the first day of each Term, including any extension periods, payable in advance and remitted to Monroe County Clerk's Office, 500 LN Whitehead Street,Key West,Florida 33040. 0 0. 5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any E sales or use tax, levied by any governmental agency with respect to the Lessee's operations on the Premises. -� 6. Insurance. Prior to commencement of work governed by this contract(including the pre-staging of any personnel and temporary housing facilities), Lessee shall obtain, at Lessee's own expense, insurance as specified in Exhibit "B" attached hereto and made a part hereof. Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance, either (1) a Certificate of Insurance or, (2) a Certified copy of the actual insurance policy. The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Lease. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the Lessor by the insurer. The acceptance and/or approval of Lessee's insurance shall not be construed as relieving Lessee from any liability or obligation assumed under this contract or W imposed by law. The Monroe County Board of County Commissioners, its employees and officials shall be included as "Additional Insured" on all policies, except for Worker's Compensation. The All Risk Property Insurance, as shown in Exhibit`B" attached hereto,will not be required until some type of temporary housing facilities or structures are actually placed on the Premises, if a Waiver of Insurance form is properly submitted and approved by the Monroe County Risk Administrator. The All Risk Property 2 Packet Pg. 1833 D.14.h Insurance must be in place, however, prior to any type of structure being delivered to the Premises. If the insurance policies originally purchased which meet the requirements of this Lease are cancelled, terminated, or reduced in coverage, then the Lessee shall immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department whenever acquired, amended, and annually during the term of this Lease. 7. Utilities. Lessee shall be responsible for paying any and all costs of utilities, including any development fees, connection fees and/or lines associated with connection to any of the utility services, and monthly utility fees, such as water, electric, sewer, solid waste, telephone, or cable. If any additional infrastructure is required for any such utilities, Lessee shall be responsible for payment of all costs or fees associated thereto. 0 8. Mechanic's Liens. The Lessee shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Lessee or its officer, employee, agent, contractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Fla. Stat., the liens authorized in Ch. 713, Fla. Stat. does 0. not apply to the Lessor. E 9. Records—Access and Audits. The Lessee shall maintain all books, records, and -� documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied and maintain such records for a period of four (4) years after termination of this Lease. The Lessor, its as officers, employees, agents, and contractors shall have access to the Lessee's books, records, and documents related to this Lease upon request. The access to the inspection of such books, records, and documents by the Lessor shall occur at any reasonable time. 0 10. Relationship of Parties. The Lessee is, and shall be an independent contractor and not an agent or servant of the Lessor. The Lessee shall exercise control, direction, and supervision over the means and manner that its personnel, relief workers, and volunteers perform the work for which purpose this lease is entered. The Lessee shall have no authority whatsoever to act on behalf and /or as agent for the Lessor in any promise, lease, or representation other than specifically provided for in this Lease. The Lessor shall at no time be legally responsible for any y negligence on the part of the Lessee, its employees, agents, relief workers, or volunteers resulting in either bodily or personal injury or property damage to any W individual,property,or corporation. 11. Termination. This Lease may be terminated at the discretion of the Lessor in the y following circumstances: A. Lessee fails to pay the rent when due; B. Lessee fails to obtain the insurance required under this Lease or allows the required insurance coverage to lapse or fall below the minimum required; C. Lessee otherwise breaches the terms of this Lease. D. Lessor may terminate this Lease upon giving sixty (60) days' prior written notice to the Lessee. 3 Packet Pg. 1834 D.14.h Unless the Lessor has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this Lease. In the case of default/breach, the County Administrator or his designee shall first give Lessee a written notification stating the default/breach and that Lessee has seven (7) days to correct the default/breach. If the Lessee has not corrected the default/breach at the end of the seven (7) days, then the Lessor may terminate the Lease in its discretion. If it shall be necessary to employ the services of an attorney in order to > enforce its rights under this Lease, the Lessor shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the Lessor 0 to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 12. Use and Conditions. 