Item D10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
JULY 17, 2002
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an amendment to the agreement with Key West Botanical Garden Society
amending Exhibit 2 as of the date of agreement
ITEM BACKGROUND:
Due to difficulties conforming the reimbursement requests to the detailed line item budget
because as entities donate goods and services to the project, the need for funding specific
items changes. The Clerk & County Attorney's Office have requested a more generally stated
budget to be substituted as long as the total amount does not change.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original agreement at them meeting of December 14, 2000, amendment
extending agreement for one year at their meeting of September 20, 2001.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $ 276,878 BUDGETED: YES
COST TO COUNTY: $ 276,878 /TOURIST PAY
REVENUE PRODUCING: YES X NO AMOUNT PER MONTH
YEAR
APPROVED BY: County Attorney x OMS/Purchasing X Risk Management X
- - -
DIVISION DIRECTOR APPROVAL:
(Lynda M, Stuart)
DOCUMENTATION: Included: X To Follow:_Not Required_
DISPOSITION: Agenda Item # 2/0
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key West Botanical Contract #
Garden SocielY Effective Date: September 20,2001
Expiration Date: September 30, 2002
Contract PurposelDescription:
Approval of an amendment to the agreement with Key West Botanical Society
Amending exhibit 2 as of the date of agreement.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 7/17/02 Agenda Deadline: 7/2/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 276,878
Current Year Portion: $
Budgeted? Yes[8] No D
Grant: $
County Match: $
Account Codes: 117 - 77040-530340- T07M346 Y 530460
----
----
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Date In Needed
W/p.~ YesDNo[B-'
YesDNoD
Date Out
Risk Management
O.M.B./Purchasing YesD NoD
County Attorney ~YeSD NoB
Comments:
S.Hutton
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEME~T
THIS ADDENDUM to agreement is made and entered into this _ day of
2002, between the County of Monroe (hereinafter "County") and the Key West Botanical
Garden Society (hereinafter "Society").
WHEREAS, the parties entered into a contract on December 14, 2000, to fund
construction of a Botanical Garden Education/Information Center and Butterfly Garden in
the Key West Botanical Garden and Arboretum; and
WHEREAS, considerable in-kind donations of design, administrative, site
preparatory and other selVices and a building have been applied to the project; and
WHEREAS, the Society has received unexpected in-kind donations which alters the
need for funding of specific line items, some increasing and others decreasing; and
WHEREAS, Exhibit 2 of the original agreement has a detailed budget which allows
for a 10% deviation per line item without having to amend the agreement; and
WHEREAS, it is desired to merge some line items into broader classifications which
encompass the original line items but result in fewer line items with larger amounts to
avoid numerous contract amendments as the funded portion of the project progresses; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Exhibit 2 of the Agreement shall be replaced by the Revised Exhibit 2
attached hereto and incorporated herein by reference.
2. The remaining provisions of the contract dated December 14. 2000, not
inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
Key West Botanical Garden Society
President
(SEAL)
ATTEST: OANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
Deputy Clerk
Mayor/Chairman
EXHIBIT 2
as of 6/26102 Cash In-Kind TOTAL current revised
Expense
1 ADMINISTRATION 39,000 18,760
2 DESIGN/PLANNING 61,300 48,350
3 SITE PREP/MOBILIZATION 68,500 85,203
4 LANDSCAPE 51,225 31,225
5 SERVICE BLDG/GAZEBO 145,000 126,445
6 FOUNDATION/MASONRY 36,000 92,870
7 CARPENTRY 7,000 10,200
8 ELECTRICAL 15,000 21,600
9 PLUMBING 16,000 26,850
10 INT. FINISH 14,580 24,562
11 EXT FINISH 14,000 24,444
12 SECURITY/SAFETY 62,500 19,596
CONTINGENCY 52,866 52,866
TOTAL 582,971 582.971
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2001, 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, there was a contract entered into on December 14, 2000, between
the parties, awarding $276,878 to the Key West Botanical Garden Society, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for the Key West Botanical Garden Society to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
1. Contract period as outlined in Paragraph 1 be extended to September 30,
2002.
