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HomeMy WebLinkAbout01/28/2026 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: February 4, 2026 TO: Cathy Crane, Director Community Services ATTN: Lourdes Francis, Administrator Social Services Jenna Tuttle, Senior Administrator of Operations Social Services Marie Brouillette, Sr. Special Programs Administrator Social Services Katica Downing Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: January 28, 2026 BOCC Meeting The following item has been executed and added to the record: 03 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 rehabilitation of affordable rental housing located at 5530 3rd Avenue, Key West, Florida(L'Attitudes), in accordance with the approved Local Housing Assistance Plan (LHAP) and the previously recorded Land Use Restriction Agreement(LURA), and acknowledgement of the SHIP Mortgage and Promissory Note securing SHIP Program funds in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), with assistance not to exceed Forty Thousand Dollars ($40,000.00)per unit, for a fifteen (15)year affordability and monitoring period. 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 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM L`A7TITUDES RENTAL MONITORING AGREEMENT BETWEEN 0OONROE COUNTY AND HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC. This State Housing Initiatives Partnership (SHIP) Program Rental Monitoring AgF98rDSOt for the L`ATT1TUDES Property (hereinafter "Agreement") is 0Bdg this 28th day of , 2026' by and between the Habitat for Humanity of Key West and Lower Florida Keys, Inc., a Florida Not for Profit Corponation, whose principal address is 471 Overseas Hvvy, Ste. 102. Key VVeet, FL 33040 (hereinafter referred to as "[}Vvner'')' and Monroe County, 8 po|iUC8| subdivision of the State of Florida, VVhOSS principal address is 1100 Simonton 81reet, Key VVest, Florida 33040 (hereinafter referred to as "County"). RECITALS WHEREAS, Ckwn8[ holds a 99-yea[ Leasehold interest in the land identified by Monroe County Property Appraiser Parcel |[} 00126870'000000, on the island of Stock |o|anU and located at 5530 3rd Ave, Key West, Florida 33040, more specifically described in "Exhibit A,"attached hereto and made apart hereof(hereinafter"PrVpertV"); and WHEREAS, CDUOh/ is 8 recipient of SHIP funds pursuant to Chapter 420, Florida Statutes, and specifically Section 420.907 et oeg., and the associated administrative rules under Chapter 67, Florida Administrative Code (hereinafter referred to collectively aS the"SHIP Rules and RegV|ahnnS''\; and WHEREAS, on April 21. 2021. the parties entered into the Land Use Restriction Agreement ("LURA'') recorded in the Monroe County Official Records Books in Book 3192 at Page 228. to loan a portion of its SHIP program funds to Owner for purposes of affordable housing rehabilitation and rental activities for twelve (12) units Up0D the Property; and WHEREAS, iD exchange for the County providing SHIP funds inthe amount OfuptO $4O'000per UOit. with 8 ceiling expenditure (i.e. award) Of $200,000. {}VYOer executed a leasehold mortgage and promissory OCde. and this SHIP Rental Monitoring Agreement, with express promises and conditions among such include the aDOVa| certification that each tenant be8very-low or low income tenant; and WHEREAS, the parties have agreed to a "per unit rehabilitation" arrangement in on amount up to $40.000 per unit, that is designed to draw down the balance of$20O.O0O on a reimbursement basis for potentially all twelve (12) uO|15 On the Property; and VVHEREA8, the parties adopt all provisions |O the above referenced documents, and desire tVset forth additional requirements as stated herein. Now therefore, in exchange for good and sufficient consideration, the parties hereby agree tothe following terms and Conditions 1. Recitals, The parties hereby adopt the above recitals 8S true and incorporate them herein. 2. Contract Documents. The contract documents consist Of this Agreement between the parties, the LURA between the parties, and SHIP Leasehold Mortgage and p[O0iSaO[y 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 coD1Fo|, followed by the P[OOliSS0[V N0t8, SHIP Leasehold Mortgage, and then the [URA, in that order. 