Item S3 S3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: S3
2023-1188
BULK ITEM: Yes DEPARTMENT: Employee Services
TIME APPROXIMATE: STAFF CONTACT: Bryan Cook
N/A
AGENDA ITEM WORDING: Approval to enter into a one (1)year Residential Lease with a County
employee for Location commencing August 1, 2023, through July 31,
2024. The monthly rental amount is $1,640.80.
ITEM BACKGROUND:
Monroe County Board of County Commissioners owns certain residential properties, which it rents to
qualified County employees,per the established Employee Housing Rental Program in Resolution 155-
2022. Resolution 088-2023 established the method of selection of lessees; set lease terms; and set the
rental rates for County-owned employee housing rental units. The current tenant at
has vacated the property as of June 30, 2023 and a new tenant has been selected per the
guidelines of the Resolution 088-2023.
PREVIOUS RELEVANT BOCC ACTION:
June 21, 2023: Approval of Residential Lease for
February 15, 2023: Resolution 088-2023 was adopted
May 18, 2022: Resolution 155-2022 establishing the Employee Housing Rental Program
CONTRACT/AGREEMENT CHANGES:
One year lease agreement for
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Final Residential Lease and Exhibits
FINANCIAL IMPACT:
Effective Date: 08/01/2023
Expiration Date: 07/31/2024
1
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: Yes
Source of Funds: Rents
CPI: No
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $1640.80/monthly
Grant: N/A
County Match: N/A
Insurance Required: Yes
2
COUNTY-OWNED PROPERTY RESIDENTIAL LEASE
(EMPLOYEE)
This Agreement is made and entered into on this 19 day of July 2023, 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 single person, and a Monroe
County Employee, ("Lessee").
WITNESSETH:
WHEREAS, the County owns a residential 360 square foot, one (1) bedroom/one (1) bath, Tiny
House("Premises") located at and
WHEREAS, the County has decided that at the present time it is in the County's best interest to
enter into a lease with the Lessee upon the terms and conditions as contained herein; and
WHEREAS, the Lessee is desirous of leasing the Premises from County on the terms and
conditions as contained herein;
NOW, THEREFORE, the parties agree as follows:
1. PROPERTY. County leases to the Lessee the Premises located at
, as identified herein. Consisting of approximately 360
square feet of living area. A 10'x10' shed owned by 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 term of this agreement is for one (1) year commencing on August 1, 2023, and
terminating on July 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 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 attorney
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
Premises are used for any other purpose, the County shall have the option of immediately terminating this
Agreement. The Lessee shall not permit any use of the Premises in any manner that would obstruct or
interfere with any County function or duties.
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. The Lessee acknowledges
that if he ceases to be employed as a Monroe County Employee during the term of the Lease, for any
reason whatsoever, the Lease shall be terminated.
County-Owned Property Residential Lease 1
Lessee covenants and agrees that he will, during the term of the Lease, keep the Premises in a
good state of repair and in the current condition, and that upon the termination of the Lease, Lessee will
relinquish possession of the Premises in the same good state of repair as when he took possession of the
Premises.
Lessee agrees to maintain the outside lot area as to all lawn care and maintenance, to include but
not 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 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.
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.
4. RENT AND SECURITY DEPOSIT. For the use of the Premises, the Lessee shall pay the
County the current rent of ONE THOUSAND SIX HUNDRED FORTY AND 80/100 DOLLARS
($1,640.80) per month, with said payment due on the first day of each and every month beginning on
August 1, 2023, and continuing up and until termination of this Lease. The Lessee shall pay a security
deposit in the amount 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 33040.
5. APPLIANCES. The County shall provide, maintain, and replace as necessary the appliances
listed below. Lessee shall contact Employee Services when maintenance is needed for the listed
appliances. Lessee shall not attempt to repair the below listed appliances on their own.
* Refrigerator
* Washing Machine
* Dryer
* Microwave
* Dishwasher(if applicable to unit)
All appliances are the sole possession of Monroe County and shall be left on premise when the Lessee's
lease ends.
6. UTILITIES. The Lessee shall pay for the utilities including water, sewer, electricity, and solid
waste collection. The cost of connections for the above-described utilities shall be at the expense of the
County. The Lessee shall arrange for and provide residential electric service, telephone service, internet
and 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.
