Item D4 D.4
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County �� � .�� y,+ ' �, "tr BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 nff `ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` ) H` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 16, 2020
Agenda Item Number: D.4
Agenda Item Summary #7311
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
NA
AGENDA ITEM WORDING: Approval of a Resolution Pursuant to Florida Statute Section
125.38 Approving a Second Amendment to an Existing Land Lease Agreement at a Rate of $10.00
Per Term with the Florida Keys Hurricane Recovery Foundation, ("FKHRF"), 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), a local Florida
non-profit organization, formed in 2018 with a mission 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 operated a "Volunteer Village" on County-owned
property through a land lease agreement approved in 2018. Since the County approved the original
land lease with the LTRG, the LTRG requested for the County to allow the lease to be assumed by
the Florida Keys Recovery Foundation (FKHRF), another local Florida non-profit organization, and
in May 2020 the County executed a First Amendment to the land lease approving the FKHRF to
assume the lease form the LTRG. The FKHRF accordingly assumed LTRG's role as lessee under the
land lease and took over management and operations of the Volunteer Village as temporary housing
for relief workers coordinated by their organization.
The current land lease with the FKHRF is for a term through February 2023, at a rate of$10.00 per
term. Florida Statute Section 125.38 provides that non-profits, such as FKHRF, may 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 or
amendment thereto.
FKHRF has expressed to the County that it is experiencing continued difficulty in meeting the
insurance requirements of the operative lease as amended. This Second Amendment to the Lease is
sought by FKHRF to amend the insurance requirements set forth in Section 6. of the Agreement.
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D.4
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
May 20, 2020 - BOCC approval of a Resolution authorizing the First Amendment to a land lease
agreement with the LTRG to extend the term of the agreement to February 2023, and to have
FKHRF assume LTRG's role, duties, obligations, and responsibilities as lessee under the Lease.
CONTRACT/AGREEMENT CHANGES:
2nd Amendment to Existing Land Lease Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution and Second Amendment to Land Lease Agreement
F.S. 12 5.3 8
Graphic 30320 BPK property on US-1 (002)
Graphic Property Layout 30320 BPK property on US-1 (002)
08/15/2018 Lease
easement document
1 st Amendment 05/20/2020
Special Warranty Deed
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
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D.4
REVIEWED BY:
Emily Schemper Completed 08/31/2020 10:14 PM
Assistant County Administrator Christine Hurley Completed
09/01/2020 8:58 AM
Peter Morris Completed 09/01/2020 11:41 AM
Kevin Wilson Completed 09/01/2020 12:12 PM
Purchasing Completed 09/01/2020 1:11 PM
Budget and Finance Completed 09/01/2020 2:42 PM
Maria Slavik Completed 09/01/2020 3:57 PM
Liz Yongue Completed 09/01/2020 6:02 PM
Board of County Commissioners Pending 09/16/2020 9:00 AM
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D.4.a
RESOLUTION NO. -2020
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, APPROVING A SECOND AMENDMENT
TO AN EXISTING LAND LEASE BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND FLORIDA
KEYS HURRICANE RECOVERY FOUNDATION INC. ("FKHRF"), A
FLORIDA NOT-FOR-PROFIT ORGANIZATION, REGARDING THE E
PARTIES' EXISTING LEASE 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 y
WITH ONGOING HURRICANE DISASTER RELIEF OPERATIONS.
WHEREAS, Section 125.38, Florida Statutes, authorizes not-for-profit organizations organized fora.
the purposes of promoting community interest and welfare who desire the use of real property owned by the N
County and/or its Board of County Commissioners (`Board")that is not needed for other County purposes, to W
apply to the Board of County Commissioners to lease such property; and
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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 -�
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, that certain Land Lease Agreement entered into pursuant to Resolution Number 218- W
2018 on or about August 15th,2018,including all findings of fact, exhibits and referenced attachments thereto,
is hereby incorporated as if fully stated herein; and
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WHEREAS,pursuant to Resolution Number 142-2020 duly approved by the Board on or about May
20th,2020,the FKHRF,inter alia,assumed from the prior Lessee Monroe County Long Term Recovery Group, -a
Inc. ("LTRG"),the LTRG's role, status, duties, obligations, and responsibilities, as the new operative Lessee
under the above-referenced land lease; and
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WHEREAS, Resolution Number 218-2018 approving the first amendment to the subject land lease 0
agreement, including all findings of fact, exhibits and referenced attachments thereto, is hereby incorporated
as if fully stated herein; and
WHEREAS, after legally assuming the above-referenced land lease pursuant to the above-referenced
Resolution approving a first amendment to said lease,the FKHRF has since notified Monroe County Planning
& Environmental Resources Department staff that it has not yet obtained the insurance it was bound to and
legally required to obtain pursuant to the representation made to and approved and relied upon by Monroe
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D.4.a
County in said Resolution and the thirteenth prefatory clause and finding of fact accepted by the parties and
memorialized thereunder; and
WHEREAS, the FKHRF has since represented to Monroe County Planning & Environmental w
Resources Department staff that it is presently experiencing continued difficulty meeting the above-referenced
insurance requirements of the operative land lease, as amended; and
WHEREAS,the FKHRF has additionally represented to Monroe County professional staff that it will
not be operating with volunteers for another year due to the novel coronavirus (COVID-19)pandemic; and
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WHEREAS, the FKHRF has sought and requested for the operative land lease agreement to be
amended a second time so as to alleviate FKHRF's present challenge(s)obtaining the insurance required under
its land lease agreement with the County; and m
WHEREAS,the Board desires to accommodate the FKHRF's request; and 03
WHEREAS, the Second Amendment to Land Lease Agreement, attached hereto as Exhibit"A." and y
made a part of this Resolution as if fully stated herein, provides for such relief while ensuring that Monroe W
County does not assume any duties, liabilities, or obligations presently held by the FKHRF pursuant to the -�
operative land lease agreement; W
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. Recitals and Legislative 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. cu
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"A."and hereby incorporated as a
if fully stated herein.
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Section 3. This Resolution shall become effective upon its execution by the Mayor.
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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. m
Mayor Heather Carruthers
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Mayor Pro Tem Michelle Coldiron
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Commissioner Craig Cates
Commissioner David P.Rice
Commissioner Sylvia J. Murphy c
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BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY,FLORIDA,BY:
By: Mayor Heather Carruthers
MONROECo_ ATTORNEYI
APP�A YrE TO FORM
PEETER MORMS
ASSISTANT COUNTY ATTORNEY
2 of 3 Date; 8/31/20
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D.4.a
(SEAL)
ATTEST: KEVIN MADOK,CLERK
AS DEPUTY CLERK
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D.4.a
SECOND AMENDMENT TO LAND LEASE AGREEMENT
THIS SECOND AMENDMENT TO LAND LEASE AGREEMENT, dated this _
day of September, 2020, by and between MONROE COUNTY, a political subdivision of the
State of Florida (hereinafter referred to as "MONROE COUNTY" or "LESSOR") and
FLORIDA KEYS HURRICANE RECOVERY FOUNDATION INC., a Florida not-for-profit
corporation ("FKHRF"):
WITNESSETH: c
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WHEREAS, Lessor MONROE COUNTY and former Lessee MONROE COUNTY
LONG TERM RECOVERY GROUP, INC. (hereinafter"LTRG' or"Former Lessee"), a not-for-
profit corporation of the State of Florida, entered into a two-year Land Lease Agreement
(hereinafter the "lease") on or about the 15t' day of August 2018, pursuant to Monroe County E
Resolution Number 218-2018,which the below-subscribed parties agree is hereby incorporated as
if fully stated herein; and
WHEREAS,Lessor MONROE COUNTY and current Lessee FKHRF, entered into a First
Amendment to the lease on or about the 20th day of May 2020, pursuant to Monroe County
Resolution Number 142-2020,which the below-subscribed parties agree is hereby incorporated as
if fully stated herein; and
WHEREAS, after legally assuming the above-referenced land lease agreement pursuant
to the above-referenced Resolution approving a first amendment to the lease,the FKHRF has since
notified Monroe County Planning&Environmental Resources Department staff that it has not yet
obtained the insurance it was bound to and legally required to obtain pursuant to the representation
made to and approved and relied upon by Monroe County in said Resolution and the thirteenth
prefatory clause and finding of fact accepted by the parties and memorialized thereunder; and
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WHEREAS, the FKHRF has since represented to Monroe County Planning & -�
Environmental Resources Department staff that it is experiencing continued difficulty meeting the
above-referenced insurance requirements of the operative lease as amended; and
WHEREAS,the FKHRF has additionally represented to Monroe County professional staff
that it will not be operating with volunteers for another calendar year from the date of this second v)
amendment to lease's approval by Lessor due to the novel coronavirus (COVID-19) pandemic;
and
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WHEREAS, the FKHRF has sought and requested for the operative lease to be amended 0
a second time to alleviate FKHRF's present challenge(s) obtaining and securing the insurance
required under the lease; and
WHEREAS, Monroe County desires to accommodate FKHRF's request; and
WHEREAS, this Second Amendment to Land Lease Agreement provides for such relief
while ensuring that Monroe County does not assume any duties, liabilities, or obligations presently
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D.4.a
held by the FKHRF pursuant to the operative land lease agreement as amended; and
WHEREAS, subject to and upon the condition of Lessor's approval of a duly authorized
Monroe County Board of County Commissioners-issued Resolution (A.) approving this second
lease amendment, the Lessor and FKHRF desire to enter into this Second 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: 0
1. The recitals contained herein are true and correct and incorporated herein as if fully E
stated herein.
