Item F20 F.20
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
November 15, 2022
Agenda Item Number: F20
Agenda Item Summary #11295
BULK ITEM: Yes DEPARTMENT: Facilities Maintenance
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549
None
AGENDA ITEM WORDING: Approval to enter into a one (1) year Residential Lease Agreement
with County employee, DS, as Lessee, for the Key Largo Tiny House.
ITEM BACKGROUND: A County owned Tiny House (360 sq. ft.) became available for lease in
2021 after having passed all inspections. County staff followed the approved application process
and opened up the opportunity to all County employees and Deputies for the Monroe County
Sheriff's Dept. A tenant is eligible by submitting an application and a Supervisor's
recommendation. Several employees submitted applications for this location. On January 12, 2021,
names for the employee rentals were compiled and a drawing was conducted to select the new tenant
in a manner fair to all applicants. DS's name was drawn for this location in Key Largo. This was the
first Tiny House to be placed into the County-owned rental properties. The County leases are for a
one-year term.
On January 20, 2021, and January 21, 2022, the BOCC approved a one-year lease for DS. The
current lease term terminates on January 31, 2023. This is an annual lease and the tenant has
expressed his interest to renew the annual lease. This item seeks approval of the third Lease for the
same tenant for another one-year term, which will commence on February 1, 2023, and terminate on
January 31, 2024.
PREVIOUS RELEVANT BOCC ACTION:
January 21, 2022 The BOCC approved an annual lease for a County employee at the County
owned "Tiny House" with a term to commence on February 1, 2022, and
terminate on January 31, 2023.
January 20, 2021 The BOCC approved an annual lease for a County employee at the County
owned "Tiny House" with a term to commence February 1, 2021, and
terminate on January 31, 2022.
Packet Pg. 1299
F.20
December 9, 2020 The Commission directed staff to offer two current available County-
owned property locations simultaneously to Sheriff's deputies and County
staff to apply for rental of these locations.
CONTRACT/AGREEMENT CHANGES:
New Lease Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
11-15-2022_DS_Residential Lease Employee Key largo Tiny House with exhibits (Final legal
stamped)Partial Exec-Redacted
FINANCIAL IMPACT:
Effective Date: 02/01/2023
Expiration Date: 01/31/2024
Total Dollar Value of Contract: Revenue
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Revenue
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $550.00/Month
Grant: N/A
County Match: N/A
Insurance Required: Yes
Additional Details: The tenant has been leasing the Tiny House since February 1, 2021, and
desires to renew for another year. Current insurance expires on February 1, 2023, and new
COI will be provided.
Revenue
REVIEWED BY:
Patricia Eables Completed 10/31/2022 12:44 PM
William DeSantis Completed 11/01/2022 7:28 AM
Purchasing Completed 11/01/2022 9:04 AM
Budget and Finance Completed 11/01/2022 9:26 AM
Brian Bradley Completed 11/01/2022 9:32 AM
Packet Pg. 1300
F.20
Lindsey Ballard Completed 11/01/2022 10:46 AM
Board of County Commissioners Pending 11/15/2022 9:00 AM
Packet Pg. 1301
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COUNTY.-OWNED PROPERTY RESIDENTIAL LEASE 0
(EMPLOYEE)
This Agreement is made and entered into on this 15th day of November, 2022, 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 married person,
and Monroe County Employee, ("Lessee").
WITNESSETH- X
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WHEREAS, the County owns a residential 360 square foot, one (1) bedroom/one (1) bath, Tiny 1�
H ouse ("Premises")located at Key Largo, Monroe County, Florida 33037; and M0-
WHEREAS, the County has decided that at the present time it is in the County's best interest to 0.
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enter into a lease with the Lessee upon the terms and conditions as contained herein, and
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WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and
conditions as contained herein;
NOW, THEREFORE,the parties are as follows:
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I. PROPERTY. County leases to the Lessee the Premises located at Key Largo,
Monroe County, Florida as identified herein. A. 10' x 10' shed owned by
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Monroe County has been placed on the Premises. Lessee shall be allowed to use the shed to store lawn
maintenance equipment, bicycles, and other similar equipment in order to maintain the Premises as
required under the terms of this Lease.