1uf9 3. Incorporated Laws. The Owner agrees to comply with all SHIP Rules and Regulations, as well as local laws, /egulations, and policies adopted the County, including but not limited tu its adopted Local Housing Assistance Plan (the "LHAP") in accordance with Rule ChapterO7-37. Florida Administrative Code. as a part of the State Housing |DiU8tiVeS Partnership ("SHIP") Program which contains an Affordable Rental Construction/Rehabilitation Strategy to provide funding for the construction or purchase of new [0DSf[UCtiOO hOu8iDQ. or DU[Oh8Se of existing housing and the rehabilitation Of. or additions to, existing hOueiDQ. used for affordable rental housing as referred to in Section 420.9071. Fla. Stat.. as amended from time to time. 4. Affordable Units. The Owner recently plans to rehabilitate and operate affordable rental units that provide housing to SHIP Income eligible clients. Owner will utilize SHIP funds ona reimbursement basis for the rehabilitation of twelve (12) affordable rental units located on the island of Stock Island in Monroe COuntv. Florida, ao specifically described in "Exhibit /\." attached hereto and incorporated herein. One hundred percent(10U96)of the twelve(12) housing units must beset aside for occupants who upon initial occupancy are 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) OD an aDOu8| basis. The income requirements are required to remain iD place for the entire fifteen /15\ year period. The fifteen (15) year period begins at the date Of completion 0f payments made tOOwner. 5� SHIP Funds. The total maximum amount of SHIP funds to be expended will be TWO HUNDRED THOUSAND DOLLARS AND ZERO CENTS ($2OO,U0O.OU). This total amount shall Ue divided between the twelve (12) units, not 10 exceed a total of Forty Thousand Dollars ($40.00O) per unit. The funds shall be provided to the Owner for the reimbursement of rehabilitation work of the twelve (12) affordable rental units. Reimbursement documentation must be submitted within sixty (60) Days from execution of this agreement. Owner will be given an additional thirty (30) days to correct invoices as necessary or submit supporting documentation for 8ppnDV3| by the [NVOP3e CVUnb/ Clerk of COUrtS. Reimbursement documents aho|| include only work completed after the date of execution of the LURA as recorded on August 30, 2022. in {}#iCig| Records Book 3192, Page 228 of the OOioio| Records of Monroe [|VuDty. Florida. /f Owner fails to timely Submit complete, 8courote, and fully gppr0v8b|e ne|nnbVrSerneOt documentation within the thirty (30)-doyoune period. any and all reimbursement amounts not properly requested and approved within such period shall be deemed permanently forfeited, and Owner shall have Oo further right, claim, Vr entitlement t0 such funds. 8. 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 SHIP Program. 7. Manner OfPerformance; VVor[8DUeS and Representations. Owner shall do, p8rfqnn. and carry out in 8 pn3f8SSiOO8| and pnJp8[ 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 UDi1S assigned under this Agrge[DgDi 0VVD8r is solely responsible for initiating, maintaining, and supervising all safety precautions and programs inconnection with the Property and complying with all applicable laws, ordinances, rules, regulations. Owner shall take all re8SVn8b|8 p[ecaUUOOG for the safety of, and 8h8|| provide all n38Songb|e protection to prevent damage, injury, Vr\VsstQ (1) 8U1eOaDts8ndemp|oyeesOnthePnJpedvaOd0theraffeCtedpe[sonG. (2) all work, meinteDonoa, and materials and equipment located upon the Property, and (5) other personal property kept O[stored upon the Property, 8. Payment and Terms Vf 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 Leasehold Mortgage and Promissory Note. If Owner offers the rental housing for sale (of its leasehold interest held 2nf9 in the before the fifteen (1B year period, Owner must give 8 right Offirst refusal to eligible nonprofit organizations for purchase sd 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 iD Section 420.A071. Flat. St8t. as may be amended from time tOtime. 