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Item B2
BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: May 1, 2014 DIVISION: Public Works/ENG BULK ITEM: Yes No x DEPARTMENT: Public Works STAFF CONTACT PERSONIPHONE NO,: n_ Pierep/292-4 i00 AGENDA ITEM WORDING. Approval of long-term agreement with the Florida Keys SPCA to provide animal control and enforcement: services in Key West and the Lower Keys in exchange for contractor building a new animal shelter on College Road, Stock Island, to be used exclusively for animal care and control services. ITEM BACKGROUND: The animal control facility on Stock Island is in overall poor condition and the County's current Lower Keys animal control contractor, the FKSPCA, provided an unsolicited proposal to build a new animal shelter facility on a 1.02 acre parcel of land leased to the County from the City of Key West, and to provide long-term (20-year term with 10-year renewal option) animal control and enforcement services from Key West through Mile Marker 16.7 of the Lower Keys. The proposal consists of $575,000 per year of funding for operating expenses relating to animal control and enforcement services and additional funding for expenses directly related to the operation of the new facility, i.e,, increased utilities and insurance. The proposal from the Florida Keys SPCA was rank highest by the County's staff, and staff requested authorization to negotiate a comprehensive agreement in the $500,000 range. PREVIOUS RELEVANT BOCC ACTION: On March 19, 2014, the Florida Keys SPCA made a presentation and unsolicited proposal to the BOCC, and the BOCC directed staff to advertise a Notice of Receipt of Unsolicited Proposal and Invitation to Submit Proposal and proceed with the process as set forth in F.S. 287.05712, On April 16, 2014, the BOCC authorized staff to negotiate a comprehensive agreement. CONTRACT/AGREEMENT CHANGES: New long-term agreement which provides that the contractor shall abide by the terms and conditions as stated in the Amended and Restated Lease Agreement with the City of Key West and the Joint Participation Agreement with the City of Key West, as approved by the BOCC on March 19, 2014, and the Revocable License Agreement approved by the BOCC on April 16, 2014. STAFF RECOMMENDATION: Approval. TOTAL COST: $515,000 INDIRECT COST: nIa BUDGETED: Yes No x* DIFFERENTIAL OF LOCAL PREFERENCE: nla *Budget Transfer to be submitted by OMB for May 21� meeting Acct_ 001-21000-530340 COST TO COUNTY: same SOURCE OF FUNDS: ad valorem REVENUE GENERATED: Yes No x APPROVED BY: Co. Atty.: L. OMB/Purcha e. Risk Management: DOCUMENTATION: INCLUDED: x NOT RREQUIRED: DISPOSITION: AGENDA ITEM 4: MONROE COUNTY BOARD OF COUNTY COM M-STONERS CONTRACT SUMMARY Contras THE FLORIDA KEYS SOCIETY FOR THE Contract # PREVENTION OF CRUELTY TO ANNALS, INC. Effective Date: Expiration Date: 05/01/2014 041M034 Contract Purpose/Description: Amended and Restated Contract to allow long-term agreement for animal control and enforcement services in exchange for the FKSPCA building a new animal control shelter on new City property located on Stock Island' Contract Manager: _Beth Leto for BOCC (Name) on May 1, 2014 k,. L. j CONTRACT COSTS Public Works - #1 (Department/Stop #) Deadline: April 22, 2014 Total Dollar Value of Contract: $515,000 Current Year Portion: S214583.33 Account Codes: 001-21000-530340 Budgeted? Yes ❑ No ® (Budget Transfer will be placed on May 21' agenda). Grant: $ County Match: $ Estimated Ongoing Costs: $_ n& _lyr (Not included in dollar value above) a In Division Director' Risk Management O.M.B,IPuucing County Attorney Comments: ADDITIONAL COSTS For: (e.g., maintenana W8711mal RWAImA 'anitorial, salaries, Changes Needed f1 Reyiewer Yes[] Nonn Yes❑ Yes❑ No© f ❑ Yes Na® r tt t� 5--!-6 C �' Date Out 1 L) .Z !� 14 AND MONROE COUNTY This Amended and Restated Contract isentered into this 1st day ofMay, 2014,between Florida Keys Society ofPrevention ofCruelty to Animals, Inc., a Florida (501)(c)(3) non-profit corporation, ("CONTRACTOR" or "FKSPCA") and Monroe County ("COUNTY"). WHEREAS, the parties entered into an agreement on May, 18, 2005, as amended April 19, 2006, renewed on April 21, 2010; and WHEREAS, the FKSPCA has provided animal control enforcement and services in Key Westand the Lower Keys since 1999;and WHEREAS, the animal control facility on Stock Island has been in poor condition and in order to build a new and improved animal shelter, the FKSPCA as a 501(c)(3) non-profit corporation has raised funds for this purpose and has submitted an unsolicited proposal to the County pursuant to F.S. 287.05712; and WHEREAS, the City of Key West has amended its 99-yearLease Agreement with the County to provide a new location for an animal control facility to be built; and 'WHEREAS,theCouotyandFKSPCAfurtherintemdtoenterintothbuomprehenoiveaQreenlent pursuant to F.S. 287.05712 for long-term animal control services and enforcement in exchange for an animal control shelter tobebuilt bythe FKSPCA;and WHEREAS, the BOCC finds that the development of a new animal control shelter serves a paramount public purpose and would otherwise be a permissible use of County funds; and WHEREAS, pursuant to F.S. 287.05712, the County has further determined that the proposed project and partnership is in the public's best interest and provides an overall public benefit and that the financial plan submitted by FKSPCA is reasonable and consistent with F.S. 287,05712(11); and WHEREAS, in consideration of the savings to the County taxpayers in that FKSPCA will be building a new animal control facility to serve the public, the BOCC finds that it is appropriate to enter into this agreement inconsideration ofthat promise; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties 1. TERM OF AGREEMENT yw.tjd#r_&**,g 1,VrX-__L 2014 and ending at 12:00 midniAl April 30, 2034. The term of this agreement shall be renewable in accordance with Section IV. I The County, in consideration of the Contractor substantially and satisfactorily performing and carrying out the duties ofthe County astoproviding animal control services and enforcement of laws related to animals in Monroe County, Florida, shall pay 1othe Contractor not to exceed amount of Five Hundred and Fifteen thousand DOLLARS and zero CENTS /$515,000\ per year on a reimbursement basis equal to1/12ofthis amount mr$42,91G.G7. If reimbursement request is less than the per month reimbursement amount of$43,916.G7, the unused balance will be rolled over and available for future reimbursement request. The contract amount, upon mutual agreement by the parties, can be adjusted based upon an analysis ofincreased shelter operations, increased operational cost mrother justified reasons relating to animal control services and enforcement as set forth in this agreement. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination, unless otherwise required by law. NEWMIgglu Payment will be made periodically, on a reimbursement basis, as hereinafter set forth. Reimbursement requests will besubmitted tothe Public Works Department. The County shall only reimburse, subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with this Agreement, Monroe County Code of Ordinances, State laws and regulations and AttachnnentA-ExpenseReimbumemoentRequirements. Evidence ofpayment bvthe Contractor shall be in the form of a letter, summarizing the expenses, with supporting documentation (e.g. copies of invoices) attached. The letter should contain a notarized certification statement. An example of reimbursement request cover letter imincluded asAttachment B. The Contractor's final invoice must be received within sixty (60) days after the termination date of this contract as shown in Article I above. After the Clerk of the Board examines and approves the request for reimbursement, the Board shall reimburse the Contractor. However, the total of said reimbursement expense payments in the aggregate sum shall not exceed the annual total amount shown in Article 11 of this agreement. The Contractor, as 501(m)(3) non-profit corporation, agrees to provide the documentation listed in (a)' (f)onanannua|baaisandupmnrequesLbyYheCounty.Paymnentsaresubiecttothisinfornnationbeing provided onanannual basis orupon request bythe County. (a) IRS Letter ofDetermination indicating 501(c)(3\ status; /b\ List of the Organizatinn's Board of Directors of; for each board member please indicate when elected toserve and the length ofterm nfservice; (c) Evidence ofannual election ofOfficers and Directors; (d) IRS Form 99Ofrom most recent fiscal year for all organizations; (e) Organization'a Corporate Bylaws, which must include the onganizaYion's mission, board and membership composition, and process for election ofofficers; and 2 Hl Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions. The Contractor shall cooperate with County monitoring visits that the County may request during the contract year, and shall provide such other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. A. The Contractor shall provide all staffing, equipment and supplies necessary to operate the Key West Animal Shelter located at 5230 College Road, Key West, Florida 33040 and upon completion at the new/ "Facility" and provide complete animal control enforcement services from Mile Marker Oto 16.7 (the Harris Channel Bridge), including the City ofKey West. STAFF: The Contractor will fully staff, operate and perform all current functions of the Shelter, as further identified in the training manual to be prepared by Contractor; said training manual will be reviewed and approved by the Director of Public Works or designee prior to implementation. The contractor shall provide a list of employees by name and tide, including but not limited to, she|terrnanger(s) and animal control of0cerb\. Since this contract is service agreement, staffing is of paramount importance. Contractor xheU provide services using the following standards, asaminimum requirement: 1. The Contractor yho|| provide all necessary personnel to provide the services under this contract. The personnel shall not be employees of orhave any contractual relationship with the County. 2. All personnel engaged in performing services under this contract shall befully qualified, and, if required, to be authorized or permitted under State and local law toperform such services. ii The Contractor shall cooperate with the Monroe County Health Department and follow all local and state laws, regulations and procedures, including but not limited to F.A.C. 1OD-3.091, Procedures for Control of Specific Communicable Diseases and Chapter 64B16-29, Animal Control Shelter Permits. iii. The Contractor will receive and properly confine all animals that are brought to the Shelters or which become the responsibility of the Shelters. All animals in the custody of the Contractor shall have a constant supply of fresh water and be fed a diet appropriate for their species, breed, age and physical condition. Each shelter facility has aperimeter fence toconfine all animals to the facility grounds and to restrict wildlife from accessing the property; in this regard, Contractor is not to place food or water outside of the She|1er'sfenced area(s)unless itisinanappropriate cat orraccoon trap. 3 1. The Contractor shall provide appropriate cane for sick and injured animals inits custody and shall obtain the services ofaveterinarian who islicensed byand ingood standing with the Board ofVeterinary Medical Examiners for the State ofFlorida for consultations and/or professional services. 2. The Contractor shall provide the personnel and materials necessary to humanely euthanize all animals designated for euthanasia by the supervisors ordesignees ofthe Shelters, The primary drug tobeutilized for euthanasia shall be sodium pentobarbital, and the Contractor shall administer euthanasia to those animals designated for destruction in a humane manner and consistent with state and county laws and regulations. The Contractor's personnel who perform euthanasia will have appropriate certificates attesting to the employee's authority to perform euthanasia, and copies of the certificates will be forwarded to the Director ofPublic Works ordesignee. 3. The Contractor shall provide hearlvvornmtesting to all adoptable dogs, provide devvor,ning to all adoptable animals, and shall have e program in place for flea and tick control. The Contractor shall provide F|Vand Feline leukemia testing for all cats retained in the facility for adoption. iv. /QDJPTK}Y�S: 1. The Contractor shall ensure that rabies inoculations will be given to all adopted and redeemed animals as required by law. 2. The Contractor will provide an adoption service through the Shelters for the purpose of securing suitable homes for adoptable animals. The Contractor shall follow appropriate criteria to insure that each companion animal is given a suitable home through basic screening procedures that evaluate both the animal to be released and the potential adopter in an effort to assure that the animals adopted are being placed in long-term homes. The screening procedures shall be reviewed periodically by the Director mfPublic Works or designee as to form and practicality. All adoptable animals will be available for inspection by the public during normal working hours. The Contractor shall utilize the Adoption Agreement attached hereto as Exhibit "G1" unless modified by written and signed directive from the Director of Public Works ordesignee. 3. The Contractor shall enforce the provisions of the contract, including, but not limited to, taking any action necessary to ensure that an adopted animal is spayed or neutered and licensed prior to releasing the animal or transferring ownership to its adopter. v. The Contractor will issue license certificates and corresponding tags for dogs, cats and ferrets as required by the Monroe County Code and collect and remit tothe County the fees established by the County Resolutions attached hereto as Exhibit "B.° The Contractor will be responsible for determining that all requirements have been satisfied by an applicant prior to issuing a license certificate and shall remit all fees to the County. The license certificates and corresponding tags are numbered and 4 tracked, and Contractor is responsible for returning copies of each numbered certificate that is either issued or voided (including tag for all voids) to the Director ofPublic Works mrdesignee onabi'm/eeNybasis. »i. The Contractor shall maintain a Policies and Procedures Manual for guidance ofall staff. Ataminimum, bshall set forth the following: 1. Goals and Objectives ofthe Organization. 2. Protocols for intake, care, adoption, return to owners, and other disposal of animals. 3. Protocols for responding to calls for animal control services, whether in the nature oflaw enforcement, pick-up ofdead animals, orother. 4. Protocols for daily maintenance of premises and equipment, including vehicles. 5. Training Staff a\ prerequisites for certain positions b\ keeping staff current 5. Training provided* shall include: a\ Shelter Policies & Procedures (required of all staff, including volunteers) b) Basic Pet Care c) Veterinary Health Care d\ Animal Behavior e) Animal Handling f) Breed Identification &charaotehatics g) Obedience Training h\ Behavior Problem Solving i\ Counseling Methods j\ Conflict Management (required ofall law enforcement personnel) k\ Grief Counseling |) Telephone Manners and Customer Service Skills *Items a&'must beatleast inpart provided inaclassroom orseminar type setting, with live orvideo teaching. All other training may bese|f- study, although some in -person orvideo training in highly recommended. Training shall beprovided appropriate tothe position filled bythe worker, whether that worker iyanemployee oravolunteer. 7. Adoption Guidelines, which shall absolutely require sterilization otall animals adopter.prior to release to Other guidelines shall address, ataminimum: a. Consultation with the prospective adopter. b. Prospective adopter's commitment to be responsible for providing care, safe environment, veterinary bills for life ofthe animal. c. Animal's disposition and that ofmembers (human and animal) ofthe household tmenhance aswell aspossible the probability ofsuccessful placement. vii Ataminimum: the Shelter shall beopen tothe public at least 6 days a week and for a minimum of 42 hours each week with an exception for Holidays. Hours ofoperation as set forth above may be adjusted only upon mutual written consent of the County and the Contractor in the form of a contract amendment approved by both parties. B. SHELTER FACILITY/ PREMISES: Due to the poor condition of the current animal control facility, The Contractor shall construct a new animal shelter /"theFad|h«"or"Project") on the "Relocated Premises", which is more particularly described on Schedule B of the Amended and Restated Lease Agreement, which is attached hereto an incorporated by reference. The Contractor's unsolicited proposal is attached hereto as "Unsolicited Proposal for a New Animal Shelter" and incorporated by reference. The County understands that the Contractor is building the new Facility with tax-deductible donations tothe Contractor, which isa5Ol(c)(3\non-profit organization. Tomaintain the tax- deductible statusofdonadons,theFod|ityisrequiredtobeanasnetoftheContractorvviththe understanding that the Facility and any improvements thereto will become the property of Monroe County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor shall execute any and all documents required to convey clear title of the Facility to the County upon expiration or termination of this Agreement, subject to the amortization as set forth below. The Contractor will use the Facility to provide the services aooutlined above. The County must review and consent tothe design, deve|opnoentandconstrucdonofdle Facility before the Contractor proceeds with work. The Contractor must comply with the County's competitive bidding procedures as set forth in Section 2-347, Monroe County Code and the Monroe County Purchasing Policy and Procedures. Also pursuant to F.S. 287.05713(9),the Contractor shall provide delivery of performance and payment bonds, letters of credit, or other security acceptable to the County in connection with the development or operation of the Facility in the form and amount satisfactory to the County. For components of the Facility which involve construction, the form and amount of the bonds must comply with s. 255.05, Florida Statutes. Unless the County finds that the security provided is insufficient, the County will accept security in the form of bank statements; signed letter from the bank stating that funds are inthe bank for the specified project; and/ordocumen1adonpmovidedbyafinancia| institution of a line of credit assigned to the construction of the Facility. The Contractor shall file on a quarterly basis, the appropriate financial statements that pertain to the Facility and other security as set forth above or that may be required by the County. Ifthis agreement isterminated bvthe County, the Contractor shall beentitled to reimbursement only for the actual cost of work completed in construction of the Facility, including architecture fees and permits fees. The total reimbursement will not exceed the total cost of the construction minus depreciation, using a straight-line method of depreciation and will be amortized over a period of 30 years. After 30 years, the Contractor will not be entitled to any reimbursement for construction and the Facility and any improvements to the Relocated Premises becomes the property ofMonroe County. The County grants and authorizes the Contractor to use and develop the Relocated Premises described as Schedule B in the Amended and Restated 99-year Lease Agreement with the City of L., Key West as attached hereto and incorporated by reference. The Contractor agrees to be bound by all of the terms and conditions as set forth in the Amended and Restated Lease Agreement and Joint Participation Agreement (JPA) attached hereto and incorporated by reference. The Relocated Premises is to be used exclusively for animal control services, an animal shelter and its related and associated uses. The Contractor shall develop and use the Relocated Premises as an animal control facility for animal control enforcement and services in Key West and the Lower Ke-,,js. The develoyment and construction of the FacilitW shall comy.1 with the -?rovisions in the Amended and Restated Lease Agreement. ° Upon completion of the Facility and issuance of a Certificate of Occupancy (CO), the County in consideration of additional cost directly related to operation of the new Facility, i.e. increased staffing, utilities, insurance, repairs and maintenance, will increase compensation, inanamount to be determined, on a reimbursement basis in compliance with the provision for payment au set forth in paragraph 2 above. Additionally, repairs that are estimated to cost over $1,00O.00 and are approved by the Director of Public Works, or designee may be paid directly by the County, and shall be in addition to the total compensation amount set forth in paragraph 2. The County grants and authorizes Contractor touse City property asset forth inthe Revocable and License Agreement for Use of City Property, as attached hereto and incorporated by reference. The Contractor agrees to all of the terms and conditions as set forth in the License Agreement. As per the License Agreement the Licensor/City of Key West and the County do not assume any liability whatsoever for any damage which may occur on the Licensed parcel. C. The Contractor will provide complete animal control and enforcement services within the Service Area described above, including, but not limited 1. Training of Animal Control Officers: The Contractor shall provide that all animal control officers complete the mandatory certification program outlined by F.S. 828.27 (40 hours of training curriculum approved by the Florida Animal Control Association); said training shall be completed on a timely basis after 90-day probationary period. The Contractor isto provide the Director of Public Works, or designee, with copies of the Animal Control Officer Training Program Certificates. 2. Emergency services (24-hours per day/7-days a week) for Priority One calls which are: a. injured animal; b. Bite cases; person bit bvany warm-blooded creature; C. Animal bites to other animals; d. Wild animal in home; e. Dangerous dog investigations; t Animal cruelty investigations; 9. Law enforcement requests. 3. Patrolling service area on a regular and consistent basis; VA 4. Picking up dogs that are running at -large; S. Picking up cats or raccoons captured in cat or raccoon traps; contractor shall notify the public ofthe availability ofcat and raccoon traps. 