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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16-17, 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 Parcels IJ and II, Pine Key, Acres, Big Pine Key, Florida (a.k.a. Watson Field) for an amount of rent totaling $1.00 per year. Item Background: On May 25, 1999 the lease agreement with the Big Pine Athletic Association expired. The BPAA is currently paying a rental fee of $1.00 per year. Previous Relevant BOCC Action: On November 1, 1989, the Board executed a lease agreement with the Big Pine Athletic Association to lease Watson Field for an amount of $1.00 per year. Staff Recommendation: Approval as stated above. Total Cost: $0.00 Budgeted: Yes: N/A No: N/A Cost To County: $0.00 Cost Center: I Revenue Producing: Yes: XX No _ Amount per Month: $ Year: $1.00 Approved By: County Atty: xx OMB/Purchasing:XX Risk Mgmt: xx Item Prepared By: 1 Carlos Zarate, Director of Facilities Maintenance /: /~ /..--./ .// A'.. / / .~ < .V~/~. / , / De~t Pierce, Director of Public Works 2/~ftr~ Division Director Approval: Disposition: To Follow: Not Required: _ Agenda Item #: 1- CW Documentation: Included: XX MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ~ with:Big Pine Athletic Association Lease... Expiration Date:5/24/00 CORtr:ilGt' Purpose/Description:Renew Lease Agreement with the Big Pine Athletic Association to lease Parcels IJ and II, Pine Key, Acres, Big Pine Key, Florida CONTRACT SUMMARY Contract # Effective Date:5/25/99 Contract Manager:Lisa Monsalvatge (Name) 4385 (Ext. ) Facilities Maintenance (Department) for BOCC meeting on 2/16-17/00 Agenda Deadline: 2/2/00 rr<.e.venue.. ~(()d LX:Jrx:1 CONTRACT COSTS 'Fotfti D611M' VRllie sf Contract: $'1.00 Current Year Portion: $ Budgeted? YesD No 0 Account Codes: _ _ _ _ Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $ _/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Ef;'1~~ Needed....,( n Reviewex /} Division Director ~O Y esD No~ . \Y I ~ O.M.B./P c. mg 2( z/tJO YesD No~ ~ County Attorney ~ YesDNoff'~~ Comments: Date Out ~ (),~:).-oU ~ , -Z..q-Ot) OMB Form Revised 9/11/95 MCP #2 " BUSINESS LEASE This Lease is made and entered into this day of , 2000, by and between the BIG PINE ATHLETIC ASSOCIATION, INC., a Florida Corporation, herein called "Association" and the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, herein called, "County." WIT N E SSE T H: That the Association leases to the County, as herein provided, the real property and improvements thereon located on the following described real property: Parcels IJ and II, Pine Key Acres, Big Pine Key, Florida, subject to the following: 1. Zoning ordinances of Monroe County, Florida. 2. All oil, gas and mineral rights. 3. Easement of ingress and egress for utility purposes, all in accordance with the dotted lines as shown in Official Records Book, at pages 1047, 1048 and 1049. The tenn of this Lease is for ten (10) years beginning May 25, 1999, and ending May 24, 2009, said lease being under the following tenns and conditions: 1. The total rent due under this Lease is one dollar ($1.00); 2. The premises leased are to be used as a recreational/park area; 3. The County shall make no improper, unlawful or offensive use of the said premises; and 4. The Association or its agent shall have the right to enter upon the leased premises at all reasonable times for the purpose of viewing and inspecting the conditions thereof.. 5. During the term ofthe lease, the Association shall: a) Take out $1,000,000.00 in Liability Insurance to save the County harmless against liability resulting from injuries to persons or property on or about the leased premises by reason of the County's occupancy or use thereof; b) Name the County as co-insured with the Association and provide the County with a complete copy of the policy for review prior to reimbursement of the Association; c) obtain such insurance up front, and the County shall reimburse the Association for the cost of the insurance. 6. The County shall not assign this lease, nor sublet or encumber the leased premises in any manner whatsoever, without the prior written consent of the Association. , , 7. The use of the concession stand located on the above-described real property is to be granted solely to the Association at its own discretion. 8. The County shall maintain the premises, structures, facilities, playing fields, fences and lights in a safe and usable manner. 9. The county shall be responsible for and pay for all utilities utilized on said premIses, including water, electric and trash removal. 10. The County reserves the right, at its own discretion, to maintain or improve the subject property or improvements thereon and treat it as any other unincorporated park or beach that is maintained by the County of Monroe, State of Florida. 11. This lease supersedes and cancels all previous agreements between the Association and County involving the real property that is the subject of this lease. 12. The Association shall schedule all events except those deemed to be of a special or irregular nature, in which case the procedures for using County property for special events, as incorporated below, shall be followed: If a group or organization wishes to use County property for special or one-time events, the following procedures will be followed: 1. All requests must be approved by the County Administrator and/or the Monroe County Board of County Commissioners. Therefore, requests should be submitted as soon as practicable and at least one (1) month prior to the scheduled dated of the event, if requesting any special considerations (waiver of fees, alcohol consumption or sales, fund raising, extended hours, etc.) 2. The request must be made on the "Request for Use of County Property" fonn, and be submitted to: Monroe County Parks & Recreation 3583 South Roosevelt Boulevard Key West, Florida 33040 3. All requests are subject to review by the County Administrator. 4. Deposits for clean-up, security or related expenses may be required as necessitated by the type of event. 5. Waiver or imposition of fees for the event may be enacted by the Board of County Commissioners. 6. Sponsor will be required to execute a hold harmless agreement and/or furnish appropriate insurance naming the County as additional insured, the limits of which will be contingent on the nature of the event. 2 ~ . t' 7. Other actions or restrictions may be imposed by the Board of County Commissioners, based on local, State or Federal laws, including, but not limited to Monroe County Codes. 13. Upon the perfonnance by the County of the covenants herein set forth, the Association shall permit the County to quietly hold and enjoy the demised premises without any interruptions by the Association or by any person or persons claiming by, through or under it. 14. The County shall have the right, at the expiration of this lease, to remove any machinery, equipment or property placed upon the premises and return the leased premises to the Association in the same condition existing prior to its occupation of the premises under the lease. IN WITNESS WHEREOF, the parties hereto have signed and sealed this lease agreement as of the day and year first above written. BIG PINE ATHLETIC ASSOCIATION Witness By: Witness President (SEAL) Attest: DANNY L. KOLHAGE, CLERK. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: , By: Deputy Clerk Mayor/Chairman B 3