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HomeMy WebLinkAbout02/19/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 3, 2025 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services Marie Brouillette, Sr. Special Programs Administrator Social Services Katica Downing Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: February 19, 2025 BOCC Meeting The following items have been executed and added to the Official Record: C1 State Housing Initiatives Partnership (SHIP) Program Rental Monitoring Agreement between Monroe County and Habitat for Humanity of Key West and the Lower Florida Keys, Inc., for the improvement of affordable rental properties located on Eisenhower Drive, Key West, Florida; as well as acknowledgement of the SHIP Mortgage and Promissory Note that secures such rehabilitation (construction) services in the amount of$200,000 (SHIP Program funds) for fifteen (15)years. C10 State Housing Initiatives Partnership (SHIP)Program Rental Monitoring Agreement between Monroe County and the Archdiocese of Miami, doing business through Catholic Charities of the Archdiocese of Miami, Inc., for the construction of affordable rental properties located on Flagler Avenue, Key West, Florida; as well as acknowledgment of the SHIP Mortgage and Promissory Note that secures the funding for the ten (10) ADA affordable rental units in the amount of$400,000 (SHIP Program funds) for fifteen (15) years. Should you have any questions please feel free to contact me 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 Doc#2495730 Bk#3319 Pg#1793 Recorded 4/3/2025 10:32 AM Page 1 of 9 SHIP RENTAL MONITORING AGREEMEN T BETWEEN Filed and Recorded in Official Records of MONROE C MONROE COUNTY KEV N MADOK,CPA ARCHDIOCESE OF MIAMI (CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC.) felvvey � s SHIP Rental Monitoring Agreement (hereinafter "Agreement") is made this day of , , by and between the Archdiocese of Miami, doing business through Catholic Charities of the Archdiocese of Miami, Inc., a Florida Not for Profit Corporation, whose principal address is 1505 NE 26 Street, 2nd Floor, Wilton Manors, Florida 33305 (hereinafter referred to as "Owner"), and Monroe County, a political subdivision of the State of Florida, whose principal address is 1100 Simonton Street, Key West, Florida 33040.(hereinafter referred to as "County"). RECITALS WHEREAS, Owner owns the land located at 2700. Flager Ave., Key West, FL 33040, more specifically described in "Exhibit A," attached hereto and made apart hereof(hereinafter"Property"); and WHEREAS, County is a recipient of SHIP funds pursuant to Chapter 420, Florida Statutes, and specifically Section 420.9072 et seq., and the associated administrative rules under Chapter. 67, Florida Administrative Code (hereinafter referred to collectively as the "SHIP Rules and Regulations"); and WHEREAS, on May 18, 2022, the parties entered into the Land Use Restriction Agreement (LURA) recorded in the Monroe County Official Records Books in Book 3180 at Page 1262, to loan a o ion ofits program funds to Owner for purposes ofaffordable ousin pgg construction and rental activities for ten (10) units upon the Property; and WHEREAS, in exchange for the CountyprovidingSHIP funds in the amount of$40,000.per unit, g . . for a total of $400,000, Owner executed a mortgage deed and promissory note, and this SHIP Rental Monitoring Agreement, with express promises and conditions among such include the annual certification that each tenant be a very-low or low income tenant who may also be persons who have special housing needs; and WHEREAS, parties:adopt all provisions in the above referenced documents, and desire to set forth additional requirements as stated herein. Now therefore, in:exchange for good and sufficient consideration, the parties hereby agree to the following terms and conditions: 1. Recitals. The parties hereby adopt the above:recitals as true and incorporate them mein. 2. Contract Documents. The contract documents consist of this Agreement between the parties, the LURA between the parties, and SHIP Mortgage and Promissory Note executed by Owner. The contract:. documents must be construed together; however, in the event of a conflict between the aforementioned documents, this Agreement will control, followed by the Promissory Note, SHIP Mortgage, and then the LURA, in that order. 