3. 08/15/1995 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
M E M 0 RAN DUM
To:
James T. Hendrick,
County Attorney
From:
Isabel C. DeSantis, n e..~'
Deputy Clerk .,.
Date:
October 5, 1995
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As you know, at the meeting of August 15, 1995, the Board of
County Commis~ioner granted approval and authorized execution of
an Interlocal Agreement between Monroe County and the City of Key
West for Monroe County use of Douglass Community Center, and
ratification of the de facto location of the Roosevelt Sands
Community Health Resource Center on the premises of the Douglass
Community Center since November, 1993.
Enclosed please find two copies of the above document, one for
your files and the other for return to the "City".
Should you have any questions concerning the above, please feel
free to contact me.
cc: County Administrator wlo document
Finance Director
v7ile
INTERLOCAL AGREEMENT FOR MONROE COUNTY USE
OF
DOUGLASS COMMUNITY CENTER
Monroe County Res. No. AI/A Key West Res. No. 93-372
This INTERLOCAL AGREEMENT entered into this IS'~ day of t4v9t/St ,199[
between the City of Key West, Florida, whose address is 525 Angela Street, \(ey West, FL 33040
("City"), and the Board of County Commissioners of Monroe County, Florida, 5()() Whitehead
Street, Key West, FL 33040 ("County").
WHEREAS, City and County are authorized, pursuant to Sections 125.01 (1) (P),
163.01 and 166.021 Florida Statutes, to enter into interlocal agreements to provide
services and facilities; and
WHEREAS, County has the power, pursuant to Section 125.01 (1) (e), Florida Statutes,
to provide health and welfare programs; and
WHEREAS, County has determined that it is in the best interest of the County to locate
a Health Resource Center in a downtown location.
WHEREAS, City has available appropriate space at Douglass Community Center, 830
Emma Street, Key West, FL 33040; now, therefore,
IN CONSIDERATION of the mutual covenants below:
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1)1e purpose of this agreement is to define the respective rights and obligations <ifCitj and
County under this agreement relative to provision of premises at Douglass CollllllU:iiity CentCRo
be used and occupied by County for a Health Resource Center to be operated by De ~
of Health and Rehabilitative Services, Monroe County Public Health Unit and activities relalf;
thereto.
Purpose of Agreement
2. Term and Termination
The agreement shall begin 11/ 1/ 9 3 and continue through such termination date as either
party may elect, provided that the tenninlltil'lg party gives at least ninety (90) days written notice
to the other party prior to the effective date of termination.
3. Premises
City does lease unto County for the term above stated, space number 2 . compnsmg
approximately 20 0 square feet, at the premises known as Douglass Community Center. 830
Emma Street, Key West, FL 33040. No compensation shall be paid by County to City as rent
4. Modifications and Amendments
Any and all modifications and amendments of this agreement shal1 be approved by the Board of
County Commissioners for Monroe County and by the City Commission for the City ofK.ey West
and in writing. No modification or amendment shall become effective until approved in writing
by both parties.
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5. Assignment
County shall not assign this agreement. except in writing and with prior written approval of City.
which approval shall be subject to such conditions and provisions as City may deem necessary.
This agreement shall be incorporated as City may deem necessary. This agreement shall be
incorporated by reference into any assignment and any assignee shall comply with all of the
provisions herein, unless expressly provided otherwise in an amendment authorizing such
assignment. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any obligation upon either party in addition to the covenants and promises
contained herein.
6. Fixtures
All additions, fixtures, or improvements which may be made by County, except moveable
furniture, equipment and appliances, shall become the property of City and remain upon the
premises as a part thereof, and be surrendered with the premises at the termination of this lease.
All moveable furniture. equipment and appliances installed or placed by County in premises shall
remain the property of County and the County shall remain solely re5pODSlble for any loss or
damage to such property except for loss or damage arising from negligence on the part of the
City or its agents.
7. Legal Compliance
Parties shall comply with all federal, state. and local statutes, ordinances, rules, orders,
regulations and requirements related to the lease of premises under this agreement, and
abatement of nuisances or other grievances in, upon or connected with said premises during the
term of this agreement County shall comply with all rules, orders and regulations of Southern
Under writers Association for prevention of fires with respect to its use of and placement of items
on the premises at County's own costs and expenses. County shall notify City promptly of any
apparent structural defects which may violate rules. orders and regulations for prevention of fires,
which City shall correct forthwith.
8. Destruction of Premises
In the event that premises shall be destroyed or so damaged by me or other casualty during the
life of this agreement. whereby the same shall be rendered untenantable for the purposes for
which premises are leased. then either party may terminate this agreement. effective
immediately, or both may renegotiate the terms of a new agreement or of an amendment hereto.
