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Item P03 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting September 18, 2019 Agenda Item Number: P.3 Agenda Item Summary #6036 I111EV.111SE.113 BAC I.JP 113AY OF AIEI;"III`II[N . p�iscrted T11ird :I[Zevised 11""Alilblt A; reaiioved [."Aiilbit A2 (legal descrlptio i) wlilcli was i�icorp prated i�ito 'flilyd ]EZcvis d [."Aiilbit A. BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 n/a AGENDA ITEM WORDING: Approval of the Keys Overnight Temporary Shelters (KOTS) and Essential Governmental Employee Housing Interlocal Agreement with the City of Key West. ITEM BACKGROUND: The County has leased space on the County owned Sheriff's headquarters and jail property to the City of Key West for use as homeless safe zone since 2004, known as the Keys Overnight Temporary Shelter(KOTS). The use eventually resulted in litigation with the neighbors, which was resolved when the City agreed to explore moving KOTS across College Road to the City owned parcel known as the Easter Seals property. After the City Commission determined that the community would be better served by building low income affordable housing on the Easter Seals property, the City asked the County to consider permitting the City to use the current KOTS property to build an improved, code compliant KOTS facility. In September of 2017, the Sheriff received Board approval to pursue housing for his employees in that same space. The Board directed the County Attorney to negotiate with the City and the Sheriff to see if an agreement could be reached. The negotiations produced this proposed agreement. Under the proposed the agreement, the City would deed to the County a deed restricted parcel of property on Trumbo Road in Key West for the purposes of constructing up to 40 units of affordable housing for use by employees of the Sheriff as well as other public safety employees. In exchange, the County would lease to the City for 99 years an expanded portion of the Jail property to include the current portion occupied by KOTS as well as additional property between KOTS and the mangrove shoreline. The agreement contemplates that if, in the future, the City is able to legally accept title to the"new KOTS" property without a referendum, then the County would deed that property over to the City with a deed restriction, limiting the use of the property as a homeless shelter. The deed restriction would alternatively allow the City to build affordable housing on the property should the City determine to discontinue providing a homeless shelter at the KOTS. Construction of affordable housing on the Trumbo property would be the responsibility of the County though the Sheriff has agreed to lead efforts to finance this construction. The Sheriff's staff is already engaged in discussions with community partners to help fund that project. During the period during which the City leases the new KOTS facility from the County, the City would pay nominal rent to the County and the County would continue to provide the City with up to $5,000 towards its utility costs of running KOTS, which it is currently providing. The City would bear the costs of building the new KOTS facility. The agreement calls upon the City and the County to jointly pursue a legislative change to the Land Authority Statute that would clarify that Land Authority funds could be used to help pay for those construction costs. The agreement contemplates that it will take approximately 36 months for the City to build the new KOTS facility. The new facility will be built in the expanded area which is more buffered by mangroves than the current location. The new facility will have an area for the KOTS clients to congregate in prior to opening time, a provision designed to remediate the current practice of clients congregating on properties located along College Road. The City Commission is scheduled to consider the agreement at its September 17, 2019 meeting. If approval of the agreement is delayed, the County Commission will be asked to extend the September 27, 2019 deadline for the City to vacate KOTS until the agreement can be approved by both Boards. PREVIOUS RELEVANT BOCC ACTION: 7/18/19, BOCC extended the deadline for the City to vacate KOTS to 9/27/19. 9/27/17, BOCC voted to authorize staff to start the process to build workforce housing for the Sheriff on KOTS location and directed the City to vacate KOTS by 9/27/18. 3/19/2014, BOCC approved an ILA to permit the City to continue to use County property for KOTS on a month to month basis. 3/18/2009, BOCC approved an ILA to permit the City to use County property for KOTS for five years. 3/17/2004, BOCC approved an ILA to permit the City to use County property for KOTS for five years. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: KOTS Interlocal Agreement Final REV FINAL EXHIBIT A. COVER SHEET 9 16 19 THIRD REVISED Exhibit A to KOTS Agreement (with gates now noted/added by City) 9 16 19 Survey of Trumbo Road Vacant Lot to be conveyed to County FINANCIAL IMPACT: Effective Date: Upon adoption on September 18, 2019 Expiration Date: September 17, 2118 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: n/a REVIEWED BY: Bob Shillinger Completed 08/30/2019 4:54 PM Bob Shillinger Completed 08/30/2019 4:54 PM Budget and Finance Completed 09/03/2019 8:58 AM Maria Slavik Completed 09/03/2019 11:39 AM Kathy Peters Completed 09/03/2019 12:54 PM Board of County Commissioners Pending 09/18/2019 9:00 AM KEYS OVERNIGHT TEMPORARY SHELTER (KOTS)AND ESSENTIAL GOVERNMENTAL EMPLOYEE HOUSING INTERLOCAL AGREEMENT This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL, 33040, ("COUNTY"), and the CITY of Key West, a municipal corporation of the State of Florida, whose address is 1300 White Street, Key West, Florida 33040 (the "CITY"). WHEREAS, the COUNTY, in general, and the CITY of Key West, specifically, have a significant population of homeless people; and WHEREAS, CITY and COUNTY have determined that this agreement is in the best interests of the public; and WHEREAS, the COUNTY owns a parcel of land situated on North Stock Island that includes the Premises used hereunder and more particularly described in Exhibit "A"; and WHEREAS, the CITY has operated a homeless shelter known as the Keys Overnight Temporary Shelter ("KOTS") on COUNTY owned property designated for use by the MONROE COUNTY SHERIFF ("SHERIFF") as his headquarters and main jail since 2004; and WHEREAS, the County assisted the City's operation of KOTS by providing land and payment of certain utilities since 2004; and WHEREAS,the CITY has requested that KOTS remain on the COUNTY property that also serves as the Headquarters for the SHERIFF and the County Jail; and WHEREAS, Monroe County Sheriff's Office("SHERIFF"), finds it difficult to recruit and retain personnel due to the high cost of living in Monroe County; and WHEREAS, on September 27, 2017, the Sheriff requested authorization from the County to build approximately 30 units of housing for his employees on the current site of KOTS; and WHEREAS, on September 27, 2017, the COUNTY authorized staff to begin working with the CITY to develop the property where KOTS is currently located to build employee housing for the SHERIFF; and WHEREAS, on September 27, 2017, the County Commission voted to advise the City that it had one year to vacate the premises of the current KOTS facility; and WHEREAS, on July 18, 2018, the County Commission voted to extend the deadline for the City to vacate the premises until September 27, 2019; and Page 1 of 11 WHEREAS, the CITY has identified a parcel of CITY owned land on Trumbo Road on which the contemplated units of housing for Sheriff's employees can be built; and WHEREAS, the City has represented to the COUNTY and the SHERIFF that the Trumbo property is in the process of being re-zoned to be eligible for constructing approximately 40 units of affordable housing under the CITY's Land Development Code and Comprehensive Plan; and. WHEREAS, the parties agree that a land swap is the best mechanism to ensure each governmental entity of its ability to achieve its mutual goals of building a new KOTS facility on a suitable location and creating at least 30 units of affordable housing for the Sheriff's employees; and WHEREAS, by approving this agreement, the County Commission rescinds all prior votes to direct the City to vacate the County's property current KOTS location; and WHEREAS, CITY has agreed to bear the costs of construction of the "NEW KOTS" facility and the County has agreed to bear the costs of removing its sheds from the subject parcel in order to provide the City a site that is ready for the City to build upon; and WHEREAS, Section 7.03(a) of the City Charter authorizes the City to convey City owned property