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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: NOVEMBEU'. 2002 Division: TDC Bulk Item: Yes ~ No Department: AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Key West Botanical Garden Society to provide for an extension to the Agreement until March 15, 2003. ITEM BACKGROUND: Due to unforeseen circumstances described in the attached letter, the project was not able to be completed by the termination date of the Agreement. TDe at their meeting of October 29, 2002 approved extension to Agreement. PREVIOUS REVELANT BOCC ACTION: BOee approved original Agreement at their meeting of December 14, 2000. BOee approved an Amendment for extension to Agreement at their meeting of September 20, 2001 . BOee approved an Amendment to Exhibit 2 at their meeting of July 17, 2002. CONTRACT/AGREEMENT CHANGES: Amendment to allow for an Extension to Agreement STAFF RECOMMENDATIONS: Approval TOTAL COST: $276.878 BUDGETED: Yes ----X- No COST TO COUNTY: $276.878rrOURIST PAY REVENUE PRODUCING: Yes X.- No AMOUNTPERMONTH_ Year APPROVED BY: County Atty ----X- OMB/Purchasing X Risk Management X DIVISION DIRECTOR APPROVAL: ~~~ (Lynda Stuart) DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM # #/ DISPOSITION: Revised 2/27!O 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Key West Botanical Contract # Garden Society Effective Date: 11/13/02 Expiration Date: 9/30/03 Contract Purpose/Description: Approval of an Amendment to Agreement with Key West Botanical Garden Society to provide for an extension to the Agreement until March 15, 2003. Contract Manager: Maxine Pacini 3523 TDC#3 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 11/13/02 Agenda Deadline: 10/30/02 CONTRACT COSTS Total Dollar Value of Contract: $ 276,878 Budgeted? Yes[8J No D Account Codes: Grant: $ County Match: $ Current Year Portion: $ 80,000 117 -77040-530460- T37M-240X 530460 - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed YesD No[il Date Out Division Director ~~;~~ (O.,--rOrYesD No0" jJ) v~ IDh\CL-YesDNo~y::L GC YesD No~ .') S.Hutton /t?fr/? z-- l..... )" u.' (.ev-, Risk Management O.M.B./Purchasing County Attorney &. ~ ~/?-- Comments: OMB Form Revised 2/27/01 Mep #2 1<1tJ. w~ t n~ r i ~ I I September 30, 2002 Monroe County Tourist Development Council White St. Key West, Fl. 33040 Dear Council Members: The Board of the Key West Botuical Garden Society wishes to thank you for ~ opportunity to "jlDllP start" the restoration and enhancement of the City GIrden.~ we started this project, we promised to be "on time" and "a dollar" UDder budget. P find enclosed $1.00. i i f i While we had every intention to complete this project on time, there are circ~ beyond oui contro. 1 that win force us to 10 beyond the deadline. The sewer plan IMIlllOw require DEP approval and permitting) after finding that the City Garden cannot fled up to eitber the existing ColDlty public works lines or the existing Bayshore Manor liP. Yie have been informed that both systems 8IC antiquated and need updating. OW' o~ plan also may interfere with ~me "relics" buried under Bayshore property. ! The Key West Botanical Garden Society will put in a completely brand new Sy~ to in<:ludc new manholes and piping. The underground line win run straight ~ the courtyard and stage area and then betwoen the gazebos and down Aguero Circl~. Before we can finish the stage and courtyard, the utility company, the City and the CountyJ must apProve this sewer line. Then, it bas to be installed. We aln:ady have in-%tkind ices and product anangcd for this venture. (Fred Hildebrandt, civil engineer, has 0 . his services to do the new design and to help us apply to DEP. Bee Brothers bas offered to the ins1allation and Higgins bas donated pipe. I am ofTto US Holding Co. for lest) i The construction portion of this project will be completed 60 days after the ne'" line is approved and du& which we estimate will be the end of November 2002. The ~ will be hooked up 30 days from the DEP appr~ which should be around the end ofbecember 2002. We still plan the grand opening for January 18 and 19 of 2003. ! With your patience and OUl' fortitude, this project will be completed and to first~lass standards. We thank you in advance for your continued support. ! This is going to be a grcatplace for all to enjoy. Wait and see!!! ! ~ Carol ann Sharkey The trees thank you., P.O. Box 2436. Key West, FL 33045 · (305) 296~1.504 ~ E-Mail: KWBGS@aol.com · We:bsite: KeyWcnBotanicalGarden.org · 4 50l(c)3 nonr14fit tdlK'tlticmal organitotion f . AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2002, by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter 'TDC" and the Key West Botanical Garden Society, a Florida not-for-profit corporation, hereinafter "Key West Botanical Garden Society." WHEREAS, there was a contract entered into on December 14, 2000, between the parties, awarding $276,878 to the Key West Botanical Garden Society, and WHEREAS, the contract was amended on July 17, 2002 to allow for an extension of agreement to September 30, 2002, and WHEREAS, it has become necessary to extend the contract for an additional period to allow time for the Key West Botanical Garden Society to complete the project; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. This amendment is effective as of October 1, 2002. 