3. Incorporated Laws. The Owner agrees to comply with all SHIP Rules and Regulations, as well as local laws, regulations, and policies adopted the County, including but not limited to its adopted Local. Housing Assistance Plan (the "LHAP") in accordance with Rule Chapter 67-37, Florida Administrative Code, as a part of the State Housing Initiatives Partnership: ("SHIP") Program which contains an Affordable Rental Construction/Rehabilitation Strategy to provide funding for the construction or purchase of new construction housing, or purchase of existing housing and the rehabilitation of, or additions to, existing housing, used for affordable rental housing as referred to in.Sections 420.0004, and 420.9071 Fla. Stats., and to include persons with special needs as also defined therein. 4. Affordable Units. The Owner recently constructed and plans to operate affordable rental units that provide housing to SHIP Income eligible clients, to include persons with disabilities. Owner will utilize SHIP funds on a reimbursement basis for the construction of ten (10) affordable rental units located at: 2700 Flagler Avenue, Key West, in Monroe County, Florida, as described in "Exhibit A." One hundred percent (100%) of the ten (10) housing units must be set aside for occupants who upon initial occupancy are special needs clients who also have annual gross incomes equal to or below eighty percent (80%) for the Monroe County, Metropolitan Statistical Area (MSA), as determined by the U.S. Department of Housing and Urban Development (HUD) on an annual basis. The income requirements are required to remain in place for the entire fifteen (15) year period. The.fifteen (15) year period begins at the date of irst occupancy. 5. SHIP Funds. The total amount of SHIP funds to be expended will be FOUR HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($400,000.00). This amount shall be divided equally between the ten (10) units, at Forty Thousand:Dollars ($40,000) per unit. The funds shall be provided to the Owner for construction reimbursement of ten (10) affordable rental units. 6. Relationship. Nothing contained in this Agreement shall be deemed or construed as creating any other business relationship, partnership or joint venture between Owner and Monroe County Board of County Commissioners/Monroe County and/or the Monroe County State Housing Initiatives Partnership (SHIP) Program. 7. Manner of Performance; Warranties and Representations. Owner shall do, perform, and carry out in a professional and proper manner the requirements set forth in the contract documents. Owner shall properly supervise and direct completion of construction or rehabilitation measures, and manage the. Property for the benefit of eligible tenants in all units assigned under this Agreement. Owner is solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Property and complying with all applicable laws, ordinances, rules, regulations. Owner shall take all reasonable precautions for the safety of, and shall provide:all reasonable protection to prevent damage, injury, or loss to (1) all tenants and employees on the Property and other affected persons, (2) all work, maintenance, and materials and equipment located upon the Property, and (3) other personal pkept property�� p or stored upon the:Property. 8. Payment and Terms of Assistance. The parties agree that this SHIP assistance is provided as a forgivable loan with a term of fifteen (15) years in accordance with the LURA, and SHIP Mortgage and Promissory Note. An Owner that offers the rental housing for sale:before the fifteen (15) year period or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons (as used herein "eligible persons" means "Low-income person," "Very-low-income person," as those terms are defined.in Section 420.9071, Flat. Stat., and "Persons With Special Needs" as that term is defined in Section 420.0004, Fla. Stat., and as those sections may be amended from time to time). 9. Material Understandings; Compliance Monitoring. The parties agree that the following is a material:breach of this Agreement: 1) use of the Property for any purpose other than as a residence for "Low-income person," "Very-low-income person," as those terms are defined in Section 420.9071, "Definitions," Fla. Stat., and "Persons with special needs" as the term is defined in Section 420.0004, "Definitions," Fla. Stat.; 2) the sale or other unauthorized transfer of any kind or nature of the Property or any part thereof; 3) the existence of an Event of Default under the SHIP Mortgage secured by the Promissory Note. Owner shall determine and verify the,income eligibility of tenants in accordance with HUD Section 8 housing assistance programs in 24 CFR Part 5 for this Property. Income shall be calculated by annualizing verified sources of income for the household as the amount of income to be received by a household, during the 12-months