Item N10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 21, 2000
Division: County Attorney
AGENDA ITEM WORDING:
Discussion an~cePt~pproval of Community Swimming Pool Lease
Agreement with-o-~er Keys Community Pool, Inc.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval.
TOTAL COST:
Cost to County:
APPROVED BY:
BUDGETED: Yes
No
County Attorney X
OM B/Purchasing
Risk Management
DIVISION DIREc:rORGX7~
DOCUMENTATION: Included --L To Follow Not required
AGENDA ITEM # u(0.IO
DRAFT
COMMUNITY SWIMMING POOL
LEASE AGREEMENT
This Agreement is made and entered into on this the _ of
, 2000, by
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College
Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY
POOL, INC., a not-for-profit corporation, whose address is
, hereafter
UKCP.
WHEREAS, UKCP has received a generous donation for the construction and operation of a
community swimming pool and related facilities at the Key Largo Community Park, hereafter
KLCP; and
WHEREAS, the County is desirous of leasing a portion of the KLCP for use as a community
swimming pool and related facilities; now, therefore
IN CONSIDERATION of the following mutual promises and covenants, the parties agree as
follows:
1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on
Exhibit A (hereafter, the premises). Exhibit A is attached to, and incorporated in, this lease. The
rental payment is $10.00 per year due on the anniversary date of this lease.
2. The term of this lease is 20 years commencing on the date first written above.
Upon the termination of this lease, either pursuant to this paragraph or as provided elsewhere in
this lease, UKCP must peacefully surrender and abandon the premises to the County.
3. a) Within
months from the date first written above, UKCP must cause to be
constructed upon the premises the swimming pool and related facilities as generally depicted on
Exhibit B. Exhibit B is attached to this lease and made a part of it. UKCP may utilize the
services of such architects, engineers, contractors and suppliers whom UKCP determines to be
most suitable. The final location and design of the swimming pool and related facilities are
subject to the approval of the County Engineer, but such approval is not intended to waive the
responsibility and duty of the architect(s) and engineer(s) employed by UKCP to furnish a
professionally engineered and designed high quality work product.
b) During the process of construction of the swimming pool and related facilities, and
thereafter, UKCP must not allow, suffer or permit any lien or encumbrance, however
denominated, to be filed against the premises or any part or portion of the swimming pool or
related facilities. If such a lien or encumbrance is filed, then UKCP shall immediately cause the
cancellation and removal of such lien or encumbrance. Further, during the process of
constructing the swimming pool and related facilities and until (a) the certificate of occupancy is
issued, (b) requests for final payment have been received from all contractors in privity with
UKCP showing that all their subcontractors and materialmen have been paid, and (c) a certificate
of satisfaction and final payment has been received from each contractor in privity with UKCP,
UKCP must keep in full force and effect construction and performance bonds in the amount of the
final construction price.
c) When a certificate of occupancy is issued for the swimming pool and related
facilities, then title to, and ownership of, those improvements automatically vests in the County.
4. Notwithstanding subparagraph 3(c), once a certificate of occupancy has been
issued for the swimming pool and related facilities, UKCP must thereafter continuously maintain
the pool, and its water quality, in accordance with all applicable state laws and administrative
regulations. The UKCP must also operate the pool and related facilities in accordance with all
applicable state laws and administrative regulations. All permits (state or local government)
necessary for the operation of the pool shall be applied for by, and shall be in the name of, UKCP.
If a fine or penalty is imposed by any state or local government agency having jurisdiction over
public swimming pools due to the failure of UKCP to keep and maintain the pool in conformity
with state law or administrative rules, then UKCP shall be solely responsible for the payment of
that fine or penalty. UKCP shall also be responsible for all other upkeep, maintenance and repairs
of the premises, the pool and the pool-related facilities, including but not limited to, structural
and mechanical repairs.
2
5. a) Once the swimming pool and related facilities are complete and a certificate of
occupancy issued, then UKCP must keep open the pool and facilities daily for use by the general
public with trained life guard(s) on duty at all times that the pool is open. UKCP may also
conduct, instructional and recreational programs, but when such programs are not being
conducted, the pool and facilities must be open to the general public. UKCP is authorized to
charge admission fees to members of the general public desiring to use the pool and facilities and
to charge fees for all instructional or recreational programs; provided, however, that fees be
charged for admittance or for any instructional or recreational program, must not be
differentiated based on any of the criteria set forth in (b)(l) below, nor on membership in any
organization.
b) In making the swimming pool and related facilities available to the general public
and for instructional and recreational programs, UKCP must:
1) Not cause, suffer or permit any individual to be discriminated against on the
basis of race, religion, national origin, gender, or sexual orientation;
2) Not cause, , suffer or permit any individual to be discriminated against in
violation of the Americans With Disabilities Act (42 USCA 12101, et seq.).
c) All revenues generated at premises, less a reasonable reserve for administrative
overhead (not to exceed 5% of gross revenues), must be deposited by UKCP in a separate
dedicated pool account for the operation, upkeep, maintenance and repairs of the premises,
swimming pool and related facilities.
d) All UKCP financial records pertaining to the premises, the swimming pool and
related facilities must be kept according to generally accepted accounting principles and made
available to auditors employed by the County or the state during regular business hours (Monday
through Friday, 8:30 AM to 5 PM, holidays excepted). UKCP also acknowledges that all records
pertaining to the premises, swimming pool and related facilities are public records under Chapter
119, F.S., and must be made available for examination and copying by any member of the public
who so requests, in accordance with the provisions of Chapter 119, F.S.
e) The Board of County Commissioners (BOCC) may, but is not obligated to,
appropriate revenue from any lawfully available source for the construction, upkeep,
3
t'
maintenance, repair or operation of the swimming pool and related facilities, when so requested
by UKCP.