2. 2003. Contract period as outlined in Paragraph 1 be extended to March 15, 3. The remaining provISions of the contract dated December 14, 2000, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Key West Botanical Garden Society President (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman BY AN~y:' fJlTTON DA.TE_.l~~ AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this /7 -IJ.- day of ~, 2002, between the County of Monroe (hereinafter "County") and the Key West Botanical Garden Society (hereinafter "Society). WHEREAS, the parties entered into a contract on December 14, 2000, to fund construction of a Botanical Garden Educationllnformation Center and Butterfly Garden in the Key West Botanical Garden and Arboretum; and WHEREAS, considerable in-kind donations of design, administrative, site preparatory and other services and a building have been applied to the project; and WHEREAS, the Society has received unexpected in-kind donations which alters the need for funding of specific line items, some increasing and other decreasing; and WHEREAS, Exhibit 2 of the original agreement has a detailed budget which allows for a 10% deviation per line item without having to amend the agreement; and WHEREAS, it is desired to merge some line items into broader classifications which encompass the original line items but result in fewer line items with larger amounts to avoid numerous contract amendments as the funded portion of the project progresses; and NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree hereto and incorporated herein by reference. 1 . Exhibit 2 of the Agreement shall be replaced by the Revised Exhibit 2 attached hereto and incorporated herein by reference. 2. The remaining provisions of the contract dated December 14, 2000, not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first written. -~ G~~uty Clerk BOARD OF COUNTY OF MONROltn-' OUNTY, FLORIDA I I . 5 17:'? MaJr/~hairman as of 6/25102 1 2 3 4 5 6 7 8 9 10 11 12 Expense ADMINISTRATION DESIGN/PLANNING SITE PREP/MOBILIZATION LANDSCAPE SERVICE BLDG/GAZEBO FOUNDATION/MASONRY CARPENTRY ELECTRICAL PLUMBING INT. . FINISH EXT FINISH SECURITYISAFETY CONTINGENCY Cash TOTAL In-Kind ~EVISED EXHIBIT 2 TOTAL current - revised 39,000 61,300 68,500 51,225 145,000 36,000 7,000 15,000 16,000 14,580 14,000 62,500 52,866 582,971 18,760 48,350 85,203 31,225 126,445 92,870 10,200 21,600 26,850 24,562 24,444 19,596 52,866 582,971 ,r ~:' AMENDMENT TO AGREEMENT THIS ADDENDUM to agreement is made and entered into this _ day of 2001, by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and the Key West Botanical Garden Society, a Florida not-for-profit corporation, hereinafter "Key West Botanical Garden Society." WHEREAS, there was a contract entered into on December 14, 2000, between the parties, awarding $276,878 to the Key West Botanical Garden Society, and WHEREAS, it has become necessary to extend the contract for an additional period to allow time for the Key West Botanical Garden Society to complete the project; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Contract period as outlined in Paragraph 1 be extended to September 30, 2002. 2. The fol,lowing sentence shall be added at the end of Paragraph 3: "Funding under this agreement is contingent upon annual appropriation by the County." I 3. The remaining provisions of the contract dated December' 14, .2000, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. West Botanical Garden Society ST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY . ~~~~SSIONERS OF ~~U~,F~ d Mayor/Chairman ~ - G;;~ i";,:"-j'! 'l'.l; ~'lS GRANT OF FUNDS This AGREEMENT dated thelf~ day Of~OOO, is entered into by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL, hereinafter "TDC" and the Key West Botanical Garden Society, a Florida not-for-profit corporation, hereinafter "Key West Botanical Garden Society." WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums and nature centers which are publicly owned and operated or owned and operated by not-for profit corporations, and WHEREAS, the County and TDC have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to repair and rehabilitate the premises of the property for use as a museum and nature center open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Key West Botanical Garden Society and the County have entered into this agreement on the terms and conditions as set forth below. 1. CONTRACT PERIOD. This agreement is for the period October 19, 2000 through September 30th, 2001. This agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7,13 and 14 below. 