Item C31BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012 Division: Public Works/Engineering
Bulk Item: Yes X No _ Department: Public Works/Animal Control
Staff Contact Person/Phone #:Dent Pierce/292-4560
AGENDA ITEM WORDING: Authorization for the County Administrator to send a letter to the
City of Key West to request the City to consider amending its current 99-year lease with the County to
increase the parcel of property on Stock Island to facilitate the Florida Keys SPCA in building a new
animal shelter adjacent to the current animal control facility.
ITEM BACKGROUND: The Florida Keys Society for Prevention of Cruelty to Animals, Inc.
(FKSPCA), the County's current animal control contractor, which serves the City of Key West and
Lower Florida Keys, has approached the County and City and expressed an interest in building a new
animal control shelter on property adjacent to the current animal control facility on Stock Island. The
City owns the land where the current animal control facility is located and leases the land to the
County for a term of 99 years (commencing November 12, 1985 and ending on November 11, 2084).
The proposed project by the FKSPCA is to build a new animal shelter and to also remodel the current
animal control facility on Stock Island in exchange the County will sublease the remaining term of the
99-year lease to the FKSPCA and contract for future animal control enforcement and services in the
current service area. The County is requesting the City to enlarge the parcel of property currently
leased by the City under its current 99-year lease to accommodate the FKSPCA's proposed project and
also to amend the May 16, 1978 Joint Participation Agreement between the County and City to further
clarify the responsibilities and commitment of the parties related to animal control services.
PREVIOUS RELEVANT BOCC ACTION: Current contract with FKSPCA was approved on May
18, 2005 and amended on April 19, 2006, September 20, 2006, May 17, 2007, February 16, 2011,
August 17, 2011 and August 15, 2012. The Contract was renewed on April 21, 2010 and will expire
on June 30, 2015. The BOCC on July 18, 2007 passed Resolution 262-2007 to explore with the City
the transfer of the deeds for the Stock Island parcels now leased to the County for the purposes of
animal control/sheltering facilities at the current location.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
APPROVED BY: County Atty
DOCUMENTATION: Included X
DISPOSITION:
Revised 7/09
OMB/Purchasing
Not Required
Year
Risk Management
AGENDA ITEM #
Draft letter to City of Key West
The Florida Keys Society for Prevention of Cruelty to Animals, Inc. (Florida Keys SPCA), Monroe County's
current animal control contractor, which services the City of Key West and Lower Florida Keys, has
expressed an interest in building a new animal shelter on the City of Key West property adjacent to the
existing animal shelter on Stock Island.
In order to facilitate the construction of a new shelter and remodeling of the current shelter, Monroe
County would like to explore options with the City of Key West in order to facilitate the proposed project
by the Florida Keys SPCA. The County is requesting the City of Key West to consider amending its current
99-year lease with the County to expand the tract of land on Stock Island County in order to make the
construction of a new animal shelter and remodeling of the current shelter by the Florida Keys SPCA
possible. The County would also suggest that the Joint Participation Agreement dated May 16t", 1978
between the City and County be revised to further clarify the responsibilities and commitment of the
parties related to animal control services.
We look forward to working with your staff and the Florida Keys SPCA to move this project forward. A
new animal and improved animal facility will be a benefit to both the Citizens of Key West and Monroe
County.
Thank you in advance for your consideration.
Sincerely,
Roman Gastesi, Jr.
County Administrator
Cc: Florida Keys SPCA
FLORIDA KEYS SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS, INC.
5230 College Road • Key West, FL 33040
(305)294-4857 • Fax (305)294-1331
www.FKSPCA.org • InfoaFKSPCA.org • www.Facebook.com/fkspca
The animal shelter on Stock Island has been in dire need of replacement for a long time and the
Florida Keys SPCA has been working toward that goal for a number of years. One of the biggest
obstacles to that end has been the search for land that is appropriately zoned and located for an
animal shelter. While the location of the current shelter is optimal, the parcel on which the current
shelter is located is much too small for the building requirements of a modern animal shelter that
will meet the needs of both the Lower Keys community and nationally accepted, up to date
standards for animal welfare.
The Florida Keys SPCA is proud of the Lower Keys community's support for its efforts to build a
new animal shelter. Thanks to their generosity, the FKSPCA has raised over $700,000 to date.
However, the lack of an identified site for the new shelter has hampered fund raising and grant
opportunities.