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2. The First Amendment to the Land Lease Agreement memorialized by and between
the parties pursuant to that certain above-referenced Resolution, including all
findings of fact, exhibits and referenced attachments thereto, is hereby incorporated
as if fully stated herein.
3. The operative Land Lease Agreement is hereby amended as follows: a
I. Section 6. is hereby revised to read as follows:
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6. Insurance.
A. 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 to the above-referenced August
15th, 2018-dated Land Lease Agreement approved by Monroe County Resolution 218-
2018, which the parties consider attached hereto, made a part hereof, and incorporated
herein.
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 v)
policies required by this Lease.
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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 0
notification is given to the Lessor by the insurer.
The acceptance and/or approval of Lessee's insurance shall not be construed as relieving E
Lessee from any liability or obligation assumed under this contract or 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.
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The All Risk Property Insurance, as shown in the above-referenced Exhibit"B" which the
parties consider attached hereto, made a part hereof, and incorporated herein, 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 Insurance must be in place,
however,prior to any type of structure being delivered to the Premises. 2
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If the insurance policies originally purchased which meet the requirements of this Lease c
are cancelled, terminated, or reduced in coverage, then the Lessee shall immediately 0
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, E
amended, and annually during the term of this Lease.
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Other than those activities specified at Section B. below, Lessee shall not be authorized to
conduct any operations and/or use(s) of the premises/site unless and until the following
conditions are met:
1. FKHRF provides written notice to and received by the Monroe County pursuant to Section
54. ("Notices"), with conforming copies sent to and received by the Monroe County
Planning & Environmental Resources Department Senior Director and Monroe County E
Attorney's Office in the below form and substance, that it is adequately materially
prepared, with respect to insurance, finances, and human resources, to conduct approved
operations on and/or to conduct approved use(s) of the site
Senior Director
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway
Marathon, FL 33050
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and
Robert B. Shillinger, Esq.
Monroe County Attorney's Office 0
1111 12th Street, Suite 408 U)
Key West, FL 33041-1026
and
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2. The County Administrator's (or his designee's) written acceptance of FKHRF's
representation of preparedness to conduct operations on the site.
B. FKHRF furthermore agrees that LAJ following its provision of such written notice,Monroe
County shall be entitled to request any additional documentation and responses necessary
(including but not limited to satisfactory proof that the FKHRF has satisfied the continuing <
insurance requirements of this lease agreement) for the County to verify and assure that
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such written notice is accurate, true, and correct, to Monroe County's plenary satisfaction,
as well as (B.) that, after this Second Amendment to Lease is duly approved by Lessor,
FKHRF shall make visits to and inspections of the buildings and structures on the premises
forming the subject of this land lease agreement, both regularly and at the request of
Monroe County, and that it shall routinely notice the Monroe County Planning &
Environmental Resources Department Senior Director of any observations made at or after
such trips, and LU that, after this Second Amendment to Lease is duly approved by Lessor, 2
FKHRF shall keep the grass and weeds on said premises cut (in conformity with the
Monroe County Code(s), Comprehensive Plan,Florida Statutes,federal laws, and state and >
federal and state regulations), both regularly and at the request of Monroe County. 0
These being the only activities authorized for FKHRF to engage in at the premises pending E
the County Administrator's contingent approval as specified above,these limited approved
activities for the FKHRF to engage in at the site remain bound and subject to the remaining E
provisions of the first amended lease generally and bound and subject to the following
specific provisions of the first amended lease to the extent that any/all such provisions do
not expressly conflict with this Second Amendment to Lease: Section 4. ("Rent"), Section
5. ("Taxes"), Section 7. ("Utilities"), Section 8. ("Mechanic's Liens"), Section 12. ("Use
and Conditions"), Section 13. ("Lessee Covenants"), Section 15. ("Maintenance and
Condition of the Premises"), Section 18. ("Licenses"), Section 19. ("Cessation of Long
Term Recovery Group Operations"), Section 20. ("Premises to Be Used for Lawful E
Purposes"), Section 21. ("Limitation of Lessor's Liability"), Section 22. ("No Waiver or 2
Breach"), Section 23. ("Rules and Regulations"), Section 24. ("County's Right of Entry")
Section 25. ("Leasehold Improvements"), Section 26. ("Responsibility for Property on
Leasehold"), Section 27. ("Damage to Leasehold"), Section 28. ("Rights Reserved"),
Section 29. ("Indemnification / Hold Harmless"), Section 33. ("Attorney's Fees and
Costs"), Section 41. ("Code of Ethics"), Section 42.5. ("Disclosure, Conflict of Interest,
and Code of Ethics"), Section 44. ("Non-Waiver of Immunity"), Section 45. ("Privileges
and Immunities"), Section 46. ("Legal Obligations and Responsibilities"), Section 47.
("Non-Reliance by Non-Parties"), Section 49. ("No Personal Liability"), Section 52. E
("Cancellation of Agreement"), Section 55. ("Financial Responsibility"), and Section 56.
("Miscellaneous"). E
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II. Section 30. is hereby revised to read as follows: 0
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 c
is instituted for the interpretation or enforcement of this Lease or part or provision thereof, the
Lessor and Lessee agree that venue will lie in the Sixteenth Judicial Circuit in and for Monroe
County, Florida.
Lessee furthermore agrees that this operative lease agreement as amended and its construction and
interpretation shall be liberally construed and enforced in favor of Lessor in the event of any
dispute or issue raised by Lessor concerning the plain meaning or ambiguity of any part or portion <
of this operative lease as amended, and that the plain meaning construction and interpretation of
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this operative lease agreement as amended and that the construction and interpretation of
ambiguity(ies) arising under this operative lease agreement as amended and of all Monroe County
Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe County
Code(s)provision(s) shall be deferred in favor of Lessor and such construction and interpretation
shall be entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and
on appeal
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 shall be submitted to mediation prior to the institution of >
any other administrative or legal proceeding. 0
4. All of the other terms, covenants, conditions, and provisions of the operative amended E
Lease, as previously approved, except those expressly modified and rendered inconsistent
by this Amendment, remain in full force and effect and binding upon the parties. E
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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.
6. This Amendment is binding on the successors and assigns of the parties.
7. Specific determinations of whether FKHRF has successfully satisfied all insurance and
other requirements required under this Lease shall be rendered by the Monroe County Risk
Management Office in conjunction with the Monroe County Attorney's Office.
IN WITNESS WHEREOF, the undersigned executed this Amendment to Land Lease
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Agreement this day of September, 2020.
LESSOR:
MONROE COUNTY BOARD OF
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COUNTY COMMISSIONERS (SEAL)
ATTEST: KEVIN MADOK, CLERK
By: By:
Mayor Heather Carruthers As Deputy Clerk
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MONROE�0 ATTORNEY
TO FORM
PETER tv ORRIS
ASSISTANT COUNTY ATTORNEY
Date: 8/31/20
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LESSEE: WITNESSES AS TO LESSEE:
FLORIDA KEYS HURRICANE
RECOVERY FOUNDATION INC., Signed, sealed and delivered
a Florida limited liability company,
By:
(Print and Sign Name) Witness No. 1 as to Lessee (Print and Sign
Name) >
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Date: Date: a
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Witness No. 2 as to Lessee (Print and Sign
Name) W
Date:
STATE OF FLORIDA N
COUNTY OF MONROE
BE IT KNOWN,the foregoing instrument was acknowledged and attested before me on
this day of 2020, by who is
personally known to me or has produced as
identification, and did take an oath.
[Seal]
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NOTARY PUBLIC
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8/10/2018 Statutes&Constitution:View Statutes:Online Sunshine
Select Year: ;2018 V Go
The 2018 Florida Statutes
Title XI Chapter 125 View Entire
COUNTY ORGANIZATION INTERGOVERNMENTAL G !Chapter
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
may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied
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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
required.
History.—s.4,ch.2329, 1947. y
Copyright 0 1995- 1 The Florida Legislature • Privacy Statement • Contact Us
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Kevin Madok, cPA
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;o .....:. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: September 21, 2018
TO: Helene Wetherington, Director
Local Disaster Recovery Department
FROM: Pamela Hanco4-C.
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 with die Monroe
County Long Term Recovery Group (LTRG) to allow use of die County owned vacant lot at o
30320 Overseas Higliway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary
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liousing for disaster relief workers coordinated by LTRG, for your liandling.
A certified copy has been mailed to Steplianie Kaple as directed in Section 3 of the subject
Resolution.
Please note diat 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.
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cc: S.Kaple MCLTRGco
County Attorney
Finance
File
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. 2117
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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
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
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 c
needed for other purposes, the County may, by duly adopted resolution of the Board, lease the property to
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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
application has been made, the purpose for which the leased property is to be used, the rent and
terms of the lease; and y
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 W
of Monroe County, Florida, recovering from the devastating impacts of Hurricane Irma which y
made landfall in the Florida Keys on September 10, 2017; and
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WHEREAS, the LTRG is made up of non-profit organizations who have access and are T_
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able to receive grants from available Federal and State programs to assist the citizens of Monroe
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County, Florida, in their long term disaster recovery and rebuilding efforts in a coordinated
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manner; and
WHEREAS, due to the severe shortage of workforce housing throughout Monroe County, E
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
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
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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
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.
