Item F9 F.9
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
August 17, 2022
Agenda Item Number: F.9
Agenda Item Summary #10985
BULK ITEM: No DEPARTMENT: Land Authority Governing Board
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 295-5180
9:25 AM
AGENDA ITEM WORDING: Approval of Lease with Seahorse Cottages Big Pine Key, LLC to
be effective on the date the Monroe County Land Authority purchases Lots 160, 170, 180, and 190
Sands Road, Big Pine Key, Florida, bearing parcel identification numbers 00300180-000100;
00300180-000200; 00300180-001700 and 00300180-00180 through December 31, 2022 for
temporary construction staging.
ITEM BACKGROUND: The Land Authority is purchasing lots from the Conch Republic. Four of
those lots are adjacent to the Seahorse Village, an affordable housing development being constructed
at this time. The developer of Seahorse Village has requested a temporary lease until the end of
2022 for staging. The four(4) lots are completely cleared at this point and the expected use for them
is affordable housing or conservation. Staff recommends approval of this lease.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
DOCUMENTATION:
ConchrepublicWhitcomb 13LeasetoSeahorseCottages
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Packet Pg. 1751
F.9
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Christine Hurley Completed 08/09/2022 4:00 PM
Bob Shillinger Skipped 08/09/2022 4:00 PM
Lindsey Ballard Completed 08/09/2022 4:32 PM
Board of County Commissioners Pending 08/17/2022 9:00 AM
Packet Pg. 1752
F.9.a
LEASE AGREEMENT
THIS LEASE AGREEMENT,made and entered into this day of August2022,by and
between Monroe County Comprehensive Plan Land Authority, a land authority under Section
380.0663(1),Florida Statutes and Monroe County Ordinance Number 031-1986,whose address is �
0
c�
1200 Truman Avenue, Suite 207, Key West, FL 33040, hereinafter referred to as "Landlord," and 0
0
U)
Seahorse Cottages Big Pine Key, LLC whose address is 19308 SW 380th Street, Post Office Box a
343529, Florida City, FL 33034, hereinafter referred to as "Tenant".
a�
WITNESSETH:
a�
U)
0
cu
1. LEASEHOLD PREMISES. Landlord hereby leases unto Tenant, and Tenant hereby
leases from Landlord those premises which consist of four(4)platted lots located at 190, 180, 170
and 160 Sands Road, Big Pine Key, Florida, bearing parcel identification numbers 00300180- U
a�
000100;00300180-000200;00300180-001700 and 00300180-00180(collectively the"Premises"). a
The Premises shall be permitted for use as construction staging of modular homes being developed 0
0
U)
for workforce housing.
V-
2. TERM. The lease term shall and shall commence on ,2022 and E
c�
end December 31, 2022.
2
3. RENT. There shall be no rental fee for the subject use of the Premises.
4. PREPARATION OF THE PREMISES. Unless otherwise provided for pursuant to an
0
addendum to this Lease, the Premises are being delivered in an "as is" condition.
5. ACCEPTANCE OF PREMISES. Tenant having taken possession of the Premises
c�
shall be conclusive evidence that the Premises were in good order and satisfactory condition on the
day Tenant took possession for Tenant's use.
Packet Pg. 1753
F.9.a
6. ALTERATIONS. The Tenant shall not be permitted to make any alterations to the
Premises.
7. MAINTENANCE AND REPAIRS. The Tenant will, at Tenant's sole cost and F
c�
expense, keep that portion of the Premises utilized by it in good condition during the term of this
U)
a
lease. Tenant will remove all debris and any concrete on the lots, as well as resod one week prior to
0
ease expiration. U)
8. INSURANCE. Tenant shall,at Tenant's expense,obtain and keep in force during the CL
a�
lease term, a policy of comprehensive public liability insurance insuring Landlord and Tenant
against any and all claims for damages to person or property, or loss of life, or of property, in or
U)
0
about the Premises, the limits of such policy or policies to be in an amount not less than
a�
$1,000,000.00 with respect to an accident/public liability;and to be written by insurance companies
a�
satisfactory to Landlord. Landlord shall be reflected as an additional insured on all such policies of
U
0
insurance. Tenant shall pay all of the premiums therefor and shall deliver copies of such policies, E
and declaration pages for any annual renewal of said policies,to Landlord within ten(10)days from
0
the effective/renewal dates.
a�
V-
In the event of failure of Tenant either to affect such insurance, or to pay the premiums, .0
0
Landlord shall be entitled to affect such insurance and pay the premiums,which premiums shall be
deemed as additional rent. .2
It shall be the exclusive obligation of Tenant to insure any and all contents of the leasehold '
c�
Premises; and it is hereby agreed that the Landlord shall have no liability for loss or damage to the U
same, from any cause whatsoever.
E
c�
9. DEFAULT. If the Tenant is in default for failure to comply with a non-monetary
d
covenant, and if the same is not cured by the Tenant within ten (10) days after written notice,
2 Packet Pg. 1754
F.9.a
Landlord may declare a default and shall have the right to terminate the Lease, and to re-let the
Premises.
10. ATTORNEY'S FEES AND COSTS. If any action at law or in equity shall be F
c�
brought under this Lease,or for or on account of any breach of,or to enforce or interpret any of the
U)
a
covenants, terms, or conditions of this lease, or for the recovery of possession of the demised
0
Premises,the prevailing parry shall be entitled to recover from the other parry,reasonable attorneys 0
fees and costs. E
11. INDEMNIFICATION, HOLD HARMLESS. Tenant shall indemnify and hold
harmless Landlord against and from any and all claims arising from Tenant's use of the Premises for
U)
L_
0
the conduct of its business or from any activity,work, or other thing done,permitted or suffered by a
a�
the Tenant in or about the building,or arising from any act or negligence of the Tenant. Tenant,as a U)
a�
material part of the consideration to Landlord, hereby assumes all risk of damage to property or
U
0
injury to persons, in,upon or about the Premises, from any cause other than Landlord's negligence, E
and Tenant hereby waives all claims in respect thereof against Landlord.
0
12. LIENS. Tenant agrees to pay all of Tenant's contractors,subcontractors,mechanics,
laborers, and material men. Tenant shall not have any authority to create any liens for labor or
0
material on the Landlord's interest in the above-described property.
13. ASSIGNMENT OR SUBLET BY TENANT. Tenant may not transfer or assign this .2
Lease or sublease the Premises,or any portion thereof,without the prior written consent of Landlord, 2
c�
which consent may be unreasonably withheld. U
14. ENTIRE AGREEMENT / PARTIES BOUND. This Lease contains the entire
E
c�
agreement between the parties hereto and all previous negotiations leading hereto, and it may be
d
modified only by an agreement in writing signed by the Landlord and Tenant. The covenants and
3 Packet Pg. 1755
F.9.a
conditions herein contained shall apply to and bind the heirs, successors, executors, administrators
and legal assigns of the parties to this Lease.
IN WITNESS WHEREOF, the Landlord and Tenant have duly signed and executed these E
c�
presents on this day of , 2022
U)
a
0
c�
0
LANDLORD: 0
MONROE COUNTY COMPREHENSIVE
PLAN LAND AUTHORITY, a land
ATTEST: authority under Section 380.0663(1),
Florida Statutes, and Monroe County
Ordinance Number 031-1986
a�
By:
By:
TENANT:
Seahorse Cottages Big Pine Key, LLC, a U
Florida limited liability company E
By: Seahorse Cottages BPK, LLC, a Florida
limited liability company, Its Manager
0
By:
Steven C. Kirk, President
0
c�
2
CL
c�
0
U
4i
E
c�
4
Packet Pg. 1756