Item C43 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
I ,
Meeting Date:December 11,2013 Division:Public Works&Engineering
Bulk Item: Yes Mi No Staff Contact Person:Kevin Wilson
AGENDA ITEM WORDING: Approval of the Second Amendment to the Lease Agreement with
the Pigeon Key Preservation Foundation.
ITEM BACKGROUND:The vehicle access ramp connecting Pigeon Key to the Old Seven Mile
bridge is in need of repair.The lease agreement assigns sole responsibility for;epair and maintenance
of the access ramp to the Foundation.In addition to the fact that the costs of the repairs are prohibitive,
encumbering the Lessee with the sole financial responsibility for the repairs limits the sources of
funding available for such repairs.
PREVIOUS RELEVANT BOCC ACTION:
Previously amended the lease to delete the requirement that Lessee maintain property insurance on the
leasehold.
CONTRACT/AGRFFTF CHANGES:
Deletes language that assigns sole responsibility for repair and maintenance of the vehicle access ramp
to Lessee.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: TBD
BUDGETED: Yes_ No XX
COST TO COUNTY:N/A SOURCE OF FUND:
REVENUE PRODUCING: Yes No XX AMOUNT PER MONTH
APPROVED BY: County Atty '4(OMBll&urchasing Risk Management
DOCUMENTATION: Included XX Not Required
DISPOSITION:
I AGENDA ITEM# CL/13
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
•
CONTRACT SUMMARY
Contract with: Pigeon Key Foundation Contract#
Effective Date:
Expiration Date::
Contract Purpose/Description Second Amendment to lease amending Sec.2 regarding
the maintenance of premises and facilities.
Contract Manager: Beth Leto 4560 Public Works/#1
(Name) (Ext) ; (Department/Stop#)
for BOCC meeting on December 11,2013 Agenda Deadline:Nov.25,2013
CONTRACT COSTS
Total Dollar Value of Contract: , $ Current Year Portion. $
Budgeted?Yes❑ No❑ Account Code:
Grant: $
County Match: $
-ADDITIONAL—COSTS
Estimated Ongoing Costs: $ . /yr. For:
(Not included in dollar value above) (e.g.,:maintenance,utilities,janitorial,salaries,etc:)
CONTRACT REVIEW
y .
Changes Date Out
Date In Needed Reviewer
Division Director Yes!:Non •
Risk Management IA-4/-13 Yos❑NoV
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Yes❑N `‘)Yes❑No0 (Z 14 j13
Comments:
SECOND AMENDMENT TO LEASE AGREEMENT
PIGEON KEY PRESERVATION FOUNDATION
THIS AMENDMENT (hereafter Amendment) is made and entered into this 11th day of
December,2013 by and between Monroe County, a political subdivision of the State of Florida,
whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereinafter
"County", "Lessor" or "Owner"), and the Pigeon Key Preservation Foundation, A Florida Not-
For-Profit Corporation,P.O.Box 500130,Marathon Fl.33050(hereinafter"Lessee").
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WHEREAS,on the 19th of October 1993 County and Lessee entered in to a 30 year lease
for the parcel of property known as"Pigeon Key";and
WHERE-AS, on the 16th of January 2013 County and Lessee executed a lease amendment
deleting Lessee's obligation to maintain property insurance due to its prohibitive cost;and
WHEREAS,under the terms of the lease,Lessee is required to maintain the vehicle ramp
connecting Pigeon Key to the Old Seven Mile bridge;and
WHEREAS,the maintenance cost for the ramp is prohibitive;and
WHEREAS, the ramp requires refurbishment and repairs based on a lifecycle that
exceeds the terms of the basic lease; and,
WHEREAS, encumbering the Lessee with the sole financial responsibility for the repairs
limits the sources of funding available for such repairs;now therefore;
IN CONSIDERATION of the premises and of ithe mutual covenants and agreements
herein contained,and other valuable considerations,the parties agree as follows:
SECTION 1. Article 2. MAINTENANCE OF PREMISES AND FACILITIES of the original
agreement is amended as follows:
2.MAINTNENANCE OF PREMISES AND FACILITIES.
Lessee has inspected the premises and agrees to accept possession of the premises
in"as is"condition.
Lessee shall maintain the grounds in a neat condition at all times at Lessee's sole
expense.
Lessee shall maintain the facilities including the buildings, sewage system, boat
basin, picnic shelters, generator, fuel tank, and any appurtenances thereof and any
improvements made in a state of good repair and in a sanitary condition at all times.
Work such as stabilization repairs and painting will be deemed maintenance. Buildings
shall be maintained as Historical Buildings in conformance with applicable regulations.
Lessee shall not commit nor suffer to be committed waste to leasehold property or to any
improvements thereon. Lessee acknowledges that Lessor shall have no responsibility for
the operation and maintenance of the leasehold except to provide such municipal services
as are available to and are provided to all property owners or occupants of property
within Monroe County,Florida,at the Lessees expense.The parties agree that neither the
Lessor nor the Lessee shall have any obligation to the other party to maintain the bridge
that currently connects the Island to Knight s Key. The Lessor will maintain the ramp
from the bridge to the Island If the bridge cannot be used for access to the Island the
Lessee may provide public access through other means,including the use of watercraft.
SECTION 2. All other provisions of the October 19, 1993 original lease and the January 16t
2013 lease amendment not inconsistent herewith,shall remain in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
duplicate by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA
By By
Deputy Clerk Mayor Sylvia Murphy
Date
(CORPORATE SEAL)
ATTEST: PIGEON KEY PRESERVATION FOUNDATION
AiFlorid4 Not-for-Profit Corporation
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