Item E2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 14, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval is requested for the funding of The Key West Botanical Garden
Society to contract for and obtain such services as is necessary to
construct a Botanical Garden Educationllnformation Center and Butterfly
Garden in an amount not to exceed $276,878, DAC I, Third Penny.
ITEM BACKGROUND:
The District I Advisory Committee approved same at their meeting of
November 15, 2000.
The TDC approved same at their meeting of November 29,2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2001 budget at their meeting of September 21,2000.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $276,878 BUDGETED: YES
COST TO COUNTY: $276,878ITOURIST PAY
APPROVED BY: County Attorney ~ OMB/PurChaSi~~
r \L-
ev"\
Risk Management~
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
To Follow: Not Required
Agenda Item # ~
DOCUMENTATION: Included: X
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Kev West Botanical Garden Society
Effective Date: 12/14/00
Contract Purpose/Description: Approval is reauested for the fundina of The Key West Botanical
Garden Society to contract for and obtain such services as is necessary to construct a Botanical
Garden Education/Information Center and Butterfly Garden in an amount not to exceed $276.878.
DAC I. Third Penny.
Contract Manager: Maxine Pacini
(Name)
X3523
(Ext)
Tourist Development Council
(Department)
For BOCC meeting on 12/14/00
Agenda Deadline: 11/29/00
Contract Costs
Total Dollar Values of Contract: $276.878 Current Year Portion: $
Budgeted? Yes -1L- No Account Codes: 117-77040-530340-T07M-346 Y 530460
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
/yr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director 1/ /M~CI __ ~J/ LL;22~
_f / CAU,~~~",
Risk Management lL/ Jf! .Q1) JL!ZK/OO
12- \ I 1.... \
C~AttE .jF/tIii!!It{fl) ~ S.Hutton ~/dlJ
- /{;{; ;/k t? ~A/ --'-
O. .B./Pur ing I I /~ DO ,., IUI/ /7)
--- - - ~ ,
(Final reviewer should return contract to originator)
Comments:
GRANT OF FUNDS
This AGREEMENT dated the day of , 2000, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TDC" and the Key West Botanical Garden Society, a Florida not-for-profit
corporation, hereinafter "Key West Botanical Garden Society."
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums
and nature centers which are publicly owned and operated or owned and operated by
not-for profit corporations, and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the
community, to repair and rehabilitate the premises of the property for use as a museum
and nature center open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Key West Botanical Garden Society and the County have entered
into this agreement on the terms and conditions as set forth below.
1. CONTRACT PERIOD. This agreement is for the period October 19, 2000 through
September 30th, 2001. This agreement shall remain in effect for the stated period
unless one party gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7,13 and 14 below.
2. SCOPE OF AGREEMENT. The Key West Botanical Garden Society shall
contract for and obtain such services as is necessary to construct at the Key West
Botanical Garden and Arboretum more particularly described in Exhibit 1, attached
hereto and incorporated herein by reference, a Botanical Garden Educationllnformation
Center and Butterfly Garden which shall include but not be limited to, a new entry with
an educationlinformation center that has a small exhibit space and handicapped
accessible bathrooms. The entry building's deck shall provide access to an open
courtyard with a stage at one end for programs. The space shall be enhanced by a
water feature and butterfly gardens; includes underground utilities and necessary
infrastructure. The Key West Botanical Garden Society shall insure that the property
shall be used as a garden museum and nature center open to the public by entering
into such restrictive covenants, leases, and other contracts as are necessary to effect
this purpose.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $276,878 in reimbursement for materials and services used to
rehabilitate, repair and renovate the property as a botanical garden, museum and
nature center. The Board of County Commissioners and the Tourist Development
Council assume no liability to fund this agreement for an amount in excess of this
award. Payment shall be made through direct payment to vendors or reimbursement to
Key West Botanical Garden Society upon presentation of invoices, canceled checks
and other documentation to support a claim for payment or reimbursement, such
documentation being subject to requirements of the County's Finance office. Key West
Botanical Garden Society shall provide on a weekly basis verified documentation to
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
1
substantiate the extent to which in-kind services have been provided in the execution of
the project. Parties shall use the document entitled "THE RESTORATION OF THE
KEY WEST BOTANICAL GARDENS: PHASE 1," attached hereto as Exhibit 2 and
incorporated herein by reference, as the budget for in-kind services and other matching
funds. Before the County issues checks for any payment request there must be on file
with the County Clerk's office sufficient documentation substantiating that an equivalent
value of in-kind services and cash donations have been provided. At no time shall the
County make payments which cumulatevely exceed the cumulative total amount of in-
kind service valuation and cash donations actually provided by Key West Botanical
Garden Society. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC. Individual line items
or components of the County funding and match resources may be altered within 10%
of the amount stated for that item or component, without altering the total dollar amount
and without requiring a written amendment to this agreement.