Currently, the City of Key West is exploring the use of land adjacent to the Stock Island animal
shelter for the purpose of providing services for homeless individuals. The Florida Keys SPCA
understands that not all the available property will be needed for this facility and that City
officials are willing to make a portion of the property available to the FKSPCA to allow the
constriction of a new animal shelter. (Please see the accompanying survey to indicate possible
available parcel.) The Florida Keys SPCA has engaged the services of Bacon Group, a nationally
known architectural firm that specializes in animal care facilities, to develop preliminary designs
for the property (included).
Monroe County currently holds a 99-year lease with the City of Key West for the land on which
the Stock Island animal shelter resides. That lease expires in 2084. Discussions with Shawn
Smith, Attorney for the City of Key West, and City Commissioners indicate a willingness on the
part of city staff and officials to amend the lease and interlocal agreement to include the
additional land outlined for the remainder of the current lease.
Florida Keys SPCA is asking the Monroe County BOCC to formally request the City of Key
West to amend the lease and interlocal agreement to include the land as outlined. The FKSPCA is
asking Monroe County to assign the amended lease to the Florida Keys SPCA so that the
FKSPCA can raise the necessary funds to build a new facility.
By working together, Monroe County, the City of Key West, and the Florida Keys SPCA can
properly serve the community and provide for the safety the people and animals alike for years to
come.
Attachments:
Site survey indicating additional property
Site plan
Preliminary floor plan
Rendering (while the finished style NN-ill likely vary- from v hat is shown, the concept of a txN-o-story- stilt
building is accurate)
Prviactim) Pais im Paradise
The Florida Keys SPCA, Inc. is a non-profit 501 (c) (3) corporation, ID#65-0891564. A copy of the official registration and n financial information may be obtained
from the Division of Consumer Services by calling toll -free 1-800-435-7352 within the state. Registration does not imply endorsement, approval or
recommendation by the state.
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Memorandum of Meeting -0-1
Re: Facilities Discussion with City of Key West and Monroe County
From: Niels Hubbell Florida Keys SPCA Facilities Chair
To Attendees: Carol Schreck aide Monroe County Commissioner Carruthers
Dent Pierce Monroe County Director Public Works
Christine Limbert-Barrows Assistant Monroe County Attorney
Tony Yaniz City of Key West Commissioner
Shawn Smith City of Key West Attorney
Tammy Fox -Royer Executive Director FKSPCA
Connie Christian Vice President FKSPCA
There is a consensus agreement between the public, Monroe County, The City of Key West and the
Florida Keys Society for Prevention of Cruelty to Animals, that the lower keys is in desperate need of
new facilities for animal shelter and care. This was the third in a series of ongoing meetings between
the FKSPCA, representatives of Monroe County and the City of Key West, working as a team to create a
solution. The goal is by working together to resolve the challenges, the parties involved, can expedite
making the new facilities a reality.
The meeting began with a brief update for new attendees regarding the history of the FKSPCA's search
for a new building site and the solutions initially discussed in the previous June 11, 2012 meeting. The
FKSPCA reiterated it has committed to working with the city and county in attempting to site our new
building adjacent to existing facility to ensure continuity of service for both Monroe County and the City
of Key West. Since the first meeting, the FKSPCA has engaged the services of, The Bacon Group, a
nationally known architectural firm who specializes in animal care facilities, to develop plans for the new
facility. In addition FKSPCA is on the verge of launching a Capital Campaign for funding for the new
building. The schedule anticipates the need to have a commitment in principle for the building location
and a schematic design by November prior to launching the Capital Campaign.
In the June 111" meeting, a general consensus was reached that it would be advantageous for all
concerned for the new SPCA facility to be located next to existing facility. The method proposed to
make that happen, agreed upon in principle at the earlier meeting, was for the city to modify the
existing interlocal agreement with the county for lease of the present property to incorporate additional
land as required for the new facility. The county in turn would provide the FKSPCA with a sub lease for
the building site that ran for the remaining term of the existing city/county agreement. This earlier
proposal was reviewed in depth by both Shawn Smith and Christine Lambert- Barrows. Issues raised
that needed to be resolved included a completed survey and legal description of the land to be included
in the amended lease. To move forward on these items the FKSPCA would provide a pdf to county
1of2
Memorandum of Meeting -0-1
attorney showing land that was under consideration for the new building. Don Craig was to be
contacted, by city attorney's office, to provide the additional information the city had to date on the
land so that a legal definition could be crafted for the lease revision. In addition it was discussed that it
would be advantageous to update the current joint participation agreement between the city and
county. The city would also verify that the land remaining on site would be sufficient for potential KOTS
facility.
