Item C10 C.10
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CountCounty ��Monroe. ,y, ? "tr, BOARD OF COUNTY COMMISSIONERS
y M T� \�1a� Mayor Michelle Coldiron,District 2
�1 1 nff `_ll Mayor Pro Tem David Rice,District 4
The Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: C.10
Agenda Item Summary #8 162
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 renewal Residential Lease
with a County employee for Location E, Unit 1, commencing June 1, 2021, through May 31, 2022.
The monthly rental amount is $550.00.
ITEM BACKGROUND: Monroe County owns certain residential properties which it rents to
qualified County employees pursuant to its Policy for Use of Residential Housing on County-Owne.
This County employee has been leasing at this Location E since June 1, 2011. There is no automatic
renewal of the Lease, thus a new Lease must be approved by the BOCC each year.
PREVIOUS RELEVANT BOCC ACTION:
On March 16, 2011, the BOCC approved a Policy for Use of Residential Housing on County-Owned
Property.
At subsequent BOCC meetings on May 18, 2011, May 16, 2012, May 15, 2013, May 21, 2014, May
20, 2015, May 18, 2016, April 12, 2017, May 16, 2018, April 17, 2019 and May 20, 2020, the
BOCC approved a one (1) year residential Lease Agreement with this same County Employee for
Location E, Unit 1.
CONTRACT/AGREEMENT CHANGES:
Renewal of the County owned residential Lease Agreement(Employee-J.M.) for a one (1)year term.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
05-19-2021 JM_Residential Lease—County duplex Key Largo_partial Exec
FINANCIAL IMPACT:
Effective Date: 6/01/2021
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C.10
Expiration Date: 05/31/2022
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Rents
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: This County employee (JM) has been leasing this Location E, Unit 1 since
June 1, 2011.
Revenue
REVIEWED BY:
Patricia Eables Completed 05/04/2021 12:57 PM
William DeSantis Completed 05/04/2021 2:55 PM
Purchasing Completed 05/04/2021 3:14 PM
Budget and Finance Completed 05/04/2021 3:17 PM
Maria Slavik Completed 05/04/2021 3:22 PM
Liz Yongue Completed 05/04/2021 3:33 PM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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C.10.a
COUNTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 19th day of May, 2021, by the parties, 2
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, Florida 33040, ("County" or "Lessor"), and JULIO MOLLINEDA, a single person,
and a Monroe County Employee, ("Lessee").
WITNESSETH:
WHEREAS, the County owns a residential duplex premises ("Premises") located at 382
Caribbean Drive, Key Largo, Monroe County, Florida 33037, and 0.
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 tenns and conditions as contained herein; and
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WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and
conditions as contained herein;
NOW, THEREFORE, the parties agree as follows:
1. PROPERTY. County leases to the Lessee the Premises located at Unit 1 of the Duplex facility
known as 382 Caribbean Drive, Key Largo, Florida (previously the Mar property), consisting of 0
approximately 800 square feet, and more particularly described as Unit 1, Lots 326 and 327, Port Largo
4th Addition,Key Largo, Monroe County, Florida 33037 (RE#00453474-000312).
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2. TERM. The term of this agreement is for one (1) year commencing on June 1, 2021, and
terminating on May 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 met. 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 County's expenses and reasonable attorney �I
fees in obtaining possession of the property.
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
interfere with any County function or duties.
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The Lessee will further use and occupy said 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 NI
objectionable activity of any nature on the Premises. The Lessee will not use or occupy said Premises
for any unlawful purpose and will, at the Lessee's sole cost and expense, conform to and obey any �+
present or future ordinances and/or rules, regulations, requirements, and orders of governmental LO
authorities or agencies respecting the use and occupation of said Premises. The Lessee acknowledges
that if he ceases to be employed as a Monroe County Employee during the term of the Lease, for any
reason whatsoever,the Lease shall be terminated.
County-Owned Property Residential Lease 1-
(Employee)
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C.10.a
Lessee covenants and agrees that he will, during the term of the Lease, keep the Premises in a
good state of repair and in the current condition, and that upon the termination of the Lease, Lessee will
relinquish possession of the Premises in the same good state of repair as when he took possession of the
Premises.