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 c
Recovery Group, Inc., attached hereto and made a part of this Resolution as "Exhibit
12
A", to provide temporary housing for long term disaster recovery services to citizens
of Monroe County, Florida, recovering from the devastating impacts of Hurricane W
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. y
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).c ► q
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Mayor David Rice Yes -�
Mayor Pro Tem Sylvia Murphy Yes �.,; �-.
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Ef9 Commissioner Danny Kolhage Yes Z.
Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes E
BOARD OF COUNTY COMMISSIONERS
e
_ VIN MADOK, CLERK OF MONROE OUN �i', FLORIDA
Deputy Clerk Mayor David Rice
MONROE COUNTY ATTORNEY'S OFFICE
PAPpROVE�D�2,
PATRICIA EABLES
ASSISTANT COU TY_ATT RNEY
DATE:
Page 2 of 2
Packet Pg. 2119
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
principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" / "Long Term
Recovery Group").
WHEREAS, Monroe County in 2004 purchased and now owns the property located at
30320 Overseas Highway, Big Pine Key, Florida("Premises"); and c
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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
WHEREAS, the Lessor has determined that the availability of affordable housing for
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 W
community after a disaster; and y
WHEREAS, the parties recognize that a primary purpose of the County acquiring the co
Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster
N
operations; and LO
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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, 0)
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
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
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Packet Pg. 2120
D.4.e
= 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").
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
Whitehead Street,Key West,Florida 33040.
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5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any
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 y
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
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policy. The Lessor, at its sole option, has the right to request a certified copy of any T_
or all insurance policies required by this Lease.
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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. E
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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
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
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Packet Pg. 2121
D.4.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
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.
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 y
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 W
inspection of such books, records, and documents by the Lessor shall occur at any
reasonable time.
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10. Relationship of Parties. The Lessee is, and shall be an independent T-
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contractor and not an agent or servant of the Lessor. The Lessee shall exercise
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control, direction, and supervision over the means and manner that its personnel,
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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
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
individual,property,or corporation.
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;
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.
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D.4.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
attorney's fees. Waiver of a default in any particular month shall not bind the Lessor
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
County, including but not limited to, recreational vehicles, modular units, trailers,
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 W
caused, any nuisance or objectionable activity of any nature on the Premises. Any y
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
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or regulations or as those terms are understood in common usage, shall strictly CD
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comply with all federal, state, and local laws. Lessee shall not use or occupy the
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Premises for any unlawful purpose and will,at the Lessee's sole cost and expense,
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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,
including all utilities, security, enforcement of rules and regulations, programs,
transportation, and any and all other aspects of operations.
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
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. 2123
D.4.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.
13. Lessee Covenants. Lessee covenants and agrees as follows:
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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,
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 y
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.
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F. Lessee shall maintain any and all appropriate Federal, State, County, or City T_
occupational license during the period of this lease.
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G. Lessee agrees to keep the leased Premises in a safe, clean, and well-maintained
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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. E
14. Lessor Covenants. In connection with the above demised Premises, the Lessor
covenants with the Lessee that conditioned upon Lessee's performance and
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
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.
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D.4.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.
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
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.
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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
of this Lease or adopted after that date.
18. Licenses. Lessee shall be responsible for and provide all licenses required by all
local, state, and federal agencies.
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
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Lease shall be immediately repaired and the Premises restored to its original T-
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condition, unless the parties agree at the cessation of operations that the Premises
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need not be repaired or restored due to other benefits installed by Lessee during the
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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 E
operation.
20. Premises to be Used for Lawful Purposes. It is expressly covenanted between
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
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
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D.4.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
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.
23. Rules and Regulations.
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,
state, and county governments, and any and all plans and programs developed in
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. y
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
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directives described in 23(A) above. T_
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24. County's Right of Entry. The Lessor reserves the right hereunder to enter
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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 E
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
operation of said business, unless authorized by the Lessor to do so.
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
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.
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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
reserved to the Lessor.
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
within this agreement.
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 y
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. W
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
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to mediation prior to the institution of any other administrative or legal proceeding. T-
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31. Entire Agreement. This writing embodies the entire agreement and understanding
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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
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,
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.
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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.
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. 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
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 y
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.
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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
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proceedings, hearings, processes, meetings, and other activities related to the T_
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substance of this Lease or provision of the services under this Lease. Lessor and
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Lessee specifically agree that no party to this Lease shall be required to enter into any
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arbitration proceedings related to this Lease.
39. Nondiscrimination. Lessor and Lessee agree that there will be no discrimination E
against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Lease
automatically terminates without any further action on the part of any party, effective
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
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
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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
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.
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.
0
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
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
contractual relationship; and disclosure or use of certain information.
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
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Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor
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shall have the right to terminate this Lease without liability and, at its discretion, to
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offset from monies owed, or otherwise recover, the full amount of such fee,
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commission,percentage, gift, or consideration.
43. Public Access. The Lessor and Lessee shall allow and permit reasonable access to, E
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
or received by the Lessor and Lessee in conjunction with this Lease; and the Lessor
shall have the right to unilaterally cancel this Lease upon violation of this provision
by Lessee.
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
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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
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
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
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. y
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
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to be a covenant or agreement of any member, officer, agent, or employee of Monroe
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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
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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 E
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
may execute this Lease by signing any such counterpart.
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
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
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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.
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Parcel II
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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 E
Public Records of Monroe County, Florida.
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EXHIBIT "B" TO LEASE
Insurance Requirements
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tots Edition
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
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
• Blanket Contractual Liability
• Personal Injury Liability
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.
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. W
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Administrative Instruction 7500.7
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tote Edidon
WORKERS'COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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:
0
$1,000,000 Bodily Injury by Accident
$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.
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.
In addition, the Contractor may be required to submit updated financial statements from the fund
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upon request from the County. T-
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Adminlstmil-c tnstmcdon 7500.7
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Packet Pg. 2135
D.4.e
2019 Nation
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
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 5
coverage for:
• Owned,Non-Owned,and Hired Vehicles
0
The minimum limits acceptable is:
$1,000,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
$ 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. co
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Administrutivi:Instruction 7500.7
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Packet Pg. 2136
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2019 Edition
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.
6
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
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The Monroe County Board of County Commissioners must be named as Loss Payee on all y
policies issued to satisfy the above requirements.
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Administrative Instruction 7500.7
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NON-COLLUSION AFFIDAVIT
i, Ili Jt.R,<<a, Lut1c.4,4 of the city of I xb IftyrL, Flari 4o%
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am +6n. S ax.4k ut D nk4or
of the firm of yohre Cou.+ onalmm LwVtry G mua
the bidder making the Proposal for the project described in the Request for
Qualifications for:
$ri a► P�rye. �.e�. Vuc.aw-�- �� - V o����ce�r IM�t r�q Piro c� a�
and that I executed the said propo al with full authority to do so: J
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 c
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the
12
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 y
knowledge that Monroe County relies upon the truth of the statements contained in this
a idavit in award' g contracts for said project.
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(Signature of Respondent) ( ate) 03
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STATE OF: C—tor-ibA
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COUNTY OF: f ►oo�2Ul o
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,toc-WIX 4(XKZTI �
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.
ios �«i�.= G J LINDEBERG
NO MARY PUBLIC
* * _ Notary Public-State of Florida
My Comm.Expires Sep 29,2018 .
Commission#FF 164055
My Commission Expires:
Packet Pg. 2138
D.4.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
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
the date of being placed on the convicted vendor list." Ll
I have read the above and state that neither Weal it. LuLaoa COg (Praposer's
name) nor any Affiliate has been placed on the convicted vendor list Athin the last 36
i�
(Signature)
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Date:
STATE OF:
COUNTY OF: M0 02)e
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l Subscribed and sworn to(or f rmed)before me on the day of �61PT-6,qisak ,
20JL!�—,by LILN,6 -1f UCtzjL (name of affiant). He/She is personally known to
me or has produced (type of identification)as
identification. co
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G J LINDEBERG
Notary Public-State of Florida
My Comm.Expires Sep 29,2018
F F�OP�` Commission#FF 164055
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DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Y V "� kr oVtt �revfp
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
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.
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.
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As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements. LO
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Respondent's Signature
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G J LINDEBERG
?_ $"' NotaryPublic-State o1 Florida
NO A Y P LlC
N roe;My Comm.Expires Sep 29,2018
Commission#FF 164055
1111111.
— My Commission Expires: 0
Packet Pg. 2140
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 ',
• ` � rlf
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
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non-exclusive perpetual easement over, upon and across the lands
described in Exhibit "A" attached hereto and by this reference
made a art hereof the "Easement Area" This easement shall '
be for the benefit of Grantees and shall be for the purpose of j VV
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 �;
Grantor reserves the right to use the Easement Area, `
including the right to construct and maintain improvements
within the Easement Area and to upgrade existing improvements
within the Easement Area; provided, however, that the exercise
ar ; of the foregoing rights by Grantor shall not interfere with or �ta +
obstruct Grantees' use of the Easement Area, or downgrade or
s diminish in any way the exercise by Grantees of their rights t
hereunder.'