8. yWa18[ia| Understandings; Compliance Monitoring. The parties agree that the f0||oYViDg is a material breach Df this Agreement: 1) use of the Property for any purpose other than @SG group residence for "Low-income person," "Very-low-income person." 8S those terms are defined in Section 420.9071. "Definitions," Fla. 8tat., and in accordance with the PWDO[oe County adopted LMAP requirements; 2\ the sale Or other unauthorized tn]D8fe[ of any kind or D@tU[e of the Property or any part thereof; or 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 iO24CFRPart 5 for this Property. Income shall he 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 fn||Vvving the effective date of the determination. The annual gross iDCOnne' as defined in Section 420.8071. 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 0fthe SHIP assisted t8ngDt/S> must be provided to the Monroe County SHIP Program Administrator, including annual income, number of household members, and age and race Of the head Of household. |O addition to compliance with SHIP Rules and Regulations, including but not limited to @ectinDS420.907-42O.0O79, Fla. Stet.' and (}h8otg[O7-37. F.A.C., all projects must be iO compliance with 24CFRPart 5. "General HUD Program Requirements; WgiV8rs." as amended from time totime, including but not limited to income |innits, annual inmJme, 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 OO |000rO8 qualification training by completing re-training at |8GSt once every three (3) years. Owner, or any authorized suooeosor, must remain in contact with the KYunnne County SHIP Program Administrator during the fifteen (15)-year8H|P 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 COVnh/ SHIP PnJg[8[O 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. St8t.. 8S well 8S complete 8O inspection of the physical condition Vfthe SHIP-assisted units upon the Property. No less than thirty (30) days before the scheduled 0ODitO[iOg visit, the Owner will provide the following tO Monroe County: R. A completed annual re-certification of income eligibility for each SHIP-assisted [eOt8| unit using a residential income certification form and including required verification of household income and @SSetS' ' b. Proof Of Affordability of Units; and o. Certificate of Hazard Insurance naming Monroe County as additional insured. 10. CODfid8Oti8|itv of Client |DhJrnQetiOO. Dvvnar 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 tOtime; and specifically, as required by Section 119.071/5\(f). Fla. 8taL' as same may be amended from time tVtime. 11. Standards for Owner & GUbc0D1[8CtOrS. 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 Orbvthe State of Florida. Owner certifies that it will comply with all obligations of and not employ any subcontractors in violation of: Section 448.005, Fla. Stot., regarding the St@1o's E-Verify requirements; Section 287.137, Fla. Stad., regarding the 81ade's antitrust ViO|atD[ vendor list; Se[%|OO 287.193(2)(3), H@. Gtat.. regarding the 8tade's Convicted Vendor List; Section 287.134(1)/a\, Fla. GtaL, regarding the State's Discriminatory Vendor List; Section 286.101, Fla. Stat., regarding the Stmte'sforeign gifts and contracts; Sections 287.135. 215.473. and287.138, Fla. Gtat.. regarding the Gtate'aScrutinized Companies and Countries Of CODc9[D listings; Section 787D6. Fla. Gtat., regarding the 81Bt8'o Do0008[Cive conduct for labor orservices; Section 287.087, Fla. Gtat.. regarding Drug-Free Workplace; Section 2-347(l), Monroe County Code, regarding the County's Suspended Vendor List. Owner shall be fully responsible for the acts D[omissions of any contractors, subcontractors, agents, and persons either directly 0[ indirectly employed by them. At no time shall any contract D[agreement between Owner and any contractor be construed as@ relationship, formal O[informal, between said contractor and County. 