Item S4 S.4
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: S.4
Agenda Item Summary #10727
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: John Allen 7868473358
N/A
AGENDA ITEM WORDING: Approval of a Resolution and the accompanying Amendment to
the Community Swimming Pool Lease Agreement with Upper Keys Community Pool, Inc. to extend
the lease term for two (2)years for the property located at Key Largo Community Park.
ITEM BACKGROUND: Monroe County and Upper Keys Community Pool, Inc. ("UKCP")
entered into a twenty (20) year Community Swimming Pool Lease Agreement on December 14,
2000 ("Lease"), with the term to commence on that date and terminate on December 13, 2020. The
Lease provided for the UKCP to construct a community swimming pool and related facilities on the
edge of the Key Largo Community Park at a location known as 320 Laguna Avenue and then to
operate the facilities. UKCP and County staff inadvertently discovered recently that that the Lease
had not been extended upon its termination in December 2020. UKCP has submitted an application
for TDC funding and must have a current Lease. This Lease has been monitored by the Facilities
Maintenance Dept., but is now being transferred to the new Parks & Beaches Dept. This
Amendment is to extend the lease term for an additional two (2) years commencing retroactive to
December 14, 2020, and terminating December 13, 2022. The pool has now been constructed and
the Lease needs to be updated to provide for current laws and regulations, update the insurance
requirements, maintenance and repairs responsibilities, programming, and other provisions. This
extension of time will allow adequate time to prepare an appropriate new Lease in the interim time
period. It will also provide UKCP with a current extended Lease which will allow it to move
forward with its TDC funding application.
Pursuant to Fla. Stat. Sec 125.38, the County may authorize a not for profit organization to lease
County-owned land for the purposes of promoting community interest and welfare if the land is not
needed for other County purposes, at a fixed price, whether nominal or otherwise, with no
advertisement required. In order to do so, however, the BOCC must approve a Resolution
authorizing the lease pursuant to the provisions of the statute. State requests approval of the
Amendment and accompanying Resolution providing for a two year extension of the Lease with
UKCP.
The BOCC has provided funding to UKCP for capital costs, utilities, and operations through the
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S.4
years either via separate contracts or other lease amendments. The last Lease Amendment on
August 15, 2012, provided that the County would provide funding indefinitely, subject to
termination provisions, in an amount not to exceed $180,000.00 payable up to $15,000.00 per month
on a reimbursement basis upon submission of a proper invoice by UKCP. The County has continued
to provide such funding since August 2012.
PREVIOUS RELEVANT BOCC ACTION:
On December 14, 2000, BOCC approved a twenty (20)year Lease with Upper Keys Community
Pool for construction and operation of a pool at the Key Largo Community Park.
On March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, and March 17, 2004, the
County provided funding for capital costs and utilities via separate contracts.
On April 20, 2005, October 19, 2005, October 18, 2006, October 17, 2007, October 15, 2008,
October 21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012, the BOCC provided
funding for operations via Lease Amendments.
CONTRACT/AGREEMENT CHANGES:
Extends term of lease for two years commencing retroactive to 12-14-20 and terminating on 12-13-
22.
STAFF RECOMMENDATION: Approval of the Resolution and accompanying Amendment.
DOCUMENTATION:
Amendment to Lease Agreement to extend term - Upper Keys Pool 6-15-22 (Partially Executed
legal stamp)
Resolution with Amendment as Ex. A Partially Executed
2000-12-14 Agreement
FINANCIAL IMPACT:
Effective Date: June 15, 2022 (with term commencement date retroactive to 12/14/20)
Expiration Date: December 13, 2022
Total Dollar Value of Contract: N/A
Total Cost to County: $180,000.00 per year
Current Year Portion: $60,000.00
Budgeted: Yes
Source of Funds: Cost center no. 20531
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
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Revenue Producing: No If yes, amount:
Grant: No
County Match: No
Insurance Required: Yes (UKCP must submit current COI prior to 6/15/22)
Additional Details: This is a reimbursable contract upon submission of proper invoice by UKCP
up to the $180,000.00 per year.
Cost Center 20531
07/20/22 147-20531 - JACOB'S AQUATIC CTR UTIL, $180,000.00
REVIEWED BY:
Patricia Eables Completed 06/07/2022 1:24 PM
John Allen Completed 06/07/2022 1:44 PM
Purchasing Completed 06/07/2022 1:49 PM
Budget and Finance Completed 06/07/2022 1:52 PM
Risk Management Completed 06/07/2022 1:53 PM
Lindsey Ballard Completed 06/07/2022 2:14 PM
Board of County Commissioners Pending 06/15/2022 9:00 AM
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AMENDMENT TO COMMUNITY SWIMMING POOL
LEASE AGREEMENT TO EXTEND LEASE TERM
This Amendment to Community Swimming Pool Lease Agreement is made and entered CL
into this 151h day of June, 2022, between MONROE COUNTY, a political subdivision of the
State of Florida(hereinafter"County"),whose address is 1100 Simonton Street,Key West,Florida CL
33040, and the UPPER KEYS COMMUNITY POOL,INC.,a not for profit Florida corporation,
whose principal address is 320 Laguna Avenue, Key Largo, Florida 33037, (hereinafter"UKCP").
WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20)
year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), for the
premises described as Section 33,Township 61 South,Range 39 East,Key Largo,Monroe County, X
Florida, located on the edge of the Key Largo Community Park (hereinafter"Property"); and %
WHEREAS,UKCP operates the pool facility at 320 Laguna Avenue, Key Largo, Florida
33037, as Jacobs Aquatic Center of Key Largo, after having constructed the swimming pool and N
related facilities pursuant to the Original Lease; and
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WHEREAS, said Original Lease set forth numerous requirements which included 6
maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a 0-
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percentage of revenue to be set aside for pool operations, upkeep, maintenance and repairs; and
WHEREAS, said Original Lease provided that the County may, but is not obligated to,
appropriate revenue from any lawfully available source for construction, repair, maintenance and
operations; and
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WHEREAS, the County has provided funding for capital costs and utilities via separate
contracts dated March 22,2001,July 17,2002,February 19,2003,December 17,2003, and March 0
17, 2004; and
WHEREAS,the County has provided funding for operations via Lease Amendments dated
April 20, 2005, October 19, 2005, October 18,2006, October 17,2007, October 15,2008, October
21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012; and
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WHEREAS,the last Lease Amendment dated August 15, 2012,provided that the County
would provide funding continuing indefinitely, subject to the termination provisions of Section 10
of the Original Lease, in an amount not to exceed$180,000.00 payable up to$15,000.00 per month
on a reimbursement basis upon submission of a proper invoice by UKCP, and the County has
continued to provide such annual funding; and E
WHEREAS, in an Amendment to Agreement dated April 20, 2005, Paragraph 1 of the u
Original Lease was amended by deleting, as of the County fiscal year ending September 30, 2005,
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the last sentence requiring a $10 annual rental payment, and the County has thus not required an
annual rental payment since that date; and
WHEREAS,UKCP has submitted an application to the Tourist Development Council for
additional funding to provide continued repairs and other amenities at the pool facility and it must
have a current lease; and
WHEREAS, Monroe County has established a Parks and Beaches Department and the
monitoring of this Original Lease will now be transferred from the Facilities Maintenance
Department to the Parks & Beaches Department; and
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WHEREAS, the County and the UKCP desire to enter into a new Lease of the Property X
now that the pool has been fully constructed and the parties are in negotiations to finalize the terms %
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of a new Lease, to include, but not limited to, current laws and regulations, updated insurance
requirements, maintenance and repairs,programming, and other such terms and conditions; and
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WHEREAS, the parties desire in the interim to extend the term of the Original Lease, as
amended, for an additional two (2) year term commencing retroactive to December 14, 2020, and
terminating on December 13, 2022, or earlier if a new Lease is executed for the Property, or the 6
Lease is terminated pursuant to other provisions of the Original Lease; and 0-
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WHEREAS, Section 125.38, Florida Statutes, authorizes not for profit organizations
organized for the purposes of promoting community interest and welfare who desire the use of real
property owned by the Court or its board of county commissioners that is not needed for other
County purposes, to apply to the board of county commissioners to lease such property; and E
WHEREAS, if the Board is satisfied the desired property is required for such use and is
not needed for other purposes, the County may by a duly adopted resolution of the Board, lease 0
the property to the not for profit organization at a fixed price, whether nominal or otherwise,
regardless of the property, with no advertisement required; and u
WHEREAS, UKCP seeks to continue its current use of the property and extend the term
until December 13, 2022, or until a new Lease is entered into between the parties.
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NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements
herein contained, and other valuable considerations, the parties agree as follows:
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1. Paragraph 2 of the Original Lease is amended to reflect that the term of the initial E
twenty (20) year lease has been extended for an additional two (2)years with the additional term
to commence at the expiration of the initial term retroactive to December 14, 2020, and terminate <
on December 13,2022,unless earlier terminated by a new lease or other provisions of the Original
Lease. E
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2. The County agrees that UKCP shall continue to lease the Property for the additional
two(2) year term at no annual rental fee.
3. In all other respects,the Original Lease dated December 14, 2000, as amended,not
inconsistent herewith,remains in full force and effect.
IN WITNESS V*11IEREOF,the parties have hereunto set their hands and seal,the day and E
year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MO OE COUNTY,FLORIDA x
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UPPER KEYS COMMUNITY POOL, INC.
