Item F15 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20, 2012 Division: Emergency Services
Bulk Item: Yes X No _ Department: Fire Rescue
Staff Contact Person/Phone # Holly Pfiester ext. 6088
AGENDA ITEM WORDING: Approval to enter into a 4-month lease extension with Seashime II
LLC, due to construction delays on the Conch Key Fire Station#17,for Trailer#3 (Raptor) at 2 N.
Conch Ave, Conch Key,Florida for the housing of firefighters assigned to Station#17, continuing the
same $950.00/month rate, including utilities, and authorization for the Fire Chief to execute all
necessary documents.
ITEM BACKGROUND: The construction project to rebuild the Conch Key Fire Station#17 began on
November 14, 2011 requiring our on-duty daily firefighters to vacate the premises and be relocated
during the construction period. Adequate housing located in close proximity to the station and allowing
for immediate response to fire and rescue calls was secured with Seashime II LLC for a 1-year lease
term. Seashime II LLC has offered to extend the lease of Trailer#3 (Raptor) at 2 N. Conch Ave, Conch
Key, Florida,for a 4-month lease extension at$950 per month including utilities from December 14,
2012 to March 13, 2013. Funds have been allocated for this expense in the capital plan project budget.
PREVIOUS RELEVANT BOARD ACTION: On December 14, 2011 the BOCC approved to enter
into a 1-year Lease Agreement with Seashime 11 LLC for$950.00 per month, including utilities, from
December 14, 2011 to December 13, 2012.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as written.
TOTAL COST: $3,800.00 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: /
COST TO COUNTY: $3,800.00 SOURCE OF FUNDS: Capital Project
308-26006-560620 CP0803 530440
REVENUE PRODUCING: Yes_ No. X A1UNT PER MONTH Year
APPROVED BY: County Atty O / ✓IVIB/Put�hasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Seashime II LLC Contract#
Effective Date: 12/14/2012
Expiration Date: 03/13/2013
Contract Purpose/Description:
Four(4)month lease extension agreement for Trailer#3 (Raptor)at 2 N. Conch Ave, Conch
Key, Florida for housing firefighters assigned to Conch Key Fire Station#17 continuing the
same$950.00/month rate, including utilities.
Contract Manager: Holly Pfiester 6088 Emergency Services/Stop 14
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 11/20/2012 Agenda Deadline: 11/06/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,800 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 308 26006,560620 CP0803 530440
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 Reviewer
Division Director 1 Y/ Yes[:]No
.� � III�
Risk Management ���. °„ ,,,Yes❑Noo
O.M.B./Pu�asing -41--Yes❑No
❑ � .
CountyAttorney Yes
Comments:
OMB Form Revised 2/27/01 MCP#2
1'I 11UJ
t
Ie rn �Hom®��And Duplex
A BOX(0)OR A BLANK SPACE( .)INDICATES A PROVISION WHERE A CHOICE OR DECISION MUST BE MADE BY THE PARTIES.
THE LEASE IMPOSES IMPORTANT LEGAL OBLIGATIONS. MANY RIGHTS AND RESPONSIBILITIES OF THE PARTIES ARE
GOVERNED BY CHAPTER 83,PART II,RESIDENTIAL LANDLORD AND TENANT ACT,FLORIDA STATUTES.UPON REQUEST,
THE LANDLORD SHALL PROVIDE A COPY OF THE RESIDENTIAL LANDLORD AND TENANT ACT TO THE TENANT(S).
1.PARTIES.This is a lease("the Lease")between Seashime 11 LLC
Ename and address of owner of the orooerW
3 N.Conch Ave.,Conch Key,Marathon,FL 33050 ("Landlord") and
Board of County Commissioners of Monroe County,Florida
yname(sg of person(s,`h to whom the property 15¢easedi
c/o Monroe County Fire Rescue,490 63rd Street Ocean,Suite 140,Marathon,FL 33050 ("Tenant.")
2.PROPERTY RENTED. Landlord leases to Tenant the land and buildings located at .......................................................................