to the County without a referendum; and WHEREAS, Section 1.08 of the City Charter currently requires approval of the voters by referendum for acquisition of real property by any means; and WHEREAS, the parties desire to enter into an interlocal agreement that would permit the CITY to use a portion of the COUNTY's Premises as a homeless persons safe zone commonly referred to as KOTS until such time as the City can formally accept conveyance of that portion of property from the County in exchange for a conveyance of the Trumbo property to the COUNTY for use as an affordable housing site for Sheriff's office and other public employees. NOW, THEREFORE IT IS AGREED: 1. PROPERTY.The properties covered by this agreement include the following parcels: A. "NEW KOTS" —a parcel of land shown on Exhibit A that is a portion of the parcel where the Monroe County Detention Center and Monroe County Sheriff's Headquarters Building is located. B. "Trumbo Road" —the approximately 1.1 acre of vacant land on Trumbo Road that has a current street address of 250 Trumbo Road, Key West, and parcel number 00001720-000200. Page 2 of 11 The COUNTY agrees to lease to the CITY for its exclusive use the land designated as "NEW KOTS", hereafter "the Premises," as shown on Exhibit "A," which shall be made available to CITY in a scarified condition free of any existing utility installations or other structures. (Existing City improvements excluded.) 2. DESIGN AND CONSTRUCTION. The parties to this Agreement will work together to design and build at CITY'S sole expense the NEW KOTS facility taking into consideration the concerns of neighboring property owners and will design a staging area and adequate screening and landscaping so as to minimize visual or noise impacts on the neighboring properties. The parties agree that the NEW KOTS facility will be completely fenced and have two gated entrances referred to as a main entrance and a service entrance. Both gated entrances are depicted on Exhibit A. The service entrance shall not be used by KOTS clients or staff except for deliveries or emergencies. 3. SEQUENCE OF ACTIONS. A. Within 90 days of the effective date of this agreement, the CITY shall deed the Trumbo Property to the County free of all liens and encumbrances, in a form acceptable to the County Attorney. The deed shall contain a reversionary clause in favor of the City should the County abandon its intended use as affordable housing for the Sheriff and other public employees. The City's failure to convey the Trumbo property within 90 days of the effective date of this agreement, shall render the agreement void at the discretion of County. Prior to the conveyance the City shall record a Declaration of Restriction restricting the use of the property, in perpetuity, to workforce affordable housing as defined in Section 122-1465 through 122-122- 1472 of the Land Development Regulations of the City. B. Within 90 days of the effective date of this agreement, a. The COUNTY shall relocate the existing county-owned storage sheds and related infrastructure that currently exists on the site of the NEW KOTS property depicted in Exhibit A so that the site is suitable for building the NEW KOTS facility. The COUNTY anticipates that it will require no more than six weeks to provide a site that is ready for construction of the NEW KOTS facility. b. Contemporaneously with or prior to the COUNTY's efforts to clear the site for the NEW KOTS facility, the CITY may commence or complete the design and permitting process for constructing the NEW KOTS. The City shall provide the COUNTY and SHERIFF an opportunity to review and provide input prior to submitting the plans for approval by the City's building and planning departments. Page 3 of 11 c. The COUNTY may begin the design and permitting process for constructing the affordable housing units on the Trumbo property independent of the design, permitting, and construction of the NEW KOTS facility on the jail property. C. The CITY shall continue to operate the existing KOTS until the NEW KOTS facility is opened and occupied. CITY shall make every reasonable effort to construct the NEW KOTS facility within 36 months of the final execution of this agreement. Both parties acknowledge budgetary funding hurdles remain to be overcome for the construction of NEW KOTS. The parties agree to jointly seek a legislative change to F.S. 380.0666 to insert language that would clearly authorize the use of Land Authority funds to aid in the cost of construction of the NEW KOTS facility. D. Within 60 days of the occupancy of NEW KOTS by the CITY, the CITY shall demolish the old KOTS facility. E. To the extent allowed by law, the COUNTY agrees to convey the NEW KOTS property to the CITY upon demand when the CITY is legally permitted to take title with or without a referendum, free of any liens and encumbrances in a form acceptable to the City Attorney. The deed shall contain a reversionary clause in favor of the County should the CITY abandon use of the property as a homeless shelter or a site for the construction of affordable housing should CITY determine not to continue to provide a homeless shelter at the NEW KOTS location 4. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of 99 years commencing as of the 181' day of September 2019 and ending on the 171' day of September, 2118. Should the City acquire ownership of the NEW KOTS property subsequent to the County obtaining ownership of the Trumbo property, the parties will re-evaluate the continuing need for any portions of this agreement at the request of either party. 5 USE AND CONDITIONS DURING THE LEASEHOLD PERIOD. A. The Premises shall be used for the purposes of providing a homeless safe zone and provision of related services as determined by CITY. No signs of any kind shall be permitted except within the footprint of the Premises. If the Premises are used for any other purpose, the COUNTY shall have the option of immediately terminating this Agreement. The CITY shall not permit any use of the Premises in any manner that would obstruct or interfere with any COUNTY functions and duties. B. The CITY will further use and occupy the Premises in a careful and proper manner, and not commit any waste thereon. The CITY shall not cause, or allow to be caused, any objectionable activity of any nature on the Premises. Any Page 4 of 11 activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any State or Federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The CITY shall not use or occupy the Premises for any unlawful purpose and will, at the CITY's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations,requirements and orders of governmental authorities or agencies respecting the use and occupation of the Premises. C. The CITY shall establish a "No Smoking" zone for that portion of the Premises which is adjacent to the Sheriff's Office propane tanks, according to the requirements of the Fire Marshals of the COUNTY and the CITY. This "No Smoking" zone shall be strictly enforced by the CITY. D. The CITY shall, through its agents and employees,prevent the unauthorized use of the Premises or the common areas, or any use thereof not in conformance with this Agreement. The CITY shall not permit the Premises to be used or occupied in any manner that will violate any laws or regulations of any applicable governmental authority or entity. E. The CITY, its officers, employees, agents, contractors, volunteers, and invitees shall have the same rights of ingress and egress along the right-of-way routes to the Premises as do other members of the general public. The CITY shall be responsible for ensuring that these common ways of ingress and egress are used by their officers, employees, agents, contractors, volunteers, and invitees in a reasonable and orderly manner,in cooperation with all other occupants and their officers, employees, agents and invitees. The CITY shall conduct itself and will cause its officers, employees, agents, and invitees to conduct themselves with full regard for the rights, convenience, and welfare of all other users of the public property of which the Premises is a sub-part. F. Unless otherwise agreed by separate agreement or amendment to this interlocal agreement, the CITY or its authorized designee shall be solely responsible for operating the homeless safe zone, including all maintenance, security, enforcement of rules and regulations, programs, transportation and any and all other aspects of operations. 6. RENT. Until such time as the City lawfully takes title to the NEW KOTS property, the CITY must pay the COUNTY the sum of ten dollars ($10.00) per year, due on the first day of the contract year, payable in advance and remitted to the Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. 