WITNESSES: A Florida Not for Profit Corporation
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MONRCE COUtM ATTORNEY'S OFFICE
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PATRICIA EABLES
ASIXITANTpOUNTY ATTORNEY
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S.4.b
RESOLUTION NO. -2022
A RESOLUTION BY THE BOARD OF COUNTY '
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
APPROVING A TWO (2) YEAR EXTENSION OF THE LEASE
AGREEMENT BETWEEN THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA AND THE
UPPER KEYS COMMUNITY POOL,INC. ("UKCP"),A NOT FOR
PROFIT ORGANIZATION, TO EXTEND ITS LEASE TERM OF 0
COUNTY-OWNED LAND,LOCATED AT 320 LAGUNA AVENUE,
KEY LARGO, FLORIDA, TO PROVIDE A COMMUNITY
SWIMMING POOL AND RELATED FACILITIES FOR THE E
LOCAL COMMUNITY AT THE KEY LARGO COMMUNITY
PARK; AND PROVIDING AN EFFECTIVE DATE. E
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WHEREAS, Section 125.38,Florida Statutes,authorizes not for profit organizations organized for
the purposes of promoting community interest and welfare who desire the use of real property owned by E
the County or its board of county commissioners that is not needed for other County purposes, to apply to E
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the board of county commissioners to lease such property; and U
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WHEREAS,if the Board is satisfied the desired property is required for such use and is not needed
for other purposes,the County may,by a duly adopted resolution of the Board, lease the property to the not
for profit organization at a fixed price,whether nominal or otherwise,regardless of the value of the property, CL
with no advertisement required; and
WHEREAS, pursuant to the Fla. Stat., Sec. 125.38, the adopted resolution must recite the
fact that an application has been made,the purpose for which the leased property is to be used,the
rent and terms of the lease; and �i
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WHEREAS, in March 1997, the Upper Keys Community Pool, Inc., was officially
incorporated as a Florida not for profit organization to build a community swimming pool and
related facilities in Key Largo, Florida; and
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WHEREAS, the County owned the premises described as Section 33, Township 61 South,
Range 39 East, Key Largo, Monroe County, Florida, located on the edge of the Key Largo
Community Park, known as 320 Laguna Avenue, Key Largo, Florida 33037 ("Property"), which E
was selected for the location of the community pool and related facilities; and
WHEREAS, the County and UKCP entered into a Community Swimming Pool Lease
Agreement dated December 14, 2000, ("Original Lease") for a twenty (20) year initial lease term
commencing on December 14, 2000, and terminating on December 13, 2020, at an annual rental
fee of $10.00, and the UKCP has been operating under that Original Lease since December 14,
2000; and U)
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WHEREAS, on April 20, 2005, the County approved an Amendment to Agreement which
deleted the annual $10.00 rental payment as of the County fiscal year ending September 30, 2005;
and
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S.4.b
WHEREAS, the UKCP, as a not for profit organization, has access and is able to receive 2
grants from available programs, including the Monroe County Tourist Development Council, to
assist the organization in providing funds for pool operations, repairs, maintenance, upkeep, and
other pool amenities; and
WHEREAS, the UKCP desires to continue its lease of the Property for its delivery of
services and programming at the community pool and related facilities so it may continue to
provide a safe recreational environment for the residents and visitors of the Upper Keys X
community and to apply for appropriate grant funding to assist in continued maintenance and 0
repairs and in providing its services,programming, and other amenities; and
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WHEREAS,the County and UKCP desire to extend the lease term for an additional two (2)
year term commencing retroactive to the termination of the initial lease term on December 14,
2020, and terminating on December 13, 2022, at no annual cost to UKCP; and <
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WHEREAS, the Property located at 320 Laguna Avenue, Key Largo, Florida, is owned by
the County and is not needed for other County purposes at this time; and
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WHEREAS, it is the desire of the Board to continue its lease of the County-owned Property 0
located at 320 Laguna Avenue,Key Largo, Florida,which is not currently needed for other County U
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purposes, to UKCP to provide the community swimming pool and other related facilities in order
to deliver its services and programming and provide a safe recreational environment for the Upper
Keys community; and
WHEREAS, the Amendment to Community Swimming Pool Lease Agreement to Extend
Lease Term, attached hereto and made a part of this Resolution as "Exhibit A", extends the lease
of the Property located at 320 Laguna Avenue, Key Largo, Florida, to UKCP for an additional
period of two (2) years at the rate of No Dollars ($0.00) annually, commencing retroactive to W
December 14, 2020, and terminating on December 13, 2022, unless earlier terminated.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
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Section 1. The Board hereby adopts the foregoing as findings of fact. U)
Section 2. The Board approves the Amendment to Community Pool Lease Agreement to Extend
Lease Term between the Board of County Commissioners of Monroe County, Florida
and the Upper Keys Community Pool, Inc., attached hereto and made a part of this �E
Resolution as "Exhibit A",to provide an additional two(2)year term to the initial lease
term with the term to commence retroactive to December 14, 2020, and terminate on
December 13, 2022, at no annual rental fee, allowing the not for profit organization to
continue to provide services and programming at the community pool and related
facilities for the citizens of Monroe County and visitors to the Key Largo community. 0
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Section 3. The Board hereby directs the Clerk to transmit a certified copy of this Resolution to
James Boilini, President, Upper Keys Community Pool, Inc., 320 Laguna Avenue,
Key Largo, Florida 33037.
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S.4.b
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Section 4. This resolution shall become effective upon adoption.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 151h day of June, 2022.
Mayor David Rice
Mayor Pro Tem Craig Cates
Commissioner Michelle Coldiron
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Commissioner James K. Scholl a
Commissioner Holly Merrill Raschein
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA �
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By: By:
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As Deputy Clerk Mayor David Rice
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ASSISTANT 0ATTORNEY
DATE; 67/2022
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EXHIBIT "A"
AMENDMENT TO COMMUNITY SWIMMING POOL
LEASE AGREEMENT TO EXTEND LEASE TERM
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This Amendment to Community Swimming Pool Lease Agreement is made and entered
into this 151h day of June, 2022, between MONROE COUNTY, a political subdivision of the
State of Florida(hereinafter"County"),whose address is 1100 Simonton Street,Key West,Florida
33040, and the UPPER KEYS COMMUNITY POOL,INC.,a not for profit Florida corporation,
whose principal address is 320 Laguna Avenue, Key Largo, Florida 33037, (hereinafter"UKCP"). 0
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WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20)
year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), for the
premises described as Section 33,Township 61 South,Range 39 East,Key Largo,Monroe County,
Florida, located on the edge of the Key Largo Community Park(hereinafter"Property"); and
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WHEREAS,UKCP operates the pool facility at 320 Laguna Avenue, Key Largo, Florida
33037, as Jacobs Aquatic Center of Key Largo, after having constructed the swimming pool and
related facilities pursuant to the Original Lease; and E
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WHEREAS, said Original Lease set forth numerous requirements which included
maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a
percentage of revenue to be set aside for pool operations, upkeep, maintenance and repairs; and
WHEREAS, said Original Lease provided that the County may, but is not obligated to,
appropriate revenue from any lawfully available source for construction, repair, maintenance and
operations; and
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WHEREAS, the County has provided funding for capital costs and utilities via separate
contracts dated March 22,2001,July 17,2002,February 19,2003,December 17,2003, and March
17, 2004; and
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WHEREAS,the County has provided funding for operations via Lease Amendments dated U)
April 20, 2005, October 19, 2005, October 18,2006, October 17,2007, October 15,2008, October
21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012; and E
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WHEREAS,the last Lease Amendment dated August 15, 2012,provided that the County E
would provide funding continuing indefinitely, subject to the termination provisions of Section 10
of the Original Lease,in an amount not to exceed$180,000.00 payable up to$15,000.00 per month
on a reimbursement basis upon submission of a proper invoice by UKCP, and the County has
continued to provide such annual funding; and
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WHEREAS, in an Amendment to Agreement dated April 20, 2005, Paragraph 1 of the ..
Original Lease was amended by deleting, as of the County fiscal year ending September 30, 2005,
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Packet Pg. 3528
S.4.b
the last sentence requiring a $10 annual rental payment, and the County has thus not required an
annual rental payment since that date; and
WHEREAS,UKCP has submitted an application to the Tourist Development Council for
additional funding to provide continued repairs and other amenities at the pool facility and it must
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have a current lease; and
WHEREAS, Monroe County has established a Parks and Beaches Department and the 0
monitoring of this Original Lease will now be transferred from the Facilities Maintenance
Department to the Parks & Beaches Department; and
WHEREAS, the County and the UKCP desire to enter into a new Lease of the Property
now that the pool has been fully constructed and the parties are in negotiations to finalize the terms
of a new Lease, to include, but not limited to, current laws and regulations, updated insurance 0
requirements, maintenance and repairs,programming, and other such terms and conditions; and
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WHEREAS, the parties desire in the interim to extend the term of the Original Lease, as E
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amended, for an additional two (2) year term commencing retroactive to December 14, 2020, and 0
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terminating on December 13, 2022, or earlier if a new Lease is executed for the Property, or the U
Lease is terminated pursuant to other provisions of the Original Lease; and
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WHEREAS, Section 125.38, Florida Statutes, authorizes not for profit organizations
organized for the purposes of promoting community interest and welfare who desire the use of real
property owned by the Court or its board of county commissioners that is not needed for other
County purposes, to apply to the board of county commissioners to lease such property; and
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WHEREAS, if the Board is satisfied the desired property is required for such use and is
not needed for other purposes, the County may by a duly adopted resolution of the Board, lease
the property to the not for profit organization at a fixed price, whether nominal or otherwise,
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regardless of the property, with no advertisement required; and
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WHEREAS, UKCP seeks to continue its current use of the property and extend the term
until December 13, 2022, or until a new Lease is entered into between the parties.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements E
herein contained, and other valuable considerations, the parties agree as follows:
1. Paragraph 2 of the Original Lease is amended to reflect that the term of the initial
twenty (20) year lease has been extended for an additional two (2)years with the additional term
to commence at the expiration of the initial term retroactive to December 14, 2020, and terminate 0
on December 13,2022,unless earlier terminated by a new lease or other provisions of the Original W
Lease.
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Packet Pg. 3529
2. The County agrees that UKCP shall continue to lease the Property for the additional
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two(2) year term at no annual rental fee. 2
3. In all other respects,the Original Lease dated December 14, 2000, as amended,not
inconsistent herewith,remains in full force and effect. E
IN WITNESS V*11IEREOF,the parties have hereunto set their hands and seal,the day and
year first written above. x
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(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MO OE COUNTY,FLORIDA
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BY: BY:
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As Deputy Clerk Mayor/Chairperson E
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UPPER KEYS COMMUNITY POOL, INC.
WITNESSES: A Florida Not for Profit Corporation
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Title:
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MONROE COUNTy ATTOMEVIS OFFICE
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ASIXITANTpOUNTY ATTORNEY
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 5W WHrMHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
MEMORANDUM
DATE: February 8, 2001
TO: Commissioner Murray Nelson
District V 0
FROM: Pamela G. Hanco
Deputy Clerk
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At the December 14, 2000, Board of County Commissioner's meeting the Board granted 0
approval and authorized execution of the Community Swimming Pool Lease Agreement between
Monroe County and Upper Keys Community Pool, Inc.