Qstreet addressy
Trailer#3 (Raptor)at 2 N. Conch Ave.,Conch Key,Marathon,FL O, Florida 33050
yzOp codey
together with the following furniture and appliances[List all furniture and appliances. If none, write"none."](In the Lease,the property
leased, including furniture and appliances, if any, is called"the Premises"):
Stove,refrigerator,microwave,dishes,silverware,pots and pans,utensils,couch,TV,DVD player,lamps,kitchen table,chairs,3
beds,BBQ grill,propane tank.
The Premises shall be occupied only by the Tenant and the following persons:
Firefighters as assigned to Conch Key Fire Station#17,
3.TERM. This is a four(4)month extension to the current lease , beginning on 12- 14- 12
¢month,day,yeaa'p
03- 13-2013 " 'Either party may cancel this agreement without cause upon 90-day
and ending,,,,,,,,,,,,,,,,,,_ (the Lease Term"). advance written notice.This lease is contingent on appropriation by the
(month,day,yeast Monroe County/Board of County Commissioners.
4. RENT PAYMENTS,TAXES AND CHARGES.Tenant shall pay total rent in the amount of$ 950.00 (excluding
taxes)for the Lease Term.The rent shall be payable by Tenant in advance
❑in installments. If in installments, rent shall be payable
m monthly, on the 14th day of each month. (If left blank, on the first day of each month.)
❑weekly,on the.......... day of each week. (If left blank, on Monday of each week.)
in the amount of$..........................................,,,,,,,,,,,,,,,,,,,,per installment.
❑in full on...........................................................................................................................................................in the amount of$.............................................................................................................................
(date)
Tenant shall also be obligated to pay taxes on the rent when applicable in the amount of$0^00
❑with each rent installment❑with the rent for the full term of the Lease. Landlord will notify Tenant if the amount of the tax changes.
Payment Summary
mlf rent is paid in installments,the total payment per installment including taxes shall be in the amount
of$950.00
❑If rent is paid in full,the total payment including taxes shall be in the amount of$.....................................................................................................
Landlord will be paid in accordance with the Florid Local Government Prompt Payment Act. Landlord shall submit monthly invoices to
Tenant at least 20 days in advance of the date on which rent is payable,
Landlord ,,,,,,,,,,,,,,,,,,,,,,,,,,,,J (.,,,,,,,,,,,,,,,,,,,,,,,,,,,,)and Tenant �J(, _)acknowledge receipt of a copy of this page which is Page 1 of 6
RLHD-2 1 b/00 Approved for use under rule 10-2.1(a)of The Rules Regulating The Florida Bar
All rent payments shall be payable to Seashime 11 LLC at
dnamel
3 N.Conch Ave.,Conch Key,Marathon,FL 33050 .(If left blank,to Landlord at Landlord's address).
(address)
If the tenancy starts on a day other than the first day of the month or week as designated above,the rent shall be prorated from
through n the amount of$ and shall be due on
(dotal (date)
(If rent paid monthly, prorate on a 30 day month.)
(date)
Tenant shall make rent payments required under the Lease by (choose all applicable)Dcash,Elpersonal check, money order,
cashier's check, or other Monroe County issued check (specify). If payment is accepted by any means other than
cash, payment is not considered made until the other instrument is collected.
If Tenant makes a rent payment with a worthless check, Landlord can require Tenant to pay all future payments by money order,
cashier's check or official bank check or cash or other(specify)
and 10to pay bad check fees in the amount of$25.00 (not to exceed the amount prescribed by Florida Statutes
section 68.065).
