12/20/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 24, 2007
TO:
Dent Pierce, Director
Public Works Division
ATTN:
FROM:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanco&
Deputy Clerk
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
at St. Peters Church, Big Pine Key, Florida.
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.
cc: County Attorney
Finance
File)
. 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)(t), 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 SI.
Peter's Catholic Church, Overseas Highway, Big Pine Key, Florida.
2. TERM.
A. Subj,ect 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.
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.
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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
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 docume:nts 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,
agents or volunteers resulting in either bodily or personal injury or property damage to any
individual, property or corporation.
6. TAJI{ES. The LESSEE is not subject to taxes and assessments.
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
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
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St. Peter's Lease 2006
Sheriffs Oflice, 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' ft:es 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
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 rata 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. SUIJORDINATION. 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
SI. Peter's Lease 2006
14. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the State of
Aorida and the United States. Venue for any dispute arising under this Agreement must be in
Monroe County, Aorida. 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, tl~rminate 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
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
certified mail to the following:
LESSEE:
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSOR:
Archdiocese of Miami
9401 Biscayne Boulevard
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
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
duly authorized representative.
(SEAL)
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BOARD OF COUNTY COMi1:ISSIONlRS CJ
OF MONROE COUNTY, FLORIDA
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1-13-1995 11 ,36AM
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LEGAL >>tSC1IPTION poa PROPOSED LEASE OF
St. PETERS CATHOLIC CHURCH ,aOPERTY
lea11'1ntng at the Northwest comer of GOVlrNllent Lot 3,
Se~t10n 2', Towneh1p 66 Soutb. lange Z9 t..c, 118 Pine Key,
Monroe County, Florida, .1'0 known ..- the Point of lecinnil'l&
of chi. de,cript1onl be.r Soutb .long tbe Welcerly boundary
of Government Lot ~ a dietanee of 33' f..c to I potnt,
thence be.r !..t e di.t.nee of 220 fele to . point, thence
beer H 46 30'00" E . dUeanel of 300 feet 11101'. or le.. to I
p'oint, .1.0 belna the Southwelterly boundary of the .a.ement
de.erlptloft that follow" thence be.r Nortbweltlrly On a
curve to the ~lBht hlvins . !adiu. of 225 'feet . dlltance of
approximately 1S0 f.et to a point on the Southwe'terly
boundary of U.S. Highway No.1, thence bear Nortbwe'terly
alona aaia hiahway hounaary on a curve to ~he lelt a
di.tanee of 14.87 t.et to a pointl thence b.ar Walt along
the Northerly bc~ndA'Z'Y of Gov.nllllent Lot 3 . 4i1unce of
396.66 toet hck to the Point of JeSinnln..
Also an e..ement r1ahe I' follow..
.
Beeinn1ns at the No~thw'lt corner of Government Lot 3,
Se~tion 25, Townshlp 66 South, lans. 29 East, Bi& Pln. Key,
l1cnroe Count)'. Florida, bear Ealt alont the Northerly
boundary of GOvernment Lot 3. dl.tanee 0 396.66 feet to
the So~thwe.terly bo~ndary of u.s. Klahway 10. 1, thence
Southeasterly along .a1d HiShway Boundary on a curve to thl
rifht a d1etance of 14.87 feet to the Point of Besinn!ns of
th s aelct1pt1onl thence Southe.ltlrly on a curve to the
l.ft haVing a radius of 22' fe.t a d1etance of 394.54 feet
to a rOint on the Southwesterly boundary of U. S. H1&hway
No. , thence bear Northwe'terly along ..id Highway
~ound.TY, on a curve to the left having a rad1uI of 1382.69
feet a ~1ltanee of 66.66 teet, then~e Northwe.terl, on a
curve to the right having a rad1uI of 175 f'e~ a dietance of
229.86 feee to a point on the Southwesterly boundary of V.s.
H1gh~ay No. I, thenee Northwesterly along .aid p.ighway
Bo~ndery on a curve to the left having a radius of 1382.69
feet a di,tenee of 66.66 feet to the Point of Beginning.
Schedule A
1-13-1995 11 ,3:7AM
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Fire of Government Loe 3. 'I~tion
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!.sc. 8:1.1 P1na KIY. MOnroe County
nllr1dl.
Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capital improvement Program
Project:CC0701 I Tide:Big Pica Sommer Raid I Status:Proposed LINS:
Category;Fund 304 Culture&Recreation Business Carter:Engineering
Comprehensive Plan Information Project Location
CIE Project Plan Reference: District Distictl2
LOS/Concurrency: Project Need:Growth.Other Location:31300 Overseas Nay.,Big Pine Key
Programmed Funding
Programmed Appropriated Mon-Appropriated Programmed GIP Funding
Fund! • To Date For 0, FY 2008 FY 2009 FY 2010 FY 2011 Future Funding
100,000 0 100,000 0 0 0 0 0
Description and Scope
Improve the current soc seer field condition at St.Peters Church on Big Pine Key. Improvements include:a sprinkler system on timers,approx
00,000 sq ft of Bermuda 419 sod and a chain link fence and trees along the west side of the field. Labor for the site work including the installation
of the sod wit be done by volunteers.
Rationale
Funding Strategy
Fund 304 FY07 first year of funding
Cperat:ng Budget Impacts
Project Map Schcdu!e of Actiortres
Project Activities From-To Amount
Design/Engineering 10/06-09107 2,500
Demolition 10/06-00107 26,000
Construction 10/06-09107 71,500
Total Budgetary Cost Estimate: 100.000
Means of Financing
Funding Source Amount
One Cent Infrastructure Sales Tax 100,000
Total Programmed Funding: 100.000
Future Funding Requirements: 0
GovMax
7/11/2006