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Item F05 F5 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 m' David Rice,District 4 Board of County Commissioners Meeting November 8, 2023 Agenda Item Number: F5 2023-1707 BULK ITEM: Yes DEPARTMENT: Employee Services TIME APPROXIMATE: STAFF CONTACT: Megan Fiore-Abreu N/A AGENDA ITEM WORDING: Approval of First Amended and Restated Residential Lease with a County employee for Location 382 Caribbean Drive Unit 1, to add a paragraph listing appliances contained in the unit and clarifying that the County will own and maintain the appliances. 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 purpose of this First Amended and Restated Lease is to add paragraph five(5) into the current lease,which lists the appliances contained in the unit and provides that the County shall provide,maintain, and replace as necessary the appliances. The amendment also adds language stating that the Lessee shall contact Employee Services when maintenance is needed for the listed appliances and the Lessee shall not attempt to repair the below listed appliances on their own. PREVIOUS RELEVANT BOCC ACTION: February 15,2023: Resolution 088-2023 was adopted May 18,2022: Resolution 155-2022 establishing the Employee Housing Rental Program May 17,2023: Current residential lease approved CONTRACT/AGREEMENT CHANGES: Amending initial Residential Lease to include paragraph five(5). STAFF RECOMMENDATION: Approval. DOCUMENTATION: FINANCIAL IMPACT: 131 Effective Date: 06/01/2023 Expiration Date: 05/31/2024 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds:N/A CPI:No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $842.89/monthly Grant: N/A County Match: N/A Insurance Required: Yes 132 FIRST AMENDED AND RESTATED COUNTY-OWNED PROPERTY RESIDENTIAL LEASE (EMPLOYEE) This First Amended and Restated County Owned-Property Residential Lease ("Agreement") is made and entered into on this 8th day of November 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 JULIO MOLLINEDA, a single person, and a Monroe County Employee, ("Lessee"). WITNESSETH: WHEREAS, on are 16, 2011, the County established a policy for use of County-owned residential property by County employees; and WHEREAS, the County owns a residential duplex located at 382 Caribbean Drive, Key Largo, Monroe County, Florida 33037 ("Duplex Facility"), and WHEREAS, the County has decided that it is in the County's best interest to lease the premises located at 382 Caribbean Drive, Key Largo, Unit I ("Premises") upon the terms and conditions as contained herein; and WHEREAS, on June 1, 2023, the County and Lessee entered into a County-Owned Property Residential Lease, in order to lease the Premises to Lessee; and WHEREAS, the County desires to amend the Lease, in order to add a paragraph 5, Appliances, in order to spell out the rights and responsibilities oft e parties with respect to appliances located on the Premises. NOW, THEREFORE, the parties agree as follows: I PROPERTY. County leases tote Lessee the Premises located at Unit I of the Duplex Facility known as 382 Caribbean Drive, Key Largo, Monroe County, Florida (previously the Mariner's Park House), consisting of approximately 800 square, feet of living area. 2. TERM. The term oft is agreement is for one (1) year commencing on June 1, 2023, and terminating on May 31,2024. There is no automatic renewal oft is Agreement. The Lessee shall have the option to renew the Lease as to as the terms of the Lease are met. In the event that the Lessee does not vacate the Premises and surrender it tote 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. ........... ...... ...... ­ ­,........... County-Owned Property Residential Lease Julio Mollineda 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 can the Premises. The Lessee will not use or occupy said Premises for any unlawful purpose and will, at theLessee's sole cost and expense, conform to and obey any resent 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 Leases all be ten-ninated. Lessee covenants and agrees that he will, during the tenn 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 oft e Premises. e Lessee agrees that only his immediate a ily 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 Countythe current rent of / 2a ) per month, with said payment e on the first day of each and every monthe i in on June 1, 2023, and continuing up and until termination oft is Lease. The Lessees all pay a security deposit in teamount equal to one ) cat 's rent tote County prior to occupancy. The monthly paymentshall be remitted to e Monroe