10th Amendment 06/15/2022GVS COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
o p Y,
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DATE: June 27, 2022
TO: John Allen, Director
Parks & Beaches
Tofu Henr
Manager
Naoini Pagidas
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: June 15th BOCC Meeting
Attached is an electronic copy of the following itein for your handling:
S4 Resolution 174-2022, and the accompanying loth Arnendrnent to the Connnunity
Swinnning Pool Lease Agreement with Upper Keys Connnunity Pool, Inc., to extend the lease
term for two years for the property located at Key Largo Community Park.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney_
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305-294-4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305-289-6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
EXHIBIT "A"
AMENDMENT TO COMMUNITY SWIMMING POOL
LEASE AGREEMENT TO EXTEND LEASE TERM
This Amendment to Community Swimming Pool Lease Agreement is made and entered
into this 15m 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").
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
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
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
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
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
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
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,
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
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
requirements, maintenance and repairs, programming, and other such terms and conditions; and
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
Lease is terminated pursuant to other provisions of the Original Lease; and
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
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 property, with no advertisement required; and
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
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
on December 13, 2022, unless earlier terminated by a new lease or other provisions of the Original
Lease.
2
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 WHEREOF, the parties have hereunto set their hands and seal, the day and
WITNESSES:
4ZA .
Print Name:
Name:Print �.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor/Chairperson
UPPER KEYS COMMUNITY POOL, INC.
A Florida Not for Profit Corporation
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Print Name: ✓ i9/�ef `�� �O c. i N
Title: f r .
MONROE COl7NTY ATTORNEII-'M
. ED}1S TO�O
PA111M EASLESS,
ASSISTANT COMY'ATTORNV
DATE: _ 6/7/ 022
RESOLUTION NO. 174 -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
COUNTY -OWNED LAND, LOCATED AT 320 LAGUNA AVENUE,
KEY LARGO, FLORIDA, TO PROVIDE A COMMUNITY
SWIMMING POOL AND RELATED FACILITIES FOR THE
LOCAL COMMUNITY AT THE KEY LARGO COMMUNITY
PARK; AND PROVIDING AN EFFECTIVE DATE.
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 County 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
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,
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
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
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
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
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
WHEREAS, the UKCP, as a not for profit organization, has access and is able to receive
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
community and to apply for appropriate grant funding to assist in continued maintenance and
repairs and in providing its services, programming, and other amenities; and
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
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
WHEREAS, it is the desire of the Board to continue its lease of the County -owned Property
located at 320 Laguna Avenue, Key Largo, Florida, which is not currently needed for other County
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
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:
Section 1. The Board hereby adopts the foregoing as findings of fact.
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
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.
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.
2
Section 4. This resolution shall become effective upon adoption.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 15" day of June, 2022.
Mayor David Rice Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James K. Scholl Yes
Commissioner Holly Merrill Raschein Yes
IN MADOK, CLERK
By: 10 & 1� /--�
As Deputy Cle k
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor David Rice
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GV�S COURTq c
Kevin Madok, CPA
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�o ........� � Clerk of the Circuit Court &Comptroller Monroe County, Florida
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June 27, 2022
James Boilini, President
Upper Keys Community Pool, Inc.
320 Laguna Avenue
Key Largo, Florida 33037
Mr. Boilini,
Attached is a certified copy of Resolution No. 174-2022 and the accompanying loth
Amendment to the Community Swimming Pool Lease Agreement with Upper Keys Community
Pool, Inc., to extend the lease term for two years for the property located at Key Largo
Community Park.
This Resolution was adopted by the Monroe County Board of County Commissioners at
a regular meeting, held in formal session, on June 15, 2022. Should you have any questions,
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of the
Circuit Court and ex-officio to the
Monroe County Board of County
Commissioners
By.• Liz Yozque, Deputy Clelk
cc: File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070