2. The following sentence shall be added at the end of Paragraph 3:
"Funding under this agreement is contingent upon annual appropriation by
the County."
I
3. The remaining provisions of the contract dated December. 14, 2000,
remain in full force and effect.
West Botanical Garden Society
T: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
. ~~~~SSIONERS OF
~~U~,F~ d
Mayor/Chairman ~
-
G;;~
, .-
1..._." .
GRANT OF FUNDS
This AGREEMENT dated thelft:4 day Of~OOO, 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 Education/Information
Center and Butterfly Garden which shall include but not be limited to, a new entry with
an education/information 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 harmlesslindemnification 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 TDC 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 BOCCfTDC 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 otherwise 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 otherwise
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
TNESS WHEREOF, the parties hereto have caused this agreement to be
ay and year first above written.
BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
~~ -e ~~~=FJ
Mayor/Chairman
-
(SEAL)
ATTEST:
Key West Botanical Garden Society
Secretary
BY~~
President
By:
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
6
......-:;
.: ::}.~. - ;" '-.:". . '.
RE'3a.l1naI NJ. 91- J 22
.' ::. ",I.._.:.~.~~:~.; __
. "". '. .:~:.:I~ ~''''.':'.:' ..'.... ...~.,
., It. : RESa'..l1rIaf" AP8loVIro;:..AND :'.Al1I1DUZnc ' '..
, 00I::l1rraf ; OF .;iAITAQIfI)): ~: OP' "
~ BElWEEN DE CI"IY OF.Q;Y WEST,
FI.CllIn\ AND ~. WESr oorANICAL GARr:E2f
&X:IaY. ne.; I'BOVID~.~ D!~n~ o.m:.
lDlj 'lH!1URItE...BElT RESCLVED &y<-~h-, City,CCllmitsion. of' the CLI:;,.
of Key West, Florida that I the attached Hemorandun' of Underitand1ng' between the
. ,
City of Key West. Florida. and the Key West Botanical Carden Society, Inc. 1..t
hanby approved., subje~t to the contingencies '8t&ted balO\of:
1) ,City -.ball have tha right to allow County to cOnstruct
arid ~e.in fence at 6 feet he1.gfu: arid parking spaces
u shor.m on 5/1/91- survey.
City. .hall hA~ the right to. allOli County to use
ex:L'lting roadway.. shol.a on 5/1/91 '~ey liith' a'ccIss
to, County CODpound through proposed 10 feet gates as
'sholm on survey.
The:C1ty Manager 11 hereby authorized to exeCute edd He.mOrandlm on behalf of
2)
,
the City of Key West, and the City Clerk 1.8 hereby authorized to attest to hi.
signature and affix the Seal of the Gity thereto.
This ResoluticxJ shall go into effect. Lmled!4taly:upon its passage and
. .. . .., .' .
adopticn and authenticaticxJ by the dgnaturu of the prUid1ng officer and the
Clerk of the Co:mU.ssion.
Pused and adopted by the City Co:mU.ss1.on at a meeting held thU ~day
of July , 1991.
.~~~
BYI SALLY J... IS, MAYOR
STATE or FLORIDA)
COUNTY' or MOl/ROE)
eITX' or KEY fEST):
.~
---
PRO TEMPORE
This oopy 1~ n trulI OOPT ot thll
orl,ln:11 011 1'11. In thh attioll.
rUne.!!.", 'N'h/!nd. ~~z:t.!,:nl '
tbh ~:1jJ,dl17 c.!. . 19..s.l..
, JOSEP!!OI.. PMKER
C!l'':' GL.!:RK
By ::::1cw,~'
EXHIBIT 1
Page 1 of 9
y
~:-.. ...- .
~ ". ....
HEKlWllUf OF IN:USI'ANDzm'
..
Thi~ Hemorandum Of Understandin~ ~t.red 1n~o thi. \3~y of Sept~, 1991,
bet'Neen the 'City of Key We.t., P'lorida, a lIlI.lnici9al Corporation organized and
exuting under the law. of the State of Florida, (hereinafter, "City") and the
Key We.t Botanical Garden Soc1e.t~, Inc., a Florida nonprofit corporation
(harelnalter, ''Botanical Society").
