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07/28/1993 AgreementBRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 Mannp I. Iftolbagc CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 X E X O R A N D U lit To: Randy Ludacer, County Attorney Oo�s From: Isabel C. DeSantis, Deputy Clerk9.(,-v Date: September 7, 1993 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 On July 28, 1993, the Board authorized the execution of the Ground and Operating Leases with Key's Hospital Foundation, Inc. regarding Mariner's Hospital, with Addendums, as proposed by the County Attorney. Attached for return to "Mariners" is a fully -executed duplicate original of the subject Agreements and Addendums. cc: County Administrator, w/o document Risk Management, w/o document Finance File MARINERS HOSPITAL THIS LEASE AGREEMENT is made by and between the Board of County Commissioners of Monroe County, Florida, as the Mariners Hospital Special Taxing District Board, hereinafter referred to as ("the DISTRICT"), and keys Hospital Foundation, Inc. a Florida not -for -profit corporation, hereinafter referred to as ("MARINERS"). 3 _12 RECITALS c m -v A. The Board of County Commissioners established -*he Mariners Hospital Special Taxing District herernaftery called ("the DISTRICT") by the enactment of Monroe County Ordince No. 015-1992, effective June 22, 1992, a true and correct copy is attached hereto as Exhibit"A". B. The DISTRICT was established for the construction of a new MARINERS Hospital building and for providing equipment to be utilized in said building, and for providing a source of revenue to construct and equip a new hospital facility within the DIS- TRICT. C. MARINERS owns, in fee simple, the real property which is the site of the new MARINERS Hospital, which is known as Phase III, Tavernier, Florida. Said property is described in Exhibit "B" attached hereto and made a part hereof. D. An ad valorem tax of .685 mills was approved by the voters of the DISTRICT for period of five years for the above referenced construction and equipment and in order to go forward with the construction it is necessary that the DISTRICT own an interest in the real property; NOW, THEREFORE, and in consideration of the mutual covenants, conditions, and representations hereinafter contained, it is agreed by and between the parties hereto as follows: DVrTTAT C The parties adopt the above recitals as true and correct and incorporate same herein. 1. TERM This agreement shall be for a term of 99-years commencing July 28, 1993 2. PURPOSE The purpose of this agreement is to lease the newly constructed hospital to MARINERS for MARINERS to operate and administer. 3. OWNERSHIP INTERESTS The DISTRICT shall be the owner of the hospital building and the identified equipment purchased by it from the ad valorem taxes of the DISTRICT. MARINERS shall remain the fee simple owner of the real property subject to the ground lease. 4. CONSIDERATION The consideration for the lease from the Board of County Commissioners for the hospital and equipment to MARINERS shall be the obligation of MARINERS and the performance by MARINERS of the required indigent health care services to be rendered hereunder. 5. RESTRICTIVE COVENANTS During the term of this agree- ment, the following restrictive covenants shall exist and run with the land: 2 A. MARINERS shall not sell, lease, encumber or hypothecate the hospital building, the identified equipment, or the underly- ing land without the express, written consent and approval of the DISTRICT, nor shall it assign nor alienate this lease to any other entity. B. The premises shall only be utilized for an acute care hospital facility which shall serve the needs of the residents of the DISTRICT. MARINERS shall not transfer its license to operate a hospital to any other entity without the express, written consent of the DISTRICT. C. At all times during the agreement, MARINERS shall remain a not -for -profit corporation. The membership in MARINERS not -for -profit corporation shall not be unreasonably restricted. D. MARINERS shall maintain a 24-hour 7-days a week emer- gency room in the hospital building at all times during this agreement. E. The hospital shall be constructed as a hurricane shelter to withstand winds up to the threshold of a category 5 hurricane. The care and safety of MARINERS patients and staff shall have first priority during any hurricane. However, extra shelter capacity shall be made available to the Monroe County Emergency Management coordinator for the use of residents within the DISTRICT. F. At all times during the term of this agreement, MARINERS shall not deny medical and hospital service to indigent residents of the DISTRICT. Indigency shall be defined as personal incomes within 150% of the federal poverty level, as established CA from time to time, depending upon the number of dependents within a family unit. MARINERS shall prepare, publish and deliver to the DISTRICT an annual report of indigent health care provided during the prior calendar year. The report shall be due no later than November 1st of each year. G. MARINERS shall at all times during the terms of this agreement maintain all required state and/or federal licenses needed to operate the hospital facility. 