IN WITNESS WHEREOF, Grantor and Grantees have executed
this Agreement the day and year first above written.
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sealed an livered CARN AL FRUIT C PANJ, � =� ,
resence a Fl ida carp ra ion:o, rr • r y
By•
Title: 0- x _ ,.T
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BRUCE H. SEIG
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LEDAAAODSKY SEX
> y, STATE OF FLORIDA
Ss: F wy
rh, COUNTY OF MONROE �
Xntxi °�` THE FOREGOING INSTRUMENT was acknowledged before me , ;_'� 'it} �r
this 2_Z:tt day of August, 1990 by MARIO JACOBS as Secretary qf,,, H',,"
#�e CARNIVAL FRUIT COMPANY a Florida corporation, on behalf Q£, 0e " "t.^w 6KV
� Y � p r .y1 ,�'/•sh §�
Y �t corporation. (a/
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Notary Public 0�,
av ea,,d
State of Florida
My commission expires:
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.652789 FL�I 1 �E2 ��,GEI 55 I
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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 +41<x
SEIGAL, his wife.
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Notary Public:
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State of Florida f�l,i0��
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My commission expires:
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652789 °«I I 42 ir.�;[I 552
EXHIBIT 11A11 TO
EASEMENT AGREEMENT
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A portion of Section 26, Township 66 South, Range 29 East, on Big h *m
Pine, Monroe County, Florida, and being more particularly 0
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described as follows:
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. ;r4sCD
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652789 i{€lu1 1 42 1 553
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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
East, on Big Pine Key, Monroe County, Florida, and being more
particularly described by metes and bounds as follows: Ea
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, f ;
165.18 feet to the Southerly right of way line of U.S. Highway �s '*44 CD
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No. 1; thence bear North 89, 510 West, along said Southerly right
of way line, 100 feet; thence bear South, 165.44 feet to the ,zYin
South line of the Southeast Quarter of the Northwest Quarter of r
Section 26; thence bear East, along the South line of theti
Southeast Quarter of the Northwest Quarter of Section 26, a
distance of 100 feet, back to the Point of Beginning.
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°•°° Kevin Madok, CPA
• �` Clerk of the Circuit Court&Comptroller--Monroe County, Florida
DATE: May 22, 2020
TO: Helene Wetherington, Director
Local Disaster Recovery Department
FROM: Pamela Han4C*C.
SUBJECT: May 20th BOCC Meetings
Attaclied is a certified copy of the sullject Resolution and a duplicate original of tlic
following Agreement for your liandling:
0
D 14 Resolution No. 142-2020 pursuant to F.S. 125.38 approving an aunendrnent to an
existing band I case Agreement at a rate of'$10.00 per terns wide the Florida Keys Hurricane
Recovery Foundation, ("FKHRF), previously leased to the Monroe County Long Tenn Recovery
(xroup, to allow use of die County-owned vacant Parcel at 30320 Overseas Higliway, Rig Pine Key,
FL, parcel identification number 00 111410-000 100 (also known as the Volunteer Village), to y
provide temporary housing for disaster relictworkers coordinated by FKHRF, lhrougli February
2023.
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Sliould you have any questions, please feel free to contact me at (30.5) 292-3550.
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cc: County Attorney
Finance
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KEY WEST MARATHON PLANTATION KEY PKIROTH 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 3wtu
305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 2145
RESOLUTION NO. 142 -2020
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 m
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
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
DISASTER RELIEF OPERATIONS.
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 and/or its Board of County Commissioners("Board")that is not needed for other County purposes, to
apply toihe-Board of County Commissioners to lease such property; and
cv
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 LO
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 ]eased 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 v,
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
September 10,2017, and
0
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
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
not-for-profit and faith-based organizations across the country; and
1 of'?
Packet Pg. 2146
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
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
centralized location;and
WHEREAS, on or about August 151h, 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`h,2018,
and scheduled to terminate on August 10,2020; 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`h, 2018, and was not
needed for any other purposes at that time; and
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
0
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
WHEREAS, LTRG has submitted a written request to the Board, through a letter from LTRG
Executive Director Michelle Luckett dated May 1", 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.
("FKHRF"),a Florida not-for-profit corporation formed in December 2017,is another qualified entity qualified
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 W
new Lessee under the Lease, and(02.)to extend said Lease's life through February 20`h,2023; and
cv
WHEREAS, in said written application from the LTRG to the Board, LTRG has further represented
that LA.,)the LTRG currently meets all current insurance requirements required by the operative Lease, '
that the LTRG will be dropping its insurance policy(ies) for the subject property as of June I", 2020.and(C.,)
that the LTRG has been assured that the FKHRF has secured the insurance policy(ies) required to assume E
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,
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.
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
2 of 3
Packet Pg. 2147
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.
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 20"'day of May 2020.
Mayor Heather Carruthers Yes
Mayor Pro Tern Michelle Coldiron Yes m
Commissioner Craig Cates Yes _
Commissioner David P. Rice Yes
Commissioner Sylvia J. Murphy Yes
BOARD OF COUNTY COMMISSIONERS OF MONROE c
COUNTY,FLqRIDA.,BY:
Mayor eachAAruthers
(SEAL)
L)
ATTEST;.f&VIN MADOK,CLERKWWWWODWYATFOR_
' rOMRM
Bay_
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AS DEPUTY ftERK `=
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Packet Pg. 2148
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Packet Pg. 2149
D.4.g
County of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor David Rice.District 4
The Florida Keys Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage,District l
George Neugent. District 2
Heather Carruthers.District 3
County Comnussion Meeting
August 15, 2018
Agenda Item Number: D.6
Agenda Item Summary #4503
BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery
TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington
NA c
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
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
the Florida Keys on September 10, 2017, a range of non-profit and faith-based organizations have
provided their resources and services to support post disaster recovery. Now, as we enter the long-
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 CD
of non-profit and philanthropic resources, and avoid a duplication of efforts among all member LO
organizations. Due to the severe shortage of workforce housing in Monroe County, nonprofit and
faith-based organizations are unable to house relief workers. The LTRG, therefore, approached the W
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 E
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.
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. E
e
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
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. 2150
D.4.g
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
Special Warranty Deed
FINANCIAL IMPACT:
Effective Date: August 15,2018 2
Expiration Date: August 14, 2020
0
Total Dollar Value of Contract: $20.00
Total Cost to County: 0
Current Year Portion: 0 E
Budgeted: NA
Source of Funds: NA
CPI: NA
Indirect Costs: NA
Estimated Ongoing Costs Not Included in above dollar amounts: NA
N
Revenue Producing: YES If yes, amount: $20.00
Grant: NA
County Match: NA `=
Insurance Required: YesLO
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:
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
Board of County Commissioners Pending 08/15/2018 9:00 AM
Packet Pg. 2151
OUR
re Kevin Mad* cPA
r Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: September 21, 2018
TO: Helene Wetherington, Director
Local Disaster Recovery Department
FROM: Pamela HancoC.
SUBJECT: August 15t'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 with die Monroe
County Long Term Recovery Group (LTRG) to allow use of the County owned vacant lot at
30320 Overseas Highway, Sig 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.
Please note drat 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 W
free to contact me at extension 3130.
LO
N
cc: S.Kaple MCLTRG
County Attorney
Finance y
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,FWWa 33040 Marathon,Florida 33050 Plantation Key,Rorida 33070 Plantation Key,Rorida 33070
305-294-4641 305-28"027 305-852-7145 305-8 Packet Pg. 2152
RESOLUTION NO. 21.8- 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
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 W
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
0
the board of county commissioners to lease such property; and
0
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 the property to m
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 y
application has been made, the purpose for which the leased property is to be used, the rent and
terms of the lease; and
cv
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 LO
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 }lousing needed for disaster relief workers that otherwise
may be available from many not for profit and faith-based organizations across the country; and
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. 2153
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
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 Land 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 Cleric 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. W
Section 4. This resolution shall become effective upon adoption.
N
PASSED AND ADOPTED by the Board of County Commissioners of Mogve
LO
County,Florida at a regular meeting held on the 15th day of August, 2018. rn
cam.r*i
Mayor David Rice Yes
Mayor Pro Tem Sylvia Murphy Yes ` i W
�
L...-rw: Commissioner Danny Kolhage Yes =c aca. .
—� Commissioner George Neugent Yes
Commissioner Heather Carruthers Yes -
BOARD OF COUNTY COMMISSIONERS
VIN MADOK, CLERK OF MONROE OUN , FLORIDA
By: By:
Deputy Clerk Mayor David Rice
MONROE COUNTY ATTORNEY'S OFFICE
P(L ° _
PATRICIA EABLES
ASSISTANT C i A RNE=Y
DATE: — --
Page 2 of 2
Packet Pg. 2154
LAND LEASE AGREEMENT
MONROE COUNTY LUNG 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
principal address is P. O. Box 4767, Key Vilest, Florida, 33041 ("Lessee" 1 "Long Term
Recovery Group").