7. CONDITIONS. The Lessee, further agrees that, during the term of this Lease;
a) The Lessee is now and will remain an employee of Monroe County; and
County-Owned Property Residential Lease 2-
b) He shall have a letter of permission from his Department Director permitting the Lessee
to execute this Lease, a copy of which is attached hereto as Exhibit "A" and made a part
hereof.
c) He shall maintain the Premises as his sole "primary" residence during the tern of this
Lease and immediately notify Lessor if he shall cease to reside in the Premises as his
"primary" residence.
d) Lessee will not have an ownership interest in another residential property in Monroe,
Miami-Dade, or Collier Counties.
8. QUIET ENJOYMENT. Upon the payment by Lessee of the rents provided, and upon the
observation and performance of all the covenants, terms, and conditions on Lessee's part to be observed
and performed, Lessee shall peacefully and quietly hold and enjoy 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.
9. ASSIGNMENT AND SUBLETTING. This Lease may not be sold, transferred, or assigned in
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
of this Lease or property.
10. DEFAULTS. In the event that Lessee fails, within thirty (30) days after notice, to cure any
default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event,
Lessor shall have the right to terminate this Lease Agreement and to enter upon the leased Premises and
again have, repossess, and enjoy the same as if this Lease Agreement had not been made.
11. 'FERMINA""LION BY C0E.1N'TY. This Agreement may be terminated before the expiration of
a one (1) year term, with or without cause and in the sole discretion of the County, upon
a) Sixty (60) days' written notice by the County to the Lessee;
b) Thirty(30) days' written notice by the County to the Lessee when;
i) The Lessee fails to timely pay the County the amount described in this
Agreement; or
ii) The Lessee leases the Premises or assigns any interest without the required
consent under this agreement; or
iii) The Lessee has left the employ of Monroe County; or
iv) Lessee fails to maintain the Premises as his "primary"residence; or
c) Fifteen(15) days' notice by the County to the Lessee in an emergency situation.
12. TERMINATION BY LESSEE. The Lessee may terminate this Lease upon thirty (30) days'
written notice to the County if he leaves the employ of Monroe County or ceases to maintain the
Premises as his "primary residence"; or upon fifteen (15) days' notice by the Lessee to the County in an
emergency situation.
13. INSURANCE AND HOLD HARMLESS. The Lessee agrees to carry Ten 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 which is attached hereto as Exhibit "B" and
County-Owned Property Residential Lease 3 .
made a part hereof. Lessee will notify County upon receipt of any notice of reduction or termination of
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 attorney's fees) which arise out of, in
connection with, or by reason of the Lessee utilizing the property governed by this lease/rental
agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance
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 term of this Lease or any earlier termination of
this Lease.
14. DAMAGE TO PROPERTY BY PETS OR ANIMALS. Lessee may only keep pets on the
Premises that have been approved by the Monroe County Assistant County Administrator and included in
the lease application for the Premises. The Lessee shall have sole responsibility for any damage, harm,
nuisance, claim, or other liability which arises as a result of the Lessec(s) keeping pets or other animals
on the Premises, including the parking area upon which the rental Premises is situated. Any repairs of
the Premises, caused by animals or pets of the Lessee, shall be paid for by the Lessee within thirty (30)
days of being given notice by the County of the cost of the damages.
15. ALTERATIONS Ai' DIOB. MODIFICATIONS. If the Lessee wishes to make any
modifications or alterations to the Premises, he must first make the request in writing to the County, and
receive written permission from the Director of Facilities Maintenance Department prior to making any
alterations and/or modifications.
16. NOTICE. Notices in this Agreement, unless otherwise specified, must be sent by United States
Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. Notice is
deemed received by Lessee when hand delivered by national courier with proof of delivery or by U. S.