The Lessee agrees that only his immediate family or an approved roommate shall occupy the ?
Premises. y
The Lessee agrees to clean the Premises at the end of the lease term and to return it to the 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. RENT AND SECURITY DEPOSIT. For the use of the Premises, the Lessee shall pay the
County the current rent of FIVE HUNDRED FIFTY AND 00/100 Dollars ($550.00) per month, with
said payment due on the first day of each and every month beginning on June 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) month's rent to the County prior to occupancy. The monthly payment shall be remitted to the Monroe �
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County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West,Florida 33040. �?
5. UTILITIES. The Lessee shall pay for the utilities including water, sewer, electricity, and solid X
waste collection. The cost of connections for the above-described utilities shall be at the expense of the 6
County. The Lessee shall arrange for and provide residential electric service, telephone service, internet
and 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. e
6. CONDITIONS. The Lessee, further agrees that, during the term of this 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
hereof.
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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. cu
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 on Lessee's part to be observed
and performed, Lessee shall peacefully and quietly hold and enjoy the subject premises for the term
hereby demised 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.
8. ASSIGNMENT AND SUBLETTING. 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 LO
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.
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, et
County-Owned Property Residential Lease -2-
(Employee)
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C.10.a
Lessor shall have the right to terminate this Lease Agreement and to enter upon the leased Premises and.
again 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 of the County, upon
a) Sixty(60) days' written notice by the County to the Lessee; 7
b) Thirty(30) days' written notice by the County to the Lessee when;
i) The Lessee fails to timely pay the County the amount described in this
Agreement; or
ii) The Lessee leases the Premises or assigns any interest without the required
consent under this agreement; or
iii) The Lessee has left the employ of Monroe County; or
iv) Lessee fails to maintain the Premises as his "primary"residence; or w
c) Fifteen (15) days' notice by the County to the Lessee in an emergency situation.
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I1. TERMINATION BY LESSEE. The Lessee may terminate this Lease upon thirty (30) days'
written notice to the 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 w
emergency situation.
12. INSURANCE AND HOLDHARMLESS. The Lessee agrees to carry Ten Thousand and
00/100 Dollars ($10,000.00) in personal liability coverage on the Premises and shall provide evidence e
thereof by a Certificate of Liability Insurance, a copy of which is attached hereto as Exhibit "B" 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.
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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. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Lease, this section will survive the expiration of the term of this Lease or any earlier termination of
this Lease.
13. DAMAGE TO PROPERTY BY PETS OR ANINLALS. Lessee may only keep pets on the 2�
Premises that have been approved by the Monroe County Assistant County Administrator 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 a result of the Lessee(s) keeping pets or other animals
on the Premises, including the parking area upon which the rental Premises is situated. Any repairs of ,,y
the Premises, caused by animals or pets of the Lessee, shall be paid for by the Lessee within thirty (30)
days of being given notice by the County of the cost of the damages.
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
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County-Owned Property Residential Lease -3-
(Employee)
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C.10.a
receive written permission from the Director of Facilities Maintenance Department prior to making any
alterations and/or modifications.
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 7
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in this paragraph. Notice is deemed received by either party when hand delivered by national courierCh
with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance
of delivery. Notices shall be sent to the following:
For the County: For the Lessee:
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Assistant County Administrator Julio Mollineda
1100 Simonton Street, #2-216 382 Caribbean Drive, Unit 1
Key West, Florida 33040 Key Largo, Florida 33037 is
Telephone: 305-453-8797 Telephone: 305 587-4118
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And
Monroe County Attorney
P. O. Box 1026 0
Key West, Florida 33041-1026
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16. ATTACHMENTS. The following documents are required to be attached to this Agreement: X
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
by Assistant County Administrator permitting Lessee to execute Agreement.
b) EXHIBIT B: Certificate of Liability Insurance.
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This Agreement shall not be effective until signed by all parties and all fully completed Exhibits to cai
the Agreement are attached hereto. y
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17. WHOLE CONTRACT AND WAIVED. 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.