WI1NESSE'IH
\m1lFAS. the .Cit;y u the owner of a parcel of real property known .. the Key
w..t Botanical Gardan and Arboretum. (hare~t.r, "the pr8lllUu") located on
Stock bland, ~y We',t, Florida. (See a~tached Exhibit A, Legal Descri9tion
sdopted . and incorporated herein by reference): and
.......... .... cloy ........ """ "",pt.... ~Iu/;,"" 2008 00 J""'-Y 3, 1961 I
. est~luh1r1g the property .. a permanent Bo~ical Garden and Arboret:u:a., and
~. both the City and the Botanical Society are COIImitted to. the
responsible lIl8nagement of the habitat of the only known 4tXtant pOpulation of
the federally endsngared 'pecf.a. OrthallCUI rue.a resu, The Stock Island Tree
Snail, and both are cOlllllitted to preserving the aesthetic bea..aty of the reunant
tropical Iwzmock Iofhich provide. habitat for other threatened and endangered ,
specie.: and
\lmtFAs. ~~';~~~~~~:fc:!r::.~~l o~'~a ~.~.- I
9~_thlI. perlll8nent"i;tan!.caJ. Gardea ,&Cd Arborer:ua put'8Uc1t to 1Wolut:ica t
200a:-lofith anY"~80rd1nar}.' expen.es to be approved by the City C"aaW11.bn; and
~~ theC~ty hu prevUlualy ~""ad the prl!lD1.au to tha Key West Carden
Club, a Florida Cocporatien, and .aid lease expire.a in Septl!%lber 1991, and
the Botanical Garden Comdttee of the Key West Carden Club llSBI.med
respoosibLlity for the preservation and lII4intenance of the prearl3es; and
..uEREAs, the Botanical Garden Camittee of the Key West Garden Club, with the
approval of the Key West Garden Club, f0r1ll811y formed the Key Weat Botanical
Garden Society, Inc, for the sole purpose of expanding its meabersh1p to better
Page 2 of 9
,.,,'
~ln,""; .... .~e<v. ~ .no!>",
and
l.., ......" .
. i .~ \ . .
.... I'.
\mB,EAS. the; Key ''''est .~den Club' previously entered into. Hemorandum of
Understanding with.The Nature Cooservancy, delineating responsibllltles 'for the
". . . .....:. '.~;':..:.~:d" 'o.:J ~L.' r;"V. Pt':~",'''~..:tL: ': . :. .~..:i.-...i
management. of the habltat of the federally .fIl~eredspecies, Orthallcu.s reses
. ..".',.. - t .'.' ;"", . I . ','_: ,:....v... ,.
!!!!!,. Tha Stock II Land Tree Snail t. (~" ~t.~che.~ Exhib.lt .8); and
. .. ~ '. . . .
, .- ; :I,~., .
',",. ~. .",. ..
".':.'
"0., :'" ."~
\IIEREAS,. the Botanlcal,Soclety.1n,~encUI ~o. enter lnto a similar Memorandum of
Understanding with l,he ~t:ure Ccaseryancy up~:ex~cu.tl~ of thil Agreement for
. . l.. . I' ;.... '. ~.' I ..\:: I':.; : . . . _ .
the s_ p\ltllOs.. i and
"
.i I
\ImlFAS, t:ha ~r::.nic&l Society hu s.ta~~, 1.~" By-~s the ~~U~ p~es:
to. pruerv., develop, s:nd maintain ~ Key \l~s!= ~~l~l Gar~.. an arboretull,
.... ",- ".:':. ." .
botan1.calgarden, andwilpUfa refuge; and"tP. ~age educat1.ooa1 we of the
. .!o.. ..".. .. .... .,,~I.;.:. ...' ..1",
Key \lest Botanical G~ by school children. yout1\ orgmwtlona, college
. .. . . t~. ". . r: '".. . . ,. .
st:udents, residents of the Florida Keys and vLdton from .other areu who Yish.
to' learn abciut tropical vegetation and wi~dl.ife 1ndigerlOJl to the Florlda Keys,
,"' , ... . 0' ., . ... '. .
