10/15/1997 Lease0U
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289 -6027
FAX (305) 289 -1745
�ann� �. �oifjage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292 -3550
FAX (305) 295 -3660
MEMORANDUM
TO:
Peter Horton, Director
Division of Community Services
Attention: Bevette Moore, Airports
FROM: Ruth Ann Jantzen, Deputy Clerk 4 •
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852 -7145
FAX (305) 852 -7146
DATE: March 3, 1998
On October 15, 1997, the Board of County Commissioners granted approval and
authorized execution of a Lease Agreement between Monroe County and the Boys and
Girls Club of the Keys Area, Inc., for premises at the Key West International Airport,
Enclosed please find a fully executed duplicate original of the above Agreement
for return to your provider.
If you have any questions concerning the above, please do not hesitate to
contact me.
cc: County Attorney
Finance
County Administrator, w/o document
File
171
LEASE AGREEMENT
This lease is made and entered into into this / 'Sif.- day of C:.r 'fir f!4t:) .!. 1997, by Monroe County.
a political subdivision of the State of Florida, whose address is 5100 College Road, Stock Island, Key
West, FL 33040, hereafter County, and the Boys and Girls Club of the Keys Area, Inc., a non-profit Florida
corporation, whose address is 1400 Kennedy Drive, Key West, FL 33040, hereafter the Boys and Girls Club.
WITNESSETH:
WHEREAS, the County is the sole owner of the premises described in this lease; and
WHEREAS, the Boys and Girls Club desires to lease premises for use as a youth center in order to
provide the County's young people with an enjoyable alcohol and drug free environment and,
thereby, help to alleviate the County's juvenile delinquency rate; and
WHEREAS, the County finds that leasing the premises to the Boys and Girls Club for use as a youth
center is a proper public purpose that could be performed by the County directly; NOW THEREFORE
IN CONSIDERATION of the mutual covenants contained in this lease, the parties agree as follows:
Section 1. The County leases to the Boys and Girls Club the following property in the City of Key
West: See attached Exhibit A, which is incorporated into this Agreement, including the building on that
land, hereafter referred to collectively as the premises.
Section 2. The Boys and Girls Club must use the premises as follows:
a) The holding of weekly dances on Friday nights for students in the 6th through the 8th
grades.
b) The holding of weekly dances on Saturday nights for high school students, 9th through 12th
grade.
c) To consult with and utilize all other non-profit community organizations who desire to
provide activities and programs of interest to persons under the age of 18.
d) To provide a youth center open seven days a week with activities and dances- pro~ided
~ ,,--1 0""') --
for young people on a daily and weekly time frame and to provide entertainme~j fot-chilf:ften'~hen
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school is not in session. :',', .' '.,' 'l ~~c~
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e)
To provide activities for grade levels:
1.) Elementary, 3 - 5
2.) Middle School, 6 - 8
3.) High School, 9 - 12
f) To provide and promote programs for all the children and young people living in Monroe
County, wherever located.
.
Section 3. The County leases the premises for the term of ten years beginning on May 5, 1997
and ending on May 4, 2007. The total rental due for the premises is $550,000, payable in a lump sum or
as follows:
a) May 5, 1997 - $300,000
b) May 5,2000 - $100,000
c) May 5, 2001 - $150,000
In consideration of the valuable youth-oriented activities provided by the Boys and Girls Club, the
County shall credit Fund 304 Capital Improvement revenues (the one cent infrastructure sales tax)
allocated in a lump sum or in Fiscal Years 1997, 2000 and 2001 for Key West International Airport and
Marathon Airport capital improvements in the amounts described in (a) - (c) as the rent payments.
If the rental payment method authorized by this paragraph is disapproved by the Federal Aviation
Administration, then this lease agreement is automatically void, of no force and effect, with neither
party under any further obligation or duty toward the other.