6. EQUIPMENT All equipment purchased from the proceeds of the ad valorem tax revenues of the DISTRICT shall be adequately identified by the DISTRICT and shall remain the property of the DISTRICT. In the event any initial equipment purchased by the DISTRICT bec%mes obsolete or is required to be upgraded or replaced, MARINERS shall make proper application to the DISTRICT Board for approval for such replacement. All such initial equipment purchases, and any subsequent replacement or purchase shall be subject to the Monroe County Procurement Manual policies, as amended from time to time. Replacement shall be at MARINERS, sole expense. 7. INSURANCE MARINERS shall maintain full hazard insurance on the buildings and equipment, to the highest insurable value, including but not limited to fire and other perils, windstorm and flood. MARINERS shall maintain liability insurance, including medical malpractice insurance, in the amounts of $400,000.00 per occurrence, $2.5 million in the Aggregate. The DISTRICT shall be listed as loss payee on all policies for the building and equipment funded with ad valorem taxes and listed as 4 an additional named insured on all liability policies. Mariners shall be an "additional insured as their interests may appear." MARINERS shall maintain the following insurance throughout the term of the lease: a. All Risk Property Insurance on the building and equipment, to include the perils of windstorm and flood. Such insurance shall be for the full replacement cost value of the building and equipment and the DISTRICT shall be named as an additional insured and the Loss Payee. A copy of the policy shall be provided to Monroe County upon occupancy of the building by MARINERS and upon annual renewal. b. Commercial General Liability with minimum limits of $1,000,000 combined single limit, per occurrence. The policy shall name the DISTRICT as an additional insured. A Certificate of Insurance shall be provided to Monroe County Risk Management prior to execution of the lease by the DISTRICT. C. Hospital Professional/Medical Malpractice Insurance with minimum limits of $4009000 per occurrence, $2,500,000 Aggregate, naming DISTRICT as an additional insured. A Certificate of Insurance shall be provided to the DISTRICT upon occupancy of the building. d. Workers Compensation Insurance as required by Florida Statutes with $1,000,000 Employer's Liability coverage. A Certificate of Insurance will be provided upon occupancy of the building. 5 In recognition of the long term of the lease, the DISTRICT reserves the right to reasonably modify these insurance requirements with at least 90 days notice to MARINERS. e. INDEMNIFICATIONMOLD HARMLESS: MARINERS covenants and agrees to indemnify and hold harmless the DISTRICT from any and all claims for bodily injury (includ- ing death), personal injury, and property damage (including property owned by the DISTRICT) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of MARINERS use and occupancy of the building and equipment provided by the DISTRICT. f• MARINERS further covenants and agrees to indemnify and hold harmless and defend Monroe County against any and all claims whatsoever of any kind or nature which challenge the legality of the creation of the municipal service taxing unit or the legality or propriety of this lease or any other contractual arrangement between Monroe County and MARINERS heretofore existing or to be created from this date forward. 8• REPAIRS, ALTERATIONS All repairs, alterations and improvements to the building, in excess of Twenty- five Thousand Dollars ($25,000.00), shall be approved by the DISTRICT Board upon application by MARINERS. Such alterations, 6 repairs and improvements performed at MARINERS' sole cost and shall be duly permitted and shall otherwise meet all of the requirements for public buildings in Monroe County. 9. MAINTENANCE OF IMPROVEMENTS MARINERS shall, during the term of its lease and at its costs and without any expense to the DISTRICT, keep and maintain the premises, including the buildings and equipment therein of every kind and all appurtenances thereto, in good sanitary and neat order, condition and repair and restore, rehabilitate or replace any improvement of any kind which may be destroyed or damaged by fire, casualty or other case whatsoever. The DISTRICT shall not be obligated to make any repairs, replacements or renewals of any kind, nature, or description whatsoever to the demised premises or any buildings or improvements thereon. MARINERS shall also comply with and abide by all federal, state, county, municipal or other governmental statutes, ordinances, rules and regulations affect- ing the demised premises, improvements thereon, or any activity or condition on or in such premises. 