The need of a longer contract term upon renewal of contract for animal control services between the
county and FKSPCA was also discussed. FKSPCA is requesting that, prior to them committing funds to
build the new facility, the county would commit to a long term contract when the FKSPCA contract is
renewed at 2015. A long-term contract would give FKSPCA assurance that they would have a revenue
stream to cover anticipated costs of maintaining and staffing the new facility. This issue was discussed
in detail and FKSPCA agreed to review at board level and decide what would be required. This item will
require additional meetings between county staff and FKSPCA. At this time the FKSPCA board is of the
opinion that a twenty-year contract, terms to be negotiated, would be sufficient and is waiting to open
discussion on the matter.
In order to expedite city and county approval of the proposed interlocal agreement and later sub lease
in time to allow for the Capital Campaign to precede the following schedule was discussed:
FKSPCA to prepare a package for submission to the County Commission for the October 17,
2012 meeting. The supporting materials and request to be submitted to the county (Dent
Pierce, Christine Limbert-Barrows and Heather Carruthers) no later than Oct.2nd to allow for
website posting.
Upon approval by County Commission, county staff would send a formal request to City of Key
West (Shawn Smith and Tony Yaniz) for a modification to the existing interlocal. Upon approval
by Key West City Commission, city and county legal staff and FKSPCA to work out final details of
modifications.
cc: Roman Gastesi Monroe County Administrator
Don Craig Planner City of Key West
Florida Keys SPCA Board
2of2
99-YEAR LEASE AGREEMENT
THIS INDENTURE made and entered into as of the o?o r)y day of
-J c e'Wo e r- , A.D. 1985 between the City of Key West, Florida,
a municipal corporation organized and existing under the laws of the
State of Florida, party of the first part, hereinafter designated as
the Lessor, and County of Monroe, a political subdivision fo the State
of Florida, party of the second part, hereinafter designed as the
Lessee,
W I T N E S S E T H:
1. The first party hereto in consideration of the rents
hereinafter reserved under the covenants and agreements hereinafter
expressed in the party of the second part, to be kept, performed and
fulfilled, has demised and leased under the Lease all of the following
described property situated in lying in being in Monroe County, State
of Florida, to wit: A parcel of land on Stock Island, Monroe County,
Florida, and described by metes and bounds as follows:
From the intersection of the centerline of the south land of
U.S. Highway No. 1 and the easterly abutment of the Cow Key
Channel Bridge go North 71 Degrees 19 Minutes East a
distance of 300 feet to a point of intersection with the
approximate centerline of Country Club Road; thence along
said approximate centerline North 19 degrees 51 Minutes West
a distance of 330 feet to Point #1; thence North 39 Degrees
18 Minutes West a distance of 300 feet to Point #2; thence
North 30 Degrees 29 Minutes West a distance of 265 feet to
Point #3; thence North 03 Degrees 13 Minutes R1est a distance
of 152 feet of Point #4; thence North 20 Degrees 08 Minutes
East a distance of 600 feet to Point #5; thence South 69
Degrees 52 Minutes East, 28.8 feet to the Point of Beginning
of the parcel of land herein described; thence continue
South 69 Degrees 52 Minutes East, along a cyclone fence,
145.7 feet to a point; thence South 30 Degrees 08 Minutes
West, along a cyclone fence, 19.1 feet to a point; thence
North 83 Degrees 08 Minutes West, along a cyclone fence,
36.7 feet to a point; thence South 20 Degrees 08 Minutes
West, along a cyclone fence, 120.1 feet to a point; thence
North 69 Degrees 52 Minutes West, along a cyclone fence,
119.4 feet to a point; thence Northeasterly, along a cyclone
fence, 149.2 feet back to the Point of Beginning, but
excepting from any land described herein the building or
trailer currently occupied by Billie Cheek, which property
shall not be included in this lease agreement.
(1)
To have and to hold the above -described property under the Lease
for and during the term of 99 years commencing on the 12th day of
November , A.D. 1985 and ending on the llt.h day of
November A.D. 2084.
2. The Lessee in consideration of the entering into the Lease of
the property aforesaid does hereby covenant and agree with the Lessor
to pay rent as follows:
The Lessee covenants and agrees to pay the Lessor rent for said
demised premises during the demised term of 99 years. The yearly
rental of $10.00 (ten dollars), which is due on the 19tr day of
November of every year of the said demised term.
3. The County will continue to operate the Animal Control
Facility.
4. The County agrees to maintain the animal control program and
enforce the animal control ordinances of the parties herein.
5. In so far as the provisions thereof are not inconsistent with
this interlocal agreement, the City of Key West and Monroe County do
ratify and affirm and agree to continue the provisions of the Joint
Participation Agreement between them, entered into on May 16, 1978.
