Item C01 � C.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys � � � ������]�j Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
^_,
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: C.1
Agenda Item Summary #6456
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator Kevin
Wilson
TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441
NO
AGENDA ITEM WORDING: Approval for the County Administrator to send a letter and
proposed Lease Amendment providing for mutual termination of the agreement between the County
and Archdiocese of Miami for use and maintenance of the athletic field at St. Peter Catholic Church
on Big Pine Key and approval for the Mayor to execute the Amendment upon receipt of the executed
copy from the Archdiocese.
ITEM BACKGROUND: The County is the Lessee under a Lease Agreement dated December 20,
2006, with the Archbishop of the Archdiocese of Miami as the Lessor, for use of the recreational
areas (athletic field) of the St. Peter Catholic Church property in Big Pine Key. As a result of the
damage from hurricane Irma to the Church, the athletic field is now being used, and will be for the
foreseeable future, for construction staging. The field has also been partially paved for parking as
the St. Peter Church facilities are being rebuilt. Following hurricane Irma, the athletic field was also
used by the American Red Cross for an emergency encampment. Staff has discussed with the Parish
Priest whether the Lease Agreement should continue and agreed that the original purpose of the
agreement will not be possible for the foreseeable future. Development of and post Irma reopening
of the Big Pine Community Park will adequately serve the community's needs and the continuation
of the Lease Agreement is not in the best interests of the County or the Church. Since the Lease has
no provision for early termination except for cause, staff proposes to amend the Lease to recognize
the mutual agreement to terminate early. This item seeks BOCC approval to send a letter and a
proposed amendment to the Archbishop (the "owner" under canon law) and, when the returned
executed Amendment is received, approval for the Mayor to execute on behalf of the County.
PREVIOUS RELEVANT BOCC ACTION:
History of BOCC actions:
December 20, 2006 — BOCC approved the current Lease Agreement that referred to reviving an
original 10-year Lease Agreement dated October 9, 1991. The Lease was retroactive to October 1,
2006.
CONTRACT/AGREEMENT CHANGES:
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C.1
Yes -proposed termination of Lease.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Letter to Archbishop on Terminating Lease (Draft)
2006-12-20 Lease-St Peter
FINANCIAL IMPACT:
Effective Date: Upon execution
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details: None
N/A
REVIEWED BY:
Kevin Wilson Completed 01/05/2020 2:13 PM
Patricia Eables Completed 06/30/2020 2:37 PM
William DeSantis Completed 06/30/2020 3:40 PM
Budget and Finance Completed 06/30/2020 3:43 PM
Maria Slavik Completed 06/30/2020 3:45 PM
Kathy Peters Completed 06/30/2020 4:42 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
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C.1.a
County of Monroe ► �iO4 BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
_ T� {�+' 17, Mayor Pro Tem Michelle Coldiron,District 2
The
am
1 YIle ®I1da 11eyS � � s �' ` Craig Cates,District 1
, x
David Rice,District 4
c Sylvia J.Murphy,District 5
Robert B.Shillinger,County Attorney**
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
Cynthia L.Hall,Assistant County Attorney** 1111 12'Street,Suite 408
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone
Steven T.Williams,Assistant County Attorney** (305)292-3516—Fax
Peter H.Morris,Assistant County Attorney*
Patricia Fables,Assistant County Attorney 8
Paunece Scull,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney
E
**Board Certified in City,County&Local Govt.Law
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03
July 15, 2020 2
The Most Reverend Thomas G. Wenski
Archbishop of Archdiocese of Miami CL
9401 Biscayne Blvd. U
Miami Shores, FL 33138 F
RE: Lease dated December 1, 2006, with Monroe County
Recreational Field at St. Peter's Church
Dear Archbishop Wenski:
On December 1,2006,the Board of County Commissioners of Monroe County("BOCC")approved
a Lease Agreement between J. Favalora as Archbishop of the Archdiocese of Miami, as Lessor, and
Monroe County, as Lessee, authorizing the parties to revive cooperative use of the recreational 0.
facilities/field at St. Peter's Catholic Church at 31300 Overseas Highway in Big Pine Key. For your
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convenience, I am herewith enclosing a copy of the Lease Agreement("Lease"). The term of the Lease
is October 1, 2006 through September 30, 2021. 2
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0
The parties had operated under that Agreement up until the occurrence of Hurricane Irma on
September 10, 2017. After Irma, the Red Cross used the field for an emergency encampment. The field
is currently used by the Church and will be for the foreseeable future for its construction staging during
the rebuild of St. Peter's. After some post-Irma repairs at the Big Pine Key Community Park, the County
has reopened activities there that will serve the community's athletic needs without the need for use of the E
St. Peter's Church recreational field in the future. Due to the construction at this time, the County is
unable to utilize the Church field pursuant to the Lease.
