CAY Letter
. O~~rY ~O~~~~E
(305) 294-<4641
County Attorney
310 Fleming Street
Second Floor
Key West, FL 33040
(305)292-3470
JARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, A Earl Cheal, District 4
Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
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August 17, 1993
Stephanie A. Walters
Administrator DHRS
5100 West College Road
Key West, FL 33040
RE: Agreement for use of space at Douglass Community Center
Dear Mr. Walters:
The Interlocal Agreement for County use of Douglass Community
Center by DHRS, Monroe County Public Health Unit, has been
forwarded to me for review.
I have ote concern about the agreement, to wit: that in para-
graph 3, the City leases to the County a space at the "Premises
known as Douglass Community Center ...." The term premises is
then later used in a number of paragraphs. The two paragraphs
that give me cause for concern are 19, wherein the County is
responsible for custodial services and security of the premises
at all times; and 21, which requires the County to pay the costs
of utilities. My concern is that it is possible to interpret the
use of the term "premises" in paragraph 19 and the non-limitation
in paragraph 21 as requiring the County to be responsible for all
custodial services, security, and utility costs ,of the entire
premises described in paragraph 3 as the building known as
Douglass Community Center.
Accordingly, please revise paragraphs 19 and 21 to define Coun-
ty's responsibility for custodial services, security, and utility
costs of the space occupied by County under this .s.greement.
Also, you may want to revise some of the other uses of the word
"premises" to be that space occupied by the County under the
agreement. When these changes are made, I will be happy to sign
the agreement for form and legal sufficiency.
If you have any questions, please feel free to call.
Sincerely,
~Fi~.
~~ ~~'HUTTON
Assistant County Attorney
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[k~1 ST, \TI' OF 1'1.01<"),\
DEPAHTl\1E,NT or.... I U:ALTH AND HE.HABILIT A TIVE SERVICl~S
August 12, 1993
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FROM:
Mr. Randy Ludacer, County Attorney (~.~)
Stephanie A. Walters, Administrator~
ACG 12
1993
TO:
Cn~ !f,,17\/ J~T.ry
VuHI i 'd I
SUBJECT: Agreement
The Monroe County Public Health Unit wants to agenda this agreement
at the September 7, 1993 meeting.
Mr. Ron Herron, City of Key West,is handling it for the city.
Please let us know your concerns.
SAW/bam
Attachment
MONHOE COUNTY PUBLIC HEAL TII UNIT
5100 \Vcst College Hoad · Key West, FL 33040 (305) 294~1021 F/\X # 292~()872
:n:n ()verSCdS IligllwdY · :-Vldrat!1on, FL 330.'>0 U05) 743~945G
r)(), Box 157 · Tavernier, FL :n070 (305) R52~92\(j
INTERLOCAL AGREEMENT FOR MONROE COUNTY USE
OF
DOUGLASS COMMUNITY CENTER
Monroe County Res. No.
Key West Res. ~o.
This INTERLOCAL AGREEMENT entered into this day of .1993,
between the City of Key West, Florida, whose address is 525 Angela Street, Key West, FL 33040
("City"), and the Board of County CommissiODClS of Monroe County, Florida, 500 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 bas 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 CONSIDERA nON of the mutual c:ovenants below:
1. Purpose of Agreement
The purpose of this agreement is to define the respective rights and obligations of City and
County UDder this agreement relative to provision of premises at Douglass Community Center to
be used and occupied by County for a Health Raourc:e Center to be operated by the Departmcot
of Health and Rehabilitative Services, Monroe County Public Health Unit and activities related
thereto.
2. Term and Termination
The agreement shall begin and continue throush such termination date as either
party may elect, provided that the termirullting 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 . compnsmg
approximately 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 RDt.
4. Modifications and Amendments
Any and all modifications and amendments of this agreement shall be approved by the Board of
County Commissioners for Monroe County and by the City Commission for the City of Key West
and in writing. No modification or amendment shall become cft'cctive until approved in writing
by both parties.
S. Assignment
County sball not assign this agreement. except in writing and with prior written approval of City,
which approval sball be subject to such conditions and provisions as City may deem necessary.
'Ibis agreement shall be incorporated as City may deem uccessary. This agreement sball be
incorporated by reference into any assignment and any assigtiee sball comply with all of the
provisions herein, unless expressly provided otherwise in an amendment authorizing such
assignment Unless expressly provided for therein, such approval sball 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
fumitUIe, equipment and app1ianc:cs, shall become the ProPertY of City and remain upon the
premises as a part them>f, and be 5U1'1'e11dercd 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 responsible 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 statlJtecC. orrfiM~. rules. orders.
regulations and requirements related to the leue of premiJeI UDder this agreement. aDd
Iba~t of nuisana!$ or other grievaDCeS in, upon or connected with said premises duriD8 the
term of this agreement. County shall comply with all rules. orders and regulations of Southem
Under writers Association for prevention of fires with respect to its use of and placement of items
df1 the premises at Q)unty's own costs and expenses. County sball notify City promptly of any
apparent structural dcfeds which may violate rules, orders aDd regulations for prevention of ftreI.
which City shall correct forthwith.