As further consideration for the leasing and demising aforesaid, the
Lessee further covenants, promises, and agrees to develop and maintain
the premises as an animal control shelter and shall rebuild, repair,
and reconstruct the animal control facilities located on Junior
College Road, Stock Island, Florida.
6. It is hereby covenanted, stipulated, and agreed by, for, and
between the parties hereto that there shall be no mechanics liens upon
any improvements which may anytime be pat upon or be upon the demised
property; that in case of mechanics liens, the Lessee must pay off the
same, and that if default and payment thereof should continue for 30
days after written notice, the Lessor shall have the right and
privilege at its option to pay off the same or any portion of the
same, and the amounts paid, excluding expenses, shall at the Lessor's
(2)
option be additional rent due from the said Lessee at the next rent
due after such payment..
7. Lessee hereby further covenants and agrees to use said
premises for the sole purpose of an animal shelter and related and
associated uses.
8. it is expressly covenanted between the parties that the
Lessee will keep and save the Lessor forever harmless from any penalty
and damage or charges imposed for any violation of any laws where
occasioned by the neglect of Lessee; and that such Lessee will
indemnify and save and keep harmless the Lessor against from any
costs, lost, damages or expense arising out of any accidents or other
occurence causing injury to any person or property whomsoever,
whatsoever, and to directly or indirectly to the the use of premises
or any part thereof, by the Lessee. The Lessee shall secure at its
own exprense from an approved insurance company the following
described insurance coverage which will protect the legal liability to
the Lessor and Lessee, to pay for the coverage which will protect the
Lessor and the Lessee from any claims of personal injury or damage
which might arise out of or in connection with the conduct of the
Animal Shelter or any act or acts of Lessee's agents and invitees or
employees. Minimum limits of such policy shall be $50,000 for one
person or $100,000 for more than one person arising out of one
accident and property damage maximum of $5,000.00.
9. It is fully understood and agreed by and between the parties
hereto that it is the condition of this Lease that any improvements
upon said premises, at the termination of the demised term providing
that this Lease is not sooner terrminated, shall become the exclusive
property of the City of Key West, Florida, without any instrument or
conveyance from said Lessee to Lessor.
IN WITNESS WHEREOF, the Lessor is called these presents to be
executed in the name by its Mayor and Common seal affixed and attested
by the City Clerk, and the Lessee caused these presents in the name of
by the Chairman of the Board of County Commissioners and attested by
(3)
the Clerk of the Circuit Court of Monroe County, ex officio Clerk of
the Board of County Commissioners, all as of the day and year first
above written and executed in duplicate.
(SEAL)
PARKER, CITY CLERK
(SEAL)
CITY OF KEY WEST, FLORIDA
RICHARD A. HEYMAN, MAYOR
HOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
i
MAYOR/CHAIRMAN
ATTEST: DANNY L. KOLKAGE, Clerk
CLERK
(4)
AS TO FORM
Sl/FfIC1ENCY.
BY
AumnWs Office
W67ST END- STot-k ISLA,J.D
NoRTu oF: U.S. No.
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SOUTN!�WN Mj)ST
HUMAPIE SOCIETY
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JOINT PARTICIPATION AGREEMENT
THIS AGREEMENT, entered into this 16 day of May
, 1978, by and between THE CITY OF KEY WEST,
FLORIDA, hereinafter referred to as "CITY"; and MONROE COUNTY,
FLORIDA, hereinafter referred to as "COUNTY",
W I T N E S S E T H:
WHEREAS, the City presently operates an animal control
facilitv on Stock Island, Florida, and
WHEREAS, the County also operates an animal control facil-
ity in the County, and
WHEREAS, the City and the County both agree that it will
be in the best interests of the citizens of the City and County
that one operation be maintained,
NOW, THEREFORE, in consideration of the mutual covenants,
promises, contributions, and premises herein contained, the
parties agree as follows:
1. The City hereby lets and leases to the County, for
the period of Twenty-five (25) years, from and after this date
that tract of land, together with improvements thereon, in the
the County of Monroe, State of Florida, described in Schedule A
attached hereto. This agreement is made and accepted on the con-
dition that the premises conveyed be used solely for the operation
of an animal control facility. In the event that the property is
not used solely for the operation of an animal control facility,
then this agreement shall be null and void and possession of the
premises shall immediately revert to the City without notice or
demand.
2. That the City will cooperate with the County in making
such changes in its ordinances as are reasonable and necessary as
requested by the County to assure reasonable control of all animals
within the City by the County.
