10/19/2022 Agreement A
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: ()(-tol)cr 2 t, 2022
TO: Alice Steryou
Contract Monitor
Patricia Eables
Assistant County Attorney
FROM: Panicla G. Hanc6(,'Ji,,'%.(-'.
SUIUECT: October 19' BOCC Meeting
Attaclied is an electronic copy of die 1`01loNving item 1'()r your liandling:
V1 2 Temporary I Tse lease U),reeniciit fora Homeless Sal'e Zone"Itli die City ol'Key
\Vest for a two-year period to relocate the current KOTS to a temporary location at die Slieri'll"s
Headquarters property in Key'"'est.
Should you have any questions please feel Free to contact nic at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
C)
TEMPORARY USE LEASE AGREEMENT
FOR A HOMELESS SAFE ZONE
This TEMPORARY USE LEASE AGREEMENT FOR HOMELESS SAFE ZONE
("Agreement") is made and entered into by MONROE COUNTY, a political subdivision of the
State of Florida,whose address is 1100 Simonton Street, Key West,FL 33040, ("COUNTY")and
the CITY OF KEY WEST, a municipal corporation of the State of Florida,whose address is 1300
White Street,Key West, FL 33040, ("CITY").
WHEREAS, the COUNTY, in general, and the CITY of Key West, specifically, have a
significant population of homeless people; and
WHEREAS,COUNTY and CITY have collaborated over the years to address the issue of
safe housing for the homeless population; and
WHEREAS, the CITY has operated a homeless shelter known as the Keys Overnight
Temporary Shelter ("KOTS") on COUNTY owned property designated for use by the Monroe
County Sheriff("SHERIFF"),as his Headquarters and Detention Center since 2004,under various
agreements between the COUNTY and CITY; and
WHEREAS, the COUNTY, CITY, and SHERIFF recognized that a new KOTS facility
was needed,while the SHERIFF also needed to provide affordable housing in order to recruit and
retain personnel due to the high cost of living in Monroe County; and
WHEREAS,the CITY and the SHERIFF both wished to utilize the parcel of land currently
housing the KOTS Homeless Safe Zone for each of its needs; and
WHEREAS, after further negotiations in 2019, the COUNTY, CITY, and SHERIFF
agreed to a land swap in which the CITY would provide a parcel of City owned land at 250 Trumbo
Road, Key West, Florida, parcel number 0000 1720-000200, for the construction of affordable
housing units for the SHERIFF's employees; and
WHEREAS,in exchange for the Trumbo Road property, the COUNTY would provide a
portion of COUNTY owned land at the North Stock Island location where the SHERIFF's
Headquarters and the Detention Center are located, along with the current KOTS, for the CITY to
build a new and permanent KOTS facility,and
WHEREAS, the COUNTY and the CITY,joined by the SHERIFF, entered into a Keys
Overnight Temporary Shelter(KOTS) and Essential Governmental Employee Housing Interlocal
Agreement, ("2019 ILA")recorded October 29,2019, in the Official Records of Monroe County,
Florida,that would permit the CITY to use a portion of the COUNTY's parcel of land for a New
KOTS facility until the CITY could accept conveyance of the property from the COUNTY in
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exchange fbr coriveyance of the Trunibo Road prqperty to the COUNTY for use as an affordable
housing site for the Sheriff"s Office and anther public em,ployees; and
WHEREAS, the 2019 ILA reanains in full force and effect and shall not be modified or
aincrided in any manner by this Agreement; and
WHEREAS, the parties desire to enter into this Temporary Use Lease Agreement for a
Homeless Safe Zone that would Permit the CITY to use a portion of the COLINTY's land as a
temporary tiorneless persons safe zone,currently referred to as KOTS,=61 such time as the CITY
can finalize construction of a new Kars facility on the parcel of land shown on Exhibit "A"to
the 2019 ILA, located on the grounds of the Sheriff s Headqu anters and.Detention Center in Key
West, Florida; and
W]JEREAS, the CITY anticipates that it will need to utilize the temporary TOOT'S parcel
J`or approximately two(2)years while construction is being completed on the new KOTS facility;
and
WHEREAS,the COUNTY and CITY have deterrnmed That this Agreenterd is in the best
interests of the public-,
NOW,THEREFORE,IT IS AGREE AS FOLLOWS:
I PROPERTY. The COUNTY agrees to permit the CITY to have the temporary exclusive
use of that portion of land designated "Homeless Safe Zone"as shown on Exhibit"A", hereafter
"Premises,"with Exhibit"A"attarched hereto and made a part of this Agreement.
