Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:~'larch 21, 2001
Division:
Public Works
Bulk Item: Yes _-X-
No
Department: Facilities Maintenance
AGENDA ITEM WORDING:
Approval to renew the lease agreement with Deputy Jan Smiarowski of the Monroe County Sheriff
Department to reside in the modular home located at Bernstein Park for an amount of rent and utilities
totaling $425.00 per month.
ITEM BACKG ROUND:
Deputy Smiarowski is currently paying a total of$400.00 per month ($204.06 per rent and $195.94 for
utilities which include water sewer/septic, electricity and solid waste).
PREVIOUS REVELANT BOCC ACTION:
On February 16, 2000, the Board authorized the Mayor to renew the lease agreement with Deputy
Smiarowski to reside in the modular home located at Bernstein Park, for an amount of $400.00 per
month, which included rent & utilities.
On January 17, 200 I, the Board approved rental increase of$25.00 per month for all new and renewal
Lease Agreements with Sheriff Deputies residing in Monroe County housing.
CONTRACT/AGREEMENT CHANGES:
One (I) year renewal at $425.00 per month, reflects $25.00 rental increase.
STAFF RECOMMENDATIONS:
Approval as stated above.
TOTAL COST:
0.00
BUDGETED: Yes
No
COST TO COl'NTY: 0.00
REVENUE PRODUCING: Yes -.lL No
AMOUNT PER MONTH $425.00 Year $5,100
DEPARTMENT HEAD APPROVAL:
Risk Management _
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
CARLOS ZARATE
!JJIL-
DENT PIERCE
DOCUMENTATION:
Included .,/'
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM # /-C/~
Rcyiscd 2/27/0 I
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Lea~e. ~reemutt
C-:.entraet with:Deputy Jan Smiarowski
CONTRACT SUMMARY
Contract #
Effective Date:March 2 L 2001
Expiration Date: March 22, 2002
Contract Purpose/Description:Renew Lease Agreement with Deputy Jan Smiarowski of the
Monroe County SherifI' Department, to lease the modular home located at Bernstein Park.
! Contract Manager:Lisa Monsalvatge
1 (Name)
4385
(Ext.)
Uninc. Parks & Beaches
(Department)
for BOO' meeting on M<lLCh_2J->2_001
Agenda Deadline: Marcil 'Z,200 I
R~~ PrWuc.i~ CONTRACT COSTS
"FuLctl Dollar Value of Contract: $5,100.00 Current Year Portion: $4,250.00
Budgeted? YesD No D Account Codes: _-_-_-_
Grallt: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(No! included in dollar value above) (eg. maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed .
Division Director 3/lt/o I YesD Nocg/ "']). ~~ /fiR
Risk Management .3\(0\0\ YesD No~ 0\,. '1~ ~d'-"-_ ~\6\0\
~rChaSing YesDNo~ l;~ 3/'-10/
County Attorney ?/-r/;( YesDNo~U~ 3-T~C!1
Com Illents:
Date Out
Reviewer
S/11/D'
OMS Forlll Revised 9/11/95 Mep #2
-1
MAR O~ .2001 ;i
BY: ~ ry. _'
-::'_-':::::::'.~~-.
RESIDENTIAL LEASE FOR LAW ENFORCEMENT OFFICER
This lcase agreement is made this 21 st day of March 200 I by and between Monroe County. a
political subdivision of the State of Florida, hereafter County, and Deputy Jan Smiarowski, an
officer of the Monroe County Sheriff s Department. hereafter Tenant.
WIT N E SSE T H:
WHEREAS. the County believes the presence of a law enforcement officer residing at the
premises described in this agreement would deter vandalism and theft at the premises:
WHEREAS. the County has decided that at present time it is in the County's best interest to
lease the premi~es to the Tenant to provide the deterrence described: and
WHEREAS. the Tenant desires to reside on the premises and provide such deterrent, now.
therefore. that parties agree as foIlO\\"s:
I. The County leases the modular home located on Bemstein Park, hereafter
premises. to the Tenant for the sole use as a residence by the Tenant and his/her immediate family
or roommate. The term of this lease shall be one year commencing on March 21, 200 I and
terminating on March 22. 2002.