7 UTILITIES. The CITY shall be provided $5,000.00 a year for water, electrical and sewerage utilities at the Premises, by the COUNTY. Any other utilities, such as telephone or cable television, shall be provided, if at all, at the expense of the CITY. CITY shall be responsible for paying any and all costs of utility connection fees, impact fees, effluent Page 5 of 11 discharge units, or any other costs associated with the placement of utility infrastructure to provide utility services to the Premises. 8 ALTERATIONS AND IMPROVEMENTS. A. Until such time as the CITY takes title to the Premises, no structure or improvements of any kind, whether temporary or permanent, shall be placed upon the land without prior approval in writing by the COUNTY's Administrator (which shall not be unreasonably withheld), a building permit issued by CITY and any permits required by law by any other agency, federal or state. Any such structure or improvements shall be constructed in a good and workmanlike manner. The CITY shall be solely responsible for obtaining all necessary permits and paying impact fees required by any agency and any connection fees required by any utility. B. Portable or temporary advertising signs are prohibited. C. Upon occupancy of the NEW KOTS facility, the CITY shall demolish the existing facility at its own expense. 9 MECHANIC'S LIENS. The CITY shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements on it. If a mechanic's lien is filed, it shall be the sole responsibility of the CITY or its officer, employee, agent, contractor or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend the Department of Juvenile Justice, Monroe County Sheriff's Office, and Monroe County against enforcement of such lien. Pursuant to Section 713.01, Florida Statutes, the liens authorized in Chapter 713, Florida Statutes, do not apply to the COUNTY. 10 RECORDS —ACCESS AND AUDITS. The CITY shall maintain adequate and complete records for a period of four years after termination of this Agreement or as otherwise provided by law. The COUNTY, its officers, employees, agents and contractors shall have access to the CITY's books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the COUNTY shall occur at any reasonable time. 11 RELATIONSHIP OF PARTIES. The CITY is and shall be an independent contractor and not an agent or servant of the COUNTY. The CITY shall exercise control, direction, and supervision over the means and manner that its personnel, contractors and volunteers perform the work for which purpose this Agreement is entered. The CITY shall have no authority whatsoever to act on behalf and/or as agent for the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. The COUNTY shall at no time be legally responsible for any negligence on the part of the CITY, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. Page 6 of 11 12 TAXES. The CITY must pay all taxes and assessments,if any, including any sales or use tax, levied by any government agency with respect to the CITY's operations on the Premises. 13 INSURANCE. The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement. To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. Nothing contained herein shall be deemed to waive the CITY's sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. The CITY agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. 14 CONDITION OF PREMISES. The CITY must keep the Premises in good order and condition. The CITY must promptly repair damage to the Premises. At the end of the term of this Agreement, the CITY must surrender the Premises to the COUNTY in the same good order and condition as the Premises were on the commencement of the term of this agreement, normal wear and tear excepted. The CITY is solely responsible for any improvements to land and appurtenances placed on the Premises. The CITY shall not commit waste on the Premises, nor maintain or permit a nuisance on the Premises. After termination or expiration of this Agreement, the CITY shall pay the COUNTY the cost of any repairs and clean-up necessary to restore the Premises to its condition at the commencement of this Agreement. 15 HOLD HARMLESS. To the extent allowed by law, the CITY is liable for and must fully defend, release, discharge, indemnify and hold harmless the COUNTY, the members of the County Commission, COUNTY officers and employees, and the Sheriff, and Sheriff's Office, and its officers and employees, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type — including investigation and witness costs and expenses and attorney's fees and costs —that arise out of or are attributable to the CITY's operations on the Premises except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the COUNTY. The CITY's purchase of the insurance required under this Agreement does not release or vitiate its obligations under this paragraph. Neither the County nor the CITY waives any of its respective sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. Page 7 of 11 16 NON-DISCRIMINATION. The CITY for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Premises or in the contracting for improvements to the Premises on the basis of race, color gender, or national origin. 17 TERMINATION. The COUNTY may treat the CITY in default and terminate this Agreement upon 90 days written notice,upon failure of the CITY to comply with any provision related to compliance with all laws, rules and regulations, provided CITY is first offered the opportunity to cure any said defaults within a reasonable time after notice of said violation. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. 18 CESSATION OF HOMELESS SAFE ZONE OPERATIONS. If the City has not taken title to the property upon the natural expiration or early termination of this agreement, the operation of a homeless safe zone shall immediately be ceased and all improvements, equipment, and other personal property of the CITY, its officers, employees, contractors, agents, volunteers and invitees shall immediately be removed from the Premises. Any damage to the Premises which has occurred due to the use contemplated under this Agreement shall be immediately repaired and the Premises restored to its original condition. Should the CITY determine to cease operation of the homeless safe zone prior to the natural termination of this agreement, the CITY shall give COUNTY prior written notice of such intended cessation sixty (60) days before the effective date of the cessation of operation. 19 ASSIGNMENT. The CITY may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the COUNTY's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the CITY and the COUNTY. 20. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, the COUNTY and the CITY, whether in effect on commencement of this Agreement or adopted after that date. 21 INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY's responsibility and liability. 22 GOVERNING LAWS/VENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. Page 8 of 11 23 CONSTRUCTION. This Agreement has been carefully reviewed by the CITY and the COUNTY. Therefore, this Agreement is not to be construed against any party of the basis of authorship. 24 NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: CITY: Monroe County Administrator Key West City Manager 1100 Simonton Street 1300 White Street Key West, FL 33040 Key West, FL 33040 25 FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 26 EFFECTIVE DATE. This Agreement will take effect upon the signature of the last party to the agreement. [signatures on next page] Page 9 of 11 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representatives. (SEAL) ATTEST: KEVIN MADOK, MONROE COUNTY BOARD CLERK OF MONROE COUNTY, FLORIDA OF COUNTY COMMISSIONERS By: By: Clerk Mayor Sylvia Murphy (SEAL) ATTEST: CHERYL SMITH, CITY COMMISSION CITY CLERK CITY OF KEY WEST By: By: Clerk Mayor Teri Johnston ACCEPTANCE BY THIRD PARTY BENEFICIARY: The Sheriff of Monroe County does hereby acknowledge that the Monroe County Sheriff's Office is an intended third- party beneficiary of this Agreement, that he has participated in and accepts the terms of this Agreement and that any future objections to the KOTS location as reflected on Exhibit A are waived. MONROE COUNTY SHERIFF'S OFFICE By: Rick Ramsay, Monroe County Sheriff Page 10 of 11 EXHIBIT A SKETCH AND LEGAL DESCRIPTION OF NEW KOTS Page 11 of 11 ........... SKETCH & DESCRIPT]ON IT Keys Ovarnight '11 ems poraq Shelter (KOTS) F'OR 910N OFTIF DEED NUMBi�R, 19725 1 STOCK ISLAND MONROE COLINTY,FLOR0A SURVEY011"S NOIIESI-111 3. Reproduc,Uoims, of t[fls Sketch are not, vahM without the signature and tl,'ie odginafl raised se6 of as Florida Hcensed si,,urveyor and rnapper, 2. No Fifle Opinion or Abstra(,.t 'to the SUbje<:,t., property has been provided, R is possitoe that there arre [) leds, Easements, or rather instrurru�ents (recorded or, unrecorded) w1-ii(,,,h rnay affect Lhe subject property, No searcPfl of the Public Records has been rnride by the Surveyor. 