2, TERM. Subject to, and upon the to and conditioris set forth herein, this
,Agreement shall. continue in force fear a ter i of two(2)years commencing on October 19, 2022,
and terminating on October 18, 2024, unless terminated earlier pursmant to -die tenns of this
Agreenient. The COUNTY, in its sole discretion,may extend this At reeinent for a time period to
be deternliMA depending on the status of the construction of the New K()TS facility and that such
extension is in the best interest of the public, and upon written approval by Lx,)th parties.
3 USE AND CONDITIONS DURINGTHE LEASEHOLD PERIOD.
A. The Premises shall be used solely for the purposes of providing a terriporary
homeless safe zone during the construction of the,permanent rtjplacemen facility.
No signs of any kind shall be permitted except within tine footprint of the Premises.
If the Prermses are used for wiy other purpose, the COUNTY shall have tine,()T..)tion
of immediately terminating this Agreement, The CITY shall not permit any use of
the Premises in any manner that would obstruct or interfere with arty COUNTY or
Monroe Couray Sheriff's Office functions and duties, or would, in any way,
devalue,destroy, or otherwise injure the C01MY property.
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B. The CITY will further use and occupy the Premises in a careful and proper manner,
and not commit any waste thereon. The CITY shall not cause, or allow to be
caused, any nuisance or objectionable activity of any nature on the Premises. Any
activities that in any way involve hazardous materials or hazardous substances of
any kind whatsoever, either as those ten-ns may be defined under any State or
Federal laws or regulations or as those terms are understood in common usage,are
specifically prohibited. The CITY shall not use or occupy the Premises for any
unlawful purpose and will, at the CITY's sole cost and expense, conform to and
obey any present or future ordinance and/or rules, regulations, requirements and
orders of governmental authorities or agencies respecting the use and occupation
of the Premises,
C. The CITY shall establish a"No Smoking"zone for that portion of the Premises,if
any, which may be adjacent to the Sheriff's Office propane tanks, according to the
requirements of the Fire Marshals of the COUNTY and the CITY. This "No
Smoking" zone shall be strictly enforced by the CITY. Any violations shall be
cause for immediate termination of the Agreement by the COUNTY.
D. The CITY shall,through its agents and employees,prevent the unauthorized use of
the Premises or the common areas,or any use thereof not in conformance with this
Agreement. The CITY shall not permit the Premises to be used or occupied in any
manner that will violate any laws or regulations of any applicable governmental
authority or entity.
E. The CITY, its officers, employees, agents, contractors, volunteers, and invitees
shall have the same rights of ingress and egress along the right-of-way routes
to the Premises as do other members of the general public. The CITY shall be
responsible for ensuring that these common ways of ingress and egress are
used by their officers, employees, agents, contractors, volunteers, and invitees
in a reasonable, orderly, and sanitary manner in cooperation with all other
occupants and their officers, employees, agents and invitees. The CITY shall
conduct itself and will cause its officers, employees, agents, and invitees to
conduct themselves with full regard for the rights, convenience, and welfare of
all other users of the public property of which the Premises is a sub-part.
F. The CITY shall be solely responsible for operating the temporary homeless safe
zone, including all maintenance, security, enforcement of rules and regulations,
programs,transportation, and any and all other aspects of operations.
G. The ADA walkway will be used as the sole means of access to the facility
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4. RENT. For the use of the Premises, the CITY must pay the COUNTY the sum of Ten
and 00/100 ($10.00) Dollars per month, due on the first day of the contract month, payable in
advance and remitted to the Monroe County Clerk's Office, 500 Whitehead Street,Key West,FL
33040.
5. HOLDOVER. CITY has no right to retain possession of the Premises or any part
thereof beyond the expiration or earlier termination of this Agreement. If the CITY holds over,
("Holdover Period"),the rent payable shall be increased as follows during the month immediately
preceding such expiration or earlier termination:
FIRST 15 DAYS SECOND 15 DAYS 31ST DAY&THEREAFTER
$500.00/Day $1,000/Day $1,500.00/Day
CITY's right of possession shall terminate on thirty (30) days' written notice from
COUNTY. All other terms and conditions of this Agreement shall continue to apply during this
Holdover Period. CITY shall indemnify, defend, and hold COUNTY harmless from and against
any and all claims,demands,actions,losses,damages,obligations,costs,and expenses,including,
without limitation, attorneys' fees incurred or suffered by COUNTY by reason of CITY's failure
to surrender the Premises on the expiration or earlier termination of this Agreement in accordance
with the provisions of this Agreement.
6. UTILITIES. The CITY shall be provided Five Thousand and 00/100 ($5,000.00)
Dollars per year for water, electrical, and sewerage utilities at the Premises, by the COUNTY.