4. REPORTS. The Key West Botanical Garden Society shall provide financial
reports in summary of activities related to this agreement on a monthly basis. If the
agreement extends beyond the end of the fiscal year (September 30th, 2001), the Key
West Botanical Garden Society shall provide a report summarizing the total anticipated
expenditures against this agreement on or before September 30, 2001. Said report
shall be provided to the Monroe County Tourist Development Council Administrative
Office no later than August 30th, 2001. The Key West Botanical Garden Society shall
keep such records as are necessary to document the performance of the agreement
and expenses as incurred, and give access to these records at the request of the TDC,
the County, the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of the Key West Botanical Garden Society to
maintain appropriate records to insure a proper accounting of all funds and
expenditures. The Key West Botanical Garden Society understands that it shall be
responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the
Board of County Commissioners for Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year grant award
or subsequent grant awards will be offset by the amount of the audit exception. In the
event the grant is not renewed or supplemented in future years, the Key West Botanical
Garden Society will be billed by the County for the amount of the audit exception and
shall promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of
County Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
the Key West Botanical Garden Society is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed as to find the Key West Botanical
Garden Society or any of its employees, contractors, servants or agents to the
employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
2
7. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, the Key West Botanical Garden Society shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this
agreement, including those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this contract immediately upon
delivery of written notice of termination to the Key West Botanical Garden Society.
8. A. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Key West Botanical Garden Society shall include in all contracts
funded under this agreement the following terms:
1) Anti-discrimination. The Key West Botanical Garden Society agrees that they
will not discriminate against any employees or applicants for employment or against
persons for any other benefit or service under this agreement because of their race,
color, religion, sex, national origin, or physical or mental handicap where the handicap
does not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
2) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee and that no employee or officer of
the Key West Botanical Garden Society has any interest financially or otherwise, in
Contractor. For breach or violation of this warranty, the Key West Botanical Garden
Society shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that
funding for this contract is available at least in part through the County and that violation
of this paragraph may result in the County withdrawing funding for the Key West
Botanical Garden project.
3) Hold Harmlessllndemnification. Key West Botanical Garden Society shall
determine extent of coverage and include in contracts that standard design/construction
hold harmless/indemnification provisions that will protect the Key West Botanical
Gardens, the County an the TDC from and against any and all claims, liabilities,
litigation, causes of action, damages, costs, expenses, etc. arising directly or indirectly
from any negligence, errors, omissions or criminal conduct on the art of the Contractor
and any Subcontractors in the performance of the terms of any contracts resulting from
the funding provided by the County and any activities on County property.
4) Insurance. Key West Botanical Garden Society, the Contractor and
Subcontractors shall be required to provide any types of insurance and limits of such
insurance that will further protect the Key West Botanical Gardens, the County and the
TDC from the actions/inaction's of the Contractor and any Subcontractors in the
performance of the terms of any contracts resulting from the funding provided by the
County.
The Key West Botanical Gardens, the County and the TOC shall be named as
additional insureds where appropriate and the Monroe County Risk Management shall
be provided copies of all certificates of insurance upon execution of any contract and
upon renewal of the Contractor's insurance.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
3
5) Authority. Each of the signatories for the firm below certifies and warrants
that the firm's name in the agreement is the full name as designated in its
corporate charter and that they are empowered to act in contract for the Key
West Botanical Garden Society; and that this agreement has been approved
by the Key West Botanical Garden Society Board of Directors.