6. UKCP acknowledges that the premises were purchased with funds received from the
Florida Communities Trust (FCT). As a result, use of the premises is subject to the provisions of
the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated into,
this lease. Should the FCT determine that any portion of the lease is in conflict with any term or
condition of Exhibit C, or is in conflict with any relevant provision of federal or state law or
administrative rule, then that determination will supersede any contrary provision of this lease to
the extent of the conflict.
7. a) Before opening the swimming pool and related facilities to the public, UKCP must
obtain the insurance as set forth in Exhibit D. Exhibit 0 is attached and made a part of this lease.
b) UKCP must keep in full force and effect the insurance described in Exhibit 0 during
the term of this lease. If the insurance policies originally purchased which meet the requirements
of Exhibit 0 are canceled, terminated or reduced in coverage, then UKCP must immediately
substitute complying policies so that no gap in coverage occurs.
c) The insurance required of UKCP in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of UKCP, its employees, agents or contractors. The insurance
requirements of this paragraph are not intended to make any specific injured member of the
general public a third party beneficiary under this lease. No failure by the County to enforce this
paragraph shall constitute a breach of any duty or obligation owed to any specific member of the
general public, nor shall it subject the County to liability to a specific member of the general
public or his/her dependents, estate or heirs.
8. UKCP 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 County agents and contractors, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type including without limitation investigation and
4
witness costs and attorneys' fees and costs, that arise out of or are attributable to UKCP's actions
and operation undertaken pursuant to this lease; excluding, however, any claims, demands,
damages, liabilities, actions, causes of action, losses, costs and expenses that are solely the
result of negligence of the County. UKCP's purchase of the insurance required in paragraph 7 and
Exhibit D does not release or vitiate its obligations under this paragraph.
9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance
of specific duties and obligations under this lease by persons who, in UKCP's judgment, are
professionally qualified to perform such duties or obligations. No such contract will operate to
waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the
failure to perform any of those duties and obligations be deemed waived, absent a written waiver
approved by the BOCC.
b) UKCP may subcontract with a not-for-profit entity for the operation of the
swimming pool and related facilities. Any such contract is subject to the approval of the BOCC
and the FCT, which may impose such conditions as it or they deem necessary to serve the public
or to protect the rights of FCT bondholders. At a minimum'the contract must contain provisions
similar to the ones in this lease regarding:
1. restrictions on the use of revenue generated at the premises;
2. the prohibition of differential fees based on membership;
3. presence of lifeguards;
4. nondiscrimination;
5. assurances that the pool and facilities will be kept open and available to the
general public when not in use by instructional or recreational programs;
6. audits and record keeping;
7. insurance.
Any operational contract entered into by UKCP will not operate to waive or relieve UKCP
from its duties and obligations, nor from any consequent liability for failure to perform operational
duties satisfactorily, absent a written waiver approved by UKCP and the BOCC.
10. a) The County .may terminate this lease for cause if UKCP fails to comply with its
obligations under this lease. Before the County may terminate this lease, it must give UKCP
written notice of the default stating that, if the default is not cured within 15 days from the date
of the notice, then the County will terminate this lease. Termination under this subparagraph
5
does not relieve UKCP from whatever damages the County may have suffered because of UKCP's
default.
b) The County may terminate this lease without cause if, after the date first written
above, the BOCC determines that the economics of the construction of the pool and related
facilities, or the on-going operation and maintenance, would reqUire an annual expenditure of tax
revenue or an annual expenditure of tax revenue in an amount the BOCC determines is
imprudent. If this lease is terminated under this subparagraph, then neither party will have
further obligation, duty or liability with respect to the other.
c) Notwithstanding anything to the contrary in subparagraph 10(a), the County
Administrator may order the swimming pool and related facilities closed immediately if he
determines that a condition has arisen, whether caused by UKCP's failure to perform or by an
external event beyond UKCP's control, that threatens the health or safety of the public. The
County Administrator may order the swimming pool and related facilities closed until such time as
the condition is corrected.
11. This lease is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any litigation,
the prevailing party is entitled to recover its reasonable fair market value attorney fees and costs.
12. This lease has been carefully reviewed by UKCP and the County after input from
both parties. Therefore, this Agreement is not to be construed against any party on the basis of
authorship.
13. Notices as provided for in this Agreement, unless otherwise specified, must be sent
by certified mail as follows:
TO COUNTY
TO UKCP
County Administrator
Public Service Building
5100 College Road
Key West, FL 33040
6
14. This lease is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
UPPER KEYS COMMUNITY POOL, INC.