6. Non -emergency animal pick up from residential homes during normal operating hours; 7. Picking up dead animals along County or City rights -of -way and arrange for proper disposal in accordance with all applicable laws, regulations and ordinances; 2.. Disposing of any animals that are euthanized or that expire while in the care, custody, or control of the Contractor, in accordance with all applicable laws, regulations and A. Investigating all reports of violation of local and state ordinances and regulations relating to animal control and, when warranted by the facts, issue citations (Resolution No. 290-2010 and animal control citation form attached hereto in Exhibit "G3"), and/or prosecute all persons charged with violation of said ordinances and regulations, which includes representing Munroe County in court proceedings when required. Further, upon termination of this agreement, the Contractor shall complete all rases originated byContractor including representing the County incourt ifnecessary. 10. Complying with all applicable County ordinances and regulations as well as the laws of the State of Florida. 1). FEES. The Contractor shall collect and remit to the County all funds that are collectez? for fees, such as license certificates, citations, penalties, adoptions etc., required to b collected pursuant to Monroe County Code Sections 4-39, 4-45, 4-46 and 4-66, an Monroe County Resolution No. 240-2006, as amended by Resolution Nos. 386-2006 an 599-2006, as same may be amended from time to time; said Resolutions are attach hereto and marked Exhibit "B." Checks received for these fees shall be made payable Monroe County and remitted directly to the County. In this regard, the Contractor sh issue numbered receipts and keep appropriate records of all funds received and sh provide to the Director of Public Works or designee on a bi-weekly basis copies of dai cash reconciliation forms, daily bank deposit information and original license certificat that are issued or voided. All funds must be deposited into specific Monroe Coun bank accounts, and all requests for waiver of any fines or fees owed to the County mu be submitted in writing on the County -approved affidavit form to the Director of Publ Works or designee, said affidavit form is attached hereto and marked Exhibit "G2." T Contractor shall only charge fees as outlined in Monroe County Resolution No. 24 2006, as amended by Resolution Nos. 386-2006 and 599-2006, as same may amended from time to time; said Resolutions are attached hereto and marked Exhi "B." The Contractor shall not charge any fees for services at the Shelters unle approved in writing by the Contractor and the Board of County Commissioners in t form of a contract amendment. D. in addition to the transactional fees as set forth in the resolutions and as required to be remitted to the county pursuant to Sec 4-39, Monroe County Code, the animal control contractors may charge animal owner(s) or potential adopter(u)for services, including sterilization pursuant toSec. 823.15, Florida Statutes, vaccinations not covered by the County, and any other services provided to the public which are not required by the County contract. The Contractor shall charge no more tothe public than the average cost of any of the services provided which are not required under this contract. E. REPORTS On a bi-weekly basis, Contractor shall provide the Director of Public Works or designee with copies of all bite reports and citations that are issued. On a monthly basis, Contractor shall submit a statistical report utilizing the form marked as Exhibit "G4" as same may be amended from time to time. F. HURRICANE OR OTHER NATURAL DISASTER: |nthe event ofahurricane orother natural disaster, the Contractor shall make its best efforts to properly house and care for all animals. |nthis regard, the Contractor shall designate sufficient staff who will be able to remain in the County hurricane or similar natural disaster to care during the disaster for the animals which have not been evacuated and after the disaster for animals not evacuated and any animals which are atlarge. The Contractor will supply those employees' names, addresses and telephone numbers tmthe County Administrator who may, at his discretion, require the Contractor to have the listed employees remain in the County during and after a Category 1, 2 or 3 Hurricane or similar natural disaster. G. PETS IN SHELTERS: Contractor shall provide the services designated for the Animal Control/Shelter Contractor in the Pet Friendly Special Needs Clients Sheltering Plan to provide evacuation of pets of Special Needs Clients and assistance with care of said pets. 4' RB]NEWAL! The County shall have the option to renew this agreement for an additional ten (10) year period after the initial 20 year period. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the consumer Price Index (CPI) for all urban consumers (CPI-U) for the most recent 1Imonths. 5. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses necessary to operate the Shelters. By signature hereon, the Contractor warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. 6. INDEPENDENT CONTRACTOR: Atall times and for all purposes, the Contractor, its agents and employees are strictly considered tn be independent contractors in their performance of the work contemplated hereunder. As such, �t the Contractor, its agents and employees shall not be entitled to any of the benefits rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. 7^ UTILITIES: The Contractor shall be responsible for payment of all utility charges for the Shelters. All utility accounts will beheld inthe Contractor's name. 8' VEHICLES: Contractor shall provide a list ofall vehide(o) currently used and anyvehide(s) that the Contractor acquires or uses in performing/providing services under this agreement, the Contractor shall include and list those vehicle(s) under this agreement with the V|N (vehicle identification number) and the Contractor must adhere to all insurance coverage requirements under this contract. If County funds are used to acquire any capital assets, then upon termination or expiration of the contract those assets will become the property of Monroe County, unless otherwise agreed to by the County. The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners and the County Court of Monroe County from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors inany tier, their employees, oragents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained within this agreement. Asapre-requisite of the activities governed by this contract (including the pre -staging ofpersonnel and material), the FKSPCA shall obtain, at their own expense, the types and amounts of insurance specified below, which are made part ofthis contract. The FKSPCA will not be permitted to commence any activities governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished tothe County asspecified below. The FKSPCA shall maintain the required insurance throughout the entire term of this contract. Failure to comply with this provision may result in the immediate suspension of all activities until the required insurance has been reinstated orreplaced. The FKSPCA will be held responsible for all deductibles and self insured retentions that may be contained inthe FKSPCA'mInsurance policies. IN The FK8PCAshall provide, tmthe County, assatisfactory evidence ofthe required insurance, either * Certificate ofInsurance or • ACertified copy ofthe 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 of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the FKSPCA's insurance shall not be construed as relieving the FKSPCA from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation and Professional Liability coverages. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver mfInsurance Requirements" and approved bvMonroe County Risk Management. Specific Insurance Requirements Employee Dishonesty Insurance The FKSPCA shall purchase and maintain, throughout the term of the contract, Employee Dishonesty Insurance which will pay for losses to County property or money caused by the fraudulent or dishonest acts of the FKSPCA's employees or its agents, whether acting alone or in collusion of others. The minimum limits shall be: S1OC\00Oper Occurrence Commercial General Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Commercial General Liability Insurance. Coverage shall bemaintained throughout the life ofthe contract and include, as aminimnum: • Premises Operations w Products and Completed Operations • Blanket Contractual Liability w Personal Injury Liability The minimum limits acceptable shall be: 00 If split limits are provided, the minimum limits acceptable shall be: AnOccurrence Form policy ispreferred. If coverage isprovided onaClaims 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 fora noininnunn of twelve (12) months following the acceptance ofwork bythe County. Business Automobile Liability Insurance Recognizing that the work governed by this contract requires the use of vehicles,the FKSPCA, prior to the commencement of activities governed by this contract, shall obtain Business Automobile Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: The minimum limits acceptable shall be: if split limits are provided, the minimum limits acceptable shall be: Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by this contract, the FKSPCA shall obtain Workers' Compensation Insurance with limits as set forth in Florida Statute 440. In addition, the FKSPCA shall obtain Employers' Liability Insurance with limits of not less than: Coverage shall be maintained throughout the entire term of this contract. All Risk Property Insurance "All hsk"property insurance, including theft coverage, written atreplacement cost value and e replacement cost endorsement insuring CONTRACTOR'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging toCONTRACTOR Veterinarian Professional Liability Insurance EN Recognizing that the activities governed bvthis contract may involve the furnishing ofprofessional services by a licensed Veterinarian, the FKSPCA shall purchase and maintain, throughout the life of the contract, Veterinarian Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of a Veterinarian arising out of activities governed by this contract. The minimum limits ofliability shall be: All provisions specified in the General Insurance Requirements (including the County being named as an Additional Insured) specified above shall apply toall Contractors and Subcontractors engaged bvthe FKSPCA. Prior to the commencement of any activities of Contractors and Subcontractors engaged by the FKSPCA, the FKSPCA shall ensure that the Contractors and Subcontractors are maintaining the following types and amounts ofinsurance. Commercial General Liability Insurance Coverage shall be maintained throughout the life of the agreement between the FKSPCA and the Contractor or Subcontractor and include, as a minimum: ~ Premises Operations • Products and Completed Operations * Blanket Contractual Liability * Personal Injury Liability The minimum limits acceptable shall be: if split limits are provided, the minimum limits acceptable shall be: AnOccurrence Form policy ispreferred. Ifcoverage isprovided onaClaims Made policy, its provisions should include coverage for claims filed onorafter the effective date ofthe contract. |naddition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the final acceptance of the work performed by the Contractor or Subcontractor for the FKSPCA. The County must be named as an Additional Insured on all Contractors and Subcontractors Commerci General Liability policies. I W Business Automobile Liability Insurance The FKSPCA,prior tothe commencement ofactivities governed bvthe contract between the FKSPCA and any Contractor or Subcontractor shall ensure that all Contractors and Subcontractors will maintain Business Automobile Liability Insurance. Coverage shall bemaintained throughout the life ofthe contract and include, asa minimum, liability coverage for: The minimum limits acceptable shall be: If split limits are provided, the minimum limits acceptable shall be: Workers' Compensation and Employers Liability Insurance Prior to the commencement of activities governed by a contract between the FKSPCA and any Contractor or Subcontractor, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. in addition, the FKSPCA shall ensure that all Contractors and Subcontractors are maintaining Employers' Liability Insurance with limits ofnot less than: Prior to any construction activities engaged by the FKSPCA, the FKSPCA shall obtain Builder's Risk insurance on an All Risk of Loss form. Coverage shall include coverages for: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the Additionally, the Contractor agrees to obtain and adhere to the insurance requirements as set forth in the Amended and Restated Lease Agreement, Revised Joint Participation Agreement and Revocable License Agreement for Use of City property. 10. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor: (a)Atany Monroe County Animal Shelter; (b) For the benefit ofanimals ioMonroe County; or (c) Off ofMonroe County premises for which the donors have a reasonable expectation that the funds may beused out ofCounty Said donations and grants shall be used by Contractor only for the benefit ofshelter animals in Munroe County or other services not mandated by the contract and may only be applied to the organization's operational mission within Monroe County. |nthe case ofdonations solicited bvthird parties onbehalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:OOa.nn. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of Monroe County shelter animals in Monroe County. If o prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. The Contractor hereby accepts the Shelter facilities and equipment in"as is" condition, and the Contractor shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating supplies and any additional equipment such as catch-all sticks, cages and the like shall bethe responsibility ofthe Contractor. A capital asset is tangible property or fixtures estimated to cost or be valued at $1,000 or more. Prior to purchasing a capital asset with County funds, the Contractor shall notify and seek approval in writing from the Public Works Department. IfCounty funds are used toacquire any capital assets, then upon termination orexpiration ofthe contract those assets will become the property ofMonroe County, unless otherwise agreed tobxthe County. The Contractor shall maintain a list of all capital assets even those purchased without County funds, noting whether acquired with County funds orother funding sources and the Contractor shall provide said list to the Public Works Department, as amended, when additional capital assets are acquired. Property acquired with County funds will be inventoried pursuant of Chapter 274, Florida Statutes. All fixtures, equipment, signs and tangible personal property provided by the Contractor and used on the premises by Contractor shall at all times be and remain the property of the Contractor. Contractor shall have the right to remove any such fixtures, equipment, signs or tangible personal property or any 15 part thereof, from the premises during the term of this contract, at the expiration thereof or within a reasonable time thereafter; provided, however that Contractor, in doing so does not cause irreparable damage to the Premises, and further provided that Contractor shall pay or reimburse County for the reasonable expenses ofrepairing damage caused hysuch removal. Prior to commencement of the service contemplated herein, the County shall perform an inventory of all supplies, materials, medicines and equipment at each Shelter and the inventory lists prepared therefrom shall be signed by both parties hereto. The Contractor hereby agrees that hehas carefully examined the premises provided by the County and the district for which he shall provide services and has made investigations to fully satisfy himself that suchsite(s) is/ane\correct and suitable for this work and heassumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees totheir sufficiency for the work tobedone. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. 14. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall beresponsible for the shelter premises. The Contractor shall: a\ Maintain the Shelters and Premises, including kennel areas, cages, and euthanasia room(s) and all equipment inaclean, safe and sanitary manner. b\ Maintain and be responsible for the costs of repairs to the Shelter buildings, grounds, and equipment inorder tokeep same inproper working condition. Prior tocommencement ofany repairs, the Director of Public Works or designee must be notified, in writing, of the proposed repairs and estimated cost. The Contractor will accept the facilities and equipment in"as is" condition. All operating supplies and any additional equipment such as catch-all sticks, cages and the like shall be the responsibility of the Contractor. o\ Contractor shall have the right during the term of the contract to construct, re -construct, re -model, paint, decorate and re-clecorate the Shelter; provided however, that all such improvements to the Shelter by Contractor shall conform to all applicable building codes, regulations, permits and prior written approval from the Director of Public Works or designee is obtained; written approval by the Director ofPublic Works ordesignee shall not beunreasonably withheld. All improvements remaining at the Shelter at the expiration or upon the termination of the contract shall become the property of the County. |fatthe expiration ortermination of the contract the Contractor wishes toleave the improvements or personal property at the Shelter, Contractor shall obtain written approval from the County. The County has the sole right to reject the leaving of such personal property and improvements and require the Contractor toremove them from the Shelter. |fContractor fails toremove personal property or improvements that a) Contractor leaves on site and b) the County requests removal, the County shall have the sole right to remove Contractor's personal property and improvements from the Shelter. Contractor shall be responsible to reimburse the County for all costs and expenses associated with the removal and disposal of Contractor's personal property and improvements. In ifCounty funds are used tuacquire any capital assets, then upon termination nrexpiration ofthe contract, those assets will become the property ofMonroe County, unless otherwise agreed toin writing by the County. 15. The Contractor may not use the Shelter Facilities for fundraising events orfor selling merchandise or services unless the County does not object after the Contractor notifies the County in advance and unless the funds raised, less related costs, are used to benefit the animals in Monroe County. The Contractor shall collect on behalf of the County the fines as listed in Monroe County Code Section 4- 39, 4-45, 4-46 and 4-66, and the fees listed in the Fee Resolutions attached hereto as Exhibit "B," as same may be amended from time totime, Said fines and fees shall be remitted tothe County aoset forth inSec. 4'39ofMonroe County Code. Contractor shall account separately for all donations and funds received: a) Atany Monroe County Animal Shelter; b) For the benefit ofanimals inMonroe County; and c\ Off ofMonroe County premises for which the donors have a reasonable expectation that the funds may beused out ofMonroe County. Funds raised by the Contractor from fundraising events at the Monroe County shelter and donations received at Monroe County Animal Shelters shall only beused tobenefit the animals inMonroe County or other services not mandated by the contract and may only be applied to the orgonizadon's operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any mission purpose, whether in or out of the County, or the fundraising fliers and other materials make it clear that the funds are to be used outside the County. 16. County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court ofcompetent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title V| of the Civil Rights Act of 1964 (PL 88'352) which prohibits discrimination on the basis of race, color or national origin; 2) Title |% of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended /42 USC ss. 6101-6I07\ which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92- 255), as amended, relating to nondiscrimination on the basis of drug abuse; 6\ The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of197O (PL91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 390ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act nf199O (42 USC s. I201 Note), as maybe amended from time to 17 time, relating to nondiscrimination on the basis of disability; 10\ Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disabi|ity, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and I1\ any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 17. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. |fanauditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close ofthe Contractor's fiscal year. Pursuant toF.S.119JJ7O1 Contractor and its subcontractors shall comply with all public records laws of the State ofFlorida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County inorder toperform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County m/nu|d provide the records and at cost that does not exceed the cost provided in Florida Statutes, Chapter 119orasotherwise provided bylaw. /c\ Ensure that public records that are exempt orconfidential and exempt from public records disclosure requirements are not disclosed except asauthorized bvlaw. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems ofMonroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 19. MEDICAL RESEARCH: in no event shall any animals under the cam, oustody, or control of the Contractor be given, bartered or sold to any medical research company. W., The County hereby leases its cat/raccoon traps to the Contractor for the Contractor to rent to the public upon payment of a deposit fee. All deposit fees collected by Contractor shall be returned to the renter upon return of the trap or, if the trap is not returned to Contractor, the deposit fee will be retained by the Contractor in order to purchase replacement traps. At the end of this agreement, the Contractor will return the same number of cat/raccoon traps to the County as the County had provided at the beginning of this agreement. Nothing herein shall preclude Contractor from purchasing and renting its own cat and raccoon traps. Contractor shall notify the public of the availability of cat and raccoon traps. 21. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the Owner of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. County may immediately terminate the Agreement due to any violations by Contractor of criminal statutes governing humane and cruel treatment of animals. Any other Contractor breach of this agreement shall be governed by the article below on termination for cause. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to inspect Contractor's maintenance of the premises, and care provided to animals. The Contractor agrees that the County Administrator may designate representatives to visit the facility(ies) periodically to conduct random open file evaluations during the Contractor's normal business hours. The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty (60) days prior to the date of termination. The County may terminate this agreement for cause if the Contractor shall default in the performance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide food or water for animals in the custody of Contractor. b. Failure to procure appropriate veterinary care for any sick or injured animal in the custody of the Contractor. c. Failure to administer euthanasia in a humane manner. d. Failure to maintain the Shelters in a clean, safe and sanitary manner. e. Breach of any other term, condition or requirement of this agreement. The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 25. COMPLIANCE WITH LAW: |nproviding all services/goods puouanttothisagreement,theCon1raotorshaUabidebvaUstatutes ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term ofthis contract 26. DISCLOSURE AND CONFLICT OF INTEREST: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. Il2.]lI,et. seq, Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. 27. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, orany form ofindebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms ofthis contract. The Contractor represents by signing this agreement that it has the financial ability and responsibility to develop and construct an animal control facility on the Relocated Premises and that it will be solely responsible for all cost associated with the Project and that funds reimbursed under this contract are not for the development and construction of the Project. As per the 99-year Amended and Restated Lease agreement, the Contractor shall provide a performance guarantee to the County before a building permit will be issued. The Contract shall warrant, prior to issuance of building permit, that Contractor has the financial capability to construct and complete the Project/The Facility as planned without the need to request further funding from County for same. The Contractor shall confirm in writing (in the form of bank statements; signed letter from the bank stating that funds are in the bank for the specified project; documentation provided by a financial institution of a line of credit assigned to the construction of the Facility) that Contractor has the funds in place, at the time of issuance of the building permit such to be in a position to construct and complete the Facility. The Coun1v/BOCC shall address any deficiencies infunding. The Countx/BO[Chas the option toreduce the size mfthe project/The Feci|ityin order 10meet any deficiencies infunding. 28. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: NX Monroe County Administrator and Dent Pierce, Director and County Attorney 11OOSimonton Street Monroe County Public Works 111112`'St,Suite 4OQ Key West, FL33O4D 11OOSimonton 3t,Rm. 2-23l POBox 1026 Key West, FL 33040 Key West, FL33O41-1O26 Florida Keys SPCA 29. TAXES: The County isexempt from payment ofFlorida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the Countvy exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the Count/sTax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 30. GOVERNING LAWS: This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to attorney's fees and costs. 31. PUBLIC ENTITY CRIME STATE'. A person or affiliate who has been placed on the convicted vendor list following a conviction for publ entity crime may not submit a bid on a contract to provide goods or services to a public entity, may n submit a bid on a contract with a public entity for construction or repair of a public building or publ work, may not submit bids on leases of real property to public entity, may not be awarded or perfo work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, a may not transact business with any public entity in excess of the threshold amount provided in Secti 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on t convicted vendor list. (CATEGORY TWO: $25,000.00). 1 32. The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. (b) Heorshe ioempowered 10act and contract for Contractor. /c> This agreement has been approved bythe Contractor's Board ofDirectors. Further, Contractor shall, upon execution of this agreement, provide proof of incorporation and a list of 33. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments orrevisions Yothis agreement must be inwriting and beexecuted inthe same manner aothis agreement. 34. NON -RELIANCE BY NON-PARTIES: 21 No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise Indicate that any particular Individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, Inferior to, or superior to the community in general or for the purposes contemplated in the Agreement. 35. -SURVIMM QF PR SiONS: Any terms or conditions of either of this Agreement that rewire acts beyond the slate of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and Shall be fully enforceable by either party. IN WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Agreement as of the date first written above. (SEAL) Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: _ By: Deputy Clerk Mayor/Chairman n CON A By. By: WITNESS Pres Chae�4�A ke.(1)Ma.? Preu Print Name: BY WITNESS ++ Print Name: Ltd 1 kr I R-b, 22 Florida Keys Sodety for the Cruelty to Animals, Inc. MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBEFIT 13ARROWS ASSISTANT COUNTY ATTORNEY Date 0�iA:i.` ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community - Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room muss: be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 P.M. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101. Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total $XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this day of 200 by who is personally known to me. Notary Public Notary Stamp EXHIBIT "B" PAGE 1 OF 4 RESOLUTION NO 599- 2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING RESOLUHON NO. 386-2006 TO PROVIDE A THREE-YEAR COUNTY LICENSE FEE FOR CATS THAT ARE NOT SPAYED/NEUTERED. WHEREAS, Resolution 386-2006 was passed by the Board of County Commissioners on September 20, 2006 providing for one-year and three-year County licenses, fees for dogs, cats and ferrets and replacement license; and WHEREAS, a scrivener's error resulted in the omission of the 3-year County license fee for cats that are "not spayed'neutered and 6 months ofage or older", 2.E. (2)(b); and WHEREAS, the animal control contractors report that there are a sufficient number of people selecting the three-year vaccine for their pets to make the alternative three-year license also desirable; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY', that: 1. Section 2.E. of Resolution No. 386-1006 is hereby amended to read: 2. E. County License: (1) Dogs: ONE YEAR THREE YEAR (1 (a) Animal is spayed/neutered or under 6months of age $10 $20 (2) Cats: (b) Animal is not spayed/neutered and 6 months of age or older $35 $75 (a) Animal is spayed/neutered or under 6months of age $10 $20 (b) Animal is not spayed/neutered and 6 months of age or older $35 (3) Ferrets: $6 $10 (4) Replacement (per replacement, regardless of years covered) $ 2 (5) Dogs and cats with microchips or other means of permanent identification and with registraWn to the my or a national identification service current to the owner, shall receive a $5 discount from the annua cem fef Cm z a � PASSED AND ADOPTED by the Board of County Commissioners of Monroe a n x F � meeting of the Board held on the 15th day of November, 2006. �' ' -"1 Mayor McCoy Yes "' Mayor Spehar Yes Commissioner Neugent Yes Commissioner Murphy Yes � UT w � Comujissioner DiGennaro Yes (Seal) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA Deputy Clerk y� MONROE COUNTY ATTORNEY Mayor/Chairman AP VED AS TO 6 G' ZANNE A. FlUTTON Date COUNTYz A OD� Y __ EXHIBIT 66B" PAGE 2 OF 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY9THRF,E-YEAR LTERNAT,VE IN THE CAT & FERRET LICENSE FEE& FLORIDA. AMENDING RESOLUTION NO 248-2W TO pROVID19 WIIFR KAS, Resolution No. 240-2006 was passed by the Scud of County Canmi>t Ones (BOCC) to revue the fm to be charged for various annual comrd services; and WHEREAS, Resolution No. 240-2006 eliminated the WWmatm ducxrycar boom ambWe in omiandiaG with the duce -year rabies vaccine which ate administered 10 some Pets; and WHEREAS, the annual control 0OWactors report that there are a sufficient mmba Of peopb selecting the three.ye ar vace me for their pets to make the akumabve three-year license also desirable; NOW, TId MMRE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: 1. Section Z.E. of Resolution No. 240-2006 is hereby amended to read: 2. M YEAR_ THREE YEAR E. County License: (1) Dom' $10 $20 (a) Animal is spayed/nautered or ender 6mantls of age (b) Animal is not spayeditwAered and 6 moaft of age or older $35 S75 (2) Cats: (a) Animal is spaye{ds moved or under 6mouahs of age $10 $20 (b) Animal is not spayedhwatered and 6 months of ap or older $35 (3) Ferrets: $6 Sl0 (4) Replacement (per replacement, regardless of years covered) $2 (5) Dogs and cats with aicauchips or other means of permanent identification and with regalration to the County or a national idemtifieation service curra t to the owner, shall receive a $5 discount from tw anneal licxnm fee. PASSED AND ADOPTED by the Board of County Comm =onaa of Monroe County, Florida, at a meeting of the Board held m the 20th day of September, , 2006. Mayor McCoy Mayor Spehar MONROE COUNTY ATTORNEY YA APPROVED T .FD (t�(.JO�NSATILEENE W. CA58% -� ASSISTANT COUNTY ATTOPEI o YA Dace lb—� 1`fN, rnrrn ra�r BOARD OF COUNTY COMKW]*W1 � o a Tq OF MONROEJUNTY, FLORk :krlc 88 - 0 D m r to By: _ MayorA a>a EXHIBIT 6611" PAGE 3 OF 4 Companion to Alternate Version RESOLUTION NO. 240 -2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, REPEALING AND REPLACING RESOLUTION NQ 2612M TO PROVIDE CHANGES TO DOG, CAT & FERRET LICENSE FEES. WHEREAS, Resolution No. 261-2005 was passed by the Board of County Commissioners (BOCC) to require the issuance of a dog license to correspond with the length of effectiveness of the rabies vaccination actually administered; and WHEREAS, the BOCC has passed Ordincmce No. 006-2006 requiring licensure of dogs, cuts and ferrets; and WHEREAS, the BOCC has determined that it is in the best interests of the public to change Chapter 3 of the Mmuoe County Code to also require licensure of ferrets and to change the age at which licenses are required to conform licensure to the State rabies vaccination laws; and WHEREAS, the BOCC has determined that there is no public concern about the fact previously Found by the BOCC that calls for pick up of un-neutered and unsprayed dogs at huge exceed such calls for dogs who have been neutered or spayed; and WHEREAS, it is desired to reduce the angst of pet owners who do not keep their pets ftom roaming at large; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, that: 1, Resohfdw No 261-2005 is hereby repealed. 2. Fees shall be collected for the following services as specified. RVICE FEE A. l'ickjw: (1) First Time $ 25 (2) Second Time $ 50 (3) Thud and each additional time within a 12-month period $100 *The above pick-up fees shall be doubled if the animal picked up was not vaccinated for rabies. (4) Unaltered antn d at AmV fines/ exenWdon license. If an unaltered animal comes into the shelter, either by being picked up or brought in, there will be an additional $100 fine for the fact that it is unaltered and that fine will be waived if owner or assigned caretaker agrees to alto the animal prior to leaving the shelter. B. BQKdjw (pC1' Wit) $10 C. $10 D.DiVQUL $10 Revise Ra. 261-2005 (Canpados.ta Ord Aswd 006.2006 ABwaaft Version App 6 2106) EXHIBIT `B" PAGE 4 OF 4 E. coum License: PER YEAR` (1) Dogs: (a) Animal is spayed/neutered or under 6months of age $10 (b) Animal is not spayed/nsttered and 6 months of age or older $35 (2) Cats: (a) Animal is spayed/neutered or under 6months of age $10 (b) Animal is not spayed/neutered and 6 months of age or older $35 (3) Ferrets: $ 6 (4) Replaoement $ 2 (5) Dogs and cats with microchips or other means of permanent identification and with registration to the County or a national identification service current to the owner, shall reodve a $5 discount from the annual license fee. * Licenses are to be issued on an annual basis. However, any throe -year license previously issued in conformity to a three-year rabies vaccine and pursuant to Resolution 261-2005 shall remain in effect until its natural expiration date. F. 2Ugprous Dos Certificate oI Rawstration (1) First year $100 (2) Annual Renewal S 50 G. Leg ReQistrstion (per litter) $ 50 Litter registration is required before birth. The owner of a pregnant animal shall be assessed a litter fee of S50 for each litter. If the litter is not registered, there will be $100 fine for first ofl9enae, $250 free for second offense, $500 fine on third offense. At the fret of use, the fine of S100 will be waived if ownw/caretaker agrees to akw the litter and breeding mother. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, nda, at a CD C3 BOARD OF CO COMMISSIONERS O OF MONROE CO , FLORIDA After: DANNY L. KOLHAGE, Clerk By: By Mayor/Chairmah D Clerk MONROE COUNTY ATT Revise Res 261 zoos 2 AT TOWED R (Compaoi- t*Ord Amend 006.2006 Akermit Version App 6 21 06) A. UTToN oa. __ _ c°u►m1.� i meeting ofthe Board held on the 2lstday of June , 2006. 3 0 � Mayor McCoy Yes or�..� o Mayor Spehar Yea w orn Commissioner Neugent Yes c � � � Patton Yes n''t .Commissioner C9S�iailOII01' Rice Ye8 '�' � A � O EXHIBIT "G1" FORMS REQUIRED TO BE USED BY CONTRACTOR ADOPTION AGREEMENT (ORGANIZATION' S NAME) Monroe County, Florida This Agreement is entered into between (name of Adopter), the "Adopter," and name of organization), the "Agency" this (day) day of (month), 20_. In consideration of the mutual promises contained herein, the above stated parties hereby agree as follows: 1. Agency shall release to Adopter the animal described in Receipt No. 2. Agency has provided basic care to the animal, and has found it to be in apparent good health, but makes no guarantees as to any undetected medical disorders or defects in its disposition. Any medical treatment or procedures rendered to the animal preparatory to the adoption shall be listed on a receipt provided to Adopter. Adopter may return the animal within 10 days of adoption without further charge only if the animal is certified by a licensed veterinarian to suffer from a congenital disorder. Any return after that time or for other than a congenital disorder will be subject to the Agency's Intake Fee. In recognition that Agency is a not -for -profit organization providing shelter care for the County shelter, none of the adoption or other related preparatory fees are refundable. 3. In consideration of the privilege of adoption, Adopter hereby waives any and all claims for damages against Agency and Monroe County, their officers, employees, agents and representatives which may result from this adoption, including, but not limited to, any veterinary costs or expenses incurred for the animal, damages or injury to property or person. 4. Animal has been neutered or spayed. Adopter agrees that spaying/neutering is a condition of the adoption and this contract provision may be enforced in Court. In the event that the animal is discovered to have not been neutered or spayed for any reason prior to release to Adopter, Agency shall, by written notice delivered in person or by registered mail, return receipt, require Adopter, within ninety (90) days of said notice, to provide to Agency a licensed Veterinarian's certified statement that the animal has been neutered/spayed or shall return the animal to the Agency for such procedure. Should Agency action become necessary to enforce this provision, Adopter agrees to pay all costs, including court costs and attorney's fees of the Agency. Should a Court adjudicate this issue, the parties agree that in addition to payment by Adopter of all costs, the Agency shall be entitled to injunctive relief requiring the spay/neuter surgical procedure. 5. Adopter agrees to provide humane care for the animal in accordance with all laws and ordinances in force in Monroe County. Adopter will not sell, trade, give away, or otherwise dispose of said animal without first giving Agency the right to take possession and ownership of the animal, subject only to the Agency's Intake fee as set by Monroe County Resolution. SO AGREED the date first written above. (Signature of Adopter) (Signature of Agency Representative) EXHIBIT "G2" FORMS REQUIRED TO BE USED BY CONTRACTOR AFFIDAVIT OF INABILITY TO PAY ANIMAL CONTROL CHARGES I, , (name) who being first duly sworn, in support of my request to have certain Monroe County Animal Control charges waived, do certify that: 1. I am the owner of (name(s) of animal(s) who are, respectively, (specify species) who have/has been picked up, housed or cared for by Monroe County Animal Control. 2. For the period of to , $ (date of Ist charge) (date of last charge) has been incurred as a result of the animal control services stated in paragraph number one. and 3. That I am unable to pay (check one) 1) the charges (or) 2) any more than $ without substantial hardship to myself or my family due to the following circumstances: (check all that apply) (A) My household gross monthly income from all sources is less than: (1) $1,200 if only one person in household, or (2) $1,500 if more than one person in household. (B) I do not have cash (including checking and savings account) in excess of $500.00. (C) I owe debts due to illness or misfortunes of my family. If this item is checked, briefly describe in the space provided below: (D) 1 do not own real or personal property which are not used by me for shelter and the necessities of life. If this item is checked, briefly list and describe all real property and automobiles owned by affiant: 4. If any statement herein is determined to be untrue, I agree to pay such charges as have been waived as a result of this affidavit. (signature) SWORN TO AND SUBSCRIBED before me this _day of , 201 , by who is personally known to me or who produced ,as identification. Concur Concur Animal Control Director County Administrator Notary Public - State of Florida at large EXHIBIT 66G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RESOLUTION tVO. 290 •2010 A RE3OLuT10N OF TM BOARD OF CUirlM C0W4M$iCfMS OF MONROE COUNTY, "ARMA, APPROVING THE ANIMAL C0tVML CffATWN TO BB USED PURSUANT TO SECTION 4.46 0P TFFE MO"OK CIX)-NW CODE, WEBS, puraugnt to Mm" County Cade (MCC) SWion 4.4k upon offing a violation of Chsptor 4 of the MCC, an anlvtnal Cosud aupe lvisw or animal Costral officer, of any other law eafarcement nfrieer, may issue a chatkw4 and %WRREAS, the wi*W control cKaion Load OWI be in subsuntiAly the same form as &pproved by Board reml Aka w d WHEREAS, the anteotd eoxwol Citations mid be app vvud by the %wd of CuuRty Conusiari ftm Ipr the ptapwe of tMuring esfatoment of the Monroe County Animal Conttot Ordinance; and WHEREAS, Section 4.46, MCC sm forth the requited iaformatim that shalt be awAined in the cilit i m; NOW THEIi MM, BE IT RZSOLVi'.D BY THE HOARD OF COUNTY CODOCISSIOMM OF MONROE COUNTY, FLORIDA, TKAT: I. no Roar& of C*uwy COntmissia"es of Monsw Cogty appmya Nn aAWW cancel ckstion attached hereto and, pse awd to See. " of tie l4tanwe C udy Code, is tDtira lint ad aaimal conord contrwftn we citstieus in WxftedW the not Reins to herein. PAWED AVD ADOPTED by the Baud of County Comm osionm of Monroe County, Florida, oat* l Sth day of kpwmba. 2010. Wyur Sylvia Murphy Mayor Fro ? em iketber C"ben Commissioner Kim Wis4won Commgtiwer Gump Neupa CommiWow Mario IN Gwnwo (SM) Anest: DA?s-NY L. XOT AAGF,. CLERK C. Deputy Clcrk yeu Jn_ LV Vey ,-• : �' ' ry � ; You ' * ' `4 BOARD OF COUNTY COMhII.SC p r Su OF M -NROE COiNNN, F(ADRIDA �' tz) �". Mayort0wirpemon !AONFlOE COUNTY ATTC' .' A P P 10' RM: C TI 1t. �,�!Ne!H;-$ARFi4'!i5 A$It13TAN O rt"Yj'TCFN=Y Date EXHIBIT "G3" FORMS REQUIRED TO BE USED BY CONTRACTOR RFSOLI: TION NO. 290 -2010 A RKSOl JTWN OF THE BOARD OF COLW'TY COIMiFR(IM>tONEMS OF MONROE COUNTY, WWRiDA, APPROVING THE ANIMAL CONTROL CffATIOI4 TO BE USED PURSUANT TO SECTION 4.46 OF THE ]MOMR01C CAN1NT1 CODE. WE 3 MS, pursuant to Momwoc County Cult (MCC) Section 4.46, upon observing a violAion of Chapt+x 4 of the ishCC, an animal eostral a V eMsor or animal control officer, or any other law eeforcement officer, may lame a chation; and W119PYAS, thrsplimai ccmtrvl cihtion used OWI be in Nbstanlially the same liyrm as approved by Board remkitictar, and WHIMS. the animal coamol cWAm Avid be approved by tlx: Board of Cvumv Coowwisrio+Jers for the pucpm of ensuring enforcement of the Motmre County Animal Contiol Ordinanoe; and WHRREAS, Section 4.46, MCC sea forth the requited infbneation that shalt be ccAlainued in the citaticm. NOW THLREF0M, BE IT RESOLVED BY THE BOARD OF COUNTY CObff4 3>IONERS OF MONROE COUNTY, FIARWA, THAT: 1. The Board of C *wky COmariirfiJhatri of M~tlR Cou.ty nppnOt+m Ow nauarni ceattel cluttion aieaeW hereto and, pmumd tJ! Sec 446 of time 14 mme Cam q Code, reJ uku lint ad animal control cot irnie ara um citatbm in PA092e61 Y the punt room"r►pPVOrVed hlrsiv. PAV, WD AND Ai1(1PT14i1 by the Board of County Commissiam of Monroe County, Florida, on this l Sth day of Septa alm. 2010_ 1+Raym Sylvia Murphy Mayor Pro Tem Hesiber Cttrtuthem Commissioner Kim WISLWott Corm. iniona GJcmjp cantmis6 ohor Mario Di Gem o (SF,•AL) Anent: DANNY L. KOf .RAGE. CLERK By: rrkv_t C. LlL1Jr✓m%7 Depray Cleric Yeas - .a U Yey Y'm HOARD OF COUNTY CCIh"04S 4 OF MO-NR0E C 01 rVN, F{MDA za y: -4.9 A 'Vtaynr/C�nrirperson VONROE C;C 01ITV ,AFP, OVc--j A'= TQ FORW 01. f IM"PiT-8AR O'JiS A$Ji13TAN O�PJ"Yl•-TCriN�Y Board of County Commissioners, Monroe County, Florida Animal Control Division in the County Court, In and for Monroe County, Florida Citation No. Citation Date: A.M./P.M. In the name of Ivfonroe County, Florida: the undersigned certifies that he/she had just and reasonable grounds to believe, and does believe that First Name Middle Last Name (Name of the Owner/Alleged Violator) Street City State Zip On the _day of 20 at A.M. / P.M. at (motion) Monroe County, Florida, did commit the following offense(s), contrary to laws. Facts constituting probable cause(elements of ofrmse: Animal Deseriptlon: (If available) Name: Breed: Color: Sex: Spey/Neutered Age: _ ❑ ANIMAL AT LARGE, SEC. 4.67(a) ❑ DOG BITE, SEC. 4.75(f) ❑ NO CURRENT RABIES VACCINATION, SEC. 4.64 ❑ NO VALID COUNTY LICENSE SEC. 4.65 ❑ FAILURE TO PROVIDE ADEQUATE SHELTER, SEC. 4-810) []ANIMAL(S) CONFINED IN VENHICLE, SEC. 4.81(s) ❑ FAILURE TO NEUTER DOGS, CATS, RABBITS, SEC. 4.69(a) ❑ OTHER VIOLATION SEC. 4. Where triable in County Court; Lower Keys Division - Monroe County Courthouse Annex, 302Fieming Strad, Key West, FL. 33040; or Middle Keys Division- Marathon Branch Courthouse, 3117 Overseas Highway., Marathon, FL 33050; or Upper Keys Division- Upper Keys Government Center, U820 Overseas Highway, Plantation Key, Florida 33070 On; (Mouth) (Day), 20 at A.MJP.M. Judge: Courtroom:_ ❑ 1T IS MANDATORY THAT YOU APPEAR IN MONROE COUNTY COURT AT THE TIME AND PLACE RECORDED ABOVE. ❑ YOU NEED NOT APPER IN COURT ON THE DATE ABOVE, BUT MUST COMPLY WITHT THE INSTRUCTIONS ON YOUR COPY OF THIS DOCUMENT. ISSUING OFFICER: DATE: SIGNATURE PRINT NANG! AND TITLE: I HEREBY AGREE TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE TO ANSWER TO THE OFFENSE(S) CHARGED OR, IF THE OFFENSE(S) CHARGED DOES NOT REQUIRE A MANDATORY COURT APPEARANCE AND I DESIRE NOT TO CONTEST THE CHARGE, TO PAY A CIVIL PENALTY IN THE AMOUNT OF S IN THE MANNER SET FORTH IN THE INSTRUCTIONS ON THE BACK SIDE OF THIS CITATION. I UNDERSTAND THAT, IF I DO NOT APPEAR IN COURT TO CONTEST THE CITATION OR PAY THE CIVIL PENLTY WITHIN TEN (10) DAYS OF DATE OF THIS CITATION (EXCLUDING SATURDAY, SUNDAYS AND HOLIDAYSI, I SHALL HAVE BEEN DEEMED TO WAIVE MY RIGHT TO CONTEST THE CITATION AND IN SUCH CASE JUDGEMENT MAYBE ENTERED AGAINST ME UP TO THE MAXIMUM AMOUNT OFTHE CIVIL PENALTY OFS5(N). IN ADDITION, FAILURE TO COMPLY MAY ALSO RESULT IN AN ORDER TO SHOW CAUSE TO BE ISSUED FOR MY APPEARANCE IN COURT, WHICH MAY FURTHER RESULT IN BEING HELD IN CONTEMPT OF COURT. SIGNATURE OF OWNEWALLEGED VIOLATOR DATE SIGNATURE IS MI AN ADMISSION OF GUILT (Note: Front of eitation) INSTRUCTIONS If the officer marked an "X" in the box preceding the words "YOU NEED NOT APPEAR IN COURT" • You may answer this summons by either of the following methods: I _ If you desire to plead GUILTY or NOLO CONTENDERS (No Cornet) you must WITHIN 10 DAYS of the issue of this citation, (Saturdays, Sundays and Holidays excluded) MAIL this notice with a Cashier's Check for the or Money Order prescribed amount for the violation charged, payable to CLERK OF CIRCUIT COURT, to the address checked below, (DO NOT MAIL CASH OR PERSONAL CHECKS); or you may appear at the address checked below, between the hours Sundays and Holidays excluded) and pay the prescribed amount. of 8:30 A.M. & 5:00 P.M., Monday — Friday (Saturdays, Lower Keys Clerk's Office (or Middle or Upper Keys Clerk's Office as appropriate) Soo Whitehead St., Suite 101, Key West. Florida 33040 AMOUNT TO BE PAID: S Note: Whichever your method of payment, you must sign the " PLEA OF GUILTY OR NOLO CONTENDERS AND WAIVER OF RIGHTS," lxlow and return it to the Clerk with your check. 