(See attached Exhibit C);, ar;d _ . ,
, . - .' . . ,. ~ 0..
~,.....~..B.otan~..Soc;1a~'!;t.l:h~~.~ ~tain the p~,u at no ,
coat 1::0 t:ha City for: i~ s~u r sod;~ .. '.
./......;, ;..{'.;........
o. ...;.,,....
\IDEAS, ..,5P-~~fCJIt. ~~.t.1:-~~ ,to ,~, ..,l0'-rqa r1an for the"
eohanc-*1t and buutification of ~ p~.. utilizing the kcowledge of experts
. . -.j
in the fields ~f sub-a:oPical flora and fauna; and
.. . ". . ".. I. ~
\tiERW .
it, 1.a in the but interuts of the City, both fucally and
env1ronmentally. to haw the Botanical Society preserve, llIllintain aM enhance
t:ha p~..;
.....
".-..':-' .
;;' :
}Ol DDD'CII.E, t:bI City and the Botanical SOc18ty agree' as foll0W8:
.... ~.....
Tha Botanical Society agrees:
1. To preserve the pt:emi.su as a sub-tropical bot:.snic.a1 garden and nstlve
ehardowood hamoock, and to operate sald ~r~.u to provi~ the necessary care and
Page 3 of 9
--r .
. maintenance, to develop << long-range plan for the enha.Qcement and beautifLcation
"of the garden, "and to encourage the educatlonal use of ..the prllllllsell by all
sectors of the CCXllDJnity.
2. To encourage .tate and loc:al agencle. to lIB. the preml3es .. a' bot.anical
garden and arboretum as the partie. hereto ,hell de8lll advbable.
J. That tha BotAnical Soclety .hall not USe the . premises for any other purpose r
unless such purpose is approved by the City CcmDJ.sslon or (as to one-time uses
such as fundraisers) by the City Hanager.
4. ~t,!{lY ~ital ~t'OV8Dent. to the preadsu shall be .uhn1.tted to the Clty
Hanag;-;:;~P~roval'prlor to coamencement of eonatruction, and tha Ci~ Hanager (-
shall have ~ right to deny approval for .ame, and the Botanical Soclety .hall
obtain the app.rovel of the City Building Department and the City E:.ng1l1eer and
any 'neceaaary . permit., prior to the coamencement of construction. Capital
~t'OV8IlBl\t. .hall include provis~ ofutllity service. to the .preud.ses.
S'. That there shall, during the tUIII of !:hi. Hemorandua, be no J!l&chanics' liens
upon any building. or 1Jq>t'OV8Dents which may at any time be put upon or be upon
sai~ premises, arid that in case of any lllechanii:.' liens, the Botanical Society
au'-t payoff the same; and that if default in paymeat thereof shall continue for
thirty (30) days after written notice, the City shall have the right: and
privilege, at It. option, to pay oU the .~ or any port~on of the I8me, and
the IIID:lUI1t .0 paid, including expe.riIes, shall, at the optf.on of the City be due
and payable by the Botanic.al Socisty with inter...e thereon at the rate of .ix
(6) percene per AnnlD, and in addition the City shall have the. rlght to,
f..amedI.tely t8r1ll1nate th1l Hemorandu:a of ~.t.anding withale the nec....ity of r
pr:ovlding any further I19tioe to the Botanical Society.
6. That any perlllllnent 1q:lrovement. to the premis... .hall beccma the exclusive
property of tha City at the conclusion of the eet'1ll of t:h1.a Hemorandull of
Undant.andlng without the nec...ity of any ~.ttullene of conveyance.
7. That the Botanical So;cisty '!U~ . ~$"". t~ ~tiJ.. HuJ4&l!IDl!I:lt Practices
developed by the Nature Conserv8ncy for Orthallc:ua. res.. res~, nvi Stock Island
-
Tree Snail.
. 8. Thae the Botanical Society \fill not us. or permit any per.on to use ln any
IIWlr1er whatsoever the Pr:eali.ses, nor any ~rovement. now en or hereafter
constructed or placed on said premises, nor any portion thereof,for any purpose
calculated to injure the reputatien of the prem.i.ses or of the neighboring
property. oor for any purpose or use in violation of federal, state, or local
.Page 4 of 9
~...