2. SCOPE OF AGREEMENT. The Key West Botanical Garden Society shall contract for and obtain such services as is necessary to construct at the Key West Botanical Garden and Arboretum more particularly described in Exhibit 1, attached hereto and incorporated herein by reference, a Botanical Garden Educationllnformation Center and Butterfly Garden which shall include but not be limited to, a new entry with an education/information center that has a small exhibit space and handicapped accessible bathrooms. The entry building's deck shall provide access to an open courtyard with a stage at one end for programs. The space shall be enhanced by a water feature and butterfly gardens; includes underground utilities and necessary infrastructure. The Key West Botanical Garden Society shall insure that the property shall be used as a garden museum and nature center open to the pUblic by entering into such restrictive covenants, leases, and other contracts as are necessary to effect this purpose. . 3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an amount not to exceed $276,878 in reimbursement for materials and services used to rehabilitate, repair and renovate the property as a botanical garden, museum and nature center. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this agreement for an amount in excess of this award. Payment shall be made through direct payment to vendors or reimbursement to Key West Botanical Garden Society upon presentation of invoices, canceled checks and other documentation to support a claim for payment or reimbursement, such documentation being subject to requirements of the CountY's Finance office. Key West Botanical Garden Society shall provide on a weekly basis verified documentation to Key West Botanical Garden Society Special Capital Project Funding FY 2000 1 substantiate the extent to which in-kind services have been provided in the execution of the project. Parties shall use the document entitled "THE RESTORATION OF THE KEY WEST BOTANICAL GARDENS: PHASE 1," attached hereto as Exhibit 2 and incorporated herein by reference, as the budget for in-kind services and other matching funds. Before the County issues checks for any payment request there must be on file with the County Clerk's office sufficient documentation substantiating that an equivalent value of in~kind services and cash donations have been provided. At no time shall the County make payments which cumulatevely exceed the cumulative total amount of in- kind service valuation and cash do'nations actually provided by Key West Botanical Garden Society. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. Individual line items or components of the County funding, and match resources may be altered within 10% of the amount stated for that item or component, without altering the total dollar amount and without requiring a written amendment to this agreement. 4. REPORTS. The Key West Botanical Garden Society shall provide financial reports in summary of activities related to this agreement on a monthly basis. If the agreement extends beyond the end of the fiscal year (September 30th, 2001), the Key West Botanical Garden Society shall provide a report summarizing the total anticipated expenditures against this agreement on or before September 30, 2001. Said report shall be provided to the Monroe County Tourist Development Council Administrative Office no later than August 30th, 2001. The Key West Botanical Garden Society shall keep such records as are necessary to document the performance of the agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. It is the responsibility of the Key West Botanical Garden Society to maintain appropriate records to insure a proper accounting of all funds and expenditures. The Key West Botanical Garden Society understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the amount of the audit exception. In the event the grant is not renewed or supplemented in future years, the' Key West Botanical Garden Society will be billed by the County for the amount of the audit exception and shall promptly repay any audit exception. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this agreement shall be only amended in writing and. approved by the Board of County Commissioners for Monroe County. . 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Key West Botanical Garden Society is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed as to find the Key West Botanical Garden Society or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. "i ~ Key West Botanical Garden Society Special Capital Project Funding FY 2000 2 7. COMPLIANCE WITH LAW. In carrying out its obligations under this agreement, the Key West Botanical Garden Society shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this agreement and shall entitle the County to terminate this contract immediately upon delivery of written notice of termination to the Key West Botanical Garden Society. 8. A. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS AGREEMENT. The Key West Botanical Garden Society shall include in all contracts funded under this agreement the following terms: 1) Anti-discrimination. The Key West Botanical Garden Society agrees that they will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. 