2. TERM. The try of this agreement is for one (1) year commencing on February 1, 2023, and 0
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running through January 31, 2024. There is no automatic renewal of this Agreement. The Lessee shall
have the option to renew the Lease as long as the terms of the Lease are met. In the event that the
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Lessee does not vacate the Premises and surrender it to the County upon termination of this Agreement,
Lessee will be liable for rent at a rate of Twenty and 00/100 Dollars ($20.00) per square foot per month
prorated for the time he continues to occupy the property, as well as County's expenses and reasonable
attomey fees in obtaining possession of the property.
3. USE. The Premises shall be used solely for the purpose of only a "primary" residence. If the
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Premises are used for any other purpose,the County shall have the option of immediately terminating this 0.
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Agreement. The Lessee shall not permit any use of the Premises in any manner that would obstruct or W
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interfere with any County function or duties. U)
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 allow 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 will, during the term of the Lease, keep the Premises, CNI
including the yard, in a good state of repair and in the current condition, and N that upon the expiration of Q
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the Lease he will return the Premises to the same good state of repair as when he moved into the LO
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Premises.
County-Owned Property Residential Lease Key Largo Tiny House -1-
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Lessee agrees to maintain the outside lot area as to all ➢lawn care and maintenance, to include but 0X
not be limited to, mow the grass, trim and maintain any trees, shrubs, plants and/or flowers, water the
grass and other greenery as needed, eliminate weeds as needed, trim appropriate trees during storm
season to avoid any safety hazards, and other such landscaping maintenance. Lessee and guests shall
only park in the designated area and not on the grass. Lessee shall keep the outside of the Premises and
lot in an acceptable and attractive condition.
The Lessee agrees that only his immediate family or an approved roommate shall occupy the
Premises.
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The Lessee agrees to clean the Premises at the end of the lease term and to return it to the same
condition that it was in when the Lessee accepted the Premises. The Lessee agrees to pay any fees that
the County incurs to clean the Premises, if necessary,after the Lessee vacates the Premises, CL
4. RENT AND SECURITY DEPOSIT. For the use of the Premises, the Lessee shall pay the CL
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County the current rent of FIVE HUNDRED FIFTY AND 00/100 Dollars ($550.00) per month, with
said payment due on the first day of each and every month beginning on February 1, 2023, and U)
continuing up and until termination of this Lease. The Lessee shall pay a security deposit in the amount 0
equal to one(1) month's 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, Florida S
33040.
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5, UTILITIES. The Lessee shall pay for the utilities including water, sewer, and electricity. The -2
cost of connections for the above-described utilities shall be at the expense of the County, The Lessee X
shall arrange for and provide residential electric service, telephone service, and internet /cable television
service, at his own expense. The cost of connections for residential telephone service, and internet
cable television service shall be paid for by the Lessee. U)
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6. CONDITIONS. The Lessee, further agrees that, during the term of this .,ease� X
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a) The Lessee is now and will remain an employee of Monroe County-,and 0
b) He shall have a letter of permission from his Department Director permitting the Lessee .2
to execute this Lease, a copy of which is attached hereto as Exhibit "A" and made a part 0
hereof, and
C) fie shall as the Premises as his sole "primary" residence during the terns of this >%
Lease and immediately notify Lessor if lie shall cease to reside in the Premises as his .2
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"primary"residence. E
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Upon the payment by Lessee of the rents provided, and upon the
observation and perforinance of all the covenants, terms, and conditions on Lessee's part to be observed
and performed, Lessee shall peacefully and quietly hold and eqjoy 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.
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ASSIGNMENT AND SUBI,ETTING, This Lease may not be sold, transferred, or assigned in
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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 N
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of this Lease or property, C14
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County Owned Property ResWenflal Lease-Key Largo T ny House 2-
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9. DEFAULTS. In the event that Lessee fails, within thirty (30) days after niceot , to cure any 0
default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event,
Lessor shall have the right to to nnnanate this Lease Agreement and to enter upon the leased Premises and i,
again have, repossess, and enjoy the same as if this Lease Agreement had not been made.