Page 1 of 3 Pages
1
3. That the City hereby leases to the County the truck
presently being used by the City for picking up animals for the
term of this agreement.
4. That for a period of three (3) years, the City shall
provide, appropriate and pay over to the County the funds necessary
for employment of one (1) employee in the animal program to be
maintained by the County.
5. The County agrees to maintain an animal control pro-
gram and to enforce the animal control ordinances within the City
of Key Tdest, Florida.
6. The parties agree that if the County fails to provide
an animal control program within the City of Key [lest and if the
City provides a thirty (30) day notice of said failure and the
County .fails to perform in accordance with all reasonable requests
of the City, that the City can terminate this agreement whereupon
the County shall vacate any property which the City has leased
to the County at the outset of this contract, reasonable wear and
tear excepted. The parties further agree that if this agreement
becomes null and void or is terminated, that the County shall have
the right to remove any and all improvements, equipment or fix-
tures placed upon the property during its occupancy so long as
such removal does not destroy the property being leased hereunder.
7. Should the County wish to terminate this contract,
then it shall give the City sixty (60) days notice of such desire,
upon expiration of said sixty (60) days, this agreement shall be-
come null and void and the County shall vacate and return to the
City any property it received from the City, reasonable wear and
tear excepted. The parties further agree that if this agreement
becomes null and void or is terminated, that the County shall have
the right to remove any and all improvements, equipment or fix-
tures placed upon the property during its occupancy so long as
such removal does not destroy the property being leased hereunder.
Page 2 of 3 Pages
8. The parties agree to cooperate and encourage the aid
and assistance of the Southernmost Humane Society, Inc., or its
successor in carrying out the objectives and obligations of this
contract.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by their officials thereunto duly
authorized.
COUNTY OF MONROE, STATE OF FLORIDA
�!7
Bi�
a`l�yorAffd Chairman o_ t e Board
of County Commissioners of
Monroe County, Florida
(Seal)
Attest:
Clerk
THE CITY OF KEY WEa RIDA
By
Mayor /
t McCoy (Seal)
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my approval.
By
Attorney's Office
Page 3 of 3 Pages
SCHEDULE A
A parcel of land on Stock Island, Monroe County,
Florida, and described by metes and bounds as follows:
From the intersection of the centerline of the
south lane of U.S. Highway No. 1 and the east-
erly abutment of the Cow Key Channel Bridge go
North 71 Degrees 19 Minutes East a distance of
300 feet to a point of intersection with the
approximate centerline of Country Club Road;
thence along said approximate centerline North
19 Degrees 51 Minutes West a distance of 305.64
feet to Point #0; thence North 52 Degrees 31
Minutes West a distance of 330 feet to Point
#1; thence North 39 Degrees 18 Minutes West a
distance of 300 feet to Point #2; thence
North 30 Degrees 29 Minutes West a distance
of 265 feet to Point #3; thence North 03 Degrees
13 Minutes West•a distance of 152 feet to
Point #4; thence North 20 Degrees 08 Minutes
East a distance of 600 feet to Point #5; thence
South 69 Degrees 52 Minutes East, 38.8 feet
to the Point of Beginning of the parcel of
land herein described; thence continue South
69 Degrees 52 Minutes East, along a cyclone
fence, 145.7 feet to a point; thence South
20 Degrees 08 Minutes West, along a cyclone
fence, 19.1 feet to a point; thence North 83
Degrees 08 Minutes West, along a cyclone
fence, 36.7 feet to a point; thence South 20
Degrees 08 Minutes West, along a cyclone
fence, 120.1 feet to a point; thence North
69 Degrees 52 Minutes West, along a cyclone
fence, 119.4 feet to a point; thence North-
easterly, along a cyclone fence, 149.2 feet
back to the Point of Beginning.
RESOLUTION NO.132 -1978
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF
THE BOARD OF COUNTY COM11ISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE A JOINT PARTICIPATION AGREEMENT
BY AND BETWEEN THE CITY OF KEY WEST, FLORIDA, AND
MONROE COUNTY, FLORIDA, FOR THE OPERATION OF AN
ANIMAL CONTROL FACILITY ON STOCK ISLAND, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COV21ISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mavor and Chairman be authorized to execute a
Joint Participation Agreement by and between The City of Key West,
Florida, and Monroe County, Florida, a copy of same being attached
hereto, for the operation of an animal control facility on Stock
Island, Florida.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 16th
day of May, 1978.
Attest:
Clerk
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
afor and Chairman
(Seal)
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my apprq,4
y
Attorney's Office