Item V12 Co �� � .�� , 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
Holly Merrill Raschein,District 5
County Commission Meeting
October 19, 2022
Agenda Item Summary #11257
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BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
n/a
AGENDA ITEM WORDING: Approval of a Temporary Use Lease Agreement for a Homeless
Safe Zone with the City of Key West for a two-year period to relocate the current KOTS to a
temporary location at the Sheriff s Headquarters property in Key West.
ITEM BACKGROUND: The County has leased space on the County owned Sheriff's
headquarters and jail property to the City of Key West for use as homeless safe zone since 2004,
known as the Keys Overnight Temporary Shelter (KOTS). The use eventually resulted in litigation
with the neighbors, which was resolved when the City agreed to explore moving KOTS across
College Road to the City owned parcel known as the Easter Seals property. After the City
Commission determined that the community would be better served by building low-income
affordable housing on the Easter Seals property, the City asked the County to consider permitting the
City to use the current KOTS property to build an improved, code compliant KOTS facility. In
September of 2017, the Sheriff received Board approval to pursue housing for his employees in that
same space. The Board directed the County Attorney to negotiate with the City and the Sheriff to
see if an agreement could be reached. The negotiations produced a 2019 Keys Overnight Temporary
Shelters (KOTS) and Essential Governmental Employee Housing Interlocal Agreement with the City
of Key West(2019 ILA).
Under the 2019 ILA, the City deeded to the County a deed restricted parcel of property on Trumbo
Road in Key West for the purposes of constructing up to 40 units of affordable housing for use by
employees of the Sheriff as well as other public safety employees. In exchange, the County would
lease to the City for 99 years an expanded portion of the Jail property to include the current portion
occupied by KOTS as well as additional property between KOTS and the mangrove shoreline.
Construction of affordable housing on the Trumbo property is the responsibility of the County
through the Sheriff. In the future, if the City is able to legally accept title to the "new KOTS"
property without a referendum, then the County will deed that property over to the City with a deed
restriction, limiting the use of the property as a homeless shelter. The deed restriction would
alternatively allow the City to build affordable housing on the property should the City determine to
discontinue providing a homeless shelter at the KOTS location.
During the period in which the City leases the new KOTS facility from the County, the City would
pay nominal rent to the County and the County would continue to provide the City with up to $5,000
towards its utility costs of running KOTS. The City would bear the costs of building the new KOTS
facility. While the new KOTS facility is being built, the City desires to relocate the current KOTS
facility to a parcel of land near the current parcel KOTS utilizes at the Sheriff's Headquarters.
Therefore, City and County desire to enter into this Temporary Use Lease Agreement for a
Homeless Safe Zone (Agreement) to relocate the KOTS facility to another location on site for the
new construction to proceed.
The Agreement is for a two-year period commencing on October 19, 2022, and terminating on
October 18, 2024, as the City contemplates it will take at least eighteen (18) months to build the new
KOTS facility. The Agreement provides for a monthly rental fee of $10.00 per month, with
increased fees if the City does not timely vacate and becomes a holdover tenant. The 2019 ILA
remains in full force and effect. Both the City Commission and County BOCC are scheduled to
consider the Agreement at each of their respective October 19, 2022, meetings. Staff seeks approval
of this new Temporary Use Lease Agreement for the temporary KOTS location.
PREVIOUS RELEVANT BOCC ACTION:
9/18/2019 BOCC approved the Keys Overnight Temporary Shelter(KOTS) and Essential
Governmental Employee Housing Interlocal Agreement.
7/18/2019 BOCC extended the deadline for the City to vacate KOTS to 9/27/19.
9/27/2017 BOCC voted to authorize staff to start the process to build workforce housing for the
Sheriff on the KOTS location and directed the City to vacate KOTS by 9/27/18.
3/19/2014 BOCC approved an ILA to permit the City to continue to use County property for KOTS
on a month-to-month basis.
3/18/2009 BOCC approved an ILA to permit the City to use County property for KOTS for five
years.
3/17/2004 BOCC approved an ILA to permit the City to use County property for KOTS for five
years.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
KOTS Temporary Use Lease Agreement with Ex A 10-19-22 (final City & County legal stamped)
(002)
10/18/2019 Agreement with City of Key West
FINANCIAL IMPACT:
Effective Date: October 19, 2022
Expiration Date: October 18, 2024
Total Dollar Value of Contract: $240.00 (Rental fee of$120.00 per year for two years)
Total Cost to County:
Current Year Portion: $120
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $240.00 as noted below.
Grant: n/a
County Match: n/a
Insurance Required: Yes as per the Agreement.
Additional Details: Monthly rental fee of$10.00 per month with a total of$120.00 per year
for two (2) years with a grand total of$240.00 in revenue. Increased rental fees if City fails to
timely vacate.
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REVIEWED BY:
Patricia Eables Completed 10/17/2022 10:26 AM
William DeSantis Completed 10/17/2022 10:44 AM
Kevin Wilson Completed 10/17/2022 11:30 AM
Bob Shillinger Completed 10/17/2022 11:55 AM
Purchasing Completed 10/17/2022 12:00 PM
Budget and Finance Completed 10/17/2022 12:09 PM
Brian Bradley Completed 10/17/2022 1:26 PM
Lindsey Ballard Pending
Board of County Commissioners Pending 10/19/2022 9:00 AM