B. Key West Botanical Garden Society agrees to comply with the County
purchasing ordinance 32-1998 as amended, and policies which require, at a
minimum, that contracts for any goods or services which are expected to exceed
$25,000 be awarded through a competitive bidding process; no contract will be
awarded to any contractor ineligible to contract with the County or State; any
acquisition or contract expected to cost between $5,000 and $25,000 shall
require two or more written price quotes.
9. LICENSING AND PERMITS. The Key West Botanical Garden Society
warrants that it shall have, prior to commencement of work under this Agreement and at
all times during said work, all required licenses and permits whether federal, state,
County or City.
10. HOLD HARMLESSIINDEMNIFICATION. The Key West Botanical Garden
Society hereby agrees to indemnify and hold harmless the BOCCrrDC and any of its
officers and employees from and against any and all claims, liabilities, litigation, causes
of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or judgments
arising directly or indirectly under the scope of this agreement.
11. ANTI-DISCRIMINATION. The Key West Botanical Garden Society agrees
that they will not discriminate against any of their employees or applicants for
employment or against persons for any benefit or service because of their race, color,
religion, sex, national origin, or physical or mental handicap where the handicap does
not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
12. ANTI-KICKBACK. The Key West Botanical Garden Society warrants that no
person has been employed or retained to solicit or secure this agreement upon an
agreement or understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the County or TDC has any interest, financially
or otherwise, in Key West Botanical Garden Society, except for general membership in
Key West Botanical Garden Society. For breach or violation of this warranty, the
County shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee.
13. TERMINATION. This agreement shall terminate on September 30,2001.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to
allow the continuation of this agreement pursuant to the terms specified herein, this
agreement may then be terminated immediately by written notice of termination
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
4
delivered in person or by mail to the Key West Botanical Garden Society. The County
shall not be obligated to pay for any services or goods provided by the Key West
Botanical Garden Society after the Key West Botanical Garden Society has received
written notice of termination. The County may terminate this agreement without cause'
upon giving written notice of termination to provider.
14. TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this agreement for any breach of the terms contained herein.
Such termination shall take place immediately upon receipt of written notice of said
termination. Any waiver of any breach of covenants herein contained to be kept and
performed by contractor shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the County from declaring a forfeiture for any
succeeding breach either of the same conditions or of any other conditions. Failure to
provide County with certification of use of matching funds or matching inkind services at
or above the rate of request for reimbursement or payment by County is a breach of
contract, for which the County may terminate this contract upon giving written
notification of termination.
15. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of
the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between the Key West Botanical
Garden Society and the County.
16. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
17. ETHICS CLAUSE: Provider warrants that he/it has not employed retained
or othelWise had act on his/its behalf any former COUNTY office or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision the COUNTY may, at its discretion terminate this contract without liability and
may also, at its discretion, deduct from the contract or purchase price, or othelWise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present COUNTY officer or employee.
18. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
5
19. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Key West Botanical Garden Society: Dean Carlson
Key West Botanical Garden Society
729 Truman Avenue
Key West, FL 33040
For County: Lynda Stuart
Monroe County Tourist Development Council
P.O. Box 866
Key West, FL 33041
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, FL 33040
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed the day and year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairman
(SEAL) Key West Botanical Garden Society
ATTEST:
By: By:
Secretary President
Key West Botanical Garden Society 6
Special Capital Project Funding FY 2000
RESa.l1rIaf N). 91- J 2 2
.... ::" "'!...~.~.~~:'..~'.;. ...
. . ..... '.' .:'~:.:I~! ~""Y.:' ...... . ,,':',
, It. : R&sa..r.rnctf., APmJvoo::..AND:" Af.1JJDuznc'"
, EXfD1rraf :. OF .;iA:r'rAcmD): HEH::RANa.H .: OF ::
~ BEIWEnl1Hl!: Cm OP'.Q;y WESl',
Fl.aU.nf. AND Q;y' WEST oorANlCAL GARL:EN
OCCI.E:IY, nc.; PRo'IIDOO AN D~U.TIVE DAlZ.
. :., .!," .... ". ",'
lI:N; ~,.BEIT RE.Sa..vm Dy,,-,.ha.City,Camdssion'of.tnt City
of Key West, Florida that1the attached HemorandUII'of Underlil:andirlg'betweerithe
. .