Mail upon verified receipt or upon the date of refusal or non-acceptance 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. Notices shall be sent to the following:
For the County: For the Lessee
Assistant County Administrator
And
Monroe County Attorney
P. O. Box 1026
Key West, Florida 33041-1026
County-Owned Property Residential Lease 4 -
17. ATTACHMENTS. The following documents are required to be attached to this Agreement:
a) EXHIBIT A: Letter from Lessee's Department Head recommending Lessee and approved
by Assistant County Administrator permitting Lessee to execute the Agreement.
b) EXHIBIT B: Certificate of Liability Insurance.
c) EXHIBIT C: Affidavit—Employee Housing Rental Program
This Agreement shall not be effective until signed by all parties and all fully completed Exhibits to
the Agreement are attached hereto.
18. WHOLE CONTRACT RAC"T" AND WAIVER. This Residential Lease is the whole agreement
between the parties, and no prior or contemporaneous oral or written communications 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 part of the Agreement.
18. TOBACCO FREE ENVIRONMENT/NO SMOKING POLICY. Lessee, or Lessee's family,
roommate, or guests shall not smoke within or outside the Premises. This includes smoking cigarettes or
tobacco of any kind, cigars, marijuana, pipes, vaping, or any other smoking device. This policy is in
effect a desire to mitigate (i) the irritation and known health effects of secondhand smoke; (ii) the
increased maintenance, cleaning, and redecorating costs from smoking; and (iii) the increased risk of fire
from smoking. Lessee acknowledges that Lessor's adoption of a no smoking policy does not make the
Lessor the guarantor of the Lessee's health or of the smoke-free condition of the Premises. Lessee is
responsible for all costs and damage caused by the smoking including, but not limited to, stains, burns,
odors, and removal of debris. Any breach of this no smoking policy could subject Lessee and all
occupants of the Premises to eviction and loss of any security deposit.
19. GOVERNING LA"'1rVSNENUE. This Agreement shall be 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. 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 governing this Agreement or used as
constructing provisions of this Agreement.
20. A"I'TOR EY'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
and customary procedures required by the Sixteenth Judicial Circuit in and for Monroe County, Florida.
21. MEDIATION. The parties agree to mediate any disputes under this Agreement, and further
agree that they will not arbitrate any disputes.
22. SEVERA;BILI°T°'V. 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 term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law.
County-Owned Property Residential Lease 5
23. ABANDONMENT. If at any time during the term of this Agreement Lessee abandons the
Premises or any part thereof, County may, at County's option, obtain possession of the Premises in the
manner provided by law, without becoming liable to Lessee for damages or for any payment of any kind
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
receive and collect all rent payable by virtue of such reletting, and, at County's option, hold Lessee liable
for any difference between the rent that would have been payable under this Agreement during the
balance of the unexpired term, 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
such personal property in any manner County shall deem proper and County is hereby relieved of all
liability for doing so.
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.
25. INSPECTION OF PREMISES. County and County's agents shall have the right at all
reasonable times during the term 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
preservation of the Premises or the building. County and its agents shall further have the right to exhibit
the Premises and to display the usual "for sale", "for rent", or "vacancy" signs on the Premises at any
time within forty-five (45) days before the expiration of this Lease. The right of entry shall likewise
exist for the purpose of 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. ILADON 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 of 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 of this
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
written above.
BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA,
LESSOR
I:Iy:....,..
As Deputy Clerk Mayor
County-Owned Property Residential Lease 6
7 SSES for LESSEE;
l '�n
I'n insure
m .. I r
Print Name Date
Approved as to form and legal sufficiency:
Monroe County Attorney's Office 7-18-2023
County-Owned Property Residential Lease ,7-
Exhibit A
County Of Monroe .m..M „ �ARL)01;c°�J�UNTY ACO MISSIONS S
Mayor Craig Cates,District 1
The Florida Keys p Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Memo
To: Department of Human Resources
From: Judy Clarke D'9,Ad"�Y°'gnrd by Judith Clarke'
y Judith Clarke,P.E. P.E.
Da[m.10,JkB,PgG28 12:41:42-09'DD'
Date: June 28, 2023
Rey Approval for ,application to County Housing Opportunity at
I approve the application of County Employee Housing
Opportunity. I further approve request to allow his pet, a 3 year old, well-behaved medium sized Chow
dog to live with him on premises.
Cc: Kimberly D. Kelley
Exhibit A
County Of Monroe BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District l
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K. Scholl,District 3
David Rice,District 4
in AW
,me
mo
To: Department of Human Resources _ �
From: �
.