The Lease does not provide a provision for termination for convenience,but rather only for cause as
seen in paragraph 10 of the Lease. County staff has discussed the issue of a mutual termination of the
lease term with the Parish Priest and it was agreed that the original purpose of the initial agreement will
not be possible for the foreseeable future. It would be in the best interests of both parties to agree to a
mutual termination of the Lease at this time.
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C.1.a
We are, therefore, proposing to submit an Amendment to the Lease, which would provide for a
mutual early termination of the Lease at the time of approval by the BOCC, rather than the termination
date of September 30, 2021. This would allow the Church to then utilize the recreational field area in any
manner that it may need to do so and also terminate the County's responsibilities under the Lease. You
will find enclosed for your review the proposed Amendment. If you are in agreement,please execute the
Amendment as Lessor before two witnesses and return a scanned copy to Assistant County Attorney,
Patricia Eables, at eables-patricia(a monroecounty-fl.gov. Please then return the original executed
Amendment to Patricia at P. O., Box 1026, Key West, Florida 33041. 2
E
Respectfully yours,
Roman Gastesi
County Administrator
c.
Enclosure
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C.1.b
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: January 24, 2007
TO: Dent Pierce, Director
Public Works Division
ATTN. Beth Leto, Administrative Assistant
Public Works Division
dk
FROM.• Pamela G. HancoDeputy Clerk E
At the December 20, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and the
Archbishop of the Archdiocese of Miami concerning funding for improvements to the soccer field ca
at St. Peters Church, Big Pine Key, Florida.
CL
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
CL
cc: County Attorney
Finance
File.
cv
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C.1.b
St.Peter's Lease 2006 Monroe County Clerk's Original
LEASE AGREEMENT
This Agreement; is made and entered into by J. Favalora as ARCHBISHOP OF THE
ARCHDIOCESE OF MIAMI, (LESSOR) and MONROE COUNTY (COUNTY or
LESSEE), a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, FL 33040.
WHEREAS, COUNTY is authorized by Section 125.01(1)(f), F.S. to provide public
parks; and
WHEREAS, the parties did,by a ten-year lease agreement dated October 9, 1991,
provide for the County to install and maintain certain recreational improvements in exchange for
the site being available to the public through a program of coordinated use; and
WHEREAS, the County desires to revive said lease and is willing to make substantial
improvements on the recreational areas of the property as consideration for said revival;
IN CONSIDERATION OF the mutual promises and conditions contained herein, the
PARTIES agree as follows:
1. SCOPE. The Parties shall revive a cooperative use of recreational facilities at St.
Peter's Catholic Church, Overseas Highway, Big Pine Key, Florida.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this Agreement shall
continue in force for a term of fifteen years commencing as of the 1st day of October, 2006, and
ending on the 30th day of September, 2021.
B. The parties may extend this agreement after the expiration of the term described herein
according to such terms and conditions as may be agreed to at the time of extension. N
3. USE AND CONDITIONS.
A. The LESSEE will, at its own cost, improve the soccer field area of the recreational
facilities installed pursuant to the agreement entered October 9, 1991, and as depicted on
Schedule A, attached hereto, including the following projects: sod the soccer field, install a
sprinkler system, install a chain link fence and trees along the west side of the field.
B. The LESSOR shall continue the use of the recreational facilities pursuant to the
cooperative use in Paragraph 3.E, and will, at its own cost, maintain the recreational area as it
deems appropriate for said facilities, arising out of the use of the premises including but not
limited to electricity, lighting, and water. The LESSEE shall have the responsibility of
maintaining and paying for the cost of using all utilities and services which are installed on the
premises by the LESSEE.
1
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C.1.b
St. Peter's Lease 2006
C. The '.LESSEE does hereby agree to authorize and permit the LESSOR to retain title to the
capital improvements paid and installed by the LESSEE on the property described in Schedule A
upon termination of this Agreement.