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Enclosed please find a copy of the above mentioned for your handling. Should you have 0
any questions please feel free to contact our office. U
Cc: County Administrator w/o document
Risk Management-W. Robertson
County Attorney
Finance E
File✓
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COMMUNITY SWIMMING POOL
LEASE AGREEMENT
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This Agreement is made and entered into on this the Iy'of Cem 2000, by
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MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College
Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY
POOL, INC., a not-for-profit corporation, whose address is 89 North Bay Harbor Drive, Key Largo,
FL 33037, hereafter UKCP.
WHEREAS, UKCP has received a generous donation for the construction and operation of a
community swimming pool and related facilities at the Key Largo Community Park, hereafter
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KLCP; and
WHEREAS, the County is desirous of leasing a portion of the KLCP for use as a community
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swimming pool and related facilities; now, therefore
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IN CONSIDERATION of the following mutual promises and covenants, the parties agree as C 0L
follows:
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1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on E
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Exhibit A (hereafter, the premises). Exhibit A is attached to, and incorporated in, this lease.
The rental payment is $10.00 per year due on the anniversary date of this lease.
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2. The term of this lease is 20 years commencing on the date first written above.
Upon the termination of this lease, either pursuant to this paragraph or as provi&d Wse&rOn
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this lease, UKCP must peacefully surrender and abandon the premises to the Cotfmtvt-c C'2 o
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3. a) Within 36 months from the date first written above, UKCP n �ausse tAe
constructed upon the premises the swimming pool and related facilities as gen al�de;M tee n
to m Cif cN
Exhibit B. UKCP may utilize the services of such architects, engineers, contractors and-trupo&rs
whom UKCP determines to be most suitable. The final location and design of the swimming pool
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and related facilities are subject to the approval of the County Engineer, but such approval is not
intended to waive the responsibility and duty of the architect(s) and engineer(s) employed by
UKCP to furnish a professionally engineered and designed high quality work product.
Packet Pg. 3532
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b) During the process of construction of the swimming pool and related facilities, and
thereafter, UKCP must not allow, suffer or permit any lien or encumbrance, however
denominated, to be filed against the premises or any part or portion of the swimming pool or
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related facilities. If such a lien or encumbrance is filed, then UKCP shall immediately cause the
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cancellation and removal of such lien or encumbrance. Further, during the process of
constructing the swimming pool and related facilities and until (a) the certificate of occupancy is
issued, (b) requests for final payment have been received from all contractors in privity with
UKCP showing that all their subcontractors and materialmen have been paid, and (c) a certificate
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of satisfaction and final payment has been received from each contractor in privity with UKCP,
UKCP must keep in full force and effect construction and performance bonds in the amount of the
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final construction price.
c) When a certificate of occupancy is issued for the swimming pool and related
facilities, then title to, and ownership of, those improvements automatically vests in the County. E
4. Notwithstanding subparagraph 3(c), once a certificate of occupancy has been 0
issued for the swimming pool and related facilities, UKCP must thereafter continuously maintain
the pool, and its water quality, in accordance with all applicable state laws and administrative
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regulations. The UKCP must also operate the pool and related facilities in accordance with all
applicable state laws and administrative regulations. All permits (state or local government)
CL
0.
necessary for the operation of the pool shall be applied for by, and shall be in the name of, UKCP.
If a fine or penalty is imposed by any state or local government agency having jurisdiction over
public swimming pools due to the failure of UKCP to keep and maintain the pool in conformity
with state law or administrative rules, then UKCP shall be solely responsible for the payment of
N
that fine or penalty. UKCP shall also be responsible for all other upkeep, maintenance and repairs
of the premises, the pool and the pool-related facilities, including but not limited to, structural N
and mechanical repairs. E
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5. a) Once the swimming pool and related facilities are complete and a certificate of
occupancy issued, then UKCP must keep open the pool and facilities daily for use by the general
public with trained life guard(s) on duty at all times that the pool is open. UKCP may also
2
Packet Pg. 3533
S.4.c
conduct, instructional and recreational programs, but when such programs are not being
conducted, the pool and facilities must be open to the general public. UKCP is authorized to
charge admission fees to members of the general public desiring to use the pool and facilities and
c
to charge fees for all instructional or recreational programs; provided, however, that fees be
0
charged for admittance or for any instructional or recreational program, must not be
differentiated based on an of the criteria set forth in b 1 below, nor on membership Y OO pin any
organization.
b) In making the swimming pool and related facilities available to the general public
E
and for instructional and recreational programs, UKCP must: °
1) Not cause, suffer or permit any individual to be discriminated against on the
basis of race, religion, national origin, gender, or sexual orientation; c
2) Not cause, , suffer or permit any individual to be discriminated against in
violation of the Americans With Disabilities Act (42 USCA 12101, et seq.).
c) All revenues generated at premises, less a reasonable reserve for administrative
overhead (not to exceed 5% of gross revenues), must be deposited by UKCP in a separate 0
dedicated pool account for the operation, upkeep, maintenance and repairs of the premises,
swimming pool and related facilities. E
E
0
d) All UKCP financial records pertaining to the premises, the swimming pool and U)
related facilities must be kept according to generally accepted accounting principles and made
0
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available to auditors employed by the County or the state during regular business hours (Monday
through Friday, 8:30 AM to 5 PM, holidays excepted). UKCP also acknowledges that all records
E
pertaining to the premises, swimming pool and related facilities are public records under Chapter
119, F.S., and must be made available for examination and copying by any member of the public
N
who so requests, in accordance with the provisions of Chapter 119, F.S.
e) The Board of County Commissioners (BOCC) may, but is not obligated to, `N
appropriate revenue from any lawfully available source for the construction, upkeep,
c�
maintenance, repair or operation of the swimming pool and related facilities, when so requested
by UKCP.
3
Packet Pg. 3534
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6. UKCP acknowledges that the premises were purchased with funds received from the
Florida Communities Trust (FCT). As a result, use of the premises is subject to the provisions of
the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated into,
0
this lease. Should the FCT determine that any portion of the lease is in conflict with any term or
0
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condition of Exhibit C, or is in conflict with any relevant provision of federal or state law or
administrative rule, then that determination will supersede any contrar
y ry provision of this lease to
the extent of the conflict.
7. a) Before opening the swimming pool and related facilities to the public, UKCP must
E
obtain the insurance as set forth in Exhibit D. Exhibit D is attached and made a part of this
lease.
0
0
b) UKCP must keep in full force and effect the insurance described in Exhibit D during
the term of this lease. If the insurance policies originally purchased which meet the requirements E
of Exhibit D are canceled, terminated or reduced in coverage, then UKCP must immediately E
substitute complying policies so that no gap in coverage occurs. 0
c) The insurance required of UKCP in this paragraph is for the protection of the
County, its property and employees, and the general public. The insurance requirement is not,
0
however, for the protection of any specific member of the general public who might be injured
because of an act or omission of UKCP, its employees, agents or contractors. The insurance
CL
CL
requirements of this paragraph are not intended to make any specific injured member of the
general public a third party beneficiary under this lease. No failure by the County to enforce this
E
paragraph shall constitute a breach of any duty or obligation owed to any specific member of the
general public, nor shall it subject the County to liability to a specific member of the general
N
public or his/her dependents, estate or heirs.
8. UKCP is liable for and must fully defend, release, discharge, indemnify and hold N
harmless the County, the members of the County Commission, County officers and employees,
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and County agents and contractors, from and against any and all claims, demands, causes of
action, losses, costs and expenses of whatever type including without limitation investigation and
witness costs and attorneys' fees and costs, that arise out of or are attributable to UKCP's actions
4
Packet Pg. 3535
S.4.c
and operation undertaken pursuant to this lease; excluding, however, any claims, demands,
damages, liabilities, actions, causes of action, losses, costs and expenses that are solely the
result of negligence of the County. UKCP's purchase of the insurance required in paragraph 7 and
c
Exhibit D does not release or vitiate its obligations under this paragraph.
0
U)
9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance
of specific duties and obligations under this lease by persons who, in UKCP's judgment, are
professionally qualified to perform such duties or obligations. No such contract will operate to
waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the
E
failure to perform any of those duties and obligations be deemed waived, absent a written waiver
approved by the BOCC.
0
b) UKCP may subcontract with a not-for-profit entity for the operation of the
swimming pool and related facilities. Any such contract is subject to the approval of the BOCC E
and the FCT, which may impose such conditions as it or they deem necessary to serve the public E
or to protect the rights of FCT bondholders. At a minimum the contract must contain provisions 0
similar to the ones in this lease regarding:
E
1. restrictions on the use of revenue generated at the premises; E
2. the prohibition of differential fees based on membership; U
U)
3. presence of lifeguards;
4. nondiscrimination;
5. assurances that the pool and facilities will be kept open and available to the
general public when not in use by instructional or recreational programs; CL
6. audits and record keeping;
7. insurance.
Any operational contract entered into by UKCP will not operate to waive or relieve UKCP
from its duties and obligations, nor from any consequent liability for failure to perform operational
duties satisfactorily, absent a written waiver approved by UKCP and the BOCC. CN
10. a) The County may terminate this lease for cause if UKCP fails to comply with its
N
obligations under this lease. Before the County may terminate this lease, it must give UKCP
E
written notice of the default stating that, if the default is not cured within 15 days from the date
of the notice, then the County will terminate this lease. Termination under this subparagraph
5
Packet Pg. 3536
S.4.c
does not relieve UKCP from whatever damages the County may have suffered because of UKCP's
default.
b) The County may terminate this lease without cause if, after the date first written
c
above, the BOCC determines that the economics of the construction of the pool and related
0
U)
facilities, or the on-going operation and maintenance, would require an annual expenditure of tax
revenue or an annual expenditure of tax revenue in an amount the BOCC determines is 5
imprudent. If this lease is terminated under this subparagraph, then neither party will have
further obligation, duty or liability with respect to the other.