PRIOR5.MONEY DUE .Tenant shall pay the sum of 950.00 in accordance with this Paragraph
prior to occupying the Premises.Tenant shall not be entitled to move in or to keys to the Premises until all money due prior to
occupancy has been paid. If no date is specified below,then funds shall be due prior to tenant occupancy.Any funds designated in
this paragraph due after occupancy,shall be paid accordingly.Any funds due under this paragraph shall be payable to Landlord at
Landlord's address or to Seashime 11 LLC
(name)
at 3 N.Conch Ave.,Conch Key,Marathon,FL 33050
(address)
First 0 month's week's rent plus applicable taxes $ 950.00 due 12-14-2012
Prorated rent plus applicable taxes $ due
Advance rent forElmonthOweek of
plus applicable taxes $ due
Last El month's week's rent plus applicable taxes $ due
Security deposit $ due
Additional security deposit $ due
Security deposit for homeowner's association $ due
Other $ due
Other $ due
. LATE FEES. (Complete if applicable) In addition to rent,Tenant shall pay a late charge in the amount of$0.00 for
each rent payment made N/A days after the day it is due(if left blank,5 days if rent is paid monthly, 1 day if rent is paid weekly).
7. PETS.Tenant 0 mayO may not keep pets or animals on the Premises. If Tenant may keep pets,the pets described in this
Paragraph are permitted on the Premises.
(Specify number of pets,type(s),breed,maximum adult weight of pets.)
8. TIC is Landlord's Agent.
All notices must be sent to: Seashime 11 LLC
Landlord
(narnel
at 3 N.Conch Ave.,Conch Key,Marathon,FL 33050
(address)
Landlord's Agent
(namel
at
(address)
Landlord ( )(_) and Tenant ) acknowledge receipt of a copy of this page whichis Pagef
RLHD-2 10/00 Approved for use under rule 10-2.1(a)of The Rules Regulating The Florida Bar
unless Landlord gives Tenant written notice ofechange.All notices of such names and addresses or changes thereto shall be
delivered Vo the Tenant's residence or, if specified in writing by the Tenant,to any other address.All notices to the Landlord or the
Landlord's Agent(whichever is specified above)shall be given by U.S. mail or by hand delivery.
Any notice to Tenant shall be given by U.S. mail or delivered to Tenant at the Premises. If Tenant is absent from the Premises, a
notice to Tenant may be given by leaving a copy of the notice at Premises.
9. UTILITIES.Tenant shall pay for all utilities services during the Lease Term and connection charges and deposits for activating
existing utility connections to the Premises except for
.that Landlord agrees to provide ek Landlord's expense.
10.MAINTENANCE. Landlord shall be responsible for compliance with Section 83.51, Florida Statutes, and shall be responsible for
maintenance and repair of the Premiaea, unless otherwise stated below:
(Fill in each blank space with"Landlord"for Landlord or"Tenant"for Tenant, if left blank, Landlord will be responsible for the item):
—roofs windows screens
steps doors floors
porches exteriorwuUa —foundations
plumbing structuralnomponenta
heating hot water running water
locks and keys electricalaya\em cooling
smoke detection devices garbageremoval/outside receptacles
extermination cf rats,mice, mooheo. ants and bedbugs —extermination of wood-destroying organisms
—lawn/shrubberypool/spa/hot tub —water treatment
filters(specify) ceilings interior walls
Other(specify)
Tenant shall notify
Ed Buxton t
n 3N.Conch&vc..Conch Key,Marathon,PL33O5O
(name) (address)
n (561)784 0767 of maintenance
(telephone number)
and repair requests.
11.ASSIGNMENT.Tenant El may 0 may not assign the lease or sublease all or any part of the Premises without first obtaining the
Landlord's written approval and consent to the assignment orsublease.
12. KEYS AND LOCKS. Landlord shall furnish Tenant 2 #of sets of keys to the dwelling O #of mail box keys
O #ofgumgedooropenem
If there is a homeowner's association,Tenant will be provided with the following to access the association's
nommonereaa8oci|iheo: O #of keys to N/&
8 N/A#ofnemotecontnu|ato
0 N/A� #ofe|ectmniocondato
other(specify)to
A1 end of Lease Term, all items specified inthis Paragraph shall be returned 0m
at (If left blank, Landlord at Landlord's address).
(address)
13'LEAD-BA8ED PAINT.LJ Check and complete if the dwelling was built before January 1. 107B
Lead Warning Statement
Housing built before 1978 may contain lead-based paint. Lead from paint, point chipo, and dust can pose health hazards if not man-
aged properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pne'1078 houoing. Lessors
must disclose the presence of known lead-based paint and/or lead-based paint hazards in the dwelling. Lessees must also receive a
federally approved pamphlet on lead poisoning prevention.