2. YOU MAY APPEAR IN COURT by requesting a court hearing on thisedn the fronge. Your t side of this citation. tao This copy of made in person y appearing yourself or through an attorney at the address and time spec the Notice to Appear must be presented to the court at such appearance. PLEA OF GUILTY OR NOLO CONTENDERE AND WAIVER OF RIGHTS In consideration of my not appearing in court; I, the undersigned, do hereby enter my appearance on the affidavit for the offensels) charged on the other side of the citation. And waive the reading of the affidavit in the above named cause and the right to be present at the trial of such action. I hereby enter a plea of. ❑ he nature of the GUILTY OR NOLO CONTENDERS (No Contest) for the Offense(s) charged. I waive my right to defend against such charge(s) or to appeal any error in such proceedings. I understand t charge(s) against me. I plead, as indicated above, to the charge(s) being fully aware that my signature to this plea will have the same effect as judgment of this Court. Signature Address Signature of person taking waiver if presented in person Title: (Cleric, Deputy Clerk) (Note: Back of citation) EXHIBIT "G4" . Inc. ANIMAL SHELTER DATA FOR MONTH OF: DOGS CATS Animals Brought In: Animals Picked Up: Animals Adopted: Animals Redeemed: Animals Transferred": Animals Escaped: Animals Born at Shelter: Animals DOA: Animals Euthanized"" Other Animals number sick, injured, or dangerous Animals on Hand NOTES: Service Calls: Bite Reports: Cruelty Cases: COUNTY FEES COLLECTED Failure to Spay/Neuter: Exemption License: License: Pick -Up Boarding: Adoption: Disposal: Euthanasia: Feline Leukemia test: Total County Fees Collected: $ - REPORTED BY: Date Reported: "List how many, type of animal and where animal was transferred Other Fees Collected: Donations: Grants: Fundraisers: Other: 1 $ - RESOLUTION NO. 14-089 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED AMENDED AND RESTATED LEASE BETWEEN THE CITY AND MONROE COUNTY FOR THE ANIMAL CONTROL PREMISES; APPROVING THE ATTACHED JOINT PARTICIPATION AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in Resolution No. 85-224, the City Commission approved a 99-year lease with Monroe County for Animal Control premises on Stock Island; and WHEREAS, the buildings at that location have reached the end of their useful life, and the City Commission finds that it would be beneficial to allow the construction of a new animal control building and shelter at an elevated site; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA AS FOLLOWS: Section 1: That the attached Amended and Restated Lease Agreement between the City and Monroe County is hereby approved. Section 2: That the attached Joint Participation Agreement between the City and Monroe County is hereby approved. Section 3: That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. Page 1 of 2 Passed and adopted by the City Commission at a meeting held this 18th day of March , 2014. Authenticated by the Presiding Officer and Clerk of the Commission on 20th day of March 2014. Filed with the Clerk on March 20 2014. Mayor Craig Cates Yes Vice Mayor Mark Rossi Yes Commissioner Teri Johnston Yes Commissioner Clayton Lopez Yes Commissioner Billy Wardlow Yes Commissioner Jimmy Weekley Yes Commissioner Tony Yaniz Yes A CHERYL SMITH, ITY CLERK CRAIG CATES , /MAYOR Page 2 of 2 TO: City Commission CC: Bogdan Vitas FR: David Fernandez Marilyn Wilbarger, RPA, CCIM DT: March 11, 2014 RE: Amended and Restated Lease Agreement and Joint Participation Agreement with Monroe County for the Animal Control Premises ACTION STATEMENT: This is a request to approve an amended and restated lease agreement, and joint participation agreement with Monroe County providing for the re -location to another parcel of land owned by the City and utilized by the County for animal control services, and construction of a new building thereon. BACKGROUND: LEASE AGREEMENT The City previously entered into a 99 year lease agreement with the County in December of 1985 for the use of a parcel of city owned land for the purposes of providing animal control services. The original premises have reached the end of their useful life and the County together with its animal control manager are raising the funds necessary to build new facilities. The City has another vacant parcel of land adjoining the City transportation site on College Road that can accommodate a new animal control building and shelter. The re -location will provide the opportunity for the construction and completion of a new facility without an interruption of services, at an elevated site, with the ability to exercise the animals on the adjoining property that will be mutually beneficial. Therefore, the lease must be amended to provide for the re -location, and the original terms that remain unchanged are restated in an updated form of agreement. A summary of the basic terms are as follows: PREMISES: The parcel will be re -located to a site on College Road as shown on exhibit "B" of the lease containing approximately 1.02 acres. TERM: The term remains unchanged and began retroactively on the 12'h day of November 1985 and will expire in the 11 a' day of November 2084. USE: The County shall be entitled to use the premises for the construction and continuous operation of the animal control program, animal shelter and related and associated uses. The County may enter into an agreement with a third party for the operation of the animal control facility and shelter. RENT: The rent for the re -located premises will be $10.00 per year pursuant to the original lease agreement. EXPENSES: The Tenant will pay for operating costs including all utilities, repairs and maintenance, replacements and to re -construct the property as necessary to keep the premises in good repair and condition. INSURANCE AND INDEMNIFICATION: The most current language and requirements have been added to the lease with language that will provide for periodic updating as may be necessary throughout the term of the lase. IMPROVEMENTS: The County, under separate agreement with its animal control contractor will develop and construct an animal control facility and shelter on the re -located premises at their sole cost and expense. The timeline and specific requirements for the development and construction of the improvements are detailed in Section 9 of the lease. The County will be solely responsible for the demolition, removal and remediation of the existing improvements on the original parcel. FINANCIAL: The County accepts the original and the re -located premises in an as is condition and all improvements will be at the sole cost and expense of the County. Further, before a building permit will be issued as set forth above, the County shall provide a performance guarantee. The County shall wan -ant that it has the financial capability of completing the project/ Facility as planned without the need to request further funding. JOINT PARTICIPATION AGREEMENT The City and the County entered into a joint participation agreement on May 16, 1978 wherein the County agreed to maintain an animal control program and to enforce animal control ordinances in exchange for the lease of City owned land. The proposed agreement has been updated to be consistent with the terms and conditions of the amended and restated lease agreement as outlined above. Further, the City will agree to cooperate with the County in making such changes to its ordinances that are reasonable and necessary as may be requested by the County to assure reasonable control by the County within the City. CONCLUSION• Staff recognizes • the need and importance of the construction of new facilities and supports the re -location of the facilities pursuant to the terms and conditions proposed in the amended and restated lease agreement and joint participation agreement. JOINT PARTCIPATION AGREEMENT THIS AGREEMENT is entered into this R -day of&,C r 014, between Monroe County, a political subdivision of the State of Florida (hereinafter, the COUNTY) and the CITY of Key West, a municipal corporation organized and existing under the laws of the State of Florida (hereinafter, the CITY). WITNESSETH: WHEREAS, the CITY and the COUNTY entered into a 99-year lease agreement on December 20t', 1985, whereby the CITY leased property to the COUNTY for use as an animal control facility and the COUNTY agreed to provide animal control enforcement and services in the CITY; and WHEREAS, the parties also entered into a Joint Participation Agreement on May 16, 1978, which outlined the arrangement of the parties at that time; and WHEREAS, the Florida Keys Society for the Prevention of Cruelty to Animals, Inc. (also referred to as "Florida Keys SPCA" or "FKSPCA") has been the animal control contractor for the COUNTY and has provided animal care and enforcement for Key West and the Lower Key since 1999; and WHEREAS, due to the poor condition of the animal control facility, the Florida Keys SPCA has been raising funds to assist the County in building a new animal shelter and has requested that the parties support this effort by providing an appropriate site location; and WHEREAS, the CITY has agreed to amend the 99-year lease agreement with the COUNTY to include a site location for a new animal control facility to be built by the County, with the assistance of its animal control contractor, the FKSPCA and used for animal control services and enforcement for Key West and the Lower Keys; and WHEREAS, the parties in conjunction with the amended 99-year lease wish to enter into a new joint participation agreement to further outline the current obligations of the parties; NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties agree as follows: General Terms and Conditions 1. The CITY currently leases to the COUNTY, the tract of land, together with improvements thereon, which is described on Exhibit A attached hereto and pursuant to the terms as outlined in the 99-year lease agreement. 2. The CITY proposes to lease to the COUNTY, the tract of land, which is described on Exhibit B attached hereto and pursuant to the terms as outlined in the proposed Amended and Restated 99-year Lease Agreement. Due to the poor condition of the animal control 1 facilities, it is the intent of the parties that the tract of land described on Schedule A will continue to be used as an animal control facility until a new animal control facility is built by the COUNTY, on the tract of land described on Schedule B. In the event that the County does not operate an animal control facility or animal shelter and its related and associated uses, on the property described on Schedule A or Schedule B , then this agreement shall be null and void and possession of the premises shall revert to the CITY. The COUNTY will have 90 days from the date of the Certificate of Occupancy issuance for the premises located on Schedule B to vacate the premises located on Schedule A. 3. The CITY will cooperate with the COUNTY in making such changes in its ordinance as are reasonable and necessary as requested by the COUNTY to assure reasonable control of all animals within the CITY by the COUNTY. 4. The COUNTY agrees to maintain an animal control program and to enforce animal control ordinances within the City of Key West, Florida, in exchange for lease of land as set forth in the proposed Amended and Restated 99-year Lease agreement. 5. The parties agree to cooperate and encourage the aid and assistance of the Florida Keys SPCA and its successor in carrying out the objectives and obligations of this contract. 6. The failure of either party hereto to comply with any of its material obligations to the other party as provided for herein shall constitute a default under this Agreement. Upon any such default, the non -defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. This provision does not waive or negate the provisions of paragraph 21 and 22. 7. Notwithstanding the provisions contained in paragraph 6, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than 30 days is required to effect cure, then the defaulting party shall not be in default hereunder and the non -defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 8. In the event the defaulting party fails to affect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non - defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 9. To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the COUNTY does hereby agrees to defend, indemnify and hold the CITY, its officers, agents, or employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the COUNTY or any third party vendor contracted by the COUNTY in connection with this Agreement. 10. Notices. All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing and addressed as follows, or to any other address which either party may designate to the other party by mail: If to County: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041-1026 If to CITY: City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to: City Attorney P.O. Box 1409 Key West, Florida 33041 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service. 11. Attorneys Fees and Waiver of Jury Trial. In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by jury. 12. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation arising out of this Agreement shall be in Monroe County, Florida, Lower Keys Division of the Circuit Court or the Southern District of Florida. This Agreement is not subject to arbitration. 13. Entire Agreement/Modification/Amendment. Subject to the Amended 99-year lease, this writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. 14. Nonassignability. This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 15. Severability. If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. 16. Independent Contractor The COUNTY and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the CITY with respect to all of the acts and services performed by and under the terms of this Agreement. 17. Non -reliance by non-parties No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the Contractor agree that neither the COUNTY nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in the Agreement 18. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 19. Survival of Provisions. 4 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. 20. Binding effect The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CITY and their respective legal representatives, successors, and assigns. 21. Adjudication of Disputes or Disagreements COUNTY and CITY agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners and CITY. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 22. Cooperation In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CITY agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CITY specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 23. Non -waiver of immunity Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CITY and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 24. Privileges and Immunities All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 25. Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seal the day and year first written above. (City MONROE COUNTY, FLORIDA 11-14, zV Crai Cate , { ayo N. Original Premises From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point 94; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. RM-111 Amended estate Lease Agreement between The City of Key West, Florida as Landlord and Monroe County, as Tenant Dated tR Page 1 of 22 I This Amended and Restated Lease Agreement is made and entered into in Key West, Monroe County, Florida, this ,Lqa day of Agg�2014, by and between THE CITY OF KEY WEST, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, whose mailing address is P.O. Box 1409, Key West, Florida, 33041, (hereinafter "LANDLORD"), and Monroe County, a political subdivision of the State of Florida, whose mailing address is 1100 Simonton Street, Key West, Florida 33040, (hereinafter "TENANT"). Whereas, on December 20, 1985, the LANDLORD and TENANT entered into a 99 year lease agreement for a parcel of land more particularly described on Exhibit "A", which is attached hereto and incorporated by reference, to be utilized for animal control purposes (hereinafter "Original Premises"); and Whereas, the TENANT agrees to maintain an animal control program and enforce the animal control ordinances of the City of Key West in accordance with the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement; and Whereas the LANDLORD and the TENANT now desire to relocate the demised premises referred to in the 99 year lease agreement to the parcel of land more particularly described on Exhibit `B", which is attached hereto and incorporated by reference (hereinafter the "Relocated Premises"); and Whereas, the TENANT, through its animal control contractor, the Florida Keys Society of Prevention of Cruelty to Animal, Inc., shall construct a new animal control facility and animal shelter on the Relocated Premises (hereinafter the "Facility"). Therefore, in consideration of the covenants and promises contained herein, the parties agree as follows: Page 2 of 22 1. DEMISE. The LANDLORD does hereby lease to the TENANT, and the TENANT does hereby lease from the LANDLORD, the Relocated Premises, a parcel of land zoned for light industrial use containing 1.02acres located on College Road, Key West, Florida (hereinafter referred to as "Relocated Premises"), which is more particularly described on Exhibit B, which is attached hereto and incorporated by reference. The LANDLORD shall have unrestricted access and utilization of the fire road located within the Relocated Premises. 2. TERM. The term of this Amended and Restated Lease Agreement shall be for a period of ninety nine (99) years commencing retroactively to the 12a' day of November, 1985, and ending at midnight on the 1 Ph day of November, 2084. 3. RENT. The TENANT agrees to pay to the LANDLORD an annual rent for the Relocated Premises of Ten Dollars ($10.00) per year, which rental amount shall be paid on an annual basis each year of the term of this Amended and Restated Lease Agreement and shall be due on the 12a' day of November. 4. USE OF THE PREMISES. The TENANT shall be entitled to use the Original Premises and the Relocated Premises for the continuous operation of TENANT'S animal control facility, animal shelter and related and associated uses and for no other purpose. TENANT may enter into an agreement with a third party for the operation of the animal control facility and animal shelter and related and associated uses. In the event the TENANT does not operate the Original Premises or the Relocated Premises as an animal control facility, or in the event the TENANT breaches any of the terms or conditions contained in the Joint Participation Agreement entered into by the parties simultaneously with this Amended and Restated Lease Agreement, this Amended and Restated Lease Agreement shall be cancelled, be of no further force or effect, and possession of the Original Premises and Relocated Premises shall revert to the LANDLORD. In addition, TENANT further agrees: Page 3 of 22 A. Any banners, pennants, search lights, signs, balloons, or similar temporary media on the Original Premises or Relocated Premises must be in accordance with Key West City Code; B. Not to commit waste in the Original Premises or Relocated Premises and to keep the Original Premises and Relocated Premises in a safe, neat, clean and orderly condition and to maintain the Original Premises and Relocated Premises in good condition; C. Not to use the Original Premises or Relocated Premises or permit the same to be used for any residential purpose or permit the same to be used in any manner that violates any law, ordinance, rules, or regulation of the LANDLORD, or other governmental agencies, as existing or promulgated during the term hereof, or in a manner that would constitute a hazardous use of the Original Premises or Relocated Premises or violate any insurance policy of the TENANT or the LANDLORD; D. To take no action that would: (i) violate the LANDLORD's contracts or (ii) cause any work stoppage or cause any manner of interference with LANDLORD; E. To abide by and observe all rules and regulations established from time to time by the LANDLORD and the LANDLORD's insurance carrier; F. To obtain and maintain all licenses, permits, and other approvals necessary to conduct the TENANT's business during the Lease term. 5. COVENANT OF QUIET POSSESSION. So long as the TENANT pays all of the rent and charges due herein, TENANT shall peaceably and quietly have, hold, and enjoy the Original Premises and Relocated Premises throughout the term of this Amended and Restated Lease Agreement without interference or hindrance by the LANDLORD or LANDLORD's agents. 6. INSURANCE: INDEMNIFICATION. Insurance: At TENANT'S sole cost and expense, TENANT will secure, pay for, and file with the LANDLORD, during the entire Term hereof, an occurrence form commercial general liability policy, covering the Original Premises and Relocated Premises and the operations of TENANT and any person conducting business in, on or about the Original Page 4 of 22 Premises and Relocated Premises in at least the minimum amounts with specification amounts, as may be determined from time to time by LANDLORD, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this Lease, TENANT shall provide the minimum limits of liability coverage as follows: Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal TENANT shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring TENANT'S improvements and betterments, fixtures, furnishings, equipment and any other property belonging to TENANT. (ii) Workers compensation coverage as required by the provisions of Florida statute. Any management agreement used by TENANT must provide that the LANDLORD does not have any liability whatsoever for any damage which may occur on the Original Premises or Relocated Premises. The TENANT must provide the LANDLORD with a copy of any management agreement used by TENANT regarding the Relocated Premises. LANDLORD shall not be responsible for damage to any property belonging to TENANT or Tenant's manager. TENANT completely indemnifies the LANDLORD with regard to any claims made by any manager for any reason. From time to time during this Lease, at LANDLORD's request, TENANT shall (i) procure, pay for and keep in full force and effect such other insurance as LANDLORD shall require and (ii) increase the limits of such insurance as LANDLORD may reasonably require. Any general liability or other policy insuring the LANDLORD does not provide any contributing or excess coverage for TENANT. The policies TENANT procures for TENANT'S exposure are the only coverage available to TENANT. Page 5 of 22 While the Facility, or any replacement thereof, is in the course of construction, and whenever appropriate while any alterations or renovations are in the course of being made, the aforesaid fire and extended coverage insurance shall be carried by Tenant in builder's risk form written on a completed value basis. TENANT shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to LANDLORD named as "Additional Insured" on a PRIMARY and NON CONTRIBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11185) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of LANDLORD on all policies. TENANT will maintain the General Liability coverage summarized above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this Lease. TENANT'S insurance policies shall be endorsed to give 30 days' written notice to LANDLORD in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by TENANT pursuant to this Lease shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by TENANT hereunder may be furnished by TENANT under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to LANDLORD prior to the commencement of the Term of this Amended and Restated Lease Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event TENANT shall fail to procure such insurance, LANDLORD may, at its option, procure the same for the account of TENANT, and the cost thereof shall be paid to LANDLORD as an additional charge upon receipt by TENANT of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the LANDLORD's efforts to procure such policy. Certificates of Insurance submitted to LANDLORD will not be accepted without copies of the endorsements being requested. This includes additional insured endorsements, Page 6 of 22 cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. Indemnification: Subject to 768.28, Florida Statutes, TENANT does hereby agree to indemnify, defend, and save LANDLORD, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property (including adjoining property for environmental damage) in any way arising out of or connected with the conditions, use or occupancy of the Original Premises and Relocated Premises, or in any way arising out of the activities of TENANT, its agents, employees, licensees or invitees on the Original Premises and Relocated Premises and/or the building, including reasonable attorney's fees and court costs incurred by LANDLORD in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by LANDLORD's gross negligence in its failure to perform any of LANDLORD's covenants, obligations or agreements of this Lease. Nothing herein is intended to waive the sovereign immunity afforded to LANDLORD pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this Section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for TENANT under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of TENANT or of any third party to whom TENANT may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 7. ASSIGNMENT AND HYPOTHECATION. This Lease is not transferable or assignable, except as provided by Resolution of the Key West City Commission, whose consent may be withheld for any reason or no reason. The TENANT may not sublet the Relocated Premises or any part thereof. Any assignment, even with the LANDLORD's consent, shall not relieve the TENANT from the obligation to keep and be bound by the agreements of this Lease. The acceptance of Rent from any other person shall not be deemed to be a waiver of any of the agreements of this Lease or to be consent to the assignment for benefit of creditors or by operation of law and shall Page 7 of 22 not be effective to transfer any rights to any assignee without prior consent of the LANDLORD. 8. DEFAULT CLAUSE. A. It is covenanted and agreed by LANDLORD and TENANT that in case at any time default shall be made in the payment of rent, or in case the TENANT shall fail to keep the required insurance, or shall fail to spend insurance money, as herein provided for, or if the TENANT shall fail to perform any of the covenants of this Lease, including, but not limited to, the provisions pertaining to tenant improvements contained in paragraph 9 herein below, then, in any of such events, TENANT shall be subject to eviction pursuant to Chapter 83, Florida Statutes. B. Or, the LANDLORD may have such other remedies as the law and this instrument afford, and the TENANT covenants and agrees that upon the termination of the demised term, at such election of the LANDLORD, or in any other way, the TENANT will surrender and deliver up the Original Premises and Relocated Premises and property (real and personal) peaceably to the LANDLORD, its agent, or attorneys, immediately upon the termination of the demised term. If the TENANT, its agents, attorneys, or tenants shall hold the Original Premises or Relocated Premises or any part thereof, one (1) day after the same should be surrendered according to the terms of this Lease, it shall be deemed guilty of forcible detainer of the Original Premises or Relocated Premises under the applicable statute and shall be subject to eviction or removal, forcibly or otherwise. C. Where the alleged default consists of some alleged violation of any term of this Lease, other than the payments of money, including rent and insurance premiums, the LANDLORD may not declare this Lease in default until such violation shall have continued for thirty (30) days after the LANDLORD shall have given the TENANT written notice of such violation, and TENANT shall not have undertaken, during this thirty (30) days' notice period, to cure said violation by vigorous and affirmative action, provided, however, that nothing herein contained shall be construed as precluding the LANDLORD from having such remedy as may be and become necessary in order to Page 8 of 22 preserve the LANDLORD'S right and interest of the LANDLORD in the Original Premises and Relocated Premises and in this Lease, even before the expiration of the grace or notice periods provided for in this paragraph, if, under particular circumstances then existing, the allowance of such grace or the giving of such notice would prejudice or endanger the rights and estate of the LANDLORD in this Lease and in the Original Premises or Relocated Premises. With respect to the payment of the insurance premiums, the same must be paid at least thirty (30) days prior to the time when the policies would lapse for the failure to pay premiums thereon, and evidence of such payment given to the LANDLORD without any written notice being required to be served upon the TENANT in connection therewith. D. All default and grace periods shall be deemed to run concurrently and not consecutively. E. It is mutually covenanted and agreed that the various rights, powers, options, elections, privileges, and remedies of the LANDLORD contained in this Lease shall be construed as cumulative and no one of them shall be construed as being exclusive of the other or exclusive of any rights or priorities allowed by law. F. It is further covenanted and agreed by and between the parties hereto that the right given to the LANDLORD in this Lease to collect the rent that may be due under the terms of this Lease by any proceeding under same, or the right to collect any additional rent, money, or payments due under the terms of this Lease by any proceedings under same, or the right given the LANDLORD to enforce any of the terms and provisions of this Lease shall not in any way affect the right of such LANDLORD to declare this Lease void and the terms ended hereby, as herein provided, when default is made in the payment of rent or when default is made by the TENANT in any of the terms and provisions of this Lease. G. If at any time, by reason of the failure of the TENANT to keep and perform any covenant or agreement which, under the terms of this Lease, the TENANT is bound and obligated to keep and perform, it becomes necessary for the LANDLORD to employ an attorney to protect the rights and interests of the LANDLORD in the Original Premises or Relocated Premises or to enforce the Lease or proceed under it in any Page 9 of 22 Particular manner, then in any of such events, the TENANT will owe and will pay unto the LANDLORD all costs of Court and reasonable attorney's fees incurred or expended by the LANDLORD in taking such actions, including actions taken in all trial and appellate courts. 9. TENANT UMPROVEMENTS: TENANT agrees to develop and construct an animal control facility and animal shelter (the "Facility") on the Relocated Premises at TENANT'S sole cost and expense and in accordance with all existing permits, restrictions and any other land use requirements including, but not limited to, the Solid Waste Closure Permit attached hereto as Exhibit "C" and incorporated by reference, and the Ground Water Permit attached hereto as Exhibit "D" and incorporated by reference. Building plans and specifications for the Facility must be approved by the LANDLORD and be in compliance with sustainable standards for government buildings as determined by the Florida Green Building Council. TENANT shall pay all fees applicable to development of the Facility, including, but not limited to, impact fees and permit fees. TENANT agrees that the site plan will be designed to provide an acceptable sound buffer from the adjoining school. TENANT shall not place structures or other improvements in that portion of Parcel F labelled "asphalt" and "dirt road" or the parcel identified as parcel "A" on the survey attached hereto and more particularly described as Exhibit "E". TENANT shall submit an application for development plan approval of the Facility within 8 months of the approval of this Amended and Restated Lease Agreement. Thereafter, TENANT shall secure issuance of a Planning Board resolution concerning TENANT'S development plan within 150 days following submission of the application for development plan approval. Thereafter, TENANT shall secure issuance of a City Commission resolution concerning TENANT'S development plan within 60 days following the Planning Board's action on the development plan. Thereafter, TENANT shall submit an application for building permits for construction of the improvements authorized under the development plan within 180 days of the effective date of the development plan approval. ("Effective date of development plan approval" is the date Page 10 of 22 of any appeal or DEO challenge to development plan approval is finally determined, and if no such appeal or challenge is filed, 60 days following the rendition of the Commission resolution granting development plan approval). Thereafter, TENANT shall secure issuance of a building permit for construction of the improvements within 90 days after the building permit application is deemed complete by the chief building official. Thereafter, TENANT shall secure the issuance of a certificate of occupancy within 365 days of the issuance of the building permit. Before a building permit will be issued as set forth above, the TENANT shall provide a performance guarantee. The TENANT shall warrant that it has the financial capability to construct and complete the project/the Facility as planned without the need to request further funding. TENANT shall confirm in writing (in the form of bank statements, a signed letter from the bank stating that funds are in the bank for the specified project, documentation provided by a financial institution of a line of credit assigned to the construction of The Facility, and/or a line item budget for the construction and completion of the Facility approved by the Board of County Commissioners of Monroe County that TENANT has the funds in place at the time of issuance of the building permit such to be in a position to construct and complete the Facility. TENANT shall be permitted to occupy the Original Premises for the period ending 90 days from the completion of the construction of the Facility and receipt of a certificate of occupancy. Thereafter, TENANT shall remove all improvements located on the Original Premises and remediate all environmental contamination on the Original Premises within 180 days of vacating the Original Premises. TENANT shall be solely responsible for all costs and expenses associated with the demolition and removal of the existing improvements including, but not limited to, remediation of any environmental contamination. 10. TENANT'S DUTY TO KEEP PREMISES IN GOOD REPAIR. The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Original Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Original Premises, the Page 11 of 22 HVAC equipment, and the fixtures serving the Original Premises, and all furnishings brought or placed upon the Original Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re -construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. The TENANT covenants and agrees with the LANDLORD that while TENANT occupies the Relocated Premises during the term of this Amended and Restated Lease Agreement, the TENANT will keep in good state of repair, the Relocated Premises, the HVAC equipment, and the fixtures serving the Relocated Premises, and all furnishings brought or placed upon the Relocated Premises by the TENANT; nor will the TENANT suffer or permit any strip, waste, or neglect of any such property to be committed; and the TENANT will repair, replace, and re -construct the property as often as it may be necessary in order to keep the property in good repair and condition, at TENANT'S sole cost and expense. Tenant shall only utilize licensed contractors and shall apply for all permits, as required, to complete the necessary repairs. 11. ADDITIONAL COVENANTS OF THE TENANT. A. The TENANT shall pay for all utilities associated with the use of the Original Premises and Relocated Premises including, but not limited to, water, electricity, sewer gas and solid waste. In the event that a separate bill for the Original Premises or Relocated Premises is not available for one or more of the utility services required by the Original Premises or Relocated Premises, then the TENANT shall pay a pro -rated share of that particular utility based on the square footage of the Original Premises or Relocated Premises and/or the parties' estimated usage of that particular utility, calculation of which to be mutually agreed upon. B. The TENANT covenants and agrees with the LANDLORD that no damage or destruction to any building or improvement by fire, windstorm, or any other casualty shall be deemed to entitle the TENANT to surrender possession of the Original Premises or Relocated Premises or to terminate this Lease or to violate any of its Page 12 of 22 provisions or to cause any abatement or rebate in the rent then due or thereafter becoming due under the terms hereof, unless otherwise specifically provided for herein. If the Lease is canceled for the TENANT's default at any time while there remains outstanding any obligation from any insurance company to pay for the damage or any part thereof, then the claim against the insurance company shall, upon the cancellation of the Lease, be deemed immediately to become absolute and unconditional property of the LANDLORD. In the event of destruction of the Premises by casualty or hazard, the LANDLORD will have the option of canceling the Lease. C. The TENANT covenants and agrees with the LANDLORD that nothing in this Lease shall ever be construed as empowering the TENANT to encumber or cause the TENANT to encumber the title or interest of the LANDLORD. D. The TENANT covenants and agrees with the LANDLORD that, at the termination of this Lease, the TENANT will peaceably and quietly deliver unto the LANDLORD, possession of the Original Premises and Relocated Premises and all improvements located thereon, as well as all fixtures thereto provided by LANDLORD. TENANT shall retain ownership and possession of all fixtures, equipment, and other tangible personal property located thereto provided by TENANT or its agents.. E. The TENANT agrees not to make any changes or alterations to the Original Premises without written approval of the LANDLORD. 12. LANDLORD'S RIGHT OF ENTRY. The LANDLORD or its agents shall have the right to enter upon the Original Premises and Relocated Premises at all reasonable times to examine the condition and use thereof, provided only that such right shall be exercised in such manner as not to interfere with the TENANT in the conduct of the TENANT's business on the Original Premises or Relocated Premises. 13. FIXTURES, EOUIPMENT AND SIGNS, AND OTHER TANGIBLE PERSONAL PROPERTY. All fixtures, equipment, signs, and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT but Page 13 of 22 provided by the LANDLORD will at all times be and remain the property of the LANDLORD. All fixtures, equipment signs and other tangible personal property used on the Original Premises and Relocated Premises by the TENANT and provided by the TENANT, or its agents, will at all times be and remain the property of the TENANT, or it agents. Provided that this Lease is in good standing, the TENANT will have the right to remove any equipment, fixtures signs or other tangible personal property provided by the TENANT, or any part thereof, from the Original Premises and Relocated Premises during the term of this Lease, at the expiration thereof, or within a reasonable time thereafter; provided, however, that the TENANT, in so doing, does not cause any irreparable damage to the Original Premises and Relocated Premises; and provided further, that the TENANT shall pay or reimburse the LANDLORD for the reasonable expense of repairing damage caused by such removal. 14. ACCEPTANCE IN AS -IS CONDITION. The TENANT accepts the Original Premises and Relocated Premises in an as -is condition and all improvements and additions shall be at the sole expense of the TENANT. 15. NO MECHANIC'S LIENS. It is hereby covenanted, stipulated and agreed by and between the parties hereto that there shall, during the demised term, be no mechanic's liens upon any buildings or improvements that may at any time be put upon the Original Premises or Relocated Premises, and that in case of any mechanic's liens the TENANT must pay off the same; and that if default in payment thereof shall continue for thirty (30) days after written notice, LANDLORD shall have the right and privilege, at its option, to pay off the same or any portion of the same, and the amount so paid, including expenses, shall at the option of the LANDLORD, be so much additional rent due from the TENANT at the next rent due after such payment, with interest thereon at the maximum rate allowed by law. Nothing herein shall be construed to admit that a mechanic's lien may be enforced against municipal property. 16. NUSCELLANEOUS PROVISIONS. It is mutually covenanted and agreed by and between the parties as follows: Page 14 of 22 A. That no waiver or a breach of any of the covenants in this Lease contained shall be construed to be a waiver of all succeeding breach of the same covenant. B. That time is of the essence in every particular and particularly where the obligation to pay money is involved. C. That all arrearages in the payment of rent or in the repayment to the LANDLORD of any sums which the LANDLORD may have paid in order to cure a default of the TENANT (as elsewhere herein provided for), shall bear interest from the date when due and payable at the highest rate permitted by law until paid. D. That no modification, release, discharge, or waiver of any provision hereof shall be of any force, effect, or value unless in writing and signed by the persons who are then LANDLORD and TENANT. E. That all covenants, promises, conditions, and obligations contained herein or implied by law, or covenants running with the land, shall attach to and be binding upon the heirs, executors, administrators, successors, legal representatives, and assigns of each of the parties to this Lease. F. That this instrument contains the entire agreement between the parties as of this date, and that the execution hereof has not been induced by either of the parties by representations, promises or understandings not expressed herein, and that there are not collateral agreements, stipulations, promises, or understandings whatsoever between the representative parties in any way touching the subject matter of this instrument which are not expressly contained in this instrument. G. That when either of the parties desire to give notice to the other or others in connection with and according to the terms of this Lease, such notice shall be deemed given when it shall have been deposited in the U.S. Registered or Certified mail with sufficient postage pre -paid thereon to carry it to its addressed destination. The notice shall be addressed as follows: If to Tenant: County Administrator Monroe County Historic Gato Building 1100 Simonton Street Key West, Florida 33040 Page 15 of 22 With a copy to: Monroe County Attorney's Office P.O. Box 1026 Key West, Florida 33041-1026 If to Landlord: City Manager P.O. Box 1409 Key West, Florida 33041 With a copy to: City Attorney P.O. Box 1409 Key West, Florida 33041 When the parties on either side (LANDLORD or TENANT) consist of more than one person, notice or default by one of the persons on that side shall constitute notice or default by all of the persons on that side. H. This Lease and the provisions thereof shall be governed by and construed and enforced in accordance with the laws of the State of Florida; venue for any action regarding this Lease shall be in Monroe County, Florida. IN WITNESS WHEREOF, the parties hereto have caused the foregoing Amended and Restated Lease Agreement to be executed on the day and year first above written. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA (City Sew. , .. THE CITY OF KEY WEST, FLORIDA BY: Z/ Crai Cat s, Mayor Page 17 of 22 Exhibit "A" Original Premises Page 18 of 22 EXHIBIT A From the intersection of the centerline of the south land of U.S. Highway No. 1 and the easterly abutment of the Cow Key Channel Bridge go North 71 Degrees 19 Minutes East a distance of 300 feet to a point of intersection with the approximate centerline of County Club Road; thence along said approximate centerline North 19 degrees 51 Minutes West a distance of 330 feet to Point #1; thence North 39 Degrees 18 Minutes West a distance of 300 feet to Point #2; thence North 30 Degrees 29 Minutes West a distance of 265 feet to Point #3; thence North 03 Degrees 13 Minutes West a distance of 152 feet of Point #4; thence North 20 Degrees 08 Minutes East a distance of 600 feet to Point #5; thence South 69 Degrees 52 Minutes East, 28.8 feet to the Point of Beginning of the parcel of land herein described; thence continue South 69 Degrees 52 Minutes East, along a cyclone fence, 145.7 feet to a point; thence South 30 Degrees 08 Minutes West, along a cyclone fence, 19.1 feet to a point; thence North 83 Degrees 08 Minutes West, along a cyclone fence, 36.7 feet, to a point; thence South 20 Degrees 08 Minutes West, along a cyclone fence, 120.1 feet to a point; thence North 69 Degrees 52 Minutes West, along a cyclone fence, 119.4 feet to a point; thence Northeasterly, along a cyclone fence, 149.2 feet back to the Point of Beginning, that excepting from any land described herein, the building or trailer currently occupied by Billie Cheek, which property shall not be included in this lease agreement. Exhibit B Relocated Premises Page 19 of 22 LEGAL DESCRIPTION PARCEL F A parcel of land on and adjacent to Stock Island, Monroe County, Florida: said parcel being a part of the lands described in TIIF Deed No. 19699 (Deed Book G-52 at Page 32 of the Public Records of the said County, TIIF Deed No. 23257 (Official Record Book 2G9 at Page 5 I *6 of the said Public Records) and TIIF Deed No. 240G7 (Official Record Book 355 at Page 32 of the said Public Records; the said parcel of land lying entirely within the composite of the said TIIF Deeds referred to above: the said parcel lying within Sections 2G and 27, Township 67 South, Range 25 East; and the said parcel of land being described by metes and bounds as follows: COMMENCE at the intersection of the easterly right-of-way line of Junior College Road with the northerly right-of-way line of U.S. Highway # I (State Road #5); thence N 18°4 I' 18" W for 3G.16 feet to a point of curvature of a curve concave to the Southwest; thence northwesterly on the arc of said curve having a radius of 2G5.00 feet and a central angle of 35°OG'00" for 162.34 feet to a point of tangency; thence N53°47' 18" W for 272.5G feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on the arc of said curve having a radius of 361 .02 feet and a central angle of 14° 25' 40" for 90.91 feet to a point of tangency; thence N39°21'38" W for 273.51 feet to the point of curvature of a curve concave to the Northeast; thence northwesterly on and northeasterly on the arc of said curve having a radius of 44G.85 feet and a central angle of G2°35'30" for 488.15 feet to a point of tangency; thence N23° 1352" E for 1 122.43 feet; thence N45°30'07" E for 276.04 feet to a point of curvature of a curve concave to the Northwest; thence northeasterly on the arc of said curve having a radius of 3686.55 feet and a central angle of 3°43'31 " for a distance of 239.69 feet; thence N4 I °4G'3G" E for a distance of 435.66 feet; thence N48° 13'24" W for a distance of 15.00 feet; thence N41 °4G'3G" E for a distance of 253.63 feet to the POINT OF BEGINNING; thence N48° 13'24" W for a distance of 20G.71 feet; thence N36°55'00" E for a distance of 251.34 feet; thence 527°37'00" E for a distance of 243.58 feet; thence 541 °46'3G" W for a distance of 164.71 feet back to the POINT OF BEGINNING. Described tract contains 1.02 acres MORE OR LESS. Exhibit C Solid Waste Closure Permit Page 20 of 22 if N III ME id i 1 161161 South District P.O. Box 2549 Fort Myers, FL 33902-2549 April 18, 2011 City of Key West c/o Jay Gewin, Utilities Manager E-mailed to: jgewin®ke, wY estcity.com 525 Angela Street Key West, Florida 33040 Subject: Site Assessment Plan Approval FDEP Facility ID: WACS 79636 Former Southernmost Waste -to -Energy Facility 5701 College Road Key West, Florida, Monroe County Dear Mr. Gewin: APPENDIX 10 FDEP Concurrence Letter Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document (1RAR), submitted for the former Southernmost Waste -to - Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WAGS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South East side's as indicated on the attached drawing (Attachment n and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this IRAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste -to -Energy (SWTE) Facility site located at City of Key West FDEP Facility ID: WACS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600, F.A.C., The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however; should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62-780.690 and 62-780.700, F.A.C., a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 344-5648. Whenever possible, please submit written documentation to james.harcourt®dep.state.fl.us and include the WACS ID number in your correspondence. Sincerely, 11A'11� /11�-- James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R. J. Bruner III, P.E. CH2M Hill (via e-mail to bo.brunergch2m.com) Bill Krumbholz (via e-mail to bill.krumbholz@dep.state.fl.us) Barbara Nevins (via e-mail to barbara.nevins®dep.state.fl.us) Hai 8 3:11 X.-4, r Ground Water Permit Page 21 of 22 Florida Department of Environmental• • South District P.O. Box 2549 Fort Myers, FL 33902-2549 April 18, 2011 City of Key West c/o jay Gewin, Utilities Manager E-mailed to: igewin@keywestdtv.com 525 Angela Street Key West, Florida 33040 Subject: Site Assessment Plan Avvroval FDEP Facility ID: WACS 79636 Former Southernmost Waste -to -Energy Facility 5701 College Road Key West, Florida, Monroe County Dear Mr. Gewin: : -PcE �D is I FDI="P C rr Rick Scott Governor Jennifer Carroll Lt. Governor Herschel T. Vinyard Jr. Secretary The Waste Management Section has reviewed the Interim Remedial Action Report document PAR), submitted for the former Southernmost Waste -to - Energy Facility on behalf of the City of Key West, and prepared by CH2M Hill, dated April 1, 2011; along with supplemental information stored in the Florida Department of Environmental Protection (the Department) OCULUS system for the Facility ID: WAGS 79636. The Department recommends that 2 (two) additional monitoring wells be added to the groundwater monitoring plan and placed outside the footprint of the ash transfer building on the the North West and South East side's as indicated on the attached drawing (Attachment 1) and that Thallium and Arochlor (PCB) be added to the list of monitoring parameters. With the inclusion of the above recommended additional monitoring wells and parameters, the Department finds that the documents submitted are adequate to meet the site assessment requirements of Rule 62-780.600 Florida Administrative Code (F.A.C.). The Department has determined that the actions proposed in this IRAR represent a reasonable strategy toward accomplishing the site assessment objectives of Chapter 62-780, F.A.C. and are compatible with the City's intended future use, which include plans to relocate their existing downtown Key West Department of Transportation bus maintenance building and facilities (Transit Facility) to the Southernmost Waste -to -Energy (SWTE) Facility site located at City of Key West FDEP Facility ID: WAGS 79636 April 18, 2011 Page 2 of 2 Stock Island. Pursuant to paragraph 62-780.600, F.A.C., The Department approves the IRAR subject to the addition of the recommended groundwater monitoring wells and additional parameters. Groundwater monitoring at this site shall continue for an indefinite period of time, however; should the City of Key West desire to achieve final closure for the site at some future date and pursue a No Further Action (NFA) in accordance with Chapters 62-780.690 and 62-780.700, F.A.C., a subsequent phase of remedial design will be necessary. If you have any question, please feel free to call me at (239) 344-5648. Whenever possible, please submit written documentation to iames.h court@d p.stat .fl.us and include the WACS ID number in your correspondence. Sincerely, James Harcourt, P.G. II Florida Department of Environmental Protection South District, Waste Management Attachment cc: R. J. Bruner III, P.E. CH2M Hill (via e-mail to bo.bruner®ch2 .co _) Bill Krumbholz (via e-mail to bill.krumbholz®d .state.fl.W) Barbara Nevins (via e-mail to barbara.nevins@de .state.fl.us 1 d,er s F I d. a' . Envi romr, i ta' Resource P&nit SOUTH FLORIDA WATER MANAGEMENT DISTRICT ENVIRONMENTAL RESOURCE STANDARD GENERAL PERMIT NO.44-00076-S DATE ISSUED:August 23, 2010 Form #0941 OW95 PERMITTEE: CITY OF KEY WEST 604 SIMONTON STREET KEY WEST, FL 33040 PROJECT DESCRIPTION: Modification of Permit No. 44-00076-S for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as the City of Key West Public Transportation Facility. PROJECT LOCATION: PERMIT DURATION: MONROE COUNTY, SEC 27 TWP 67S RGE 25E See Special Condition No:1. See attached Rule 40E4.321, Florida Administrative Code. This is Io notify you of the Dlslricrs agency action concerning Notice of Intent for Permit Appiiceuon No. 090617-6, dated June 17. 2009. This action is taken pursuant to Rule 40E-1.603 and Chepter 40E-40 , Florida Administrative Code (FA.C.). Based on the information provided. District rules have been adhered to and an Environmental Resource General Permit is In effect for this project subject to. 1. Not receiving a Bled request for a Chapter 120, Florida Statutes. administrative hearing. 2. the attached 19 General Conditions (See Pages: 2 - 4 of 6). 3. the attached 14 Special Conditions (See Pages: 5 - 6 of 6) and 4. the attached 2 Exhibit(s) Should you object to these conditions, please refer to the attached "Notice of Rights" which addresses the procedures to be followed if you desire a public hearing or other review of the proposed agency action. Please contact this office if you have any questions concerning this matter. If we do not hear from you in accordance with the "Notice of Rights," we will assume that you concur with the District's action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a "Notice of Rights" has been mailed to the Perrnittee (and the persons listed in the attached distribution list) no later than 5:00 p.m. on this 23rd day of August, 2010, In accordance with Section 120.60 ), Florida S tut BY: Anita R. Betn Director - Environmental Resource Permitting Division Palm Beach Service Center Certified mail number 7009 2250 0003 1260 9165 Page 1 of 6 Application No.: 090617-6 Page 2 of 6 GENERAL CONDITIONS 1. All activities authorized by this permit shall be implemented as set forth in the plans, specifications and performance criteria as approved by this permit. Any deviation from the permitted activity and the conditions for undertaking that activity shall constitute a violation of this permit and Part IV, Chapter 373. F.S. 2. This permit or a copy thereof, complete with all conditions, attachments, exhibits, and modifications shall ` be kept at the work site of the permitted activity. The complete permit shall be available for review at the work site upon request by District staff. The permittee shall require the contractor to review the complete permit prior to commencement of the activity authorized by this permit 3. Activities approved by this permit shall be conducted In a manner which does not cause violations of State water quality standards. The permittee shall implement best management practices for erosion and ` pollution control to prevent violation of State water quality standards. Temporary erosion control shall be implemented prior to and during construction, and permanent control measures shall be completed within 7 days of any construction activity. Turbidity barriers shall be Installed and maintained at all locations where the possibility of transferring suspended solids into the receiving waterbody exists due to the permitted work. Turbidity barriers shall remain in place at all locations until construction is completed and soils are stabilized and vegetation has been established. All practices shall be in accordance with the guidelines and specifications described in Chapter 6 of the Florida Land Development Manual; A Guide to Sound Land and Water Management (Department of Environmental Regulation, 1988), incorporated by _ reference in Rule 40E-4.091, F.A.C. unless a project -specific erosion and sediment control plan is approved as part of the permit. Thereafter the permittee shall be responsible for the removal of the barriers. The permittee shall correct any erosion or shoaling that causes adverse impacts to the water resources. 4. The permittee shall notify the District of the anticipated construction start date within 30 days of the date that this permit is issued. At least 48 hours prior to commencement of activity authorized by this permit, the permittee shall submit to the District an Environmental Resource Permit Construction Commencement Notice Form Number 0960 indicating the actual start date and the expected construction completion date. 5. When the duration of construction vAil exceed one year, the permittee shall submit construction status reports to the District on an annual basis utilizing an annual status report form. Status report forms shall be submitted the following June of each year. 6. Within 30 days after completion of construction of the permitted activity, the perrnitee shall submit a written statement of completion and certification by a professional engineer or other Individual authorized by law, utilizing the supplied Environmental Resource/Surface Water Management Permit Construction Compietion/Certtfication Forth Number 0881A, or Environmental Resource/Surface Water Management Permit Construction Completion Certification - For Projects Permitted prior to October 3, 1995 Form No. 0881B, incorporated by reference In Rule 40E-1.659, FA.C. The statement of completion and certification shall be based on onsite observation of construction or review of as -built drawings for the purpose of determining if the work was completed in compliance with permitted plans and specifications. This submittal shall serve to notify the District that the system is ready for inspection. Additionally, if deviation from the approved drawings are discovered during the certification process, the certification must be accompanied by a copy of the approved permit drawings with deviations noted. Both the original and revised specifications must be clearly shown. The plans must be dearly labeled as "as -built" or "record" drawings. All surveyed dimensions and elevations shall be certified by a registered surveyor. 7. The operation phase of this permit shall not become effective: until the permittee has complied with the requirements of condition (6) above, and submitted a request for conversion of Environmental Resource Permit from Construction Phase to Operation Phase, Form No. 0920; the District determines the system to be in compliance with the permitted plans and specifications; and the entity approved by the District in accordance with Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit Application No.: 0ON17-6 Page 3 of 6 GENERAL CONDITIONS Applications within the South Florida Water Management District, accepts responsibility for operation and maintenance of the system. The permit shall not be transferred to such approved operation and maintenance entity until the operation phase of the permit becomes effective. Following inspection and approval of the permitted system by the District, the permittee shall initiate transfer of the permit to the approved responsible operating entity If different from the permittee. Until the permit is transferred pursuant to Section 40E-1.6107, F.A.C., the permittee shall be liable for compliance with the terms of the permit. 8. Each phase or independent portion of the permitted system must be completed in accordance with the permitted plans and permit conditions prior to the initiation of the permitted use of site infrastructure located within the area served by that portion or phase of the system. Each phase or independent portion E of the system must be completed in accordance with the permitted plans and permit conditions prior to transfer of responsibility for operation and maintenance of the phase or portion of the system to a local government or other responsible entity. " 9. For those systems that will be operated or maintained by an entity that will require an easement or deed restriction in order to enable that entity to operate or maintain the system in conformance with this permit, such easement or deed restriction must be recorded in the public records and submitted to the District along with any other final operation and maintenance documents required by Sections 9.0 and 10.0 of the Basis of Review for Environmental Resource Permit applications within the South Florida Water Management District, prior to lot or units sales or prior to the completion of the system, whichever comes r" first. Other documents concerning the establishment and authority of the operating entity must be filed with the Secretary of State, county or municipal entities. Final operation and maintenance documents must -! be received by the District when maintenance and operation of the system is accepted by the local government entity. Failure to submit the appropriate final documents will result in the permittee remaining liable for carrying out maintenance and operation of the permitted system and any other permit conditions. 10. Should any other regulatory agency require changes to the permitted system, the permittee shall notify the District in writing of the changes prior to implementation so that a determination can be made whether a permit modification is required. 11. This permit does not eliminate the necessity to obtain any required federal, state, local and special district authorizations prior to the start of any activity approved by this permit. This permit does not convey to the permittee or create in the permittee any property right, or any interest in real property, nor does it authorize any entrance upon or activities on property which is not owned or controlled by the permittee, or convey any rights or privileges other than those specified in the permit and Chapter 40E-4 or Chapter 40E-40, F.A.C.. 12. The permittee is hereby advised that Section 253.77, F.S. states that a person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the State, the title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund without obtaining the required lease, license, easement, or other form of consent authorizing the proposed use. Therefore, the permittee is responsible for obtaining any necessary authorizations from the Board of Trustees prior to commencing activity on sovereignty lands or other state-owned lands. 13. The permittee must obtain a Water Use permit prior to construction dewatering, unless the work qualifies for a general permit pursuant to Subsection 40E-20.302(3), F.A.C., also known as the "No Notice' Rule. 14. The permittee shall hold and save the District harmless from any and all damages, claims, or liabilities which may arise by reason of the construction, alteration, operation, maintenance, removal, abandonment or use of any system authorized by the permit 15. Any delineation of the extent of a wetland or other surface water submitted as part of the permit Application No.: 090617-6 Page 4 of 6 GENERAL CONDITIONS application, including plans or other supporting documentation, shall not be considered binding, unless a specific condition of this permit or a formal determination under Section 373.421(2), F.S., provides otherwise. 16. The permittee shall notify the District in writing within 30 days of any sale, conveyance, or other transfer of ownership or control of a permitted system or the real property on which the permitted system Is located. All transfers of ownership or transfers of a permit are subject to the requirements of Rules 40E-1.6105 and 40E-1.6107, F.A.C.. The permlttee transferring the permit shall remain liable for corrective actions that may be required as a result of any violations prior to the sale, conveyance or other transfer of the system. 17. Upon reasonable notice to the permittee, District authorized staff with proper identification shall have " permission to enter, inspect, sample and test the system to insure conformity with the plans and specifications approved by the permit. 18. If historical or archaeological artifacts are discovered at any time on the project site, the permittee shall immediately notify the appropriate District service center. 19. The permittee shall immediately notify the District in writing of any previously submitted Information that is later discovered to be inaccurate. Application No.: 090617-6 Page 5 of e SPECIAL CONDITIONS 1. The construction phase of this permit shall expire on August 23. 2015. 2. Operation of the surface water management system shall be the responsibility of the permittee. 3. Discharge Facilities: 1 2' W X 2' L drop Inlet with crest at elev. 5.65' NGVD 29. 1 2' dia. drop inlet with crest at elev. 3' NGVD 29. Receiving body: Groundwater Table Control elev: 2.5 feet NGVD 29.12.5 FEET NGVD 29 DRY SEASON. 4. The permittee shall be responsible for the correction of any erosion, shoaling or water quality problems that result from the construction or operation of the surface water management system. B. Measures shall be taken during construction to insure that sedimentation and/or turbidity violations do not occur in the receiving water. 6. The District reserves the right to require that additional water quality treatment methods be incorporated ` Into the drainage system if such measures are shown to be necessary. 