8. Destruction of Premises
In the event that premises shall be destroyed or 80 ~m~p by fire or other casualty during the
life of this agreement. whereby the same shall be reDdered untt!11antable 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 (5) 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 ~ing 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 emer 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 DOtice -POR. RENT" at any time within thirty (30)
days before the properly noticed termination of this qreemeot. The right of entry shall1ikewile
exist for the purpose of removing placards, sips. ftxtuies, alterations, or additions, which do DOt
conform to this agreement, or to the role and rqp1IatiODS of the building.
12. Condition of Premises
County hereby accepts the premises in the oondition they are in at the begjnning of this
agreement and agrees to lIUlint~in said premises in the same condition, order aDd repair as they
are at the commencement of said tam, ~ cmly reasonable wear and tear IU'isin8 from the
use thereof UDder this agreement, and to make to JOOd to City i1ftlNllltiately upon cJenuand. any
ml1n~F to water apparatus. or eJectric lights or any fixture, appIiaDces or appurtcDIDCa of IBid
premises, or of the buiJding, caused by any IlCt or DeJIcct rI County, or of any peI10Il or perIOIII
in the employ or under the control of County. Upon termination of the agr=DCDt, County shall
remove all moveable furniture, equipmeDt and app1iaDces installed and return the sites rI
installation to their original oondition at the tq;nning rlthe term of this agreement
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13. Water Damage
City shall be liable for only such water da~F as may be sustJilV'.d by County through the
carelessness, negligeoce, or improper 00Ddua OIl 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, ~i~, or improper conduct on the part of County, ita
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:
11lomas Brown
County Administrator
S 100 West College ROId
Key West, FL 33040
The above-spccified persons shall have full responsibility for all keys providing access to the
premises. City shall have five (S) keys. County shall have four (4) keys.
.
1 S. Hold Harmless and Indemnification
County and City each represents to the other that it carries suitable public liability aod property
damage iDsuraDce, or is self-insured in a~'l'ts adequate to cover any claim within the
limitatioDl << Section 768.28 arisiDs in CODDeCIioa. with the lease cI the premises under thia
Agreement aod will continue to cany such insuraDce or remain self-insured during the entire
tam of this Agreement. Each party shall be respoDSible for any acts cI neg1i~ on the part of
its agents aDd employees. Each party shall bold the other party harmless from all claims arising
from. DCgligence of its agents, employees aDd indeperident contractors in connection with thia
Agreement, and shall defend the other party apinst all claims arising out of such negligence of
its agents, employees aod i11dependent c:onttactors UDder this lease.
16. Furniture, Equipment and Appliances
Each party shall retain ownership of the fixtures. equipment, furniture aod appliaDa:s iDstalled or
placed by each respeaive party, except as otbenrise agreed herein, aDd msaintJlin a curreat
inYeIltory of IllUDe.
17. Maintenance and Repair
City shallmstintain the Premises. includiDg the walls aDd roof ~ aDd ftxcd equipmeut.
County shall repair such breakage. dAmsaV or wear aDd tear as is caused by County's UIe m
premises. Should any of County's property be 10 ~ by City'. UIe to be beyoad IIel'ViceabIe
repair or stolen during, or doc to, City'. use or uegJ~, City sbaIl rqWM:e such plopeat}. Each
party shall allow normal wear aod tear of its property by the other party'. Ole therea[
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 aDd builc:Iin8 codes aDd be responsible for
all costs associated with such a1tcrations.
19. Custodial and Security Services
County shall be responsible for custodial services aod security of the premises at all times.
20. Limitation to use
The premises may be used by County only for the pwposes of its Health Resource Center aod
related services provided by HRSICounty. Premises may DOt be used as a residence, nor for any
living. sleeping, and/or residing overnight.
21. Utilities
The costs ofutilitics shall be paid by the County.
22. Garbage and Refuse
County shall be responsible for disposing of gaIbage and refqse 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 scrvic::e is desired to premises.
In witness whereof the parties hereto have hereunto executed this instrument for the purposes
herein expressed the day and )U1' above writteo.. .
(Seal) Board of County Commissioners
Attest: Danny K.olhage, Clerk of Monroe County, Florida
By By
Deputy Clerk Mayor IChairman
(Seal) City ofKcy West
Attest:
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By
City Clerk
By
City Manaaer