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Item C14BOARD 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 F. ITEM BACKGROUND: This County employee has been leasing this Location F 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 F. 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 fj& APPROVED BY: County Atty� OMB/Pur asing Risk Management DOCUMENTATION: Incl ded X Not Required DISPOSITION: Revised 1/09 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 Wcation F 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: $ 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 2,200.00 etc. Changes Date Out Date In Needed y' , Reviewer Division DirectorYes[:] No❑- Risk Management Yes❑ NoE]/ O.M.B./Purling �' '�� Yes❑ No© y 3baZ County Attorney '� �� Yes❑ No Z Comments: OMB Form Revised 2/27/01 MCP #2 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"). WITNESSETH: WHEREAS, the County owns a residential duplex premises ("premises") situated at 06 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 ate of the facility located (previously and more particularly described as Monroe County, Florida (RE 2. TERM. The term of this agreement is one year commencing on June 1, 2012 and running through May 31, 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 careful 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 future 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- (Employee) 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 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. 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) TIM: 9ft .W WmftwWdft A. W.- Womy" RN 4 la. Or 1.4430�_- SOONER Le OWW* Aw .00 W"J a4, tw-- WA ir IS. ---------- cou-6w 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 optobtain 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 Coin' *'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) OiBia Jam _ ::. swk 'I�&Vjhfvf All a lorAbb So.. -23 ... :..:..: - - _ .._ .. _ _ - - _ .'- .., .:. ���.:.-.- .... �_;.- :tom: i > ee i': }" di — 'xxkfE•! eF ;2+�? G if. E :t'KV Cs#nY'Frty! ReW v Telephone: _ WHO WRL BE Uvm in name: r — I r iRelationsMD: AP;__ Name: Relatbnshlrx per; CURRENT ADDRESS Starts• Zip; Reason t� ReasIsaa(r VEHICLE RORAAAitON Make: Model: Maioe: Model: Maloe: Pkft• Plate: PETWORMATH M TWO; eraed• - WOW ight: %WOW; Breed; Welght;,•�� Bosomy maAcr IMPDIII-w 7im Ma Reklulonwp: Alternate Robdomip, undenkand that this b Edon b not a rental agreement and that this appkatlon does not create any obyaaftn to Monroe Oxaft toprovlde haisft M Countyownat! residence. .- Si�nsture Prat Mama 0.1011 CERTIFICATE OF INSURANCE APPLIED FOR