10. DAMAGE TO AND DESTRUCTION OF IMPROVEMENTS MARINERS shall provide full insurance coverages for any hazards whatsoever and shall in the event of the damage, destruction or partial destruction of the building or other improvements or equipment or furnishings that are damages, destroyed or partially destroyed for full cost of repairs. In the event of such loss, MARINERS shall, at its own expense, promptly repair and restore the same to a condition as good or better as that which existed prior to such damage or destruction. 7 11. CONDITIONS OF DEFAULT In the event MARINERS fails to meet its obligations under this lease, MARINERS shall be deemed in default. Upon any default, the DISTRICT shall give MARINERS written notice and a 120 day time period to cure the default. In the event the default is not timely cured, all MARINERS' interest in the lease, and the leasehold property, including its interest in all equipment and fixtures, and its interest in all licenses and other permits held by MARINERS and necessary for the opera- tion of an acute care hospital facility on the property, shall pass to Monroe County for the remaining term of the lease without further legal proceedings. Monroe County may then lease and transfer such interests to any other qualified hospital care provider. 12. QUIET ENJOYMENT the DISTRICT covenants and agrees with MARINERS that as long as MARINERS complies with all of the covenants, conditions and requirements required to be performed by MARINERS under this agreement, MARINERS may peacably and quietly have, hold and enjoy the leased building and equipment for the lease term. 13. RECORDING The parties hereto agree that this agreement shall be recorded among the Public Records of Monroe County, Florida, giving notice to all persons whomsoever of the legal and equitable ownerships of the parties hereto and their various interests in the new MARINERS hospital site. 14. MISCELLANEOUS A. Entire Agreement This agreement contains the entire understanding of the parties with respect to the subject matter 0 hereof and merges all prior negotiations and agreements. All amendments hereto must be in writing signed by the party sought to be charged. B. Captions The captions in this Agreement are for the convenience of reference only and shall not be deemed to alter any provision hereof. C. Counterparts This Agreement may be executed in counterparts, and when the counterparts of this Agreement have been executed by all of the parties hereto, such counterparts together shall constitute a valid and binding Agreement, as if one of such counter parts had been executed by all of the parties hereto. D. Binding Effect The benefits and obligations of this Agreement shall inure to and bond the respective heirs, execu- tors, administrators, successors and assigns of the parties hereto. Whenever used, the singular shall include the plural, the plural the singular, and the use of any gender shall include all genders. E. Construction This Agreement shall not be construed more strongly against any party regardless of who was more responsible for its preparation. F. Violation of Laws All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any applicable laws and are intended to be limited to the extent that necessary so that they will not render this Agreement invalid or unenforceable. If any term of this Agreement shall in no way be affected thereby. Vj G. Applicable Law The terms of this Agreement shall be wholly governed by and construed in accordance with the laws of the State of Florida. H. Non -Waiver No Waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative, in addition to every other remedy provided therein or by law. The failure by either party to enforce at any time any of the provisions of this Agreement, or to exercise any option which is herein provided, or to require at any time performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver or create an estoppel from enforcement of such provisions, nor in any way affect the validity of this Agreement or any part thereof, or the right of either party thereafter to enforce each and every such provision, or to seek relief as a result of the prior breach. 