County Clerk of Courts, Finance Department, 500 Whitehead Street, Key West, Florida 33040. ® APPLIANCES. The County shall provide, maintain, and replace as necessary the appliances listed below. Lessee shall contact Employee Services when maintenance is needed forte lists appliances. Lessee shall not attempt o repair the below listed appliances on their own. • Refrigerator • Washing Machine Dryer Microwave Oven/Stovetop Dishwasher if applicable to unit) All appliances are the sole possession of Monroe County and shall be left on premise when theLessee's lease ends. 6® UTILITIES. The Lessee shall pay forte utilities including water, sewer, electricity, and soli waste collection, The cost of connections for the above-describe above-described utilities shall be at the expense oft e 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 i to et/cable television services all be paid for by the Lessee. 7. CONDITIONS. The lessee, further agrees that, during e term of this ease: County-Owned Property esi ential Lease ®2 Julie Mollineda a) The Lessee is now and will remain an employee of Monroe County; and He shall have a letter of permission from his Department Director permittingthe Lessee o execute this Lease, a copy of which is attached ereto as " and made a part hereof, c) He shall maintain the Premises as his sale "primary" residence during the term of this Lease and immediately notify Lessor if he shall cease to reside in the Premises as his "primary" residence. Lessee will not have an ownership interest in another residential property in Monroe, Miami-Dade, or Collier Counties, 8. 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 e ises forte term hereby demised without hindrance or interruption Lessor or any other person or persons lawfully or equitably claiming , through, or under Lessor, subject, nevertheless, tot e terms of the Lease. 9m ASSIGNMENT AND SUBLETTING. This Lease may not be sold, transferred, or assigned in full or part withoutthe written permission of Lessor. Any purported assignment it out such prior written consents all be null and void. Lessee shall not have the right to sublet this Lease or any portion oft is Lease or property. 10. DEFAULTS. In the event that Lessee fails, within thirty ( ) days after notice, to cure any default of any obligations owed by Lessee to Lessor under this Lease Agreement then, in that event, Lessors all have the right to terminate this Lease Agreement and to eater upon the leased Premises an again have, repossess, and enjoy the same as if this Lease Agreement hadnot been made. 11® TERMINATION BY COUNTY. This Agreement maye terminated be ore the expiration o a one (1)year term, with or without cause and in the sole discretion oft e County, upon a Sixty ( days' written notice by the County toteLessee; Thirty ( )days' written notice by the County tote Lessee when; i) The Lessee fails to timely pay the County teamount described in this Agreement; o 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; o 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 3 ) days' written notice tote 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 tote County in an emergency situation. County-Owned Property residential Lease 3 Julia Mollineda 11 INSURANCE AND HOLD HARMLESS. The Lessee agrees to carry en Thousand an 00/100 Dollars 1 , ,00) in personal liability coverage on the Premises and prior to execution oft is Lease shall provide evidence thereof by a Certificate of Liability Insurance, a coy of which is attached hereto as Exhibit " " and made a part hereof. Lessee will notify County upon receipt of any notice of reduction or termination or lapse 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 tosses, damages, casts, penalties, and expenses (including ator e 's fees) which arise out of, in connection with, or by reason of the Lessee utilizing the property governed this lease/rental agreement. e 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 terrn of is Lease, this section will survive the expiration of the term oft is Lease or any earlier termination of is Lease. 14. DAMAGE TO PROPERTY BY PETS OR ANIMALS, Lessee may only keep pets on the Premises that ave been approved by the Monroe County Assistant CountyAdministrator and included i e lease application or the Premises. The Lessee shall have sole responsibility for any damage, harm, nuisance, claim, or other liability which arises as a result of theLessee(s) keeping pets or other animals on the Premises, including e parking area upon which e rental Premises is situatedm Any repairs of the Premises, caused by animals or pets of the Lessee, shall be paid for by the Lessee within thirty ( 0) days of being given notice by the County of the coast of the damages. 