City of Key Vest, . Florida t and the Key We.t Botanical Carden Society, Ioe. U
hereby approV8d~. .ubje~t to the contingencies ..tilted belO\(:
1) . City shall have the rf.ght to allow County to construct
arid ~tain feac. at 6 feet he1.gfu: arid parking spaces
u shown on 5/1/91 survey
2) City. ,hall h4~ the ri&ht to. allO\( Comty to USe
ex1.cltillg roed.....y ., shown on 5/1/91 'SW:vey liith' a'celSS
to. County CCXIIp<::luod through proposed 10 feet gate. as
'shown on 'urvey.
The:i::1ty Manager 1.a hereby authorized to exeCute s4!d Heax;rancilm on behalf of
,
the City of Key West, and the City Clerk is hereby authorized to attest to hi,
signature and affix the Sul of the c;ity thereto.
This Re.solutial ,hall go into effect. Lame<ii&te!y:upon its passage and
. -. . .., -' .
adoption .nd authentication by the aignaturea of the PreSiding officer and the
Clerk of the Comdssion.
Pa"ed and adopted by the City Camdasion .t a meel:illg held this !!-day
of July , 1991.
alj[~o T:HC
STAT~ or FLORIDA)
COUNTY or UOUROt)
CITY or xu lU:Sn
Thh oopy 1" n trllo OOPT at tho
or1c1n31 011 l.'U. 1n this ottio..
"1tne~u l~fh"nd. "~I!~eal .
tbh~:!::!I.dui" c.!. . 19.9..l.
. JOSEI'!/OI.. PM1KER
C!l'~ t:LJ:RK
By ::t<w.~.
EXHIBIT 1
Page 1 of 9
. '". ..
.:. ..........
",
'. .......;;
j~.::. ,....
HEKIWlI:Ui OF LN::ERSl:ANDnc'
..
Thi~ Hemoranduza Of Unclerstand1n~ entered in~o thit \3~y of Sept~, 1991,
between t.... 'City of Key West., Florida, a lIllJnici9al corporation organued and
exLsting Wlder the law. of the State of Florida, (hereinafter, "City") and the
Key Welt Botanical Garden Socie,ty, Inc., a Florida nonprofit corporation
(harelnafter, "Botanical Society")..
WI1NESSE'IH
1rlIEllFJ.S. the..ClI;y b the owner of a parcel of rul property known al the Key
Wut Botanical Garden and Arboretum. (here~ter, "the prelldsu") locatad on
Stock bland, ~y We.~, Florida. (See a~tached Exh!bit A, Legal Delcri9tion
adopted and incorporatad herein by ref~ence); and
..."..... tho CIty ....... .... """ted ~Iutl<n 2008 on JOouuy J, 1'161 I
. est~lLsh1ng the property as a PeI'llllUlent Bo~ical Garden and ArboretuDJ. and
~. both the City and the Botanical Society are COIIIn.ltted to. the
responsible lIIIUlagement of the habitat of the only Icn::lI.n extant population of
the federally endangared Ipede. Orthallcu.t rases rues, The Stock Island Tnte
Sna11, and both an cOllll1i.tted to preserving the aesthetic buuty of the rElll"18nt
tropical h.umoclc which provide. habitat for other threatened and endangered .
specie.; and
\iDEAS. ~~~~~~~~~:~.~~l 0~.~t1 ~:~.- I
p~-~.c permanent"~~L:al Gardea .and Arboret:ta punu.nt to R.uolution t
2008; with any extraordinary expenles to be approved by the City ~11.i:ln; and
~~ t:heC~i:y has previoudy ~e.ued the preadsea to t.... Key Welt Gardan
Club, · 1l0dda C()cporatien, and laid lease expires in Septe%Iber 1991, and
the Botanical Garden Camd.ttee of the Key West Garden Club as8UDed
~espoosibUity for the preservation and maintenance of the pread3es; and
ooliEREAS, the Botanical Garden Comittee of the Key West Garden Club, with the
approval 0 f the Key West Garden Club, formally formed the Key West Bot.ani.cal
Garden Soclety, Inc. for the sole purpose of expanding i.tl meabership to better
Page 2 of 9
. .lIlllintatn' ard,p~eserv. the. prem.i.se~ i and
I:.. ...., ;'..
"r ! l ..
",. ...,,;
; :_.;... .. ',f '.. ~. '" - ,',
1oIIER,F.AS ..