12. Indemnification; Sovereign Immunity. Owner agrees to be solely mamponsib|e, and shall hold harmless the County, its elected officials, officers,directors, and employees for any and all claims brought against either Owner U[County, Or for liabilities incurred by County as aresu|t of actions Vr omissions bv the Owner or its agents. Notwithstanding anything contained herein, nothing in this SHIP Rental Monitoring Agreement shall be deemed O[construed 8s a waiver Df any privilege, defense, immunity, or other protection which is available to the COVDb/ under the doctrine Of sovereign i0rDWDih/` or the limitations of liability contained in Section 768.28, Fla. Stat., as may be amended from time to time. This section will survive the termination Vf this Agreement. 13. IOSVranoe. The Owner shall obtain iOeurmOma as npeciMed, and always Dl8|n18in the required insurance while this Agreement ieiO effect. The coverage provided herein shall be provided bvaninsurer with 8DA.yN. Best rating OfV| Or better, that iG licensed todo business inthe State uf Florida and that has 8O agent for service Cf process within the State Of Florida. The coverage shall contain anendorsement pnJV|d|Og sixty (60) days' written notice to the County prior to any cancellation of said coverage. Said coverage shall be written bvan insurer acceptable to the County and shall be iDG form acceptable t0the County. Owner shall obtain and maintain the following pO||C|eG: a. Workers'Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440. Fla. 8tat. Employers Liability Insurance with limits of $1,000'000 per Accident, $1.000.00O Disease, $1,OOO.00O Disease each employee, b. Comprehensive Business Automobile and Vehicle Liability Insurance with limits of $2UO.00O per person; $30O.O0O per occurrence; $2OO,OOO Property Damage o[$3O0'000 Combined 8iOg|R Limit. c. Commercial General Liability Insurance with limits of$500,000 Combined Single Limit d. Contractors E[[o[8 & [>0iGSi0Os Liability Insurance to be maintained by the General Contractor or Construction Manager with limits Vf$1.OU0.UOO. e. Builders Risk Liability Insurance with Full Replacement Value of the Completed Project (to wit: 1O units upon the Property). An Occurrence F0[[O policy is preferred. If coverage is changed to Or provided on o [||oinna [Wade policy, its provisions should iOdUdo coverage for claims filed on or after the effective date of this Agreement. In addition, the period for which claims may bereported must extend for g minimum Of48 months following the termination or expiration of this Agreement. County Ghe|| be Oarngd as an additional insured with respect to Comprehensive Business Automobile and Vehicle Liability |nGUn3OCe. and Co[Dnnerc|@| General Liability Insurance. Owner shall require contractors and subcontractors i0be adequately insured at least to the limits prescribed abqvu, and to any increased limits of Owner if so required by County during the term of this Agreement. County will not pay for increased U[DKs Of insurance. OvVOgr shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require o certified copy of such policies upon request. |f the Owner participates ina self-insurance fund, aCertificate of Insurance will be required. In addition, the Owner may be required to submit updated DD8Rci8| 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 4of9 part of any party, effective the date of the court order. Owner agrees to comply with all Federal 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. 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) 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 Alcohol Abuse 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 290ee-3), 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 11, 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, GAELAN JONES, AT PHONE NO. 305-292-3470, PUBLICRECORDS@MONROECOUNTY-FL.GOV, 5 of 9 |�����0� �������� ���������� ����V��� ���� ���� ������ ��H�� ��� ^^^~~^~~~~-~- COUNTY~ ^ ~~ ^ ~~~^^~~~ ^ — OFFICE,^~-~~r ^ ~ ~ ^ ^~~ ^ ^ ^ STREET,`^~�~- ^ , SUITE~� ~--, ��� ����1F ��b ����� .�~ ~ ~~~_~~ . , . .~ ~��.~~ 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 RecOFdG, The records of the parties to this AOn38[D8Ot relating to the Project, xvhichoha|| ino{udebutnotbe |irnitedtoe000untingnaoorda (herdcopy. 