��
Landlord (�� _) (___jmn���n�nt��[�4 (___)acknowledge receipt cf a copy cfthis page which |s Page 3of6
RLHo'e 1000 Approved for use under rule 10-e.1(o)of The Rules Regulating The Florida Bar
Lessor's Disclosure(initial)
(a) Presence of lead-based paint or lead-based paint hazards (check(i) or(ii) below):
(i) _Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii)®Lessor has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the Lessor(check(i) or(ii) below):
(i) ®Lessor has provided the Lessee with all available records and reports pertaining to lead-based paint
and/or lead-based paint hazards in the housing (List documents below).
(ii)_Lessor has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Lessee's Acknowledgment(initial)
(c) Lessee has received copies of all information listed above.
(d) Lessee has received the pamphlet Protect Your Family From Lead in Your Home.
Agent's Acknowledgment(initial)
(e)Agent has informed the Lessor of the Lessor's obligations under 42 U.S.C. 4852d and is aware of his/her responsibil-
ity to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify,to the best of their knowledge,that the information provided by
the signatory is true and accurate.
Lessor Date Lessor Date
Lessee Date I....essee Date
Agent Date Agent Date
14. MILITARY/U.S.CIVIL SERVICE.❑Check if applicable. In the event Tenant,who is in the Military/U.S. Civil Service,should
receive government orders for permanent change of duty station requiring Tenant to relocate away from the Premises,then Tenant
may terminate the Lease without further liability by giving Landlord 30 days advance written notice and a copy of the transfer order.
15. LANDLORD'S ACCESS TO THE PREMISES.As provided in Chapter 83, Part II, Residential Landlord and Tenant Act, Florida
Statutes, Landlord or Landlord's Agent may enter the Premises in the following circumstances:
A.At any time for the protection or preservation of the Premises.
B.After reasonable notice to Tenant at reasonable times for the purpose of repairing the Premises.
C.To inspect the Premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements;supply
agreed services; or exhibit the Premises to prospective or actual purchasers, mortgagees,tenants, workers, or contractors
under any of the following circumstances:
1.with Tenant's consent; 2. in case of emergency; 3.when Tenant unreasonably withholds consent; or
4. if Tenant is absent from the Premises for a period of at least one-half a Rental Installment period. (If the rent is
current and Tenant notifies Landlord of an intended absence,then Landlord may enter only with Tenant's consent or
for the protection or preservation of the Premises.)
16. HOMEOWNER'S ASSOCIATION. If Tenant must be approved by a homeowner's association("association"), Landlord and Tenant
agree that the Lease is contingent upon receiving approval from the association.Any application fee required by an association shall
be paid by❑Landlord❑Tenant and is❑refundable❑nonrefundable. If such approval is not obtained prior to commencement of
Lease Term,Tenant shall receive return of deposits specified in Paragraph 5, if made, and the obligations of the parties under the
Lease shall terminate.Tenant agrees to use due diligence in applying for association approval,to comply with the requirements for
obtaining approval and agrees to pay any fee required by the association for procuring approval.❑Landlord❑Tenant shall pay the
security deposit required by the association, if applicable.
Landlord ( )( )and Tenant ( )acknowledge receipt of a copy of this page which is Page 4 of 6
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17.USE OF THE PREMISES.Tenant shall use the Premises for residential purposes.Tenant shall have exclusive use and right of
possession to the dwelling.The Premises shall be used so as to comply with all state, county, municipal laws and ordinances, and all
covenants and restrictions affecting the Premises and all rules and regulations of homeowners'associations affecting the Premises.
Tenant may not paint or make any alterations or improvements to the Premises without first obtaining the Landlord's written consent to
the alteration or improvement.Any improvements or alterations to the Premises made by the Tenant shall become Landlord's proper-
ty.Tenant agrees not to use, keep, or store on the Premises any dangerous, explosive,toxic material which would increase the proba-
bility of fire or which would increase the cost of insuring the Premises.