E
c) Notwithstanding anything to the contrary in subparagraph 10(a), the County '
Administrator may order the swimming pool and related facilities closed immediately if he
0
determines that a condition has arisen, whether caused by UKCP's failure to perform or by an
external event beyond UKCP's control, that threatens the health or safety of the public. The
County Administrator may order the swimming pool and related facilities closed until such time as E
the condition is corrected. 0
CL
11. This lease is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any litigation,
0
the prevailing party is entitled to recover its reasonable fair market value attorney fees and costs.
12. This lease has been carefully reviewed by UKCP and the County after input from
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0.
both parties. Therefore, this Agreement is not to be construed against an P 9 g y party on the basis of
authorship.
0
13. Notices as provided for in this Agreement, unless otherwise specified, must be sent
by certified mail as follows:
N
TO COUNTY TO UKCP
N
County Administrator Tim Bricker
Public Service Building 89 North Bay Harbor Drive E
5100 College Road Key Largo, FL 33037
Key West, FL 33040
6
Packet Pg. 3537
S.4.c
14. This lease is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another written and signed agreement.
c
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
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aut co ative.
( BOARD OF COUNTY COMMISSIONERS
A OLHAGE, CLERK OF ONROE COUNTY, FLORIDA
Gr✓y
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Deputy Clerk Ma /Chairman
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(SEAL) UPPER KEYS COMMUNITY POOL, INC.
ATTEST
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BY By / 60
Title N Title
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829093 RE'c 1 297 PA611 090
CONTRACT #94-CT-73-93-3A-M1-002 FLORIDA COMMUNITIES TRUST
PROJECT NAME Recreational PROPOSAL NUMBER 93-002-CS1
L.O. S. Standards
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FLORIDA COMMUNITIES TRUST
AREA OF CRITICAL STATE CONCERN PROGRAM 0
GRANT CONTRACT
THIS CONTRACT is entered into on CZ rs
1994 , by and between the FLORIDA COMMUNITIES TRUST (FCT) , a
nonregulatory agency within the State of Florida Department of
Community Affairs, and MONROE COUNTY (FCT Recipient) , a political
subdivision of the State of Florida, in order to impose terms and E
conditions on the use of the proceeds of certain bonds,
hereinafter described, and the lands acquired with such proceeds
(Project Site) , as shall be necessary to ensure compliance with
applicable Florida Law and federal income tax law and to
otherwise implement provisions of Sections 259. 101, 375. 045, and c
Chapter 380, Part III, Florida Statutes.
E
WHEREAS, Chapter 380, Part III, Florida Statutes, the
Florida Communities Trust Act, creates a nonregulatory agency
within the Department of Community Affairs (Department) that will
assist local governments in bringing local comprehensive plans
into compliance and implementing the goals, objectives, and
policies of the conservation, recreation and open space, and
coastal elements of local comprehensive plans, or in conserving c
natural resources and resolving land use conflicts by providing U
financial assistance to local governments to carry out projects
and activities authorized by the Florida Communities Trust Act;
WHEREAS, Section 259 . 101 (3) (c) , Florida Statutes, provides
for the distribution of ten percent (10%) of the net Preservation
2000 Revenue Bond proceeds to the Department of Community Affairs
to provide land acquisition grants and loans to local governments
E
through the FCT, with an additional one-tenth to be used
specifically for matching grants, on a dollar-for-dollar basis, �s
for acquisition within areas of critical state concern;
WHEREAS, the Governor and Cabinet authorized the sale and
issuance of State of Florida Department of Natural Resources
Preservation 2000 Revenue Bonds (Bonds) ; cN
WHEREAS, the Bonds were issued as tax-exempt bonds, eani4
that the interest on the Bonds is excluded from the gross income
of Bondholders for federal income tax purposes;
GC/93-002-CSl-P3A 7 v
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EXHIBIT C
Packet Pg. 3541
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829093 °Ec 1 23 . PA6[ 1 091
WHEREAS, Rule Chapter 9K-5, F.A. C . , sets forth the
procedures for evaluation and selection of proposals for land
acquisitions using funds allocated to the FCT through the
Department of Community Affairs from the Preservation 2000 Trust
Fund for Areas of Critical State Concern;
c
WHEREAS, the FCT Governing Body met on January 6, 1994 , to
consider and select proposals to receive funding and FCT
Recipient's proposal was selected for funding in accordance with
Rule Chapter 9K-5, F.A.C. ;
WHEREAS, FCT is authorized by Section 380. 510 (7) (a) ,
Florida Statutes, Rule 9K-5. 007 (4) , F.A.C. , in accordance with
Section 380. 510 (4) , Florida Statutes, to impose grant conditions
deemed necessary to protect the interests of the State of Florida
and to ensure that the project complies the requirements for the
use of Preservation 2000 Bond proceeds, and which must be met by °
the FCT Recipient prior to the release of any funds;
X
WHEREAS, such conditions shall be imposed by a grant contract
that shall contain by reference all regulations, rules, and other c
grant conditions governing the matching grant award, that shall
describe with particularity the real property that is subject to
the contract and that shall be recorded in the county in which
the real property is located; and E
WHEREAS, the purpose of this Contract is to set forth the 6
terms and conditions of the matching grant award and covenants
and restrictions that shall be imposed on the Project Site(s)
acquired with the FCT Preservation 2000 Bond Proceeds and the
Recipient's local match.
0
NOW THEREFORE, in consideration of the mutual covenants and U
undertakings set forth herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, FCT and FCT Recipient do hereby contract and agree
as follows:
I. GENERAL CONDITIONS
E
1 . At least two original copies of this Contract shall be
executed by FCT Recipient and returned to the FCT office at 2740
Centerview Drive, Tallahassee, Florida 32399-2100 within sixty
(60) days of mailing by FCT to the FCT Recipient. Upon receipt
by FCT of the signed Contracts, FCT will execute the Contracts,
retain one original copy and return all other copies to FCT
Recipient. N
2 . Upon execution and delivery by the parties hereto, the
FCT Recipient shall cause this Contract to be recorded and filed
in the official public records of Monroe County, Florida, and in
GC/93-002-CS1-P3A
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S.4.c
820093 REC 129f PAIGEI 092
such manner and in such other places as FCT may reasonably
request, and shall pay all fees and charges incurred in
connection therewith.
3 . The FCT Recipient and FCT agree that the State of
Florida Department of Environmental Protection will forward this
Contract to Department of Environmental Protection Bond Counsel
for review for conformance to bond restrictions. In the event o
Bond Counsel opines that an amendment to this Contract is
required so that the tax exempt status of the Preservation 2000
Bonds is not jeopardized, FCT and FCT Recipient shall amend the
Contract accordingly.
4 . This Contract may be amended at any time. Any
amendment must be set forth in a written instrument and agreed to
by both the FCT Recipient and FCT.
5. This Contract and the terms, conditions, covenants and
restrictions contained herein shall run with the real property
acquired with the funds received hereunder and the local match,
0
and shall bind, and the benefits shall inure to, respectively,
the FCT and the FCT Recipient and their respective successors and
assigns. E
6. This Contract shall be governed by and construed in
accordance with the laws of the State of Florida, with respect to
both substantive rights and with respect to procedures and 0
remedies.
7 . Any notice required to be given hereunder shall be given
by personal delivery, by registered mail or by registered E
expedited service at the addresses specified below or at such o
other addresses as may be specified in writing by the parties U)
hereto, and any such notice shall be deemed received on the date
of delivery if by personal delivery or expedited delivery
service, or upon actual receipt if sent by registered mail.
FCT: Florida Communities Trust
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
ATTN: Executive Director
CN
FCT Recipient: Monroe County, a political subdivision
of the State of Florida
2798 Overseas Highway Suite 410 cN
Marathon , FL 33050
ATTN: Lorenzo Aghemo
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GC/93-002—CS1—P3A
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8290 3 REF 12 7 �A[j[ 093
8 . If any provision of the Contract shall be invalid,
illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way
be affected or impaired.
c
II. SPECIFIC CONDITIONS REQUIRED BY RULE 9R-5, FLORIDA
ADMINISTRATIVE CODE
1 . FCT Recipient hereby acknowledges and agrees that
Project work may not be initiated prior to execution of this
grant contract.
2 . All matching grants from the Area of Critical State
Concern Program shall be used for land acquisitions that assist
an Area of Critical State Concern county to implement or further
the conservation, recreation and open space, or coastal
management elements of the local comprehensive plan, to conserve
natural resources, to resolve land use conflicts, and to
implement land development regulations which further the
principles for guiding development established for that Area of c
0
Critical State Concern.
3 . Preservation 2000 funds received by the FCT Recipient
under this Contract shall only be used for the land acquisition E
project costs, as defined in Rule 9K-5. 002 (19) , and as set forth
in Proposal 93-002-CS1. c
0
4 . The FCT Recipient hereby agrees to fully perform the
project as described in the Proposal 93-002-CS1. The scope and
nature of the project work for which the grant assistance is E
authorized shall be as follows: E
c
U
Land acquistion program to implement the recreation level of
service standards of the Monroe County Year 2010 Comprehensive
Plan and eliminate the level of service deficiency of activity-
based parks in the Upper Keys through the year 2002 by the
purchase of land, as described in Proposal 93-002-CS1, for
activity-based recreation.
E
5. The FCT Preservation 2000 Bond Series award granted to
the FCT Recipient shall in no event exceed Two million one
hundred sixty thousand eight-hundred forty-nine and 00/100
Dollars ($2 , 160, 849 . 00) .
N
6. Funds awarded under this Contract shall be awarded as a
matching grant to FCT Recipient. Funds awarded under this N
program shall be matched by the Recipient on a dollar-for-dollar
basis.
E
7 . The FCT Recipient shall prepare a management plan,
GC/93-002-CS1-P3A
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S.4.c
rr''
OFF I g 7 L 9
following the guidelines ��W �i A in EkkSi "7�' ," fo� a proval
by the governing body prior to the release of any funds by the
FCT. This plan must include the following:
a. At a minimum the management plans shall set forth
how the site will be managed to further the purpose of the a
project, a description of all planned improvements to the project
site, the costs and funding sources, and the management entity
and its funding source. If the FCT Recipient is not the proposed
managing entity, the management plan must include a signed
agreement between the FCT Recipient and the managing entity
stating the managing entity's willingness to manage the site, the
manner in which the site will be managed to further the
purpose(s) of the project, and identification of the source of
funding for management.
b. Evidence that the management plan is consistent
with the local comprehensive plan.