.. . I ~
the~KeyW!llt<?:-rden Club' previously entered into. He.morandl..m of
UoderstandinglfithTha. Nature Coos~~y.,de~i.n~t1ng .~~sponslbiUties 'for the
. . .... ,~"""",'h: ....J '.1".. '.'V.. :'c.!:i...j.,:tt: :-.. . !. .~..:;.'...i
managE!lD3nt. of the habitat of the federally .~~ered.pecie.., Orthallcus reses
. .' '. '. .. , .',' ;"". . I ", '.: ~:. ~ '\! J. '.
~, Tha Stock bland Tree SnaU, . (S8tI attached Exhibit B)i and
.... . ':... ~ . . . . " ~".. ."
......
'..- :", .....
\HRF.AS. tha Botanical, Society. l.n.~end. ~o. enter into a s Wlar He.morandum of
UOOax'standing with .1,he ~ture Conaeryanc:y up~: ex~cu.ti~ of thb Agre_nt for
. to . 1-: .... '. :.' I .',,;:. .' . ~ : . . .
the lame purpo.es i and
;.
., .
" "
\HRF.AS. the ~.tanical Sociatyhu ..ta~~.t.~" By-~. the~?l1~ purpo.es:
to. preserve, develop. and m&intain ~ Kay West Botanical. Carden as an arborel:U:ll,
, ..: .' , .... . :,; .. '.: . ~ - ~ ~ : . . . .
botanical garden, andwilplUe refuge; and"t,o. enc~qe educational we of the
. .'.. ..",. '. .... ..... I...:. ..... ".1"',
Key "'est Botanical Gardea by .chool children, youth orgsnwtioos, college
. .. ., - "" i:.... 'P.
.tudents, ruident. of the F1or1.d& lCey. and viAiton from other areas wI-o wi3h
to' leam about trtlpica! vegetation and vi~dl.1.fe indigenous to the Florida Key.,
." . .. . ..' It . ... '. _
(See attached ~~t C) :.\ ~ R \ J
~ '. I I . . i', 'r
~I.o. .~.Botan~..~_tz;.'!!:.lh.p~~ ..and ~taln the PreW.u at no
co.t to the City for ia '-rnces r aod .~
.,,:. . ..~ :'. t .;.... .... .' . .. ;. r 1'" ..
\I!EREAS,.,~...~l. Rtvof..t:)L-ln~ to d8w.lop . l~-rqe ,lan for the.'
........-. . .. .. .. .....r. .: ...! ..:.f -.. .:. J i ..
echanc~t and bea.1tificat1.cn of ~ premisu utiU.zing ~ kDowledge of expert.
".j
in the fields of .ub-tr,opical f1or~ and fBuna; and
'., '. . '. . I. ~
" .... .
\I!EREAS .
it. is in the best interest. of the City, both fucally and
environmentally, to have the Botanical Society pr~erve, maintain and enhance
the pread.su i
....
',.,':-1 .
"', . ,,','
.", ,
!Ol nD.E:FtJI.E. the City and the Botanical Socie ty agree' as fo llC1J8 :
The Botanical Soclety agrees:
1.
To preserve. the premises as a sub-trtlpical botanical garden and native
hardwood ham:nock, and to operate said prelll;1sea to provide the necessary care and
- .' I. . '.
Page 3 of 9
.--r. .
. maintenance, to dell'elop a long-range plan for the enhaQc8lD8l'\t and be.autifLcation
.' of the garden, "and to encourage the educatlonal use of ..the premises by all
sectors of the CCXlllJ.Jnity.
2. To encourage .t.te and loc.al agl!llCls. to 11.18 the premises .s a' botanlcal
garden and arboretum as the parties hereto .hall de8111 advisable.
3. That the Botanlcal Society shall not use the . preudse. for any other purpose r
unless such purpose is approved by the City CCXllnJ..uion or(u to one-time uses
such as fundraisers) by the City Hanager.
4. ~t,!W ~it.al~r'OV8llents to the PremUu shall be subdtted to the Clty
Hanag';-;:;~P~roval prior to cOllJlle[lCement of COC\Itruction, and the Cl~y Kanager (-
shall haw t~ right to deny approval for same, and the Botanical Soclaty .hall
obtain the app.roval of the City Building Department and the Clty EngiMer and
anynecelilary . permits, prior to the cCllDll8nCement of construction. Capital
~rov&Il8nts shall include provision ofutil1ty services to the .preudses.