following the effective date of the determination. The annual gross income, as defined in Section 420.9071, Fla. Stat., must be used, and the annual SHIP Program income limits cannot be exceeded. The Owner must maintain complete and accurate income records pertaining to each tenant occupying a SHIP assisted unit. All funds shall be expended in accordance with the SHIP program guidelines. The names and demographics of the SHIP assisted tenant(s) must be provided to the Monroe County SHIP Program Administrator,ministrator, including annual income, number of household members, and age and race of the head of household. In addition to compliance with SHIP Rules and Regulations, including but not limited to.Sections 420.907-420.9079, Fla. Stat., and Chapter 67-37, F.A.C., all projects must be in compliance with 24 CFR Part 5, "General HUD Program Requirements; Waivers," as amended from time to time, including but not limited to income limits, annual income, rent, and examinations for Public Housing and Section 8 Programs. In particular, Owner must ensure compliance with: a. Income:limits; b. Definition of Affordability; c. Maximum Rent; and d. Non- discrimination. Owner acknowledges and agrees to stay updated on income qualification training by completing re-training at least once every three (3) years. Owner, or any authorized successor, must remain.in contact.with the Monroe County SHIP Program Administrator during the fifteen (15)-year SHIP affordability period and hereby accepts its affirmative obligation to report any changes in tenancies within thirty (30) days of any change. Once annually, beginning after all units are occupied, but prior to June 30 of each calendar.year, Monroe County.SHIP Program Administrator or designee will conduct a monitoring visit to review income compliance and affordability of rent/housing costs, pursuant to and in accordance with Section 420.9075, Fla. Stat., as well as complete an inspection of the physical condition of the SHIP- assisted units upon the Property. No less than thirty (30) days before the scheduled monitoring visit, the Owner will provide the following to Monroe County: a. A completed annual re-certification of income eligibility for each SHIP-assisted rental unit using a residential income certification form and including required verification of household income and assets; b. Proof of Affordability of Units; and c. Certificate of Hazard Insurance naming Monroe County as additional insured. 10. Confidentiality of Client Information. Owner agrees to keep confidential all client information which is confidential and exempt pursuant to the requirements of relevant Florida public records laws, as amended from time to time; and specifically, as required y Section . 19.071(5)( , Fla. Stat., as same may be amended from time to time. 11. Standards for Owner & Subcontractors. Owner shall not enter into any agreement with any contractor or subcontractor who has been debarred from performing work by any agency of the United States Government or by.the State of Florida. Owner certifies that it will comply with all obligations of and not employ any subcontractors in violation of: Section 448.095, Fla. Stat., regarding the State's E-Verify requirements; Section 287.137, Fla. Stat., regarding the State's antitrust violator vendor list; Section 287.133(2)(a), Fla. Stat., regarding the State's Convicted Vendor. List; Section 287.134(1)(a), Fla. Stat., regarding the State's Discriminatory Vendor. List; Section 286.101, Fla. Stat., regarding the State's foreign gifts and contracts; Sections 287.135, 215.473, and 287.138, Fla. Stat., regarding the State's Scrutinized Companies and Countries of Concern listings; Section 787.06, Fla. Stat., regarding the State's noncoercive conduct for labor or:.services; Section 287.087, Fla. Stat., regarding Drug-Free.Workplace; Section 2-347(1), Monroe County Code, regarding the County's Suspended Vendor List. Owner shall be fully responsible for the acts or omissions of any contractors, subcontractors, agents, and persons either directly or indirectly employed by them. At no time shall any contract or agreement between Owner and any contractor be construed as a relationship, formal or informal, between said contractor and County. 