00vveUmaoonnputer readable data if it can be made available; subcontract files (including proposals of successful and UOSuCCesSfV| bidders, bid Fec8ps, bidding instructions, bidders /iSt, etc.); original estimates; estimating vVV[h sheets; cO[n2GpODd8DC8; Ch8Dg8 order files (including documentation covering negotiated settlements); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts eerned, insurance rebates and dividends; any other supporting evidence deemed DeC8SSO[y by COUOh/ or the WYODrne County Office of the Clerk of Court and Comptroller (hereinafter referred tV8S"County C|8rh")tnsubstantiate charges related t0this agreement, and all other agreements, sources Of information and matters that may inC|Vunty's or the County Clerk's reasonable judgment have any bearing on or pertain to any mattera, rights, duties orobligations under orcovered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by CouDtv's representative and/or agents or the County Clerk. CoUUh/ or County Clerk may also conduct verifications such as, but not limited to, counting employees atthe job site, witnessing the distribution of payFo|/, verifying payroll ooOOpVtatiODs, overhead cOrDpUtEtiOOs. observing vendor and supplier pgynleDtG' OliSOe||8DeOUS a||Oc8UonS. special charges, verifying /nh]rnO8ti0D 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 the fifteen (15)-yeartenn. The County Clerk possesses the independent authority to conduct an audit of Records, aaaete, 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. Ha. 8t8t., running from the date the monies were paid to Owner. This right to audit pPDV|GioD 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 VY8iV8 the privilege of venue and agree that all litigation between them iDthe state courts will take place exclusively iOthe 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 StGdan Bankruptcy Court for the Southern District of Florida, whenever applicable. 19.ASGign[D8nL 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 perty's authorized successors and assigns. 20. NoUCeS. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, 10 the other party by certified 0e||, returned receipt requested' to the following: TD the County: Monroe County Administrator 11OD Simonton Street, Room 2-2O5 Key West, Florida 33O40 6nf9 Coo to: Monroe County Attorney 1111 12th Street, Suite 4O8 Key West, Florida 33040 Copy to: yWVDn}e [|0UO1y Social Services [}epartOReDt/SHIPAdDliDist:3tor 11OO Simonton Street, Room 2-257 Key West, Florida 33040 To the {}VVD8[ Habitat for Hu08Dih/of Key West and the Lower Florida Keys Executive Director PO Box 5873 Key West, Florida 38O45 21. Other Forms. OVYDe[ agrees to complete or nn@Dd8te the completion of such forms as County dSe[OG necessary in furtherance of its grant award from the state. The forms may inc|ude, but are not limited to: SHIP Authorization for the Release of Information Form; SHIP Tenant Income Certification; Special Needs O[ Disabling Condition Certification; etc. 22. Merger; Amendment. This Agreement constitutes the entire Agreement between the Owner and the County, and negotiations and O[8| understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only bvawritten 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 p|un3|, and vice versa, unless the context otherwise requires. Terms such mo "heroiO" refer to this Agreement 8aa whole and not 10any particular sentence, paragraph, or section where they appear, unless the context otherwise naqUinaa. Whenever reference is made to n section or article of this Agreement, such reference iat0the 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" rnemne calendar days, unless otherwise expressly stated. 24. Joint Preparation. |tis acknowledged that each party tO this Agreement had the opportunity to b8 represented by counsel in the preparation Cf this Agreement and accordingly the rule that acontract will be interpreted strictly against the party preparing S8DlB does not apply herein due to the joint contributions nf both parties. 25. Saverabi|Ky; 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 Wn8Df0rceabi|ih/ 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 8 waiver Of that provision nor will itaffect the enforceability Of that provision V[Cf the remainder oY this Agreement. 