Date: June 28, 2023
Re: Request to allow pet on application for Employee Housing Opportunity at
I request that my pet, a 3-year-old, well-behaved medium sized Chow dog to live with me on premises if
accepted through my application process.
Cc: Kimberly D. Kelley
Exhibit B
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Exhibit C
AFFIDAVIT —
MONROE COUNTY EMPLOYEE HOUSING RENTAL PROGRAM
(Must be signed by all adults occupying the Rental Property.)
Name of Person Signing:
)
I, Sean Martin, state as follows:
1. 1 understand that the Property is a 1-bedroom house. By signing this Affidavit, I am attesting to
the fact that I have 1 or more people occupying the Property. The persons who will be occupying
this Property are the following:
Name ❑Adult ❑ Minor <18yearsyold)
_... .. �..� _ ...�._m� . �� Y... ).
X Adult ❑ Minor(,<18 gears old
❑Adult ❑ Minor(<18_years
or olds
0 Adult ❑ Min <18�rears olds
❑Adult 0 Minor(<18 years old)
0 Adult_yy y❑ Minor <18 years olds
2. All household members residing in the Property must fall into one of the following categories:
spouses, domestic partners, roommates who choose to share a unit, dependent children and
parents. By signing below, I am attesting to the fact that all household members residing in the
Property fall into one or more of these categories.
3. 1 understand that monthly rent for this Property is set at$1,640.80. By entering into this Affidavit, I
am attesting to the fact that the monthly rent is equal to 22.5% of the combined monthly income
of all adult occupants at the time the Lease is executed.
Signed:
..
F.S. 68.082(Florida False Claims Act): Any person who knowingly makes or uses a false record or statement is liable
to the state fora civil penalty of not less than$5,500 and not more than$11,000 and for treble the amount of
damages the state sustains because of the act of the person.
Monroe County Code Section 2-724: Any person who knowingly presents or causes to be presented to the county, or
to any officer, employee, agent, or consultant of the county, a false or fraud claim for payment or approval shall be
liable to the County for an amount equal to three times that part of the claim which is false, fraudulent, or inflated, in
addition to attorneys'fees and other remedies.
Exhibit C
AFFIDAVIT—
MONROE COUNTY EMPLOYEE HOUSING RENTAL PROGRAM
(Must be signed by all adults occupying the Rental Property.)
Name of Person Signing: Janice Fuller
Rental Property Address: 41 Judy Place, Key Largo ("Property")
I, Janice Fuller, state as follows:
1. 1 understand that the Property is a 1-bedroom house. By signing this Affidavit, I am attesting to
the fact that I have 1 or more people occupying the Property. The persons who will be occupying
this Property are the following:
Name _.e.._ _ ❑Adult ❑ Minor <18 vears old
X Adult ❑ Minor(<18 years old en„
�
❑Adult ❑ Mino
r�<1�ears olds
Adult ❑ Minor <98 ears< old
-0 18 ears old
.- ....... . Adult ❑ Minor.. Y..�._��...
❑Adult ❑ Minor(<18 years olds
2, All household members residing in the Property must fall into one of the following categories:
spouses, domestic partners, roommates who choose to share a unit, dependent children and
parents. By signing below, I am attesting to the fact that all household members residing in the
Property fall into one or more of these categories.
3. 1 understand that monthly rent for this Property is set at$1,640.80. By entering into this Affidavit, I
am attesting to the fact that the monthly rent is equal to 22.5%of the combined monthly income
of all adult occupants at the time the Lease is executed.
Signed: ,°" , � )
F.S. 68.082(Florida False Claims Act): Any person who knowingly makes or uses a false record or statement is liable
to the state for a civil penalty of not less than$5,500 and not more than$11,000 and for treble the amount of
damages the state sustains because of the act of the person.
Monroe County Code Section 2-724: Any person who knowingly presents or causes to be presented to the county, or
to any officer, employee, agent or consultant of the county, a false or fraud claim for payment or approval shall be
liable to the County for an amount equal to three times that part of the claim which is false, fraudulent,or inflated, in
addition to attorneys'fees and other remedies.