1. Force Majeure Notwithstanding anything in this Agreement to the contrary, if any term or condition of this Agreement to be performed or observed by any party hereto is rendered impossible of performance or observance due to any cause beyond such party's control, including without limitation, an act of God, war, civil disturbance, fire or casualty, excused from such performance or observance, provided it takes all appropri- ately reasonable steps as soon as reasonably practical upon the termination of such condition to recommence performance or observance and provided that after fifteen (15) days from the onset of such cause, if the party is still unable to perform its all obligations hereunder, the other party, may, at its option, terminate this Agreement by written notice to the other party to that effect received not less than thirty (30) days prior to the proposed termination date. J. Attorney's Fees In the event it becomes necessary for either party herein to seek legal means to enforce the terms of this Agreement, the non -prevailing party will be liable for all reasonable attorney's fees, travel expenses, deposition costs, expert witness expenses, and fees and any other costs of whatever nature reasonably and necessarily incurred by the prevailing party as a necessary incident to the prosecution or defense of such action, or in any post -judgment or collection proceeding, plus court costs. In the event it becomes necessary for either party to institute, defend, appear or attend any Bankruptcy proceedings as the result of the filing of any Bankruptcy pro- ceedings by or against the other party, all fees and expenses above incurred shall be borne by such party and shall become an additional amount due or a set-off against the amount due under the terms of this Agreement. If either files a Bankruptcy proceeding or has a bankruptcy proceeding filed against it the other party shall be entitled to recover all attorney's and expert witness fees incurred with any Bankruptcy proceeding, herein or trial. The parties agree that the venue for any legal proceeding between the parties shall be in Monroe County, Florida. 11 15. EFFECTIVE DATE This lease cannot be in full force and effect until approved by the Board of County Commissioners of Monroe County, Florida. 16. ENTIRE AGREEMENT This agreement constitutes the entire agreement of the parties with respect to its subject matter and supersedes any and all prior agreements with respect to such subject matter between lessor and the lessee. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this c�364 day of '7u 1993. (SEAL) Attest: DANNY L.KOLHAGE, Clerk By G. Deputy Ulerk (SEAL) Attest: By a Secretary STATE OF FLORIDA COUNTY OF MONROE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AS THE MARINERS SPECIAL TAXING DISTRI BOARD By G. Mayor/Chairman KEYS HOSPITAL FOUNDATION, INC. d/b/a/ MARINERS HOSPITAL By - Chairman r BEFORE ME personally appeared Christian A. Fleisher and Charlen C . Regan, as Chairman #XXXAK&ME9ftb= and Secretary o the eys Hospital Foundation, INc., personally known to me to be the persons described in and who executed the foregoing instru- ment and acknowledged to and before me that they executed said instrument in the capacity and for the purpose therein expressed. WIT!�y hand and official seal, this_ day of 1993. Notaryart ,,. Jflc Name Printed an um er otR— arysignature and Seal mariners/leaseI Pn� K Mvoa 0x p� 11rd114•�. +► �a� 1� Norell MIC '" ' 12 '�- F,LEf.� n:, '��P W ,J! 26 P 2 :5 3 Monroe County Commission 0AN14 :GE ORDINANCE NO. 015 -1992 tIONROF ''OUNpkjq Ft*DINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, DECLARING THAT AN EMERGENCY EXISTS BECAUSE AN ESSENTIAL HEALTH CARE FACILITY IS REQUIRED AND WAIVING NOTICE BY A FOUR -FIFTH'S VOTE; CREATING THE MARINERS HEALTH CARE SPECIAL TAXING DISTRICT FOR THE CONSTRUCTING AND EQUIPPING OF NEW HEALTH CARE AND RELATED FACILITIES AT THE MARINERS HOSPITAL SITE; DEFINING THE DISTRICT BOUNDARIES AS THE UNINCORPORATED AREA OF THE COUNTY EXTENDING FROM THE WEST END OF LONG KEY TO THE DADE COUNTY LINE EXCLUDING THE MAINLAND; PROVIDING FOR THE PURPOSES OF THE DISTRICT; DESIGNATING THE COUNTY COMMISSION AS THE GOVERNING BODY THEREOF; PROVIDING FOR THE OPERATION OF THE HEALTH CARE FACILITIES BY KEYS HOSPITAL FOUNDATION, INC.; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, unique and distinct areas of Monroe County exist with differing degrees and needs concerning hospital facilities, and WHEREAS, Mariners Hospital's existing facility no longer meets basic State of Florida Health and Rehabilitative Services ("HRS") requirements and life safety standards, nor provides an adequate physical plant to meet its expanding roles for providing essential services to the Upper Monroe County area, and WHEREAS, the Board of Trustees of Keys Hospital Foundation, Inc., d/b/a Mariners Hospital, has, after extensive research and deliberation, voted unanimously to build a new facility to EXHIBIT A provide these essential health care facilities and meet Florida HRS requirements, and i WHEREAS, Monroe County desires to establish a means of funding the construction and equipping of a new health care and related facilities, and WHEREAS, if there is to be a possibility of levying the tax imposed by this Ordinance in the upcoming year, then the Ordinance must be approved by the Board before July 1, 1992, and WHEREAS, in creating the District time is of the essence in order to protect the health, safety and welfare of visitors and