15. ALTERATIONS AND/ORIf the Lessee wishes to make any o ificatroans or alterations tote Premises, he must first make the request in writing tote County, and receive written er ission from the Director of Facilities Maintenance Department prior to making any alterations and/or modifications. 16® NOTICE. Notices in this Agreement, unless otherwise specified, us e set by UnitedStates Mail, certified, return receipt requested, osa e prepaid, or by courier with proof of delivery. Notice is deemed received by Lessee when hand delivered y 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 hereinit changed in writing irate manner providedin this paragraph. Notices shall be sent tote following: For the CoVM: For the es Assistant County Administrator Julia Mollineda 1100 SimontonStreet, #2-205 382 Caribbean Drive, Unit I Key West, Florida 33040 Key Largo, Florida 33037 Telephone: 305-453-8797 Telephone: 305-587-4118 n County-Owned Property Residential Lease Julio M ollpneda Monroe County Attorney III I 12" St. #408 Key West, Florida 33040 17. ATTACHMENTS, The following documents are required to be attached tothis 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. This Agreement shall not be effective until signed by all parties and all fully completed Exhibits to the Agreement are attached hereto. I& WHOLE CONTRACT AND WAIVER. This Residential Lease is the whole agreement between the parties, and no prior or contemporaneous oral or written communications are part oft e 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. 19. 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 evice® 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, bums, odors, and removal of debris® Any breach of this nosmoking policy could subject Lessee and all occupants of the Premises to eviction and loss of any security deposit. 20. GOVERNING LAWSNENUE. This Agreement shall be governed byte 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) or the provisions of Chapter 513, Mobile Home and Recreational Vehicle Parks) are to be applied as governing this Agreement or used as constructing provisions oft is Agreement. 21, ATTORNEY'S FEES. Should any cause of action or administrative proceeding arise out of this Lease in connection with teenforcement or interpretation oft is Lease between Lessor and Lessee, the prevailing party shall be entitled to reasonable attorney's fees, court costs, and out-of-pocket expenses, as area and 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. 22, MEDIATION. The parties agree to mediate any disputes under this Agreement, and further agree that they will not arbitrate any disputes. 23. SEVERABILITY. If any to 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 to and provision ofthis Agreement shall be valid and enforceable tote fullest extent permitted by law, County-Owned Property Residential Lease uli®Mollineda 24. ABANDONMENT. If at any time during the term oft is Agreement Lessee abandons the Premises or any part thereof, County may, at oun "s option, obtain possession of the Premises in the manner provided by law, withoutbecoming i le to Lessee for damages or for any payment of any kind whatever. County may, at t °s discretion, as agent for Lessee, re et 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 ele i , and, at o y"s option, hold Lessee liable for any difference between the rent that would have been payable under this Agreement during e balance of the unexpired term, if this Agreement hadcontinued in force, and the net rent for such erica 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 propera County is hereby relieved of al liability for doing so. 25. HAZARDOUS MATERIALS. Lessee shall not keep on the Premises any item of a dangerous, flammable, or explosive character a ight unreasonably increase the danger of fire or explosion e Premises or that might be considered ar cs s or extra hazardous by any responsible i sure ce company. 