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18. TOBACCO FREE ENVIRONMENT/NO SMOKING POLICY. Lessee, or Lessee's family,
roommate, or guests shall not smoke within or outside the Premises. This includes smoking cigarettes or
tobacco of any kind, cigars, marijuana, pipes, vaping, or any other smoking device. This policy is in
effect a desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the
increased maintenance, cleaning, and redecorating costs from smoking; and (iii)the increased risk of fire ,y
from smoking. Lessee acknowledges that Lessor's adoption of a no smoking policy does not make the
Lessor the guarantor of the Lessee's health or of the smoke-free condition of the Premises. Lessee is
responsible for all costs and damage caused by the smoking including, but not limited to, stains, burns,
odors, and removal of debris. Any breach of this no smoking policy could subject Lessee and all
occupants of the Premises to eviction and loss of any security deposit. �-
County-Owned Property Residential Lease -4-
(Employee)
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C.10.a
19. GOVERNING LAWSNENUE. This Agreement shall be governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this agreement must be in Monroe
County, Florida. The County and Lessee specifically agree that neither the provisions of Florida
Statutes, Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile _
Home and Recreational Vehicle Parks) are to be applied as governing this Agreement or used as
constructing provisions of this Agreement.
20. ATTORNEY'S FEES. 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
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and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida. a.
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 W
remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent w
permitted by law. 76
23. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the
Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the
manner provided by law, without becoming liable to Lessee for damages or for any payment of any bind
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 term, 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 term, 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, then 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
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. i
25. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the c�
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 LO
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preservation of the Premises or the building. County and its agents shall further have the right to exhibit
the Premises and to display the usual "for sale", "for rent", or "vacancy" signs on the Premises at any a)
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. C
...........
County-Owned Property Residential Lease 5-
(Employee)
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26. RADON GAS. Notice to prospective Lessee: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient quantities, may present health risks to persons
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.
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.
28• 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.
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IN FITNESS WHEREOF, the parties hereto have executed this Agreement as of the date E
written above.
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BOARD OF COUNTY COMMISSIONERS
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Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA,
LESSOR
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By: By: c'
As Deputy/Clerk Mayor
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WITNESSES for LESSEE: JULIO MO ,'INEDA, LESSEE
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Signature q s�S lap Signature
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Print Name Date
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Signature
Print Name Date
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014ROE COUNTY ATTORNEY'S OFFICE CD
PATRICIA EA81.ES LO
ASSISTA Ot1NTY ATTORNEY
ATE. 04 2021
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County-Owned Property Residential Lease -6-
(Employee)
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EXHIBIT GG 99
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RESIDENTIAL LEASE MEMORANDUMT COUNTY
EMPLOYEE (J® ®) TO RESIDE TN UNTT T AT LOCATION
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D 't` April 26., 2021
cn=Kevin G.Wilson,P.E.,
o=Monroe County,FL(the Florida r
TO: Kevin Wilson, assistant County Administrator _71t 6.`'.4,.'ye"'_. Keys,ou,email=wilson- �
4 kevin@monroecounty-fl.gov,c=US
2021.05.03 08:29:09-04'00'
FROM: Robert Glassmer,Plantation Key, Public WorkslFacilities
by slice Steryou; Contract Monitor Public Works/Facilities
E: Agenda Item--May 19,2021 BOCC Meeting
County Employee Julio Mollineda Residential Lease Unit
1,Location E �
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Pursuant to the Policy for use of residential housing on County-owned property approved
by the BOCC° at the Marcia 16, 2011 meeting, this location was advertised to County �
employees on March 23, 2011 and an upper, Keys Public Works employee had applied for
and was approved.
I hereby request approval to eater into a one-year residential lease agreement with a
Monroe County employee to reside in Unit 1 at Location E. This employee has been
leasing this Unit A, Location E since June; 01, 2011. c
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Enclosures
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Robert rlassimer Dated �
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EXHIBIT 66 "
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RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE ( .) .
