Item S3 } S.3
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: S.3
Agenda Item Summary #7674
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
None
AGENDA ITEM WORDING: Approval to enter into a one (1)year Residential Lease Agreement
with County employee, Douglas Smith, as Lessee, for the Key Largo Tiny House.
ITEM BACKGROUND: A County owned Tiny House (360 sq. ft.) has become available for lease
after having passed all inspections. County staff followed the approved application process and
opened up the opportunity to all County employees and Deputies for the Monroe County Sheriff's
Dept. A tenant is eligible by submitting an application and a Supervisor's recommendation. Several
employees submitted applications for this location. On January 12, 2021, names for the employee
rentals were compiled and a drawing was conducted to select the new tenant in a manner fair to all
applicants. Douglas Smith's name was drawn for this location in Key Largo. This is the first Tiny
House to be placed into the County-owned rental properties.
PREVIOUS RELEVANT BOCC ACTION:
December 9, 2020 The Commission directed staff to offer the two current available County-
owned property locations simultaneously to Sheriff's deputies and County
staff to apply for rental of these locations.
CONTRACT/AGREEMENT CHANGES:
New Lease Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
01-20-2021_DS_Signed_Lease_Tiny wExhibits_Partial Exec
Public Works -Policy for Residential Rental Facilities
FINANCIAL IMPACT:
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Effective Date: 02/01/2021
Expiration Date: 01/31/2022
Total Dollar Value of Contract: Revenue
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Revenue
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $550.00/Month
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: The Unit became available February 01, 2021
Revenue
REVIEWED BY:
Patricia Eables Completed 01/12/2021 2:53 PM
Kevin Wilson Skipped 01/12/2021 3:56 PM
William DeSantis Completed 01/12/2021 3:59 PM
Purchasing Completed 01/12/2021 4:00 PM
Budget and Finance Completed 01/12/2021 4:03 PM
Maria Slavik Completed 01/12/2021 6:00 PM
Liz Yongue Completed 01/12/2021 6:12 PM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 20th day of January, 2021, by the parties,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, ("County" or "Lessor"), and (.ALAS SMITH, a harried person,
and Monroe County Employee, ("Lessee").
WHEREAS, the County owns a residential 360 square foot, one ( ) bedroom/one (1) bath, Tiny
House ("Premises") located at 41 Judy Place, Key Largo, Monroe County, Florida 33037; and
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WHEREAS, the County has decided that at the present time it is in the County's best interest to
enter into a lease with the Lessee upon the terms and conditions as containsherein; and i
WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and
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conditions as contained herein;
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NOW, THEREFORE, the parties agree as follows.
County leases to the Lessee the Premises located at 41 Judy Place, Key Largo,
Monroe County, Florida (RE #00456160-000100), as identified herein.
2. TERM. The term of this agreement is for one (1) year commencing on February 1, 2021, and
running through January 31, 2022. There is no automatic renewal of this Agreement. The Lessee shall
have the option to renew the Lease as long as the terms of the Lease are het. In the event that the
Lessee does not vacate the Premises and surrender it to the County upon termination of this Agreement,
Lessee will be liable for rent at a rate of Twenty and 00/100 Dollars ( 20.00) per square foot per month
prorated for the time he continues to occupy the property, as well as Cou ty's expenses and reasonable
attorney fees in obtaining possession of the property. i
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3. USE. The Premises shall be used solely for the purpose of only a "primary" residence. If the
Premises are used for any other purpose, the County shall have the option of immediately terminating this
Agreement. The Lessee shall not permit any use of the Premises in any manner that would obstruct or i
interfere with any County function or duties.
The Lessee will further use and occupy said Premises in a careful and proper manner, and not
commit any waste thereon. The Lessees all not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the Premises. The Lessee will not use or occupy said Premises for
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any unlawful purpose and will, at theLessee's sole cost and expense, conform to and obey any present or
future ordinances and/or rules, regulations, requirements, and orders of governmental authorities or _
agencies respecting the use and occupation of said Premises. i
Lessee covenants and agrees that he will, during the terra of the Lease, keep the Premises i
including the yard, in a good state of repair and in the current condition, and that upon the expiration of
the Lease he will return the Premises to the same good state of repair as when he moved into the
Premises. cv
Lessee agrees to maintain the outside lot area as to all lawn care and maintenance, to include but
not be limited to, mow the grass, trim and maintain any trees, shrubs, plants and/or flowers, water the
County-owned Property Residential Lease-Key Largo Tiny House T -
(Employee)
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grass and other greenery as needed, eliminate weeds as needed, trim appropriate trees during storm
season to avoid any safety hazards, and other such landscaping maintenances Lessee and guests shall
only park in the designated area and not on the grass. Lessee shall keep the outside of the Premises and y
lot in an acceptable and attractive condition.