Section 4. Alterations, additions or improvements to the premises.
a) Subject to the approval of the County, the Boys and Girls Club may, at its own expense,
make alterations, additions or improvements to the building and may build additional structures at the
premises. Alterations, additions and improvements must be constructed in a workmanlike manner, meet
all applicable building and zoning codes, must not weaken or impair the structural strength or lessen the
value of the building or the premises or change the purposes for which the building, or any part of it,
may be used. Before beginning any work, all plans and specifications must be approved by, and a
building permit issued by, the governmental entity or entities that have jurisdiction over the
construction.
b) All alterations, additions and improvements at the premises at the beginning of this lease,
and any that are constructed during the term, are, or will become, part of the premises and the sole
property of the County, except that moveable fixtures installed by the Boys and Girls Club are its
property and may be removed by the Boys and Girls Club at the end of this lease.
Section 5. During the term of this lease, the Boys and Girls Club must, at its own cost and
expense, repair or replace, and maintain in good, safe and substantial condition, all buildings and
improvements at the premises, along with any additions or alterations to those buildings and
improvements. The Boys and Girls Club must also use all reasonable precaution to prevent waste,
damage or injury to the premises.
Section 6. All utility services must be applied for by the Boys and Girls Club and must be in the
name of the Boys and Girls Club only. The Boys and Girls Club is solely liable for utility charges as they
2
become due, including charges for sewer, water, gas, electricity, telephone and cable, or wireless
cable, television.
Section 7. During the term of this lease, and for any further time that the Boys and Girls Club may
occupy the premises, the Lessee must keep in force and effect the insurance described in Exhibit B.
Exhibit B is attached and made part of this lease agreement.
Section 8. The Boys and Girls Club may not assign, pledge, mortgage or hypothecate this lease
or any interest that the Boys and Girls Club has under this lease without the permission of the County.
Further, the Boys and Girls Club may not sublease the premises or any portion of the premises without
the permission of the County. Any unauthorized pledge, mortgage, assignment, hypothecation or
sublease is void and operates to terminate this lease at the option of the County. Nothing in this section
should be construed to prevent the occasional rental of the use of the premises to other groups,
individuals and organizations for charitable, social or civic purposes.
Section 9. The Boys and Girls Club must, on the last day of the lease term, or earlier on
termination or abandonment, peaceably and quietly surrender and deliver the premises to the County.
Moveable fixtures and personal property that belongs to the Boys and Girls Club may be removed on or
prior to the end of the term or upon termination or abandonment. Moveable fixtures and personal
property left on the premises after the end of the term, or after the date of termination or
abandonment, will become the property of the County without the need for any payment to the Boys
and Girls Club. The County may also remove such moveable fixtures and personal property and store
them at the expense and risk of loss of the Boys and Girls Club. If the Boys and Girls Club causes any
damage to the premises when it removes its moveable fixtures and personal property, it must promptly
repair such damage or pay the County the estimated cost of the repairs. The cost estimate will be
made by the County Engineer whose decision will be binding on the Boys and Girls Club.
Section 10. The Boys and Girls Club is liable for and must fully defend, release, discharge,
indemnify and hold harmless the County, the members of the County Commission, County officer and
employees, and County 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 Boys and Girls
Club's operations at the premises, excluding those claims, demands, damages, liabilities, actions,
causes of action, losses, costs and expenses that are the result of the sole negligence of the County.
The Boys and Girls Club's purchase of the insurance required in paragraph 7 and Exhibit:E3 does not
release or vitiate its obligations under this paragraph.
Section 11. The Boys and Girls Club for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on
the grounds of race, color, or national origin shall be excluded from participation in Boys and Girls Club
programs, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises,
3
(2) that in the provision of such services, no person on the grounds of race, color or national origin shall
be excluded from participation in, denied the benefits or, or be otherwise subjected to discrimination,
(3) that the Boys and Girls Club shall provide such services in compliance with all other applicable
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Effectuation of Title VI of the civil Rights Act of
1964, and as said Regulations may be amended.