2) Anti-kickback. Contractor warrants that no person has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee and that no employee or officer of the Key West Botanir;:al Garden Society has any interest financially or otherwise, in Contractor. For breach or violation of this warranty, the Key West Botanical Garden Society shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this contract is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the Key West Botanical Garden project. 3) Hold Harmless/Indemnification. Key West Botanical Garden Society shall determine extent of coverage and include in contracts that standard design/construction hold harmless/indemnification provisions that will protect the Key West Botanical Gardens, the County an the TDC from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses, etc. arising directly or indirectly from any negligence, errors, omissions or criminal conduct on the art of the Contractor and any Subcontractors in the performance of the terms of any contracts resulting from the funding provided by the County and any activities on County property. 4) Insurance. Key West Botanical Garden Society, the Contractor and Subcontractors shall be required to provide any types of insurance and limits of such insurance that will further protect the Key West Botanical Gardens, the County and the TOC from the actions/inaction's of the Contractor and any Subcontractors in the performance of the terms of any contracts resulting from the funding provided by the County . The Key West Botanical Gardens, the County and the TOC shall be named as additional insureds where appropriate and the Monroe County Risk Management shall be provided copies of all certificates of insurance upon execution of any contract and upon renewal of the Contractor's insurance. Key West Botanical Garden Society Special Capital Project Funding FY 2000 3 5) Authority. Each of the signatories for the firm below certifies and warrants that the firm's name in the agreement is the full name as designated in its corporate charter and that they are empowered to act in contract for the Key West Botanical Garden Society; and that this agreement has been approved by the Key West Botanical Garden Society Board of Directors. B. Key West Botanical Garden Society agrees to comply with the County purchasing ordinance 32-1998 as amended, and policies which require, at a minimum, that contracts for any goods or services which are expected to exceed $25,000 be awarded through a competitive bidding process; no contract will be awarded to any contractor ineligible to contract with the County or State; any acquisition or contract expected to cost between $5,000 and $25,000 shall require two or more written price quotes. 9. LICENSING AND PERMITS. The Key West Botanical Garden Society warrants that it shall have, prior to commencement of work under this Agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 10. HOLD HARMLESS/INDEMNIFICATION. The Key West Botanical Garden Society hereby agrees to indemnify and hold harmless the BOCCfTDC and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under the scope of this agreement. 11. ANTI-DISCRIMINATION. The Key West Botanical Garden Society agrees that they will not discriminate against any of their employees or applicants for employment or against persons for any benefit or service because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. 12. ANTI-KICKBACK. The Key West Botanical Garden Society warrants that no person has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in Key West Botanical Garden Society, except for gen'eral membership in Key West Botanical Garden Society. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. 13. TERMINATION. This agreement shall terminate on September 30,2001. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this agreement pursuant to the, terms specified herein, this agreement may then be terminated immediately by written notice of termination Key West Botanical Garden Society Special Capital Project Funding FY 2000 4 delivered in person or by mail to trie Key West Botanical Garden Society. The County shall not be obligated to pay for any services or goods provided by the Key West Botanical Garden Society after the Key West Botanical Garden Society has received written notice of termination. The County may terminate this agreement without cause upon giving written notice of termination to provider. 14. TERMINATION FOR BREACH OF AGREEMENT. The County may immediately terminate this agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants here.in contained to be kept and performed by contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a f6rfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide County with certification of use of matching funds or matching inkind services at or above the rate of request for reimbursement or payment by County is a breach of contract, for which the County may terminate this contract upon giving written notification of termination. 15. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior agreements with respect to such subject matter between the Key West Botanical Garden Society and the County. 