12. Indemnification; Sovereign Immunity. agrees to be solelyresponsible,onsible, and shall hold g Owner p harmless the County, its elected officials, officers, directors, and employees for any and all claims brought against either Owner or County, or for liabilities incurred by County as a result of actions or omissions by the Owner or its agents. Notwithstanding anything contained herein, nothing in this SHIP Rental Monitoring Agreement shall be deemed or construed as a waiver of any privilege, defense, immunity, or other protection which is available to the County under the doctrine of sovereign immunity, or the limitations of liability contained in Section 768.28, Fla. Stat., as may be amended from time to time. This section will survive t e termination of this Agreement. 13. Insurance. The Owner shall obtain insurance as specified, and always maintain the required insurance while this Agreement is in effect. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better,:that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' written notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. Owner shall obtain and maintain the following:policies: a. Workers'Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440,. Fla. Stat. Employers Liability. Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, $1,000,000 Disease each employee. b. Comprehensive Business Automobile and Vehicle Liability Insurance with limits of $200,000 per person; $300,000 per occurrence; $200,000 Property Damage or$300,000 Combined Single Limit. c. Commercial General Liability Insurance with limits of$500,000 Combined Single Limit d. Contractors. Errors & Omissions Liability Insurance to be maintained by the General Contractor or Construction Manager with limits of$1,000,000. e. Builders Risk Liability Insurance with Full Replacement Value of the Completed Project (to wit: 10 units upon the Property). An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may be reported must extend or a minimum of 48 months following the termination or expiration of this Agreement. County shall be named as an additional insured with respect to Comprehensive Business Automobile and Vehicle Liability Insurance, and Commercial General Liability Insurance. Owner shall require contractors and subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Owner if so required by County during the term of this Agreement. County will not pay for increased limits:of insurance. Owner shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the C County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. If the Owner participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Owner may be required to submit updated financial statements from the fund upon request from the County. 14. Nondiscrimination. The Owner and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective ective t:,e date of t. e court order. Owner agrees to comply with all Federal eral and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964. (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex:or national origin; 2) Title IX of the Education:. Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. which prohibits discrimination on the basis of disa i i y The Age Discrimination ct of 1975, as amended USC ss.� � �- which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive ensive Alcohol Ab use and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and ee- , as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe.County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) The. Pregnant Workers Fairness Act (PWFA) pursuant to 42 U.S.C. 2000gg et seq.; and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to, the parties to, or the subject matter of, this Agreement. 15, Florida Public Records Law. county is a public agency subject to Chapter 119, Florida Statutes,. as amended from time to time. To the extent Owner is acting on behalf of the County pursuant to Section 119.0701, Florida- Statutes, as amended from time to time, Owner must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law, Owner agrees to: a. Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform the services. b. Upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. c. Ensure that public records that are exempt, or confidential and exempt, from public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Owner does not transfer the records to the County. d. Upon completion of the services within this Agreement, at no cost, either transfer to the County all public records in possession of the Owner or keep and maintain public records required by the County to perform the services. If the Owner transfers all public records to the County upon completion of the services, the Owner must destroy any duplicate public records that are exempt,-or confidential and exempt, from public records disclosure requirements. If the Owner keeps and maintains public records upon completion of the services, the Owner must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. IF THE OWNER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OWNER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY-FLGOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. If Owner does not comply with this section, the County .will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 16. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, '.insurance: rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Courtand Comptroller (hereinafter referred to as"County Clerk")to substantiate charges related to this agreement, and all other agreements, 5 of 9 sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all oregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit it and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing e distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, contractors, subcontractors, suppliers, and Owner(s) representatives. Owner agrees to keep all records for ten (10) years after conclusion of e fifteen (15)-year-year term. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities, relating to this Project. If any auditor employed by the Monroe County or. County Clerk determines that monies paid to Owner pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Owner, the Owner shall repay the monies together with interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies were paid to Owner. This right to audit provision survives the termination of expiration of this Agreement. 17. Disagreements and Disputes. In the event that either Owner or County commence an action for damages, injunctive relief, or to enforce the provisions of this Agreement, and either party prevails in any such action, the prevailing party shall be entitled to an award of its reasonable attorneys' fees and all costs incurred in connection therewith as determined by the court in any such action. 18. Governing Law; Venue. The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively, in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida, or United.States Bankruptcy Court for the Southern District of Florida, whenever applicable. 19.Assignment. This Agreement may not be assigned without prior written consent of both parties executed in equal formally as this Agreement. This Agreement will be binding upon, and will inure to the benefit of, each party's authorized successors and assigns. 20. Notices. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: :. To the County: Monroe County Administrator - 1100 Simonton Street, Room 2-205 Key West, Florida 33040 Copy to: Monroe County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 Copy to: Monroe County Social Services Department/SHIP Administrator 1100 Simonton Street, Room 2-257 Key West, Florida 33040 To the Owner:. Catholic Charities of the Archdiocese of Miami, Inc. 1505 NE 26 Street, 2nci Floor Wilton Manors, FL 33305. Copy to: Thomas H. Courtney, Esq. J. Patrick Fitzgerald &Associates, P.A. 110 Merrick Way, Suite 3B Coral Gables, FL 33134 21. Other Forms. Owner agrees to complete, or mandate the completion of such forms as County deems necessary in furtherance of its grant award from the state. The forms may include, but are not limited to: SHIP Authorization for the Release of Information Form; SHIP Resident Income Certification; Special Needs or Disabling Condition Certification; etc. 22. Merger; Amendment. This Agreement constitutes the entire Agreement between the Owner and the County, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Owner and authorized designees of the County. 23. Interpretation. The titles and headings contained in this Agreement are for reference purposes only and will not in any way affect the meaning or interpretation of this Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes the plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a section or article of this Agreement, such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph of such section or article. Any reference to "days" means calendar days, unless otherwise expressly stated. 24. Joint Preparation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 25. Severability; Waiver of Provisions. Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non-enforcement of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability of that provision or of the remainder of this Agreement. 26. Signatory Authority; Counterparts and Multiple Originals. Upon request, the Owner must provide the County with copies of requisite documentation evidencing that the signatory for Owner has the authority to enter into this Agreement. This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which is hereby deemed to be an original, but all of which, taken together, constitutes one and the same agreement. [Remainder intentionally blank] 7of9 IN WITNESS WHEREOF, County and Owner have executed this Agreement as of the date first written above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,:FLORIDA 14/!P,4 j,,',.