~ ....
.. .
1.....
..
'c"" .... :..
'.
" . ~ . .... .
.,,' I",~','(~ ~.".~...:.'.;.
The City agrees:
1. To provide lec::urlty, by routine police patrol, for the preaU..ses, at no
greater le...1 than that currently p~videcl and .ciont~81t(IPon cont1nued funding" .
~ ~ . . . .... I. .
of the euir...t'lewl. . .-::'~" ..
2. To provide tw 55-gallon druna to be lerviced fot-pickJ,Jp by the City'l loUd
waste contr.ctor'.t no cost .to Botanical SoCiety, ,f'd ~o:waive'landf1~l Upping
fee. until final Jandfill closure only, of tr1amJ.ng. from the pread.ses. S.id
. .
fee ",.iver shall not extend beyond tM landfill cloaure d.te of the City I.
landfill.
J. ep.tina and e101ina of the pr8m1.su lhall be the rUpaI8ibi.Uty of ltaff at
,. .
Bayaho~. IiaOOr;\,Halday t;lU::cugh Friday, opinina to be ~t 8:00 ....-, clos1i1g at
. ' . . ..J'.... .;' ',' : .'. . 0' <: .'
5:00 . p..:' . ~~ and clO~1na on Satw:da~ and Sunday. will be tha
. relpooalbility of the Bot.snical Soc1aty.
tb8 Hemormdua of Underltand~ leta forth all the Covea.sntl, p~es,
agreement., and \A1derltanding. between the City and the Botanical Soc1ety
c:oncemina the pr:e:dsea. No 8UblleqJ8C1t altar.tion, 8IIlE!l'ldDent, ch.Inge, or
addition to t:h1.I Hemoranch..u lhall be b~Ulg upon the City or the Botanical
Society unleu recb:ed to Io{t'itina and duly 8X8OJted by both partiel.
nu. IllllIIIOt'sndJlll lhall be eUective .. of the 7th day of Sept~., 1991
and for flftMn (15) years thereafter.
,
~i!nl:bi-IIl&Y be t~~lthu..party upai-cne-(l) Y~itten
....~.....
~ to. tM other party .t the addres.... let forth beleM, and lII&)J.<<bo:be
tarm4n.oo"ed by eithu- ~y for~~t4i..';~~'~fthe C~ts and~ta...
c:oat.a1ned herein upon t:h.f.rty (30) da~' vritten notice to the other party .t the
addresses set forth belOW'.
Page 5 of 9
.' t
i.
,.
I
i
!
I
i
I
I
I
ATIEST:
ATIEsT :
~~~\t\~ ~~:-t1.f~~~
. (SEAL)
. I
...... .,'
. :......
'1.;,:
t
Page 6 of 9
(\.
I..EGAL DESCRIPTION
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 co.Jrse 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 tum 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 secooos right and run thence 111.91 feet to the
northeast corner 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 turn. 4. deflection angle of 29 degrees zero minutes right and run thence
northeasterly 400 feet to a point. thence tum a deflection angle of 12 degrees
15 minutes. left . and run thence northerly 300 feet to a point. thence tum a
deflectioil.angle 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 corner of property described in CR 365 at Page 324
of the J;iJblic Records of Monroe COWlty, 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 poirit; thence run
southerly along the easterly line of said Florida Keys Aqueduct Coamission
, property 401.18 feet to the southeast corner of said property. thence run
westerly along the southerly line of said Florida Keys Aqueduct Comnission
property 200.36 feet to the southwest corner 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.
M.SO, 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 "A" 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 "Agreement between Monroe County and City of Key West".
Page 7 of 9
,
I
\
I ,d,I:. I' '0 1'011 :.llll.~1 liil'j~ll iL .lh,U lieu ~la" 01 10: 29: I~ 2000
~ Illl'
/'.
/ "
// /
/
/
/
/
/
/
/
/
/
/
/
/
/
/
// ,(ho
/ '65'eo
./ .
/
./ I o.
// .11
( I
I
I
I
I
I
}-"
. '.
/ ".