By
Title
By
Title
jdleaseUKCP
7
BOARD OF COUNTY COMMISSIONERS
AGENDA n"'EM SUMMARY
Meeting Date:
IIOVEMBER 22, 2000
Division: COMKISSIOBKll NKLSOB
Bulk Item: Yes
No JX
Department: BOCC
AGENDA J.TEM WORDING:
IlEVIEW LEASE WITH OPPER KEYS COHKUHITY POOL, IRC. TO PROVIDE SPACE FOR THE JACOBS
AQUAnC \;Uru, OF KEY LARGO AT THE KEY LARGO COHKUHITY PAn.
ITEM BACKGROUND:
lLtRlLtRA JACOBS OF 0CEAIf REEF HAS PROVIDED $3M TO THE COHKUHITY OF KEY LARGO FOR THE
COBSTRDCTIOR OF A COMKORITY SWIMMIRG POOL. UKCA, .IRC. REEDS A LEASE AGREF.HEBT WITH
lfORROE COURTY TO PROCEED WITH THIS PROJECT.
PREVIOUS REVELANT Bace ACDON:
STAFF RECOMMENDA nONS:
TOTAL COST:
RORE
BUDGETED: Yes _ No _
COST TO COUNTY:
RORE
REVENUE PRODUCING: Yes _ No ~ AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMBIPurcbuiDg_
Risk Manaaement-
DIVISION DIRECrOR APPROVAL:
TYPE NAME HERE
DOCUMENTA nON:
Included_
To FoUow
Not Required
AGENDA ITEM"(1i..JQ
DlsPOsmON:
I pper
eys
ommunity
· 001, Inc.
Upper Keys Community Pool, Inc.
a non-profit 501 (c) 3 corportation
89 N. Bay Harbor Dr.
Key Largo, FL 33037
Phone: 305 852-9259
Fax: 305 852-6164
1999-2000
BOARD OF DIRECTORS
fusident
Tim Bricker
852-9259(h) 852-4844(w)
Vice-President
Jim Boilini
451-2660(h)
Secretary
Corky Wagner
852-5021(h) 853-0616(w)
Treasurer
Marshall Walker
453-9683(h)
Directors
Duncan Mathewson II
453-3833(h)
Janice Jeffers
453-9105(h)
Michelle Wieland
453-0887(h)
Sissy Gosko
367-4211(h)
Phyllis Bailin
451-5751(h)
](athleen O'Connor
451-0953(h)
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Ocean Reef Club
March 24, 2000
Mr. Timothy 1. Bricker
President
Upper Keys Community Pool, Inc.
89 North Bay Harbor Drive
Key Largo, FL 33037
Dear Mr. Bricker:
Due to my keen interest in the children's activities of Key Largo, I am prepared to give
$3,000,000 to the Upper Keys Community Pool, Inc., with the understanding that this
money will be used prudently for the building of a swimming pool and activities center
and will be managed by the YMCA. The money will be available upon request.
Sincerely yours,
;9-t~ A 9~
Barbara M. Jacobs
BMJ:j g
Reply to:
91760 Overseas Highway
Post Office Box 600
Tavernier FL 33070
(305) 853-1947
Committees:
Educationl K-12
Education Appropriations
Children & Families (Vice Chair)
Community Affairs/Military & Veterans Affairs
Busllless Regulations & Consumer Affairs
Select Committee on Military Affairs
525 Angela Street
Key Wesl City Hall
Key Wes!. FL 33040
(305) 293-1658
1102 The Capitol
402 South Monroe
Tallahassee, FL 32399-1300
1850) 488-9965
e-marl sorensen ken@leg.stale.f1.us
Florida House of Representatives
Ken Sorensen, Ph.D.
State Representative, District 120
October 20, 2QOO
Steven M. Seibert, Secretary
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 3~'~~~ .
Dear secre~'8ff~
I cannot tell you how wonderful the future "Jacobs Aquatic Center of Key Largo" will be
and the very positive effect it will have on our community. Through your efforts and the
FCT, this has been made possible, and I thank you.
I wholeheartedly endorse the entire project and I am amazed at what technology can do
to make an aquatic center like this a model for the rest of the State of Florida. This is a
very well thought out and researched project. The second floor area for additional
education, the available technology for potable water, the "environmentally friendly"
affluent water and other energy saving items are very desirable.
I applaud their efforts and have pledged my total support to their tireless work.
Thank you again for your help, and I look forward to seeing you in Tallahassee very
soon.
en Sorensen, Ph. D.
State Representative, District 120
KS/lmt
Sep 13 99 03:48p
Dann~ L. Kolha:e
305 295 3615
p. 1
,< - .---"
~. ..