0 A. The Premises shall be used solely for the purposes of conducting the Lessee's activities related to providing recovery services to individuals and families affected by disasters in the Florida Keys, including the provision of affordable housing for relief workers coordinated by the Long Term Recovery Group, who may be providing services for Lessee. LN B. Lessee may use exterior utility connections such as water, electricity, and any other utilities currently located on the Premises. Lessee shall be responsible for the cost of such utilities as set forth in paragraph 7 of this Lease. C. Lessee may place only temporary housing facilities to be used as sheltering units, on the Premises that are in compliance with all rules and regulations of Monroe County, including but not limited to, recreational vehicles, modular units, trailers, 0. fold out shelters, and site built structures, on an as needed basis. Lessee will o 0 advise Lessor when such placement or removal will occur. °3 D. Lessee will further use and occupy the Premises in a careful and proper manner, and not commit any waste thereon. The Lessee shall not cause, or allow to be caused, any nuisance or objectionable activity of any nature on the Premises. Any activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any state or federal laws or regulations or as those terms are understood in common usage, shall strictly comply with all federal, state, and local laws. Lessee shall not use or occupy the Premises for any unlawful purpose and will,at the Lessee's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations, requirements, and orders of governmental authorities or agencies respecting the use and occupation of the Premises. E. Lessee shall be solely responsible for operating and maintaining the Premises, y including all utilities, security, enforcement of rules and regulations, programs, transportation, and any and all other aspects of operations. W F. During the Term of this Lease, Lessee shall annually provide Lessor with a Summary of Activities Report which details actions taken to support recovery in Monroe County. A statistical analysis should be incorporated which details number of families served, number of relief worker hours contributed, and a resources distributed. G. If the Premises are used for any other purpose, without the Lessor Administrator's prior written consent, the Lessor shall have the option of immediately terminating this Lease. The Lessee shall not permit any use of the Premises in any manner that would obstruct or interfere with any Lessor functions and duties. Further, the Lessee shall not sublease any space or antenna use to any other entity. H. The Lessee acknowledges-that the Premises contain soil contamination. The Lessee accepts the property in its "AS-IS" condition. The Lessee does hereby 4 Packet Pg. 1835 D.14.h accept the leased Premises as now being in fit and tenantable condition for all purposes of the Lessee. I. No structure or improvements of any kind, whether temporary or permanent, shall be placed upon the land without prior approval in writing by the Monroe County Administrator. J. Lessee shall preform, at its sole expense, all work required in the preparation of the Premises hereby used for occupancy by the Lessee, except as otherwise provided in this Lease. K. Lessor reserves the right to inspect the leased area and to require whatever c adjustment to structures or improvements that Lessor, in its sole discretion, deems necessary. Any adjustments shall be done at the Lessee's sole cost and expense. L. Signage of any type shall comply with the County's sign regulations. M. At any time that the Premises are needed by the Lessor for pre-disaster and/or post-disaster staging operations, Lessee shall accommodate Lessor to the fullest degree possible. This shall include, when necessary, but not limited to, cessation of the Long Term Recovery Group's activities and purposes, as fully as possible to accommodate storage of materials by Lessor, and the like. 13. Lessee Covenants. Lessee covenants and agrees as follows: A. Lessee will vacate the structures and the Premises on or before August 14, 2020, unless it exercises its option to renew this Lease. B. To maintain the grounds of the Premises including but not limited to; mowing, E weeding,trimming of plants and trees, and trash removal. C. Lessee will limit access to the Premises to staff, employees, registered relief workers,volunteers, or any others authorized by a staff member of the Lessee. D. Lessee may allow limited access by the public for the purpose of processing the c donation of an approved temporary housing facility/structure. Any member of the a public making such a donation will be accompanied on the Premises by a staff member of the Lessee. E. Lessee will provide restroom facilities on the Premises for the use of the staff, employees, registered relief workers, volunteers, and any others authorized by a staff member of the Lessee. F. Lessee shall maintain any and all appropriate Federal, State, County, or City occupational license during the period of this lease. G. Lessee agrees to keep the leased Premises in a safe, clean, and well-maintained order at no expense to the Lessor. This provision is to be monitored by the Director of Facilities or his representative. H. Lessee agrees to operate its business in a business like manner. 