3. The land description s�,,iown l-iereon was prep(�ired by fl-m Surveyor 4., Bearings shown hereon (,ure referenced to the �egal descripflori recorded in C,YfficV Records Book '14,90, Page 291 of the FlubHc Records of Monroe Cc)unir ly, %Hda based on G'did Plorth of the North Arnerican Datu am of 1927' (NAD 27) of 'the f�.]orida State Pkme Coordincte Sys tern willi the north rtght� of----w(jy line of Sunset Marina Road having a bearing of N 63'132'06" E. 5) Dato Sl'Iown hereon was (.-ornpHed frx)rn instr'Urnent(s) of record and does not constitute as oi.indary sur,vey,, 6 bbreviabori Legend: A= Arc Distar,ace, A= Central Angk-, E:---=-- Easting, F�orida Depairtment of Tramsportation, 0.== Hentification, M,C',R, Monroe Cou,mty Records, flAj_j TI] ,= Mean 1rflgh 'flde Line, N:= l�Jor,Mng, P,B.= Mat Book; PG.::::� Page, F-',,0.E3. Pant of Beginning; F',O.Cw .= F�Ioint r°,)f Cornmencernent, R= Rc.xlhjs; R/W Right - of—Way, sq. fl.= square feet, THF,'= 'Frustees of the Internal Improverruent 1rust Fund of the S-tate of Flcwicla, fl U-EREBY Ct'ERTflFY fl,lat fl_, e attoched Ske,,tchi and DescripUon of I'he hero"or,n descxibed p rr operty is a truss rd correct, 'to the best of rny knoMedge and beHef as prepared under rny &ecflon, 1 FUR71-1ER CER"flFY thal' this Sketch and DescrIptlon meets the Standards of Practice set forCh in Chapter 5J-17 FloHda Adrnin!strative Code, Pursli.,mrit to Section 472,027, F liar"Wa StatUtes, ` PY Date: Ptenrbcr 04, 2019 DigftaHy Mgned by Keith M. F orWL; ?s`tk')'n",'No. 5328 C.hee,A-,'TmAt A V1 R 0 SSOUATES, INC,", Date:2019,09.04 1720:06-.041100' LA3, N o, 3300 FIEVISIOINS A VIROU&A SSOC 1A ,P',CAN" . JOB1111" ,11227-2 SURVEYING&MAF1P11VG �6i—E ......iNiA47 1&f E"�:""-- 5043,W 2nd A VENUE,SUITE 102 SOCA PWON, FLORIDA 33432 K C (561;3,92-2W4 / wrNvvAV11?0MSURVFYc*m CsJECKED� K.KDA-T 07M9 AWROM As rC WC,uffr(gUs munved, FB, Nffi, FIG, NIA PAR th�s"ho PmPo W 1111 1,111,5XICIArl-1,MCI SEE. I OFS � � � AdHk || SKETCH&DESCRIPTION Keys Overnight "Temporary Sh It r STOCK i&-AND MONROE COUNW,FLORIDA 0 100 20 rm GRAPHfC SCALE IN FEET Imn 10 1001, I00 �) P Cara #30 r rwavAa 491 E-,?50156,10 0. M r � ` o " w 0 Monroe County P..,. 8C1fJ�-2 a�YA�, w��'"FI1�� SrQJ°k7.�,°.,2 ,5 €7.f7r;7 . �LINEFP-d :z.'F 0 Al 4i 4' =w T11F Parcel I0a 000720 0.-00140 44 MP,w,°.. r RLEVISIONS VIROM&ASSOCIA ,1JOB t 12 ASS MAPPING LE: 1,=100' DATE 091041201 BOCA RATON,FLORIDA 33432 (561)392"254 t MwWAVIROMSURVEYcom E B N/A �'C�. ... 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ITEM BACKGROUND: The County has leased space on the County owned Sheriff's headquarters and jail property to the City of Key West for use as homeless safe zone since 2004, known as the Keys Overnight Temporary Shelter(KOTS). The use eventually resulted in litigation with the neighbors, which was resolved when the City agreed to explore moving KOTS across College Road to the City owned parcel known as the Easter Seals property. After the City Commission determined that the community would be better served by building low income affordable housing on the Easter Seals property, the City asked the County to consider permitting the City to use the current KOTS property to build an improved, code compliant KOTS facility. In September of 2017, the Sheriff received Board approval to pursue housing for his employees in that same space. The Board directed the County Attorney to negotiate with the City and the Sheriff to see if an agreement could be reached. The negotiations produced this proposed agreement. Under the proposed the agreement, the City would deed to the County a deed restricted parcel of property on Trumbo Road in Key West for the purposes of constructing up to 40 units of affordable housing for use by employees of the Sheriff as well as other public safety employees. In exchange, the County would lease to the City for 99 years an expanded portion of the Jail property to include the current portion occupied by KOTS as well as additional property between KOTS and the mangrove shoreline. The agreement contemplates that if, in the future, the City is able to legally accept title to the"new KOTS" property without a referendum, then the County would deed that property over to the City with a deed restriction, limiting the use of the property as a homeless shelter. The deed restriction would alternatively allow the City to build affordable housing on the property should the City determine to discontinue providing a homeless shelter at the KOTS. Construction of affordable housing on the Trumbo property would be the responsibility of the County though the Sheriff has agreed to lead efforts to finance this construction. The Sheriff's staff is already engaged in discussions with community partners to help fund that project. During the period during which the City leases the new KOTS facility from the County, the City would pay Packet Pg. 2405 P.3 nominal rent to the County and the County would continue to provide the City with up to $5,000 towards its utility costs of running KOTS, which it is currently providing. The City would bear the costs of building the new KOTS facility. The agreement calls upon the City and the County to jointly pursue a legislative change to the Land Authority Statute that would clarify that Land Authority funds could be used to help pay for those construction costs. The agreement contemplates that it will take approximately 36 months for the City to build the new KOTS facility. The new facility will be built in the expanded area which is more buffered by mangroves than the current location. The new facility will have an area for the KOTS clients to congregate in prior to opening time, a provision designed to remediate the current practice of clients congregating on properties located along College Road. The City Commission is scheduled to consider the agreement at its September 17, 2019 meeting. If approval of the agreement is delayed, the County Commission will be asked to extend the September 27, 2019 deadline for the City to vacate KOTS until the agreement can be approved by both Boards. PREVIOUS RELEVANT BOCC ACTION: 7/18/19, BOCC extended the deadline for the City to vacate KOTS to 9/27/19. 9/27/17, BOCC voted to authorize staff to start the process to build workforce housing for the Sheriff on KOTS location and directed the City to vacate KOTS by 9/27/18. 3/19/2014, BOCC approved an ILA to permit the City to continue to use County property for KOTS on a month to month basis. 3/18/2009, BOCC approved an ILA to permit the City to use County property for KOTS for five years. 3/17/2004, BOCC approved an ILA to permit the City to use County property for KOTS for five years. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Approval DOCUMENTATION: KOTS Interlocal Agreement Final SECOND REVISED Exhibit A to KOTS Agreement -property sketch 8.30.19 (9 10 19) 11227-2 Legal KOTS with EXHIBIT A2 TO KOTS AGREEMENT Survey of Trumbo Road Vacant Lot to be conveyed to County FINANCIAL IMPACT: Effective Date: Upon adoption on September 18, 2019 Expiration Date: September 17, 2118 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: Packet Pg. 2406 P.3 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes Additional Details: n/a REVIEWED BY: Bob Shillinger Completed 08/30/2019 4:54 PM Bob Shillinger Completed 08/30/2019 4:54 PM Budget and Finance Completed 09/03/2019 8:58 AM Maria Slavik Completed 09/03/2019 11:39 AM Kathy Peters Completed 09/03/2019 12:54 PM Board of County Commissioners Pending 09/18/2019 9:00 AM Packet Pg. 2407 P.3.a KEYS OVERNIGHT TEMPORARY SHELTER (KOTS)AND ESSENTIAL GOVERNMENTAL EMPLOYEE HOUSING INTERLOCAL AGREEMENT This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL, 33040, ("COUNTY"), and the CITY of Key West, a municipal corporation of the State of Florida, whose address is 1300 White Street, Key West, Florida 33040 (the "CITY"). WHEREAS, the COUNTY, in general, and the CITY of Key West, specifically, have a significant population of homeless people; and WHEREAS, CITY and COUNTY have determined that this agreement is in the best interests of the public; and WHEREAS, the COUNTY owns a parcel of land situated on North Stock Island that includes the Premises used hereunder and more particularly described in Exhibit"A"; and WHEREAS, the CITY has operated a homeless shelter known as the Keys Overnight Temporary Shelter ("KOTS") on COUNTY owned property designated for use by the MONROE COUNTY SHERIFF ("SHERIFF") as his headquarters and main jail since 2004; and WHEREAS, the County assisted the City's operation of KOTS by providing land and payment of certain utilities since 