Any other utilities,such as telephone or cable television,shall be provided,if at all,at the expense
of the CITY. The CITY, however, shall be responsible for paying any and all costs of utility
connection fees, impact fees, effluent discharge units, or any other costs associated with the
placement of utility infrastructure to provide utility services to the Premises, if any are required.
Any injection wells currently located within the Premises,which shall not be utilized by the CITY,
shall be properly secured by the CITY at its expense,pursuant to any applicable Federal, State,or
Local rules and regulations.
7. TAXES. The CITY must pay all taxes and assessments, if any, including any sales
or use tax, levied by any government agency with respect to the CITY's operations on the
Premises. If at any time after any tax or assessment has become due or payable,the CITY,neglects
to pay the tax or assessment, COUNTY shall be entitled to pay the tax or assessment at any time
after that and the amount paid by COUNTY shall be deemed to be additional rent for the leased
Premises, due and payable by the CITY.
8. INSURANCE. The parties to this agreement stipulate that each is a state
governmental agency as defined by Florida Statutes. The parties represent to each other that each
has purchased suitable Public Liability,Vehicle Liability, and Workers' Compensation insurance,
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or are self-insured, in amounts adequate to respond to any and all claims under federal or state
actions for civil rights violations, which are not limited by Florida Statutes, Section 768.28 and
Chapter 440,as well as any and all claims within the limitations of Florida Statutes,Section 768.28
and Chapter 440, arising out of the activities governed by this agreement.
To the extent allowed by law,each party shall be responsible for any acts of negligence on
the part of its employees, agents,contractors,and subcontractors and shall defend,indemnify,and
hold the other party harmless from all claims arising out of such actions.
The CITY agrees to keep in full force and effect the required insurance coverage during
the term of this Agreement. If the insurance policies originally purchased which meet the
requirements of this Temporary Use Lease are canceled,terminated, or reduced in coverage, then
the CITY must immediately substitute complying policies so that no gap in coverage occurs.
Copies of current policy certificates shall be filed with the COUNTY whenever acquired or
amended.
9. ALTERA--....TIONS AND IMPROVEMENTS.
- ...............
A. No structure or improvements of any kind, whether temporary or permanent, shall
be placed upon the land without prior approval in writing by the COUNTY's
Administrator, a building permit issued by the CITY and any permits required by
law by any other agency,federal or state. Any such structure or improvements shall
be constructed in a good and workmanlike manner at the CITY's sole cost and
expense, except as otherwise agreed herein. Subject to any landlord's lien, any
structures or improvements constructed by the CITY shall be removed by the CITY
at its sole cost and expense, by midnight on the day of termination of this
Agreement or extension hereof, and the land restored as nearly as practical to its
condition at the time this Agreement is executed. The CITY shall be solely
responsible for obtaining all necessary permits and paying impact fees required by
any agency and any connection fees required by any utility.
B. All structures currently located on the CITY's leased premises,said leased premises
depicted in the 2019 ILA, shall be permitted to be moved onto the Premises.
Additionally, CITY will be permitted to place landscaping and pave the ADA
walkway, both depicted in Exhibit A, attached hereto, at CITY's own expense.
CITY will also be permitted to spread clean 57 stone to allow for drainage.
C. The COUNTY reserves the right to inspect the leased area and to require whatever
adjustment to structures or improvements as the COUNTY, in its sole discretion,
deems necessary. Any adjustments shall be done at the CITY's sole cost and
expense. Any building permits sought by the CITY shall be subject to permit fees
at CITY's sole cost and expense.
D. CITY shall perform, at the sole expense of CITY, all work required in the
preparation of the property or premises hereby leased for occupancy by CITY;and
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CITY does hereby accept the leased property or premises as now being in fit and
tenantable condition for all purposes of CITY.
E. Portable or temporary advertising signs are prohibited,as referenced in 3.A.herein.
10. MECHANIC'S LIENS. The CITY shall not permit any mechanic's lien or liens to be
placed on the Premises or on improvements on or made to it. If a mechanic's lien is filed, it shall
be the sole responsibility of the CITY or its officer, employee, agent, contractor, or other
representative causing the lien to be filed to discharge the lien and to hold harmless and defend the
Monroe County Sheriffs Office and Monroe County against enforcement of such lien. Pursuant
to Section 713.01, Florida Statutes, the liens authorized in Chapter 713, Florida Statutes, do not
apply to the COUNTY.