X
C. Evidence that the conditions imposed in the grant
c
contract have been satisfied.
8 . The governing body shall approve or reject the E
management plan in accordance with the FCT Recipient's compliance
with the grant contract and the requirements of Rule 9K-5. 008, E
c
9 . The FCT Recipient hereby agrees to fully perform the
c
obligations of the Management Plan approved by FCT.
10. FCT Recipient hereby agrees to provide evidence within
thirty (30) days of FCT governing board approval of the E
management plan that the local match portion, in the amount of t0
Two million one hundred sixty thousand eight-hundred forty-nine U
and 00/100 Dollars ($2, 160, 849. 00) of the total project costs has
been transferred by the FCT Recipient into a restricted
segregated account established and used exclusively for the
purposes of the funded project. Upon notification to FCT that
the restricted account has been established, the FCT funds shall
be delivered in the form of a state warrant payable to the FCT
Recipient within 30 days. The restricted account shall be the E
receiving account for the FCT matching grant and shall be subject
to the accounting and auditing provisions set forth Exhibit "B"
attached hereto and made a part hereof.
V-
cN
ll . Pursuant to Rule 9K-5. 003 (4) , F.A.C. , prior to awarding
funds the local comprehensive plan of a FCT Recipient must either
be found in compliance by the Department or the FCT Recipient cN
must have executed a stipulated settlement agreement with the
Department to resolve all the issues raised by the Department in
a statement of intent to find a plan not in compliance issued
pursuant to Section 163 . 3184 , Florida Statutes. FCT Recipient
GC/93-002-CS1-P3A
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Packet Pg. 3545
S.4.c
qq ((�� OFF 1 297 ;-611 095
hereby cer. of ies that J ;a'hi7A) 0 , 19(�4 , the status of the
Monroe County comprehensive plan was Lhat the st e(I sctticment.
a_�reeinent &Ite(I February 7 1992 , was executed by the FCT Recipient
w i L IL Llu_-D e pr Lmc-11L — ---_ -_ -
12 . Pursuant to Rule 9K-5 . 007 (5) , F.A.C. , approval for
funding shall be for a period not to exceed two years from the
date of the meeting at which the approval was given. The
approval for funding under this Contract shall expire upon the
satisfactory completion of the project work and terms and
conditions of this Contract or January 5, 1996, whichever occurs
first. a
13 . Funds awarded under this Contract shall be subject to
termination as follows:
a. Failure of the FCT Recipient to comply with the
provisions of this Contract shall constitute grounds for
terminating the matching grant. o
b. The FCT grant portion of funds remaining in the
restricted account as a result of early termination of a project
grant or from completion of the project at less than anticipated
cost shall revert to the Florida Communities Trust Preservation
2000 Trust Fund and be attributed to the bond series out of which
the matching grant was made.
14 . Notice of Termination may be given by either party
according to the provisions for notification in Section I. ,
paragraph 7 above. If the FCT delivers a Notice of Termination t0
prior to January 5, 1996, such notice shall provide the reason U
for termination and thirty (30) days for the FCT Recipient to
correct any deficiencies or violations that may be the basis of
the Notice of Termination.
15. The FCT Recipient hereby agrees to fully comply with
the applicable accounting, retention of accounting records, and
auditing requirements as described in Rule 9K-5.010-. 012 , F.A.C.
16. Pursuant to Rule 9K-5. 009 (h) , F.A.C. , the FCT Recipient
hereby agrees to submit quarterly project progress reports until
this Contract either expires or is terminated, according to V-
Exhibit "C" attached hereto and made a part hereof.
17 . Pursuant to Rule 9K-5. 015, F.A.C. , annual stewardship c�
reports to FCT according to Exhibit "D" attached hereto and made
a part hereof.
c�
GC/93-002-CS1-P3A
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S.4.c
829093 REC ;'n�El 096
III . PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY
CHAPTER 259 , CHAPTER 375, AND CHAPTER 380, PART III,
FLORIDA STATUTES.
1 . Land acquisition procedures of the Monroe County Land
Authority, acting on behalf of the Board of County Commissioners
of Monroe County, shall be used for the acquistion of the
Property hereunder. c
2 . Any deed whereby the FCT Recipient acquires title to a
Project Site shall incorporate by reference the covenants and
restriction of this Grant Contract to ensure that the use of the
Project Site at all times complies with Section 375. 051, Florida
Statutes and Section 9, Article XII of the State Constitution and
shall contain the following clause providing for the conveyance
of title to the Project Site in the Board of Trustees of the
Internal Improvement Trust Fund upon failure to use the Project
Site conveyed thereby for such purposes:
By acceptance of this warranty deed, grantee
herein hereby agrees that the use of the Property c
described herein shall be subject to the covenants and
restrictions as set forth in that certain Grant
Contract recorded in Official Record Book
Page Public Records of Monroe County, Florida.
These covenants and restrictions shall run with the
Property herein described. If any of the covenants and
restrictions of the Grant Contract are violated by the CL
grantee or by some third party with the knowledge of
the grantee, fee simple title to the Property described
herein shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund of the State of c
Florida in accordance with the Grant Contract without U
further notice to grantee, its successors and assigns,
and grantee, its successors and assigns shall forfeit
all right, title and interest in and to the Property
described herein.
3 . If any essential term or condition of this grant
contract is violated by the FCT Recipient or by some third party
with the knowledge of the FCT Recipient and the FCT Recipient
does not correct the violation within 30 days of notice of the
violation, fee simple title to all interest in the Project Site
shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The FCT shall treat such property in
accordance with Section 380. 508 (4) (e) , Florida Statutes.
N
4 . Any transfer of the Project Site shall be subject to the
approval of FCT and FCT shall enter into a new agreement with the
transferee, containing such covenants, clauses, or other
restrictions as are sufficient to protect the interest of the
GC/93-002-CS1-P3A
FINAL/3-07-94 7
Packet Pg. 3547
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829093 REc 1297 P"GEI 097
people of Florida .
5 . The interest, if any, acquired by the FCT Recipient in
the Project Site will not serve as security for any debt of the
FCT Recipient unless FCT approves the transaction. .
6 . If the existence of the FCT Recipient terminates for any
reason, title to all interest in real property it has acquired 0
with the FCT award shall be conveyed to the Board of Trustees of
the Internal Improvement Trust Fund, unless FCT negotiates an
agreement with another local government or nonprofit organization
which agrees to accept title to all interest in and to manage the
Project Site.
7 . In the event that the Project Site is damaged or
destroyed or title to the Project Site, or any part thereof, is
taken by any governmental body through the exercise or the threat
of the exercise of the power of eminent domain, the FCT Recipient
shall deposit with the FCT any insurance proceeds or any
condemnation award, and shall promptly commence to rebuild,
replace, repair or restore the Project Site in such manner as is
consistent with the Agreement. The FCT shall make any such
insurance proceeds or condemnation award moneys available to E
provide funds for such restoration work. In the event that the
FCT Recipient fails to commence or to complete the rebuilding,
repair, replacement or restoration of the Project Site after
notice from the FCT, the FCT shall have the right, in addition to
any other remedies at law or in equity, to repair, restore,
rebuild or replace the Project Site so as to prevent the
occurrence of a default hereunder.
8 . Notwithstanding any of the foregoing, FCT shall have 0
the right to seek specific performance of any of the covenants U
and restrictions of this Agreement concerning the construction
and operation of the Project Site.
IV. CONDITIONS RELATING TO THE PROJECT SITE.
1 . The Project Site shall be managed only for the
conservation, protection and enhancement of natural resources and E
for public outdoor recreation which is compatible with the
conservation, protection and enhancement of the natural resources �s
that may occur on the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed
uses for the Project Site are specifically stated in Proposal 93-
002-CS1 approved by FCT.
N
2 . The FCT Recipient shall ensure that the future land use
designation assigned to the Project Site is for a category
dedicated to open space, conservation, or outdoor recreation uses
as appropriate . If an amendment to the FCT Recipient's
GC/93-002-CS1-P3A
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829003 REE 12Q7 "GEI 098
comprehensive plan is required to comply with this paragraph, the
amendment shall be proposed at the next comprehensive plan
amendment cycle available to the FCT Recipient.
3 . FCT Recipient shall ensure that all activities under .
this contract comply with all applicable local, state, regional
and federal laws and regulations, including zoning ordinances and
the adopted and approved comprehensive plan for the jurisdiction
as applicable.
4 . The FCT Recipient shall, through its agents and
employees, prevent the unauthorized use of the Project Site or E
any use thereof not in conformity with the FCT approved
management plan.
5. FCT staff or its duly authorized representatives shall E
have the right at any time to inspect the Project Site and the
operations of the FCT Recipient at the Project Site.
6. All buildings, structures, improvements, and signs
shall require the prior written approval of FCT as to purpose.
Further, tree removal, other than non-native species, and/or
major land alterations shall require the written approval of FCT. E
The approvals required from FCT shall not be unreasonably with-
held by FCT upon sufficient demonstration that the proposed E
structures, buildings, improvements, signs, vegetation removal or
land alterations will not adversely impact the natural resources
of the Project Site. The approval by FCT of the FCT Recipient's
management plan addressing the items mentioned herein shall be
considered written approval from FCT.
8 . If archaeological and historic sites are located on the E
0
Project Site, the FCT Recipient shall comply with Chapter 267, U
Florida Statutes. The collection of artifacts from the Project
Site or the disturbance of archaeological and historic sites on
the Project Site will be prohibited unless prior writtenCL
authorization has been obtained from the Department of State,
CL
Division of Historical Resources.
9 . The FCT Recipient shall ensure that the Project Site is
identified as being publicly owned and operated as a natural
resource-based public outdoor recreational site in all signs, �s
literature and advertising regarding the Project Site. The FCT
Recipient shall erect a sign(s) identifying the Project Site as
being open to the public and as having been purchased with funds
from FCT and FCT Recipient.
