Item C25 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 20, 2014 Division: PW/ENG(Facilities Maintenance)
Bulk Item: Yes XX No Staff Contact Person: Dent Pierce/305-292-4550
AGENDA ITEM WORDING: Approval of the first amendment to the Key West Art and Historical
Society(KWAHS) lease to allow KWAHS to conduct fundraising activities.
ITEM BACKGROUND: The KWAHS leases the East Martello tower from the county. The lease
provides for the "use of said premises as an historical museum and art gallery" and prohibits
"improper" or "offensive" use of said premises. The lease is silent as to whether the KWAHS can
conduct fundraising activities on the premises. The lease also requires that the KWAHS perform
routine maintenance on the property. Since fundraising activities fall outside the strictures for the use
of the premises as an historical museum and art gallery, this amendment will give KWAHS the ability
to raise the revenue needed to maintain the premises.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original lease dated April 8, 1998.
CONTRACT/AGREEMENT CHANGES:
Allows KWAHS to conduct fundraising activities. Requires KWAHS to submit a proposal of the
activity to the Director of Airports for review and approval by the county.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: O SOURCE OF FUNDS:_ N/A
REVENUE PRODUCING: Yes ,XX_ No AMOUNT PER MONTH YEAR $1.00
All O ED : County Atty OMB/Purchasing J Risk Managements.
DOCUMENTATION• Included XX Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Art&Historical Contract#
Society(KWAHS) Effective Date:
Expiration Date:
Contract Purpose/Description: First Amendment to Lease Agreement to allow KWAHS to
conduct fundraising activities at East Martello Tower
Contract Manager: AlicewSteryouu 4549 Fac Maint. #4
(Name) (Ext.) (Department/Stop#)
for BOCC meeting on August 20, 2014 A ends Deadline: Au st 5, 2014
CONTRACT COSTS
Total Dollar Value of Contract: $ -0- Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Code:
Grant: $
.....
t $_� _.
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr. For:
t included in dollar value<��b v�e .° n a�rakeirarace, ritrlika�es„janitorial, salaries,e c
CONTRACT REVIEW
Changes Date Out
Date l NeededReviewer
Division Director Yes d
❑No 2
l isle Management h I "peso No
O.M.B./PurchasingN-5-Al Yes❑Nog L(
County Attorney 8/5/14 Yes[—]No® Pedro Mercado 08/05/14
Comments: ITIT.....�ITIT�ITITIT�ITIT
AMENDENT TO LEASE AGREEMENT
KEY WEST ART AND HISTORICAL SOCIETY
MONROECOUNTY
THIS AMENDMENT (hereafter Amendment) is made and entered into this 20th day of
August,2014,by and between Monroe County, a political subdivision of the State of Florida,whose
address is 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY" or "LESSOR"),
and Key West Art and Historical Society, a non-profit corporation organized under and existing
under the laws of the State of Florida, whose address is 3501 S. Roosevelt Blvd., Key West, FL
33040(hereinafter"TENANT"or"LESSEE").
WHEREAS, on the 8th day of April 1998,the LESSEE and the COUNTY entered in to a 20
year lease (hereinafter Original Lease) for the premises known as the East Martello Tower; and
WHEREAS, under the terms of the Original Lease LESSEE is required to maintain
insurance on the premises and pay for any and all charges for ordinary maintenance and care of the
premise; and
WHEREAS, LESSEE desires to hold fundraising events on the premises to generate the
funds required to meet there obligations under the terms of the Original Lease; and
AREAS, the Original Lease is silent as to LESSEE's ability to host fundraising events
on the premises; and
WHEREAS, the COUNTY has no objection to the LESSEE holding fundraising events on
the premises and the parties desire to update the lease to allow LESSEE to host fundraising events,
now,therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations,the parties agree as follows:
SECTION 1. The original agreement is amended to add paragraph"l l"and shall read as follows:
11. Upon written approval from the Director of Airports or his designee LESSEE may hold
fundraising events on the premises. To obtain approval, LESSEE shall submit a proposal no
later than 30 days prior to the fundraising event. The proposal shall provide a description of
the event and an estimate of the number of attendees expected at the event. The proposal
shall also address parking, traffic control and security needs and include LESSEE's plan for
providing for these needs. The COUNTY will review the proposal and, at its discretion, may
either approve or disapprove the event in writing.
SECTION 2. In all other respects, the original agreement dated April 8, 1998 not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
duplicate by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor Sylvia Murphy
Date
(CORPORATE SEAL)
ATTEST: KEY WEST ART AND HISTORICAL SOCIETY
By By
Witness Mic ael F. Gieda, Executive Director
Date
M N OE COUN ATTO �NEY
P UED
PEDRO ERCA O
AS
to .....� __. . _� m...