0
WHEREAS, Monroe County in 2004 purchased and now owns the property located at
30320 Overseas Highway, Big Pine Key, Florida('Premises"); and
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
WHEREAS, the Lessor has determined that the availability of affordable housing for
nPrennc ;n the work force is critically low in Monroe Coun • and
N
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
Premises was to be able to use the Premises for the staging of pre-disaster and post-disaster E
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
';V911 EREAS, the parties desire to enter into this Land Lease Agreement("Lease")for the
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 subj ect to that certain Easement as set forth in a Special
t
Packet Pg. 2155
Warranty Deed dated August 27, 1990, and recorded in Official.Records Book 11421,
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").
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
Whitehead Street,Key West,Florida 33040.
5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any
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.
N
Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance,
LO
either (1) a Certificate of Insurance or, (2) a Certified copy of the actual insurance40
policy. The Lessor, at its sole option, has the right to request a certified copy of any W
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
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. 2156
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 infirastructure is
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 sate 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
not apply to the Lessor.
9. Records--Access and Audits. The Lessee shall maintain all books, records, and y
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
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.
LO
14. 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 y
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
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
individual,property,or corporation.
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;
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. 2157
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 defauMreach 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, them 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
to forego the provisions of this paragraph and any subsequent default shaII 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 E
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,
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 LO
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 v,
use and occupation of the Premises,
E. Lessee shall be solely responsible for operating and maintaining the Premises,
including all utilities, security, enforcement of rules and regulations, programs,
transportation,and any and all other aspects of operations.
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
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. 2158
accept the leased Premises as now being in fit and tenantable condition for all
purposes of the Lessee.
1. 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.
1. 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,
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13. Lessee Covenants. Lessee covenants and agrees as follows:
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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,
weeding,trimming of plants and trees, and trash removal.
C. Lessee will limit access to the Premises to staff, employees, registered relief y
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
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
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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 a
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
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 BGCC 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
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.
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B. Lessor shall provide to Lessee access to the secured Premises for the purpose o
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
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.
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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
of this Lease or adopted after that date.
18. Licenses. Lessee shall be responsible for and provide all licenses required by all y
local, state,and federal agencies.
19. Cessation of Long Term Recover
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
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damage to the Premises which has occurred due to the use contemplated under thisCD
Lease shall be immediately repaired and the Premises restored to its original W
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.
20_ Premises to be Used for Lawful Purposes. It is expressly covenanted between
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
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
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due directly or indirectly to the use of the leasehold Premises or any part thereof by
Lessee.
21. Lunitation 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
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.
23. Rules and Regulations.
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,
state, and county gover unents, and any and all plans and programs developed in
compliance therewith, which may be applicable to its operations, including
specifically, without limiting the generality thereof, federal safety laws and y
regulations, and federal, state, and county environmental, hazardous waste and
materials and natural resources laws,regulations,and pernnits.
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 Riaht 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 tunes 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
operation of said business,unless authorized by the Lessor to do so.
25. Leasehold)<mrovements. The Lessee agrees not to make any alterations to
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.
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 Responsffiffity 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.
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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
reserved to the Lessor.
29. Indemnification 1 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
within this agreement.
30. Governing-Law Waue, and Interpretation: This Lease shall be governed by and y
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.
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The Lessor and Lessee agree that, in the event of conflicting interpretations of theLO
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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. W
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 n
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
effective.
32. Severability. If any term, covenant, condition, or provision of this Lease for 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,
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.
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33. Attorneys 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 party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, 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.
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. 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
purpose of this Lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each party prior to submission.
37. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all y
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
seek such relief or remedy as may be provided by this Lease or by Florida law.
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38. Coo eration. In the event any administrative or legal proceeding is instituted against `=
either party relating to the formation,execution,performance, or breach of this Lease,
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Lessor and Lessee agree to participate, to the extent required by the other party, in allCD
proceedings, hearings, processes, meetings, and other activities related to the W
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
court of competent jurisdiction that discrimination has occurred, this Lease
automatically terminates without any fin ther action on the part of any party, effective
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
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
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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 1994 (42 USC s. 12101 Mote), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code, Chapter 14, Article 11, which prohibits discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
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.
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.
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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
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 y
contractual relationship; and disclosure or use of certain information.
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
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other consideration contingent upon or resulting from the award or making of thisCD
Lease. For the breach or violation of this provision,the Lessee agrees that the Lessor W
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
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
shall have the right to unilaterally cancel this Lease upon violation of this provision
by Lessee.
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.
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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
fixnctions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
46. LL *al Obligations and ResQonsibilities. Non-Delegation of Constitutional or
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
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
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 y
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.
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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. LO
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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 W
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
together shall constitute one and the same instrument and any of the parties hereto
may execute this Lease by signing any such counterpart.
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
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
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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.
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
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IN WITNESS WHEREOF, the parties hereto have set their hands and s the dapandn
year first above written. rr—' . r m
C.
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LESSOR: _® o
BOARD OF COUNTY CONaS SION;RS �'' CD
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N MA OK , CLERK OF MONROE AFLO A `=
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J By
putt'Clerk Mayor David Rice
LESSEE:
WITNESSES: MONROE COUNTY LONG TERM
RECOVERY GROUP,INC.
By 7l�/•�
Step aple
Print Name Print Name
Title Chair
Print Name MON E COUNTYA'TTORNEY'S OFFICE
PR VEDAS TOO M
PATRICIA FABLES
ASSISTANT COUNTY ATTMNEY
12 DATE: 4- 1!7
Packet Pg. 2166
• D.4.g ''
creel 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.
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P_.W-CL13
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. Seiga1 and Leda Grodsky Seigel, 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.
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EXHIBIT "B" TO LEASE
Insurance Requirements
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GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
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❑peratia
■ Blanket Contractual Liabil t[y
• Personal Injury Liability
The minimum limits acceptable is:
S 1,000,000 Combined Single Limit(CSL)
An Occurrence Form policy N preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage far claims riled on or after the effective date of this contract.
In addition,the period for which claims may be re
paried should extend for s minimum of twelve
(12)months following the acceptance of►vork by the County. W
The Monroe County Board of County Commissioners will be named as Additional insured on all
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policies issued to satisfy the above requirements.
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Adm1n1WW%v ImirucHan 7500.7
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Packet Pg. 2169
late Edition
WORKERS'COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
Priorto the commencement orwork governed by this contract,the Contractor will obtain Workers'
Compensation Insurance with limits sufficient to respond to the applicable Workers'
Compensation state satuies and the requirements orChapter 440,Florida Statules.
In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less o
than:
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$1,000,00Q Bodily Injury by Accident
$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.
Cvvera�e 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 Fknida's Department of Labor, as an authorized se1F W
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
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or 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 regnirod,
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In addition,the Contractor may be required to submit updated financial statements from the fund
upon request rrom the County.
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Adminisim lve tnsrvc0m 79W
Packet Pg. 2170
2W Union
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prier to the commencement of work, shalt obtain Business Automobile Liability Insurance.
Coverage will be maintained throughout the life of the contract and include,as a minimum,liability
coverage for:
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• O+vned,Nan-[honed,and Hired Vehicles
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The minimum limits acceptable is: E
$1,00,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
S 5d0,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
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The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies Issued to satisfy the above requirements.
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Administrative:mtneciion 7500.7
Packet Pg. 2171
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ALL RISK PROPERTY INSURANCE REQUIREMENTS
FOR
LEASESIRENTALS OF COUNTY-OWNED PROPERTY
BETW EEK
MONROE COUNTY,FLORIDA
AND
Prior to the Lemee occupying the leased property that is the subject of this agreement,the Less= �
will obtain All Risk Property Insurance (to include the perils of Flood and Wind)with litnits no
less than the Full Replacement Cost Value or the property being]eased or rented.Coverage will
be maintained throughout the life of the lease and will inctude,as a minimum,coverage for:
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Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners must be named as Loss Payee on all
policies issued to satisfy the above requirements.
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A&Widstmeiva to tmolnn 75M.7
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NON-COLLUSION AFFIDAVIT
i, Mi"is Lydk4 of the city of mo,r04 tari. 02;64�0. _..
according to law on my oath,and under penalty of perjury, depose and say that:
of the firs of fi6N rM3.SAN 'a{, L "%Icru GM u o
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the bidder making the Proposal for the project described in the Request for
Qualifications for. p
and that I executed thl said propolial with fall authority to do so: •11 (�
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 y
competition;
S. the statements contained In this affidavit are true and correct,and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
a idavit in award[ g contracts for said project.
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STATE OF: Ct4C)F-ibA
COUNTY OF: Wane
PERSONALLY APPEARED BEFORE 1 I a I b6-�I�1�
E ORE ME, the undersigned authority, Ut LLd y
who, after first being swam by me, (name of individual signing) affixed hisfher signature in the
space provided above on this J2—day of_, pTzS#1 d- 201<,.
,�•s�` G J LINOEBEAG NOTARY PUBLIC
Notary Public-State of Florida
i• r Nty Comm,Expires Sep 2B, Ol B
f ��.•` Commission#FF 164055
My Commission Expires;
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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
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list"
I have read the above and state that neither t"14 W (Proposers
name)nor any Affiliate has been placed on the convicted vendor list 'thin the last 36 m nths.
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(Signature)
Date: _
5'1'A"l"E OF: 61-:;e
ILA
COUNTY OR Igoe W
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Subscribed and sworn to(or rmed)before me on the day of� �PT601 6&k N
20-L1 C-,by 1G UA Z L L& U C"11 (name of affiant). He/She is personally known to
me or has produced +tD Lt Cfso.]�srs LO
(type of identification}as
identification.