TO RESIDE IN UNIT I AT LOCATION
CERTIFICATE OF INSURANCE
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Universal Property&Casualty Insurance Company, Tenant
A stock Company UNIVERSAL
c/o Evolution Risk Advisors,Inc. Declaration Effective 04
PROPE,,RTIY
1110 W.Commercial Blvd 06/20/2020
Fort Lauderdale, FL 33309 Renewal Policy
THIS IS NOT A BILL
For Policy or Claims Questions Contact Your Agent Listed Below m
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Policy Number ROM Policy Period TO fINSURED BILLED Agent
1502-1200-8858 1 06/20/2020 06/20/2021 12:01 AAA Standard Time 9S30
Named Insured and,4ddre a pent Nante and Address
JULIO MOLLINEDA Approved by Risk The Insurance Connection of South
RO.BOX371807 Florida,Inc
Key Largo,FL 33037 Jaclyn Fl at t 10/2 2/2 02 099353 Overseas Hwy.#1
(305)8WO039 Key Largo, FL 33037
Insured Location (305)451-1467
382 CARIBBEAN DR#1 KEY LARGO, FL 33037 MONROE COUNTY
Premium Summary
Basic Coverages Attached Endorsements Total Policy Premium La
Premium Premium Assessments/Surcharges MGA Fees/Policy Fees (Including Assessments&Surcharges)
$100.00 $0.00 $0.00 $27.00 $127,00 W
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Rating Information
Townhouse! Number of Protection
Form Construction Year Rowhouse Families Occupied Class Territory BCEG
H04 Masonry 1982 N 1 Y 4 5 g9 I
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Dwelling Personal Property Protective Device Credits: t
County Replacement Cost Replacement Cost Burglar Fire Sprinkler
Monroe NIA N N N N
We will provide the insurance described in this policy in return for the premium and compliance with all applicable provisions
of this policy.For renewals:If we elect to continue this insurance,we will renew this policy if you pay the required renewal
premium for each successive policy period subject to our premiums,rules and forms then in effect.You must pay us prior to
the end of the current policy
y period or else this policy will expire.
Insurance is provided only with respect to the following coverages for which a limit of liability is specified,subject to all the
conditions of this policy.
COVERAGES•SECTION I LIMITS PREMIUMS COVERAGES-SECTION II LIMITS PREMIUMS
Coverage A-Dwelling $0 Coverage E-Personal Liability $100,000 $0.00
Coverage B-Other Structure $0 Coverage F-Medical Payments $1,000 $0.00
Coverage C-Personal Property $20,000 $100.00
Coverage D-Loss of Use $4,000
NOTE: The portion of your premium for hurricane coverage is:$0,00
The portion of your premium for all other coverages is.$127.00
THIS_ POLICY INCLUDE _COVERAGEIL
Section I Coverages Subject to$1,000 All Other Perils (Non-Hurricane)Deductible Per Loss. i
Is tptyI nY part of ft pow.
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The Insurance Connection of South Florida,Inc r tCD
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Countersignature Date Chief Executive Officer
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UPCIC HO DEC 15 02 20 Printed Date: 10/8I202010r16:25 AM 1 of 3
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Universal Property&Casualty Insurance Company,
A;stock Company UNIVERSAL
cto Evolution Risk Advisors,Inc. Declaration Effective PROPERTY
1110 W.Commercial Blvd 06/20/2020 «.a
Fort Lauderdale,FL 33309
Renewal Policy
THIS IS NOT A BILL
Pol'ec Nurnlser FROM PolicyPeriod TO INSURED BILLED Agent Cods
1502-1200-8858 0612012020 06/2Q12Q21 12.01 AM Standard Time 9530
Additional Interest r„
Mortgagee/Additional Interest 01 Mortgagee/Additional Interest 02 Mortgagee/Additional interest 03
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Policy Forms&Endorsements Applicable to This Policy
DUMBER EDITION DESCRIPTION LIMITS PREMIUMS O
UPCIC H04 15 05 18 Homeowners 4 Contents Broad Form
$100,00
UPCIC 905 15 03 18 Outline of Your Homeowner Policy
UPCIC 503 15 12 17 Windstorm or Hail Exclusion
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UPCIC 601 15 12 17 No Coverage for Home Day Care Business
MGA Fee $25.00
Emergency Management Preparedness Assistance Trust Fund2 00
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UPCIC HO DEC 15 02 20 Printed Date: 1 018/2020 1 0:1625 AM 2 of 3
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