citizens of Monroe County because the existing Upper Keys Hospi- tal does not meet basic State of Florida Health, and Rehabilitative Services requirements; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: Section 1 An emergency is hereby declared and notice waived by a four -fifth's vote. Section 2. There is hereby established the Mariners Health Care Taxing District, subject to a one-time referendum approval for such establishment and ad valorem taxation for the implementation and operation thereof. Section 3. FINDINGS OF FACT The Board of County Commissioners of Monroe County does find that establishment of a dependent municipal service taxing district in the county is necessary to provide certain essential health care and medical facilities, including care for indiggnts, and is a service under Section 125.01(1)(q) of the Florida i 2 Statutes for which a dependent special taxing district may be created under Chapter 125, Florida Statutes. Section 4. BOUNDARIES The boundaries of the Mariners Hospital Taxing District is comprised of the unincorporated area of Monroe County, geo- graphically encompassed from the west end of Long Key north to the Dade County line, excluding that portion of Monroe County located on the Mainland, and corresponding to current election precincts 20, 21, 22, 23, 24 and 25, excluding that portion of precinct 24 located on the Mainland. Section 5. PURPOSES The purposes of the Mariners Hospital Taxing District shall be to provide health care services, 'medical and health care facilities and equipment, including indigent care, within the boundaries of the District, including but not limited to a health care facility with an emergency room. Section 6. GOVERNING BODY The governing body of the Mariners Health Care Taxing District shall be the Board of County Commissioners of Monroe County. Section 7. ADVISORY BOARD The governing body shall be advised by Keys Hospital Founda- tion, Inc., (a Florida not for profit corporation), who shall make budgetary and procedural recommendations to the Board of County Commissioners. 3 Section 8. POWERS AND DUTIES The governing body of Mariners Hospital Taxing District shall have the following powers and duties: 1. The governing body shall have all the powers and duties of a municipal service taxing district as set forth in Chapter 125 of the Florida Statutes and as set forth in Chapter 2, Article V, Division 1 of the Monroe County Code in order to carry out District purposes. 2. The governing body is empowered to sue and be sued; shall enter into any and all contracts on behalf of and as recommended by the Mariners Hospital Taxing District and its Advisory Board, to*receive grants and other revenues other than those enumerated in this Ordinance on behalf of the District, and shall enter into interlocal agreements on behalf of the District when recommended by the District Advisory Board. 3. The governing body may issue tax anticipation, warrants or notes, to be paid from the ad valorem taxes hereby authorized, in accordance with general law, for the purposes set forth herein, when recommended by the District Advisory Board. 4. The governing body may acquire by gift, purchase, or the exercise of the right of eminent domain, lands, and any other property, real or person- al, tangible or intangible, necessary, desirable, or 4 convenient for such purposes enumerated herein when recommended by the District Advisory Board. 5. Subject to the provisions in Subsection 3 of this Section, the revenues generated in the District shall be only utilized for: a) The construction and equipping of a Florida Health and Rehabilitative Services (HRS) approved health care and related facilities and equip- ment to provide health care and related services for residents and visitors of the Upper Keys area of Monroe County. b) The District shall be required to solicit competitive bids for the' construction and equipping of new health care and related facilities, and shall not be required to accept the lowest bid, but shall be required to accept the lowest bid meeting the requirements of the District taking into consideration the recommendations of Keys Hospital Foundation, Inc., and Florida Health and Rehabilitative Services. c) In the event more tax revenues are realized from the Mariners Health Care Taxing District than are required for the construction and equipping of a new health care and related facilities, such excess shall be retained by the governing body, as a reserve' for capital improvements, repairs and acquisitions for the Mariners health care facilities and equipment, as 5 requested by Keys Hospital Foundation, Inc., and approved by the governing body. 6. The facilities and equipment financed by the', Mariners Health Care Taxing District shall be subject to the following: a) All facilities and equipment shall be inventoried, tagged, or otherwise identified. b) The facilities and equipment financed with