N
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829093 REc l 29 11"15E1 099
V. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF
BOND PROCEEDS
1 . If the Project Site is to remain subject, after its
acquistion by the FCT Recipient and/or the Trustees, to any of
the below listed activities or interests, the FCT Recipient shall
provide at least 60 days advance written notice of any such
activity or interest to FCT, and shall provide to FCT such 0
information with respect thereto as FCT reasonably requests in
U)
order to evaluate the legal and tax consequences of such activity
or interest:
a. any lease of any interest in the Project Site to
any person or organization;
b. the operation of any concession on the Project
Site to any person or organization; °
C. any sales contract or option to buy things
attached to the Project Site to be severed from the Project Site,
with any person or organization;
d. any use of the Project Site by any person other E
than in such person's capacity as a member of the general public;
e. a management contract of the Project Site with any
person or organization; and o
0
f. such other activity or interest as may be
specified from time to time in writing by FCT to the FCT
Recipient. E
E
0
2 . FCT Recipient agrees and acknowledges that the U
following transaction, events, and circumstances may be
disallowed on the Project Site as they may have negative legal
and tax consequences under Florida law and federal income tax
law:
a. a sale of the Project Site or a lease of the
Project Site to any person or organization;
b. the operation of a concession on the Project Site
by any person or organization;
C. a sale of things attached to the Project Site to
be severed from the Project Site to any person or organization;
N
d. any change in the character or use of the Project
Site from that use expected at the date of the issuance of any
series of bonds from which the disbursement is to be made;
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823093 s.4.c
REc . Z 9 l il'if 11 0 0
e. any use of the Project Site by any person other
than in such person' s capacity as a member of the general public;
f . a management contract of the Project Site with any
person or organization; and -
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g, such other activity or interest as may be
specified from time to time in writing by FCT to the FCT 6
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Recipient.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, E
OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE
RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON
THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO
ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE
CONTRACTING PARTY.
VI. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT
OF THE FCT APPROVED MANAGEMENT PLAN
1. The FCT Recipient shall perform an archaeological E
survey of the Snapper Cay site prior to the commencement of
proposed development activities on that site. All planned E
activities involving known archaeological sites or identified
site areas shall be closely coordinated with the Department of
State, Division of Historical Resources in order to prevent the
disturbance of significant sites.
2 . Coordination with the Division of Recreation and Parks
in the design of the recreation facilities and the overall c
development of the sites to insure that adequate consideration is O
given to the containment of stormwater and minimizing negative
impacts to the adjacent surface water quality.
3 . Coordination with bond counsel to insure that
activities proposed on the site do not put the tax-exempt status
of the bonds at risk.
4 . Coordination with the Game and Fresh Water Fish
Commission in the design of the recreation facilities and the
overall development of the sites to insure that adequate
consideration is given to the protection of listed plant species
N
and wildlife habitat.
5 . The timing and extent of a vegetative survey of N
vegetative communities and plant species on the Project Sites
shall be specified in the management plan. The FCT Recipient
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829093 RUC' I t- 17 PAGEI 10 1
shall detail how the survey shall be used during development of
the sites to insure the protection of the natural resources on
the Project Sites .
6 . The wetland communities that occur on the Project Sites
shall be preserved and appropriately managed to ensure the long-
term viability of these communities.
6
7 . The tropical hardwood hammocks that occur on the
Project Sites shall be preserved and appropriately managed to
ensure the long-term viability of these communities.
8 . Invasive exotic vegetation that occurs on the Project
Sites shall be eradicated. The FCT Recipient shall use the
Exotic Pest Plant Council's 1993 List Of Florida's Most Invasive
Species list to assist in identifying invasive exotic species on E
the Project Sites.
9 . A vegetative buffers shall be provided along the
boundary of the Project Sites that interfaces with residential
0
developments.
10. Access to the Project Sites by pedestrians and E
bicyclists shall be promoted.
In the event of a conflict between the terms of the Grant
Contract, the Management Plan or the Grant Proposal, the 6
controlling document shall be in the following priority: 1. The
0
Grant Contract; 2 . The Management Plan; 3 . The Grant Proposal.
E
This Contract including Exhibits "A", "Bill lice# and "D"
embodies the entire contract between the parties. E
0
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IN WITNESS WHEREOF, the parties hereto have duly executed
this Contract.
MONROE UNTY F ORIDA C UNITIES TRU T
BY:
Linda Loomis Shelley, Chair
E
T i Mayor/Chairman
D te• March 3, 1994 Date.
Accepted as to Form and Legal Accepted as to Form and Legal CN
Sufficiency: Sufficiency:
C
f
Date: Date: � �l `3�
(Seal)
GC/93-002-CSl-P3A Attest : Danny L. Kolhage, Clerk
FINAL/3-07-94 12 i
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Deputy Ch-t-k
Packet Pg. 3552
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829093 R'EC' 129 02
STATE OF FLORIDA
COUNTY OF LEON
The fffegoi g instrument was acknowledged before me this .
day of , 1994 , by LINDA LOOMIS SHELLEY, as Chair
of the Florida Communities Trust. She is personally known to me.
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?Nry Pu
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Name•
issonNo. � tmmission Expires:
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STATE OF FLQJRIDA E
COUNTY OF
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The foregoing instrument was cknowle edV�,/�ef re me this l
day of 1994, by 4A� , as
He�She is personally nown to me.
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N ary Pub
Print Name: /T�,7;4F
Commission No.
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My Commission Expires: CL
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ALVIN SMITH,JR.aSRES
¢f ,= MY COMMISSION!CC303W
-•: - July 29 1997
BONOM TH(W TROY FAIN INSIIMNCE,INC.
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GC/93-002-CS1-P3A
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U L J U J J R C I L J f I U J
S.4.c
FLORIDA COMMUNITIES TRUST
TECHNICAL ASSISTANCE BULLETIN: 02
WRITING A MANAGEMENT PLAN
The conceptual management plan submitted as a part of a Florida
Communities Trust ( "FCT") grant application or proposal serves as a
basis for the management plan for project sites purchased with funds
from FCT. Materials and information gathered for the application or
proposal can and should be reflected in the plan where appropriate.
Conditions required in the Conceptual Approval Agreement or Grant E
Agreement should be incorporated in the management plan. Location map,
boundary map, vegetative surveys, site plans, Conceptual Approval
Agreement, the recorded deed when it becomes available, and other
supporting documents should be included as exhibits or included in the E
appendix of the management plan for future readers. The following
general outline identifies the range of issues to be addressed in the a
management plan, where applicable.
X
0
INTRODUCTION AND GENERAL INFORMATION o
Provide information including the name of the project, the location
of the Project Site, and other general information such as a brief
resource description, and historical information relevant to site
management.
6
Provide a table of contents of the management plan.
CL
0
PURPOSE OF THE PROJECT AND MANAGEMENT
Discuss the purpose for acquiring the Project Site and proposed E
future uses consistent with statements made in the application or
proposal. Provide a summary of the comprehensive plan directives
that would be furthered by managing the site as proposed.
Commitments made in the application or proposal and reinforced by
CL
conditions of the grant funding must be reflected in the managementCL
plan.
Identify the principle objectives for managing natural resources and
compatible outdoor recreation.
Identify a procedure to amend the land use designation to
conservation, outdoor recreation, open space, or other similar
category once the land is acquired. V-
Include provisions to ensure that the Project Site is identified in
all signs, literature, and advertising as being publicly owned, open ;
to the public and operated as a natural resource conservation area,
outdoor recreation area, or other appropriate descriptive language,
and identifying the Project Site as having been purchased with funds
from the FCT and the Recipient .
Rev .
Packet Pg. 3554
8 2 9 0 9 3 REC 9 l PAGE 11 0 4
SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS
Incorporate a provision for requesting written approval from the FCT
before undertaking any site alterations or physical improvements
that are not addressed in the FCT approved management plan .
Physical Improvements
Identify and locate existing and proposed physical improvements to
c
the Project Site on a master site plan. These might include such 0
things as signs,
fences, walkways, recreational paths, campgrounds,
restrooms, educational space, utility corridors, parking areas and
buildings.
Identify any proposed alteration of land use or character, the
approximate area affected and how this activity will be coordinated
with the protection of listed plant and animal species. Identify any
permits or approvals that may be required for the development or
restoration work and a procedure for providing evidence to the FCT
prior to the initiation of any activity that all required licenses
and permits have been obtained.
0
Include the placement of at least one sign identifying the Project
c
Site as being open to the public, purchased with funds from FCT and
the Recipient, operated as a natural resource conservation area, E
outdoor recreation area, or other appropriate descriptive language.
E
Access
0
Identify how access to the Project Site will be provided. For
example, are parking places proposed on-site, and if so,
approximately how many spaces or how much area will be devoted to
this use? If parking is not proposed on-site, are there existing or E
proposed spaces adjacent to or sufficiently near the property? E
Identify any proposed access to waterbodies including, but not U
limited to, marinas, docks, boat ramps, fishing piers or viewing
platforms and the approximate size of the facility. Consider
providing bike paths to the site and bike racks at the site to
provide an alternative to automobile transportation to the Project
Site.
Access to Project Sites should be compatible with all state and
federal construction standards, including the Americans with
Disabilities Act.
Identify existing and proposed easements, concessions, or leases.
If easements, concessions, or leases are anticipated to be granted
on the Project Site, such proposed arrangements need to be
identified. These might include utility rights-of-way, flowage or N
access easements, recreation or supply concessions , and leases or
other instruments that would allow grazing, timbering, agriculture,
or other revenue producing enterprises .
Include a procedure to provide 60 days prior written notice and
information regarding any lease of any interest, the operation of
any concession , any sale or option, any use other than by a member
Rev . 2
Packet Pg. 3555
. v v h L 1. 1 L I U %J
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of the puhllc , ins] management contracts of the Project Site with
non-governmental persons or organ ir.ations .
KEY MANAGEMENT ACTIVITIES
Maintenance: Identify required maintenance activities , including
but not limited to trash removal , site cleanup, and facilities
upkeep. Identify the entity responsible for property maintenance.
0
Identify procedures to ensure that dumping of trash or hazardous
material does not occur on or adjacent to the Project Site. 0
Identify contemplated service contracts with private concerns such
as garbage removal, restroom cleaning, security guards, etc.
security: Identify the parties responsible for preventing E
vandalism, trespassing, and other property damage. Identify
measures to protect the Project Site and the public using the site a
such as on-site manager, security guards, neighborhood watch, M
emergency phones, etc.
Staffing: Identify the expected staffing requirements for a
management of the Project Site including both permanent and
volunteer staff.
0
Natural resource protection: Identify the natural resources at the
Project Site and the issues, problems, and proposed management
techniques associated with protection of those natural resources.