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10 GERMINATION BY COUNTY. This Agreement may be terminated before the expiration of �
a one (l)year term, with or without camas and in the sole discretion of the County, upon
a) Sixty(60)plays' written notice by the County to the Lessee,
b) Thirty(30)plays' written notice by the County to the Lessee when:
a) he ]Lessee fails to tamely dray the County the amount described in this
Agreement. �
aa) ]Lessee's employment with the County as terminated. �.
aaa) The ]Lessee leases the ]Premises or assigns any interest without the required
consent under this agreement.
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ivy Lessee fails to maintain the]Premises as his"primary" residence, or
e) Fifteen(15) plays' notice by the County to the Lessee in an emergency situation.
l 1. TERMINATION BY LESSEE. The Lessee may terminate this Lease upon thirty (30) plays' E
written notice to the County of he leaves the employ of Monroe County or ceases to maintain the U)
]Premises as his "primary residenee'% or upon fifteen (15) plays' notice by the Lessee to the County in an
emergency situation.
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12. INSURANCE AND HOLD HARMLESS. he Lessee agrees to carry e'en Thousand and
00/100 Dollars ( 10,000.00) in personal liability coverage on the ]Premises and shall provide evidence
thereof by a Certificate of Liability Insurance, a copy of wlnaeln as attached hereto as Exhibit "B" and
male a part hereof. Lessee will notify County upon receipt of any notice of reduction or tern-ni nataon of 0
such insurance and shall immediately obtain replacement insurance,
The Lessee covenants and agrees to defend, indemnify, and hold harmless Monroe County Board
of County Commissioners, and its elected and appointed officers, officials, agents, servants, and
employees from any and all claims, demands, or causes of action for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any other
losses, damages, costs, penalties, and expenses (including attomey's fees) wlnaeln arise out of, in
connection with, or by reason of the Lessee utilizing the property govremed by this lease/rental
agreement. The extent of liability as in no way limited to, reduced, or lessened by the insurance 2
requirements contained elsewhere within this agreement. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Lease, this section will survive the expiration of the ternnn of this Lease or any earlier terinni nation of
this Lease.
13. DAMAGE ...PROPERTY.....BY PETS ll ANIMALS. ]Lessee may only keep bets can the
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]Premises that have been approved by Monroe County and included in the lease application for the
]Premises. The Lessee shall have sole responsibility for any damage, harnnn, nuisance, claim, or ether
liability which arises as result of the Lessee(s) keeping bets or ether animals on the ]Premises, Any i
repairs of]Premises caused by animals or bets of the Lessee shall be paid for by the Lessee within thirty
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(30) days of being given notice by the County of the cost of the damages. N
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14. ALTERATIONS _AND/ 1 ..........MODIFICATIONS. if the ]Lessee washes to make anyLO
modifications or alterations to the ]Premises, he must first make the request in writing to the County and
County-Owned Property Residential lease_Prey Largo Tiny House -3
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receive written permission from the Director of the Facilities Maintenance intena nce Department prior to ma kin m
any alterations and/or modifications.
p 5., N01"IC Notices in this Agreement, unless otherwise specified, must e sent key t...Jnited States
N ail certified, retu ma receipt requested postage prepaid, or by courier with proof of delivery. Notice is c�
deer ed received by I...essee when hand delivered by national courier with proof of delivery or by t...T. S. �
Mail upon verified receipt or upon the plate of refusal or rion-acceptalice of delivery. ,The place of giving
Notice shall remain the same as set fbrth herein until chalige l in writing in the maliner provided in this
paragraph. Notice shall be sent to the Uto wing:
For the Lessee:
For the Coup
Assistant County Administrator U)
Key West, Florida 33040
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And
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Monroe County Attorney
P.. 0. Box 1026
Key West, Florida 33041 1026
16, ..I'TAC S 'The f6fl w-in documents are required to be attached to this Agreement:
a) EXHI l p A: p...,etter from p...,essee"s Department Head recommending l.essee and approved 0
by Assistant County Administrator pennitting I...essee to execute Agreement.
b) EXHIBIT B: Certificate of I.Jability Insurance.
This Agreement shall not be effective until signed by all pat-ties and all fully completed Exhibits are
attached two the AgreemenL
17, WHOLE CO 'T ACT AND WAIVER. 'This Residential Lease is the whole Agreement 0.