-
Commissioner George NeuQent
RESOLUTION NO. 387 -1999
A RESOLUTION SUPPORTING THE EFFORTS OF UPPER KEYS COMMUNITY
POOL INC_ TO SEEK CAPITAL IMPROVEMENT FUNDS FROM THE STATE OF
flORIDA fOR A PU811Cl Y OWNED SWIMMING FACilITY IN THE UPPER KEYS
WHEREAS, Monroe County is an aquatic community, whose culture and heritage are
inextricably entwined with the marine environment surrounding its citizens: and
WHEREAS, the marine resources are utilized by a significant segment of the citizp.n$; of
Monroe County for commercial and recreational purposes; and
WHEREAS, the use of marine resources for commercial and recreational uses carries
with it certain inherent rislcs associated with the ability or inability to safely interact with the
water: and
WHEREAS, swimming instruction and scuba training are proven methods for increasing
the ability of people to safely interact with the marine environment; and
WHEREAS, a swimming facility would provide an area for open recreation and social
interaction for children, teenagers, and families; and
WHEREAS, public facilities and programs for the odP.quate swimming and scuba
training of Monroe County citizens of oil ages, ore not available to those citizens outside of
the Lower Keys and Key West; and
WHEREAS. the Upper Keys Community Pool, Inc., is a non-profit, 501 (c)3 corporation
formed to be on odvocate for the creation of a publicly-owned !Wimming facility in tho
Upper Keys and to explore sources for funding the construction and operation of such a
'Vl:i ',u~nOJ 30HNO~~
facility; and '13 'HI:) '~l~
39'-J\.no~ ''': ,:y;,p:a
tS:C Wd I t 9f\V 66
Q~OJ3B ~O:J 031l:J
v
99 03:-'8p
Dann~ L. KOlha,e
305 295 3615
p.2
(
WHEREAS, the MonroQ County Boord of County Commissioners has previou~ly
endorsed the efforts of the Upper Keys Community Pool. Inc. to determine the feasibility for
the development and maintenance of a publicly-owned swimming facility; and
WHEREAS, the need for publicly-owned community swimming facilities in the Upper.
Middle and Lower Keys (outside of Key West) conlinueli lu be evident and obvious. and that
the successful effort to build a community pool in the Upper Keys may create a "blueprint"
for the creation of similar facilities elsewhere in the C~unty; now. therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that:
Section 1. The Boord supports and encourages the efforts of the Upper Keys
Community Pool. Inc. to work with the 1999-2000 Florida State Legislature to secure capitol
improvement funds for the purpose of constructing a publicly-owned swimming facility in the
Upper Keys.
Section 2. The County Administrator sholl provide appropriato coordination with
Upper Keys Community Pool. Inc. to facilitate fhe objectives set forth in this Resolution.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County.
Florida, at a regular meeting of said Boord held on the 12
day of August. 1999.
Moyor Wilhelmina HOlVey
missioner Shirtey Freeman
issioner George Neugent
ioner Mary Kay Reich
ioner Nora Williams
y~~
yes
y..e..s..-
yes
yes
(~~~) p,..:--. .,.
Attest: DA NY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
6'~
eputy lerk
. - ~-
8y\J~'-~~"""" .~..- - ~ ,
Mayor/Chairman
Jre~ool
Draft Lease
(WITH SUPPORTIVE MATERIALS)
Jacobs Aquatic Center
of Key Largo
at
Key Largo Community Park
~ .'Ic~
:,::. ~':l~~
;~>". -J.~ ...
.~ J..-.
eve. . ~ .,
..-...........'.....
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. ijf "~.. I. " ~
presented to the
Monroe County Board of County Commissioners
by
Upper Keys Community Pool, Inc.
November 22, 2000
/'
l6I.tUVu
OFFICE ID.31ll&29235\6 PAGE 2/9
~~ J~
. (! :t
m~~~'
fIIMMING POOL r~ 3S-fg
iREEMENT
This Agreement Is made and entered Into on this the _ of _ ~OOO, by
MONROE COUNTY, a political subdivision of the state of AOrlda, whose address is 5100 College
Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNIlY
POOL, INC., a not-for-proflt corporation, whose address is , hereafter
UKCP.
WHEREAS, UKCP has received a generous donation for the constructlon and operation Of a
community swimming pool and related facilities at the Key larva Community Park, hereafter
KlCP; and
WHEREAS, the County 15 desirous of leasing a portion of the KLCP for use as a community
swimming pool and related fadlititi; now, therefore
IN CONSIDERATION of the following mutual promises and covenants, the parties agree as
follows:
1. The County hereby luses to UKCP a parcel 01' land located at KLCP depicted on
exhibit A (hereafter, the premises). Exhibit A is attached to, and Incorporated In, this lease. The
rental payment is $10.00 per year due on the anniversary date of this lea~.
2. The term or this leoilsa Is _ years commencing on the date first written above,
Upon the termination or this lease, either pursuant to this paragraph or as provided elsewhere in
this lease, UKCP must peacefully surrender and oiIbandon the premises to the County.