2. The County agrees to provide Tenant with \vater, sewer/septic, electricity, and
solid waste colli ction service. The Tenant shall reimburse the County for said service at a rate of
$195.94 per month payable in advance on the first business day of each month to the Monroe
County Clerk of the Courts. Finance Department. 500 Whitehead Street, Key West. Florida 33040.
The Tenant agrees to pay rent in the amount of $229.06 per month payable in advance on the first
business day of each month to the Monroe County Clerk of the Courts, Finance Department. 500
Whitehead Street. Key West. Florida 33040. The Tenant shall arrange for and provide residential
telephone serViC~}lt his own expense. If the Tenant desires cable television service, he shall
arrange for and provide that service at his own expense.
3. The Tenant further agrees that. d~ring the teml of this lease, the Tenant is. and
"ill remain:
a) certified as a regular. full time law enforcement officer by the Florida
Criminal Justice Standards and Training Commission:
b) a deputy employed by the Monroe County Sheriffs office and empowered
to make arrests under the laws of the State of Florida.
4. The Tenant may not sublease the premises nor assign any obligation, benefit or
duty created under this agreemcnt, without thc written conscnt of thc County.
:;. The Tenant shal L at least onec each night. conduct an inspection walk at Bernstein
Park and check for any signs of thcft or vandalism and qucstion. and if nccessary rcmove, any
unauthorized or suspicious persons found on sitc. The Tcnant shall also note any safcty hazard(s)
observcd during his/her inspection and infonn a supervisory employec of the County's Public
Works Dcpartment of any such hazards as soon as possible.
6. This agrecment may be tenninated before the expiration of the one year tenn, with
or w"ithout cause and in the sole discretion of the County, upon
a) 60 days written notice by the County to the Tenant:
b) 30 days written notice by the County to the Tenant when:
i) the Tenant has left employ of the Monroe County SherifTs office:
ii) the Tenant is no longer certified as required by Section 3:
iii) the Tenant fails to timely pay the County the amount described in
Section 2 or fails to obtain or keep telephonc servicc as rcquircd by Section 2:
iv) thc Tcnant fails to conduct thc walk around inspections required
by Section:; or fails to inform the County Public Works Department of any observed safety
hazard(s) as required by Scction 5:
v) the Tenant subleases the premises or assigns any interest under
this lease without the consent required by Section 4:
c) 15 days notice by the County to the Tenant in an emergency situation.
The waiver by the County of any act. event. occurrence or omission which \vould entitle
thc County to terminate this agrecmcnt shall not affcct thc right of the County to demand strict
performance of the terms of this agreement with respect to any subsequent act, event, occurrence or
omission, constituting a breach, default or nonperformance by the Tenant.
Thc Tenant may terminate this lease upon 30 days wTitten notice to the County if he/she is
transferred to a substation \vhose location \vould make it impracticable to continue to reside at the
premises or irthe Tenant leaves the cmploy of the Monroe County Sheriffs office.
7. The Tenant covenants and agrees to indemnify and hold hannless Monroe County
Board of Coullty Commissioners from an)' 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, in connection with or by reason of the Tenant
utilizing property governed by this lease/rental agreement except for such claims as may occur due
to the Tenant's performing duties pursuant to Section 5 of this lease agreement.
8. The parties agree that this written agreement sets forth the entire agreement
between the parties and that there arc no tenns or understandings other than those stated herein.
None of the ternlS. provisions. and conditions contained in this agreement may be added to,
modified, superseded or othenyise altered, except by a written amendment executed by the parties.
IN WITNESS WHEREOF. the parties hereto have executed this agreement as of the date first
written above.
(S EA L)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
B\":
B\":
Deputy Clerk
Mayor/Chairman
Witness
Deputy Jan Smiarowski
Witness
APPROVED AS
AN
B
March 6 I 2001
To: Lisa Monsalvatge
Monroe County Coordinator Parks & Beaches
I, J an 5miarowski wish to renew my Lease Agreement with Monroe County to
lease the modular home located at Burnstein Park.
Jan1iw1
---
~-. "'I~r"'r-"'!
I f-.;.' r~~Vl ./ ,,~ d.-,~ ,
i
i.. ~~1.__:
IL))- '. --------- -__
.---..---....--.-.-