-._.4,j__c_0;---,,,,6 ,V By: N K . ,..)e-K.14) ,0, ,peI ._.;-L ,,t , Mayor f4 : r ,.T Ø(ladok, Clerk ca 1Zif ec164� '+` G'u't�'l t�. V: \\„..t._, putt' Clerk 1`ter Aa ' n`' n,,': a. :. wii„,„: e. ‘---,'„,,-,7-77,:\,.,.p.:.," Approved as to legal form &sufficiency: t1 1111. Assistant County Attorney SHIP RENTAL MONITORING AGREEMENT BETWEEN MONROE COUNTY AND ARCHDIOCESE OF MIAMI (CATHOLIC CHARITIES OF THE ARCHDIOCESE OF MIAMI, INC.) OWNER: A CHDIOCE$E OF MAIMI y -t- 44 Signature The Most. Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and: his successors in office, a corporation sole, doing business as sAr chdiocese President ofCatholic Charities.of the Archdio ese of Miami, Inc., a Florida Not for Profit Corporation STATE OF FLORIDA COUNTY OF a---ba-1/4.wte___. The foregoing instrument was acknowledged before me, by means of physical presence or 0 online notarization, this 3 day of ,, ,L. , 20 a , :by. The Most Reverend Thomas G. Wenski, as Archbishop of the Archdiocese of Maimi, signing for himself and his successors in office, a corporation sole (and owner of the subject Property), doing business through the Florida Non- Profit Corporation registered as Catholic Charities of the Archdiocese of Miami, Inc., as President, who is personally known to me or who has produced as identification. [Notary:Seal] \ Ilk S -_ ignatu - . 1 •'® I o<it'Y�P�i.. MAYRA NEULINA ROSSELL �. ,� r ?. • ;' Notary Public-State of Florida. �,� I Commission N I �_ `" t�PA) 1 In. O S �: . � HH 342576. . - I "'?',op :9'� My Comm.Expires Feb 10,2027 (Print Stamp Commissioned Name of Notary Public) Bonded through National Notary Assn. "EXHIBIT A" Legal Description: "PARCEL C" On the Island of Key West and more particularly described as follows: Commencing at the intersection of the Southerly right of way line of Flagler Avenue and the Westerly right of way line (curb line) of Roosevelt Boulevard, in Key West, Florida, bear South 68°45'40" West along the Southerly right of way line of Flagler Avenue for a distance of 7282.40 feet to a point,said point being the Northwesterly corner of the lands described in Official Records Book 19 at Page 275 of the Public Records of Monroe County, Florida; thence S21°14'20"E along the Southwesterly boundary line of the said lands described in Official Records Book 19, at Page 275 of the Public Records of Monroe County, Florida, for a distance of 158.10 feet to a point; thence N68°45'40"E for a distance of 13.00 feet to the Point of Beginning of the parcel of land hereinafter described; thence continue N68°45'40"E for a distance of 146.50 feet to a point; thence S21°14'20"E for a distance of 48.00 feet to a point; thence S68°45'40'W for a distance of 146.50 feet to a point; thence N21°14'20'W for a distance of 48.00 feet back to the Point of Beginning. Said parcel of land contains 7,032.00 Square Feet, more or less. Parcel Identification Number: 00065090-000000 General Street Address: 2700 Flager Ave., Key West, FL 33040 Post-Construction Mailing Address: 2720 Flager Ave,, Units 1 through 10, Key West, FL 33040 roc,otR,.c.o• ,c x r. h1 SS•r4:4P1 LT U t F. CO. = f; .4*.or u�I•ri en1i.. _.:.in•err re'Q "PARCEL E3" s7 e1 Od aw r ► vhe uj. 9of9 • /r� ® DATE(MM/DD/YYYY) . .ACORNCERTIFICATE OF LIABILITY INSURANCE 02/03/2025 THIS CERTIFICATE. IS ISSUED AS A. MATTER OF INFORMATION ONLY AND. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE. DOES. NOT. AFFIRMATIVELY OR :NEGATIVELY AMEND, EXTEND. OR ALTER THE COVERAGE AFFORDED• BY: THE POLICIES . - BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT. .CONSTITUTE A. CONTRACT BETWEEN. THE ISSUING. INSURER(S), AUTHORIZED• • • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. • - IMPORTANT:. If the. certificate holder is an ADDITIONAL INSURED, the policy(ies) must have. ADDITIONAL INSURED provisions" or be endorsed. If SUBROGATION:IS WAIVED, subject:to the terms and conditions of"the policy, certain .policies may require an endorsement.