2004; and U- WHEREAS,the CITY has requested that KOTS remain on the COUNTY property that also serves as the Headquarters for the SHERIFF and the County Jail; and WHEREAS, Monroe County Sheriff's Office ("SHERIFF"), finds it difficult to recruit and retain personnel due to the high cost of living in Monroe County; and WHEREAS, on September 27, 2017, the Sheriff requested authorization from the E County to build approximately 30 units of housing for his employees on the current site of KOTS; and �e WHEREAS, on September 27, 2017, the COUNTY authorized staff to begin working E with the CITY to develop the property where KOTS is currently located to build employee housing for the SHERIFF; and WHEREAS, on September 27, 2017, the County Commission voted to advise the City that it had one year to vacate the premises of the current KOTS facility; and WHEREAS, on July 18, 2018, the County Commission voted to extend the deadline for the City to vacate the premises until September 27, 2019; and Page 1 of 11 Packet Pg. 2408 P.3.a WHEREAS, the CITY has identified a parcel of CITY owned land on Trumbo Road on which the contemplated units of housing for Sheriff's employees can be built; and WHEREAS, the City has represented to the COUNTY and the SHERIFF that the Trumbo property is in the process of being re-zoned to be eligible for constructing approximately 40 units of affordable housing under the CITY's Land Development Code and Comprehensive Plan; and. WHEREAS, the parties agree that a land swap is the best mechanism to ensure each governmental entity of its ability to achieve its mutual goals of building a new KOTS facility on a suitable location and creating at least 30 units of affordable housing for the Sheriff's employees; and WHEREAS, by approving this agreement, the County Commission rescinds all prior a votes to direct the City to vacate the County's property current KOTS location; and WHEREAS, CITY has agreed to bear the costs of construction of the "NEW KOTS" facility and the County has agreed to bear the costs of removing its sheds from the subject 0 parcel in order to provide the City a site that is ready for the City to build upon; and WHEREAS, Section 7.03(a) of the City Charter authorizes the City to convey City owned property to the County without a referendum; and WHEREAS, Section 1.08 of the City Charter currently requires approval of the voters by referendum for acquisition of real property by any means; and `- WHEREAS, the parties desire to enter into an interlocal agreement that would permit the CITY to use a portion of the COUNTY's Premises as a homeless persons safe zone commonly referred to as KOTS until such time as the City can formally accept conveyance of that portion of property from the County in exchange for a conveyance of the Trumbo property to the COUNTY for use as an affordable housing site for Sheriff's office and other public 2 employees. �s NOW, THEREFORE IT IS AGREED: 1. PROPERTY.The properties covered by this agreement include the following parcels: A. "NEW KOTS" — a parcel of land shown on Exhibit A that is a portion of the parcel where the Monroe County Detention Center and Monroe County Sheriff's Headquarters Building is located. B. "Trumbo Road" — the approximately 1.1 acre of vacant land on Trumbo Road that has a current street address of 250 Trumbo Road, Key West, and parcel number 00001720-000200. Page 2 of 11 Packet Pg. 2409 P.3.a The COUNTY agrees to lease to the CITY for its exclusive use the land designated as "NEW KOTS", hereafter "the Premises," as shown on Exhibit "A," which shall be made available to CITY in a scarified condition free of any existing utility installations or other structures. (Existing City improvements excluded.) 2. DESIGN AND CONSTRUCTION. The parties to this Agreement will work together to design and build at CITY'S sole expense the NEW KOTS facility taking into consideration the concerns of neighboring property owners and will design a staging area and adequate screening and landscaping so as to minimize visual or noise impacts on the neighboring properties. The parties agree that the NEW KOTS facility will be completely fenced and have two gated entrances referred to as a main entrance and a service entrance. Both gated entrances are depicted on Exhibit A. The service entrance shall not be used by KOTS clients or staff except for deliveries or emergencies. 3. SEQUENCE OF ACTIONS. A. Within 90 days of the effective date of this agreement, the CITY shall deed the Trumbo Property to the County free of all liens and encumbrances, in a form acceptable to the County Attorney. The deed shall contain a reversionary clause in favor of the City should the County abandon its intended use as affordable housing for the Sheriff and other public employees. The City's failure to convey the Trumbo property within 90 days of the effective date of this agreement, shall render the agreement void at the discretion of County. Prior to the conveyance the City shall `L r_ record a Declaration of Restriction restricting the use of the property, in perpetuity 0 to workforce affordable housing as defined in Section 122-1465 through 122-122- 1472 of the Land Development Regulations of the City. B. Within 90 days of the effective date of this agreement, a. The COUNTY shall relocate the existing county-owned storage sheds and E related infrastructure that currently exists on the site of the NEW KOTS property depicted in Exhibit A so that the site is suitable for building the NEW KOTS facility. The COUNTY anticipates that it will require no more than six weeks to provide a site that is ready for construction of the NEW E KOTS facility. b. Contemporaneously with or prior to the COUNTY's efforts to clear the site for the NEW KOTS facility, the CITY may commence or complete the design and permitting process for constructing the NEW KOTS. The City shall provide the COUNTY and SHERIFF an opportunity to review and provide input prior to submitting the plans for approval by the City's building and planning departments. Page 3 of 11 Packet Pg. 2410 P.3.a c. The COUNTY may begin the design and permitting process for constructing the affordable housing units on the Trumbo property independent of the design, permitting, and construction of the NEW KOTS facility on the jail property. C. The CITY shall continue to operate the existing KOTS until the NEW KOTS facility is opened and occupied. CITY shall make every reasonable effort to construct the NEW KOTS facility within 36 months of the final execution of this agreement. Both parties acknowledge budgetary funding hurdles remain to be overcome for the construction of NEW KOTS. The parties agree to jointly seek a legislative change to F.S. 380.0666 to insert language that would clearly authorize the use of Land Authority funds to aid in the cost of construction of the NEW KOTS facility. D. Within 60 days of the occupancy of NEW KOTS by the CITY, the CITY shall a demolish the old KOTS facility. E. To the extent allowed by law, the COUNTY agrees to convey the NEW KOTS property to the CITY upon demand when the CITY is legally permitted to take title with or without a referendum, free of any liens and encumbrances in a form acceptable to the City Attorney. The deed shall contain a reversionary clause in favor of the County should the CITY abandon use of the property as a homeless shelter or a site for the construction of affordable housing should CITY determine not to continue to provide a homeless shelter at the NEW KOTS location 4. TERM. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of 99 years commencing as of the 181' day of E September 2019 and ending on the 17 ' day of September, 2118. Should the City acquire ownership of the NEW KOTS property subsequent to the County obtaining ownership of the Trumbo property, the parties will re-evaluate the continuing need for any portions of this agreement at the request of either party. E 5 USE AND CONDITIONS DURING THE LEASEHOLD PERIOD. A. The Premises shall be used for the purposes of providing a homeless safe zone and provision of related services as determined by CITY. No signs of any kind E shall be permitted except within the footprint of the Premises. If the Premises are used for any other purpose, the COUNTY shall have the option of immediately terminating this Agreement. The CITY shall not permit any use of the Premises in any manner that would obstruct or interfere with any COUNTY functions and duties. B. The CITY will further use and occupy the Premises in a careful and proper manner, and not commit any waste thereon. The CITY shall not cause, or allow to be caused, any objectionable activity of any nature on the Premises. Any Page 4 of 11 Packet Pg. 2411 P.3.a activities in any way involving hazardous materials or substances of any kind whatsoever, either as those terms may be defined under any State or Federal laws or regulations or as those terms are understood in common usage, are specifically prohibited. The CITY shall not use or occupy the Premises for any unlawful purpose and will, at the CITY's sole cost and expense, conform to and obey any present or future ordinance and/or rules, regulations,requirements and orders of governmental authorities or agencies respecting the use and occupation of the Premises. C. The CITY shall establish a "No Smoking" zone for that portion of the Premises which is adjacent to the Sheriff's Office propane tanks, according to the requirements of the Fire Marshals of the COUNTY and the CITY. This "No Smoking" zone shall be strictly enforced by the CITY. D. The CITY shall, through its agents and employees,prevent the unauthorized use a of the Premises or the common areas, or any use thereof not in conformance with this Agreement. The CITY shall not permit the Premises to be used or occupied in any manner that will violate any laws or regulations of any applicable governmental authority or entity. E. The CITY, its officers, employees, agents, contractors, volunteers, and invitees shall have the same rights of ingress and egress along the right-of-way routes to the Premises as do other members of the general public. The CITY shall be responsible for ensuring that these common ways of ingress and egress are used by their officers, employees, agents, contractors, volunteers, and invitees in a reasonable and orderly manner,in cooperation with all other occupants and their officers, employees, agents and invitees. The CITY shall conduct itself and will 0 E cause its officers, employees, agents, and invitees to conduct themselves with full regard for the rights, convenience, and welfare of all other users of the public property of which the Premises is a sub-part. c� F. Unless otherwise agreed by separate agreement or amendment to this interlocal 2 agreement, the CITY or its authorized designee shall be solely responsible for E operating the homeless safe zone, including all maintenance, security enforcement of rules and regulations, programs, transportation and any and all �e other aspects of operations. 6. RENT. Until such time as the City lawfully takes title to the NEW KOTS property, the CITY must pay the COUNTY the sum of ten dollars ($10.00) per year, due on the first day of the contract year, payable in advance and remitted to the Monroe County Clerk's Office, 500 Whitehead Street, Key West, FL 33040. 7 UTILITIES. The CITY shall be provided $5,000.00 a year for water, electrical and sewerage utilities at the Premises, by the COUNTY. Any other utilities, such as telephone or cable television, shall be provided, if at all, at the expense of the CITY. CITY shall be responsible for paying any and all costs of utility connection fees, impact fees, effluent Page 5 of 11 Packet Pg. 2412 P.3.a discharge units, or any other costs associated with the placement of utility infrastructure to provide utility services to the Premises. 8 ALTERATIONS AND IMPROVEMENTS. A. Until such time as the CITY takes title to the Premises, no structure or improvements of any kind, whether temporary or permanent, shall be placed upon the land without prior approval in writing by the COUNTY's Administrator (which shall not be unreasonably withheld), a building permit issued by CITY and any permits required by law by any other agency, federal or state. Any such structure or improvements shall be constructed in a good and workmanlike manner. The CITY shall be solely responsible for obtaining all necessary permits and paying impact fees required by any agency and any connection fees required by any utility. B. Portable or temporary advertising signs are prohibited. C. Upon occupancy of the NEW KOTS facility, the CITY shall demolish the existing facility at its own expense. 9 MECHANIC'S LIENS. The CITY shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements on it. If a mechanic's lien is filed, it shall be the sole responsibility of the CITY or its officer, employee, agent, contractor or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend the Department of Juvenile Justice, Monroe County Sheriffs Office, and Monroe County `- r- against enforcement of such lien. Pursuant to Section 713.01, Florida Statutes, the liens 0 authorized in Chapter 713, Florida Statutes, do not apply to the COUNTY. 10 RECORDS — ACCESS AND AUDITS. The CITY shall maintain adequate and complete records for a period of four years after termination of this Agreement or as otherwise provided by law. The COUNTY, its officers, employees, agents and contractors shall have 2 access to the CITY's books, records, and documents related to this Agreement upon request. E The access to and inspection of such books, records, and documents by the COUNTY shall occur at any reasonable time. �e 11 RELATIONSHIP OF PARTIES. The CITY is and shall be an independent contractor and not an agent or servant of the COUNTY. The CITY shall exercise control, direction, and supervision over the means and manner that its personnel, contractors and volunteers perform the work for which purpose this Agreement is entered. The CITY shall have no authority whatsoever to act on behalf and/or as agent for the COUNTY in any promise, agreement or representation other than specifically provided for in this Agreement. The COUNTY shall at no time be legally responsible for any negligence on the part of the CITY, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. Page 6 of 11 Packet Pg. 2413 P.3.a 12 TAXES. The CITY must pay all taxes and assessments,if any, including any sales or use tax, levied by any government agency with respect to the CITY's operations on the Premises. 13 INSURANCE. The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, arising out of the activities governed by this agreement. To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. Nothing contained herein shall be deemed to waive the CITY's sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. The CITY agrees to keep in full force and effect the required insurance coverage during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the COUNTY whenever acquired or amended. 14 CONDITION OF PREMISES. The CITY must keep the Premises in good order LL and condition. The CITY must promptly repair damage to the Premises. At the end of the term of this Agreement, the CITY must surrender the Premises to the COUNTY in the same good 0 E order and condition as the Premises were on the commencement of the term of this agreement, normal wear and tear excepted. The CITY is solely responsible for any improvements to land and appurtenances placed on the Premises. The CITY shall not commit waste on the Premises, nor maintain or permit a nuisance on the Premises. After termination or expiration of this Agreement, the CITY shall pay the COUNTY the cost of any repairs and clean-up necessary to restore the Premises to its condition at the commencement of this Agreement. �s 15 HOLD HARMLESS. To the extent allowed by law, the CITY is liable for and must fully defend, release, discharge, indemnify and hold harmless the COUNTY, the members of the County Commission, COUNTY officers and employees, and the Sheriff, and E E Sheriff's Office, and its officers and employees, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type — including investigation and witness costs and expenses and attorney's fees and costs — that arise out of or are attributable to the CITY's operations on the Premises except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the COUNTY. The CITY's purchase of the insurance required under this Agreement does not release or vitiate its obligations under this paragraph. Neither the County nor the CITY waives any of its respective sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. Page 7 of 11 Packet Pg. 2414 P.3.a 16 NON-DISCRIMINATION. The CITY for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of Premises or in the contracting for improvements to the Premises on the basis of race, color gender, or national origin. 