16. CONSENT TO JURISDICTION. This agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the State of Florida, and both parties agree that the proper venue for any actions shall be in Monroe County. 17. ETHICS CLAUSE: Provider warrants that he/it has not employed retained or otherwise had act on hislits behalf any former COUNTY office or employee in . violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of the provision the COUNTY may, at its discretion terminate this contract without liability and may also, at its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to 'the former or present COUNTY officer or employee. 18. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." Key West Botanical Garden Society Special Capital Project Funding FY 2000 5 19. NOTICE. Any written notice to be given to either party under this agreement or related hereto shall be addressed and delivered as follows: For Key West Botanical Garden Society: Dean Carlson Key West Botanical Garden Society 729 Truman Avenue Key West, FL 33040 For County: Lynda Stuart Monroe County Tourist Development Council P.O. Box 866 Key West, FL 33041 and Suzanne Hutton, Asst. County Attorney 310 Fleming St. Key yvest, FL 33040 :rNESS WHEREOF, the parties hereto have caused this agreement to be ay and year first above written. BOARD OF COUNTY COMMISSIONERS Y L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA ~Y~i~ ~~d - (SEAL) ATTEST: Key West Botanical Garden Society Secretary BY~ President . . By: Key West Botanical Garden Society Special Capital Project Funding FY 2000 6 -- ........i':.. RlSCQ1naf 00. 91- J 2 2 ':'.' ::1 ,..!.....:~.:.:~:'~.;. -... ...A.~.:~;:.I~{;:~.:., . DB:ur:rm ;. OF ,;iAITAalm~\'. HEHlWnIf -: OP'" . ... . ~ BE'IWmf DE ClIY OF.Q;Y WESl', Fl.CIU.I:lLf. AND Q;Y' WESl' 80rANlCAL GAR.lEf 9:X:IElY, nc.; FROVIDOO ~ D~~n~ o.m:. . :., .:. "'. . tw. 'IHEllE:FalE,..BE.IT REscl.vm By,:,..,... City,CCXDIlission. of' the City of Key Weat, Florida thattthe attached Memorandum'of Underitanding'between.the . . City of Key West, . Florida, and the Key We.t Botanical Gardei1 Society, Inc. it . , . hereby approved!. .ubject to the contingencies '.tilted belOlof: 1) ,City ah&1l haw tlw r1.ghe. to allow County to c:cinstl:\JCt arid ~ta1i1 fence at 6 feet hai.gfu: arid parking .paces U .hown on 5/1/91. survey 2) CLty, .hall ~~ the r1.ght to. a11011 Coonty to USe ex:Lolting roadway a. ahol.n on 5/1/91. Nney with' .'celss . to. Coonty CODpound through proposed 10 feet gate. as 'sholm on .urvey. The: C1.ty Manager 11 hereby authorf,zed to exeCute .aid Heax;rancilm on behalf of I . . the City of KeyWeat, and the City Clerk La hereby authorized to attest to his signature and afliJe the Seal of the qity thereto. This Resolution .hall go into effect. UmedJ4tely.: upon its passage and . .. . .., .~ . adoptiCXl and authentication by the dgnaturq of the PrUiding officer and the Clerk of the Coar4!.ssion. PU.ed and adopted by the City Ccamis.don at a IDe8ting held th1.a ~day of July , 1991. .~~.~ BYI SALLY J. IS, MAYOR PRO TEMPORE STATE 0' rLORIDAI COUNTY 0' WOIIROEI CITY. or KEY 'EST~ This oopy ~ti 1\ true aOPT at the or1rlnlll Oil f1J.e 1n thh ott1oe. W1tne.@.H '!'fhr.nd. ~~z:t,l,~eal . tbh ~:tir.du7 c:!. . 19S1. . JOSf:I'!!tH., PMKER ~C:L!j:JlK By ~~QJ..~' EXHIBIT 1 Page 1 of 9 .. =.-':~'- ;....).. -,............. .......... ~;.:: ._:~....a ~ OF t.taRSTANonc' ... . Th1~ Hemorandual Of Uaderstand1.n~ ~t.red 1.n~() thi. \3~y of Sept~, 1991, b.twen the 'City of Key We.t', Florida, allll.lnicipal corporation organized and exLst1.ng under the lawl of the State of Florida, (hereinafter, "City") and the Key West Botanical Garden Sode.t)r, Inc:. , a Florida nonprofit corporation (herelnAfter, I 'Botanical Society") '. WllNESSE'lH \lIEllW, tN.,City is the owner of a parcel of real property known .. the Key W.st Botanical Garden and Arboretuai . ~re~ter,. "the pr8lll!su") located on Stock Island, ~y W.s!=, Florida, (See a~tac:hecl EJchibit A, Legal Description .cIopted and incorporated herein by ref~ence); and UlWlS. "'" city ....... "'" """'t.... ~Iut"," 2008 '" Joauuy 3. 196. I . est~lLsh1ng the property .. . permanent Bo~1.c:al Garden and ArboretuDJ. and ~, both. the City and the Botanical Society are COlIIII1.tted t.o. the rUpalBLble llllU\8geicent of the habitat of the only known extant population of the federally endangered specLes OrthaHc:u.s res.. reses, The Stock bland Tree Sna11, and both are coam1.tted to preserving the .esthetic bea.Jty of the reanant tropical Iwzmoc:k which Providel habitat for other threatened and endangered species; and "'DFAS, ~~~~~!B.~:~_~~l o~.~~ ~~.- I P~_tbII. P8r1llanentBotan1..c:al Card.J ~ Arborer;u. punu.at: to Rao1.ud.orr t 200s:-with any'~aordtnazY' expenlq to be approved by the City Ci::araU1!i:ln; 'and Yml!'.AS; theCl,ty hu pre~ly ~eaaed the pread.au to the Key Weat Garden Club, a Florida cucporatiCn, and laid lease expires in Septeaber 1991, 8lid the Botanical Garden Camdttee of the Key West Garden Cl~ 4S8UDed ~esponsihUity for the preservation and maintenance of the preadses; and ..amu:As, the Botanical Garden Calmittee of the Key West Garden Club, with the approval of the Key West Garden Club, formally formed the Key Weet Botanical Garden SocLety, Inc. for the sole purpose of expanding its meat>ership to better Page 2 of 9 ~ ~ p;"orv. U.P,oal..