Management techniques should include, but not be limited to, a E
baseline survey of listed plant and animal species, protection of
listed plant and animal species, protection of imperiled or 6
0
critically imperiled vegetative communities, protection of CL
geological features, protection of surface water and groundwater
quality and hydrology and prescribed burns.
E
Identify monitoring activities to insure the continued viability of 0
vegetative communities and listed species found on the Project Site. U
The monitoring plan should include periodic surveys of the
vegetative communities, listed plant species, and listed animal
species found on the Project Site. Provide for forwarding survey
information on the occurrence of listed plant and animal species to 1
the Florida Natural Areas Inventory.
Resource restoration and enhancement: Identify the primary E
components of the Project Site enhancement and restoration effort,
if any_ These might include removal of invasive exotic plant
species, removal of feral animals, restoration of wetlands,
improvement of surface water quality, recovery plan for listed
species, and restoration of uplands habitat. This section should
include a time frame for implementing and completing the activities
and a monitoring program to insure success of the resource N
enhancement activities . Identify parts of the property that require
different degrees or types of enhancement management.
E
Archeological and historical resource protection: Identify any
archeological or historical sites on the Project Site and the
primary components of managing the archeological or historical
l:ev . 1 / 4 / 1)'1
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829093 REC
... I ^ 97 Nil 1 06
s i to Out 1 i ne procedure-. to protect a rcheol ocj i ca i or historical
ite that may be identified in the future .
Incorporate a provision that if any archaeological and historic
resources are discovered at the Project Site , the Recipient shall
comply with the provisions of Chapter 267 , Florida Statues
specifically Sections 267 . 061 (2) (a) and (b) . Provide for
coordination with the Division of Historical Resources, Florida
c
Department of State.
0
Coordination: Explain how the management of the site will be
coordinated with other adjacent land owners and other resource
protection agencies. For example, in the case of prescribed burns,
what measures will be used to minimize impacts on nearby residential
properties? Identify measures to protect the Project Sites from
adjacent off-site activities that might impact resources on the
Project Site such as pesticide spraying on adjacent property, water
treatment facility discharging into creeks flowing through Project
Site, etc.
Include provisions to coordinate with other agencies for appropriate
guidance, recommendations, and necessary permits that may be related 0
to the Project Site, such as the following: the Florida Game and
Fresh Water Fish Commission and U. S. Fish and Wildlife Service to
avoid impacts to listed species; the Water Management District and E
Department of Environmental Protection to ensure that development of
the Project Site is done in a manner to protect or improve water
quality; the Division of Forestry and the Game and Fresh Water Fish
Commission on the implementation of a prescribed burn program; other 0
local, state, or federal agencies special management plans, if
appropriate.
COST ESTIMATE AND FUNDING SOURCE E
E
0
Identify the estimated costs of the various development and U
management activities outlined in the management plan. For review
and analysis purposes, the estimated costs should be separated into
the same categories as the identified activities.
Identify the entity that will pay for development and management of ,
the Project Site and some measure of the commitment or capacity to
provide these monies. For example, adequate personnel and resources
in the local parks and recreation department may exist to address
the added burden associated with the Project Site. Identify any
citizen organization or non-profit groups committed to providing
services or funding and a measure of commitment or capacity to N
provide these services.
PRIORITY SCHEDULE CN
4i
Identify a proposed time line for implementing the development and
management activities of the management plan based on established
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priorities and the availability of funds . Provide a graphic display
of the implementation time lines .
Rev . I / 4 / `)4 4
Packet Pg. 3557
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MONITORING 8 2 9 0 9 3 REC I _ 9 l PAGE 11 0 l
Identify procedures for assessing progress in achieving goals set
forth in the management plan such as the percentage of property
restored, inventory of species using the Project Site, etc.
Identify procedures for periodic amendment to the management plan,
when appropriate . Include a provision acknowledging responsibility
for preparing an annual stewardship report to the FCT, due on the e
anniversary date on which the Project Plan was approved by FCT.
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829093 REc I � 97 i;1GEl 108
Exhibit "B"
Rule 9R-5. 010 Accounting Requirements. The grantee shall
maintain an accounting system which provides for a complete record
of the use of all funds connected with the grant. This accounting
system shall provide for: 0
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(1) Accurate, current, and complete disclosure of the
financial results of the grant.
,5
(2) Records that identify adequately the sources and
application of funds for all activities related to the
grant. In the absence of a proper accounting system
with accounts for source and application of funds, a
separate checking account may be used.
(3) Effective control over and accountability for all funds,
property, and other assets.
0
(4) Comparison of actual outlays with amounts in budget.
(5) Procedures to minimize the time elapsing between the
transfer of funds from the Trust and the disbursement by E
the grantee.
6
0
(6) Procedures for determining reasonableness, allowability,
and allocability of costs.
E
(7) Accounting records that are supported by source
documentation, for example: invoices, bills, canceled c0
checks.
(8) An independent audit performed in accordance with
Section 11. 45, Florida Statutes, and rules of the
Auditor General of the State of Florida. Such audits
should be conducted at least every two (2) years. CL
Specific Authority 259. 101, 374 . 045, 380. 507 (11) , F.S .
Law Implemented 259 . 101, 375. 045, 380. 510, F. S. E
History--New 6-30-93 .
Rule 9R-5. 011 Retention of Accounting Records.
N
(1) Financial records, supporting documents, statistical
records, and all other records pertinent to a grant
shall be retained for a period of three years after the N
end of the grant period or until an audit is completed.
If any litigation, claim, or audit is started before the
expiration of the three year period, the records shall
be retained until all litigation, claims, or audit
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829093 REL . 297 PAGE 1 09
findings involving the records have been resolved.
(2) The grantee shall make all grant records of
expenditures, copies of reports, books, and related
documentation available to the Trust, the Department, or
any duly authorized representatives of the state for
inspection at a reasonable time for the purpose of
making audits, examinations, excerpts, and transcript. 0
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Specific Authority 259. 101, 374 . 045, 380. 507 (11) , F. S.
Law Implemented 259. 101, 375. 045, 380. 510, F. S.
History--New 6-30-93 . E
Rule 9R-5. 012 General Audit Procedures. The Trust shall develop
a monitoring and audit schedule at the beginning of each grant
year to insure the adequate monitoring and audit of selected
grantees. All grantees that receive a matching grant shall
provide for examinations in the form of audits of their books and
accounts. This does not mean that each grant shall be audited
separately. The grantee may provide for a general audit of its
c
books performed in accordance with Section 11.45, Florida
Statutes, that would include the grant. The Trust may, at its
option, perform selected or complete audits of grants or grantees. E
The potential for such an audit increases when one of the
following circumstances or conditions exist:
(1) First year grantees;
CL
(2) Where a grants administrative official of the Department
or Trust determines that a grant report indicates that a
provision of the grant requirements has not been met or E
a grant report has not been filed by the grantee; c0
(3) The grantee has a history of poor performance under a
Trust grant;
(4) The grantee is under investigation by another granting
agency.
Specific Authority 259 . 101, 374 . 045, 380. 507 (il) , F.S.
Law Implemented 259 . 101, 375. 045, 380. 510, F.S.
History--New 6-30-93 .
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GC/93-002-CS1-P3A
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829093 HEc 7 PAR I I 0
EXHIBIT "C"
QUARTERLY PROGRESS REPORT
Please fill in all Project Identification information as
requested. The performance reports will be cumulative in terms of
information presented, but the Quarterly Report Period should
indicate only the date of the current quarterly period being
submitted.
Project Description should be a maximum of two paragraphs,
identifying the problem which this project addresses, the proposed
solution, implementation, or other proposed outcome of the
project. Please identify any partners working with the Recipient.
Project Acquisitions should list and briefly describe all
acquisitions identified in the Grant Proposal and Contract.
0
Project Progress by Quarter should become a cumulative report c
throught the life of the project. Please address specific
progress made toward completion or satisfaction of each
acquisition. The acquisition itself need not be reiterated, but
the acquisition numbers should correspond with the Project E
Acquistion numbers identified in the Project Acquisition section
above. Please identify completion of each acquisition where c
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appropriate. CL
PROJECT NAME:
E
FCT RECIPIENT: E
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PROPOSAL NUMBER:
PROJECT MANAGER:
EFFECTIVE DATE OF AWARD:
QUARTERLY REPORT PERIOD:
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PROJECT DESCRIPTION: �y
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GC/93-002—CS1—P3A
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829093 REC 1 297 PAR I
PROJECT ACQUISITIONS:
Acquisition 1.
Acquisition 2 .
g
Acquisition 3 .
(List all acquistions listed in grant contract. )
PROJECT PROGRESS BY QUARTER:
1st Quarter (dates) E
Acquisition 1.
Acquisition 2 . E
Acquisition 3 .
(Describe any project implementation problems encountered, if
applicable. )
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2nd Quarter (dates)
Acquisition 1.
E
Acquisition 2 .
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Acquisition 3 . ,.
Describe an project implementation( Y P j p problems encountered, if
applicable. )
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3rd Quarter (dates) 0
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Acquisition 1.
Acquisition 2 .
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Acquisition 3 .
(Describe any project implementation problems encountered, if
applicable. ) E
4th Quarter (dates)
Acquisition 1.
Acquisition 2 .
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Acquisition 3 .
(Describe any project implementation problems encountered, if
E
applicable. )
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GC/93-002-CS1-P3A
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829U
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EXHIBIT "D"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS `^
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829093 °EE 1 2 � 7 I"Ali 1113
EXHIBIT "D"
ANNUAL STEWARDSHIP REPORT REQUIREMENTS
Rule 9K-5. 015, Florida Administrative Code requires the Recipient
of a grant award from the Florida Communities Trust (FCT) to
prepare an annual stewardship report due on the anniversary of the
date on which the project plan was approved by the FCT governing
body. The annual stewardship report evaluates the Recipient's
implementation of the approved management plan and verifies that
award conditions are being followed, that uses and management of
the project site are compatible with the protection of natural
resources, and that monitoring and survey information is used to
refine management of the project site.