6e INSPECTION OF PREMISES. County and County's agents shall ave the right at all reasonable times during the term oft is Agreement and any renewal ereof toe ter the Premises for the purpose of inspecting the Premises and all buildings and improvements hereon, and forte purposes of making any repairs, additions, or alterations as may be deemed appropriate y County fort e preservation raft e Premises carte 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 withinforty-five 4 days before the expiration oft is Lease. The right of entry shall likewise exist for the purpose of removing lacards, signs, fixtures, alterations, or additions that o not conform tot is Agreement or to any restrictions, rules, or regulations affecting the Premises. m RADON GAS. Notice to prospective Lessee: Radon is a naturally occurring radioactive gas that, when it has accumulated Ina building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed a e al and state guidelines have been found in buildings in this state, Additional information regarding radon and radon es ing may be obtained from a County public health department. m SECTION HEADINGS. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed at such section headings are not a part of this Agreement and will not be used in the interpretation of any provision oft is Agreement. 29. 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 ofauthorship. 30. 3. Lessee warrants that a copy of Monroe County Resolution No. 088-2023 has been provided or made available toteLessee; that Lessee has read and reviewed Monroe County Resolution No. ®2 23; and that Lessee will comply it all of the terms and conditions contained in the Resolution duringe term of e Lease. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] County-Owned Property Residential(Lease 6 Julio Mollirneda WHEREOF,IN WITNESS the parties hereto have executed this Agreement as of the date written above. BOARD OF CtJtIPVTY COMMISSIONERS Attest: KEVIN , FLORIDA, LESSOR As DeputyIc yor WITNESSES for LESSEE: JULIO M LL EDA, LESSEE m.�_ t * � � oat uir a uu t;ue Date -P int Nllru l uq �MM Su uuat�ure Print Name t)4#ice Approved as to form and legal sufficiency: Monroe County c ° ce 10-10-2023 County-Owned Property Residential lease 7 Julio Molluureda EXHIBIT "A" RESIDENTIAL LEASE MEMORANDUM WITH A MONROE COUNTY EMPLOYEE TO RESIDE IN UNIT 1 County-Owned Property Residential lease -.W Julio mollineda BOARD OF UN V COMMISSIONERS County of MonroeMayor Craig Cates,District I The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice.District 4 MEMORANDUM To: Kevin Wilson, Assistant County Administrator From: Willie DeSantis, Director Facilities Maintenance by Megan Fiore-Abreu, Sr. Human Resources Adminstrator Date: April 3, 2023 Subject: Agenda Item- May 17, 2023 BOCC Meeting County Employee Julio Mollineda Residential Leave Unit 1, Location E Pursuant to the Policy for use of residential housing on County-owned property approved by the BOCC at the March 16, 2011 meeting, this location was advertised to County employees on March 23, 2011 and an Upper Keys Public Works employee had applied for and was approved. I hereby request approval to enter into a one-year residential lease agreement with this Monroe County employee to reside in Unit 1 at Location E. This employee has been leasing this Unit 1 at Location E since June 1, 2011. DIY,I mul l,,�a,l�P��,��Il�,r Col ima. loa. William DeSantis ulaII ,nlltl Pm. ,IlncouluVRIDICC. u?ms ilw imGucer'e UL2im0i tlwna m%Ninualul¢wa,w un 117uaw 2023,U111m.iCu',b 92�.iO4.Q,.i110410i1Y Willie DeSantis Date EXHIBIT "B99 RESIDENTIAL LEASE WITH A MONROE COUNTY EMPLOYEE TO RESIDE IN UNIT 1 CERTIFICATE OF INSURANCE County-Owned Property Residential Lease Julia Moliineda DATE(MM/DD/YYYY) ACOR" EVIDENCE OF PROPERTY INSURANCE 03/21/2019 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW.THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE (305)451®1467 COMPANY , No Ext Insurance Connection of South FL, Inc Universal Property & Casualty Insurance Cc 99353 Overseas Hwy#1 Key Largo, FL 33037 FAX No: (305)451-0667 E R'Ess: gabriel@insuranceconnect.net CODE: 9S30 SUB CODE: AGENCY 00007162 CUSTOMER ID#: INSURED LOAN NUMBER POLICY NUMBER Julio Molli leda 1502-1200®6656 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL P.O.Box 371607 06/20/2023 06/20/2024 El TERMINATED IF CHECKED Key Largo, FL 33037 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Dwelling located at 362 Caribbean Cr#1 Key Largo, FL 33037 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION PERILS INSURED I I BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Dwelling 0 1,000 Other Structures 0 Personal Property 20,000 LOSS of Use 4,000 Liability 100,000 Medical 1,000 REMARKS(including Special Conditions This policy is renwed and paid in Full. APPROVED BY RISK MANAGEMENT emu, DATE 5/9/2023' _._ WAIVER N/A—YES— CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSUREDLl LENDER'S LOSS PAYABLE LOSS PAYEE Monroe County MORTGAGEE X Other LOAN# AUTHORIZED REPRESENTATIVE GMS ACORD 27(2016/03) ©1993-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by GMS on May 09,2023 at 02:43PM