26. Signatory Authority; Counterparts and Multiple Originals. Upon request, the Owner must provide the County with copies nfrequisite 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 uounterpode, each of which is hereby deemed tubeenoriginal, but all of which, taken together, constitutes one and the same agreement. [Signature Page to Follow] 7of9 IN WITNESS WHEREOF, County and: Owner have executed this Agreement as:of the date first ,,..., - above. 01000' °) BOARD:OF : 0 , Y COMMISSIONERS • , OF:M - . ^ I.� � ` ' • 1 ) is. itipiP, . • . ra,,,. lip ;Iry m• i _r • o` ��. �. � ,� '• � . • '• - .•Mayor � .. . �s. =�-, • = == • in Madok,Clerk: ti4er — �. e' -. --..-.- A>H°LAWIC-Ir A Deputy Clerk Approved as to legal form a sufficiency: digitally signed by Jeni-lee Jeni-Lee MacLaughlin:Mad.a..jtll,ti Date:2026.01.12 09:34 39.05:00' J M hin Assistanto . . - .. . . gl ., • • •County Attorney HABITAT . . . : :- FOR HUMANITY OF KEY WEST • • •. AND:LOWER FLORIDA KEYS,INC. : •. .. .. . :a Florid_a not for profit corporation • WITNESSES: / /. Sign Name: •.,. ;�0��..� .. •'B�,�:� /242'. . . .. Print Name: '' Printed Name: )'A: ri) : Address: w,.trt4 p' .c` .t-t.: : Tit e: - ' r ti,) ------ ' 3 31)‘t:).. ' 7..'J Sign Name: ` :'"" .. ` r--. m: '� ivi 4 pi .--,:I - cao ,.:-:' Print Name:- chi~ _ . �Ti�f (4 U)e,' fL �: Address: VIJIMMIF! icJ4( f -... -::r- STATE;OF F LO R•DA . COUNTY OF _ c +y : ..r::: - :' •The foregoing instrument was acknowledged before me, by inieans of;VAarlicsicaloresence or.C]online.no#arization; . . this (2Jth .day of+ 41,„ii4 y' 2026, by c.. 1/VPJbvfkJ;as v rt: , r r�� .� jf ". of HABITAT:FO;' ITY OF KEY WEST AND L.�•WE S R FLORIDA:KE ,.:INC:;:Florida Non-Profit Corporation,who is. rsona ly known'to me5 who has produced as identification, [Notary Seal] " jati[ Notary Public State of Fiorida� Print Name. _ ! .i /// ■■`i• Terence S.White. „""••• MY Commission Commission Notary.Public . 3frrrl'1 "'i'. HH.2Q1130. , .. Exp.'1/31/2026. 1,./ 4_0113 0 Commission Number: . _ .• Commission• • Expires: � - � � xp � .. 1 "EXHIBIT A" Address: 5530 3rd Ave, Key West, Florida 33040 Parcel ID: 00126970-000000 Legal Description (of land situate in Monroe County, Florida): Lots 16 and 17, Block 54, according to McDonald's Plat of a part of Stock Island as recorded in Plat Book 1, Page 55, Public Records of Monroe County, Florida. 9 of 9 DATE(MM/DD/YYYY) "► CERTIFICATE OF LIABILITY INSURANCE ozns/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS AT 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 INSURERS(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURE p II les must be endorsed. If SUBROGATION IS D,the o'cy(' ) 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). _..... oriac ............... PRODUCER AME. _................ Kansas City,MO 64187-3401 -••-Im• Y� o Ext AX MAIL Y Atc BBB-553-9002 oc on ml i�IONL P.O.Box 873401 Arc No): ..................._ .._ . .....�........ DDRESS: INSURER(S)AFFORDING COVERAGE NAIC J.NSURER-A: ACE American Insurance Co. '.. 27960 INSURED INSURER-B: Habitat for Humanity of Key West and Lower Florida Keys,Inc. INSURER-D: POBox 5873 ........................�...._......................................_ Key West,FL 33045 INSURER-- INSURER-F: COVERAGES CERTIFICATEm NUMBER. ........ REVISION NUMBER: m _� THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LI STED 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _._..... MITS IYdSR ADbL U6R ............. ......................................�.... ......,.,..�,�.......�: POLICY EFF � POLICY EXP LTR TYPE OF INSURANCE INSR D POLICY NUMBER MM/DDIYYYY MMIDD/YYYY) LIMITS ....—,.-....,�.�....—........ .....�,�,._._ ..................._.I�..�.�,�,�,�,�,�1_..... A GENFRAII-B,IABILIT'Y' X GL1064565-25 04/Ol/2025 04/01/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED J'(),MM.ERClhL. GENERAL LIABILITY PREMISES Ea occurrence) $1,000,000x � ....... . ...LM $ 0 F OCCUR MEDEXjtj&q one person PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 EN L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $2,000,000 _IxPOLICY _. _.... ...._........._ _ $ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) $ NY AUTO BODILY INJURY Per Person) $ LIT"C.TS AUTOS BODILY INJURY Par accident $ k.Y r")'WNktl ._. SCHEDULED I� I.