14. Lessor Covenants. In connection with the above demised Premises, the Lessor covenants with the Lessee that conditioned upon Lessee's performance and W observance of Lessee's covenants herein, Lessee shall have quiet enjoyment and peaceable possession of the Premises during the term of this Lease. In the event the Monroe County BOCC elects to maintain and/or use the Premises in any manner in y the vicinity of the leasehold herein, either by necessity, or by choice, such activity will not be considered as a breach of any covenant of this Lease. Lessor further covenants and agrees as follows: A. Monroe County Director of Facilities, or his representative, will secure the Premises on August 15, 2020, unless the Lessee exercises any extension period pursuant to the terms of this Lease. 5 Packet Pg. 1836 D.14.h B. Lessor shall provide to Lessee access to the secured Premises for the purpose of evaluating the condition and status of any existing utility services for the repair or replacement of the existing utilities by the Lessee. 15. Maintenance and Condition of the Premises. During the term of this Lease, Lessee is responsible for all maintenance and repairs, including major repairs. Lessee must keep the Premises in good order and condition. Lessee must promptly repair damage to the Premises. At the end of the term of this Lease, the Lessee must surrender the Premises to the Lessor in the same good order and condition as the > Premises were on the commencement of the term, normal wear and tear excepted. The Lessee shall not commit waste on the Premises, nor maintain or permit a 0 nuisance on the Premises. After termination or expiration of this Lease, the Lessee shall pay the Lessor the cost of any repairs and clean-up necessary to restore the Premises to its condition at the commencement of the Lease. 16. Assignment. Lessee may not assign this Lease or assign or subcontract any of its obligations under this Lease without the prior written approval of the Monroe County BOCC. All the obligations of this Lease will extend to and bind the legal representatives, successors, and assigns of the Lessee and the Lessor. 17. Subordination. This Lease is subordinate to the laws and regulations of the United States, the State of Florida, and Monroe County, whether in effect on commencement 0. of this Lease or adopted after that date. E 18. Licenses. Lessee shall be responsible for and provide all licenses required by all -> local, state, and federal agencies. 0. 19. Cessation of Long Term Recovery Group Operations. Upon the natural expiration or early termination of this Lease, the operation of a temporary housing facility shall immediately be ceased and all improvements, equipment, and other personalty of the Lessee, its officers, staff, employees, agents, relief workers, volunteers, and invitees shall immediately be removed from the Premises. Any damage to the Premises which has occurred due to the use contemplated under this Lease shall be immediately repaired and the Premises restored to its original condition, unless the parties agree at the cessation of operations that the Premises need not be repaired or restored due to other benefits installed by Lessee during the Term of this Lease. Should the Lessee determine to cease operation prior to natural termination of this Lease, the Lessee shall give Lessor prior written notice of such intended cessation sixty (60) days before the effective date of the cessation of operation. a, 20. Premises to be Used for Lawful Purposes. It is expressly covenanted between W the parties hereto that the Lessee will not use, suffer nor permit any person to use in any manner whatsoever the leasehold property, nor any portion thereof, for purposes calculated to injure the reputation of the leasehold property or of the neighboring y property,nor for any purpose or use in violation of the laws of the Untied States, or of the State of Florida, or of the Ordinances of Monroe County, Florida. Lessee will keep and save the Lessor forever harmless from any penalty or damage or charges imposed for any violation of any of said laws, whether occasioned by neglect of Lessee and Lessee will indemnify and save and keep harmless the Lessor against and from any loss, cost, damage, and expense arising out of any accident or other occurrence, causing injury to any person or property whomsoever or whatsoever, and 6 Packet Pg. 1837 D.14.h due directly or indirectly to the use of the leasehold Premises or any part thereof by Lessee. 21. Limitation of Lessor's Liability. It is further agreed that in no case shall the Lessor herein be liable, under any express or implied covenants in the Lease, for any damages whatsoever to the Lessee beyond the rent reserved by the Lease accruing, for the act, or breach of covenant, for which damages may be sought to be recovered against said Lessor, and that in the event said Lessee shall be ousted from the 0 possession of said property by reason of any defect in the title of said Lessor or said > Lessor's authority to make this Lease, said Lessee shall not be required to pay rent under this Lease while it is so deprived of said property, and that said Lessor shall not incur any liability as a result of such ouster. 22. No Waiver of Breach. It is further mutually covenanted and agreed between the parties hereto that no waiver of a breach of any of the covenants of this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. 4- 23. Rules and Regulations. 