~l and ':'. ...., ".. . . " '.' .. . .'. . ". 'i'1 I...: ,.\ ;:'.:..;. '."'.. ~. . .,' .I. " :'. .. t... \mll,FAS.. the~Key .Wlllt .~den Club' previously entered into. Hemorandull of Understanding .vith .The. Nature Ccas!!tV~y.,dep,n~t1ng .~~spons1bLlltles "for the . . ...... ..~..:-......,.. ....J ~t.;,.. '.'v.. pC4-......j..'\{: ~.. . !. .~..:;.......i managE!IDBnt. of the habltat of the federally _~ered.peci.es, OrthalLcw reses . .' '.', .. , '. '.' ;"'1'. . I '". '.: ,~'.~V L . " !!!!!" 1lw Stock bland Tree SnaU. . (S~ attached Exhiblt B).i and '. "" . ':.... ",. .....0,.. '.. . . ...... ..., ~ ~'. . I.~ 'oIIEREAS.. t:ha BotanLcal,Soclety. 1n,~8I\IU ~o. enter Lnto a s l.milar Hemorandu:ll of Uadarstandlng vith .~ ~~ Conaeryancy up~: ex~cu.tL~ of thb Agreercent for . .. . I': '.... '. ~.. I .' \:: ..:.; ; . . . the .UlII purpo~.. i and ;. .1 I \I:ImEAS. t:ha Bo,t.n1ca1 Society hu ..tated in.lt~ By-Law. t:ha following purpoae.l: , . .:. -.... :'.... to. preserve, dewlap, and maintain ~. Kay W~.~ ~~~~~ G~:. ~ arboretUll, botanical garden, andwil,dHfe refuge; and..tp, ~age educatlonal we of the . ., .. ...... .. -'. '~...I.;.:. . ,," ".1\ Key lr/u t Botanical Garden by . c:bool children, youth orgllOlzatlOlll, college . . '. . . '''''' ,< ".. i:".. ',. . atudent., ruldent. of the Florida Key. and vUlton from ,?ther area who vish t.,; l~ about. t.roplca! vegetation and wf.~d,l.if. Lndlgl!l'lOUl t.o the Florida Key., .0 .. . ..., . p' . . . . (See attached ~~t C);...~.. 'J I '. -.- . . ;. ~ ~~~,..... .t:he..~i:an~_,~!=L~h.~~..~ ~tain the p~u at no l cost t.o the City for ie. .~u r aod. f .. .:. .,....:..;, ;..{..;..:.... ..' _;"1,.: -. \HUAS, ..,~~tC..l. ~~.o/:-~.~ ,to .~, a.,.lc~rrq. !lan for the.' .m.nc~t and buutification of ~ p~u utiU.z~ the ~ledge of expert. ...j in the field. of .ub~~plcal flora and fauna; and ~ "" '.. "0' I,., \HUAS, Lt, f..I in the but int.erut. of the CLty, both n..cally and enviroCllll8ntally, t.o have the Botanlcal Society pr~erve, maintain and enhance the pnadau; .... "',...0:', . ,,'. ~...' " ..- .. I tDI nD.EFCII.!:. the City and the Botanlcal SOclety agr~' AI folla.n: , : !hi Botanical Society agree.: 1. To preserve. the prem1su .. . sub-troplcal botanLcal garden and nat.Lve hardlorood hamnock, and to operat.e saLd pr&m;isea to provide the necessary care and , - ',' I. . '. Page 3 of 9 t -r . . lIl81nt8n8l1ce, to develop a long-range plan for the enhsqc8al8nt and beaut1flcatlon .. of the garden, 'and to encourage the educatlonal use of ..the prlllll1..tes by all secton of the ccxmunlty. 2. To encOJrage .tate and l~a1 agenclee to \18e the premIn. a. a' botanlcal garden and arboretum .. the part lee hereto ehall dHIII aMaable. J. that the Botanlcal Society shall not use . the . premises for any other purpose r unleSl such purpose ls approved by the City Ccami,ulon or (as to one-time uses such as furldraisen) by the Clty Hanager. 4. ~t,!{IY capital 1qlrovmente to the preadsu ehall be lubdtted to the Clty Hanag:~;'~p~~val'prior to cOllDl8llCement of conltructien, and the Ch~ Manager (- ehall have t~ right to deny approval for ...-, and the Botanical Soc1aty .hall obtain the app,roval of the CIty Building Department and the City Engineer and 8I1Y 'nece.aary' permits, prior to the C0llDl8llC8lIIel'lt of conatructIen. Capital i.a9rovements shall include provis~ of utility lervic:es to the .premise.. S. that there .hall, during the tem of eh1s Hemor8l1lba, be no ~ics' liens upon any buUding. or iJlprovemenu which IIl8Y et any time be put upon or be upon sai~ premises, arid that in case of any IIlechanics' Ut!NI, the Botan1cal Society IIJ.J..t payoff the .amej and that if default in pa)'lllSlltthe.reof .hall continue for th.1rt:y (30) days. aftar written notice, tha City ahall have the ri.ghi: and privilege, at it. optlon~ to payoff the s~ or any port~ of the ,_, and the 8m:lUnt .0 paid, including experiae8, .hall, at the opt~ of the City be due and payable by the Botanical Soclsty with interut thereon at the rate of lix (6) percent per annum, and in addition the City shall have the. right to. f.amediately tena1nat:e th1a Hemarandua of Und~ntand1l1.g without the necul1ty of ( prov1d1l1.g any further l19tice to the Botanical SocJ.aty. 6. that any perlIlIlnEIlt: iJlproWDler'lts to the premisu shall beccme the exclusive property of the City at the c:onclus1OO of the tem of th1a Hemorandua of Undarstandlng without the necessity of any ~St:ruDent of conveylKlCe. 7. That: the Botmlcal ~~ty ~U~. ~s". t~ ~h:J.. HE.n4&l!IDef.jt Practices devwloped by the Natun Conserv8ncy for Orthal1c:us. ruu ru~, nvi Stock Is.lsnd _. Tree SllAil. . 8. 'fuat the Botanical Society will not use or permit any person to use in any manner whatsoever the prem!.9es, nor any ~rovements nov en or hereafter constructed or placed on sald premises, nor any portion thereof,for any purpose calculated to lnjure the reputation of the premises or of the neighborlng property, nor for any purpose or use in violation of federal, state, or local 'Page 4 of 9 1..... .. ....,-, '." ':.. ..... :!: " . ; ...... ,.