The Lessee agrees that only his immediate family or an approved roommates all occupy the
Premises.
The Lessee agrees to clean the Premises at the end of the lease term and to return it tote same
condition that it was in when the Lessee accepted the Premises. The Lessee agrees to pay any fees that
the County incurs to clean the Premises, if necessary, after the Lessee vacates the Premises.
4. RE NT AND SECURITY DEPOSIT. For the use of the Premises, the Lessee shall pay the
County the current rent of FIVE HUNDRED FIFTY AND 00/100Dollars ( ) per month, with
said payment due on the first day of each and every month beginning on February 1, 2021, and
continuing up and until termination of this Lease. The Lessee shall pay a security deposit in the amount
equal to one (1) mrmont 's rent to the County prior to occupancy. The monthly payment shall be remitted to
the Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West, Florida
3304 .
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5, UTILITIES. The Lessee shall pay for the utilities including water, sewer, and electricity. The
cost of connections forte above-described utilities shall be at the expense of the County. The Lessee
shall arrange for and provide residential electric service, telephone service, and Internet / cable television
service, at his own expense. The cost of connections for residential telephone service, and internet /
cable television service shall be paid for by the Lessee.
. CONDITIONS. The Lessee, further agrees that, during the term oft is Lease:
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a) The Lessee is now and will remain an employee of Monroe County; and
b) He shall have a letter of permission from his Department Director permitting the Lessee
to execute this Lease, a copy of which is attached hereto as Exhibit "A" and made a part Ni
hereof; and
c) He shall maintain the Premises as his sole "primary" residence during the term of this
Lease and immediately notify Lessor if he shall cease to reside in the Premises as his
"primary" residence.
7. QUIET ENJOYMENT. Upon the payment by Lessee of the rents provided, and upon the
observation and performance of all the covenants, terms, and conditions onLessee's part to be observe
and performed, Lessee shall peacefully and quietly hold and enjoy the subject premises for the term i
hereby dernised without hindrance or interruption by Lessor or any other person or persons lawfully or
equitably claiming by,through, or under Lessor, subject, nevertheless, to the terms of the Lease.
ASSIGNMENT8. . This Lease may not be sold, transferred, or assigned in �
full or part without the written permission of Lessor. Any purported assignment without such prior
written consent shall be null and void. Lessee shall not have the right to sublet this Lease or any portion
of this Lease or property. `V
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9. DEFAULTS. In the event that Lessee fails, within thirty (30) days after notice, to cure any
default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event,
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(Employee)
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Lessor shall have the right to terminate this Lease Agreement and to enter upon the leased Premises and
main have, repossess, and enjoy the same as if this Lease Agreement had not been made.
10. TERMINATION BY COUNTY. This Agreement may be terminated before the expiration of
a one (1) year term, with or without cause and in the sole discretion oft e County, upon
a} Sixty (60) days' written notice by the County tot e Lessee,
b} Thirty(3 ) days' written notice by the County tot e Lessee when;
i} The Lessee fails to timely pay the County the amount described in this
Agreement.
ii} Lessee's employment with the County is terminated.
iii} The Lessee leases the Premises or assigns any interest without the required
consent under this agreement.
iv} Lessee fails to maintain the Premises as his "primary" residence; or
c} Fifteen (15) days' notice by the County to the Lessee in an emergency situation.
H. TERMINATION BY LESSEE. The Lessee may terminate this Lease upon thirty (30) days'
written notice tote County if he leaves the employ of Monroe County or ceases to maintain the
Premises as his "primary residence"; or upon fifteen (15) days' notice by the Lessee to the County in an
emergency situation.
12. INSURANCE AND HOLD HARMLESS. The Lessee agrees to carry Ten Thousand and
00/100 Dollars ( 10,000.00) in personal liability coverage on the Premises ands all provide evidence
thereof by a Certificate of Liability Insurance, a copy of which is attached hereto as Exhibit " " and
made a part hereof. Lessee will notify County upon receipt of any notice of reduction or termination of
such insurance, and shall immediately obtain replacement insurance. �
The Lessee covenants and agrees to defend, indemnify, and hold harmless Monroe County Board
of County Commissioners, and its elected and appointed officers, officials, agents, servants, and
employees from any and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other Ni
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, Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term o
this Lease, this section will survive the expiration of the term of this Lease or any earlier termination of
this Lease.
13. DAMAGE TO PROPERTYY PETS OR ANIMALS. Lessee may only keep pets on the
Premises that have been approved by Monroe County and included in the lease application for the
Premises. The Lessee shall have sole responsibility for any damage, harm, nuisance, claim, or other
liability which arises as result of the Lessee(s) keeping pets or other animals on the Premises. Any
repairs of Premises caused by animals or pets of the Lessee shall be paid for by the Lessee within thirty i
(30) days of being given notice by the County oft e cost of the damages.