7. Facilities other than those stated herein shall not be constructed without an approved modification of this permit. B. A stable, permanent and accessible elevation reference shall be established on or within one hundred (100) feet of all permitted discharge structures no later than the submission of the certification report. The location of the elevation reference must be noted on or with the certification report. 9. The permittee shall provide routine maintenance of all of the components of the surface water management system in order to remove all trapped sediments/debris. All materials shall be properly disposed of as required by law. Failure to properly maintain the system may result in adverse flooding conditions. 10. If prehistoric or historic artifacts, such as pottery or ceramics, stone tools or metal implements, dugout canoes, or any other physical remains that could be associated with Native American cultures, or early colonial or American settlement are encountered at any time within the project site area, the permitted project should cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The permittee, or other designee, should contact the Florida Department of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333 or (800) 847-7278, as well as the appropriate permitting agency office. Project activities should not resume without verbal and/or written authorization from the Division of Historical Resources. In the event that unmarked human remains are encountered during permitted activities, all work shall stop Immediately and the proper authorities notified In accordance with Section 872.05, Florida Statutes. 11. The permittee acknowledges that, pursuant to Rule 40E-4.101(2), F.A.C., a notice of Environmental Resource or Surface Water Management Permit may be recorded in the county public records. Pursuant to the specific language of the rule, this notice shall not be considered an encumbrance upon the property. 12. Minimum building floor elevation: 12.0 Feet NGVD 13. Silt fence shall be utilized during constructionand shall be installed and properly "trenched" etc, in accordance with Exhibit 2. All areas shall be stabilized and vegetated immediately after construction to prevent erosion into the wetlands and other surface waters. 14. The permittee shall install a chain link fence around the entire perimeter of the project site, which will :J- r. t.• Appficetion No.: 090617-6 Page 6 of 6 SPECIAL CONDITIONS eliminate or minimize secondary adverse impacts to the mangrove wetlands located along the southwest side of the project site, as shown in Exhibit 2. The fence shall be maintained in perpetuity. �i :•i :3 • :3 SURFACE WATER MANAGEMENT CHAPTER 40E-4 (4/94) 40E-4.321 Duration of Permits (1) Unless revoked or otherwise modified pursuant to Rules 40E-4.331 and 40E4.441, s = FA.C., the duration of a surface water management permit issued under this chapter is as follows: i . (a) Two years from the date of issuance for Conceptual Approval, unless within that period UJ an application for a construction and operation permit is filed for any portion of the project. If an application for a construction and operation permit is filed, then the Conceptual Approval remains valid until final action Is taken on the application. If the application is granted, then the Conceptual Approval -is valid for an additional two years from the date of issuance of the construction and operation permit. Conceptual Approvals which have no applications for construction and operation filed for a period of two years will expire automatically. (b) Five years from the date of issuance for a constriction permit. (c) Perpetual •for an operation permit. (2) The Goveming Board shall issue permit extensions provided that a permittee files a written request with the District showing good cause. For the purpose of this rule, good cause shall mean a set of extenuating circumstances outside of the control of the permittee. Requests for extensions, <} which shall include documentation of the extenuating circumstances and ho* they have delayed this project, will not be accepted more than 180 days prior to the expiration date. t-, (3) For a Conceptual Approval filed concurrently with a development of regional Impact (DRI) i application for development approval (ADA) and a local government comprehensive amendment, the Ci duration of the Conceptual Approval shall be two years from whichever one of the following occurs at the latest date: (a) the effective date of the local government's comprehensive plan amendment, (b) -the effective date of the local government development order, or (c) the date on which the distr)Ot issues the Conceptual Approval, or (d) the latest date of the resolution of any Chapter 120 or other legal appeals. (4) Substantial modifications to Conceptual Approvals will extend the duration of 'the .Conceptual Approval for two years from the date of Issuance of the modification: For the purposed of this section, the term "substantial modification" shall mean a moi ification which Is rgasdnabiy expected to lead to substantially different water resource or environmental impacts which require a detailed review. • (S) Modifications to construction pertnits Issued pursuant to a formal permit application extend the duration of the permit for three years from the date of issuance of the modification: Construction permit modifications do not extend the duration of a Conceptual Approval. (6) Permit modifications issued pursuant to subsection 40E-4.331(2)(b), F.A.C. palter modifications) do not extend the duration of a permit. Specific suOwrAy 373.044, 373.113 F.S. law Implamented 373.413, 373.416(1) F.S. History —New 9.3-81, Amended 1.31-82,12-1- 82, Formerly 16K-4.07(4), Amended 7.1.86, 4120194. NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are ' determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. RIGHT TO REQUEST ADMINISTRATIVE HEARING A person whose substantial interests are or may be affected by the South Florida Water Management ` District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of the notice of consolidated intent to grant or deny concurrently reviewed applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat. 'Receipt of written notice of agency decision' means receipt of either written notice -�' through mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. Any person who receives written notice of a SFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision. Filing Instructions The Petition must be filed with the Office of the District Clerk of the SFWMD. Filings with the District Cleric may be made by mail, hand -delivery or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Any document received by the office of the SFWMD Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows: Filings by mail must be addressed to the Office of the SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. Filings by hand -delivery must be delivered to the Office of the SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing. To ensure proper Filing, it will be necessary to request the SFWMD's security officer to contact the Clerk's office. An employee of the SFWMD's Clerk's office will receive and file the petition. Filings by facsimile must be transmitted to the SFWMD Cleric's Office at (561) 682-6010. Pursuant to Subsections 28-106.104(7), (8) and (9), Fla. Admin. Code, a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be property filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document. Rev. 07/01/2009 I Initiation of an Administrative Hearing Pursuant to Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. =k All petitions shall contain: r.: 1. Identification of the action being contested, including the permit number, application number, District file number or any other SFWMD identification number, if known. 2. The name, address and telephone number of the petitioner and petitioner's representative, if any. 3. An explanation of how the petitioner's substantial interests will be affected by the agency determination. �l 4. A statement of when and how the petitioner received notice of the SFWMD's decision. 5. A statement of all disputed issues of material fact. If there are none, the petition must so indicate. 6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the SFWMD's proposed action. = 7. A statement of the speck rules or statutes the petitioner contends require reversal or modification of the SFWMD's proposed action. 8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes. r; 9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SFWMD to take with respect to the SFWMD's proposed action. A person may file a request for an extension of time for filing a petition. The SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the SFWMD and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If the District takes action with substantially different impacts on water resources from the notice of intended agency decision, the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28-106.111, Fla. Admin. Code, unless otherwise provided by law. Mediation The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time. RIGHT TO SEEK JUDICIAL REVIEW Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a seoond copy of the notice with the SFWMD Cleric within 30 days of rendering of the final SFWMD action. Rev. 071012009 2 t9fp stafk_report.rdf ,; .J �1. Last Date For Agency Action: October 4, 2010 GENERAL ENVIRONMENTAL RESOURCE PERMIT STAFF REPORT Project Name: City Of Key West Public Transportation Facility Permit No.: 44.00076-S Application No.: 090617-6 Application Type: Environmental Resource (General Permit Modification) Location: Monroe County, S27/T67S/R25E Permittee : City Of Key West Operating Entity: City Of Key West Project Area: 3.86 acres Project Land Use: Government Drainage Basin: GULF OF MEXICO Receiving Body: Groundwater Table Special Drainage District: NA Conservation Easement To District: No Sovereign Submerged Lands: No Class: WA Milo . This application is a request for modification of Permit No. 44-00076-S for the construction and operation of a surface water management system to serve a 3.86 acre municipal development known as City of Key West Public Transportation Facility. App.no - 090617-6 Page 1 of 6 ,vrp staff_report.rdf :u I I PROJECT EVALUATION: t. RIM, The site is located on the north side of East Junior College Road and on the south side of the Stock Island landfill, on Stock Island in the City of Key West, Monroe County, as shown on Exhibit 1. The 3.86 acre project site currently contains a City of Key West resource recovery plant and ash transfer station, for which the surface water management system was previously permitted by the District under Permit No. 4400076-S, Application No. 921027-8. The 3.86 acre project site is part of a larger overall parcel which is owned by the City of Key West, which contains a portion of the dosed out Stock Island landfill, City of Key West Utilities, the Key West Golf Club, salt marsh and mangrove wetlands, and submerged lands. No wetlands or other surface waters are located within the 3.86 acre project site, and no adjacent wetlands or other surface waters located outside of the project site will be adversely affected by the proposed project. The project includes constructing a surface water management system that will serve a new public transportation facility for the City of Key West Department of Transportation, as shown on Exhibit 2. The facility will Include a 2-story administrative office building, parking, service bays for buses, and a bus washing station. The proposed surface water management system will consist of site grading and stormwater Inlets that will direct all runoff to a series of interconnected dry retention areas for water quality treatment. After treatment, the runoff will be directed to a drainage well for final disposal. No wetlands or other surface waters located adjacent to the project site on the southwest side of the site will be adversely affected by the proposed project. Specifically, the permittee will install and maintain a chain link fence around the entire perimeter of the project site, which will eliminate or minimize secondary adverse impacts to the mangrove wetlands located along the southwest side of the project site, as shown in Exhibit 2 and in accordance with the special conditions of this permit. Construction: Project: This Phase Total Project Dry Retention Areas .45 .45 acres Impervious 2.32 2.32 acres Pervious 1.09 1.09 acres Total: 3.86 3.86 Discharge Rate: App.no.: 090617.6 Page 2 of 6 eip staff report.rdf :L The surface water management system has been designed to retain the volume of runoff from the 25 year/3 day storm event onsite. Final disposal of the runoff is to a drainage well. :u Control Elevation i;, Basin Area Ctrl Elev WSWT Ctri Elev Method Of (Acres) (it, NGVD 29) (ft, NGVD 29) Determination -' KW Transport Fac. 3.86 2.5/2.5 2.50 Previously Permitted t-= Receiving Body: Basin Str.# Receiving Body Kw Transport Fac. Well Box (G Groundwater Table Mafor Structures: Note: The units for all the elevation values of structures are (ft, NGVD 29) Inlets: Basin Str# Count Type Width (Length Dia. Crest Elev. KW Transport Fac. Well Box 1 Drainage Well 2' 3 (GW-1) KW Transport Fac. Well Box 1 Drop Inlet 2' 2' 5.65 (GW-1) ti , ..- - ��1 •w.�T,FY3"'rr No adverse water quality impacts are anticipated as a result of the proposed project. The surface water management system has been designed to treat a volume of runoff equal to 2.5 inches times the percent Impervious area. The treatment is provided within interconnected dry retention areas. To ensure that proposed construction activities do not degrade adjacent wetlands and surface waters, the permittee will install and maintain temporary silt fences around the limits of construction in accordance with Exhibit 2 and as stipulated in the special conditions of this permit. The temporary erosion control barriers will be installed prior to and will be removed upon completion of construction activities. Basin Treatment Method Vol Req.d Vol (ac-ft) Prov'd KW Transport Fac. Treatment Dry Retention .45 acres .24 .24 The 3.86 acre project site does not contain preferred habitat for wetland -dependent endangered or threatened wildlife species or species of special concern. No wetland -dependent endangered/threatened species or species of special concern were observed on -site and submitted Information indicates that potential use of the site by such species Is minimal. This permit does not relieve the perrnittee from complying with all applicable rules and any other agencies' requirements If, in the future, endangered/threatened species or species of special concern are App.no.: 090617-6 Page 3 of 6 #fp staff report.rdf discovered on the project site. It is suggested that the permittee retain the services of a Professional Engineer registered in the State of + Florida for periodic observation of construction of the surface water management (SWM) system. This will facilitate the completion of construction completion certification Form #0881 which is required pursuant to Section 10 of the Basis of Review for Environmental Resource Permit Applications within the South Florida E= Water Management District, and Rule 40E-4.361(2), Florida Administrative Code (F.A.C.). Pursuant to Chapter 40E4 F.A.C., this permit may not be converted from the construction phase to the operation phase until certification of the SWM system is submitted to and accepted by this District. Rule 40E-4.321(7) F.A.C. states that failure to complete construction of the SWM system and obtain operation phase approval from the District within the permit duration shall p pp p require a new permit authorization unless a permit extension is granted. For SWM systems permitted with an operating entity who is different from the permittee, it should be noted that until the permit is transferred to the operating entity pursuant to Rule 40E-1.6107, F.A.C., the permittee is liable for compriance with the terms of this permit. The permittee is advised that the efficiency of a SWM system will normally decrease over time unless the system is periodically maintained. A significant reduction in flow capacity can usually be attributed to partial blockages of the conveyance system. Once flow capacity is compromised, flooding of the project may result. Maintenance of the SWM system Is required to protect the public health, safety and the natural resources of the state. Therefore, the permittee must have periodic inspections of the SWM system performed to ensure performance for flood protection and water quality purposes. If deficiencies are found, it is the responsibility of the permittee to correct these deficiencies in a timely manner. yJV The proposed work is not located within and is not anticipated to adversely affect sovereign submerged lands. App.no.: 090617-6 Page 4 of 6 erp sWf report.rdr ti :C .j .J .K RELATED CONCERNS: Water Use Permit Status: p The permittee has Indicated that dewatering is not required for construction of this project. The permittee has also indicated that landscape Irrigation activities are not proposed as part of the project. 0" This permit does not release the permiltee from obtaining all necessary Water Use authortzation(s) prior �.J to the commencement of activities which will require such authorization, including construction dewatering and irrigation, unless the work qualifies for a No -Notice Short -Term Dewatering permit pursuant to Chapter 40E-20.302(3) or is exempt pursuant to Section 40E-2.051, FAC. CERP: The proposed project Is not located within or adjacent to a Comprehensive Everglades Restoration Project component. Potable Water Supplier: e.t Florida Keys Aqueduct Authority Waste Water SystemlSuppller. 0 �y Key West Resort Utilities Right -IX Way Permit Status: A District Right -of -Way Permit is not required for this project. DRI Status: This project is not a DRI. Historical/Archeological Resources: The District has received correspondence from the Florida Department of State, Division of Historical Resources indloating that the agency has no objections to the Issuance of this permit. This permit does not release the permlttee from compliance with any other agencies' requirements In the event that historical and/or archaeological resources are found on the site. DCAICZM Consistency Review: The Issuance of this permit constitutes a finding of consistency with the Florida Coastal Management Program. Third Party Interest: No third party has contacted the District with concerns about this application. Enforcement: There has been no enforcement activity associated with this application. STAFF REVIEW App.no.: 0ON17-6 Page 5 of 6 W. staff report.rdf :J J DIVISION APPROVAL: %TURAL RESOURCE ENT: e I.' Barbara J. Conmy SURFAC ATER MANAGEMENT: �9 Carlos A. de Rojas, P.E. :J App.no.: 090617.6 Page 6 016 DATE: 8(0t` ( O DATE: S /1 41 /0 - •r GOVCRNLI[NT RD v ' - PROJECT SITE Gulf of Mexico PROJECT SITE ,4P `CSS F r q r .3 aJ UT 3+ Stock Island Atlantic Ocean FDOT. Rol 042009 MONROE COUNTY, FLORIDA AN Legend " M Application Map Date: 8/9/2010 Application Number: 090617-6 Permit Number: 44-00076-S Project Name: CITY OF KEY WEST PUBLIC TRANSPORTATION FACILITY ° 4'900 FLvt Exhibit: 1, Page 1 of 1 Fee! Exhibit E Survey Page 22 of 22 �YsagRF44�yyW"�2S�AFaT ,>, g%p �11L2f illutI � 5 As, CA�S`�4. ash b�� mi s BA8 A !JR1.1QZ 2qS� ��i�g$€grif -Jpg a•6`N�R `�$7��N i —0 D /U ~� nA rn 9 gQ m D � r /1 v Na N N ::fS�c-�aaoa a 3 S� F;3'Fe y CC s ,ai aa�g3,3E;#� •�, �� g 0e0E.A in oa t o s ®®®A 1g45A REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY This License Agreement is made this day of 20—, by and between the City of Key West, Florida, a municipal corporation, whose mailing address is P.O. Box 1409, Key West, Florida, 33041 (hereinafter "Licensor") and Monroe County, a political subdivision of the State of Florida whose mailing address 1100 Simonton Street, Key West, Florida, 33040 (hereinafter "Licensee"). WITNESSETH: WHEREAS, Licensee has requested the limited use of the parcel of land adjoining the re- located premises of the animal control facility for the purposes of exercising animals pursuant to the normal conduct of business; and WHEREAS, Licensor owns the property, hereinafter referred to as the Licensed Parcel; and WHEREAS, pursuant to section 2-939 of the Key West Code of Ordinances, Licensor may grant Licensee and its agents, a revocable license to use Licensor's property. NOW, THEREFORE, the parties agree as follows: 1. For the period beginning with the occupancy of the Re -located Premises in accordance with the Amended and Restated Lease Agreement between the City of Key West and Monroe County dated 2014, the Licensor hereby grants to the Licensee a revocable and non -assignable license to enter in, on, over, and across the land described on Exhibit "A", which is attached hereto and incorporated by reference (hereinafter the "Licensed Parcel"), for use by the Licensee, its agents, its contractor, its representatives, employees, and contractor's working volunteers for the purpose of exercising the animals in the conduct of its business, reserving, however, to the Licensor, its successors and assigns, all such right, title, interest and privilege as may 1 be used and enjoyed without interfering with or abridging the rights and right -of -entry hereby acquired. 2. Licensee shall not be permitted to make any improvements, construct any cages, or utilize the parcel for special events or any other purpose. Licensee shall not penetrate the soils or permit the same by the animals. Licensee shall take all measures necessary to strictly enforce NO SMOKING on this parcel and to abide by all existing and any future permits, restrictions and any other land use requirements. All animals must remain on leash and under the control of the Licensee at all times. 3. In consideration for the grant of license in paragraph 1 herein above, Licensee herein expressly agrees to be solely responsible for all costs of any nature whatsoever associated with utilization of the Licensed Parcel by the Licensee. 4. If any action of the Licensee's employees or agents in the exercise of this License results in damage to the property, the Licensee will immediately repair such damage in a manner acceptable to the Licensor. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. 5. This License is personal to Licensee and may not be assigned or transferred, but allow use by Licensee's employees, its agents, its contractors, representatives or contractor's working volunteers. Licensor shall have the right to terminate this License with or without cause upon ninety (90) days written notice to Licensee. 