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Item C16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17. 18. 2003 Division: Public Works Bulk Item: Yes ---X- No Department: Public Works AGENDA ITEM WORDING: Approval of a Management Contract Renewal with the Key West Art and Historical Society to continue use of the Lighthouse Property in Key West. ITEM BACKGROUND: On December 31, 2003, the current Management Contract with the Key West Art and Historical Society will expire. Staff recommends to renew the contract for an additional 20 year period commencing January 1,2004. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: To extend the Management Contract with the Key West Art and Historical Society for 20 years commencing January 1, 2004, and terminating December 31, 2023. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes SOURCE OF FUNDS: No N/A REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty-X- DIVISION DIRECTOR APPROVAL: OMBlPurchasing ----K- Risk Management _X_ ~a ?/28>18 Dent Pierce, Director Public Works DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDAITEM#r:'/{ Revised 1/03 . 28 I Front Street Key West, FL 33040 305-295-6616 FAX 305-295-6649 www.kwahs.com .:. KEy WEST MUSEUM OF ART & HISTORY at the CUSTOM HOUSE 281 Front Street Key West, FL 33040 305-295-6616 .:. KEy WEST LIGHTHOUSE MUSEUM 938 Whitehead Street Key West, FL 33040 305-294-0012 .:. EAST MARTELLO MUSEUM 3501 South Roosevelt Blvd. Key West, FL 33040 305-296-3913 FAX 305-296-6206 . Monroe County Public Works Division 3583 S. Roosevelt Blvd. Key West, Florida 33040 Johnny King Sr. Director Lower Keys Operations .. . June 4, 2003 Dear Mr. King, Key West Art & Historical Society respectfully requests a renewal of our lease with Monroe County for the Key West Lighthouse property located at 938 Whitehead Street, Key West, Florida 33040. Renewal is not due until December 2003, however I am not sure exactly what it is we would need to insure a renewal at this time. Sincerely, 1) {~~ Diane Rippe Director of Operations (::.~-f~-: T-~.~.T~f-~:-- JUN 0 9 2003 I; ~. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: K.W. Art & Historical So Contract # Effective Date: Expiration Date: 01/01/04 12/31/23 Contract PurposelDescription: Lease for the Ke West Art and Historical Societ to continue the use of the Li hthouse Pro e located at the comer of Whitehead Street and Truman Avenue in the C't of Ke West. Contract Manager: Ann Riger (Name) ~ n fa:) for BOCC meetin on 4549 Facilities Maint/Sto #4 (Ext.) (Department/Stop #) 9' / :;'.(d3 enda Deadline: 69/J(}/OO CONTRACT COSTS Total Dollar Value of Contract: $ N/A Budgeted? YesO No 0 Account Codes: Grant: $ County Match: $ Current Year Portion: $ N/ A - - - ---- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $~yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes D:"In Needed Division Director if 'bfD3 YesD NoD Risk Management 21"/03 YesO Nol!::r O.M.B./Purchasing 151 L-.Ol D -Sy esO No~ tounty Attorney 8 - -zz - 03.: esO No Comments: OMB Form Revised 2/27/01 MCP #2 Date Out MANAGEMENT CONTRACT RENEWAL (The Lighthouse Property) ~ r~ "'S"f~_1lllS MANAGpMENT CONTRACT RENEWAL is made and entered into this J&" day of~003, between the Board of County Commissioners of Monroe County, Florida, and the Key West Art and Historical Society,. a non-profit corporation of the State of Florida, in order to continue the use of the Lighthouse Property located at the comer of Whitehead Street and Truman Avenue in the City of Key West, Florida, as a historic monument as described in the original Management Contract commencing on January 1st, 1983 and terminating December 31, 2003 (a copy with is incorporated hereto by reference); as follows; 1. This Management Contract Renewal shall be for a period of 20 years commencing on the 1st day of January, 2004, through the 31st day of December 31,2023. 2. The Key West Art and Historical Society covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of the Organization utilizing the property governed by this lease agreement. 3. The Key West Art and Historical Society shall carry General Liability insurance naming the Monroe County BOCC as additionally insured throughout the term of this contract as further defined on the attached document entitled 'General Liability Insurance Requirements for Lease!R.ental of Property Owned by the County' . 4. In all other respects, the original Management Contract remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year frrst written above. (Seal) Attest: Danny L. Kolhage, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: (Seal) Attest: KEY WEST ART AND mSTORICAL SOCIETY By: Secretary By: President MONROE COUNTY ATTORI'!~ '( A 0 FORM: EAT N. WOLFE ' D;I~~ !'~~ATTOR~EY "") ) . :.i,.ff::l' ;,'j) 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the OrganizationlIndividual taking possession of the property governed by this lease/rental agreement, the OrganizationlIndividual shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage · Fire Legal Liability (with limits equal to the fair market value of the leased property.) The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the termination of the Lease/Rental Agreement. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. . "- Administration Instruction #4709.5 30 :--;-. ;' ....0 ~. MANAGEMENT CONTRACT .i.' i; ~IEREAS, the Board of County Commissioners of Monroe County, Florida, is the owner of that certain property located at the corner of Whitehead Street and Truman .Avenue in the. City of Key West, Florida, known as "The Lighthoj-lse Property", and ~IEREAS, said Board obtained title to. said property from the United States of America .in acpordance with Deed of Conveyance re- corded in Official Record Boo.k 2'67, pages' 367/371, inclusive, of the I' . . . Public Records of Mon~oe' County',' Flprida, and' ~t' '. "., \'". WHEREAS, in said Deed Conve~~nce s~~,d.. B?ard agreed continuou~l:y to use and maintain. said premises a~ and for a historic monument for a period of 20 years from the date of said conveyance, for incidental purposes pertainin thereto, and WHEREAS, in order to comply.with said provision of said Deed of Conveyance, said Board was required to keep said building on said premises open to the public, and WHEREAS, said Board did not have sufficient funds' to adequately maintain and operate said premises' as' a'historic monument, and ; WHEREAS, The Key West Art: and Historical Society, a non-profit . . r, corporation of the State of Florida, has agreed to maintain and operate said pr~ises as an Armed Forces Huseum, and' said Board de- sires to enter into an agreement with the said Art and Historical Society to operate sa~~"museum; now, "therefore, THIS AGREEMENT, Ma~e and ~n~e~~d ~nto by ~nd between the Board of County Commiss.ioners of Monro~ County, Florida, a political. sub- division of the State of Florida, hereinafter referred to as "County", party of the first part, and The Key West Art and Historic~~Society, . I here~nafter re- I a non-profit corporatio~~qf. th~ State of Florida, ~ . .:'1' : " . -~ ~.. : ferred to as "Hanager", party of the second part, WIT NI! SSE T Ii: I That for and in consideration of t~c Manager's operating the . premises owned by the County, located at the corner of ~~hitehead , i Street and Truman Avenue in th~ City of Key West, Florida, known as . . i "The Lighthouse Property.", the'r>srties hereto agree as follows: . ;1 ~""I ., J t ~ .\i4 c' ...,. ~! ; ~;'.. -2- ,.. 1. That the Manager sh~ll:be allowed .to charge admission fees, said fees to be set by the Board'of-Directors of the Key West Art and Historical Society. 2. That the Manager shall only use said premises for the pur- poses hereinabove set forth, ~nd/9r other incidental purposes per- taining to the opera~ion of said museum. 3. This agreement shall be'for-a period commencing on the 1st I day of. January, A.D. 1983,throug~ the 31st d~y of December, A.D,. 2003, unless terminated as hereinafter provided. 4. That since there is no cost to the County for salaries or other expenses connected with said management, the County agrees to pay the light and water bills incurred in the operation of said premises, and t,o make m~nol' r~pairsand maintain said property " \~ through the County Maintenance Department, as it may de~m advisable. . I. . . I 5. The Manager agrees' to make no ,~mproper or offensive use of said premises. I 6.' The Manager agrees, ,during the term of this agreement, to ! l'; operate said premises in accordance with the laws of the State of Florida, and to make nOilleg~l 'USe of said premises. 7. The Manager. ~grees, !at the ,e~pira~ion of the term of this .".. {'" ',' agreement, without 'demand, to quietly and peaceably deliver up full ,'.. I' possession of said 'premises . to, the Co~~tY. in as good condition as . , they now are, damage or destr~ct'ion ~~y,fire_and the elements only i . excepted. 8. The County ~~rees, trat upon the,performance by the Manag~r of the covenants and agreements hereinbefore set forth, the . " County will per~it ~~e, Manager: F~"q~ietly holdand enj oy said premises without any in~erruptrions' by tlw Gouqty or by any person or, persons ' ~ If: ~ "t't:." 'I ..... . .. ! :. . claiming by, through or under ;it. , I 9. It is mutually understood and agreed between the parties i. hereto that the Manager will continuous~y maintain and operate said ./ !'. . , . premises .as a public museum, wi.tl1P,1,lt. interr1.lption; d1,.1ring tI:e term , .J j; . .". '1 . . .. ". of this agreement. .Illtheeve~~:'"~llid Manag~r ceases. to operate ~aid '," r. '.' . premises for the purpqses as hereinabove set forth, this agreement shall become null and void, a~~ of ~oforceand ~ffect. ""-' l , , !. .' . i~:i-:-~<'_.;~.,:.::.:;,.~,:,;;:- ~ . -' ............' .' 'h';:V~' ii ' '~~~i>.. ..... '~ '-v . L;.j. ._~ " ;~ -3,., ... 10. It is further mutually understood, covenanted and agreed by and between the parties hereto that in the event the Legislature of the State of Florida creates ,a Monroe County Historical Commis- sian, the Manager will operatesaid.museum in accordance with the law creating said Commission and/or rules and regulations to be adopted by said Commission. 11. In the eve~t of dest~ction'.of said premises by fire.. or a.ct .of God to such an extent. that it i~ 'impossible to oper~te said museum, the M~nager shall npt be held in default during the I period of time said museum is inoperab1~.'" 12. Upon default of any of the covenants herein contained by I the Manager to be pex:~ormed, the Cou~~y shall have the right to terminate this agreement by giving 60 days' notice in writing to the Manager. IN WITNESS WHEREOF, the par~ies hereto have caused this agree- ! ment to be executed in their fespective names, all as of the ~ day of December A.D. 1982. i j" . .~. BOARD OF COUNTY COMMISSIONERS . Of ,MONROE COUNTY, FLORIDA -1./ .I // ~~ ....r..f;l:.,:..,.1~.,........(J!,.::) ,,' <.;.:..~: ", .,' :.Mayor/Chairman ...,l," " ....J . ~ , (Seal) Attest:''''~1\'1"1'1.qV~ ?,!ni~:lrf CllE~~K ' h;..'..j ill< \~. .~"~...., l i'.. ~'(~.. ()\. P~"D.~ ct ~rk I , I, KEY weST ART AND HISTORICAL ::~g~ (Seal) Attest: caJL-' 41 ~ Secre ry., :,"J, APPIIOVEDAS TO fORM ~GAL SUFFICIE~ ,. 'a~ BY ~ . .'., .., AltDmot. 0fIlr:0 _.