11. CONDITION OF THE PREMISES. The CITY must keep the Premises in good
-. ,............. ...........
order and condition. The CITY must promptly repair damage to the Premises. At the end of the
term of this Agreement,the CITY must surrender the Premises to the COUNTY in the same good
order and condition as the Premises were on the commencement of the term of this Agreement,
normal wear and tear excepted. The CITY is solely responsible for any improvements to land and
appurtenances placed on the Premises. The CITY shall not commit waste on the Premises, nor
maintain or permit a nuisance on the Premises. After termination or expiration of this Agreement,
the CITY shall pay the COUNTY the cost of any repairs and clean-up necessary to restore the
Premises to its condition at the commencement of this Agreement.
12. HOLDw.HARMLESS. To the extent allowed by law, the CITY agrees to be fully
responsible to the limits set forth in such statute for its own negligent acts or omissions, or
intentional tortuous acts,which result in claims or suits against the COUNTY,the members of the
Monroe County Commission, County officers and employees, and the Monroe County Sheriff's
Office, its officers and employees, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions,or intentional tortious acts.The CITY's purchase of
the insurance required under this Agreement does not release or vitiate its obligations under this
paragraph. The CITY does not waive any of its sovereign immunity rights including, but not
limited to,those expressed in Section 768.28,Florida Statutes.
To the extent allowed by law, the COUNTY, the members of the Monroe County Commission,
County officers and employees, its officers and employees, agrees to be fully responsible to the
limits set forth in such statute for its own negligent acts or omissions, or intentional tortuous acts,
which result in claims or suits against the CITY, City officers and employees, and agrees to be
liable to the statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.The COUNTY'S purchase of the insurance required under this Agreement
does not release or vitiate its obligations under this paragraph. The COUNTY does not waive any
of its sovereign immunity rights including, but not limited to, those expressed in Section 768.28,
Florida Statutes.
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13. RECORDS—ACCESS AND AUDITS. The CITY shall maintain adequate and
.....................
complete records for a period of four(4)years after termination of this Agreement. The COUNTY,
its officers, employees, agents, and contractors shall have access to the CITY's books, records,
and documents related to this Agreement upon request. The access to, and inspection of, such
books,records, and documents by the COUNTY shall occur at any reasonable time.
14, RELATIONSHIP OF THE PARTIES. The CITY is and shall be an independent
contractor and not an agent or servant of the COUNTY. The CITY shall exercise control,
direction, and supervision over the means and manner that its personnel, contractors, and
volunteers perform the work for which purpose this Agreement is entered. The CITY shall have
no authority whatsoever to act on behalf and/or as agent for the COUNTY in any promise,
agreement, or representation other than specifically provided for in this Agreement. The
COUNTY shall at no time be legally responsible for any negligence on the part of the CITY, its
employees, agents, or volunteers resulting in either bodily or personal injury or property damage
to any individual,property,or corporation.
The COUNTY is and shall be an independent contractor and not an agent or servant of the CITY.
The COUNTY shall exercise control, direction, and supervision over the means and manner that
its personnel, contractors, and volunteers perform the work for which purpose this Agreement is
entered, The COUNTY shall have no authority whatsoever to act on behalf and/or as agent for the
CITY in any promise, agreement, or representation other than specifically provided for in this
Agreement. The CITY shall at no time be legally responsible for any negligence on the part of the
COUNTY, its employees, agents, or volunteers resulting in either bodily or personal injury or
property damage to any individual,property,or corporation.
15. NON-DISCRIMINATION. The CITY for itself, its personal representatives,
successors in interest,and assigns, as a part of the consideration hereof, does hereby covenant and
agree that no person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
Premises or in the contracting for improvements to the Premises.
16. TERMINATION. The COUNTY may treat the CITY in default and terminate this
Agreement with fjieenTl 5) days' notice upon failure of the CITY to comply with any provision
related to compliance with all laws,rules and regulations. This Agreement may be terminated by
the COUNTY due to breaches of other provisions of this Agreement if, after written notice of the
breach is delivered to the CITY,the CITY does not cure the breach within seven(7)days following
delivery of notice of breach. The COUNTY may terminate this Agreement upon giving thirty(30)
days' prior written notice to the CITY. Any waiver of any breach of covenants herein contained
shall not be deemed to be a continuing waiver and shall not operate to bar either party from
declaring a forfeiture for any succeeding breach either of the same conditions or covenants or
otherwise.
17. CESSATION OF HOMELESS SAFE ZONE OPERATIONS, Upon the cessation of
..............
homeless safe zone operations at this temporary location, all improvements,equipment,and other
personal property of the CITY,its officers,employees,contractors,agents,volunteers,and invitees
7
shall be removed from the Premises within thirty (30)days. Any damage to the Premises which
has occurred due to the use contemplated under this Agreement shall be immediately repaired
within a reasonable timeframe and the Premises restored to its original condition. The COUNTY
shall not operate a homeless safe zone at this temporary site upon the expiration or termination of
this lease.