2
LEASE
THIS INDENTURE, made and entered into, in duplicate, this S day of A.D.
1998, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of
Florida, hereinafter called the Lessor or Airport Owner, which terms shall include its legal representatives,
successors and assigns wherever the context so requires or admits, of the first part, and KEY WEST ART AND
HISTORICAL SOCIETY, 3501 S. Roosevelt Boulevard, Key West, Florida, a non-profit corporation organized
and existing under the laws of the State of Florida, hereinafter called the Lessee or Tenants, which terms
shall include its legal representatives, successors and assigns wherever the context so requires or admits, of
the second part,
3
WITNESSETH, that the Lessor by these presents leases unto said Lessee the foil ina de*0bec
premises, situate, lying and being in the City of Key West, County of Monroe, and Statridc �or
vr,•
particularly described in Exhibits A and A l,which are attached and incorporated into thisg M. ::a
7.0
TO HAVE AND TO HOLD the premises as aforesaid unto the said Lessee from th� ayj A�j
A.D. 1998, for a term of twenty (20) years then next ensuing, said lease being under the follow g tells ca
conditions:
1. The Lessee yielding and paying unto the said Lessor the total rental of Twenty Dollars
($20.00) for the term of twenty (20) years, said sum to be payable as follows:
a. $1.00 payable upon the execution and delivery of this Lease, which sum is to
cover the yearly rental for the first year of this Lease, and $1.00 on the 8th day of
April, A.D. 1999, and $1.00 on the 8th day of April each and every year during the
remainder of the term of this lease.
2. It s further understood and agreed by and between the Lessor and the Lessee that the
Lessee will:
a. Use said premises as an historical museum and art gallery.
b. Pay the rent herein reserved at the time and in the manner as stated herein.
C. Make no improper, unlawful or offensive use of said premises.
d. Will pay any and all charges for ordinary maintenance and care of the premises,
but the County shall from time to time pay for and make any major repairs that it
may deem advisable to the premises.
e. Permit the Lessor or its agent to enter upon the leased premises at all reasonable
times for the purpose of viewing and inspecting the condition thereof.
f. During the term of this lease take out the necessary liability insurance described in
Exhibit B which is attached and incorporated into this lease agreement to save
and keep the Lessor harmless against any and all liability resulting from injuries to
person or property on or about the leased premises by reason of its occupancy or
use thereof.
g. At the expiration of the term of this lease,without demand, quietly and peaceably
deliver up full possession of said premises in as good condition as they now are,
damage or destruction by fire and the elements only excepted.
3. The Lessor hereby covenants with the Lessee upon the performance by the Lessee of the
covenants and agreements hereinbefore'set forth that the Lessor will permit the Lessee to quietly hold and
enjoy the demised premises without any interruptions by the Lessor or by any person or persons claiming by,
through or under it.
4. It is mutually understood, covenanted and agreed by and between the parties hereto as
follows:
a. That default on the part of the Lessee for a period of thirty (30) days in making any
of the payments of rent herein reserved from the date the same shall severally
become due and payable shall immediately and thereupon terminate any and
all of he rights of the Lessee under this lease.
5. It is further mutually understood, covenanted and agreed by and between the parties
hereto that, in the event the Lessee ceases to operate an historical museum and art gallery, then and in
that event this lease shall become null and void and of no force and effect.
6. It is mutually understood and agreed by the Lessor and Lessee that if during the term
hereof, the demised premises or any part thereof shall be required by Lessor for any lawful purpose,
particularly including she use thereof for County purposes, or airport purposes, then, and in that event, the
Lessor may, upon thirty (30) days,written notice to Lessee, terminate this Agreement and said property shall
be delivered upon to the Lessor in the same condition as it now is.
8. The Tenant for himself, his personal representatives, successors in interest, and assigns, as a
part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of
race, color, or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing of services thereon, no person on the grounds
of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other
2
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally-assisted programs
of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall
have the right to terminate the lease and to re--enter and as if said lease had never been made or issued.
The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, part 21 are
followed and completed including exercise of expiration of appeal rights.
9. It shall be a condition of this lease, that the Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the real property hereinafter described, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for
navigation or of flight in the said airspace, and for use of said airspace for landing on, taking off from or
operating on the airport.
That the Tenant expressly agrees for itself, it successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations, part 77.