the revenues of the Mariners Health Care Taxing District shall not be sold, in whole, or in part, without the express, written approval of the governing body whereupon the proceeds therefrom, to the extent generated by the Mariners Health Care Taxing District, shall be retained by the governing body for such uses and purposes as they shall determine, excepting, however, that (i) equipment may be replaced, or (ii) obsolete or inoperative equipment may be abandoned, upon ,certification to, and approval by, the governing body. All such replacement equipment shall be iden- tified and subject to the provisions of the governing Florida Statutes. c) The facilities and equipment financed with the revenues from Mariners Health Care Taxing District shall be owned by the District. Keys Hospital Foundation, Inc. shall enter into a 99 year lease, with the District for the real property upon which the facilities and equipment are to be located. Keys 6 f Hospital Foundation, Inc., and the District shall als% enter into an agreement for the operation of Mariners Health Care Facility by Keys Hospital Foundation, Inc.,l as public not for profit health care service provider and facility as authorized by Sec. 125.01(1)(q), F1a.Stat. The governing body and Keys Hospital Foundation, Inc. shall record a document giving notice of the District's ownership and lease of the above -referenced facilities, equipment, and real property. d) Keys Hospital Foundation, Inc., its successors and/or assigns shall not have any right or power to anticipate, pledge, assign, sell, transfer, alienate or encumber any interest in the facilities and equipment financed and owned by the District or any real property leased to the District; nor shall any such interest in any manner be liable for or subject to the debt, liabilities or obligations of Keys Hospital Foundation, Inc., its successors and/or assigns. 7. The governing board of the District shall impose a tax of 0.685 of one mill (.000685) on the assessed valuation of the taxable real property in the District, each year, for a period of five years, subject to a one-time referendum within the District prior to the imposition of such tax. Extension of District taxing rowers and levy after the initial five year period shall require subsequent referendum, 7 i provided that such referendum states specific utilization of such further levy. g. The obligations incurred pursuant to they statutes shall be paid by the governing body from ad valorem revenues as authorized by this Ordinance, and with funds otherwise designated for the use of the District, shall not be paid for with other tax revenues generated by the County of Monroe or the State of Florida. 9. All invoices and requests for payment are to be paid upon receipt of a payment voucher request that shall be verified by the governing body as proper expenditures provided for herein, and shall otherwise comply with all requirements of general law concerning the expenditure of dependent special taxing district funds. Section 9. SEVERABILITY If any section, subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of this Ordinance shall not be affected by such invalidity. Section 10. INCONSISTENCIES All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 11. INCLU61UN IN inz riu"L%uE, ►,. - -- provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an 8 addition or amendment thereto, and shall be appropriately renum- bered to conform to the uniform numbering system of the Code. Section 12. EFFECTIVE DATE This Ordinance shall, take effect when a copy has been accepted by the postal authorities of the Government of the United States for special delivery by registered mail to the Secretary of State, State of Florida. However, no tax shall be imposed pursuant to this Ordinance, and Board of County Commissioners shall act promptly to repeal the Ordinance, unless a majority of the voters within the boundaries of the District voting in the September 1, 1992, primary election vote in favor of the following referendum: CREATION OF A TAXING DISTRICT FOR FINANCING MEDICAL EQUIPMENT AND NEW FACILITIES AT MARINERS HOSPITAL Shall Monroe County create a special taxing district in the unincorporated area of the County from the west end of Long Key to the Dade County line (excluding the Mainland) imposing an ad valorem tax of 0.685 of one mill (.000685) on real property within the district for five years for the funding of additional medical equipment and new health care facilities at Mariners Hospital including, but not limited to, an emergency room? Yes (approval of the proposal) No (rejection of the proposal) PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 22nd day of June, A.D., 1992. Mayor Harvey Yes Mayor Pro Ten London No Commissioner Cheal -Yes Commissioner Jones Commissioner Stormont Yes (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY . KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA BY: BY: ep yClerk_ EFFECTIVE DATE: vA�; 9 e C_a( A parcel of land lying in Sections 33 and 34, Township 82 South, Rangc 38 East in Key largo, Monroe County, Florida, said parcel also consisting of a portion of Lot 15, Plat of AMOS LOWE HOMESTEAD, according to the Plat thereof as recorded in Plat Book 1, at Page 80 of the Public Records of Monroc County, Florida, said parcel atso consisting of a portion of Government Lot 2, Section 33, Township 62 South, Range 38 East, Monroe County, Florida and being; more particularly described as follows: Commcncc at the intersection of the most Easterly corner of said Lot 15 and the Northwesterly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence, N 47 23'28" W along the said Easterly line of Lot 15 for 246.41 feet to the Point of Beginning; thence S 42 35'04" W a distance of 210.01 feet; thence S 47 23'28" E a distance of 246.41 feet to the Northwesterly Right -of Way line of U.S. Highway No. 1; thence S 42 35'04" W along the: said Northwesterly Right -of -Way line of U.S. Highway No. I a distance of 50.00 feet; thcncc N 47 23'28' W a distance of 246.41 feet; thence S 42 35'04" W a distance of 114.71 feet; thence S 47 24'56" E a distance of 46.41 feet; thcncc S 42 35'04" W a distance of 180.00 feet; thence S 02 12'04" E a distance of 68-15 feet; thcncc S 87 46'49" W a distance of 177.35 feet; thence N 02 13'52" W a distance of 647.74 feet; thence N 87 46'49" E a distance of 61.13 feet; thence N 02 13'11" W a distance of 145.18 feet; thcncc N 87 50'34" E a distant of 174.46 feet to the said Easterly line of Lot 15; thcncc S 47 ZT28" E along the said Easterly line of Lot 15 a distance of 422.83 feet to the Point of Beginning; LESS AND EXCLUDING M.0.11 PARCEL 1 AND M.O.B. PARCEL 2 DESCRIBED IN EXHIBIT A-2 ATTACHED HERETO. EXHIBIT B 4 M.O.B. Parcel 1 A parcel of land lying in Sections 33 and 34, Township 62 South, Range 38 East in Keys Largo, Monroe County# Florida, said parcel also consisting of a portion of Lot 15, Plat of AMOS LOWE HOMESTEAD, according to the Plat thereof as recorded in Plat Book 2 at Page 80, of the Public Records of Monroe County, Florida, said parcel also consisting of a portion of Government Lot 2, Section 33, Township 62 South, Range 38 East, Monroe County# Florida and being more particularly described as follows: Commence at the intersection of the most Easterly corner of said Lot 15 and the Northwesterly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence N 47'23128' W along the said Easterly line of Lot 15 for 246.41 feet; thence S 42"35104' W for 5.53 feet to the Point of Beginning; thence S 42*351040 W a distance of 215.98 feet; thence N 470241560 W a distance of 39.09 feet to the point of curvature of a curve to the right, having a radius of 9.56 feet, a central angle of 83*381251 a tangent length of 8.55 feet, a chord bearing of N 05*351431 W and a chord length of 12.75 feet; thence along the arc of said curve, an arc length of 13.95 feet to the end of said curve; thence N 42035'04" E a distance of 207.50 feet; thence S 47*23128" B a distance of 48.59 feet to the Point of Beginning. M.O.B Parcel 2 A parcel of land lying in Sections 33 and 34, Township 62 South, Range 38 East in Key Largo, Monroe County, Florida, said parcel also consisting of a portion of Lot 15, Plat of AMOS LOWE HOMESTEAD according to the Plat thereof as recorded in Plat Book 1 at Page 80, of the Public Records of Monroe County, Florida, said parcel also consisting of a portion of Government Lot 21 Section 33, Township 62 South, Range 38 East# Monroe County, Florida and being more particularly described as follows: Commence at the intersection of the most Easterly corner of said Lot 15 and the Northwesterly Right -of -Way line of U.S. Highway No. 1 (State Road No. 5); thence N 47*23128" W along the said Easterly line of Lot 15 for 246.41 feet; thence S 42*35104" W for 248.52 feet to the Point of Beginning; thence S 42*35104' W a distance of 126.20 feet; thence S 47"24156" E a distance of 46.41 feet; thence S 42*35104" W a distance of 191.75 feet; thence N 47.241561 W a distance of 23.00 feet; thence S 42*35104" W a distance of 59.00 feet; thence S 47*241561 S a distance of 27.37 feet; thence S 87*46149" W a distance of 85.73 feet; thence N 02*13152" W a distance of 54.69 feet; thence N 42*35104" E a distance of 390.07 feet to a point on a curve to the right having a radius of 9.56 feet, a central angle of 83*38125" a tangent length of 8.55 feet, a chord bearing of S 89614109" E and a chord length of 12.75 feet; thence along the arc of said curve, an are length of 13.95 feet to the point of tangency of said curve; thence S 47*24156" E a distance of 39.09 feet to the Point of Beginning. Exhibit A-2 S 87.46'49" W 177.35' COXVK SMILE LISR TABLE ■0 aadi,us D*Itb Arc 50 B;ARING DISTAXCR 1 9.S6 43036025" 13.95 1 ■47.24'56'11 39.09' 2 9.56 63.391250 13.95 2 M47.24'56•M 23.00' 3 S42•35'04•0 59.00' 4 S47.24.56.8 