That in the even of breach of any of the above nondiscrimination covenants, the County shall
have the right to terminate this agreement as if said agreement had never been made or issued. The
provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are
followed and completed including exercise or expiration of appeal rights.
Section 12. Because of the rent funding mechanism described in Section 3 of this lease, the Boys
and Girls Club acknowledges that its record relating to the programs and services provided at the
premises are public records subject to disclosure under Chapter 119, Florida Statutes. Those records
must be made available to any person who requests to view them during regular business hours (9 - 5,
Monday through Friday, excluding holidays) at an accessible location in Key West, Florida.
Section 13. This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the County acquired the subject property
from the United States of America and shall be given only such effect as will not conflict or be
inconsistent with the terms and conditions contained in the lease of said lands from the County, and
any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations
which have been, or may hereafter be adopted by the County pertaining to the Key West Airport.
~~on 14. This lease agreement is governed by the laws of the State of Florida and the United
~~" . ~-~
I!~~.'".,. i.,...~.)=,':~.V,'.'.},.~. riIu, ,.,~~..f..,or any litigation arising under this lease agreement must be in a court of competent
IF }(JFis9.!~tl6n in't01nroe County, Florida.
\:~t,f.".~~~dtl This lease agreement will take effec:~::a~:,~~:~TY COMMISSIONERS
.~~ L. KOLHAGE, CLERK OF MONROE CO NTY, LORIDA
By ~~ )~~~M.
De tv Cle
By
WITNESSES:
THE BOYS AND GIRLS CLUB OF THE KEYS AREA, INC.
By
Q~~"s
oaf contracts 1 fyouth 1
4
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EXHIBIT 'A'
1
DESCRIPTION
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LOCAT/ON MAP
City 0 f Key West &
Stock Island
LEGAL DESCRIPnON: .
A parcel of land on the Island of Key West, Monroe County. Florida, described as follows:
Commencing at the point of intersection of the curb line of South Roosevelt Boulevard
with a line drawn at right angles to said curb line through the orginal monument marking
the Southwest corner of the former Government Military Reservation known as East
Upper Martello Towewr, which said monument lies 2.0 feet Westerly of a later monument
consisting of a one-fourth inch brass pin set in concrete, run S 83'4-2'00" E along
aforesaid curb line for a distance of 30. 19 feet to a point; thence at a right angle to
said curb line, run N 078'00" E for a distance of 50.00 feet to the point of beginning of
a parcel of land hereinafter descnoed; thence continue N o78'OO~ E for a distance of 200.00
feet to a point; thence at right angles, run N 83'42'00" W for a distance of 300.0 feet to
a point; thence at right angles run S 0 W3'OO" W for a distance of 200.0 feet to a point;
thence at right angles and parallel to and 50 feet distance from the curb line of South Roosevelt
Boulevard, run S 83'42'00" E for a distance of 300.0 feet back to the point of beginning.
LESS
A tract of Land in a Part of the Key West Internation Airport Property on the Island of Key West,
Florida and being more particularly described by metes and bounds as follows:
Commencing at the Southeast Comer of Parcel 48 of the Plat of Survey, as recorded in Plat
Book 4, Page 69 of the Public Records of Monroe County Florida, bear S 89'52'20" E:. along
the Northerly right-of-way line of South Roosevelt Boulevard, 582.7 feet to a Point of Curve, said
Curve having a central angle of 07' IS' and a radius of 2889.93 feet; thence olong said Curve
in on ~asterly direction and deflecting to the Right, 365. 68 feet to a Point of Tangency; thence
bear S 82'37'20" E, 187.19 feet; thence bear North OT22'40~ E, 49.09 feet to the Point
of Beginnin<; of the tract of land hereinafter described; from said Point of Beginning, continue
N 07'22'40 E:. 200 feet; thence bear S 82'37'20" E:. 206 feet; thence bear S OT22'4(r W
200 feet; thence bear N 82'37'20" W. 206 feet, back to the Point of Beginning.
