Item C25BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2004 Division: Public Works
Bulk Item: Yes x No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew Lease Agreement with Monroe County Sheriff
Deputy Jason Madnick to reside in V2 of the duplex located at the Key Largo Community Park for an
amount of rent and utilities totaling $425.00 a month.
ITEM BACKGROUND: On November 30, 2004, the Lease Agreement with Deputy Madnick will
expire. He is currently paying $425.00 per month ($229.06 for rent and $195.94 for water,
sewer/septic, electricity and solid waste).
PREVIOUS REVELANT BOCC ACTION: On December 17, 2003, the Board approved the current
lease agreement with Deputy Madnick.
CONTRACT/AGREEMENT CHANGES: Renew lease for one (1) additional year, commencing
December 1, 2004, and terminating November 30, 2005.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: N/A
COST TO COUNTY: $0.00
BUDGETED: Yes No
REVENUE PRODUCING: Yes x No AMOUNT PER MONTH $425.00 YEAR $5,100.00
APPROVED BY: County Atty. x OMB/Purchasing x Risk Management x
DIVISION DIRECTOR APPROVAL:
V c
Dent Pierce
DOCUMENTATION: Included X To Follow Not Required
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DISPOSITION: AGENDA ITEM # �-. - '9
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
FContraactith: Deputy Jason Madnick
Contract #
Effective Date:
December 1, 2004
Expiration Date:
November 30, 2005
Contract Purpose/Descriptiow.
Renewal of Residential: Lease Agreement
with Deputy Jason Madnick to reside in one-
half of the duplex in Key Lazo Community
Park
Contract Manager: Miguel Carbonell
4385
Parks & Rec. Coord.
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 10/20/04
enda deadline:
10/05/04
CONTRACT COSTS
Total Dollar Value of Contract: Income Current Year Portio <-$ =INCONUffiE
roduc'
Budgeted? Yes❑ No ❑ Acco es. 001-362001SG- - - -
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included m dollar value above) ( . maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date n
Needed er _
Division Director 912-11Dq
Yes❑ No❑
Risk Management
Yes❑ Now
O.M.B./Purchasing
Yes[] Nov?/
County Attorney a�
Yes[-] No❑l
Comments:
Date Out
V/ /
OMB Form Revised 2/27/01 MCP #2
RESIDENTIAL_ LEASE FOR LAW ENFORCEMENT OFFICER
This lease agreement is made this , 2004, by and between Monroe County, a
political subdivision of the State of Florida, hereafter County, and Deputy Jason Madnick, an
officer of the Monroe County Sheriffs Department, hereafter Tenant.
WITNESSETH:
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 on the Marr
Property, more particularly described as Lots 326 & 327, Port Largo 40' 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 December 1, 2004, and terminate on November 30,
2005.
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,
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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 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 agreement, without the written consent of the County.
5. The Tenant shall, at least once each night, conduct an inspection walk of the Marr
Property 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:
i7 the Tenant has left employ of the Monroe County Sheriffs office,
id) 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 safely 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 if he/she is
transferred to a substation whose location would make it impracticable to continue to reside at the
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premises or if the Tenant leaves the employ of the Monroe County Sheriffs Office.
7. The Tenant covenants and agrees to indemnify and hold harmless 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
leaselrental agreement; except for such claims as may occur due to the Tenant's
performing duties pursuant to Section S 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 terms, 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.
9. If the Tenant wishes to make any modifications or alterations to the premises, he/she
must first make the request in writing to the County, and receive written permission
from the County Facilities Maintenance Director prior to making any alterations.
IN WITNESS WHEREOF, the parties hereto have been executed this agreement as of the date
first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
10
Mayor/Chairman
Deputy Jason Madnick
ROVED AS
I
Su,-ZA N UWtO
--,: `STAN4.c ;N7 ATTORNEY