At a minimum, the format and content of the proposed report should
include a table of contents; numbered pages; a section summarizing
the status of site development and key management activities; a °
section identifying gross revenue received through fees, sales and
concessions if any; a section assessing new information and
outlining changes needed to update the adopted management plan; and
any appropriate supporting documents as attachments. o
The section summarizing site development and key management E
activities should address the status of each activity proposed in
the management plan approved by the FCT. These activities should E
include all physical improvements, maintenance, security,
vegetation and animal surveys, exotic species control program, 0
educational program, prescribed burn program, and any other
activity proposed in the management plan. This information can be
presented in summary form as shown below.
Example Table: SUMMARY OF SITE DEVELOPMENT AND MANAGEMENT 0
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ACTIVITY MANG.PLAN ON BEHIND CONTINU- COMPLETED
PAGE NO. SCHEDULE/ SCHEDULE ING
NOT BEGUN
Any activity that is behind schedule must include a brief statement
explaining the reason for the delay and a new target date for its
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completion. Completed activities should include a brief statement
explaining the end result.
The section identifying gross revenue received through the
collection of fees, sale of goods and services and other means
should identify the activity involved, the managing entity
receiving income and the gross amount of income received. This c�
information can be presented in summary form as shown below.
Example Table: SUMMARY OF REVENUE RECEIVED E
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ACTIVITY MANAGEMENT ENTITY GROSS AMOUNT RECEIVED
A r A 1w«r l 1s 1'I�aY
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Individual insurance items in this Exhibit may be deleted by the
County's Risk Manager if rendered unnecessary or redundant by
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insurance obtained by UKCP contractor(s) or subcontractor(s).
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EXHIBIT D
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VEHICLE LT RUM
As a minimum,ooverap should eutend to liability for:
Owned;Non-owned;and Kcui Vehicles
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Required Limits:
VL 1 $50,000 per Person:S100.000 per Occunncc
$25,000 Amperly Dmmge
or
$100,000 Combined single Limit
VL2 S 100,000 per Pason;S300.000 per Occurrence
$50,000 Propaty Damagc E
ar
$300.000 Combined Single Limit
VL3 SS00,000 per Person;$1,000.000 per Oceumce
S100.000 Propaty Damap
or
S 1.M0,000 Combined Sings Limit
VL4 S5,000,000 Combined Single Limit
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IM F-1 AMMIS COVERAGES 6
0
SRI Builders' Limits equal to dke
Ri* completed pwjoa.
MVC Motor Truck Limits equal to dw auxi tum 0
Cargo value of any a c shiprru m U
WWI Protbw aal $ 250,000 per Oectt=e/S 500,000 Agg.
PRO2 Liability S 500.000 per Owwwa a 31.000,000 Ago.
PR03 S1,000,000 per Occur lwwdt2.000.000 Agg.
POL1 Pollution S S00.000 per OMM1200041,000,000 Agg.
POL2 �._ Liability $1,000,000 per OcwrrenodS2.000.000
POU —L $5.000.000 per Occon"ce s 10,000,OOO gg.
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ED1 Boyce $ 101000
BD2 Dislronaty $100,000
GKI $ 300.000($ 25,000 per Veh)
GK2 Kcep= S 500,000($100,000 per Veb)
OK3 $1.000,000(5250,000 par Vch) CN
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MONROE COUNTY,FLORIDA
INSURANCE CHECKLIST
FOR 0
VENDORS SUBmwiTmG PROPOSALS
FOR WORK 0
To assist in the development of your proposal,the insutaom coverages:anted with an"X"will
be required in the event an award is made to your fum. Please review this form with your
insurance agent and have him&ec sign it in the pine provided It is also requimd that the bidder
sign the farm and submit it with Bich pmpwW.
WORKERS'COMPENSAT1oN
AND
EMPT.O RS' IANIT iTy
x
0
0
X Workers'CA Stay Limits
WCl _JL Employers Liability Si00,000/Ss00 OWISI00 OOo
WC2 Employers Liability S50o,0004500.OWSS00,000 E
WC3 F.taplcYea Liability St,000,000/$1,000,000/S1,000,000
WCUSLH US hoauasn Same as F.rapioyers E
cecs
Hadoor orl Act
WCJA Federal Jones Act Saes ads EmptoyeW 0
Liability 0
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G NNFRA I.1AR111TY
As a minimum.tha gequired general liability coverages will include:
Products and Blanket� peal�, Completed Operations
• Expanded Defttion 7mY 0
Of Property Damogc
Required Limits:
dLl
S 100,000 per Person;$300,000 per Occturcnce
$50.000 Property Damage
or
$300.000 Combined Single Limit
GL2 S?50,000 per Person;M,000 per Occurrence
$50.000 Property Damage
or
SS00.000 Combined Single Limit
GL3 $500.000 per person;$1.000,000 per Occurmnce
$100.000 Property Damage E
or
$1,000,000 Combined Single Limit
GL4 _k/ $5.(00.000 Combined Single Limit 6
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Required Fix orsement:
GLXCU Underground,Explosion and collapse(XCU)
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GLLIQ Liquor Liability 0
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GLS Security Services
All endorsements are requited to leave the swim limits as the basic policy.
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Feb-07-01 04 :01P Risk Management 305 295 4364 P S.4.c
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MONROF; COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL U)
General Insurance Requirements
for
Construction Contractors and Subcontractors Cr
Prior to the cornmenccme t of work governed by this contract(including the pre-staging
of personnel and material) the Contractor shall obtain, at his/her own expense, insurance
as specified in the attache schedules, which are made part of this contract. The
Contractor will ensure tha the insurance obtained will extend protection to ali Sub-
Contractors engaged by illContractor. As an alternative the Contractor may require all X
Subcontractors to obtain ir surance consistent with the attached schedules.
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The Contractor will not be permitted to commence work governed by this contract
(including pre-staging of rsonnel and material)until satisfactory evidence of the E
required insurance has bee i furnished to the County as specified below. Delays ill the
commencement of work,r sulting from the failure of the Contractor to provide
satisfactory evidence of th required insurance,shall not extend deadlines specified in
this contract and any penal ies and failure to perform assessments shall be im
sed if 0
the work commenced on a specified date and time,except for the Contractor faila�rc to -
provide satisfactory evidence.
The Contractor shall mains in the required insurance throughout the entire term of this E
contract and any extension specified in any attached schedules. Failure to comply with E
this provision may result i the immediate suspension of all work until the required U
insurance has been reinstat d or replaced. Delays in the completion of work resulting
from the failure of the Con ractor to maintain the required insurance shall not extend
deadlines specified in this 4 ontract and any penalties and failure to perform assessments
shall be imposed as if the v ork had not been suspended,except for the Contractors
failure to maintain the req fired insurance.
The Contractor shall provi e, to the County,as satisfactory evidence of the required
insurance,either:
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• Certificate of 1 trance
or
A Certified cop of the actual insurance policy. `N
The County,at its sole opti n,has the right to request a certified copy of any or all cN
insurance policies required by this contract. ;
All insurance policies must specify that they are not subject to cancellation, non-renewal, E
material change,or reduction in coverage unless a minimum of thirty(30)days prior
notification is given to the 'ounty by the insurer_
AdmiWatratlon Instruction
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Feb-07-01 04 :01P Risk Management 305 295 4364 P
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The acceptance and/or ap roval of the Contractor's insurance shall not be eonstiued as
relieving the Contractor 1' m any liability or obligation assumed under this contract or
imposed by law.
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The Monroe County Boar of County Commissiuners, its employees and officials will he
included as "Additional I ured"on all politics, except for Workers'Compensation.
In addition, the County wi 1 be named as an Additional Insured and Loss Payee on ;ill
Policies covering County- wned property.
Any deviations from these General Insurance Requirements must he requested in writing
on the County prepared to entitled "Request for Waiver of Insurance
Requirements" and app 4ed by Monroe County Risk Management.
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Administration lnstntction
04709.2
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(, BOARD OF COUNTY COMMISSIONERS
MAYOR George Neugent,District 2
—_J �.r• r Mayor OUNTYSo �MON ROE �- y Pro temNora Williams,District 4
KEY WESTLORDA 33040 Charles"Sonny"McCoy,District 3
(305)294-464t Dixie Spehar,Districct 1
�Monroe County Risk Management Murray Nelson,District 5
5100 College Road
Key West, FL 33040 •.
(305)292-4542 Voice 6
(305)295-4364 Fax
FACSIMILE TRANSMISSION
DATE: C
E
Il
TO:
c
FAX #: 3
FROM: RISK MANAGEMENT
/ 0
A.VAYNE ROBERTSON MARIA DEL RIO
TELEPHONE #: (305) 292-4454 OR (305)292-4542 _
LOCATION: 5100 COLLEGE ROAD c0
KEY WEST,FL. 33040
FAX#: 305) 295-4364
NUMBER OF PAGES INCLUDING COVER
PLEASE CONFIRM RECEIPT OF FAX WITH PHONE CALL IF CHECKED
REMARKS:
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Rev. 12/03/96
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Upper Keys Community Pool,Inc.
Timothy I Bricker,President
89 North Bay Harbor Drive
Phone(305)852- Key Largo,Florida 33037
9259
Fax(305)852-6164
Email TBric52(dAOL.com
January 22,2001
Mr. Danny Kohlagc
Monroe County Clerk of Courts
ATTN: Belle
VIA FAX Cr
RE:C eYment Required Inance Covera�Q M
Dear Mr. Kohlage,
It is our understanding that the approved lease contains provisions for various types of insurance,
included as Exhibit D,as conditions of the lease. Fairlure to obtain them a a timely fashion can
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result in the lease being voided.They include:
Workmen's CompensationE
to the Statutory Limits and �
WC1 Employers Liability$100,000/$500,000/$100,000
to be nro,,i ed by vendors sub fitting ,o osals for work It is assumed that this coverage E
must be included in a contract with a vendor prior to acceptance of that contract. 6
GL4 General Liability of$5,000,000 Combined Single Limit and
P013 Vehicle Liability of$5,000,000 per Occurrence/$]0,000,000 Aggregate
to be vided by TJKCT"before onenins the ew'mmina rx,nt anti rwl ted facil u l ,Pt to the E
ic"(para. Ta) o
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We are poised to sign a contract with the design-build firm selected to do the project,and would
appreciate having the lease signed and recorded as soon as possible so that we may do so.
If there are any further questions,please contact me at the number provided above,or at(305) CL
852-4844. CL
Sincerely,
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TM J. "d tz (via fax) a C:j o
Timothy J. Bricker C'
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