S. That there shall, during the tem of thia Hemorandl.m, be no mechanics' Hens
up~. any buildings or ~rovements which may at any time be put upon or be upon
sa1~ prem1su, arid that in case of any mechanical liens, the BotBnlcal Society
III.l.it payoff the same; and that if default in payment thereof shall continue for
thirty (30) days after written notice, the City &hall haw the ri,ghi: and
privilege, at its option, to payoff the s~ or any potti.on of the lame, and
the IUl:QJIlt so paid, including experiua, shall, at the option of the City be due
and peyable by the Botanical Soc1aty with interut thereon at the nte of six
(6) percent per annua, and in addition the City shall have the. right to.
iJmlediately terminate thb HemoranduD of Unde.rstanding without the necessity of (
providillg any further Il9tice to the Botanical Society.
6. That any perlIlllner1t ~rowments to the prem1su shall beccme the exclusive
property of the City at the conclusion of the tem of th.U Hemorenclu:a of
Under.tanding withcut the necelSity of any ~8tru:nent of conveyance.
7. That the BotU\ical ~1aty '!U~. ~s\t~ th:i. HLnaal!lller.it Practices
.. .....
dew loped by the Nature Conserv8ncy for Orthal1cus. resu res~, lbi Stock Is land
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Tree Snail.
. 8. That the BotBnical Society will not use or permit any perlJon to use tn any
manner whatsoever the pre.misu, nor any lq>rovements I'lCN CX\ or hereafter
constructed or placed on said premises, nor any pottion thereof,for any purpose
calculated to injure the reputation of the premises or of the ne1ghboring
property, nor for any purpose or use in violatlon of federal, .tate, or local
'Page 4 of 9
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The City agrees:
1. To provide security, by routine police patrol, for the prl!lll1.ses, at no
. .
greater le.....1 than that currently provided and ,ciont~ent. Upon contlilued fundil'lg"
~ . . . . '.~' .
of t~ cunent'lewl. .~ ::.i:.. ..".
2. To provide tw SS-gallon druna to be lervic.ed foi"pida,Jp by the City'. soUd
wute contractor'at no cost .to Botanical SoCietY',f1d ~o'Wai"""landfi~l tipping
fees until f~l ~andfill closure only, of tr~s f1'Olll the prelll!.Us. Seld
EM vaiver shall not extend beyood the landfill closure date of the Clty's
lAndfill.
J. Opening and cloaing of the pr8ad.s81 shall be the respcas1hllity of ltaff at
Bay&ho~~~~;'\:~y ~ F;1day, opening '~o.be ~t 8:00 a.II.~ clOlii1g at
" ',... ," . .' ". ".,.
S:oo p.lI. Opening and clodllg CX1 S&t\Jrda~ and Sunday. vill be the
. relp'av1hllity of the Botanical Society.
lbe Hemoranciu of Underltanding nt. forth aU the covmants, p~es,
&.grM.lllet\t., and underltandingl between the City and the Botanlcal Soclety
concerning the preaU.s8l. No subse<pent alteratlCX1, amencfoent, change, or
addition to th1..a Hemorandua lhall be binding upon the Clty or the Botanical
Society unl... reduced to vriting and duly executed by both partie..
nu.. lIIlIIIlOraDU shall be effecti..... .. of the 7th day of Sept~., 1991
and for fifteen (IS) year. thereafter.
~l!na.d-IIl&Y be tBrlldna:t.ed-~lthq..pcrty upOO-one-(l) Y~itten
....~~....
nod.ce to the other party at the addru.... .et forth below, and uy.<<bo."be
te.rmI~t~ by eith.r ~y for~~t:4i;;b~'!'fthec~t. and'.~t.a...
cont.a1ned herein upon thirty (.'30) da~' mttal notice to the other party at the
address.. let forth belO\(.