3. a) Within _ months from the date first written above, UKCP must cause to be
constructed upon the premises the swimming pool and related facilities as generally depicted on
exhibit B. exhibit B Is ittbld'ted to this lease and made a part of it. UKCP may utilize the
services of such architects, 8I1gfneers, contractors and suppliers whom UKCP determines to be
most suitable. The nnoill location and design of the swimmIng pool end related fadlitfes are
subject to the approval or the County Engineer, but such approval Is not intend!id to waive the
~"
3/1'1
PACE
3062923616
ID
ATTY OPFICE
- --
11.40 FROH,HONROE COUNTY
//~0-
englneer(s) employed
and designed high quality work product.
prtlCl!Ss of construction of the swimming pool and related fadlitlti,
not allow, suffer or permit lien
against the premises or any
a lien or encumbrance
~
a
and
fumiSh
to
by UKCP
and
archll:llct(s)
the
of
responsibility
profl!sslonallv engineered
duty
During the
and
b)
thereaftar,
however
or
pool
Immediately cause the
tne swimming
encumbrance,
port/on of
or
part or
IS filed, then UKCP shal
any
must
to be filed
UKCP
denominilted,
If such
related facllltlf5.
of
Is
the swimming pool and related fadlltles
for final payment have been ~ved from all contractors In privity with
their subcontractors and
the process
occupancy
dUring
the certlfiCOlts of
Further
{lI}
encumbrance.
and untl
or
of such lien
removal
cancellation and
constructing
requests
(b)
issued,
certificate
a
(c)
and
been paid
materlalmen h!lvB
UKCP showing that al
UKCP,
In prtvlty with
the amount
been received from each contractor
satisfaction and final payment has
force
of
the
of
perfomKInce bonds In
and effect construction and
keep in ful
UKCP must
final construdlon price.
pool and related
In the County.
improvements automatlcallv vests
3{c)
Issued for the swimming
is
occupancy
and ownership of, those
of
c::ertlficate
When a
facilities, then title to,
c)
occupancy has been
continuously maintain
IClws and administrative
of
certificate
a
once
subparagraph
related fadlltlQS,
accordanCll with
Notwithstanding
Issued for the swimming pool
4.
must thereafter
UKCP
and
all applicable state
and related facilities
in
quality,
and Its water
pool
the
al
in accordance with
the pool
also operate
regulations. The UKCP must
~
government)
local
(state or
permits
AI
ulatlons.
state laws and admlnistratiVlLre
llPpllcable
UKCP.
be in the name of,
and shal
applied for by,
local
be
pool shal
necessary (or the operation of the
having jurisdiction over
government agency
maintain
penalty is by any state or
pools due to the (allure
imposed
a fine or
Ir
;.~;(',.
-:'.~ ..:'.,.
>".
:'.~:'i~tw~~;.r:.
In conformity
pool
the
to keep and
UKCP
of
swimming
public
of
responSible for the payment
maintenance and repairs
solely
be
administrative rules, then UKCP shel
Or
with state law
upkeep,
other
also be responslbl~ for al:
the pOOl-related facilities,
UKCP shell
penalty.
th at fine or
structural
to,
limited
not
Indudlng but
2
and
the premises, the pool
mechanical repairs.
and
of
3
IVlllable source
'JLllgated to,
-
upkeep,
,~~.. -'..-d fadllties are public records unde-
Friday, 8:30 AM to 5
UKCP also acknowledges that
.::..:~..:; : :. ~,;\;:.::..~;,:.:t:..:;:~:.<,,;:.:--. :
(....::~; :,:.;~..:\/:...,~:
':';":~<:"';
.:;;';;;rx
d) All UKCP tinandal records pertaining to the premises, the SWimming pool
related ~dlities must be kept according to generally accepted accounting prindples and
available to auditors employed by the County or the state during regular busln8SS hours
made
(Monday
c) All revenues ganerated at premises, less a reasonable reserve
overhead (not to exceed S% of gross revenues), must be deposltecl by UKCP
dedlcat8d pool account for ~UPkeeP' maintenance and repairs of the
swimming pool and related tadllties.
and
premiSeS,
,
~
..
/
in a
Not cause, , suffer or permit any Individual to be disaimlnated
the Americans With Disabilities Act (42 USCA 12101, et seq.).
for
separate
administrative
2)
violation of
against In
1)
basis of race,
Not causa, suffer or permit any IndIvidual to be disaiminated
religion, natiOnal origin, gender, or sexual orientation;
against on the
b) In making
and for Instructional and
recra.ational programs, UKCP must:
organization.
the SWimming pool and related
fadlltll!S avallat>le to the general
public
differentiated
5. a) Once the swimming pool and related facilities are complete and
occupancy issued, then UKCP must keep open the pool and fadlities daily for
publl' with ''''',ed "'1::::;[2' duty " .11 ti.... th" the pool ·
instructional eatlonal programs, but when
the pool fadlities must
conducted,
charge admission
to chllrge fees
Charged for
based on any of the criteria
set
forth in
provided,
recreationa
(b)(l) below,
nor
on membership in any
admittanctl
or
for
any instructional
or
program,
must
not
be
for
all instn.lctional Or
recreationa
programs;
however,
that fees
be
fees
and
to members of tlle general publiC desiring to use the
be open
to
the genentl
such programs
publIc. UKCP
pool
and facilities
being
is authorized to
and
~
conduct,
open.
use by
are
UKCP
the general
not
may also
/"e-00
J
,40 FROM
.MONROE COUNTY ATTY OFFICE
10.30&2823518
a
certificate of
PAGE
", b
/ eU-lLJ\:) nUNk<.Ub
/
m.lllntenance. repair Or operation of the swimming pool and related facilities. when so requested
by UKCP.