17 TERMINATION. The COUNTY may treat the CITY in default and terminate this Agreement upon 90 days written notice,upon failure of the CITY to comply with any provision related to compliance with all laws, rules and regulations, provided CITY is first offered the opportunity to cure any said defaults within a reasonable time after notice of said violation. Any waiver of any breach of covenants herein contained shall not be deemed to be a continuing waiver and shall not operate to bar either party from declaring a forfeiture for any succeeding breach either of the same conditions or covenants or otherwise. a E 18 CESSATION OF HOMELESS SAFE ZONE OPERATIONS. If the City has not taken title to the property upon the natural expiration or early termination of this agreement, the operation of a homeless safe zone shall immediately be ceased and all improvements, 0 equipment, and other personal property of the CITY, its officers, employees, contractors, agents, volunteers and invitees shall immediately be removed from the Premises. Any damage to the Premises which has occurred due to the use contemplated under this Agreement shall be immediately repaired and the Premises restored to its original condition. Should the CITY determine to cease operation of the homeless safe zone prior to the natural termination of this agreement, the CITY shall give COUNTY prior written notice of such intended cessation sixty (60) days before the effective date of the cessation of operation. 19 ASSIGNMENT. The CITY may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the approval of the COUNTY's Board of County Commissioners. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the CITY and the COUNTY. 20. SUBORDINATION. This Agreement is subordinate to the laws and regulations E of the United States, the State of Florida, the COUNTY and the CITY, whether in effect on commencement of this Agreement or adopted after that date. �e 21 INCONSISTENCY. If any item, condition or obligation of this Agreement is E in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the COUNTY's responsibility and liability. 22 GOVERNING LAWSNENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. Page 8 of 11 Packet Pg. 2415 P.3.a 23 CONSTRUCTION. This Agreement has been carefully reviewed by the CITY and the COUNTY. Therefore, this Agreement is not to be construed against any party of the basis of authorship. 24 NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: COUNTY: CITY: Monroe County Administrator Key West City Manager 1100 Simonton Street 1300 White Street Key West, FL 33040 Key West, FL 33040 25 FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 26 EFFECTIVE DATE. This Agreement will take effect upon the signature of the last party to the agreement. 0 0 E [signatures on next page] E Page 9 of 11 Packet Pg. 2416 P.3.a IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representatives. (SEAL) ATTEST: KEVIN MADOK, MONROE COUNTY BOARD CLERK OF MONROE COUNTY, FLORIDA OF COUNTY COMMISSIONERS 3 By: By. Clerk Mayor Sylvia Murphy (SEAL) ATTEST: CHERYL SMITH, CITY COMMISSION CITY CLERK CITY OF KEY WEST > 0 By: By. Clerk Mayor Teri Johnston ACCEPTANCE BY THIRD PARTY BENEFICIARY: The Sheriff of Monroe County does hereby acknowledge that the Monroe County Sheriff's Office is an intended third- party beneficiary of this Agreement, that he has participated in and accepts the terms of this Agreement and that any future objections to the KOTS location as reflected on Exhibit A are waived. E cas MONROE COUNTY SHERIFF'S OFFICE By: Rick Ramsay, Monroe County Sheriff Page 10 of 11 Packet Pg. 2417 P.3.a A TTA CHMENT- EXHIBIT A - "NE W KOTS" SUR VEY MAP 0 CL CL r_ 0 cm Page 11 of 11 Packet Pg. 2418 SKETCH & DESCRIPTION Keys Overnight Temporary Shelter(KOTS) PORTION OF TIIF DEED NUMBER 19725 STOCK ISLAND MONROE COUNTY,FLORIDA E SURVEYOR'S, NOTES: 1 Reproductions of this Sketch are not valid without the signature and the originalR raised seal of a Florida licensed surveyor and mapper. > 2. No Title Opinion or Abstract to the subject property has been provided. it is 0 possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are referenced to the legal description recorded in Official Records Book 1490, Page 291 of the Public Records of Monroe County, Florida based on Grid North of the North American Datum of 1927 (NAD 27) of the Florida State Plane Coordinate System with the north right—of—way line of Sunset Marina Road having a bearing of N 63*32'06" E. 5. Data shown hereon was compiled from instrument(s) of record and does not 00 constitute a boundary survey. 6. Abbreviation Legend: A= Arc Distance, A= Central Angle, E= Easting, F.D.O.T.= 'D 19 Florida Department of Transportation, ID.= Identification, M.C.R.= Monroe County U) Records, MHTL= Mean High Tide Line, N= Northing, P.B.= Plot Book; PG.= Page; P.O.B. Point of Beginning; P.O.C. = Point of Commencement, R= Radius; R/W 0 Right—of—Way; sq. ft.= square feet, TIIF= Trustees of the Internal Improvement 8. Trust Fund of the State of Florida. E CERTIFICATION: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described 0 property is true and correct to the best of my knowledge and belief as prepared o under my direction. I FURTHER CERTIFY that this Sketch and Description meets the < Standards of Practice set forth in Chapter 5J-17, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. W W (n Date: September 04, 2019 W KEIT �UH,Er--c[A—'TOW, P.L.S. Digitally signed by Keith M. .- Floridan "Z #tldn 'No. 5328 z 0 ASSOCIATES, INC. Chee-A-Tow A IRO Date:2019.09.04 17:20:06-04'00 L.B. No. 330`0 : REVISIONS A VIROM&ASSOCIATES,INC. JOB# 112272 A380 SURVEYING&MAPPING SCALE: N/A — E DATE: 09104/2019 50 S.W.2nd AVENUE,SUITE 102 BOCA RATON,FLORIDA 33432 BY: K.C. (561)392-2594/ www.AVIROMSURVEY.com CHECKED: K.M.C-A-TTA�L < /SHED 0 2019 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. NIA This sketch is Me �ROWM&A W wflgr and should not bePr=u(VoVr t��stoo. I SHEET: I OFS I EXHIBIT A. TO KOTS AGREEMENT Packet Pg. 2419 P.3.b SKETCH & DESCRIPTION Keys Overnight Temporary Shelter (KOTS) PORTION OF TIIF DEED NUMBER 19725 STOCK ISLAND MONROE COUNTY, FLORIDA LEGAL DESCRIPTION: A parcel of land being a portion of land as described in Official Records Book 1490, Page 291 of the Public Records of Monroe County, formerly submerged in the Bay of Florida, being a part of the Trustees of the Internal Improvement Trust Fund of the State of Florida (TIIF) Deed Number 19725, said parcel being in Section 27, Township 67 South, Range 25 East in Monroe County, Florida being more particularly described by metes and bounds as follows: 0.0. COMMENCE at the Point of Beginning (Point #9) of said parcel of land as described in said Public Records having coordinates of N=89066.35' & E=250957.42', (said coordinates based on Grid North of the North American Datum of 1927 - NAD 27) with all subsequent coordinates -T being referenced thereto; thence S 63°32'06" E for a distance of 47.66 feet to Point #32 (N=89045.11' & E=251000.08') being the westerly and curved right of way line of Junior College Road (now College Road as laid out and currently in use); said curve being concave to the southeast and having a radius of 984.84 feet; thence northeasterly along the said curved right of way line for an arc distance of 66.04 feet to Point #31 (N=89098.I3' & E=251039.42'); thence N 63°32'06" W for a distance of 316.58 feet to Point #30 (N=89239.22' & E=250756.02'); thence S 40°23'19" W for a distance of 157.23 feet to Point #29 (N=89119.46' & E=250654.14'); thence N 56°50'29" W for a distance of 483.59 fee to Point #28 (N=89383.96' & E=250249.30'); thence S 74°46'08" W for a distance of 80.26 feet to Point t� #27 (N=89362.88' & E=250171.86') and the POINT OF BEGINNING of the described parcel; thence S 43°21'06" E a distance of 44.02 feet; thence S 31°20'02" W a distance of 5.17 feet; thence S 45°01'05" W a distance of 14.62 feet; thence N 44°51'01" W a distance of 166.36 "D. feet; thence S 45°08'59" W a distance of 28.30 feet; thence N 42°07'31" W a distance of 52.20 feet; thence S 49°22'22" W a distance of 69.17 feet; thence N 40°56'30" W a distance E of 110.21 feet; thence S 49°19'57" W a distance of 43.48 feet; thence N 40°40'03" W a distance of 75.03 feet; thence N 14°10'00" E a distance of 47.99 feet; thence N 40°09'54" W a distance of 72.63 feet to the Approximate Mean High Tide Line of Florida Bay (MHTL) and the boundary as described in said Public Records; thence along said boundary as described in said Public Records for the next four courses and distances: N 38°26'33" E a distance of 93.87 feet to Point #24 (N=89695.I4' & E=249833.32'); thence S 52°04'36" E a distance of 195.00 feet to Point #25 (N=89575.29' & E=249987.14'); thence S 13°16'39" W a distance of 22.30 feet to Point #26 (N=89553.59' & E=249982.02'); thence S 44°52'02" E a distance of 269.09 feet; to Point #27 (N=89362.88' & E=250171.86') and the POINT OF BEGINNING. Said lands lying and being in Section 27, Township 67 South, Range 25 East on Stock Island, Monroe County, Florida containing 42,593.06 square feet (0.978 acre) more or less. U (s REVISIONS AVIROM&ASSOCIATES, INC. JOB#: 11227-2 &ASSOe SURVEYING & MAPPING SCALE: N/A O DATE: 09/04/2019 9� 50 S.W. 2nd AVENUE, SUITE 102 a y BOCA RATON, FLORIDA 33432 BY: K.C. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: K.M.C-A-T �STgBLISHED�9a1 ©2019 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET; Packet Pg. 2420 P.3.b SKETCH & DESCRIPTION Keys Overnight Temporary Shelter (KOTS) PORTION OF TIIF DEED NUMBER 19725 STOCK ISLAND MONROE COUNTY, FLORIDA 0 100 200 GRAPHIC SCALE IN FEET FLORIDA BAY 1"= 100' OWNER: Sunset Marina LLC Parcel ID:00072080-001400 CL MHTL .� 9s 0 AL1022.30' A AO R •S 13"16'39" W �� j► I� ° S q Ls O N ti 9.. • �a°°a a a aaaaaaaaa°° 190� �'s+ o s 2083 <<C g� z MHTL L8 ��.° �?� �000 ?a 700 � L7 ° ... F ° ° ° ° 110 21 P.O.B. 00 Po1NT #27 C- N 40*56'30" W L5 ?6,9 N-89362SS POINT #28 ca N_ L4 '�� E=250171.86 N=89383 96 L6 MHTL E=210299.30 f9 < a Ja 6 —19 pv L1 sO2g„ 0 �� °° 1- MHTL OWNER: ,, L2 CL 0 Monroe County L3 Parcel ID:00072080-000101 MHTL LINE BEARING DISTANCE L1 S 43'21 06 E 44.02 n O o � L2 S 31'20'02" W 5.17' z L3 S 45'01'05" W 14.62' REMAINING PORTION OF. = o L4 S 45'08'59" W 28.30' r- L5 N 42'07'31" W 52.20' Trustees of the Internal z L6 S 49'22'22" W 69.17' Improvement Trust Fund of the m L7 S 49'19'57" W 43.48' State of Florida (TIIF) Deed i FLORIDA BAY 2 L8 N 40'40'03" W 75.03' Number 19725 m W o c L9 N 14'10'00" E 47.99' ti L10 IN 40'09'54" W 1 72.63' m m y MHTL MATCH LINE(SEE SHEET 5) (s REVISIONS AVIROM&ASSOCIATES, INC. ,JOB#: 11227-2 &Assoo SURVEYING & MAPPING SCALE: 1"=100' O DATE: 09/04/2019 9� 50 S.W. 2nd AVENUE, SUITE 102 a y BOCA RATON, FLORIDA 33432 BY: K.C. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: K.M.C-A-T Fs.4 /SHED 19 ©2019 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. $HEFT; Packet Pg. 2421 P.3.b SKETCH & DESCRIPTION Keys Overnight Temporary Shelter (KOTS) PORTION OF TIIF DEED NUMBER 19725 STOCK ISLAND MONROE COUNTY, FLORIDA n A z 0 100 200 yGRAPHIC SCALE IN FEET Rmj 1"= 100' .� Cn m Sr0 m c��s a� O 0 00�2044 01tij POINT #30 pQr 0*' E- a5602oo z57 ee/ 4 F,,. 0�o 4 000 16—,0,20N 00R5OWNER: 0�1 , ca Monroe Count/ Parcel 0:00072080-000101 ��°� U REMAINING PORTION OF. 1W1 1 N 833 Ton MgR/N 3'1s81 P019o9873 5L Trustees of the Internal P09;,946 o� w '4 E=z5/939.9z CL Improvement Trust Fund E-250654 R�14AD WEST R/W L/A of the State of Florida °6�8. �> = 03 50 3 1 5 6g- = ' 0'3 " A (TIIF) Deed Number 19725 P.O.C. s�332o A- 6604' �# F POINT #32 ��. POINT #9 N=890 11 O MATCH LINE ��E E-25o957 z E=25700��8 Q QZ (SEE SHEET 5) ��UUDDUUyUU>llll�ll/I/OGOOOiS ��UUDDUUyUU>llll�ll/I/OGOOOiS ��UUDDUUyUUUUIIA �� ( 24124' S 56'13'32" W OWNER: TIIF o� Parcel ID:00072080— 001403 w IV > w MH TL U (n REVISIONS AVIROM&ASSOCIATES, INC. ,JOB#: 11227-2 &ASSO SURVEYING & MAPPING SCALE: 1"=100' O DATE: 09/04/2019 9� 50 S.W. 2nd AVENUE, SUITE 102 a y BOCA RATON, FLORIDA 33432 BY: K.C. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: K.M.C-A-T Fs.4 /SHED 19g1 ©2019 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET; Packet Pg. 2422 P.3.b SKETCH & DESCRIPTION Keys Overnight Temporary Shelter (KOTS) PORTION OF TIIF DEED NUMBER 19725 STOCK ISLAND MATCH LINE(SEE SHEET 3) MONROE COUNTY, FLORIDA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIll111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%9� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%% IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)ID))U)JUJJJ/D//d0//%%%/� IIIII11111D)IDk -Z 241,24'�� E o S 56'1332" W M r1n n O MHTL ti 0 � OWNER: Z Z > Monroe County Z IV C �o Parcel 0:00072080-000101 s� MHTL REMAINING PORTION OF- Trustees of the Internal Improvement MHTL Trust Fund of the State of Florida (TIIF) W Deed Number 19725 MHTL s oH � c �✓S GY 2>. MHTL i81 S)„ MHTL 790 MHTL 0- ,38 5`l 5` 5 0 2 FLORIDA BAY x 0 100 200 GRAPHIC SCALE IN FEET > 1"= 100' U (n REVISIONS AVIROM&ASSOCIATES, INC. ,JOB#: 11227-2 &ASSO SURVEYING & MAPPING SCALE: 1"=100' O DATE: 09/04/2019 9� 50 S.W. 2nd AVENUE, SUITE 102 a y BOCA RATON, FLORIDA 33432 BY: K.C. (561)392-2594 / www.AVIROMSURVEYcom CHECKED: K.M.C-A-T PSTgeL/SHED�9g1 ©2019 AVIROM&ASSOCIATES,INC.all rights reserved. F.B. NIA PG. N/A This sketch is the property of AVIROM&ASSOCIATES,INC. and should not be reproduced or copied without written permission. SHEET: Packet Pg. 2423 P.3.c LEGAL DESCRIPTION a A parcel of land being a portion of land as described in Official Records Book 1490, Page 291 of the Public Records of Monroe County, formerly submerged in the Bay of Florida, and being a part of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIIF) Deed Number 19725, and said parcel being in Section 27, Township 67 South, Range 25 East and in Monroe County, Florida; and said parcel being more particularly described by metes and bounds as follows: COMMENCE at the Point of Beginning (Point #9) of said parcel of land as described in said Public Records having coordinates of N=89066.35' &E=250957.42', (said coordinates based on 0 Grid North of the North American Datum of 1927 — NAD 27) with all subsequent coordinates being referenced thereto; thence S 63 32'06" E for a distance of 47.66 feet to Point #32 (N=89045.11' & E=251000.08') being the westerly and curved right of way line of Junior 2 a� College Road (now College Road as laid out and currently in use); said curve being concave to the southeast and having a radius of 984.84 feet; thence northeasterly along the said curved right z of way line for an arc distance of 66.04 feet to Point#31 (N=89098.13' &E=251039.42'); thence w N 63 32'06" W for a distance of 316.58 feet to Point #30 (N=89239.22' & E=250756.02'); thence S 40 23'19"W for a distance of 157.23 feet to Point#29(N=89119.46' &E=250654.14'); thence N 56 50'29"W for a distance of 483.59 fee to Point#28 (N=89383.96' &E=250249.30'); thence S 74 46'08" W for a distance of 80.26 feet to Point#27 (N=89362.88' & E=250171.86') N and the POINT OF BEGINNING of the described parcel; thence S 43°21'06" E a distance of co 44.02 feet; thence S 31°20'02" W a distance of 5.17 feet; thence S 45°01'05" W a distance of Y X 14.62 feet; thence N 44°5l'O1" W a distance of 166.36 feet; thence S 45°08'59" W a distance of 28.30 feet; thence N 42°07'31" W a distance of 52.20 feet; thence S 49°22'22" W a distance of W 69.17 feet; thence N 40°56'30" W a distance of 110.21 feet; thence S 49°19'57" W a distance of 43.48 feet; thence N 40°40'03" W a distance of 75.03 feet; thence N 14°10'00" E a distance of as 47.99 feet; thence N 40°09'54" W a distance of 72.63 feet to the Approximate Mean High Tide N Line of Florida Bay (MHTL) and the boundary as described in said Public Records; thence along N said boundary as described in said Public Records for the next four courses and distances: N 38°26'33" E a distance of 93.87 feet to Point#24 (N=89695.14' & E=249833.32'); thence S 52°04'36" E a distance of 195.00 feet to Point#25 (N=89575.29' & E=249987.14'); EXHIBIT A2 TO KOTS AGREEMENT Page 1 of 2 Packet Pg. 2424 P.3.c thence S 13°16'39" W a distance of 22.30 feet to Point#26 (N=89553.59' & E=249982.02'); thence S 44°52'02" E a distance of 269.09 feet; to Point#27 (N=89362.88' &E=250171.86') and the POINT OF BEGINNING. Said lands lying and being in Section 27, Township 67 South, Range 25 East on Stock Island, Monroe County, Florida containing 42,593.06 square feet(0.978 acre) more or less. E 0 CL CL a� a� cv a cv cv cv Page 2 of 2 Packet Pg. 2425 pm..s vos�vos,wwwoas uoH is..o,eenl Nuno�o,po.woo�oq o,n�ws�on vson ogwwi�o.twns:,wwy�ouv 00£000-MZ W000'0'113MVd ld',kiNflOO 30bNOW d0 O&OS8 00HOS iMUSIO —ex,d esd �� 10 OM H1flOS <Ilo �o Wl0009 No - �, ao� Hinos W loo OOZ w - M H' wz3zO (n O - - m O r Vo - w O Ow H KK� O °z¢a� 0 o J O w�Q yQ_ x LL. O w w - sv H w U O In d w N rl- a p Q Z a Z uj p o Lu Q AO w �I Q o l/(I F = o x U W O U LL o� Q p Q LL w > �- o — ° w ItO w O o � z �� w W % 0 0 O O J o � `o II I ~ C") 0¢ LL N a COUwo ¢ x l C) ofNF �& 0 w w d > w w�p� O�ao �I - w w UZ o E181 Ivao �—1 11N �'� Oo d' tl31tltlVHIIIVM w 4. �I / x �'� �+ 3ivs� id13W 3oN3�rNn wvtio o� WOE b9E H1bON MMA 31S o W�00 09Z (MM,69'90 ami 08Nmi == oN O d° z �o 1-0 o I 1H0181S3M AD oo owoa° o w0 ¢ X W00 oQ ,gy xS a° ¢ � wcow o a 9, x CwJ7 U w0 cl LU N o 0. 3 p �K ! tl Ysi ;!v , z o x C7 cc ¢ = w w o 0 4 k A�ppl cD z c[ w w a" 5 :y •�� w ¢ w z ¢ m w w z O N }F �. WHO z z w z s ° z� a p Q 0 p � t o o zc rvp Waow o yN z N p�0 Ww g z ao� MC7 F- � ` 0 wo zz o_ z � m o Oz OOpN pQT, Z �, o ¢ z o O 0 0 Lu�0 V F LL'=7 °a _z U LL -MI. - �� LL O o i x m z z w O 7 I �z Z p a °o - 4 w � O a � � zU N 0 z � Ct og m W oap 0 0 ,.r WJ zw oc¢n ¢S cJc om¢¢ ¢ o t0o0- a0N NO o � �f f # U OcOc oo o Q o g Zd Oz0e zw 0en wz ZOQ RJE 0 0>0- Nv Z NrnF m oOO W LFol ZmoW o �o [ J z u)o c-D g o w 0 om ¢Z U o o�ap pp sw p9 J cu z ¢ ~ O ¢ o cD EL E s 06 w a N o � ¢ � F -0N U>Wo W ~ s U O m Z 0 0 op z J z o Y�@ S LLN w �0a ° . ow i o owzR wW C7 0Qo 3 11 0 7�S0 �.° dwv o o w U € a =- > > i ¢ oo wo p� o w p 0 of-R p F o s U00=pQ ` oOf� o ° o D w Dp s -w iL o NO aw<p Z 0. o 0 0 z °0° - � � R -- o a w - ---3oa i >o y a p° _ - 3 - Itr=m - �� o m _ 0 ow W w p p z aQa9w z�° - - �w� m0000 - ��z= �� =� m� wB�® ®w 0 oz