Item C13BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 16, 2012 Division: Public Works
Bulk Item: Yes x No _ Department: Facilities Maintenance
Staff Contact Person/Phone #: Dent Pierce /292-4560
AGENDA ITEM WORDING: Approval to enter into a one -year's residential lease agreement
commencing June 1, 2012 with a County Employee for Location E.
ITEM BACKGROUND: This County employee has been leasing this Location E since June 01, 2011.
PREVIOUS RELEVANT BOCC ACTION: At the March 18, 2011 BOCC meeting the BOCC
approved a Policy for Use of Residential Housing on County -Owned Property. At the May 18, 2011
BOCC meeting approved a one year's residential lease agreement commencing June 1, 2011 with a
County Employee for Location E.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST: -0- INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH $550.00 Year $6,600.00
/ Ptl_ �e
APPROVED BY: County Atty " OMB/Purc ing Risk ManagemenMC�-
i
DOCUMENTATION: Inclu ed X Not Required
DISPOSITION:
Revised 1/09
0
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: County Employee
Contract #
Effective Date: June 1, 2012
Expiration Date: May 31, 2013
Contract Purpose/Description:
Residential lease with Monroe County
employee at Location E
Contract Manager: Alice Steryou
4549 Facilities Maint/Stop #4
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 05/16/12
Agenda Deadline: 05/01/12
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ 6,600.00 Current Year Portion: $ 2,200.00
Budgeted? Yes X No ❑ Account Codes: - - - -
Grant: $ N/A - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance,
CONTRACT REVIEW
Changes
Pate In Needed Reviewer
Division Director q o L Yes❑ No�
Risk Management L- -b-D—yes❑ No c
O.M.B./PuS
County Atton
I Comments:
OMB Form Revised 2/27/01 MCP #2
etc.
Date Out
COUNTY -OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this day of , 2012 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 a single
person, and Monroe County Employee, ("Lessee'l.
WITNESSETH:
WHEREAS, the County owns a residential duplex premises ("premises") situated atQW
Monroe County, Florida, and
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 contained herein; and
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 � of the � facility
located ga (previously and more particularly described
as =6 Monroe County, Florida IM
2. TERM. The term of this agreement is one year commencing on June 1, 2012 and running
through May 319 2013. There is no automatic renewal of this agreement. The tenant 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 them to the County upon termination of this Agreement, Lessee will
be liable for rent at a rate of $20.00 (Twenty Dollars) per square foot per month prorated for the time
he/she continues to occupy the property, as well as County's expenses and reasonable attorney fees in
obtaining possession of the property.
3. USE.. The premises shall be used solely for the purpose of residential premises. 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.
The Lessee will further use and occupy said premises in a carefW and proper manner, and not
commit any waste thereon The Lessee shall not cause, or allowed to be caused, any nuisance or
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
fiture ordinances and/or rules, regulations, requirements and orders of governmental authorities or
agencies respecting the use and occupation of said premises.
Lessee covenants and agrees that he or she 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 expiration of the lease he or she
will return the premises to the same good state of repair as when he or she moved into the premises.
County -owned Property Residential Lease -1-
The Lessee agrees that only his or her immediate family or an approved roommate shall occupy
the premises.
The Lessee agrees to clean the premises at the end of the lease and to return it to the same
condition that it was in when the Lessee accepted the house. 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 N0/100 Dollars ($550.00) per month, said
payment due on the first day of the month. The Lessee shall pay a security deposit in the amount equal to
one months 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, FL 33040.
5. UTILITIES. The Lessee shall pay for the utilities including water, sewer/septic, electricity and
solid waste collection. The cost of connections for the above described utilities shall be at the expense of
the County.
The Lessee shall arrange for and provide residential electric service, telephone service, and cable
television service, at his or her own expense. The cost of connections for residential telephone service
and cable television service shall be paid for by the Lessee.
6. 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 .pnd performed, 4ESSEE 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.
7. 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
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.
8. 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,
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.
9. TERMINATION BY COUNTY. This Agreement may be terminated before the expiration of
a 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 Lessee,
b) 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 fails to obtain or to keep telephone service as required under this Agreement;
ii) The Lessee leases the premises or assigns any interest without the required
consent under this agreement;
c) 15 days notice by the County to the Lessee in an emergency situation.
County -Owned Property Residential Lease - 2 -
(Employee)
10. TERMINATION BY LESSEE. The Lessee may terminate this Agreement upon 15 days
notice by the Lessee to the County in an emergency situation.
11. INSURANCE AND HOLD HARMLESS. The Lessee agrees to carry $10,000 (Ten Thousand
Dollars) in personal liability coverage on the premises and shall provide evidence thereof by Certificate
of Insurance. Lessee will notify County upon receipt of any notice of reduction or termination of such
insurance, and shall immediately obtain replacement insurance.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Lessee shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of
injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or
expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified parry by
reason of, or in connection with, (A) any activity of Lessee or any of its employees, agents, contractors or
other invitees on the Premises during the term of this Agreement, (B) the negligence or willful
misconduct of Lessee or any of its employees, agents, contractors or other invitees, or (C) Lessee's
default in respect of any of the obligations that it undertakes under the terms of this lease, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors
or invitees (other than Lessee). 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.