My Comm E t
',IIHI p y.,'
N TA Y PUBLIC a•� B J LINOEBERG
Notary Public-State of Florida y
?� =My Comm.Expires Sep 29.2018 r
"9 Commission#FF 164055
Packet Pg. 2174
DRUG-FREE WORKPLACE FORM
The undersigned vendor In accordance with Florida Statute 287.087 hereby certifies that
Y are of Business) C�ro►��,_,_.....__.... _—.....
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
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 5
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
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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 subsea€on (1), noft 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 gutty
or noio contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any stater for a violation occurring In the workplace no
later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or W
rehabilitation program if such is available In the employee's community,or any employee who is
so convicted.
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6. Make a good faith effort to continue to maintain a drug-free workplace through
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implementation of this section.
As the person authorized to sign the statement, i certify that this firm complies fully with the
above requirements.
Respondent's Signature
oth+[
Dalki
G J f_iNOEBERG
4�1Y Pjgb
let Notary Public-State of Florida
_ rH Comm.Ex Irea se 2s,�o1s N."Y6L.
?r# y P R
Commission#FF 164055
— My Commission Expires: t
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or
MONROE COUNTY
Long Term Recovery Group
May 1,2020
Ms.Juanka Jones,AI[IP,PMP
Housing Recovery Administrator
Monroe County Government
Marathon Government Center
2798 Overseas Highway,2'Fl. e
Marathon, FL 33050
Dear Ms.Jones,
As we have discussed,the Monroe County Long Term Recovery Group(LTRG)in accordance
with Sections .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. '✓
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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 LO
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. E
Lastly,the Monroe County Long Terre 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 y
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,
&a&
Michelle Luckett
Executive Director
Monroe County Long Tenn Recovery Group
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AMENDMENT TO LAND LEASE AGREEMENT
THIS AMENDMENT TO LAND LEASE AGREEMENT, dated this day of
Flo�I;W 2020,by and between MONROE COUNTY,apolitical subdivision of the State of
einafter referred to as "LESSOR") and FLORIDA KEYS HURRICANE
RECOVERY FOUNDATION INC.,a Florida not-for-profit corporation("FKHRF"):
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
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WHEREAS, Section 2. of said lease provides that Lessor may grant additional renewal
term(s)thereinafter"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
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
WHEREAS, Former Lessee has requested for Lessor to approve an amendment to the
instant lease(A.1 releasing the Former Lessee MONROE COUNTY LONG TERM RECOVERY
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(ff.)extending the instant lease's term to up to and including February 20'h,2023; and
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WHEREAS, subject to and upon the condition of Lessor's approval of a duly authorized
Monroe County Board of County Commissioners-issued Resolution(AJ approving the release of
the Former Lessee from this tease and approving authorization for FLORIDA KEYS
HURRICANE RECOVERY FOUNDATION INC. to assume the status of the operative Lessee
under this lease, M. approving an extension of this lease's term to up to and including February
20',2023, and(C.,)FKHRF's satisfactory assumption and fulfillment, as determined by the JC 1
Monroe County Risk Management Office and LC2. by the Monroe County Attomey's Office,of
all insurance requirements required under this Lease, the Lessor and FKHRF desire to enter into
this Amendment to Land Lease Agreement;
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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:
t. 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. 2179
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 =
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 Florida
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.
11. Section 2. is hereby revised to read as follows: E
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 20'', 2023.
111. Section 16.5 is hereby added to said Lease,and shall read as follows:
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16.5. No Successors or Assigns. FKHRF shall not assign or sublease its obligations under this
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Lease, except in writing and with the prior express written approval of the County and consistent N
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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:
42.5. Disclosure,Conflict of Interest,and Code of Ethics.
WFKHRF 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.
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.
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�C)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 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.
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 =
INC. (hereinafter referred to as the same,"FKHRF",or"CONTRACTOR")shall comply with all
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
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.
FKHRF must comply with all Florida public records laws, including but not limited to Chapter
119,Florida Statutes and Section 24,Article 1,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
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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.
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
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.
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(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. If FKHRF transfers all public records to the County upon completion of this
Lease,then FKHRF shall destiny any duplicate public records that are exempt or confidential and
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 o
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 E
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. E
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
compliance provisions, notwithstanding its (i.e., the County's) option and right to unilaterally
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.
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FKHRF shall not transfer custody,release,alter,destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
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 y
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN u]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:
55. Financial Responsibility.FKHRF shall not pledge the County's credit or make it a guarantor
of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness.
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_
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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:
A. Public Entities CrimealConvicted 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
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
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 o
Statutes, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
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.
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
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convicted vendor list.
CONTRACTOR willlshall 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. 010-1990 and 020-1990. 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-
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 I1 to Part 200,as
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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).
2. Davis-Bacon Act,as Amended (40 U.S.C.3141-3148). When required by Federal
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
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
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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)_ y
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
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
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. Riehts to Inventions Made Under.a,Contract or Aereement. If the Federal
6 of 9
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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
Business Firms Under Government Grants,Contracts and Cooperative
Agreements,"and any implementing regulations issued by the awarding agency.
5. Debarment and Suspension (Executive Orders 12549 and 12689).A contract
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 Comp., p. 189)and 12689(3 CFR part 1989 Camp.,p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties o
debarred, suspended,or otherwise excluded by agencies,as well as parties
declared ineligible under statutory or regulatory authority other than Executive
Order 12549. E
6. Byrd Anti-Lobbying Amendment 31 U.S.C. i352).Contractors that apply�� . .._ pP Y 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
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
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forwarded from tier to tier up to the non-Federal award.
7. Procurement of recovered materials as set forth in 2 CFR§ 200.322.
S. Americans with Disabilities Act of 1990(ADA). FKHRF 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. Disadvantaged 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,
shall have the opportunity to participate in the performance of agreements financed
in whale or in part with County funds under this agreement.The DBE
requirements of applicable federal and state laws and regulations may apply to this
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
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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_Rer-ulations.MRCS administers the EWP program through the following
authorities:
• 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-
334; and
• Section 382, Title ill,of the 1996 Farm Bill Public Law 104-127; and
■ Codified rules for administration of the EWP program are set forth in 7 CFR _
624.
12.Attestation and Truth in Negotiation.FKHRF agrees to execute such documents as
County may reasonably require, including a Public Entity Crime Statement,an Ethics Statement,
and a Drug-Free Workplace Statement. Signature of this Lease by FKHRF shall act as the o
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 E
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 E
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
previously approved,except those expressly modified and rendered inconsistent by
this Amendment,remain in full force and effect and binding upon the parties. W
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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
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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.
6. This Amendment is binding on the successors and assigns of the parties.
7. The legal effectiveness of this Amendment is contingent upon FKHRF'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. e
IN WITNE S WHEREOF, the undersigned executed this Amendment to Land Lease
Agreement this day of , 2020.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY
BLANK
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S
LESSOR: �J
MONROE COUNTY BOARD OF f
COUNTY C I IONERS (SEAL) ,
ATTIEST� KEVIN MADOK, CLERK
By: By:
ayor Madicr Carruthers As Deputy Clerk
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LESSEE: WITNESSES AS TO LESSEt�, '� __
FLORIDA KEYS HURRICANE r
RECOVERY FOUNDATION INC., Signed, sealed and delivered
a Florida limited liability company, -
-r�
n �
By. and i Name 'f Wa
(Print � ) Witness Na. I4ahoAe((Pand Si� �
[;t o r c��a. tf_e>gc,tj Name)Su Sill] /X. 1'0
Date: Jam-- 41 `"' 2020 Date: d -
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Witness No. 2 as to Lessee (Arint and Sign
Name)7k O-t-j C� cv.S fi
Date: Zoya
STATE OF FLORIDA n
COUNTY OF MONROE
BE IT KNOWN,the foregoing instrument was acknowledged and attested before me on
y f ► rtoralt.- ,who is
z _day of�, 2020 b �� �..
personally known to me o as produced as
i en i nation,and did take an oath. —7
[Seal]
I tiaa pra THOblic 7-atofWRIGHT
Notary Public State of F;orida
iu,; Cornm:ssior,x GG 321628
NOTARY PUBLIC 4 ` 'i ' My Comm-Cxpves Jul 6.2023
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Bonded through vaticral Notary Assr..
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Packet Pg. 2187
D.4.g
County of Monroe BOARD of COUNTY4 COMMISSIONERS
Mayor David Rice,Districtict4
The Florida Ke s Mayor Pro Tern Sylvia J. Murphy,District 5
y Danny L.Kolhagc.District l
George Neugent.District 2
I leather Carruthers.District 3
County Comnussion Meeting
August 15, 2018
Agenda Item Number: D.6
Agenda Item Summary #4503
BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery
TIME APPROXIMATE: STAFF CONTACT: Helene Wetherington
NA c
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 E
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. E
ITEM BACKGROUND: Since the devastating impacts of Hurricane Irma, which made landfall in
the Florida Keys on September 10, 2017, a range of non-profit and faith-based organizations have
provided their resources and services to support post disaster recovery. Now, as we enter the long-
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 20I8 to effectively communicate unmet needs, maximize the coordination CD
of non-profit and philanthropic resources, and avoid a duplication of efforts among all member LO
CD
organizations. Due to the severe shortage of workforce housing in Monroe County, nonprofit and
faith-based organizations are unable to house relief workers. The LTRG, therefore, approached the W
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.
