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Resolution 174-2022RESOLUTION NO. 174 -2022 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, APPROVING A TWO (2) YEAR EXTENSION OF THE LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AND THE UPPER KEYS COMMUNITY POOL, INC. ("UKCP"), A NOT FOR PROFIT ORGANIZATION, TO EXTEND ITS LEASE TERM OF COUNTY -OWNED LAND, LOCATED AT 320 LAGUNA AVENUE, KEY LARGO, FLORIDA, TO PROVIDE A COMMUNITY SWIMMING POOL AND RELATED FACILITIES FOR THE LOCAL COMMUNITY AT THE KEY LARGO COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 125.38, Florida Statutes, authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by the County or its board of county commissioners that is not needed for other County purposes, to apply to the board of county commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is not needed for other purposes, the County may, by a duly adopted resolution of the Board, lease the property to the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the value of the property, with no advertisement required; and WHEREAS, pursuant to the Fla. Stat., Sec. 125.38, the adopted resolution must recite the fact that an application has been made, the purpose for which the leased property is to be used, the rent and terms of the lease; and WHEREAS, in March 1997, the Upper Keys Community Pool, Inc., was officially incorporated as a Florida not for profit organization to build a community swimming pool and related facilities in Key Largo, Florida; and WHEREAS, the County owned the premises described as Section 33, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida, located on the edge of the Key Largo Community Park, known as 320 Laguna Avenue, Key Largo, Florida 33037 ("Property"), which was selected for the location of the community pool and related facilities; and WHEREAS, the County and UKCP entered into a Community Swimming Pool Lease Agreement dated December 14, 2000, ("Original Lease") for a twenty (20) year initial lease term commencing on December 14, 2000, and terminating on December 13, 2020, at an annual rental fee of $10.00, and the UKCP has been operating under that Original Lease since December 14, 2000; and WHEREAS, on April 20, 2005, the County approved an Amendment to Agreement which deleted the annual $10.00 rental payment as of the County fiscal year ending September 30, 2005; and WHEREAS, the UKCP, as a not for profit organization, has access and is able to receive grants from available programs, including the Monroe County Tourist Development Council, to assist the organization in providing funds for pool operations, repairs, maintenance, upkeep, and other pool amenities; and WHEREAS, the UKCP desires to continue its lease of the Property for its delivery of services and programming at the community pool and related facilities so it may continue to provide a safe recreational environment for the residents and visitors of the Upper Keys community and to apply for appropriate grant funding to assist in continued maintenance and repairs and in providing its services, programming, and other amenities; and WHEREAS, the County and UKCP desire to extend the lease term for an additional two (2) year term commencing retroactive to the termination of the initial lease term on December 14, 2020, and terminating on December 13, 2022, at no annual cost to UKCP; and WHEREAS, the Property located at 320 Laguna Avenue, Key Largo, Florida, is owned by the County and is not needed for other County purposes at this time; and WHEREAS, it is the desire of the Board to continue its lease of the County -owned Property located at 320 Laguna Avenue, Key Largo, Florida, which is not currently needed for other County purposes, to UKCP to provide the community swimming pool and other related facilities in order to deliver its services and programming and provide a safe recreational environment for the Upper Keys community; and WHEREAS, the Amendment to Community Swimming Pool Lease Agreement to Extend Lease Term, attached hereto and made a part of this Resolution as "Exhibit A ", extends the lease of the Property located at 320 Laguna Avenue, Key Largo, Florida, to UKCP for an additional period of two (2) years at the rate of No Dollars ($0.00) annually, commencing retroactive to December 14, 2020, and terminating on December 13, 2022, unless earlier terminated. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board hereby adopts the foregoing as findings of fact. Section 2. The Board approves the Amendment to Community Pool Lease Agreement to Extend Lease Term between the Board of County Commissioners of Monroe County, Florida and the Upper Keys Community Pool, Inc., attached hereto and made a part of this Resolution as "Exhibit A", to provide an additional two (2) year term to the initial lease term with the term to commence retroactive to December 14, 2020, and terminate on December 13, 2022, at no annual rental fee, allowing the not for profit organization to continue to provide services and programming at the community pool and related facilities for the citizens of Monroe County and visitors to the Key Largo community. Section 3. The Board hereby directs the Clerk to transmit a certified copy of this Resolution to James Boilini, President, Upper Keys Community Pool, Inc., 320 Laguna Avenue, Key Largo, Florida 33037. 2 Section 4. This resolution shall become effective upon adoption. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15" day of June, 2022. Mayor David Rice Yes Mayor Pro Tem Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner James K. Scholl Yes Commissioner Holly Merrill Raschein Yes IN MADOK, CLERK By: 10 & 1� /--� As Deputy Cle k BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor David Rice -. MONROECCiUMI`AT 66 N V"' 4FFiCi+; VED' 70 o M CL U =, pph�Tp� /AQQ ASSaSTANTAUMYATilRhlEY - 7/.2022 3 EXHIBIT "A" AMENDMENT TO COMMUNITY SWIMMING POOL LEASE AGREEMENT TO EXTEND LEASE TERM This Amendment to Community Swimming Pool Lease Agreement is made and entered into this 15m day of June, 2022, between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter "County"), whose address is 1100 Simonton Street, Key West, Florida 33040, and the UPPER KEYS COMMUNITY POOL, INC., a not for profit Florida corporation, whose principal address is 320 Laguna Avenue, Key Largo, Florida 33037, (hereinafter "UKCP"). WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20) year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), for the premises described as Section 33, Township 61 South, Range 39 East, Key Largo, Monroe County, Florida, located on the edge of the Key Largo Community Park (hereinafter "Property"); and WHEREAS, UKCP operates the pool facility at 320 Laguna Avenue, Key Largo, Florida 33037, as Jacobs Aquatic Center of Key Largo, after having constructed the swimming pool and related facilities pursuant to the Original Lease; and WHEREAS, said Original Lease set forth numerous requirements which included maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a percentage of revenue to be set aside for pool operations, upkeep, maintenance and repairs; and WHEREAS, said Original Lease provided that the County may, but is not obligated to, appropriate revenue from any lawfully available source for construction, repair, maintenance and operations; and WHEREAS, the County has provided funding for capital costs and utilities via separate contracts dated March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, and March 17, 2004; and WHEREAS, the County has provided funding for operations via Lease Amendments dated April 20, 2005, October 19, 2005, October 18, 2006, October 17, 2007, October 15, 2008, October 21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012; and WHEREAS, the last Lease Amendment dated August 15, 2012, provided that the County would provide funding continuing indefinitely, subject to the termination provisions of Section 10 of the Original Lease, in an amount not to exceed $180,000.00 payable up to $15,000.00 per month on a reimbursement basis upon submission of a proper invoice by UKCP, and the County has continued to provide such annual funding; and WHEREAS, in an Amendment to Agreement dated April 20, 2005, Paragraph 1 of the Original Lease was amended by deleting, as of the County fiscal year ending September 30, 2005, the last sentence requiring a $10 annual rental payment, and the County has thus not required an annual rental payment since that date; and WHEREAS, UKCP has submitted an application to the Tourist Development Council for additional funding to provide continued repairs and other amenities at the pool facility and it must have a current lease; and WHEREAS, Monroe County has established a Parks and Beaches Department and the monitoring of this Original Lease will now be transferred from the Facilities Maintenance Department to the Parks & Beaches Department; and WHEREAS, the County and the UKCP desire to enter into a new Lease of the Property now that the pool has been fully constructed and the parties are in negotiations to finalize the terms of a new Lease, to include, but not limited to, current laws and regulations, updated insurance requirements, maintenance and repairs, programming, and other such terms and conditions; and WHEREAS, the parties desire in the interim to extend the term of the Original Lease, as amended, for an additional two (2) year term commencing retroactive to December 14, 2020, and terminating on December 13, 2022, or earlier if a new Lease is executed for the Property, or the Lease is terminated pursuant to other provisions of the Original Lease; and WHEREAS, Section 125.38, Florida Statutes, authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by the Court or its board of county commissioners that is not needed for other County purposes, to apply to the board of county commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is not needed for other purposes, the County may by a duly adopted resolution of the Board, lease the property to the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the property, with no advertisement required; and WHEREAS, UKCP seeks to continue its current use of the property and extend the term until December 13, 2022, or until a new Lease is entered into between the parties. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: 1. Paragraph 2 of the Original Lease is amended to reflect that the term of the initial twenty (20) year lease has been extended for an additional two (2) years with the additional term to commence at the expiration of the initial term retroactive to December 14, 2020, and terminate on December 13, 2022, unless earlier terminated by a new lease or other provisions of the Original Lease. 2 2. The County agrees that UKCP shall continue to lease the Property for the additional two (2) year term at no annual rental fee. 3. In all other respects, the Original Lease dated December 14, 2000, as amended, not inconsistent herewith, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and WITNESSES: 4ZA . Print Name: Name:Print �. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairperson UPPER KEYS COMMUNITY POOL, INC. A Florida Not for Profit Corporation f Print Name: ✓ i9/�ef `�� �O c. i N Title: f r . MONROE COl7NTY ATTORNEII-'M . ED}1S TO�O PA111M EASLESS, ASSISTANT COMY'ATTORNV DATE: _ 6/7/ 022 GVS COURTq c Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe Count Florida o p Y, E cOVN DATE: June 27, 2022 TO: John Allen, Director Parks & Beaches Tofu Henr Manager Naoini Pagidas Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: June 15th BOCC Meeting Attached is an electronic copy of the following itein for your handling: S4 Resolution 174-2022, and the accompanying loth Arnendrnent to the Connnunity Swinnning Pool Lease Agreement with Upper Keys Connnunity Pool, Inc., to extend the lease term for two years for the property located at Key Largo Community Park. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney_ Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305-294-4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305-289-6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305-852-7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305-852-7145