.I ......,.,
/
/
",., /
'.-;
.
.
.
.
i'
.
.
.
.
.
~
~
.
.
.
.
l~ ~
II ~.
'I
.
'. .
.
.
.
en
.....
r-t"
en
~
g
'II
I
THOIUS E. POPE, P.A. ARCBITECT
KEY 1I'ES'l' BOT.ANICAL GARDEN
010 1Ih1ta Iltnet, Xq...at n. (3OCI) 2110 3011
5D20 cou.,. Road
Kay w... J'l 530.&0
Page 8 of 9
,I
:,':.' '.~
I
I
I
I
I
I
I
I
I
I
I
/
D
,.' I
;....
,I
I.~
(' c] !~f1ts r.rl BOT ~I!IC!:L SIlF.PHASEI,owg wed Mal' 01 10: 34: 55 2000
ZiO
-1-<
~l>
ZiO
Om
,ml>
'"
o
~~)..
~,?:>~
-l)..O
~,~ C? ,
o
o
lJ
I
lP
m
~
.'
"
"'-..
I
I
U:
1:1
, "
/"
/
(\
a
<
<
~
G'
~
~H ~ ""d
W ~ P'
:t
....
:"1 f!.
C/l
....
I ("'P
(1)
III llZ
""d G\ )>m
..... 1 ~~
g
OJ -z
I 0 ~-i
""d r r~
::r ~
P" OJ 80
to 0 m
CD G\ ~
0
- it!
0 m
< ~
m <P
~
~
rl1
OC
()~
~~
O(fl
zc:
1J
[]hO la~Om ~
, ]:~~mlD~(p (I) ~
2~~J~~ t:S OJ
~~ ~ ~ ~. 5
~m 2 ~ G\
i
(p
-I
m
;U
1]
)>
<
r
()
Z
I~ ~ il.l'
THOIiWl B. POPE, Pi ARCHlTBCT
DY WBS'l' BOTANICAL GARDEN
5920 Coil.,. Road
Key w..t, n
D
1110 1fh1lA Stnet, It.,. W'A n. (:IOCl) llllll :seu
Page 9 of 9
THE RESTORAT"N OF THE KEY WEpT BOTANICAL GARDENS: PHASE I
Construction of ...Itor P.vlltlon. Co~rtyard. and Water feature
Project Acti\ftv Cost Matching Amount Match DescriDtion
Archltectunl' . E:f:.....rlnG
Project Manageme t $ 28,800.00 $ 28,800,00 Donation
legal $ 7,500.00 $ 7,500.00 Donation
Engineering Studieli $ 10,000.00 $ 10,000,00 Donation
Architectural Design & Plans $ 21.700.00 $ 21,700,00 Donation
Subtotal $ 68,000.00 $ 66.000.00
Conatruction of Gtardena
Design ancIl"staI~n:
Landscape f?e5'Pn $ 10.000,00 $ 10.000.00 Donation
Soil preparation i $ 2.500.00
landscape In~lation $ 7,000.00 $ 4,000.00 Donation
Plant material I $ 25.000.00 $ 13.000.00 Donation
Irrigation : $ 15,000.00 $ 500.00 Cash
Equipment Ran.1 $ 4,500.00
Signage $ 6.000.00
Native Plant Consu'tants $ 9,600.00 $ 9,600.00 Donation
Plant information pilques $ 1,725,00 $ 1,725.00 Donation
Specimen Plants $ 7.000,00 $ 7,000.00 Donation
Site Preparation , $ 9,400.00 $ 9,400.00 Donation
Subtoal $ 97,725.00 $ 55.225.00
Conatructton of v~ Pavilion, Courty_, Shlge. and Water Future
Construction ~:
2 prefabricated g__ @ $60,000 $ 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 insfatlation. $ 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
Cableltefephone, ~gh S 580,00 $ 290.00 Cash
Ale rough. S 2,000.00 $ 1,000.00 CaSh
Windows, doors, ~ing. $ 4,000.00 $ 2.000.00 Donations & Cash
Gutters* $ 3,000.00 $ 1.500.00 Donations & Cash
Drywa/lIinsulation* $ 1,500.00 S 760.00 Donations & Cash
Electric. trim $ 2,000.00 $ 1,000.00 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. S 3,000.00 $ 1,500.00 Donations & Cash
Infrastructure of BUildings S 4,000.00 $ 2,000,00 Cash
Painting. S 4,000.00 S 1.000.00 Donations
Entry gates. $ 5.000.00 $ 1,500,00 Cash
Exterior benches : $ 2.000.00 $ 1,000,00 Oonations
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 $ 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 $ 2,000.00 Donations
· = i"cludes ma~rials
Interior Design , $ 9.500.00 $ 9,500,00 Donation
Security & Support ~ $ 8,500.00 $ 7,.00,00 Cash
Rock Wall & Water eature $ 20.500.00 $ 4,000.00 Oon8tion
Repair Existing Wa.