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EXHIBIT 'B'
1
INSURANCE
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Organiza tio nslIndivid uals
Leasing County-Owned
Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease/rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization/Individual shall maintain the required insurance throughout the entire term of
this lease/rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease/rental agreement
and the return of all property owned by the County.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum ofthirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Organization/Individual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under this
contract or imposed by law.
The Monroe County Board of County Commissioners, will be included as "Additional Insured"
on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.2
28
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
, .
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
· Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLJ
Administration Instruction
#4709.2
56
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
."
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County . Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VLl
Administration Instruction
#4709.2
81
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709.2
87
..... ......... ......... . ..' .,................................,....................,.. ................................................
...:"1... . ....A.:...:.:.C...:.:...:...O...:.......:...:.H.:....:.......:q..:...:...:...R:...:...:.)..:...:...I:..:..:....:::.::..:...:.:..:....::.:....:........::....:.:::.::.:..:...:.:.....:::.:::..::.....:...:::.::.....:..:.: ..~............::.:E:.........:R....:..:. T....:...:....:...:...::I:...::.k....:......:I...:..~............ ft.....::.:. T.....:i.......:..e..:.......:......:....^..... i.:.::..b....:....:...:...:.....:I......:..u...:.......S...........:...:.:.: f:..:...:R......... ^.:.............lu.:.:.<...~..:.............E.................'.................... }<
. . V :,:.: F "t'\,. yn......~!..........~..........~:~.~~::::::::.:::::.::::::.:.::::::::.:...................... ...:.......:........................................................./....................................HH......1 ISSUE D;;~ ~/~~DIYYI
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER
Markel Insurance Company
P.O. Box 3870
Glen Allen, VA 23058-3870
COMPANIES AFFORDING COVERAGE
CODE
SUB-CODE
COMPANY A
LETTER
COMPANY B
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
MARKEL INSURANCE CO MPANY R E C E J V E D
INSURED
I-"-w j A t~
. -- - ----
Boys & Girls Club of the Keys Area, Inc.
20 Arbutis Drive
Key West, FL 33040
AIRPORTS
~
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
)Aln ('I .dIM~
to
TR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MM/DDNY) DATE (MM/DDNY)
LIMITS
A ~NERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
== ~ CLAIMS MADE [8] OCCUR.
OWNERS & CONTRACTOR'S PROTo
8502CY056689-1
GENERAL AGGREGATE $ 3,000,000
PRODUCTS-COMP/OPS AGGREGATE $ 1,000,000
07-03-1997 07-03-1998 PERSONAL & ADVERTISING INJURY $ 1,000,000
EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE (Anyone fire) $ 50,000
MEDICAL EXPENSE (Anyone person) $ 5,000
-
-
AUTOMOBILE LIABILITY
-
I---
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
APPR~VR' BY/~K~fPEMfNT
BY ~ \ .~~{~
" \ (\.\ f_
{)A T E ( :-J... l ~ \4 s.<
N/A / VfS
COMBINED SINGLE
LIMIT $
BODIL Y INJURY
(Per Person) $
BODILY INJURY
(Per accident) $
PROPERTY DAMAGE $
EACH OCCURRENCE $
AGGREGATE $
I---
I---
-
-
V;~!\tFR:
EXCESS LIABILITY
I UMBRELLA FORM
"I OTHER THAN UMBRELLA FORM
JttJffJtftfffffffffffftfffff} {fJffffftJffff
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
STATUTORY LIMITS
EACH ACCIDENT
DISEASE - POLICY LIMIT
DISEASE - EACH EMPLOYEE $
A OTHER
Property
8502CY056689-1
07-03-1997
07-03-1998
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIALITEMS
Certificate holder is included as additional insured for operations conducted by the named insured.
Monroe County
1400 Kennedy Dr.
Key West, FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO
THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION
OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATI~ _ ~. JI
AUTHORIZED RE~IVr_ _ tt ~ - ~,-,.-I ~ -
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