Page 5 of 9
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Page 6 of 9
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LEGAL DFSOUPrION
From the intersection of the centerline of U.S. Highway Number One (1) and
the east abutment of the Stock Island Highway Bridge go easterly along the
centerline of U.S. Highway Number One (1) a distance of 300.00 feet to a point;
thence making a deflection angle of 91 degrees 10 minutes with the last described
course a distance of 305.64 feet to a point; thence making a deflection angle
of 32 degrees 40 minutes to the left with the last described course.a distance
of 330.00 feet to Traverse Point One; thence making a deflection angle of 13
degrees 13 minutes to the right with the last described course a distance of
300.00 feet to Traverse Point Two; thence making a deflection angle of 8 degrees
49 minutes to the right with the last described course a distance of 265.00 feet
to Traverse Point Three and the Point of Beginning of the parcel of land herein
being described; thence run in a northeasterly direction parallel with the
southerly line of the land held by the Cerebral Palsy Association 200 feet to
a point; thence turn a deflection angle of 79 degrees 30 minutes right and run
thence southerly 210 feet to the northerly line of the Monroe County Hospital
property; thence northeasterly and at right angles, along the northerly line of
said Hospital property 300 feet ,to a point; thence turn a deflection angles of
31 degrees 15 minutes 10 seconds right and run thence 111.91 feet to the
northeast comer of the said Hospital property; thence turn a deflection angle
of 87 degrees 45 minutes left and run thence northwesterly 435 feet to a point;
thence turri. 8, deflection angle of 29 degrees zero minutes right and run thence
northeasterly 400 feet to a point; thence turn a deflection angle of 12 degrees
15 minutes. left and run thence northerly 300 feet to a point; thence tum a
deflecti01i~ng1e of 61 degrees 45 minutes left and run thence northwesterly 50
feet to a point; thence turn a deflection angle of 89 degrees zero minutes left
and run thence southwesterly 585 feet to a point which bears N 20 degrees 8
minutes E from the northeast comer of property described in OR 365 at Page 324
of the Public Records of Monroe County, Florida; thence run 130 feet more or less
to said northeast corner; thence run easterly. along the northerly line of the
property of the Florida Keys Aqueduct Conmission 200 feet to a point; thence run
southerly along the easterly line of said Florida Keys Aqueduct Conmission
, property 401.18 feet to the southeast corner of said property; thence run
westerly along the southerly line of said Florida Keys Aqueduct Conmission
property 200.36 feet to the southwest comer of said property; thence turn a
deflection angle of 45 degrees left and run thence southwesterly along the
southerly line of a 30 foot wide easement 372.71 feet to a point on the tangent
line between traverse points 3 and 4; thence run southerly along said tangent
line 106 feet back to the point of beginning, containing 11 acres more or less.
AlSO, a parcel purportedly belonging to the City and lying along the Northeast
boundary of Hospital Road where it intersects with Junior College Road, and
measuring approximately 200.00' x 53.28' x 202.85" x 53.16', and comprising
approximately 10,600.00 square feet, shown as Parcel IIA" on a Phillips & Trice
survey dated May 3, 1981.
Excluding those areas of encroachment by Monroe County depicted on a survey dated
5/1/91 titled IIAgreement between Monroe County and City of Key West".