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. E
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
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. 2188
D.4.g
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
Special Warranty Deed
FINANCIAL IMPACT:
Effective Date: August 15,2018
Expiration Date: August 14,2020
0
Total Dollar Value of Contract: $20.00
Total Cost to County: 0
Current Year Portion: 0 E
Budgeted: NA
Source of Funds: NA E
CPI: NA
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
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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:
Helene Wetherington Completed 07/26/20 1 8 4:36 PM
A.].]l.]tLLllt County Administrator Christine Hurley Completed
07/26/2018 4:48 PM
Patricia Eahles 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
Board of County Commissioners Pending 08/15/2018 9:00 AM
Packet Pg. 2189
Kevin Madvk, cPa
; ....
Clerk of the Circuit Court 8� Comptroller--Monroe County, Florida
.
C
DATE: September 21, 2018
TO: Helene Wetherington, Director
Local Disaster Recovery Department
FROM: Pamela Ha.ncoC.
SUBJECT: August 15a' BOCC Meeting
Attached is an electronic copy of Item D6, Resolution No. 218-2018 pursuant to F.S.
125.38 approving a two Year Luse Agrecznent at a rate of$10.00 per term witli tine Monroe
County Loiig'l'cnn Recovery Group (LTRG) to allow use of the County owned vacant lot at
30320 Overseas Iligliway, Big Pine Key, FL, parcel ID 00111410-000100, to provide temporary
housing for disaster relief workers coordinated by L 1'RG, for your dandling.
A certified copy lzas been mailed to Steplianie Kaple as directed in Section 3 of the subject
Resolution. y
Please note that the required insurance must be provided prior to commencement of work
governed by die contract(Page 2 of the Contract#G). Sliouid you lxave any questions, please feel W
free to contact me at extension 3130.
CD
CD
LO
cc: S.Kaple MCLTRG
County Attorney
Finance v,
File
KEY WEST MARATHON PLANTATION KEY PKIROTH 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,Flarida 33070
305-294-4641 305-289-6027 305-852-7145 305-8 Packet Pg. 2190
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
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
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 e
0
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 the property to
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
application has been made, the purpose for which the leased property is to be used, the rent and
terms of the lease; and
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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 LO
WHEREAS, the LTRG is made tip 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 a
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
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. 2191
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
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: 5
Section I. The Board hereby adopts the foregoing as findings of fact.
0
Section 2. The Board approves the Land 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
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.
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PASSED AND ADOPTED by the Board of County Commission2e of Mo&oe
County, Florida at a regular meeting held on the 15"' day of August, 2018. C3 LO
C rr, rn W
Mayor David Rice Yes '�' Z2
Mayor Pro Tem Sylvia Murphy Yes ` C
sr9- � Commissioner Danny Kolhage Yes =r=� a�.x_.
�ZO Commissioner George Neugent Yes
-4 c3
'PA Commissioner Heather Carruthers Yes
BOARD OF COUNTY COMMISSIONERS
eY; . �VIN MADOK, CLERK OF MONROE COUN Y,FLORIDA
By:
Deputy Clerk Mayor David Rice
MONROE COUNTY ATtORNEY'S OFFICE
-�APPRaVE�S�TQ� �
PATRICIA EASLES
ASSISTANT COU A NEY
DATE: t� ` ice—
Page 2 of 2
Packet Pg. 2192
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
principal address is P. O. Box 4767, Key West, Florida, 33041 ("Lessee" 1 "Long Term
Recovery Group").
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WHEREAS, Monroe County in 2004 purchased and now owns the property located at
30320 Overseas Highway, Big Pine Key, Florida("Premises"); and
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
WHEREAS, the Lessor has determined that the availability of affordable housing for
nersnnc in the work force is critically low in Monroe County; and
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WHEREAS, Lessee's mission includes providing temporary housing facilities for relief W
workers coordinated by the Long Term Recovery Group providing services to the Florida Keys
community after a disaster; and
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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
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
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Packet Pg. 2193
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 terns, 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
periods, payable in advance and remitted to Monroe County Clerk's Office, 500
Whitehead Street,Key West, Florida 33040.
5. Taxes. The Lessee shall pay all taxes and assessments, if any, including any
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.
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Lessee shall provide to the Lessor, as satisfactory evidence of the required insurance,
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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
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
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Packet Pg. 2194
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.
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
not apply to the Lessor.
9. Records—Access and Audits. The Lessee shall maintain all books, records, and y
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
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.
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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, a
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 n
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
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
individual,property,or corporation.
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;
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 terns of this Lease.
D. Lessor may terminate this Lease upon giving sixty (54) days' prior written notice
to the Lessee.
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Packet Pg. 2195
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 severs (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
to forego the provisions of this paragraph and any subsequent default shall be grounds
for termination.
12. Pse 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 E
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,
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 LO
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 v,
use and occupation of the Premises.
E. Lessee shall be solely responsible for operating and maintaining the Premises,
including all utilities, security, enforcement of rules and regulations, programs,
transportation, and any and all other aspects of operations.
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
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. 2196
D.4.g
accept the leased Premises as now being in fit and tenantable condition for all
purposes of the Lessee.
1. 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.
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13. Lessee Covenants. lessee covenants and agrees as follows:
0
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,
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
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
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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.
IL 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
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
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 fiirther 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.
=J
Packet Pg. 2197
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
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 o,
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.
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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
of this Lease or adopted after that date.
18. Licenses. Lessee shall be responsible for and provide all licenses required by all y
local, state,and federal agencies.
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
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damage to the Premises which has occurred due to the use contemplated under thisCD
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 a
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.
20_ Premises to be Used for Lawful Purposes. It is expressly covenanted between
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
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
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Packet Pg. 2198
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
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.
23. Rules and Re Iations.
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,
state, and county governments, and any and all plans and programs developed in
compliance therewith, which may be applicable to its operations, including
specifically, without limiting the generality thereof, federal safety laws and y
regulations, and federal, state, and county environmental, hazardous waste and
materials and natural resources laws, regulations, and permits.
B. VIOLA:IONS. 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,
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employees, or invitees have violated any law, ordinance, regulation, rule, orCD
directives described in 23(A) above.
24. Conn 's Right of Ent . The Lessor reserves the right hereunder to enter a
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
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.
25. Leasehold Imnrovements. The Lessee agrees not to make any alterations to
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.
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. &Wonsihkty 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.
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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
reserved to the Lessor.
29. Indemnification 1 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
within this agreement.
30. Governing Law, Venue, and Interpretation: This Lease shall be governed by and y
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.
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The Lessor and Lessee agree that, in the event of conflicting interpretations of theLO
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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_ W
31. Entire Agreement. This writing embodies the entire agreement and understanding a
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 n
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
effective.
32. Severabiiiiy. 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,
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.
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Packet Pg. 2200
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 party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include attomey'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.
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 o,
representatives, successors,and assigns.
35. Authorily. 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
purpose of this Lease; provided that all applications, requests, grant proposals, and
funding solicitations shall be approved by each parry prior to submission.
37. Adjudication of Disputes or Disagreements. Lessor and Lessee agree that all y
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
seek such relief or remedy as may be provided by this Lease or by Florida law.
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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,
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Lessor and Lessee agree to participate, to the extent required by the other party, in allCD
proceedings, hearings, processes, meetings, and other activities related to the W
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 a
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
court of competent jurisdiction that discrimination has occurred, this Lease
automatically terminates without any further action on the part of any party, effective
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
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
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Packet Pg. 2201
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 Mote), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; 10) Monroe County
Code, Chapter 14, Article 11, which prohibits discrimination on the basis of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
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.
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.
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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
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 y
contractual relationship; and disclosure or use of certain information.
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
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other consideration contingent upon or resulting from the award or making of thisCD
Lease. For the breach or violation of this provision, the Lessee agrees that the Lessor a)
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, a
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
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
shall have the right to unilaterally cancel this Lease upon violation of this provision
by Lessee.
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.
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• D.4.g ''
45. Privileges_and Immunities. All of the privileges and immunities from liability,
exemptions from Taws, 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
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
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.
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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
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.
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. LO
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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 W
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 a
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 shalt be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Lease by signing any such counterpart.
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
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
tl
Packet Pg. 2203
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 attomey'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.
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
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IN WITNESS WHEREOF, the parties hereto have set their hands and s s the d63;ancl*F �
year first above written. �rC—' r`*l rrn
ca r•-: —p t
l nu. Wy rn
r LESSOR:
4 BOARD OF COUNTY COMi�NSIONJMS
:Ga N MADGK , CLERK OF MONROE AFLO A
y
c®,ry r
Byin �r F By
eputy Clerk Mayor David Rice
LESSEE:
WITNESSES: MONROE COUNTY LONG TERM
RECOVERY GROUP, INC.
By
Steph aple
Print Name Print Name
Title Chair
Print Name MON QE COUNTY ATTORNEY'S OFFICE
Ll A PROVED AS TO O M
PATRICIA FABLES
ASSISTANT COUNTY AY09NEY
12 DATE:
Packet Pg. 2204
Eiauw w To LEASE
Parcel 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 Sig 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 1'50.0 feet to the POINT OF BEGINNING.