-"A,statement on " . this certificate.does"not confer rights to the certificate holder in lieu of such endorsement(s). ' c PRODUCER • NAMEACT Aon Risk Services,. Inc of Florida :. PHONE C.No.Ext): • (866) 283-7122 FAc.No.) (800) 3.63-0105 701 Brickell Avenue c. Suite 3200 E-MAILOSS: I • Miami .FL:33131 USA • INSURER(S)AFFORDING COVERAGE NAIC#•INSURED ; •INSURER A: Lloyd's Syndicate.No. 2987 AA1128987:. Catholic:Charities of The Archdiocese INSURER B: Safety .National. Casualty Corp 15105 • of Mi ami. • '1505'NE 26th Street • INSURERC: Fortegra Specialty:Insurance Company 16823 Wilton:Manors FL..3330.5 USA. INSURER D: INSURER E:. • • INSURER F: COVERAGES • CERTIFICATE NUMBER: ; 570110741184 REVISION NUMBER: ' THIS IS TO CERTIFY THAT 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 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, ' • Limits shown are as requested INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER. (MMIDD/YYYY), (MM/DD/YYYY). LIMITS A X COMMERCIAL GENERAL LIABILITY PK1O27424 04/01/2024 04/01/2025 EACH OCCURRENCE •• $2,"250,000 • SIR applies per.policy terms & conditions. . DAMAGE TO RENTED • • CLAIMS-MADE [ jOCCUR ) $2,2.50,000 PREMISES(Ea occurrence X SIR$250,000 • MED EXP(Any one person) EXcl tided • PERSONAL&ADV INJURY $2,.2 50,000 GEN'LAGGREGATE LIMIT APPLIES PER:" GENERAL AGGREGATE. $2,2.50,OOO.. . PRO- . ,. X POLICY ["1 JECT LOC PRODUCTS COMP/OP AGG $2,250,000 OTHER: • Agg.All Coverages $2,250,000 p A AUTOMOBILE LIABILITY PK1027424 h 04/01/2024 04/01/2025 COMBINED SINGLE LIMIT $2;250,OO• O ac Limits SharedWith GL (Ea cident) X ANY AUTO SIR"appl i es• per policy terms & conditions BODILYINJURY I Per person) . O OWNED. SCHEDULED BODILY INJURY(Per accident) Z AUTOS ONLY. .. AUT OS PROPERTY DAM HIRED AUTOS NON-OWNED AGE eraccident) v ONLY � AUTOS ONLY (P .. :.�• Self-Insuredete 5 ,OOO Retention $2 0 � UMBRELLA"LIAB OCCUR. EACH OCCURRENCE. •EXCESS LIAB CLAIMS-MADE. AGGREGATE DED RETENTION C WORKERS COMPENSATION AND ABL100004303 04/01/2024 04/01/2025 X I PER STATUTE I OTH EMPLOYERS'LIABILITY I ER Y/N Retention $300;000 Ea. ANY PROPRIETOR/PARTNER/ Oc E.L.EACH ACCIDENT $4'50,00.0 EXECUTIVEOFFICER/MEMBER N. N/A SIR applies per. pollcy. terms & conditions (Mandatory in NH) • -� E.L.DISEASE EA EMPLOYEE $4 5 O,OOO If yes,describe under" DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $450,000 B Excess Workers"Compensation • SP406645.3 04/01/2024 04/01/2025 EL Max.' Per Occ. : $1,000,000• • • .. •.. Ex"WC Statutory Limits. SIR Per 0cc. $750,000 SIR.applies per policy terms &;.conditions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: 2720Fla ler Ave., Key west, Fl Unit•110. Certificate Holder is included as. Additional Insured on.General Liabilitypolicy p, Y.;34 as require . y written contract. mi-e. CERTIFICATE HOLDER .. CANCELLATION :. • APPROVED BY RISK MANAGEMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 014 DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 04 2 - - BY• C{r o.�.� tt¢. ' DATE 02: Mon roe County BOCC • AUTHORIZED.REPRESENTATIVE. —— WAIVER N/A j(YES.• 1100"Simonton Street. . .. • Key west FL 33040 USA M.dc ae, e j ee w 11111 • @1988-2015 ACORD CORPORATION.All rights reserved ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ; AGENCY CUSTOMER ID: 570000065443 LOC#• ACOR'L7 ADDITIONAL :REMARKS:SCHEDULE Page _ of AGENCY NAMED INSURED Aon. Risk Services, Inc.of Florida. : Catholic :Charities of The Archdiocese POLICY NUMBER. See Certificate Number: :570110741184 CARRIER NAIC CODE . _. . :. See Certificate Number: 570110741184 EFFECTIVE DATE ADDITIONAL.REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Security Schedule Policy: PK1027424 Policy Period: 4/1/2024 - 4/1/2025 Issuing Companies: :. Certain underwriters at Lloyd's, London: Syndicate BRT 2987 40%; Syndicate ASP 4711 20%; Syndicate AXS 1686 - 5%; Endurance worldwide Insurance Limited 14 %; United_Specialty Insurance company21% ACORD 101(2008/01) OCORPORATION.All rights ©2008ACORD reserved. The ACORD name and logo are registered marks of ACORD MONROE COUNTY FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor/Vendor: ARCHDIOCESE OF MIAMI CATHOLIC CHARITIES Project or Service: • 10 ADA ELDERLY RENTAL UNITS Contractor%Vendor 1505NE 26 r 2nd Floor, Wilton Manors, Florida Address&Phone#: 6 Street, o , o a 5 General Sco e of Work: : REIMBURSEMENT OF COMPLETED CONSTRUCTION p CONSTRUCTION OF UNITS IS COMPLETE,ETE,CERTIFICATE OF OCCUPANCY HAS BEEN ISSUED Reason for Waiver or Modification: FINAL BUILDING INSPECTION HAS BEEN ISSUED,UNITS ARE INSURED COI ON FILE Policies Waiver or Modification will a 1 to:. 10 ADA UNITS LOCATED AT 2720 FLAGLER#1-10 KEY. WEST, FL pply DiThomas H Courtney gitally signed by. Thomas H.Courtney Signature of Contractor/Vendor: Date:2025.02.05 14:09:59-05'00' Date: Approved Not Approved 02/05/25 ./ I I G `:Digitally signed by Gaelan P Jones Risk Management i k Signature:_ a e: a n P Jones Date:2025.02.05 16:49:26-05'00 Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: ___FL Meeting Date: