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Item C13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 18, 2001 Division: Public Works Bulk Item: Yes ~ No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to renew the Lease Agreement with Deputy Dawn Agusto of the Monroe County Sheriff Department to reside in one-half of the duplex located at the Key Largo Community Park (Marr Property) for an amount of rent and utilities totaling $425.00. per month. ITEM BACKGROUND: Deputy Agusto is currently paying a total of $400.00 per month ($204.06 for rent and $195.94 for utilities, which include water, sewer/septic, electricity and solid waste). PREVIOUS REVELANT BOCC ACTION: On August 16, 2000, the Board authorized the Mayor to renew the Lease Agreement with Deputy Agusto to reside in one-half of the duplex located at the Key Largo Community Park (Marr Property), for an amount of $400.00 per month, which included rent & utilities. On January 17,2001, the Board approved rental increase of$25.00 per month for all new and renewal Lease Agreements with Deputies residing in Monroe County housing. CONTRACT/AGREEMENT CHANGES: One (1) 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 COUNTY: 0.00 REVENUE PRODUCING: Yes ---L No AMOUNTPERMONTH $425.00 Year $5.100 APPROVED BY: County Atty _ OMBIPurchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: DEPARTMENT HEAD APPROVAL: DOCUMENTATION: Included ~ To Follow Not Required_ DISPOSITION: AGENDA ITEM # I ~ ~ , ~ Revised 2/27/01 MONROE COUNTY BOARO OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Deputy Dawn Agusto Effective Date: September 1. 2001 .Expiration Date:August 31. 2002 Contract Purpose/Description:Lease Agreement with Deputy Agusto to reside in one/half of the duplex located on the Marr Property Contract Manager:Lisa Monsalvatge (Name) 4385 (Ext. ) Parks & Beaches Uni. (Department) for BOCC meeting on 7/18/01 Agenda Deadline: 7/3/01 CONTRACT COSTS Total Dollar Value of Contract: $5.100.00 Current Year Portion: $1.700.00 Budgeted? YesD No 0 Account Codes: --- Grant: $ ------- County Match: $ ------- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed /l () ReVi~e . Division Director 7/ /1__ 10 I Y esO No~ ;I f.)&L-/, .:....-~ 7// 'l..h , Risk Management 1 \ G\ 0 ( YesO NoGY ~: ~I:~j(,-~~ '1 \ (:, \ 0 ( ~lPur~ ~.~.Ol YesONoo.-L'~6l'~ '1-1-0, County Attorney I! q (01 YesO NO~ . 1/1/0/ Comments: OMB Form Revised 9/11/95 MCP #2 R1:7' ,r"\ r-- T " ,IF'' 'f-::: r. ..'....' ., .J JUL 1 1 ?nn1 BY: ~ _I::\==~~=--- .... RESIDENTIAL LEASE FOR LAW ENFORCEMENT OFFICER This lease agreement is made this 18th day of July, 2001 by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and Deputy Dawn Agusto, 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 premises 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 follows: 1. The County leases one unit within the duplex facility located at the Key Largo Community Park (Marr Property), more particularly described as Lots 326 & 327, Port Largo 4th Addition, RE #00453474-000326, 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 commence on September 1,2001 and . terminate on August 31,2002. 2. The County agrees to provide Tenant with water, sewer/septic, electricity, and solid waste collection 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 service at 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, during the term of this lease, the Tenant is, and will 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 Sheriff's 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 agreement, without the written consent of the County. 5. The Tenant shall, at least once each night, conduct an inspection walk around the Key Largo Community Park and check for any signs of theft or vandalism and question, and if necessary, remove any unauthorized or suspicious persons found on site. The Tenant shall also note any safety hazards observed during his/her inspection and inform a supervisory employee of the County's Public Works Department of any such hazards as soon as possible. 6. This agreement may be terminated before the expiration of the one year term, with or without 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 Sheriff's 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 telephone service as required by Section 2; iv) the Tenant fails to conduct the walk around inspections required by Section 5 or fails to inform the County Public Works Department of any observed safety hazard(s) as required by Section 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 would entitle the County to terminate this agreement shall not affect the 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. The Tenant may terminate this lease upon 30 days written notice to the County ifhe/she is transferred to a substation whose location would make it impracticable to continue to reside at the premises or if the Tenant leaves the employ of the Monroe County Sheriff's Office. 7. The Tenant covenants and agrees to indemnify and hold hannless 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, 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 are no terms or understandings other than those stated herein. None of the tenns, provisions, and conditions contained in this agreement may be added to, modified, superseded or otherwise altered, except by a written amendment executed by the parties. IN WITNESS WHEREOF, the parties hereto have been executed this agreement as of the date first written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chainnan Witness Deputy Dawn Agusto Witness DATE