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14. ALTERATIONS AND/OR MODIFICATIONS. If the Lessee wishes to make any
modifications or alterations to the Premises, he must first make the request in writing to the County, and
receive written permission from the Director of the Facilities Maintenance Department prior to making
any alterations and/or modifications.
County-owned Property}residential Lease-Key Largo Tiny House 3-
(Ernployee)
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15. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by United States
Mail certified, return receipt requested postage prepaid, or by courier with proof of delivery. The place
of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided y
in this paragraph. to the following:
r theLessee:
For the o
Assistant County Administrator Douglas Smith
1100 Simonton Street, #2-216 41 Judy Flare
Key West, Florida 33040 Key Largo, Florida 33037
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Telephone: (305) 453- 797 Telephone: (305) 3 4-712.0
And 0
Monroe County Attorney
P. 0. Box 1026
Key West, Florida 3301-1026 ,
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16. ATTACHMENTS. The following documents are required to be attached to this Agreement:
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
y Assistant County Administrator permitting Lessee to execute Agreement,
b) EXHIBIT : Certificate of Liability Insurance.
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This Agreement shall not be effective until signed y all parties and all fully completed x i its are
attached tote Agreement.
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17. WHOLE CONTRACT AND WAIVER. This Residential Lease is the whole Agreement
between the parties, and no prior or contemporaneous oral or written communications are part of the
Agreement. If the County waives any breach of the Agreement, that waiver shall not waive the covenant
or conditions breached, nor any later breach of any part of the Agreement.
18. TOBACCO FREE ENVIRONMENT/NOSMOKING POLICY. Lessee.
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"d _.�;, ,>`*{; i s, i�i I(s;� t,:?f';i,=( ' �)� ill �, .., 129 UI
Y iL�, I P"` i11C1tlding< but not limited to. stains.
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, :,, ; >>t, ati. 1 ��1 ,. �,� ot oking policy could subject Lessee ai P c44
deposit. tV
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19. GOVERNING LAWSNENUE. This Agreement shall be governed by the laws of the State of T_
Florida and the t,.Jnited States, Venue for any dispute arising under this agreement must be in Monroe
County, Florida, Th � E; #aunty and Lessee specifically agree that neither the provisions of Florida Statutes, W
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County-owned Propc r'; _': ldential Luse—Key Largo Tiny House -4—
(Employee)
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Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and
Recreational Vehicle arks) are to be applied as governing this Agreement or used as constructing
provisions of this Agreement. y
20. Should any cause of action or administrative proceeding arise out of
this Lease in connection with the enforcement or interpretation of this Lease between Lessor and Lessee,
the prevailing party shall be entitled to reasonable attorney's fees, court costs, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual
and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida.
21. MEDIATION. The parties agree to mediate any disputes under this Agreement, and further
agree that they will not arbitrate any disputes.
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22. SEVERABILITY. If any term or provision of this Agreement shall to any extent be held
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each
remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent
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permitted by law.
23. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the
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Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the 0.
manner provided by law, without becoming liable to Lessee for damages or for any payment of any kind
whatever. County may, at County's discretion, as agent for Lessee, relet the Premises, or any part
thereof, for the whole or any part thereof, for the whole or any part of the then unexpired terra, and may
receive and collect all rent payable by virtue of such reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable under this Agreement during the
balance of the unexpired terra, if this Agreement had continued in force, and the net rent for such period
realized by County by means of such reletting, If County's right of reentry is exercised following
abandonment of the Premises by Lessee, thee, County shall consider any personal property belonging to
Lessee and left on the Premises to also have been abandoned, in which case County may dispose of all
such personal property in any manner County shall deem proper and County is hereby relieved of all i
liability for doing so.
24. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous,
flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the
Premises or that 'might be considered hazardous or extra hazardous by any responsible insurance
company.
25. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable times during the terra of this Agreement and any renewal thereof to enter the Premises for the i
purpose of inspecting the Premises and all buildings and improvements thereon, and for the purposes of
making any repairs, additions, or alterations as may be deemed appropriate by County for the _
preservation of the Premises or the building. County and its agents shall further have the right to exhibit i
the Premises and to display the usual "for sale", "for rent", or "vacancy" signs on the Premises at any time
within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise exist for
the purpose of removing placards, signs, fixtures, alterations, or additions that do not conform to this
Agreement or to any restrictions, rules, or regulations affecting the Premises, '
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26. RADON GAS. Notice to prospectiveLessee: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to persons
County-owned Property Presidential Lease-Key Largo Tiny House -5-
(Employee)
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who are exposed to it over time Levels of radon that exceed federal and state guidelines have been found
in buildings in this state. Additional information regarding radon and radon testing may be obtained from
a County public health department. y
27. SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
2g. MUTUAL REVIEW. This Agreement has been carefully reviewed by Lessee and Lessor.,
therefore, this Agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written above.