6. UKCP acknowledges that the premises were purchased with funds received from the
Florida CommunIties Trust (FCT). As a result, use of the premises is subject to the provisions of
the restrictive covenants attilched as Exhibit C. ExhibIt C is .ttactled to, and incorporated Into,
this lease. Should the FCf determine that any portion of the lease is in conflict with any term or
condition of Bchlblt C, or Is in conflict with any relevant provision of fed e 1<1 I or state law or
administrative rule, then that determination will supersede any contrary provisIon of this lease to
the extent of the conflict.
7. a) Before opening the swimming pool and related facilities to the public, UKCP must
obtai!] the insurance as set forth In Exhibit D. Exhibit 0 Is attached and made a part of this lease.
b) UKCP must keep in full force and effect the Insurance described In Exhibit 0 during
the term of this lease. If the insurance polldes originally purchased which meet the requirements
of Exhibit 0 are canceled, terminated or reduced in coverage. then UKCP must immediately
substiwte complying polides '0 that no gap In coverage occurs.
c) The Insurance ra<tuired of UKCP In this paragraph is fDr the protection of the
County, Its property and employees, llnd the general public. The insurance requirement Is not.
however, for the protection ot any specific member of the general public who might be injured
because of an act or omission of UKCP, its employees, agents or contractors. The Insurance
requirements of this paragraph are not intended to IYliIkB any specific Injured member of the
general public a third party beneficiary under this lease. No fallure by the County to enforce this
paragraph shall constitute iI breach of any duty or obligation owed to any specific member of the
general public. nor shall it subject the County to liability to a specific member of the general
public or hi~her dependents, 8StiIte or heirs.
8. UKCP Is liable for and must fully defend, release, discharge, Indemnify and hold
harmless the County, l11e membel'li of the County Commission, County ot'fioers and employees,
and County agents and contractors, from and against any and all claims. demands, causes of
action, losses, costs and expenses at whatever type indudlng wll110ut limitation Investigation and
4
":~;.:.~
:.~~:,>
N:";::C;,.:':;'~X;
,::..~~~;:.~~:.<:;.:~:
.::~"
:--.;-.;
:'~,.~.."5.:
t:t~:-."':..r:;.:,>.:
?:;";:-i:::-;{~;;'(S;";~;'
.~~"<"':'.:'~;.::;oo,;~
/.,~~ ~-;-FROH 'H~~~~~v COUNTY A;:;;" OFP ICE 141007
10.306292351a PACE 6/8
witness costs and attomeys' fees and cost3, that al1se out of or are attribwble to UKCP's actlons
and operation undertaken pursuant to this lease; exdudlng, however, any daims, demands,
damages, liabilities, actions, causes of action, losses, costs and expen!les that are SOlely the
result of negligence of the County. UKCP's purchase of the Insurance required in Pl\ragraph 7 and
Exhibit D does not release or V1tJ.ate Its obligations under this pOlragraph.
9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance
of specific duties and obligations under this lease by persons who, in UKCP's judgment, are
professionally qua lined to perform suCh duties or obllgations. No such contract will operate to
waive or reI/eve UKCP from those duties and obligations, nOr shal/any consequent /lability for the
failure to perform any of those duties and obligations be deemed waIved, absent a written waiver
approved by the BOCC.
b) UKCP may subcontract with a not-for-profit entity for the operatlon of the
swimming pool and related fadffties. Any such contract is subject to the approval of the BQCC
and the FCT, whiCh may Impose such conditions as it Or they deem necessary to serve the public
or to protect the rights of FCT bondholders. At a minimum the cont:r.K:t must contain provisions
similar to the ones in this lease regarding:
1. restrictions on the use of revenue generated at the premises;
2. the prohibition of d/ff8rential fees based on membership;
3. pf'8Sence of lifeguards;
4. nondiscrtmlnatlon;
5. assuranalS that: the poo/ and fadlltles wlJI be kept open and available to the
6. general public when not In use by Instruclional or recreational programs;
auc:llts and racord keeping;
7. Insurance.
Any operational contract entered Into by UKCP will not operate to waive Dr relieve UKCP
from its dutles and obllaations, nor from any consequ."t liability for failure to perform operational
duties satisfactorily, absent a wrttmn waiver apProved by UKcP and the BOCC.
10. a) The County may tefmlnate this lease for cause If UKCP falls to ccmply with its
obligations under this lease. Befo... the County may terminate this /GA, It must give UKCP
written notice of the default stating that, If the default is not CUred WIthin lS days from the date
of the notice, then the County will terminate this lease. Termination under this subparagraph
5
7/8
~ ~.
PP.CE
305:2823518
D.