��---- --�------------------- IR D NON-OWNED PROPERTY DAMAGE UTO$ AUTOS (Peraccidant) $ ..................�,__ �,�,�,�,�.,........ ....... .�.� _ ...... __._................ ........................ ...................... UMBRELLA LIAR OCCUR EACH OCCURRENCE $ JXCES LIAR CLAIMS MADE AGGREGATE $ ECI. RETENTION$..._......a..-...W.. ....._............................_., ....... ......,....._._.. ,.... ._..�......�. WORKERS COMPENSATION )I N- kND EMPLOYERS'LIABILITY JftLL PROPRIETOR/PARTNER/EXECUTIVE YIN�FFICER/MEMBNY OR/EXCLUDR/®?EC .... ITIT u............ EL.EACH ACCIDENT $ fas,describe uMANDATORY lnderl) E.L.DISEASE-EA EMPLOYEEm DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ PROOF OF COVERAGE APPROVED BY RISK MANAGEMENT ...... BY�� ............. CERTIFICATE HOLDER 003�-ten CANCELLATION DATE _. .. WAIVER N/A YES SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE GL O11I THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS Monroe County Board of Commissioners AUTHORIZED REPRESENTATIVE _.......................____ 1100 Simonton St. .— ._................................_ Key West,FL 33040 A, ORD 2 2010/0 o � The ACORD name and logo registered marks of ACf,�I�D .........M 106456_ ( � 9 9 �a5 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `Ilik�' 03/26/2025 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 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). PRODUCER NAME CT Lockton Affinity, LLC Lockton Affinity, LLC A/ONNo Ext:888-553-9002 A/C,No:913-652-3967 E-MAIL P. 0. Box 873401 ADDRESS: Kansas City, MO 64187-3401 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Ace American Insurance Company 22667 INSURED INSURER B: Habitat for Humanity of Key West and Lower Florida Keys, Inc. INsuRERc: INSURER D: PO Box 5873 Key West, FL 33045 INSURER E7 INSURER F: COVERAGES CERTIFICATE NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X GL1064565-25 04/01/2025 04/01/2026 EACH OCCURRENCE $1,000,000 OCCUR DAMAGE TO RENTED CLAIMS-MADE X PREMISES Ea occurrence $1,000,000 X Hired and Non-Owned MED EXP(Any one person) $0 Auto Liability PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 JECT OTHER: $ A AUTOMOBILE LIABILITY H08783342-12 04/01/2025 04/01/2026 COMBINED SINGLE LIMIT Ea accident $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALLOWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(AOORD 101,Additional Remarks Schedule,may be attached if more space is re( APPROVED BY RISK MANAGEMENT BY �rzsrz GPJ 3/31 - Additional Insured waived for 1/03.31.25 primary auto policy. Primary work DATE functions to be performed by X subcontractors WAIVER N/A—YES CERTIFICATE HOLDER CANCELLATION 1064565 Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton St. ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORI�R�N�Nk ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 52741314 1064565 ACORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `Ilik�' 03/25/2025 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 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). PRODUCER NAME CT Lockton Affinity, LLC Lockton Affinity, LLC A/ONNo Ext:888-553-9002 A/C,No:913-652-3967 E-MAIL P. O. Box 873401 ADDRESS: Kansas City, MO 64187-3401 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Bankers Standard Insurance Company 18279 INSURED INSURER B: Habitat for Humanity of Key West and Lower Florida Keys, Inc. INsuRERc: INSURER D PO Box 5873 Key West, FL 33045 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICYNUMBER MM/DD/YYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ A WORKERS COMPENSATION C69331373 04/01/2025 04/01/2026 X SPER TATUTE OERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(AOORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT BY 2¢e DALE 3.26.26 WAIVER NIA X YES CERTIFICATE HOLDER CANCELLATION 1064565 Proof of Coverage SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI�R�N�Nk ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 52722160 1064565