0 A. COMPLIANCE. Lessee shall comply with all reasonable rules and regulations with respect to use of the Premises, as the same may be amended from time to time, all additional laws, statutes, ordinances,regulations, and rules of the federal, 0. state, and county governments, and any and all plans and programs developed in E compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal safety laws and -> regulations, and federal, state, and county environmental, hazardous waste and materials and natural resources laws,regulations, and permits. B. VIOLATIONS. Lessee agrees to pay on behalf of the Lessor any penalty, a assessment, or fine, issued against the Lessor, or to defend in the name of the Lessor any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that Lessee, its agents, employees, or invitees have violated any law, ordinance, regulation, rule, or directives described in 23(A) above. 0 24. County's Right of Entry. The Lessor reserves the right hereunder to enter upon the Premises at any reasonable time during normal operating hours for the purpose of inspecting said Premises to determine whether Lessee has complied and is complying with the terms and conditions of this Lease. The Lessee hereby agrees to keep the Premises at all times in a clean and sanitary condition, and not to maintain or a, keep upon said Premises any properties or equipment not used in connection with the operation of said business, unless authorized by the Lessor to do so. W 25. Leasehold Improvements. The Lessee agrees not to make any alterations to said Premises, without first obtaining written consent of the Lessor to do so. Such y alterations shall be based on plans approved by the Monroe County Administrator and shall be subject to all State and County code provisions governing construction. Lessee shall be responsible for obtaining any permits required by any governmental agency. All site improvements shall be pre-approved by the Monroe County Board of County Commissioners. 26. Responsibility for Property on Leasehold. All property of any kind that may be on the Premises during the term of this Lease shall be at the sole risk of the Lessee. 7 Packet Pg. 1838 • ;D.14.h The Lessor shall not be liable to the Lessee or any other person for any injury, loss, or damage to property or person on the Premises. 27. Damage to Leasehold. In the event that the demised Premises, or a major part thereof, are destroyed by fire, storm, or any other casualty, the Lessor at its option may forthwith repair the damage to the Premises and any structures located thereon at its own cost and expense. The rental thereon shall cease until the completion of such repairs. If Lessor exercises its option to repair the Premises, Lessee agrees to assign its right to the insurance proceeds to.the Lessor. > 28. Rights Reserved. Rights not specifically granted to Lessee by this Lease are 0 reserved to the Lessor. 2 29. Indemnification / Hold Harmless. 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 attorney's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the 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 0. within this agreement. E 30. Governing Law, Venue, and Interpretation: This Lease shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this a) Lease, the Lessor and Lessee agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms or a term of this Lease by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 0 31. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Lease shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes y effective. 32. Severability. If any term, covenant, condition, or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, y covenants, conditions, and provisions of this Lease, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this Lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The Lessor and Lessee agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 8 Packet Pg. 1839 D.14.h 33. Attorney's Fees and Costs. The Lessor and Lessee agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing parry, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary > procedures required by the circuit court of Monroe County. > 0 34. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall bind and inure to the benefit of the Lessor and Lessee and their respective legal representatives, successors, and assigns. 35. Authori . Each party represents and warrants to the other that the execution, delivery and performance of this Lease have been duly authorized by all necessary County and corporate action, as required by law. 0 36. Claims for Federal or State Aid. Lessor and Lessee agree that each shall be, and is, LN empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Lease; provided that all applications, requests, grant proposals, and 0. funding solicitations shall be approved by each parry prior to submission. E 37. Adiudication of Disputes or Disagreements. Lessor and Lessee agree that all -> disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to as seek such relief or remedy as may be provided by this Lease or by Florida law. 38. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Lease, Lessor and Lessee agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Lease or provision of the services under this Lease. Lessor and Lessee specifically agree that no party to this Lease shall be required to enter into any arbitration proceedings related to this Lease. 39. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a y court of competent jurisdiction that discrimination has occurred, this Lease automatically terminates without any further action on the part of any party, effective W the date of the court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL y 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 9 Packet Pg. 1840 abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The,Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County > Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender 0 identity or expression, familial status or age; 11) Any other nondiscrimination 2 provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Lease. 40. Covenant of No Interest. Lessor and Lessee covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 41. Code of Ethics. Lessor agrees that officers and employees of the Lessor recognize and will be required to comply with the standards of conduct for public officers and 0. employees as delineated in Section 112.313, Florida Statutes, regarding, but not E limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or -> contractual relationship; and disclosure or use of certain information. 0 42. No Solicitation/Payment. The Lessor and Lessee warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor shall have the right to terminate this Lease without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 43. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or y under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Lessor and Lessee in conjunction with this Lease; and the Lessor W shall have the right to unilaterally cancel this Lease upon violation of this provision by Lessee. 0 44. Non-Waiver of Immunity. Notwithstanding the provisions of Chapter 768.28, Florida Statutes, the participation of the Lessor and Lessee in this Lease and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the Lessor be required to contain any provision for waiver. 10 Packet Pg. 1841 D.14.h 45. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the Lessor, when performing their respective functions under this Lease within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 0 46. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving 0 any participating entity from any obligation or responsibility imposed upon the entity 2 by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the Lessor, except to the extent permitted by the Florida constitution, state statute, and case law. 0 47. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the LN terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, 0. and the Lessor and Lessee agree that neither the Lessor nor the Lessee or any agent, E officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Lease. c a) 48. Attestations. Lessee agrees to execute such documents as the Lessor may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. 49. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this Lease. 50. Execution in Counterparts. This Lease may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken y together shall constitute one and the same instrument and any of the parties hereto may execute this Lease by signing any such counterpart. W c 51. Section Headings. Section headings have been inserted in this Lease as a matter of convenience of reference only, and it is agreed that such section headings are not a y part of this Lease and will not be used in the interpretation of any provision of this Lease. 52. Cancellation of Agreement. Lessor may cancel this Lease Agreement by giving Lessee sixty (60) days' advanced written notice upon the happening of any of the following events: the appointment of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee of the premises for a period of sixty (60) days. By the end of the sixty (60) days' notice 11 Packet Pg. 1842 • ;D.14.h period, Lessee shall have vacated the premises and the Lessor may immediately re- enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the Lessor's rights under this paragraph, the Lessor shall be entitled to reasonable attorney's fees. 53. Mutual Review. This Lease has been carefully reviewed by Lessee and Lessor; therefore this Lease is not to be construed against either party on the basis of authorship. 0 54. Notices. Any written notice or correspondence given pursuant to this Lease shall be sent by United States Mail, certified,return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: LESSOR: LESSEE: County Administrator Executive Director Monroe County Monroe County Long Term 1100 Simonton Street Recovery Group Room 2-205 P. O. Box 4767 Key West, Florida 33040 Key West, Florida 33041 IN WITNESS WHEREOF, the parties hereto have set their hands and sdlsthe d*andn E year first above written. r- r- r*) rn rn > -.if r F LESSOR: BOARD OF COUNTY COMASSIONI.S 0 N MADOK , CLERK OF MONROE T ,%FLO A gH�On By eputy Clerk Mayor David Rice 0 LESSEE: WITNESSES: MONROE COUNTY LONG TERM RECOVERY GROUP, INC. y By c Steph aple Print Name Print Name Title Chair Print Name MON OE COUNTY ATTORNEYS OFFICE APPROVED,AS TO O M PATRICIA FABLES ASSISTANT COUNTY ATTOf NEY 12 DATE: q- (at (? Packet Pg. 1843 c� EXIUBIT "X TO LEASE 0 arcel 1 TRACT no. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key, Florida and now particularly described by metes and bounds as follows: On the island of Big Pine Key, Monroe County, Florida, begin at the center of y Section 26,Township 66 South, Range 29 East; thence run.due Westerly 548.75 feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet; thence run due Southerly 160.0 feet, thence run due Easterly 299.375 feet; thence run due Northerly 160.0 feet to the POINT OF BEGINNING. 