Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19/20, 2000
Division: Public Works
Bulk Item: Yes: X
No:
Department: Facilities Maintenance
Agenda Item Wording:
Approval to renew the lease agreement with the Big Pine Athletic Association to
lease/operate the Blue Heron Youth Center, for an amount of rent totaling $1.00 per
year and all cost associated with utilities and solid waste, and authorization for the
Mayor to execute the lease agreement for same.
Item Background:
On January 7. 2000 the lease agreement with the Big Pine Athletic Association will
expire. The BPAA is currently paying $1.00 per year and all cost associated with
utilities and solid waste.
Previous Relevant BOCC Action:
On December 18. 1996. the Board authorized the Mayor to execute lease agreement
with the Big Pine Athletic Association to lease/operate the Blue Heron Youth Center for
an amount of $1.00 per year and all cost associated with utilities and solid waste.
Staff Recommendation:
Approval as stated above.
Total Cost: $0.00
Budgeted: Yes: N/A No: N/A
Cost To County: $0.00
Cost Center:
Revenue Producing: Yes: XX No _ Amount per Month: $
Year: $1.00
Approved By: County Atty: XX
OMB/Purchasing:XX
Risk Mgmt: XX
Item Prepar~d By:
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los Zarate, Director of Facilities Maintenance
Division Director Approval:
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Dent Pierce, Director o(Public Works
Disposition:
To Follow: Not Required: _
Agenda Item #: '4IfP(I2
IJJ / fit .11
Documentation: Included: XX
70 3.Q'" ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with:Big Pine Athletic
Association
CONTRACT SUMMARY
Contract #
Effective Date:.I/7/00
Expiration Date: 1/7/03
Contract Purpose/Description: Renew Lease Agreement with the Big Pine Athletic Association
to lease the Blue Heron Youth Center.
Contract Manager:Lisa Monsalvatge
(Name)
4385
(Ext.)
Facilities Maintenance
(Department)
for BOCC meeting on 1/ 19/0Q
Agenda Deadline: 1/5/00
~evenlJe. ""?roduo N3: CONTRACT COSTS
rotal Dollar Value of COR tract: $1.00 Current Year P0I1ion: $
Budgeted? YesD No D Account Codes: _-_ _-_
Grant: $ - -
- -- _.-----
County Match: $ _-_-_-__
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Nol includcd in dollar valuc abovc) (cg. maintcnancc. utilitics. janitorial. salaries. ctc.)
CONTRACT REVIEW
Changes Date Out
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OMB Form Revised 9/11/95 Mep #2
AGREEMENT
This agreement is made and entered into this _ day of ,
by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereinafter COUNTY, and BIG PINE ATHLETIC ASSOCIATION, a nonprofit
corporation existing under the laws of the State of Florida, hereinafter BPAA.
WITNESSETH:
1.
WHEREAS, BPAA is a not-for-profit corporation established for the provision of
activities for the wholesome development of youths' personal, social, physical,
emotional and spiritual growth; and
WHEREAS, BPAA provides such activities in a wholesome, alcohol-free and drug-
free environment for young people in Monroe County; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational use and social functions of the community in a wholesome environment
free from drugs and alcohol;
NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and
performed, the COUNTY hereby leases unto BPAA that certain property described as
follows:
1. PREMISES.
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Tracts DW and EJ, PINE KEY ACRES, Big Pine Key, Florida, as recorded in Official
Records J300k 509, at page 1047 of the Public Records of Monroe County,
Florida, LESS the Southerly Twenty-five (25) feet of Tract DW and EJ PINE KEY
ACRES, Big Pine Key, Florida, as recorded in Official Records Book 509, at Page
1047, of the Public Records of Monroe County, Florida; also referred to as the
Blue Heron Building.
2. TERM. The term of this agreement shall be for three (3) years, commencing
, and shall be terminated after said period, unless extended
pursuant to the terms of this agreement.
3. EXTENSIONS. This agreement may be extended for additional period of three
(3) years if BPAA proVides to the COUNTY written notification of BPAA's intent to extend
the agreement at least thirty (30) days prior to the expiration of the agreement. Such
extension is not available, however, if the COUNTY has proVided to BPAA written
. notification of its intent not to consent to an extension at least sixty (60) days prior to
the expiration date of this agreement.
4. RENTAL. BPAA agrees to pay to the COUNTY, as rent for said property
during the term of this lease, the sum of One Dollar ($1.00) per year, to be paid on or
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before the anniversary date of each year for the term of this agreement, or any
extensions thereof.
5. PAYMENT OF RENT. The rent shall be paid as specified above, and in the event
that any installment shall remain unpaid for a period of thirty days after the same shall
have become due and payable, the COUNTY may, at its option, consider BPAA a tenant
at sufferance, and may immediately enter upon said premises and take possession
thereof. In such event, or in the event of any other default by BPAA under the terms
and conditions of this agreement which shall continue for a period of thirty days from
the, time of notice to BPAA of such default, shall also entitle the COUNTY to the same
remedy.
6.
USE OF PREMISES.
a.) The premises described in paragraph 1, above, shall be actively used as
youth center for the Big Pine Key area. The COUNTY hereby enters into this
agreement with BPAA to supervise and operate said youth..c;~n..ter. BPAA
shall at all times be responsible for assuring that the operation of the center
does not create a nuisance or become used for any illegal or immoral
purposes, including allowing any alcoholic beverages or unlawful narcotics to
be possessed, used or consumed by persons on the premises or allowing
persons under the influence of alcohol or unlawful narcotics to enter the
premises, and that the center complies with any applicable federal, state and
county laws, statutes and ordinances.
b.) The premises must be made available for use by other non-profit
organizations, subject to scheduling and reasonable restrictions on use that
the BPAA deems necessary to assure that the premises are primarily used as
:-a youth center and that no immoral or illegal activity takes place on the
. premises. However, if the BPAA and a non-profit group are unable to agree
on the scheduling or restrictions on use, then a final decision on the group's
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use of the premises will be made by the County Administrator.