-----
FROM. MONROE COUNTY PoTTY OFFICE
41
I~e-"''''
UKCP's
relieve UKCP from whatQVIU damages the COunty may have suffered because of
!
not
default.
does
first written
after the date
if,
cause
lease without
this
terminate
county may
determines that
The
b)
ral CIted
and
pool
the
the economics of the construction of
the BOCC
above.
facilities,
require an annual expenditure of tax
or the on-going operation and maintenance, would
or an of tax revenue In an
BOCC determines is
the
amount
expenditure
Is terminated under
annual
revenue
r/~
I
hllve
county
he
If
party wi
immediatcaly
the
10(a)
this subparagraph, then neither
subparagraph
facilities dosed
in
related
imprudent.
further obligation. duty or liabiUty with respect to thli! other.
c) Notwithstanding anything to the contrary
Administrator may order the swimming pool Clod
determines that a condition has arisen, whether
beyond UKCP's control, that
lease
this
If
by an
The
perform
the publiC.
Dr
to
failure
caused by UKCP's
threatens the health or
as
of
and related fadlltles dosed until such time
litigation
litigation.
costs.
input frOm
the baSiS of
is governed by the laws of the
this Agreement must be In Monroe County, Florida.
the prevailing pilIrty Is entitled to rGCOVU Its reasonable fair market value attorney tees and
12. This lease has been carefully reviewed by UKCP and the County after
both parties. Therefore, this Agreement Is not to be construed against any
authorship.
13.
pool
the SWimming
Venue for any
Rorida
In trle event of any
safety
party on
State of
external event
d". county Administrator may order
~ the _COnditiOn Is corrected.
~ "7 11. This lease
ariSing under
this Agreement. unless otherwise specified, must be sent
In
as provided for
Notices
TO UKCP
6
as follows;
1:P COUNlY
County AdministrCltor
PublIC ServiCE Building
5100 COllege Road
Key West, FL 33040
certined mali
by
..:'~:.~~i<>\;
:'~~:-'''\.
,,:,'(;':,":H:-';:~;
:.' : : ~':00.:t.:-:'~~:'..~.~:..;..:..,:
:"'.:;\;:
.~:'~;::)~:,<,;;;;i.:.:
";:..;..;..t~:>(X
,", ~~,
.~'"
':;'''::;~x)';;;~~
IN WITNESS WHEREOF, each party
authorized representative.
(SEAL)
A TrEST; DANNY L KOLHAGE, CLERK
By
Deputy Oerk
(SEAL)
ATTEST:
By_
TiCle_
jdleaseUKCP
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNiY, FLORIDA
By
Mayor/Chairman
UPPER KEYS COMMUNITY POOL, INC_
7
has
caused
this Agreement to be
executed
by Its duly
replaced except by another written
and signed agreement.
agreements
or
understandings,
whether
written
or
onll
This
laase cannot be modified
or
14.
-.-
'4100 11:50 FAX 3055525548 --.
HL
/,,08-011 11.11 FROM.MONROE COUNTY ATTV OFFICE
ThIs
lease is
the parties'
final
mutual understandIng
0.3062923516
It
replaces
~ny
earlier
l':Jt"'n..
IaI 009
PACE
B/B
1- ~
~
STATE OF FLORIDA,
55.
COUNTY OF MONROE
I HEREBY CERTIFY that the foregoing copy is a true copy of and Excerpt from the
Board of County COmmissioners Minutes enacted by the Board of County Commissioners of
Monroe County, Florida at a meeting of said Board duly held on the \ '\ -\- ~ day of
M 0.-'(
. AD. 20 CO. filed in my oftice.
'"'"'I l'\_J
Witness my hand and official seal this 0"-
day of 0 C. -\ () ~Q... r
, A.D.
2006.
(SEAL)
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
Monroe County, Florida
By: lb-.h.. ~^c... ~~~
Deputy Clerk
BC>CC Minutes Ccrtific/llion
" . . ..","
.~. _' L. g ..
05/1'/12000
---..I
2000/146
COMMISSIONERS' ITEMS
Cummissioner Reich discussed her item with' the Board concerning a ConceptuaJ
A reement to establish a Lease with the U er Ke s Communit Pool Inc. for land at the Key
Largo COmmunity Park. Dr. Jamp.s B.oi1ini and Mr. Hendrick addressed the Buard. After
--arscussro- motion was made b Commissioner Reich and seconded b Commissioner Ncu ent
rantin conceptual ap roval of the re uest u on review and structurin of a formal lease by the
County Attorney. Motion carried unanimously.
Commissioner Harvey discussed her item with the Board concerning the issue thal 5,500
to 6,000 clients are going to lose health insurance or allegedly face rate hikes from $542 per
person per month to $1,200 per person per month if Beacon Company pulls out. Clients and
residents urgently requc::sl help of Monroe County Commissioners. Meeting is set for Thursday,
May 18,2000 at 7:30 P.M. at the Harvey Government Center, Key West, FL. That meeting is
being called by the Task Force and alarmed citizens. Commissioner Harvey requested that the
Board attend. The Board was also informed that on Friday, May] 9, 2000 at 10:00 A.M. there
would be a meeting in Marathon concerning the same issue to be held at the Area Health
Education Center (AHEC) office localeu at Town Square Center beginning at 10:00 A.M.