12. DAMAGE TO ANIMALS OR PLANTS BY PET(S). 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, including the parking area upon which the rental
premises is situated. This provision especially applies to the taking of endangered or threatened species
of animals as a result of the action of the Lessee's pet(s). Lessee shall maintain proper restraint
safeguards to ensure against takings and shall be solely liable for takings which occur; regardless of the
degree of care the Lessee has exercised to prevent any takings. Any repairs shall be paid for by the lessee
within thirty (30) days of being given notice by the County of the cost of the damages.
13. ALTERATIONS AND/OR MODIFICATIONS. If the Lessee 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 Division Director of Monroe County Public Works prior to
making any alterations and/or modifications.
14. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by certified mail
to the following:
For the County:
Dent Pierce, Director Public Works
1100 Simonton Street, #2-231
Key West, FL
Telephone: (305) 292-4560
For the Lessee:
Signature of Lessee
15. ATTACHMENTS. The following documents are required to be attached to this Agreement:
County -owned Property Residential Lease - 3 -
(Employee)
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
by Division Director permitting Lessee to execute Agreement.
b) EXHIBIT B: Certificate of Liability Insurance
This Agreement shall not be effective until signing by all parties and by attaching all fully
completed Exhibits to the Agreement.
16. WHOLE CONTRACT AND WAIVER. This Agreement 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 contract, that waiver shall not waive the covenant or conditions
breached nor any later breach of any or part of the contract.
17. MODIFICATIONS. If the Lessee wishes to make any modifications or alterations to the
premises, he/she must first make the request in writing to the County, and receive permission from the
Division Director of Public Works prior to making any alterations.
18. GOVERNING LAWS/VENUE. 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 Chapter 733,
Florida Statutes (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 use as constructing
provisions of this Agreement.
19. 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, investigative,
and out-of-pocket expenses, as an award against the non -prevailing party. Mediation proceeding 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.
20. MEDIATION. The parties agree to mediate any disputes under this agreement, and further
agree that they will not arbitrate any disputes.
21. 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
permitted by law.
22. 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 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 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
County -Owned Property Residential Lease - 4 -
(Employee)
such prsonal property in any manner County sill deft proper and County. is hereby relieved of all
littlsMy for doing so..
2.11. 'g0.�.�&''R[�LS: x.essce altstll not kip on the Ft�etxti myitt•f'atangerot►s,
flammable or *loaive ohdrifeter that ;ght�Oni onably indee�e the danger of Amor or aXPidsibn on: the
Promises ,or that might be cotlsidered hw awous or vkfra laaZardotts, by any-rrsootisible irtsuzance
company.
24, MEMON OF_.PRtMTS0 bounty =d Cgnncy`s agCnts ;ihalt have tlu fight at a11:
reasonWer times and any �wiw*a - the rwflo enter -the Pr9mises for she
Purposeof inspeCtiag did P=0" nnd.atf,buiidhigs and anprovcincnts thcmn. Axtd for tita purpnses_of
anekmg toy Taira, adtiiti'ons br-alteratiebs as my be dammed approprwof oy county for the pro;rVation
oftfm Prfti Npwor-ihe builft. County and ldl q6M stiaU further havt the right to ache -bit the dace
and to display the iOW "for SO#!", "for rent" or *v wey" sigm,on. the Prcmiscs -it-any -time %&Mn-forty-
The tight of coat shall WwwiS* a xist tar the purpose
'of rauov4 placards; signs, fixtures, altmtifts or additions that .do zot comffirm .to 1W AgM=cnt or to
any restricdons, ndes or regulations c0cotiisg the Promises.
25. RADON SM Noticc to jmgxa N,v Icssee: Radon is a nntwWly ticcrtnring tsdioeciivo gns
that, when it n=tnulatcd in a building, u} sutiicicat gumtitics, may Mscm ,healt#t risks to persons
whet ara exposed to it overtime Lewis ofta"n t'liat exeaed fadcral wd state juiaeliictmshava been found
is tiuiliiiriga inthis state. Ad&tiocal n ontmtion ttgadlh& rnclezi and itdntk tv!S t II mAy he otitai 0 front
a County publieboafth depttrl'lttent.
26_ M&0h HLQU Cz.%. Sectidri baatlittjis lie bc,an. uiscxtcd i�r this Agtcemedt a9 a maitcr of
convcni ctw of up=n aaly�and it it egirW—Ihhdi sud, scetian:ttr 40. nee not a pwt of this ApWnda
and wWI not bd uW in tic inueipret on Of a6yr provisifoo. of figs A.gmera ht
27. MU�T3i ?R£ ;Nt This n m4w has been rbre ay reviewed by LaME and UMOR,
tbcrct&a thlb ° tgrcarc►tmt is not ta. be coisstrtttid.Aguurst eH"tbcr.parly, pa ft basis 6fouth6ritusp•
ZLV WI NIE0 "MIAMF, the. go *s hereto have Deere executed this Agrca_mcnt as of the elate
first written above.
BOAW O tOIMTY COMMSSIONM
Attest: aANNY L..KOLkLAC3F., CLM OF MONX09 CQUNTY, FL6RfDA
By: ay.
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1
EXHIBIT B
CERTIFICATE OF INSURANCE
APPLIED FOR