6. At Licensee's sole cost and expense, Licensee will secure, pay for, and file with the Licensor, during the entire Tenn hereof, an occurrence form commercial general liability policy, covering the Licensed Parcel and the operations of Licensee and any person conducting business in, on or about the Licensed Parcel in at least the minimum amounts with specification amounts, as may be determined from time to time by Licensor, to prevail if greater than minimum amount indicated. Notwithstanding any other provision of this N License Agreement, Licensee shall provide the minimum limits of liability coverage as follows Commercial General Liability $2,000,000 Aggregate $2,000,000 Products Aggregate $1,000,000 Any One Occurrence $1,000,000 Personal Injury $300,000 Fire Damage/Legal Licensee shall also procure the following insurance coverage: (i) "All risk" property insurance, including theft coverage, written at replacement cost value and a replacement cost endorsement insuring Licensee's improvements and betterments, fixtures, furnishings, equipment and any other property belonging to Licensee. (ii) Workers compensation coverage as required by the provisions of Florida Statutes. Any management agreement used by Licensee must provide that the Licensor does not have any liability whatsoever for any damage which may occur on the Licensed Parcel. The Licensee must provide the Licensor with a copy of any management agreement used by Licensee regarding the Licensed Parcel. Licensor shall not be responsible for damage to any property belonging to Licensee or Licensee's manager. Subject to 768.28, Florida Statutes, Licensee indemnifies the Licensor with regard to any claims made by any manager for any reason. From time to time during this License Agreement, at Licensor's request, Licensee shall (i) procure, pay for and keep in full force and effect such other insurance as Licensor shall require and (ii) increase the limits of such insurance as Licensor may reasonably require. Any general liability or other policy insuring the Licensor does not provide any contributing or excess coverage for Licensee. The policies Licensee procures for Licensee's exposure are the only coverage available to Licensee. Licensee shall furnish an original Certificate of Insurance indicating, and such policy providing coverage, to Licensor named as "Additional Insured" on a PRMARY and NON CONTREBUTORY basis utilizing an ISO standard endorsement at least as broad as CG 2010 (11/85) or its equivalent, INCLUDING A "Waiver of Subrogation" clause in favor of Licensor on all policies. Licensee will maintain the General Liability coverage summarized C above with coverage continuing in full force including the "additional insured" endorsement until at least 3 years beyond the termination of this License Agreement. Licensee's insurance policies shall be endorsed to give 30 days' written notice to Licensor in the event of cancellation or material change, using form CG 02 24, or its equivalent. All policies of insurance required to be carried by Licensee pursuant to this License Agreement shall be written by responsible insurance companies authorized to do business in Florida with an AM Best rating of A -VI or better. Any such insurance required to be carried by Licensee hereunder may be furnished by Licensee under any blanket policy carried by it or under a separate policy therefore. Certificates shall be delivered to Licensor prior to the commencement of the Tenn of this License Agreement and, upon renewals, but not less than sixty (60) days prior to the expiration of such coverage. In the event Licensee shall fail to procure such insurance, Licensor may, at its option, procure the same for the account of Licensee, and the cost thereof shall be paid to Licensor as an additional charge upon receipt by Licensee of bills therefore, together with an administrative fee equal to fifteen (15%) percent to cover the cost of the Licensee's efforts to procure such policy. Certificates of Insurance submitted to Licensor will not be accepted without copies of the endorsements being requested. This includes additional -insured endorsements, cancellation/material change notice endorsements, and waivers of subrogation. Copies of USL&H Act and Jones Act endorsements will also be required if necessary. 7. Subject to 768.28, Florida Statutes, Licensee does hereby agree to indemnify, defend, and save Licensor, its respective officers, directors, agents and employees harmless from and against any and all liability for any injury to or death of any person or persons or damage to property in any way arising out of or connected with the conditions, use of the Licensed Parcel, or in any way arising out of the activities of Licensee, its agents, employees, licensees or invitees on the Licensed Parcel, including reasonable attorney's fees and court costs incurred by Licensor in connection therewith, such legal expenses to include costs incurred in establishing the indemnification and other rights agreed to in this Paragraph, excepting, however, only liability caused by Licenser's gross negligence in its failure to perform any of Licensee's obligations or agreements of this License Agreement. Nothing herein is intended 4 to waive the sovereign immunity afforded to Licensor pursuant to Florida law, including section 768.28, Florida Statutes. The indemnification obligations under this section shall not be restricted in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Licensee under Workers' Compensation acts, disability benefits acts, or other employee benefits acts, and shall extend to and include any actions brought by or in the name of any employee of Licensee or of any third party to whom Licensee may subcontract work. This indemnification shall continue beyond the date of termination of the Agreement. 8. The property can be used for the intended use as stated herein, but Licensor does not warrant or represent that the property is safe or suitable for the purpose for which Licensee is permitted to use it, and Licensee assumes all risks in its use. 9. Licensee shall pay to Licensor an annual fee of Two Hundred and No/100 Dollars ($200.00). Payment shall be made to the Licensor's Finance Department on each anniversary date of this License. 10. This License Agreement shall be recorded in the official public records of the City of Key West, Monroe County, Florida at the expense of Licensee. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date above written. -4 W- 1=-- � � "i 11,11ii'll 1111, 19 k9j -011 EVU-1-0m By: Cheryl Smith, City Clerk Craig Cates, Mayor 61 Licensee: z1g.aluji • m ig W, Wa g 6#T'- a -- ATTEST: Amy Heavilin, Clerk By: U-N Deputy Clerk CHRISTINE: M. LIM RT-13 RR WS ASSISTANT COUNTY ATTORNEY Date I DWRIDr • • �, r LECAL DESCMIFTIOW PARCEL A A Fired or lead on and adiso-rat to Stack 1514nd• Mon roc County, Pforrdar said parcel berirg a part or taip toads d in Tits` Oscar No. 19G39 (Deed 5tstik 0.52 at Pegn 32 of them Public Records of 00 yard County, T11f Dead No, 23257 I Rnoord Book 2G9 at f'agd 5 f G 0 the raid Pub1+c Records) and Thr Deco No. 24007 (Olficial Record Book 355 at Page 32 of the &aid Public ITeccrdr the said pared of land lying cnbrefy within the composite of the sxd'n!F Qeeda referred to shave+ the nand parcal llm" within 9actronn 2G and 27, Town9hip G7 Memo, RsW 25 East,, And the said parcel of land toeing descnbrtl by mates and fwunde ae follawei COMMENCE at the irtereactrna of the ea-atufy riSWrif-way tmc of Junior Cortege Road with the northerly ratift"Lowly fine, of U.S. Halfway, pt (State fWod sty); Ihchce on said raaterly nght-a-wary hie of red Junior Coluery d for die falkavo g seven (7) coursew (1) Owes N 18'4114 By W for 3G. i G feet to a read of wFavoce of a circular curve concave to ; (2) thame northwastear on the are of said chow havarrg a r►dnua of 2G5.00 Fret and a central arms of 35.OG'GV for I G2.3A Feel fo the pant o1 [angriest, f3J thence N 53.47'1 E' W For 272.59 feet to the pant of curvature of A circular cwrvo taracave to the Nortrie-aat; (4) thence «orthwsaterfy on tale err of yard etmee having a richim of 3G 1,02 feat and a certtemi anyl5 of 14' 25' 40, tot 94,9 i feet to the Punt of thrurnry; (5) thence N 3W2138' W For 275.5 f Mcpt to thq poi of awrvature of a eiicuor curve aoranva to tine Northeast; (Qj them norMmmas ery on and ra'xtheamtErfy 4n this are of maid verve. young a radws, of 44CO5 feet and a conwid anqk or G2'35'30' W 488.15 feet to a Font of toraymon. (7) timeas N 23' 13°52' C far 1122.43 f - Adams N 451r em Bar 106,37 feat to the POSIT Cur BWANNING of the harrimmkor Jeseduct farycah, Memo N 27*37'Weat for a choldrect of 1372.29 May; North G2123' East far a ahalsoce of 1225.00 fact thence Sandh 27r37' East for a distance of 915.62 fed as the southeasterly of the Boom, claversted an Official Samoa Book GOOF at Page 1449 of the Public Records of Monaco a South 4114G'3G' W 3 ry, A of the hinds in the d Cracow,OfkW Back EGIF for a distance of 2G.G5 Fact to the NorthWasbarlycry lines of the lands deseariticid to Officer Book UNSO at rage, 19G4 oaf the awal Fublao Recomfin, darnice an the Northwesterly muccory line of Ran, leads J=Knbed in ft said Off I Record Book ORO on rho folksong fact (5) camsewi (1) associate South 41'40a distance of4 I&IRD l (2) thence South 48113124' East far a d of 15.00 feet; (3) Notes south 4114621191 Wdst for a Astance, of 435.GG feat to the bftpmag of a chive bang concave to the Northeast anal a radar of INDICES f t; (4) theme Soothwastedythe said serve Im in arc Jawartan of 239.G9 fee; (5) South 4S' 7' West W a 0obwA of I G747 led Rmk to the savid or berg oral, L955 rise lol (G) Pamela, PARSM 5 A paroef of land ❑n and Mjaatat to Stack bland, Monroe County, F'Wpda: maid paratl bring a part of the tanda described in 7 11 r Deed No. 19CO9 (De-d Book 0 - W at Peen 32 Of trio PUW Records of th- urd Ossr!Ly. THE peed No. 23257 (Olfimmi RC -Gard Book 29B at Page 5'• G of the said Public R,ccards) and DIF Geed No. 240G7 (ofhr.,ct Record Book 355 nt Page 32 of the said Fmtil C R ecelmda; the said panel of land lying edirdly within the composite. of the lord Tit iaeado referred to shove= tfse amid part-j lying wthin:Bm.:tiorm 2G and 27, TG7 South, 925 EaA,, and the. sold parcel of land ti,ehrig deucribed by motes and tmwnda ae WOWS, COMMENCE at Me mteryreLnn of the rasrrafy nahtrof-way r:ms of Junior Gov"e Rived +Hilt the northerly e*t- itwrsy fine of L1.9. Nigrnwy / 1 (hate Rnad Rvi: thence N I8'a 1' 18' W Par 3G. 16 fact to a povo of aw,%Nre of a murm concave to the Southwest, rlieme nvrthwes" on the Are of said curve hav" a rachoo of 265.00 fart Oro a central angle of 35VG40V for I GZ.S4 fee to a Front of tanamayn thence N53`4711V W Far 272.5G feet to tfrc Borst of orwusture GO? ctawa cnneame to W4 Nortttraat; theme n am of coal curve houtrag a tads of 3G 1.02 Feet ar/d a central angle of a 4' 25' 40' for 90.91 feat to A. poast of tarlgnnl:y; thence NS -1 `35' W for 273.5 a feet the Point of movaturs or a wiror noweed to the Northeast; theme nortramcoteHy on slid rrerthtraaterly on the aro vF mild curve having a radius of 444.65, feet and a coastal angle of G2'9530' for 488.15 fee to a Milt of Eangcmor, thanra N23' I3°S2' E for 1 122.43 fact; thence N45'3707" C for 27CO4 feet to a pant of curvature of a cum corcom to the. ; the ace riartfaeastwly on the arc of yard a wev flowng a rsdiun of 368G.55 text and p centmA stalls of 2r3210' for a distarms of I G3 .33 feet to the POINT Of DECANMW of the herairimUr described i"arcel 5-, tholes W4C'A9'4-1' W for a distance at 22Q.84 fed to a pard of curvature of a Curve coromm to the SoutheARA theme northeartorly on the art d maul curve ham nig i radius of 40,00 feet And a central vrlgte of 89"23701 for G2,41 feat to a point of tongeramn thence N42W 13' E for a dRtanra of ) 27,55 Peet; themes BA M 13'24' f fort a dolanCa of 254.G7 feet; thence 54 I'4 G' W f a costs .29 f to a pant or ` s of a cvrvn concave to the Northwest; there naithwasharfy mi tha ar4 of Said curve havmg a tadaus of 3G .55 feat one a Central of I'I I°01' lot a Astorow of 7G, i G toot back to the KX141 OF ffGINaWG. Contmimry 43.910 smi, ft. 11,01 acres. PARCEL C A riumid or land on and Ampurent to 511MA Wood, Monvare County, Frontier said wheat being a part or the lands dwambear in TIIP Deed him I 9G99 (Dmd book G-52 at Page 32 of the Public Records of the, Rod County, Ti1P David No. 23257 (Official Record Book 2G9 at rage 51 G of the said Public its) and T)IP Dead No. 240G7 (g111021 Record Book 355 at Page 32 of the Said Public ft4cord6; the said parcel of load "antyey wsNun the wrnposite of the cupid TIIP Dods r-ferresd to lob wd: the Bard portal Iysng VAtlEn 50e:tufrtti 2G end 27, TG7 9ovt t, R25 Cants end the raid pmrod of laird being de crab d try metes and (hounds as follows: COMMENCE at the into rsi ctaori at the.. raytcrfy r+ghtof-Way lien of Junior Coil"is Road %nth the narthay right -of -wry Tina of U.5. ILehwvy N I *t:ote Road 05); thersce N 1 IS14 f' I W for 3G. 1 C feat W a punt of airvaturn of A ouriu corfcave to the OouthWee•L; UNWco nortbWoMody on the arm of said curve havism'AstKitt of aG5.00 tank and a mistral a"lis of 35,00)01 Fee f G2.34 fees to a pant 01 tangeney; thence N53'471t0' W W 272.54 fact toFont of corrosion of a curve concave to the N . thew t nai:t1W68terty on t.'ie in; of said GJNe isOw" o radrva of 36 1 .Q2 imat and a cancer angto of 14' 251.91 feet to a point of tanjonvan tbowas N39.2I'38' W few 273,5 f feet to the point of curvature, of a curve comme to the Nortivassin, theme nordwirmfory,and northeasterly am the wG of said curve It" a r of 44GZ5 fast and a medical awe of G2r35130' fm 485.1 S f to a pant of , thmos W231131521 E W I r 22.43 fast; there 145'3 7' E far 27G. fact to a paint Oi curvaturc 0 a come oomave to Una Northwest; the are of d curve having s of 8G.55 fact and a central lie of 3'4331 • (or it mimUnGS pf 239.G9 feet: thence NA 1'4G°3G' E for a distance of 07.29 fee to the FORT OF BEGINNING of Sam bwowkerPence 0; thereas W461 13'24* W for a distance of 256.G7 le -et; thence 2'31Y 131 E for a distance of 172.77 feet-, therwaSoldal3'24' E for a doloams of 249.D2 feet-, the 1'403RU Affor a distance of 172,50 Feet be& to the, AONT OF BEGINNiNG. Caudoming 43,769 ash It, f I .0 i acom PARCEL 0 A Farad of land an and amparrit to Stod Island, Monroe niy, Morada: sumill par a part of the lands described in THE Deed fdo. I RG99 Beirell Book 0-52 at rage 32 of ore fromilm Records of Use awas County, Till' Deed lm. 23257 (Officer Record Buick END at Pate 51 G of Sam smol r its) and TIIE Dead No, 24 7 UCRwW Record Book 355 at FaSur 32 of the, said PuMm, fpcormfir the said Ferrol of land tying actively wiffun the composite of the siodDir Deeds reacted to almorm the d par tying voklyn Sectors 2G and 27, TG7 South, R25 East; no ft said Moral or fatal being described by metes and munds as kitwum COMMENCE at too whairsechrof of the wisterty r line of J " Rated with the northinit, right-of-way One of O,S, HiShmay, 01 (SAAA Road d5); thence N 180411161 W W 3G. I G fact to a rod oI curvature of a curare mocame, to the, Southwest; dwirew northwesterly on the arc of saw curve among A Iodine of 2GS.00 feet and a summit anglis of 35MGW for I G2.34 fret to a rasift of ocarsood thence N53r47I 8° W for 272.SG feet to the pant of curvature of a o e to the east; nortmostorly on ft mm of said carve having a radius of 391.02 fast and a contact araffis of 14' 251 90,91 fast to a Rod of N3912 l OW W for 273.51 feat to the Pant of wassoce of a e No the Ndome, ruartmostorly on and northeasterly on the ore of smad curve hawrof a movie of 44G,85 fast and a control angry of G21331 for 4 .15 fact to a pant of , then" N23113'S2" E for 1 122,43 Neff thence 513 7' E for 27G.04 led to a point of summers of a curve comove to the N w t; of owd curve having a misam, of 3G86,55 fees and a angle of 3143131' fair a d of 239.G9 feet-, thee" N41'4G'3G' E Air a distance of 2G9,79 Ode to the POINT Of MOINMNGof the (ter Associate Seem D; thance N4W 131241 W for a distance of 249,02 feet; thence 2'38' 13' E for a diatoms of 15.71 feat to the point of curvature of a curve concave to the 50voleast; n 5 are of d having a oar of 3 OO f and a al a of 23155122' for 125.2G f to a point of t N '54 E for a dos of G9.99 feet; theme8' 13'24' E a dime of i G8,71 f 1 r4G°3G' W a dicta at 32,13 fact-, theme { 548' 13'24' E for a distance of 15, fthence 54 1 r403G' W for a distance of 1 G5.87 tog b to the POINT OF BEGINNING, Containing 44,227 col. ft.1 1.02 acres, i PARCEL A CIC 3 J land or. arrd adjo-ccn[ FQ :atoctc is nt M IiIF S�cedallo.' �oridar 5eru! parcW 6eu1y .: frx-t of the W)du drfsenyrd rn r1IF Qrrsl NO, ! 9Gg� :lCCd Piyc 32 d1 an P r-a Kdr_a.-rl I nr 5 o d (OFlreiai Record F}o.atr 395 .t +„ye a2 of the 5r,d Pu 23297 {t7ikrr.d FGvrord F gilt 269 At Palo 5 IC of S avok G_52 at the. 5AJ pa Caf lyrriy tathO blrc ltccords; [ha:.ard parse! of lark! I n the'.:aid Public Rccc►dsj viol 7ilP Dead Na_ 240G7 5cti^t+orn 2G and 27, Towmhip 67 5cwth, Rams 25 to long entirely svi4gl the eomf7Pwte of the yard TI{f f7r..ede refer O NCE at the InterasCtrPn o! the r� +tent' "'ItdII of -way irrre o} Junior ) Rati i niSathttpeanuRNe W vlhe o(_bcrng da5cn�cd by rnctcs and �d grnvaNC: HiB'4 1'18" W for 3C, i fc 1a brJundS as Sc Fast and a central :nsle al 33°QG'OO' {P� �62 34 tc�lio sum ��vc rn the 3rn,ttrwast; ttM�rct nix 5vcly gibert waY lirla v! II.S. Yli irwA Y I pwntof tangent} t] snGd N53.47'f p W fa 272.5G n t to ilso 9 Y F.7tatr Ftaad 2 theil cc 00 tht North et; thence nc'rthwL4terry on the Arc of said a nip tow A ra hue of 'J d I ,Q2 [uf and aY Fe [tte arc of raid r_+rrve ruwx3 a rad,us c# 2Ga,Oq thnart N39°4 I'3t}• yr far 273.5 i Feet to u,d pe'eint aF c�ivahrre of a verve �rl=arc to the t and a central tarOn- Ovrtll1.1- 25' an nand ntM.haaotter tira Of a e7urs+e eorrcave to evert rrawny a rrdna rd 4AG,6S feet and a ee,ttrAl anylc d G2'.3S'30 Iw 48a, ! 5 feet Ca a prnnt cf taen gie al I4° a5' 4O' For 9O.Si fur to a Point of tine�enCY, N45.3067' t for c" 7C,04 Fact to a pork of curvAture cN a a ve concave p T Fo t8. H n3 pi thence N23•f 3'Sg•' lay f 122 enF� ,thenceNd lint And A central a'Igle of W43'3 i 1ur a dratorlce of 239,G9 feet: N, orthwaxt; thertcn nartueaeta Feet; riru.cr WA I.49 'n errt4 H4 I tiF6'5W t' far i riy an the arc of yard curvy. nxtnng a radrua of 3686.of,55 I C0,7! fret; tnersce NC0°55.31. E Far a ditance of 20.47 ?eat DINT OF R�G)NNING of enaft ca Pf rrhv6d ire tf+ancc k4H'13'?{ to the haernAFtar dcxrrbsd Pyrcd E, thane¢ N48° I Ye4• µr for a d Atanee ai5. Do of 125,OG Fcct; dunce northeartnrfy on fire arc txi said carve n+v, gtatl adut3t of I67, G Feet and 3 mistral ►Ogle a! .3a'S 1'4G' for t27.A9 Feet t ' s point; thence oncavc to ter. NorlFlwe+rt tkw nr3 crier) hepr rxa N3 ! "49'+4 E fUr a d 3t01 N3B• 7 O F 13 C' for I first, n� of 79. ! 3 Fdcr they ct 546' 13'z{• £ fnr a drStAnGd uF 1 t38.59 feet; Sha4se 54 ! °r PC71Ni OF fiCCINNlN(,', F]c_io'rtdd tract cnnt,,rra O'A5 aGrca k'[)RP OR te55. FG'3C' W for a distance aF 221,4g root; back to the PA7iCE[ f A Farcaf of larui on and adJar�t to Stock I,Innd. luf _ Page al et the p+rhllt FCrcaxda g t4hduj 32 a the aardCnunty•P 11 De:ad Hn..3,257 Old Al RC be eMka2Li9 a xr deacnka J in 711E pied Fpec•1 Bvak fi-52 at IOlfrc+al Reaxd Givak .355 at Pa F flGraf +Zccvrd Aa. 18G99 try wrrA parcai ry"9 vauvn 5rxhons 26 arrd 27, 3' horde; toe Bend prtrc�l of [and Iyntg rntrrcly wr W 5'4 OF the cvrrl tlra Card f utNre Records] and Tlif` FJrtd No. 241167 Cf)MMf�ICE at ttre rateyyr'etkht of the `v"stllp 67 9rxlth. Rrne'a 25 Faxt; and tln ant F'va'te °[ aid TIlf' l7erd e easterly ngnt OF-W,ry One of Jvrn or CPffdge Rtsid nd t the narti � d 11a I'd baurg descrihacf n o rrldrrrvl tv ahoy: N ! li'4 ! • t Pr' W Far 3�, i C Ferst to a s[ at tai bs' mrJM anJ bvunda An IaRrru:.. feet Arks A r. �lteal p rot'it M i Cr+"Ve r"n[we tiff M.±haul Invest; tt5ettu rlbrtt1lM..flt 9F-way IIne. CA U.5. ril ny ,Y! r+glt a! 35°OCV70 For f 62.34 fact to a po;q al tan a . rnSr on the ar (5tata Rnad YS]; th pnr� the ktorthean[; thane- nortllw4dtert on IPIC are of SAW uxva FrxNng A radrir► vl 3G 1 .02 loot and A centre! an fo of f 4• Gal card Gurvo fiayrrlg a radius a! 2Cg,O0 9 3, tttatce N58 47'F ti'W For 272.56 Feet to the pant enF curvature d a curve cancxvc to C sec N38'2 !'36 W !fir 2 i te:t to the point r1 inOf I cVrvatvra n+ a curve conchs c to the Nrr thcasC ttfa leo a n fralnt d tan event' r raI Ws of 44C.85 feat and a r:r•ntr 9 M 40' for 90,91 Fret t W45",30'67• l'. Far 2'7G.t14 rest to a oxnt of 9 r of 62.33'30' for 46a. 15 Fect to a nrthUl n N;?y on and narthcastC ��� feet and a eeritral an9le of 3.43'3 i • or a dsAr err ire of ar+re tQrcawa to the Northwest; t it enc.c rlorttirainter than ttic a 3.13'52' C For 1 122.43 tcct•�lircr>ceArd leek; theme H4 ! AG36' E jar a diatanee 38,C9 feet: thdraca N4 1 °4G�C' E For a dots of Said curve IMvmg a radid� ❑f 3G6G,55 dratante of 25 I'34 f of X7 C Fc, aa'N L the PO1W OF BEGINNING- r •"µre 435•CG Feet; tncra-4 N4p'13'2q• W for a set: thence 527.37 pay Fw a )stance al ?.43.58 Fect: thefrce 5A 14 M'f 6' 13'?�+' W for A drut�atrc di 206.7 NSW5 chutJ r. OF 15.00 tiEa'rliJHitdG. UasCnbed tract cxstauty I .02 acre6 C'3G' W for I foot; thr tee HgG•ggpp' F for AAIjF;P 6R t.,r y, a dslancC a! i C4,71 Feet Frock t4 the fOfIJT OF PARCEL G A parcel of lead tm arld adVicent to 5taef: Ihfaad, Malmo F'age 32 nl the PubhG Records of tt a grid County, rid, oil eCu No. 23257 Card p nr baYjrr (plfr[aal Recur) [QfhrJal Kecoe" 9 a Part Of the land dc, twbed In THP Dead No. ! 9G99 (peed fSPok G•S?_ At +3arFk 355 at Pagr 32 of the smd PuW c Ftecgrdy; the said par ESac 2C9 at haae 5 f G of the 4aid Put fit the Hard parser lying wthnr 5ectiona 2C Jr>cl ?,7. TuwnaFu �! of land yrn9' Gr unthm t p trod d91 and UP peed No, g4pG7 C.t']M.WNGe at tho rnterec p G7 South. Range RS FaSt; and the yard he cam osrte. Of the Doe retsrncal N t g•q I •! 61 W for Jr., t G feat to atpowt o�unrrrdix of wily line OF Junior cnlq p�� parrrl al land beutg deacihesi to above- C•CSE NV,id Wrth [fed nor{Siri•f by mctea and b(%v1dS .Jr loffosyy: tli,e and R central ar 61CVC c:ana"Ve to Flyd 5Gut11WC]t; thence nor Y �1t-d•i line of U.B. Hilhway i/ 1 S3tate Iiwd A'S ; tl Hie HwtJsrast: thence northwea�r�on the Ara C of bold to a pa Fit o1 tsrsgcncy; hence N53.47'18• W for g� �i P t�ire�pr nta� air vhr[v �i r �urveorP65.p0ca [iicnce N'J3°2 I'3d' W for 273.51 lcrJ. to the curve NaviM1y n rAdiva of 3G ! ,02 fCet and A crai[rat ail a of ! 4° curve hr Ong a rxdn+a d s46 8g {fist and Font of Ct ['VptUf4 nF A 4CYrVe of to the Nartheyat: "OnCe n xtr yV6Dier5 40Irx 90,9I feet to a ar cAVt to N4591707' C For 27C.04 Foet to a Call at ^teat ArmjlerOf G2'35'3O' for 40& 15 Iset to a point OF tan°}arGy- "thwa N23'f 3JOGI E ear l 122.4$ the Arc of eat; p CWrV,AtWrC a. a curve cane,,ve to the t4orthwagt; %srice FY °r+ and no(or 1st 2, an the Arc of card lent and a central ROMlt of 3.43'31 far A drntartC.eal 239.G9 Fact; MAW Ca N41.4G'3L• legit; thence N41°4G'3G' E For a diptlnc� of 4 f a,34 Feet to the 'DINT OF Fi>'GtNNING; tlrcnce N27l%'0oeaaterly all the arr. of W'd curve )Lawny a radws of 3G8G.55 a dlpta+lea of db.2.2 feet; tlWwr 527-37170• F for a dretance of 2A7.95 Ica- drNG; is I'4G'36 W FixY d titan c � 4 ! ieet6•t3'?al'W For "distance of IS M 0VGGrrbtd trial. conta4m 0-25 acres ,3700. W for a stance nI 243.59 fact; thane NU-55rpp- r For ML7tiE OR LFaS. hack to the POINT OF FWGIN114NG,