COUNTY ADMINTSTRA TOR
.-
Mr. Roberts discussed the recent decisioll by Beacon Insurance and its impact on the
employees of the Tourist Development Council. After discussion, motion was made by Mayor
Freeman and seconded by Commissioner Neugent Rranting conceptual aprrov~1 for the County
Administrator to begin the process of including employees of the Tourist Development Council
with the County's Health Insurance Program. Motion carried unanimously.
Mr. Roberts informed the Board that copies of the County's Annual Report were being
distributed throughout the County.
MONROE COUNTY SHEIUFF DEPARTMENT
Sheriff Richard D. Roth discussed with the Board a request for the Board of County
Commissioner's assistance in funding a junk car removal program at $150 per car cost. Barry
Patterson addressed the Board. Motion was made by Commissioner Harvey and seconded by
Commissioner Neugent granting approval of the item, including boat trailers as well. Motion
carried unanimously.
COUNTY ADMINISTRATOR
Mr. Roberts addressed the Board. After discussion, motion was mnde by Commissioner
-- Neugent and seconded by Commissioner Williams granting approval and authorizing execution of
a Wastewater Consulting Agreement between Monroe County and Commonwealth Consulting
Estimated Annual Operational Costs
UPPER KEYS COMMUNITY POOL
PERSONNEL
$125,000
MAINTENANCE
$150,000
INSURANCE
$25,000
OVERHEAD
$50,000
Total Operational Costs
$350,000
Estimated Annual Membership & Program Revenue
$200,000
Estimated Annual Budget Shortfall
$150,000
to be raised through on-going grant requests and special program
funding (Le., TDC-DAC V, School Board, visiting swim team training
activities, local fund-raising and gifts.)
. I
UPPER KEY COMMUNITY POOL, INC.
ESTIMATED OPERATIONAL COSTS (12 Mos.)
I.
AQUATIC PROGRAM PERSONNEL
ANNUAL WAGES & SALARIES
(EXCL TAXES & BENEFITS)
Administrative Director (~time)
Secretary I Program Scheduler (part-time)
Program Manager
Life GuardslWater Safety Instructors @$7/hr
(varying numbers depending upon usage)
$3501wk - $17,500/yr x 4
Pool Maintaince Staff @ 8.50/hr x 500 hrs.
Volunteer Office & Community Program Assistance &
"School-ta-Career" High School Interns
$18,000
$10,000
$20,000
$70,000
$4,250
Sub-Total
$122,250
II. MAINTENANCE MoNTHLY ANNUAL
Chemicals - Chlorine Liquid & CO2 $1 t 190 $14,280
Pulsar & Acid $1,495 $17,940
Heating <%l
LP Gas @ $1.00/gal $4,109 $49,308
Electric Heat Pump @ 8.5 cents/KW $1,418 $17,016
(Without Pool Cover)
Electricity - Pumps & Equipment $2,000 $24,000
Water - 700,000 gals (est.) $1,000 $12,000
Sub-Total $11,212 $134,544
~ Solar heating optional figures are not available yet.
III. INSURANCE <ID
$1,000,000 libility coverage
for all swimming, spring board & SCUBA
diving water activities.
$100,000 normal accident coverage
$15,000
$5,000
Sub-Total
$20,000
\0
M
~V
These are estimated premuims only based on preliminary discussions with Patrick J.
O'Connor, Executive Vice-President City Securities Corp. Insurance Division,
Indianapolis, IN. More precise figures will be obtained particularly relating to normal
county coverage for the overall public use of the pool and overlapping insurance
coverage with dive shop SCUBA instuction.
IV.
OVERHEAD
Overhead Expenses
Including but not limited to: rent, telephone, electricity,
repayment & interest of bank loan & other financial obligations.
$50,000
Sub-Total
$50,000
Total Annual Operating Costs
$326,794
\ I
6.
7.
UPPER KEYS COMMUNITY POOL, INC.
PROJECTED MEMBERSHIP REVENUE CD
1.
Annual Family Memberships
From over 6,673 family households, 500 families with
$250 annual memberships @ c$20/month
$ 125,000
2.
Annual Resident Adult Individual
An estimated 100 adults @ $200/yr.
An estimated 3,000 annual day visits @ $5/person
$20,000
$ 5,000
3.
Individual Resident Youth
An estimated 100 youths @ $150Iyr.
An estimated 2,000 annual day visits @ $3/person
$1,500
$ 6,000
4.
Individual Resident Senior Citizens
An estimated 100 senior memberships @ $125/yr
An estimated 500 annual day visits @ $4/person
$12,500.
$ 2,000
5.
Tourist and Out-Of-County Individuals
An estimated 1000 annual day visits @ $7.50/person
$ 7,500
Dive Shops
Annual members hops @$50/shop for 20 shops &
$5/trainee for estimated 1,000 SCUBA students annually.
$1,000
$5,000
Corporate Groups
An estimated annual membership for 5 small companies (<5)
@ $400, 5 medium companies (6-20) @ $750; and 5 large
companies @ $1000 (>20).
$10,750
Estimated Annual Membership Revenue
$196,250
<D This projected revenue flow does not include program fees which are expected
to generate $50.000-$75,000 during the first year.
Cf