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Parcel II
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. a,
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i
EXHIBIT "B" TO LEASE
Insurance Requirements 5
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14
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20I8 fSI1HOA
GENERAL LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
AND
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 or the
contract and include,as a minimum:
• Premises Operations o
Products and Completed Operations
Blanket Contractual Liability
• Personal Injury Liability
The minimum limits acceptable is:
S 1,O00,000 Combined Single Limit(CSL)
An Occurrence Farm 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.
!n a itian, the period for which claims may be reported should extend for a minimum of twelve
(12)months following the acceptancc of work by the County.
The Monroe County Board of County Commissioners will be named as Additional Insured on all
policies issued to satisry the above requirements.
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GL3
Adminiaintht Instruction 7500.7
55
Packet Pg. 2207
2U1B�lilion
WORKERS'COMPENSATION INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY. FLORIDA
AND
Prior to 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 e
than:
0
S I,000,000 Bodily Injury by Accident
S1,000,000 Bodily Injury by Disease,policy limits
S1,000,000 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.
if the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County may recognize and horror the Contractor's status. The Contractor ma 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. c®
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. LO
In addition,the Contractor may be required to submit updated financial statements from the fundCD
upon request front the County.
WC3
Admiolsimilvc Insimctlon 7500.7
Packet Pg. 2208
cuts Maim
BUSINESS AUTOMOBILE LIABILITY INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY,FLORIDA
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-
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• Owned,Non-Owned,and Hired Vehicles
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The minimum limits acceptable is: E
$1,000,000 Combined Single Limit(CSL)
If split limits are provided,the minimum limits acceptable are:
S 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board ofCounty Commissioners will be named as Additional Insured on all
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policies issued to satisfy the above requirements. N
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Administratitie instruction 1500.7
3z
Packet Pg. 2209
MIA Edition
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]eased or rented. Coverage will
be maintained throughout the life of the lease and will include,as a minimum,coverage for:
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Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners must be named as Loss Payee on ail
policies issued to satisfy the above requirements.
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ARP
Administrative Instrecdon 7SM.?
39
Packet Pg. 2210
NON-COLLUSION AFFIDAVIT
`tW Ilk Lui✓lr-a4 of the city of Moxok Lan F lovilla
according to law on my oath, and under penalty of perjury, depose and say that:
1. 1 am ±6L c b inisler
of the firm ofai»
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said propo al with full authority to do so: V
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
bidder prior to bid opening, directly or indirectly, to any other bider 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
knowledge that Monroe County relies upon the truth of the statements contained in this
a idavit in awards g contracts for said project. W
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(Signature of Respondent) ( a e)
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STATE OF:
COUNTY OF: f {oaob'
PERSONALLY APPEARED BEFORE ME,the undersigned authority,tochistlx
i� y
who, after first being sworn by me, (name of individual signing) affixed hislher signature in the
space provided above on this-0—day of 9ppFIL5H- G(- 20—lk-. E
Es , y
�,,,,��,: G d LIN6EBERG NO ARY PUBLIC
_ Notary Putsli�-5tate oT Florida*,_My Comm.Expires Sep 29,2010"•�'� Commission #FF 164055
My Commission Expires: a I
Packet Pg. 2211
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
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list."
OR("`c���. L
I have read the above and state that neither c.�t �ov (Pmposer's
name) nor any Affiliate has been placed on the convicted vendor list ithin the last 36 m nths.
PU114 _
(Signature)
r �
Date:
STATE OF:
COUNTY OF: k'10090K W
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Subscribed and sworn to(or firmed)before me on the �� day of �wrrn&ak
20-W,by (name of afant). He/She is personally known to c®
me or has produced LO
I+tD Lc CCs7��a (type of identi fi cation)as
identification.
My Cornet Ex es t
<�" '� G J L1NDE8ERG
N TA Y PUBLIC �,._
: • _ Notary Public-State v1 Florida y
WNoy Comm.Expires Sep 29.2018 r
Commisslan #FF 164055
Packet Pg. 2212
DRUG-FREE WORKPLACE FORM
The undersigned vendor In accordance with Florida Statute 287.087 hereby certifies that:
Y _ge&&Y# C7rlra V�
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 Mangers of drag abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee 5
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).
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 E
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.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or W
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
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6. Make a good faith effort to continue to maintain a drug-free workplace through
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implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
1 ¢,
P'
Respondent's Signature
Ott(+[
Dafe
4Y P
= Notary Public- EBFRG
State pT Florida' INOA'
LlC
My Comm.Expires Sep 29,2 116
F,, Commission FF 164655
My Commission Expires:
Packet Pg. 2213
D.4.h
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,
W I T N E S S E T H:
That the said party of the first 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
following described land situate, lying and being in the County
of Monroe and State of Florida, to wit: _
y ,
The tract of land described on Exhibit "A"
attached hereto and by this reference = s <;
expressly made a part hereof (the ® ssF
"Property") . > „s,:;
a�f,
Subject to easements, conditions,
reservations, restrictions and limitations
of record; to applicable zoning rules and
regulations and other requirements imposed o £
by governmental authorities; and to taxes r' Q1,t
for the current and subsequent years.
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Reserving, however, unto the party of the NJ
'
first part, its successors and assigns, an
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easement in, over, under, upon and across
the tract of land described in Exhibit "B" CZ
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 `�s '
hereof. o
BY ACCEPTANCE OF DELIVERY OF THIS SPECIAL WARRANTY
DEED, PARTY OF THE SECOND PART, INTENDING TO BIND ITSELF AND ITS `'�n
SUCCESSORS AND ASSIGNS, ACKNOWLEDGES THAT THE PROPERTY CONVEYED "' s}� v 'M
HEREBY IS ADJACENT TO REAL AND PERSONAL PROPERTY OWNED BY PARTY r " m
OF THE FIRST PART AND USED BY IT AS A FRUIT AND PRODUCE � ' n
DISTRIBUTION CENTER, AND PARTY OF THE SECOND PART ACCEPTS THE „r3
CONVEYANCE OF THE PROPERTY WITH THIS FULL KNOWLEDGE AND SUBJECT
TO THE USE OF THE PARTY OF THE FIRST PART'S ADJACENT LAND AND s '
PERSONAL PROPERTY FOR SUCH PURPOSES OR ANY OTHER LEGALLY
AUTHORIZED USE.
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THIS INSTRUMENT PREPARED BY: �0� rr
Nicolas J. Watkins, Esq. D4 we
Steel Hector & Davis 3J71:�+,s rcxrt� :
4000 Southeast Financial center DAL�tY 1 I��C1 E � },
Miami, FL 33131 81► L't«2� C i�'" �'. S
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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
consent of party of the first part or its
successors and assigns, and no building,
structure, fence, obstruction or improvement of > �
any nature shall be erected, constructed or
located on the Easement Area by party of the � . .i
second part or its successors and assigns, except
as otherwise provided herein;
>
(v) the vehicular and pedestrian ingress to and egress
from the land described on Exhibit "B" attached
hereto shall include ingress and egress in, on,
over, upon and across the driveways and
accessways, sidewalks and walkways, and exits and E
entrances now or hereafter laced or maintained
by party of the second part or its successors and
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
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
installed from time to time; with the right to x a
reconstruct, improve, add to, change the size of,
or remove such facilities or any of them; to
permit the attachment of conduits, wires, or ;� y E ,'
cables of any other company or person; the right bty
to use one or more roads or other access upon or
across said lands, the right of ingress and egress a9
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
buildings, structures, fences, wells, irrigation `,
4
systems or other improvements; and
(vii) The easement rights reserved herein shall include y t3
the right of party of the first part, its
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-
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Packet Pg.2215
652788 hE11142 aJE1546
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.
Signed, sealed and delivered C IVAL FRUIT CO PANY,
in the resence of s: a FZ7a cor,oronw.,
Title:
(Corps to eal)
STATE OF FLORIDA
COUNTY OF MONROE )
d'yf4�
The foregoing instrument wag acknowledged before me ® ;
this 23,:dL day of August, 1990 by I'Ukia M "SAc�oB_S >
the S&AX--r gg-y of CARNIVAL FRUIT COMPANY, a Florida
corporation, on behalf of the corporation.
E
WITNESS my signature and official seal at Key W6,qt
in the County of Monroe and State of Florida this £
August, 1990.
„ic/G.�„—...J /'ti �•�12'1/ r...�r � �'�n.,' jp{ f ,t�l itj�l�` �
Notary Public State.-of T�OrYdko _
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My Commission Expires: )-''�++ i
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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,
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 ,a
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 +st;
distance of 100 feet, back to the Point of Beginning. >
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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 4 yf
Section 26, thence bear East, along the South line of the j
Southeast Quarter of the Northwest Quarter of Section 26, a
distance of 24.9 feet, back to the Point of Beginning.
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�' Packet Pg.2218
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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 z
the Point of Beginning; thence continue due Westerly b
299.375 feet; thence run due Southerly 160.0 feet; I � F
thence run due Easterly 299.375 feet; thence run due
Northerly 160.0 feet to the Point of Beginning. '��'
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