18. DEFAULT-WAIVER. The waiver by the CITY or the COUNTY of an act or
omission that constitutes a default of an obligation under this Agreement does not waive another
default of that or any other obligation.
19. ASSIGNMENT. The CITY may not assign this Agreement or assign or subcontract
any of its obligations under this Agreement without the approval of the COUNTY's Board of
County Commissioners. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the CITY and the COUNTY.
20. SUBORDINATION. This Agreement is subordinate to the laws and regulations of
the United States, the State of Florida, the COUNTY, and the CITY, whether in effect on
commencement of this Agreement or adopted after that date.
21. INCONSISTENCY. If any item, condition, or obligation of this Agreement is in
conflict with other items in this Agreement, the inconsistencies shall be construed so as to give
meaning to those terms which limit the COUNTY's responsibility and liability.
22. GOVERNING LAWSNENUE/MEDIATION. This Agreement is 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,Lower Keys Division of the Circuit Court,or the
Southern District of Florida, as applicable. In the event of any litigation, the prevailing party is
entitled to a reasonable attorney's fee and costs. The CITY and COUNTY agree that,in the event
of conflicting interpretations of the terms or a term of this Temporary Use Lease Agreement by or
between any of them,the issue shall be submitted for resolution under the Florida Governmental
Conflict Resolution process set forth in Chapter 164, Florida Statutes, prior to the institution of
any other administrative or legal proceeding.
23, ETHICS CLAUSE. The CITY warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee subject to the prohibition of Section
2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision, the COUNTY may, in its
discretion, terminate this Agreement without liability and may also, in its discretion, deduct from
the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage,gift,or consideration paid to the former County officer or employee.
24. CONSTRUCTION. This Agreement has been carefully reviewed by the CITY and the
COUNTY. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
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25, NOTICES. Any written notices or correspondence given pursuant to this Agreement,
unless otherwise specified, shall be sent by United States Mail, certified,return receipt requested,
postage prepaid, or by courier with proof of delivery. The place of giving Notice shall remain the
same as set forth herein until changed in writing in the manner provided in this paragraph. Notice
is deemed received by either party when hand delivered by national courier with proof of delivery
or by U.S. Mail upon verified receipt or upon the date o refusal or non-acceptance of delivery.
Notice shall be sent to the following:
COUNTY: CITY:
Monroe County Administrator Key West City Manager
1100 Simonton Street 1300 White Street
Key West,FL 33040 Key West, FL 33040
With a copy to: With a copy to:
Monroe County Attorney's Office Key West City Attorney
I I 11 12'h Street, Suite 408 1300 White Street
Key West,FL 33040 Key West, FL 33040
26. AMENDMENTS TO-BE IN WRITING. This Agreement may be modified or
amended only by a writing duly authorized and executed by both COUNTY and CITY. It may
not be amended or modified by oral agreements or understandings between the parties unless the
same shall be reduced to writing duly authorized and executed by both COUNTY and CITY.
27. SEVERABILITY. If any term, covenant,condition or provision of this Agreement(or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction,the remaining terms,covenants,conditions,and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,covenants,conditions,and
provisions of this Agreement would prevent the accomplishment of the original intent of this Lease
Agreement, The COUNTY and CITY agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
28. FULL UNDERSTANDING. This Agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings,whether written or oral. This
Agreement cannot be modified or replaced except by another written and signed agreement.
29. EFFECTIVE DATE. This Agreement will take effect upon the signature of the last
party to the Agreement.
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REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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COMMISSIONERSBOARD OF COUNTY
ATTFSTdA
MADO&CLERK OF MONROE COUNTY,FLORIDA
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As Deputy Clerk Mayor David
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CITY�'$ CI �" "Y' OE
APPROVEDAs TO M AS TO FORM ONLY
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ASSISTANTC,Mf ATTORNEY
ACCEPTANCE BY THIRD PARTY-
The Sheriff of Monroe County does hereby acknowledge that the Monroe County Sheriffs Office
is an intended third-party to this Agreement, that he has participated in and accepts the terms of
this Agreement and that any future objections to the temporary KOTS location as reflected on
Exhibit"A",attached hereto,are waived. w�
y� ... .. ....Monroe County She.
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EXHIBIT "A"
Keys Overnight Temporary Shelter (KOTS) Premises
Proposed Site Plan on Temporary Leased Area
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