9. Termination for Cause
Either party may terminate this agreement upon the material breach of covenants and conditions
by the other party upon five (S) days written notice to the other party. A material breach is a
violation that requires the non-violating party to contact law enforcement authorities or expend in
excess of one thousand dollars ($1,000.00) in correcting in order to continue peaceful enjoyment
of premises for permissible purposes.
10. Waiver
Any waiver of any breach of convenants herein contained to be kept and performed by either
party shall not be deemed as a continuing waiver and shall not operate to bar or prevent either
party from declaring a forfeiture and termination for any succeeding breach either of the same
conditions or convenants or otherwise.
11. Right of Entry
City or any of its agents shall have the right to enter the premises during all reasonable hours, to
examine the same, to make such repairs. additions or alterations as may be deemed necessary for
the safety, comfort, or preservation thereof or of said building, or to exhibit said premises and to
put or keep upon the doors or windows thereof a notice "FOR RENT" at any time within thirty (30)
days before the properly noticed termination of this agreement The right of entry shall likewise
exist for the purpose of removing placards, signs. fixtuies, alterations, or additions, which do not
conform to this agreement, or to the role and regulations of the building.
12. Condition of Premises
County hereby accepts the premises in the condition they are in at the beginning of this
agreement and agrees to mSlintSlin said premises in the same condition, order and repair as they
are at the commencement of said term, excepting only reasonable wear and tear arising from the
use thereof under this agreement, and to make to good to City immediately upon denumd. any
damage to water apparatus, or elecbic lights or any fixture, appliances or appurtenances of saidcpremises, or of the building, caused by any act or neglect of County, or of any person or persons
in the employ or under the control of County. Upon termination of the agreement, County shall
remove all moveable furniture, equipment and appliances installed and return the sites of
installation to their original condition at the beginning of the term of this agreement.
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13. Water Damage
City shall be liable for only such water damage as may be sustained by County through the
carelessness, negligence. or improper conduct on the part of City or its employees. but shall not
be liable for any damage or injury by water, which may be sustained by County or any other
person resulting from the carelessness,. negligence. or improper conduct on the part of County, its
agents or employees
14. Notice and Keys
,
Any written notice required under this agreement shall be made by each party to the other as
follows:
For City:
Ron Herron
525 Angela Street
Key West, FL 33040
For County:
Thomas Brown
County Administrator
5100 West College Road
Key West, FL 33040
The above-specified persons shall have full responsibility for all keys providing access to the
premises. City shall have five (5) keys. County shall have four (4) keys.
15. Hold Harmless and Indemnification
County and City each represents to the other that it carries suitable public liability and property
damage insurance, or is self-insured in amounts adequate to cover any claim within the
limitations of Section 768.28 arising in connection with the lease of the premises under this
Agreement and will continue to carry such insurance or remain self-insured during the entire
term of this Agreement. Each party shall be respoDSlble for any acts of negligence on the part of
its agents and employees. Each party shall hold the other party harmless from all claims arising
from negligence of its agents, employees and independent contractors in connection with this
Agreement, and shall defend the other party against all claims arising out of such negligence of
its agents, employees and independent contractors under this lease.
16. Furniture, Equipment and Appliances
Each party shall retain ownership of the fixtures, equipment, furniture and appliances installed or
placed by each respective party, except as otherwise agreed herein, and maintain a current
inventory of same.
17. Maintenance and Repair
City shall maintain the premises, including the walls and roof thereof, and fixed equipment.
County shall repair such breakage, damage or wear and tear as is caused by County's use of
premises. Should any of County's property be so damaged by City's use to be beyond serviceable
repair or stolen during. or due to, City's use or negligence, City shall replace such property. Each
party shall allow normal wear and tear of its property by the other party's use thereof.
18. Alterations by County
County agrees that it will make no alterations to the building without prior written permission
from City. County agrees to follow all City permitting and building codes and be respoIlS1ble for
all costs associated with such alterations.
19. Custodial and Security Services
County shall be respoDSlble for custodial services and security of the premises at all times.
20. Limitation to use
The premises may be used by County only for the purposes of its Health Resource Center and
related services provided by HRSICounty. Premises may not be used as a residence, nor for any
living. sleeping. and/or residing overnight
21. Utilities
The costs of utilities shall be paid by the County.
22. Garbage and Refuse
County shall be responsible for disposing of garbage and refuse including biohazardous waste
disposal.
23. Mail
County shall be responsible for providing its own mailbox to be located in the designated area in
front of the Douglass Community Center if mail service is desired to premises.
In witness whereof the parties hereto have hereunto executed this instrument for the purposes
herein expressed the day and year above written. .
(Seal)
Attest: Danny Kolhage, Clerk
Board of County Commissioners
of Monroe County, Florida
~Sj:;;i!:;r-filb ~
Mayor f .
Bv~e.LQ..~
D;"uty Clerk 10 -1s - 'IS"
City of Key West
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