D. Installation of the sod, and any other mutually desirable improvements, shall be subject to
the approval.of the LESSOR, and the County building departments and appropriate agencies.
E. The improvements installed by the LESSEE shall be developed and maintained for
harmonious use of said area for the County recreational programs and shall be designed so as to
minimize any conflict with St. Peters Catholic Church, and such design shall be subject to the
approval of the Archbishop.
F. The LESSEE, will assume all legal responsibility for maintaining the premises, and °-
agrees to indemnify and hold harmless the LESSOR, the Archdiocese of Miami, and Saint Peters
Church, for any liability arising out of the LESSEE's use, maintenance or use of said premises,
and further agrees to defend any legal action brought against the LESSOR, the Archdiocese of W
Miami, or Saint Peters Church, arising out of the use or, maintenance of said premises.
4. RECORDS-ACCESS AND AUDITS. Both Parties shall maintain adequate and
complete records for a period of five years after termination of this lease. Each Party, its
officers, employees, agents and contractors shall have access to the Other Party's books, records,
and documents related to this Agreement upon request. The access to and inspection of such
books, records, and documents by the Parties shall occur at any reasonable time.
5. RELATIONSHIP OF PARTIES. The Parties are independent of each other and shall
at no time be legally responsible for any negligence on the part of the Other Party, its employees, CL
agents or volunteers resulting in either bodily or personal injury or property damage to any
individual, property or corporation.
6. TAXES. The LESSEE is not subject to taxes and assessments.
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7. INSURANCE. The parties to this agreement stipulate that LESSEE is a state
governmental agency as defined by Florida Statutes and represents that it has purchased suitable N
Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in
amounts adequate to respond to any and all claims under federal or state actions for civil rights
violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as
any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as
well as any and all claims within the limitations of Florida Statutes arising out of the activities
governed by this agreement.
To the extent allowed by law, each party shall be responsible for any acts of negligence on the
part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and
hold the other party harmless from all claims arising out of such actions.
8. HOLD HARMLESS. To the extent allowed by law, the LESSOR is liable for and
must fully defend, release, discharge, indemnify and hold harmless the LESSEE, the members of
the County Commission, County officers and employees, County agents and contractors, and the
2
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C.1.b
St. Peter's Lease 2006
Sheriff's Office, its officers and employees, from and against any and all claims, demands,
causes of action, losses, costs and expenses of whatever type - including investigation and
witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to
the LESSOR's operations on the premises except for those claims, demands, damages, liabilities,
actions, causes of action, losses, costs and expenses that are the result of the sole negligence of
the LESSEE.
To the extent allowed by law, the LESSEE is liable for and must fully defend, release, discharge,
indemnify and hold harmless the LESSOR, its members, officers and employees, agents and
contractors, from and against any and all claims, demands, causes of action, losses, costs and
expenses of whatever type - including investigation and witness costs and expenses and
attorneys' fees and costs - that arise out of or are attributable to the LESSEE's operations on the
premises except for those claims, demands, damages, liabilities, actions, causes of action, losses,
costs and expenses that are the result of the sole negligence of the LESSOR. The LESSEE's
purchase of the insurance required under this Agreement does not release or vitiate its
obligations under this paragraph. LESSEE does not waive any of its sovereign immunity rights
including but not limited to those expressed in Section 768.28, Florida Statutes.
9. NON-DISCRIMINATION. The LESSOR and the LESSEEE, each for itself, its
personal representatives, successors in interest, and assigns, as a part of the consideration hereof,
does hereby covenant and agree that no person on the grounds of race, color, or national origin
shall be excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of premises or in the contracting for improvements to the premises.The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, :relating to nondiscrimination.
10. TERMINATION. Either party may terminate this agreement for cause after giving to
the other party at least ninety days written notice of the breach, allowing the allegedly breaching
party a period of forty-five (45) days within which to cure said breach. Failure to cure the breach
shall be noticed by the terminating party in writing and provided to the breaching party at least N
twenty (20) days prior to the termination date. Should either party terminate the lease prior to its
normal expiration of fifteen years, the LESSEE may remove the improvements or allow the
LESSOR to pay a pro rats portion of the cost of improvements based on a straight-line 15 year
amortization of the cost.
11. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or
subcontract any of its obligations under this Agreement without the written approval of the
LESSOR. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the LESSOR and the LESSEE.
12. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the
United States, the State of Florida, and the County,whether in effect on commencement of this
lease or adopted after that date.
13. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict
with other items in this Agreement, the inconsistencies shall be construed so as to give meaning
to those terms which limit the LESSEE's responsibility and liability.
3
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C.1.b
St. Peter's Lease 2006
14. GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of
Florida and the United States. Venue for any dispute arising under this Agreement must be in
Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a
reasonable attorney's fee and costs.
15. ETHICS CLAUSE. LESSOR warrants that it has not employed, retained or otherwise
had act on its behalf any former County officer or employee subject to the prohibition of Section
2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 010-1990. For breach or violation of this provision, the LESSEE may, in its
discretion, terminate this Lease without liability and may also, in its discretion, deduct from the
Lease or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift or consideration paid to the former County officer or employee. °-
16. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSOR and E
the LESSEE. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
17. NOTICES, Notices in this Agreement, unless otherwise specified, must be sent by 2
certified mail to the following:
LESSEE: LESSOR:
CL
County Administrator Archdiocese of Miami
1100 Simonton Street 9401 Biscayne Boulevard W
Key West, FL 33040 Miami Shores, FL 33138
18. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings,whether written or oral. This Agreement y
cannot be modified or replaced except by another written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its N
duly authorized representative.
4
(SEAL) ARCHDIOCESE OF MIAMI
ATTEST: ` C-
By:
Archbishop
BOARD OF COUNTY COMt4lSSIONIRS
` EPS` L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
s
By.,. By:
Deputy Clerk Mayor/Chairman
DEC 2 0 2006
MONROE COUNTY ATTORNEY
AP VED AS TO P
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Gk)Of� r T
Date.�.
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1-13-1995 1 1 =36AM FROM
Rpr 08 02 01 : 21p Monroe Counttj 3052954321 p.8
LEGAL DESCRIPTION FOR PROPOSED LEASE OF
ST. PETERS CATHOLIC CHURCH PROPERTY
SeSinning at the Northwest corner of Government Lot 3,
Seccion 2
6, Tovuship 66 South, Range 29 East, Sig Pine Key,
Monroe County, Florida, Oleo knovn as the Point of Beginning
of this description bear South along the Westerly boundary
of Goverment Lot S a distance of 335 feet to a point,
thonce bear East a distance of 220 feet to a points thence
bear N 66 30'00" E a distance of 300 fact Mori or tea• to a
point, also being the Southwesterly boundary of the easement
description that follows thence bear Northwesterly on a
curve to the right having a radius of 225 'feet a distance of
approximetoly 150 feet to a point on the Southwesterly -
boundary of U.S. Highway No. 11 thence bear Northwesterly �
along said highway boundary on, a curve to the left a �
distance of 14.87 feet to a point] thence bear West &Ion
the Nartherly boundary of Government Lot 3 a distance o
396.66 feet back to the Point of Seginning.
Also an easement right as followsl c�
Beginnin at the Northwest cornier of Government Lot 31
Section 259 Township 66 'South, Range 29 East, Big Pin* Keyy,
Monroe County, Florida, bear East alongg the Northerly W
boundary of Government Lot 3 a distanee cf 396.66 feet to
the Southwesterly boundary of U.S. Highway No. 11 thence
Southeasterly alon said Highway Boundary on a curve to the CL
right a distance of 14.87 feet to the Point of Beginning of
this description] thence Southeasterly on a curve to the y
left having a radius of 223 feet a distance of 396.54 fear
to s oi.nt on the Southwesterly boundary of V S. Highway
No. s thence bear Northwesterly along said Hi hwa
boundary, on a curve to the left 'having a radius of 1312.6
fees a distance of 66.66 feet, thence Northwesterly on a
curve to the right having a radius of 175 feet a distance of CD
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229.86 feet to s point on the Southwesterly boundary of U.S.
Highway No. 1, thence Northwesterly along said Niflwa; �
Boundary on a curve to the left having a radius of 1382.69
feet a distance of 66.66 feet to the Point of Beginning.
Schedule A
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Total Programmed Ftsiding: 1oo.ow
Fu ttme Funding ReWimments: 0
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