7. IMPROVEMENTS. The COUNTY may remodel, renovate, or reconstruct any
buildings, structures or additions existing on the premises.
8. CANCELLATION. Either party hereto may cancel this agreement with or
without cause by giving the other party sixty (60) days written notice sent by certified
mail of its intentions to do so.
9. RETURN OF PREMISES. At the end of the term of this agreement or any
extensions thereof, BPAA shall vacate and peacefully surrender the premises to the
COUNTY. BPAA shall not suffer or permit any waste to occur to the premises during the
term of this agreement.
10. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
the BPAA is an independent contractor and not an employee of the Monroe County
Board of County Commissioners. No statement contained in this agreement shall be
construed so as to find BPAA or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners.
construed so as to find BPAA or any of its employees, contractors, servants or agents to
be employees of the Board of County Commissioners.
11. COSTS. The COUNTY will be responsible for all costs associated with the
premises under this agreement regarding maintenance of the building and
improvements thereto. BPAA will be responsible for all costs associated with utilities
and solid waste in connection with the premises leased hereunder.
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12. INDEMNIFICATION AND HOLD HARMLESS. BPAA covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners 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 BPAA utilizing the property governed by this agreement.
The extent of liability is in no way limited to, reduced, or lessened by_.~h~ insurance
requirements contained elsewhere within this agreement.
13. INSURANCE
BPAA, at its own expense, shall continue to supply insurance as speCified by Monroe
County Risk Management.
BPAA will not be permitted to occupy or use the property until satisfactory evidence of
the required insurance has been furnished to the County.
BPAA shall maintain the required insurance throughout the entire term of this
agreement and any extension speCified by Monroe County Risk Management. Failure to
; comply with thi$ provision may result in the immediate termination of the agreement
~ and the return ot all property owned by the county.
BPAA shall provide, to the COUNTY, as satisfactory evidence of the required insurance,
either a certificate of insurance or a certified copy of the actual insurance policy.
The COUNTY, at its sole option, has the right to request a certified copy of any or all
insurance policies required by the 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 BPAA's insurance shall not be construed as relieving
BPAA from any liability or obligation assumed under this agreement or imposed by law.
The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire
Legal Exposure.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and approved by Monroe County Risk Management.
14. COMPLIANCE WITH LAW. In providing all services pursuant to this
agreement, BPAA shall abide by all statutes, ordinances, and rules and regulations
pertaining to or regulating the provisions of such services, including those in effect and
those hereinafter adopted. Anything in paragraph five (5) to the contrary
notwithstanding, any violation of said statutes, ordinances or rules and regulations shall
coostitute a material breach of this agreement and shall entitle the COUNTY to
terminate this agreement immediately upon delivery of written notice of termination to
BPAA, and the COUNTY may thereupon re-enter the premises.
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15. PROFESSIONAL RESPONSIBILITY AND LICENSING. BPAA shall assure
that all professionals have current and appropriate professional licenses and
professional liability insurance coverage.
16. MODIFICATIONS AND AMENDMENTS. Any and all modifications to this
agreement or to any of the services provided shall require an amendment to this
agreement to be approved in writing by both parties hereto.
17. NO ASSIGNMENT. BPAA shall not assign this agreement or sublease the
premises except in writing and with the prior written approval of the Board of County
Commissioners, which approval shall be subject to such conditions and proviSions as the
Board may deem necessary.. This agreement shall be incorporated by reference into
any assignment and any assignee shall comply with all of the provisions herein. Unless
expressly provided for therein, such approval shall in no matter or event be deemed to
impose any additional obligation upon the COUNTY.
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18. NON-DISCRIMINATION. BPAA shall not discriminate against any person on
the basis of race, creed, color, national origin, sex or sexual orientation, age, physical
handicap, or any other characteristic or aspect which is not job-related in its recruiting,
hiring, promoting, terminating or any other area affecting employment under this
agreement. Additionally, BPAA shall not discriminate against any person on the basis of
race, creed, color, national origin, sex or sexual orientation, age, physical handicap,
financial status, or any other characteristic or aspect in regard to providing services
hereunder.
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19. AUTHORIZED SIGNATORY. The signatory for BPAA, below, certifies and
warrants that:
(a) BPAA's name in this agreement is its full name as designated in its
corporate charter, if a corporation, or the full name under which BPAA is
authorized to do business in the State of Florida;
(b) He or she is empowered to act and contract for BPAA;
(c) This agreement shall be approved by the Board of Directors of BPAA, if
BPAA is a corporation.
20. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt
requested, to the other party as follows:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Department
3583 S. Roosevelt Boulevard
Key West, FL 33040
FOR BPAA
Big Pine Athletic Association
Post Office Box 89
Big Pine Key, Florida 33043
1.
21. CONSENT TO JURISDICTION. This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under
this agreement shall be in Monroe County, Florida.
22. NON-WAIVER. Any waiver or any breach of covenants herein contained to
be kept and performed by BPAA shall not be deemed or considered as a continuing
waiver and shall not operate to bar or prevent the COUNTY from declaring a forfeiture
for any succeeding breach, either of the same condition or covenants or otherwise.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the
day first written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
} By:
Deputy Clerk
By:
Mayor/Chairman
Witnesses:
BIG PINE ATHLETIC ASSOCIATION
By:
By:
By:
Title:
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