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between the parties, and no prier or contemporaneo us crap or written cc�aa�m unpcations are part of the
Agreement, If the County waives any breach of the Agreement, that waiver shall not waive the covenant
or conditions breached, nor any later breach of any park of the Agreement. �
p. . '�"(�lE�. CCO FREE ENVIRONMENT/NO 6NflE1 ' /NO SMOKING .POI,,,I ' '„ 1C..essee, car p..,essee's fanlip
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roonuria te, or guests shall not snio e within or outside the Pre nises. This includes sniokNng cigarettes or
tobacco of any kind, cigars,, ana rijuana, pipes, vapNng, or any other sniokNng device, This policy is in
effect a desire to anitiga to (p) the irritation tion and known health effects of secondhand sniok.'. (Np) the i
increased anaNntenance, cleaning, and redecorating casts ➢"roan smoking,-- and (NNN) the increased risk of firs„
➢"roan sniokNng. p..,essee acknowledges that p..,essor"s adoption of a no sniokNng policy does not ana ke the Ci
Lessor the guarantor of the p..,essee's health or of the snioke...p..ree condition of the Pre nises. Lessee is Q
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responsible fbr all casts and da nia ge caused by the sniokNng including, but not fi nited to, stains, burns, LO
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County-Owned
ou ty-Ow ned P�•a�gner y Ress n e fl ab Lease_.. Key Largo"1C n„y p..lo use �....
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odors, and removal of debris. Any breach of this no smoking policy could subject Lessce an 0d all X
occupants of the Premises to eviction and loss of any security deposit.
19. GOVERNING LAWSIVENUE. This Agreement shall be govemed by the laws of the State of
Florida and the United States, Venue for any dispute arising under this agreement must be in Monroe 2
County, Florida. The County and Lessee specifically agree that neither the provisions of Florida Statutes
Chapter 733, (Mobile Home Park Lot Tenancies) nor the provisions of Chapter 513, Mobile Home and
Recreational Vehicle Parks) are to be applied as goveming this Agreement or used as constructing
provisions of this Agreement. x
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20 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, and out-of-pocket
expenses, as an award against the non-prevailing party. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual E
and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida. U)
21 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 tenri and provision of this Agreement shall be valid and enforceable to the fullest extent
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permitted by law,
21 ABANDONMENT, If at any time during the to of this Agreement Lessee abandons the 3:
Premises or any part thereof, County may, at County's option, obtain possession of the Premises0 in the U)
manner provided by law, without becoming liable to Lessee for damages or for any payment of any kind 0
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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 S
receive and collect all rent payable by virtue of such reletting, and, at County's option, hold Lessee liable 0
Eger any difference between the rent that would have been payable under this Agreement during the
balance of the unexpired ten-n, 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
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such personal property in any manner County shall deem proper and County is hereby relieved of all 'a
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liability for doing so. W
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24. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous,
flammable, or explosive character that might unreasonably increase the danger of fire or explosion on the
Premises or that might be considered hazardous or extra hazardous by any responsible insurance
company.
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25. INSPECTION OF PREMISES, County and County's agents shall have the right at all
reasonable times during the to of this Agreement and any renewal thereof to enter the Premises for the
purpose of inspecting the Premises and all buildings and improvements thereon, and for the purposes of
making any repairs, additions, or alterations as may be deemed appropriate by County for the N
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preservation of the Premises or the building. County and its agents shall further have the right to exhibit N
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the Premises and to display the usual "for sale", "for rent", or"vacancy" signs on the Premises at any time
CountyOwned Property Residential Lease Key Largo Tiny House 5-
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within forty-five (45) days before the expiration ofthis ]Lease. The right of entry shall likewise exist for 0
the purpose off'removing placards, signs, fixtures, alterations, or additions that do not conform to this
Agreement or to any restrictions, rules, or regulations affecting the Premises.
26. RADON GAS. Notice to prospective ]Lessee: 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 off'radon that exceed federal and state guidelines have been
found in buildings in this state. Additional information regarding radon and radon testing may be
obtained from a County public health department.
27. SECTION, HEADINGS. Section headings have been inserted in this Agreement as a matter of"
convenience of'reference only, and it is agreed that such section headings are not a part ofthis Agreement �
and will not be used in the interpretation of any provision of this Agreement.