18. RISK OF LOSS/INSURANCE.
A. Landlord and Tenant shalt each be responsible for loss,damage„or injury caused by its own negligence or willful conduct.
B.Tenant should carry insurance covering Tenant's personal property and Tenant's liability insurance.
19.DEFAULTS/REMEDIES.Should a party to the Lease fail to fulfill their responsibilities under the Lease or need to determine
whether there has been a default of the Lease, refer to Part II,Chapter 83, entitled Florida Residential Landlord and Tenant Act which
contains information on same, and/or remedies available to the parties.
20.SUBORDINATION.The Lease is subordinate to the lien of any mortgage encumbering the fee title to the Premises from time to
time.
21. LIENS.Tenant shall not have the right or authority to encumber the Premises or to permit any person to claim or assert any lien
for the improvement or repair of the Premises made by the Tenant.Tenant shall notify all parties performing work on the Premises at
Tenant's request that the Lease does not allow any liens to attach to Landlord's interest.
22. RENEWAL/EXTENSION.The Lease can be renewed or extended only by a written agreement signed by both Landlord and
Tenant,144t X X�Q X9V1RX 7t '
23.TENANT'S PERSONAL PROPERTY.BY SIGNING THIS RENTAL AGREEMENT,TENANT AGREES THAT UPON SURREN-
DER OR ABANDONMENT,AS DEFINED BY THE FLORIDA STATUTES, LANDLORD SHALL NOT BE LIABLE OR RESPONSI-
BLE FOR STORAGE OR DISPOSITION OF TENANT'S PERSONAL PROPERTY.
24.TENANT'S TELEPHONE NUMBER.Tenant shall within 5 business days of obtaining telephone services at the Premises,send
written notice to Landlord of Tenant's telephone numbers at the Premises.
25.ATTORNEY'S FEES. In any lawsuit brought to enforce the Lease or under applicable law,the party who wins may recover its rea-
sonable court costs and attorney's fees from the party who loses.
26.MISCELLANEOUS.
A.Time is of the essence of the Lease.
B.The Lease shall be binding upon and for the benefit of the heirs, personal representatives,successors, and permitted
assigns of Landlord and Tenant,subject to the requirements specifically mentioned in the Lease.Whenever used,the
singular number shall include the plural or singular and the use of any gender shall include all appropriate genders.
C.The agreements contained in the Lease set forth the complete understanding of the parties and may not be changed or
terminated orally.
D. No agreement to accept surrender of the Premises from Tenant will be valid unless in writing and signed by Landlord.
E.All questions concerning the meaning,execution,construction, effect,validity,and enforcement of the Lease shall be
determined pursuant to the laws of Florida.
F.A facsimile copy of the Lease and any signatures hereon shall be considered for all purposes originals.
G.As required by law, Landlord makes the following disclosure: "RADON GAS." 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 Florida.Additional
information regarding radon and radon testing may be obtained from your county health department.
Landlord and Tenant ...........,....)acknowledge receipt of a copy of this page which is Page 5 of 6
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27. BROKERS'COMMISSION.❑Check and complete if applicable.The brokerage companies named below will be paid the com-
mission set forth in this Paragraph by❑Landlord❑Tenant for procuring a tenant for this transaction.
Real Estate Licensee Real Estate Licensee
Real Estate Brokerage Company Real Estate Brokerage Company
Commission Commission
28.EXECUTION.
Executed by Landlord
Land "s Signature Date
r
a..:, � --_ _...,,
and U ton Date
Executed by Tenant
Ten as signature Date
James Callahan, Monroemy Fire ChiefDate
This form was completed with the assistance of:
Name of Individual: G� ®E COUNTY ATTORNEY
AP I0V 1D A T(00 W
Name of Business: N-TIMA AL
Address: ASSIST T CO NTY ATTORNEY
0
Telephone Number:
Landlord ( .. .,,,,,..,)( -)and Tenan ( )acknowledge receipt of a copy of this page which is Page 6 of 6
RLHD-2 10/00 Approved for use under rule 10-2 1(a)of The Rules Regulating The Florida Bar