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Attest: KEVIN MADOK, CLER11, MONROE COUNTY, FLORIDA, �
LESSOR,
By and through its BOARD
F COUNTY COMMISSIONERS
By: By:
As eputy/Clerk Mayor
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WI TN or LEA " =;E DOUGL, JITI-I, LESSEE
Signature Signature
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PqrAr 're Date
` egn, 3
Print Name Dat
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PATRICIAEABLEStV
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County-Owned Property Residential Lease-Key Largo Tiny louse -as-
(Ernployee)
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EXHIBIT "A"
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RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY
EMPLOYEE (D.S.) TO RESIDE IN TINY UNIT
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BOARD OF COUNTYCOMMISSIONERS
County of Monroem 'la,,ot N1ir_ill lle{::oCclkcm, Dktrict 2
The
I"IL s p Nfl<rt car Pro 1 erl'i DaN id R is c Di"tr�ict Flo �
Craig Cates Diztricn 1
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Kevinils
From: c
Director of Information Technology
Monroe County BOCC
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HousingRE: BOCC Doug Smith
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Please accept this letter as my permission for Doug Smithe considered as a candidate for BOCC
Housing in the Key Largo area. Doug is an exceptional employee and has expressed strong interest in
this opportunity.
Best Regards,
CL
Ian MacEachern
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EXHIBIT "B"
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RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE (D.S.)
TO RESIDE IN TINY UNIT
CERTIFICATE OF INSURANCE
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
POLICY FOR USE OF RESIDENTIAL HOUSING ON COUNTY-OWNED PROPERTY
MONROE COUNTY,FLORIDA
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BACKGROUND:
Monroe County owns several properties which include residential living quarters. In an effort to provide
security at these locations, the County has allowed law enforcement officers to rent the County-owned
housing at a below market rate. In turn, the officers are required to patrol the premises on a regular basis
and report any irregularities to designated County staff.
PURPOSE:
To set forth a policy whereby currently employed Monroe County employee may reside in County-owned
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residential housing when the housing is not utilized by law enforcement officers. This policy will provide
current County employees the opportunity to apply for available residential County-owned housing.
PROCEDURE:
Any Monroe County employee, excluding Division Directors and Department Heads, must submit an
application and be recommended by his/her supervisor, Department Head and Division Director, in >
addition to any other documentation required by the lease. In the event of multiple applicants other than
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law enforcement, names of all eligible applicants will be put in a container and two names will be drawn. 0
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Should the first person selected decline renting the available unit, the second name drawn will be given
the opportunity.
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LEASE TERM: 9
Leases are for a term of one (1) year, unless otherwise approved by Monroe County Board of County
Commissioners (BOCC). There is no automatic renewal of this lease. Upon lease termination, the lease
will go out for new applicants to determine the next tenant.
RENT/SECURITY DEPOSIT:
Rental rates have been adjusted in the past but in April 2006 an attempt was made to make rates more
uniform and define the utility responsibility. The BOCC approved $6.00 per square foot of the residence,
and in 2008 the BOCC approved rents to be increased to $10.00 per square foot.
Monroe County employees will pay $10.00 per square foot, or a rate adjusted to fair market value for the
area in which the residence is located,to be approved by the BOCC.
Prior to occupancy,the tenant shall pay a security deposit equal to one (1)month's rent.
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UTILITIES: CL
Tenant shall pay for utilities including,water, sewer/septic, electricity and solid waste collection, and will
provide residential electric service, telephone service, and cable television service at his/her own expense. c
All utility connection costs will be paid by tenant.
INSURANCE/HOLD HARMLESS/INDEMNIFICATION:
All tenants are required to furnish an original certificate of insurance for personal liability coverage
naming Monroe County Board of County Commissioners as an additional insured, as more fully E
described in the lease, unless these provisions are waived by the Monroe County Risk Management
Department or the County Administrator.
Policy for Residential Housing,County-owned Properties -1-
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Tenants also agree to indemnify and hold harmless the Monroe County Board of County Commissioners
from any and all claims for bodily injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, or in
connection with or by reason of the Tenant utilizing property governed by this Agreement. One
exception to this is in the case of law enforcement for any such claims as may occur due to the Officer's
performance of duties under this Agreement
MISCELLANEOUS:
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ATTACHMENTS:
1. Application for Employee Rental of Monroe County-Owned Residence
2. County-Owned Property Residential Lease (Employee)
3. Residential Lease with Law Enforcement Officer
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Policy for Residential Housing,County-owned Properties -2-
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