Rock $ 2,800.00 $ 2,800.00 DonatiOn
Labor $ 800.00 $ eoo,oo Volunteers
Ughting $ 22,000.00 $ 11,000.00 Donation & Cash
Remove Shed & Tefephone Po," $ 5,000.00 $ 5,000.00 Donation
Subtotal $ 310,680.00 $ 114,ggo.00
Total $ 478,405.00 $ 238.215.00
Items not Includ~ In origin.' chft propo;.'
Property Boundary $urvey $ 10,000,00 $ 10,000,00 Donation
Infrastructure: ~, electric, water,
cabfe, phone from IStreet to site $ 1Q.OOO-$20,OOO $ 10,000.00 Donation & Cash
Entry and Safety Signs $ 23,000,00 $ 2,000,00 Donation
Insurance $ 3,000.00
Contingency-10% $512,241-$53,405 $26.120- $26,702
Subtotal '9',241 - $99,405 $48,120-$48,702
Togl $574.646-$575,810 $286.335+-$286,917
10l3OI00 JEM-1
Page 2 of 2
THE FLORIDA KEYS & KEY WEST
Come as you are TM
P.O. 1bc 866, Keg West, 11orit:la 33041 USA. (305) 296-1552 fax: (305) 296-0'788
http://www.fla-keys.com KeysSa~LCDm
MEMORANDUM
DATE:
July 15, 2002
TO:
Monroe County Board of County Commissioners
FROM:
TOC Administrative Office
RE:
Agenda Item 0-10 - Amendment - Key West Botanical Society
Assistant County Attorney Hutton has just provided this office with a revised Exhibit 2 for the Amendment to the
agreement with the Key West Botanical Society - 010 - on your agenda for July 17, 2002.
Please replace the Exhibit 2 within your packet with the attached revised Exhibit. I will also have copies of this
revision at the meeting.
If you should have any questions, please do not hesitate to contact Lynda Stuart at the TOC Administrative
Offic.e (305) 296-1552.
Thank you in advance for your consideration.
Attachment (1)
P.O.lbc 866, Keg West, 11orit:la 33041 USA. (305) 296-1552 fax: (305) 296-0788
htt:D:/Iwww.fla.kevs.co~ KepSa~LCDm
VJO
EXHIBIT 2
1:41PM
"",.
~...
Key we.t Botanical Garden. Building Project
Profit & Lass .. Cash VB. Inklnd
October 1, 2000 tbtaugh.lune 11, 2U02
NJ Of 1m142
cunnt revised
E..-..
, ADIIINISlRATlON 38.OQD 1',710
2 DES1GNIPLANNING '1'- 44,750
3 STE PREPIMOBIUZAl1ON .... 11,775
. LANDSCAPE 51221 11400
5 SERVICE BI.DGIGAZEBO 141,000 '''014
. FOUNDATlONIMASONRY -.oao '15..
7 CARPEN'1RY 7,aoo 14171
I EU:CTRICAL. '1,000 Z7000
. PI-UMBING 18000 20850
10 INT. FINISH 14,S1O 21532
11 EXT FINISH 1.taaD 20,_
12 SEaJRITYlSAFETY G500 18.-
CON11NGENCY 5Z,IIG 11,244
.... 582,971 582,971
At least one-half of the total amount above shall be provided through in-kind services
and matching funds.