0 Parcel Il 0 Easement for the purpose of vehicular and pedestrian ingress and egress as reserved in Special Warranty Deed from Carnival Fruit Company, a Florida corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27, 1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the Public Records of Monroe County, Florida. c c c 13 Packet Pg. 1844 c� 0 EXHIBIT "B" TO LEASE > 0 Insurance Requirements 0 U) 0 0 0. 2 0. 0 0 14 Packet Pg. 1845 D.14.h tots Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN a, MONROE COUNTY,FLORIDA 0 AND ns Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations e • Blanket Contractual Liability • Personal Injury Liability 0 0. The minimum limits acceptable is: S 1,000,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. 0. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. °3 The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 ns GL3 W c 0 ns Administrative Instruction 7500.7 53 Packet Pg. 1846 D.14.h 2018 Edidon WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN a, MONROE COUNTY, FLORIDA 0 AND y Priorto the commencement of work governed by this contract,the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440,Florida Statutes. In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less than: a $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease,policy limits 0. $1,000,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the.contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida. 0. 0 If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. 0 a 0 WC3 Adminlstmil-c tnstmcdon 7500.7 g➢ Packet Pg. 1847 D.14.h 2019 Nation BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT > BETWEEN MONROE COUNTY,FLORIDA 0 AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum,liability coverage for: • Owned,Non-Owned,and Hired Vehicles o The minimum limits acceptable is: 0. $1,000,000 Combined Single Limit(CSL) if split limits are provided,the minimum limits acceptable are: 2 $ 500,000 per Person 0. $1,000,000 per Occurrence $ 100,000 Property Damage °3 The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 0 0 VL3 Administrutiw Instruction 7500.7 !R Packet Pg. 1848 D.14.h F018 Cdidan � ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASESIRENTALS OF COUNTY-OWNED PROPERTY > BETWEEN MONROE COUNTY,FLORIDA AND Prior to the Lessee occupying the leased property that is the subject of this agreement,the Lessee will obtain All Risk Property Insurance (to include the perils of Flood and Wind)with limits no less than the Full Replacement Cost Value of the property being leased or rented. Coverage will be maintained throughout the life of the lease and will include,as a minimum,coverage for. Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects 0. Windstorm Smoke Explosion E Civil Commotion Aircraft and Vehicle Damage Flood 2 0. The Monroe County Board of County Commissioners must be named as Loss Payee on all policies issued to satisfy the above requirements. a) 0 0 0 0 ARP Administrative Instruction 7500.7 39 Packet Pg. 1849 D.14.h NON-COLLUSION AFFIDAVIT i, Ili Jt.R,<<a, Lvc1c.4,4 of the city of I� xoo IfttM, Flay i 4o% according to law on my oath, and under penalty of perjury, depose and say that: 1. I am xasAl a DinsAor > of the firm of Rawr. Cou.. ST&rw% Q•a WAX4 QM u a the bidder making the Proposal for the project described in the Request for Qualifications for: 2 ia► Y rye U. Va►c.ou,-�- �� - v o'��ce�r I+n 0 and that I executed the said propo al with full authority to do so: •! 0 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; c 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any 0. competitor; and E 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full c knowledge that Monroe County relies upon the truth of the statements contained in this a idavit in award' g contracts for said project. (Signature of Respondent) ( ate) 0 STATE OF: j 0 COUNTY OF: f ►oo')2ob/ �PERSONALLY APPEARED BEFORE ME, the undersigned authority,I l c-R66Ix e—(X� who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this -day of 9P'16dt662 20 Imo. 2, c MG J LINDEBERG NO ARY PUBLIC c Notary Public-State of FloridaMy Comm.Expires Sep 29,2018 FF OF Commission#FF 164055 �III �My Commission Expires: Packet Pg. 1850 D.14.h PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount U provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from 2 the date of being placed on the convicted vendor list." I have read the above and state that neither Weal it. Lu QKY&L COV (Proposer's name) nor any Affiliate has been placed on the convicted vendor list ulithin the last 36 m nths. (Signature) / 0 Date: ��'I m 2 0. STATE OF: COUNTY OF: &02)e Subscribed and sworn to(or f rmed)before me on the day of �61PT-6,qisak 20JL!�—,by LILN,6 -1f L-UCtzjL (name of affiant). He/She is personally known to me or has produced (type of identification)as identification. o 0 My Comm*, "Exes � N TA Y PUBLIC �,00iPaYP�e�;., G J LINDEBER]2018 Notary Public-State o My Comm.Expires SepF F�gP Commission#FF 1 0 Packet Pg. 1851 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Y V '� kr ovtt crrevfp Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of y maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 0. 0 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is _ so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. r Respondent's Signature Dal W c c o�" G J LINDEBERG N ?_ $"' Notary Public-State of Florida NOdAYVPL N roe;My Comm.Expires Sep 29,2018 '9iFOF f��p` Commission#FF 164055 1111111. — My Commission Expires: 0 E Packet Pg. 1852