28. MUTUAL REVIEW. This Agreement has been carefully reviewed by ]Lessee and ]Lessor,
therefore, this Agreement is not to be construed against either party on the basis of authorship. U)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of" the date
written above.
BOARD OF COUNTY COMMISSIONERS U)
Attest: K EVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA,
]LESSOR
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By: By:.
As Deputy Clerk Mayor
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ASSISTANT COUNTY ATTORNEY
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County-Owned Property Res�denda�L,ease Key Largo I)ny House
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EXHIBIT 6f-A99
RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY
EMPLOYEE TO RESIDE IN KEY LARGO TINY HOUSE
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County. -Owined Property ResWeinda�Lease Key Largo T�iny 11mise ..7
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DATE: October 24, 2022
ur"gym: Kevin Wilson, Assistant County Administrator
FROM:
by Alice Ster moo- Contract Monitor Facilities
CountyCL
y F epee Residential L as at aU'
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Fmmar,suant to the Policy for use of arm;,padm:mmutial hmmmm:ping on County-owned property approved
by the BOCC at the March, 16, 2011 meeting, a County owned "lC"iny I-louse (360 sq, ft)
became available for lease after having passed all immu;ppmma4.immns, County ,ptalf followed the
approved application process and mmpm,mued m.mF the opportunity to all County employees and
Deputies for the Monroe CountySheriff's Dept, A tm;mmurmnt is eligible by submitting an 0
application and a upear isor"s recommendation, Several employees submitted applications
for this location, On ;Wrmmmuuary 12, 202 1, names for the employee rentals were compiled and E
a drawing was conducted to select the new tm:m"q,rmm"t in a manner fair to all applicmm"q,ts, 0
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name was drawn for this location in Key Largo, This is the first ,.I."Il.ny
[louse to be placed into the County-owned mm ed rental p rmmpm,art ies, On January 20, 2021, the
OCC approved a one year lease which, tm;mmmmimmurmtes on January 31, 2022,
1 hereby recommend d� for an additional mmneu year residential lease agreement to 2
reside
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� ma� �u � m s Largo, VR1m lease agreement would CL
mmmmmumammFa�m�mm� 1a �� a � mmd terminate on Jmmum9 � 320 , employee �a been la;rm:pin this Cmmmmnty owned T'iny Housesince Febarm ar o 'l, 2021. 0
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EXHIBIT "B"
RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE
TO RESIDENT IN KEY LARGO TINY HOUSE
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CERTIFICATE OF INSURANCE
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AMERICAN BANKERS ONSURANCE COMPANYL DECLARATION * THERL IS NO GRACE PERIOD.
011F FIA)RIDA YOUR COVERAGE WILL EXPIRE IF PAYMENT IS NOT
11222(idl Roost DrNa,mFNW,FL 33157.596 RLCEIVED BY 02/01/22A,M, STANDARD TIME
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IMPORTANT: THIS POLICY
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THIS II NTAIIIDEDUCTIBLE FOR
HURRICANE LOSSES, WHICH III N HIGH OUT-OF-
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YOUR HURRICANE C I E I $1,000
RATING INFORMATION -,- SINGLE-FAMILY HOME, TERRITORY 3
SAME AS MAILING ADDRLSS ABOVE0
COVERAGE AMOUNT OF COVERAGE PREMIUM
PERSONAL PROPERTY $10,000 LESS DEDUCTIBLE* $19700 0
MEDICAL PAYMENTS $1,000 PERPERSON ('Nj �
ADDITIONAL COVERAGES AND CRLI)ITS/SURCHARGES NOT IN(,Njul)ED IN THE ABOVE PREMIUM
FljOR,IDA INSURANCE GUARANTY ASSOCIATION ASSESSMENT $137 0
TOTAL ADDITIONAL I U m .m
TOTAL PREMIUM $200,37 U)
CHANGE IN PREMIUM DUE TO APPROVED RATE INCRLASE: $8 63CR,
NEW POLICY RLMIU : $200.37 �
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AMERICAN IIBANIIKIIEEE S INSURANCE COMPANY RENEWIU� DECLARATION A' THERE IS NO GRACE PERIOD,
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