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Page 7 of 9
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KEY WEST BOTANICAL GARDEN
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THOlUS E. POPE, P.A. .ARCHITECT
010 1Ih1t.e Btnel, X.,. yat FL (306) 2lIS 3011
6920 Collelle Road
ac.y We.t. n 53~0
Page 8 of 9
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DY WEST BOTANICAL GARDEN
5gaO COU.,. Road
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Page 9 of 9
THE RESTORATI~ OF TH~ KEYWE'T BOTANICAL GARDENS: PHASE I
Construction of 'laltor Pavlltlon. Co~rtyard. and Water Feature
Proiect Acti\;tY Cost Matching Amount Match De8criDtion
Architectural & E:ftlnoerlng
Project Manageme . t $ 28,800.00 $ 28,800.00 Donation
legal $ 7.500.00 $ 7,500.00 Donation
Engineering Studie' S 10.000.00 $ 10,000.00 Donation
Architectural Design & Plans $ 21.700.00 $ 21,700.00 Donation
Subtotal $ 68,000.00 $ 68,000.00
Construction of ~ns
Design and Installation:
Landscape Oe$ipn $ 10,000.00 $ 10,000.00 Donation
Soil preparation i $ 2,500.00
Landscape In~llation $ 7,000.00 $ 4,000.00 Donation
Plant matenal ' $ 25.000.00 $ 13.000.00 Donation
Itrigation : $ 15,000.00 $ 500.00 Cash
Equipment Ren~1 $ 4,500.00
Signage $ 6.000.00
Native Plant Consujtants $ 9,600.00 $ 9,600.00 Donation
Plant Information p"-ques $ 1,725.00 $ 1,725.00 Donation
Specimen Plants S 7,000.00 $ 7,000.00 Donation
Site Preparation $ 9,400.00 $ 9,400.00 Donation
Subtoal , $ 97,725.00 S 55,225.00
Conatructlon of vteltor Pavilion, Courty_, Stllge, and Water Feature
Construction Breaijiown:
2 prefabricated g_bos <<I $80,000 $ 120,000.00 $ 16,000.00 Cash
Foundations $ 6,500.00 $ 3,200.00 Cash
Gazebo installatio~ $ 25,000.00 $ 12,500.00 Donations & Cash
Carpentry-shell ins"'Uation* S 3,000.00 $ 1,500.00 Donations & Cash
Plumbing, rough* $ 3,000.00 $ 1,500.00 Donations & Cash
Electric, rough. $ 2,000.00 $ 1,000.00 Cash
CableJtelephone, ~ugh $ 580.00 $ 290.00 Cash
AlC rough* $ 2,000.00 S ',000.00 cash
Windows, doors. ~ing* $ 4,000.00 $ 2,000.00 Donations & Cash
Gutters- $ 3,000.00 $ 1,500.00 Donations & Caah
Drywall/insulation- S 1,500.00 $ 750.00 Donations & Cash
Electric, him $ 2,000.00 $ , ,000.00 Cash
Plumbing, trim. $ 3,000.00 $ 1,500.00 Donations
AlC units, trim* $ 3,000.00 $ 1,500.00 Donations & Cash
Carpentry, trim* $ 2,000.00 $ 1,000.00 Donations
Tile* $ 3,000.00 $ ',500.00 Donation. & Cash
Infrastructure of Buildings $ 4,000.00 $ 2,000.00 Cash
Painting* $ 4,000.00 $ 1,000.00 Donations
Entry gates* $ 5,000.00 $ 1,500.00 Cash
Exterior benches : $ 2.000.00 $ 1,000.00 Donations
Courtyard $ 20,000.00 $ 10,000.00 Donations & Cash
Stage $ 4,000.00 $ 2,000.00 Donations & Cash
EXHIBIT 2
Page 1 of 2
Foreman S 9.000.00 $ 4.500.00
BUilding Supplies:
Water fountain $ 500.00 $ 250.00 Cash
Cistern $ 5,500.00 $ 2,500,00 Cash
Lumber $ 4,000.00 S 2,000.00 Donations
· = includes ma.uials
Interior Design , $ 9.500.00 $ 9.500.00 Donation
Security & Support ~tems $ 8,500.00 $ 7,400.00 Cash
Rock Wall & Weter ealure $ 20,500.00 $ 4.000.00 00n8tion
Repair Existing Wa.
Rock S 2,800.00 $ 2,800.00 Donation
Labor $ 800.00 $ 800.00 Volunteers
Ughting $ 22.000.00 $ 11.000.00 Donation & Cash
Remove Shed & TeJephone Po_ $ 5,000.00 $ 5,000.00 Donation
Subtotal $ 310,680.00 $ 114,990.00
Teal S 476,405.00 $ 238.215.00
Item. not Includ~ In origin.' dNft propo;.1
Property Boundary $urvey $ 10,000.00 $ 10,000.00 Donation
Infrastructure; sewer, electric. water,
cabfe. phone from JStreet to site $ 1(J.OOO-$20.000 $ 10.000.00 Donation & Cash
Entry and Safety Signs $ 23,000.00 S 2,000.00 Donat/on
Insurance $ 3.000.00
Contingency-10% $5(2,241-$53,405 $26,120- $26,102
Subtotel $9',241 - $99,405 $48,120-$48,702
Total $5741646-$575,810 $286,335+-$286,917
10l3OlOO JEM-1
Page 2 of 2