That the Lessee expressly agrees for itself, it successors and assigns, to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
10. This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the Airport Owner acquired the subject property
from the United States of America and shall be given only such effect as will not conflict or be inconsistent
with the terms and conditions contained in the lease of said lands from the Airport Owner, and any existing
or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have
been, or may hereafter be adopted by the airport Owner pertaining to the Key West International Airport,
including any ordinance, rule or regulation concerning mandatory insurance requirements for tenants at
the Key West International Airport.
3
IN WITNESS WHEREOF, the party of the first part has caused these presents to be signed in its name
by the Chairman of its Board of County Commissioners and its seal to be affixed, attested by the Clerk of
the Circuit Court of the Sixteenth Judicial Circuit of Florida, in and for Monroe County and ex officio Clerk
of the Board of County Commissioners of Monroe County, Florida, and the party of the second part has
caused these presents to be signed in its name by its President and attested to by its Secretary in duplicate,
all as of the q1�4 day of �, A.D. 1998.
3� *{1t� F
$4 7'71�ST: Danny L. Kolhage, Clerk CO T OF MO ROE, ST F FLORIDA
By . By
- emu.
De uty CI ay r/Chairman of the Board of
County Commissioners of Monroe
County, Florida
(SEAL)
ATTEST: KEY JW =AND HISTO a O IEfY
gy gy �-,
Sec/ ary President
art&hist.doc
APPROVED AS To FORM
AN LS
O
ROBERT N. V�
DATE
4
EXHIBIT 'A'
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EXHIBIT A - 1
Commeneing at the intersection of the Easterly
property line of Meacham Field and the Northerly
11/1•1 line of SC.uth Roosc:v`lt ;;'m:levar�3,, both as
existing January 5 , 1956 ; thence S 08057 ' 40" W
afoul, said Northerly R/11 line , 596 . 11 feet to
the POINT Of BEGINNING; thence N 24001' 10" 14 °
129 . 22 feet ; . thence N 58035 ' 40" 14, 156 . 15 feet ;
thence S 58005 ' 00" 1-1, 225 . 90 feet ; thence -S
04012 ' 20" 1.1 142 . 912 feet, to the Northerly R/W
line of South Roosevelt Boulevard; thence in an
Easterly direction alone; said Northerly R/1.1 line
394 . 6 feet, more or less , , to the Point of Begin-
ninU-.
A parcel -of land being a part of East Martello
Towers rectarded in Plat Book 1 Ott Pare 31 of
the Public Records of Monroe County;. Florida,
and 'said Marcel lying Easterly and adjacent
to the parcel of *land leased to the Key West
Art and Historical Society, and being more
particularly described as follows :
(:uttunettctt .tt: a point being the ntosL S0UL11easter1y
point of ::.tic) IM i•C c 1. o 1: .Lattcl l.c!.t,cal Lo Lhc Key
West Art and Ilistoeic:rl: Society. 'thence
ICI 69051' 24" East along the Northwesterly right
of way of Voos.evc:lt Boulevard for: a distance of
170 [cot (:o a point . 'Thence N 030,59 ' 32" West:
for n dis;L.tnL!L! of 1.66 feet to a point. Thencc
S .86o00' 2il" West for a distance of 325 feet inore
or less: to .a 'point. Thence S 58035 ' 40" East for
a c1i.stance of 1.56 . 15 feet- to <t point. Thence
S 21c)02 ' 20" rast for a' distance of 129 . 22 feet
back to the point of beginning.
EXHIBIT `B'
INSURANCE
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Organizations/Individuals
Leasing County-Owned
Property
Prior to the Organization or Individual taking possession of the property owned by the County,
or commencing its concessionaire operations, the Organization/Individual shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
lease/rental agreement.
The Organization/Individual will not be permitted to occupy or use the property until satisfactory
evidence of the required insurance has been furnished to the County as specified below.
The Organization/Individual shall maintain the required insurance throughout the entire term of
this lease/rental agreement and any extensions specified in the attached schedules. Failure to
comply with this provision may result in the immediate termination of the lease/rental agreement
and the return of all property owned by the County.
The Organization/Individual shall provide, to the County, as satisfactory evidence of the required
insurance, either:
• 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 this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Organization/Individual's insurance shall not be construed
as relieving the Organization/Individual from any liability or obligation assumed under this
contract 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.
Administration Instruction
tt 4709.2 28
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY
OWNED BY THE COUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
• Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Administration Instruction
44709.2 30
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
CONTRACT FOR
BETWEEN
MONROE COUNTY,FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC1
Administration Instruction
#4709.2
88
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for Organizations/Individuals
Leasing County-Owned Property
The Organization/Individual 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 the Organization/Individual utilizing the property governed by
this lease/rental agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
PROP
Administration Instruction
#4709.2 101