-., . .: ': . -. -,. .' -.....:! ""'.~.:.:.,,;. The City agrees: 1. To provide I.CUrity, by rout in. poli~. patrol, for the pnlld.ses, at no . gruee,r ~~wl than that curnntly provided and ,ci~~~~t.Upon continued fundl.ng'" . of the current'lewl. .~ :::,'.. ;'.'. 2. To provide t100 SS~gallon druu to be luvic.ed foi'-pic:kl,lp by the City'l solid waste c:ont~~ctor'at no cost .to Botanical SoCiety,~d to'waive'landfl~l tippl.ng . ~. .. . fees \mtU f~l Jandflll closure only, of tr~s from the premUes. Said fee waiver sball not extend beytx1d the landfill closure date of the City's lAndfill. J. Opclins and cl~ing of the pr8ad.su lhall ~the reapcndhiH~ of staff at 1I&yaho~. ~r,\.Kalday tJ\r.Cugh Friday, opening to be ~t 8:00 a.II.', cl~1itg at ." ...J'...-. .' '0' .. .'. .,' .:: 0' S!OO . p~.~' .. ~ing and clo~ing 00 Sa~)'I and SundaY. win b. the . relpcxwlbllity of tha Botanical S~iety. nw He.aloJ:;C1du:a of Underltanding ..t. forth all the cOWlUInts, p~ea, I.grMlllllSlt., and "underltandings between the City and the Botanical Society concerning the premiau. No subMq.Jent alteraHoo, amendilenl:, d1.Irlge, or additioo to t:hU Hemorandua shall b. b~1n.g upoo the City or the Botanical Society tmlus redJced to writing and duly &XeQ1ted by both parties. This lIl8IIlOrclcba shall b. .ffective .. of the 7th day of SepteabeJ;:, 1991 and for fifteen (15) years thereafter. ~.nlbnll&y be t~~lthu.party upatoae-(l) Y~Ydtl:en . ....~~.... none. to. the other party al: the a.ddr...~. leI: forth below, and mq..d~'-be l:arm'I...t~ by eithu- ~y for '~\;ert4b~~'!,f .theCOYenanI:I and'~ta.... ooata.1.ned herein upoo thirty (30) days' wril:ten notice to the other party a~ the address.. I8t forth belOlo'. , . t Page 5 of 9 '/ I ! i , I. ,. AI'IE9T:" . , ,. I ATIrSr: \0\'-- ~;\~'l'\ \~ \ Secretary . (SEAL) . ~ ~kt\. t'~ ~ . ........., ',:.. ,"' : :'.::: Page 6 of 9 Ii. LEGAL DESCRIPrION From the intersection of the centerline of U.S. Highway NuDber One (1) and the east abutment of the Stock Island Highway Bridge go easterly along the centerline of U.S. Highway Number One (1) a distance of 300.00 feet to a point; thence making a deflection angle of 91 degrees 10 minutes with the last described course a distance of 305.64 feet to a point; thence making a deflection angle of 32 degrees 40 minutes to the left with the last desc~ibed course.a distance of 330.00 feet to Traverse Point One; thence making a deflection angle of 13 degrees 13 minutes to the right with the last described course a distance of '. 300.00 feet to Traverse Point Two; thence making a deflection angle of 8 degrees 49 minutes to the right with the last described co.Jrse a distance of Z65.00 feet to Traverse Point lhree and the Point of Beginning of the parcel of land herein being described; thence run in a northeasterly dix'ection parallel with t;he southerly line of the land held by the Cerebral Palsy Association 200 feet to a point; thence turn a deflection angle of 79 degrees 30 minutes right and run thence sou~ly 210 feet to the northerly line of the Monroe County Hospital property; thence northeasterly and at right angles, along the northerly line of said Hospital property 300 feet .toa point; thence turn a deflection angles of 31 degrees 15 minutes 10 secondS right and run thence 111.91 feet to the northeast ~omer o.f the said Hospital property; thence turn a deflection angle of 87 de~ 45 minutes. left. and run. thence northwesterly 435 feet to a point; thence tum - 4 deflection angle of 29 degrees zero minutes right and run thence northeastf:!;r;'lY, 4QOfeet. to a point; thence turn a deflection angle of 12 degrees 15 mj,nute&.: l~;t-~and run thence northerly 300 feet to a point; thence turn a deflectioi.i~le ci-f 61 degrees' 45J1!inl,ltes left and run thence northwesterly 50 feet to a poiI:1t; thence turn a deflection angle of 89 degrees zero Diinutes left and run thence southwesterly 585 feet to a point which bears N 20 degrees 8 minutes E from the northeast corner of property described in CR 365 at Page 324 of the Public Records of MonJ:-oe County, Florida; thence run 130 feet more or less to said northeast corner; theilce run easterly, along the northerly line of the property of the Florida Keys Aqueduct Conmission 200 feet to a poirit; thence run southerly along the easterly line. of said Florida Keys Aqueduct Coamission . property 401.18 feet to the southeast corner of said property; thence run westerly along the southerly line of said Florida Keys Aqueduct Coomission property 200.36 feet to the southwest corner of said property; thence turn a deflection angle of 45 degrees left and run thence southwesterly along the southerly line of a 30 foot wide easement 372.71 feet to a point on the tangent line between traverse points 3 and 4; thence run southerly along said tangent line 106 feet back to the point of beginning, containing 11 acres more or less. AlSO, a parcel purportedly belonging to the City and lying along the Northeast boundary of Hospital Road where it intersects with Junior College Road, and measuring approximately 200.00' x 53.28' X 202.85" x 53.16', and comprising approximately 10,6(XLOO square feet, shown as Parcel "A" on a Phillips & Trice survey dated May 3, 1981. Excluding those areas of encroachment by Monroe County depicted on a surVey dated 5/1/91 titled "Agreement between Monroe County and City of Key West". Page 7 of 9 r, c! !ents ,y.~i 80r~'IJC!:L SllEPHASEl.dwg Wed Ma,. 01 10: 34: 55 2000 ,I .i:~ . I '. \i ZilJ ~.{ ~j). O~ '. m j). '1/ o yl1'}.. ~,~1 '}..c> "\ ,1~ , '"1 o o 1) 1: J> (p m .f:>,. ,.""" !j I I '.f: 1:1 ,,' ./ '" C' C> < < \\' G0- \\' WI/II 11 ~ '"C g" I I-tJ P" p) to CD Ib 1IZ (;\ l> m ~ ~~ OJ - Z o ~-f C r~ :I 00 ~ -f m ~ <i . 0 ~ < - m <p -f ~ THOMAS, I. PO~P.A. ARcJnTIcr 010 WbIt..S-..t. 'Jtq no (__) "". ..11 . '... ...... ......... -""....-......... r'TI OC 02 ~~ O(j) ZC 11 , If]]] 0 1 0 ~. O~fb ~ ]lI~~!IllCP CD -l ' . ~~Q ~~ ~ OJ o:!~. ~~ t=w r ~/ . :4~~ ~ .0 Dllil' (\ ~ (;\ J;jCP % ~ CP -f OJ :;(J -0 )> < r () z ~mf KEY nsr BOTAlfICAL GARDEN 5920 CoU.,. Road Key W..t, n o Page 9 of 9 /' / "- // ? / / / / / / / / / / / / / / // ,<ho / '6"-0 ./ . / ./ I -. // . II ( I , , , , , .J-..-_ I '-- I I I ......... I .....-1 I,dol:, ~ii 11111,:111[,:.1 IliI'i:lliL,U~[j fleo Na,' 0110:29: l.:l 2000 . : . f . . . . . ~ ~ . . . . . . '. ' . . . - ......... -. .... .,........... i '- I I / I I..... ..... ~ 7 I I ~ l~ ~ ~ j~ " "1 0 0 .\ Ul (b ~ en ..... r+ Cb '"d "U1 ..- g I ; KEY WEST BOTANICAL GARDEN ~ IIn' THOWS I. POPE, P.A.. ARCH1TECT 010 1Ih1te Stnet. x.,...Nt no (3OCI) 280 3011 5920 CoU... Road Key .....t. n 530.&0 Page 8 of 9 ,:..: " '. \l I I I I I I I I I I I I D THE RESTORArtPN OF TH~ KEY WE,pT BOTANICAL GARDENS: PHASE I Construction of .Isltor PaYllllon. Co~rtv'ard. and' Water F........ Proiect Acti\ftY Cost Matching Amount MBtch DescriDtion Archltectur81 & E:I....rtng Project Manageme ,t $ 28,800.00 $ 28,800.00 Donation Legal $ 7,500.00 $ 7,500.00 Donation Engineering Studie. $ 10.000.00 $ 10,000.00 Donation Architec:turcJ1 Design & Plans $ 21.700.00 $ 21,700.00 Donation Subtotal $ 88,000.00 $ 68.000.00 conatruction of ~rden. Design and InstallaCion: lar1dscape Desipn $ 10,000.00 $ 10.000.00 Donation Soil preparation i $ 2,500.00 Landscape In~llation $ 7,000.00 $ 4,000.00 Donation Plant material I $ 25.000.00 $ 13,000.00 Donation Irrigation $ 15,000.00 $ 500.00 Cash Equipment Ren.' $ 4,500.00 Signage $ 6,000.00 Native Plant Consutf,antS $ 9,600.00 $ 9,800.00 Donation Plant Information pt.ques $ 1,725.00 $ 1,725.00 Donation Specimen Plants $ 7,000.00 $ 7,000.00 Donation Site Preparation $ 9,400.00 $ 9,400.00 Donation Subtoal , $ 97,725.00 $ 55.225.00 Co...uuctlon of V~1tor Pavilion, CDUrtylltd. Stage, and Water F8aIute Construction Breakjlown: 2 prefabricated gmjebos a $80,000 S 120.000.00 $ Foundations. $ 6,500.00 $ Gazebo installatio~ $ 25.000.00 $ Carpentry-shell inatatlation* S 3,OOO~00 $ Plumbing. rough" . $ 3,000.00 $ Electric, rough. : $ 2.000.00 $ Cableltelephone, r$ugh $ 580.00 S NC rough": $ 2,000.00 S Windows. doors, lSiding* $ 4.000.00 $ Gutters'" $ 3,000.00 $ Drywalllinsulalion* $ 1.500.00 S Electric. trim $ 2,000.00 $ Plumbing, trim" $ 3.000.00 $ NC units. trim" . $ 3.000.00 $ Carpentry, trim* $ 2.000.00 $ Tile* $ 3,000.00 $ Infrastructure of Buildings S 4,000.00 $ Painting* $ 4,000.00 $ Entry gates* $ 5.000.00 $ Exterior benches $ 2,000.00 $ Courtyard $ 20,000.00 $ Stage S 4.000.00 S EXHIBIT 2 Page 1 of 2 16.000.00 3,200.00 12.500.00 1,500.00 1,500.00 1.000.00 290.00 1,000.00 2.000.00 1,500.00 750.00 1.000.00 1,500.00 ; 1,500.00 1.000.00 1,500.00 2,000.00 1,000.00 1,500.00 1,000.00 10,000.00 2.000.00 Cash Cash Donations & Cash Donations & Cash Donations & Cash Cash C8$h caSh Donations & Cash Donations & Cash Donations & Cash Cash Donations Donations & Cash Donations Donations & Cash Cash Donations Cash Oonstion& Donations & CaSh Donations & Cash Foreman Building Supplies: Water fountain Cistem Lumber · = includes _rials Interior Design , Security & Support $ystems Rock Wall & Weterfeature Repair Existing Ws. Rock Labor U hting g . Remove Shed & Tefephone Pale, Subtotal Total "',0 S $ $ $ $ $ $ $ $ $ S $ $ 9.000.00 $ 500.00 $ 5.500.00 S 4,000.00 $ 4.500.00 250.00 2,500.00 2,000.00 9.500.00 $ 8,500.00 $ 20.500.00 $ 2.800.00 $ 800.00 $ 22.000.00 $ 5.000.00 S 310,680.00 $ 476.405.00 $ 9.500.00 7,400.00 4.000.00 2.100.00 800.00 11.000.00 5,000.00 114.S.90.00 238.215.00 ,...... not Includ~ In orlgln.1 chft propo;.l Property Boundary $urvey $ 10,000.00 $ 10,000.00 Infrastructure; sewer, electric, water. cabte. phone from !Street to site $ 1~.000-$20.000 $ 10.000.00 Entry and S8f8ty Si9"s $ 23,000.00 $ 2,000.00 Insurance $ 3.000.00 Contingency-10% ssrz.241-$53.405 $28.120- $26.702 Subtotal $9',241 ~ $99,405 $48,120-$48.702 Total 10f30/00 JEM-1 $574i646-$575.810 $286.335+-$286,917 Page 2 of 2 Cash Cash Donations Donation Cash Oonetion Donation Volunteers Donation & CashÊDonation Donation Donation & Cash . DonatIon