27.37' S 1147.241561E 3l.09' DRA11945 BASID ON StlIVEY D! VORU,AR1N0197E*05 t MANUCY,INC. MARINERS HOSPITAL Tavernier, Florida sketch to Accompany Owe. 40. FREDERICK H. HILDEBRANDT '— Cr t` n 93-296 ENGINEER SURVEYOR PLANNER MAN 1"-100' �f IFi����� FHH 3i50 Northside Wive FleNie Ilee([N.a Suite 10f 7/13/93 file Key West, F1, 3304A RSVI 10N9 AND/OR ADDITIONS 13051293-0466 Fax. (3051 293-0237 �`- y MOBILE 1305) 931-8146 CERTIFICATE OF INSU AN ISSUE DATE (MM/DD/ 8d31d93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND ' PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. REGAN INSURANCE AGCY COMPANIES AFFORDING COVERAGE 901-11 OVERSEAS HWY t4l T AVERNIER FL 33070 COMPANY 'y1' LETTER A S C PAUL. FI SFRV CENTER INSURED i COMPANY LETTER B gY MgMANAGEME I COMPANY `. KEYS HOSPITAL FOUNDATION LETTER 50 HTGH PT ROAD T AVERNIER t= L 33070 COMPANYD `� - L• LETTER 0AA G r E LETTCOMPAER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY FIK06600601 J..'//03/057 . s- ) CY d Y3GENERAL AGGREGATE $ Z ? 0 0 0 ? .1 k COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ s ? 00000 CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ 1. ? 000 ? 000 OWNER'S & CONTRACTOR'S PROT, EACH OCCURRENCE $ 1 ? 000 ? 000 {}00 FIRE DAMAGE (Any one fire) $ 1 00000 MED. EXPENSE (Any one person) $ 5 IF 000 r AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER Received, Risk Mgmt. & Loss Control �.. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DATE HOSPITAL IMTIAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIQNDATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 3 (� DAYS NAMED TO THE MARINER'S HOSPITAL SPECIAL MAIL WRITTEN NOTICE TO THE CERTIFICATE HOLDER LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR TAXING D T S T R T C T E: O A R D d A D D I N S D LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 5100 COLLEGE RD K E Y W E S T F L. '_; S O Di 0 AUTHORIZED REPRESENTATIVE 4.7GAN ROBERT >t , ,-� B ACORD 25-S (7/90)'"� ., "° ©ACORD CORPORATION 1990 ISSUE DATE (MM//9 "® CERTIFICATE. OF INSURANCE ■J ice+- 8 ;' ,31 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND _ PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. REGAL INSURANCE AGCY COMPANIES AFFORDING COVERAGE 901t19 OVERSEAS HWY T A V E R N I E R FL 33070 COMPAN Y A APPROVED BY RISK MANAGEMENT LETTER COMPANY BY B 'INSURED q761- LETTER 1'EYS FIOSF'TTAL. FOUNDATION COMPANY DATE C MARINERS HOSPITAL LETTER SJ 15 Q HIGH F' T ROAD WAIVER N/A ..----YES ---- COMPANY D TAVERNIER FL 33070 LETTER COMPANY E LETTER F L MED MALPRACTICE COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMPIOP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ f OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ K EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ AND DISEASE —POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ OTHER Q - 1/ 3 7/01/?2F 1-1 10 0 ! Z!•.J P' Receive MEDICAL, t� A L_ F' Ft A C Risk Mgmt. & Loss Control DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DATE HOSPITAL WiTIAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIQ �j DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL J. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE H O S R' Z T A L SPECIAL LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR r JC 'TAXING I I� G DISTRICT S T R r L T LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 5100 COLLEGE RD f4 E Y W F. S T FL 33010 AUTHORIZED REPRESRNTA VE '-Rf ROEIERTf.* G A N' F. ACORD 25-S (7/90) ©ACORD CORPORATION 1990 CERTIFICATE OF INSURANCE ISSUE DATE M/DDT Y> Li .r` ,� 1: , 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND PRODUCER CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. REGAN INSURANCE AGCY COMPANIES AFFORDIMRkAy&QME 90111 OVERSEAS HWY- APPROVED BY TAVERNIER FL 330.70 COMPANY LETTER A BY COPA 9 a B INSURED LETTERNY DATE F;FYS HOSPITAL FOUNDATION COMPANY C WAIVER N/A..�—YES f MARINERS HOSPITAL LETTER 50 HIGH PT ROAD COMPANY D TAVERNIE.R FL. 33070 LETTER ASSOCIATFI? INDUSTRIES t, COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $ CLAIMS MADE OCCUR. PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE $ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM Iy 932307802 3/01/93 3/01l99 X STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT $ 1. ! 000 1000 AND DISEASE —POLICY LIMIT $ 1 0 0 0 ! 0 tl EMPLOYERS' LIABILITY DISEASE —EACH EMPLOYEE $ I. ! 000 ! 000 OTHER Receives Risk Mgmt. & Loss Control DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS DATE FLORIDA OPERATIONS MTIAL CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION} DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO DAYS THE CERTIFICATE HOLDER NAMED TO THE MARINER'S HOSPITAL SPECIAL MAIL WRITTEN NOTICE TO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR I A X I N G DISTRICT BOARD LIABILITY OF ANY D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. 5100 COLLEGE RI) F;EY WE:-,��i FL. 33010 AUTHORIZED REP SE ATIVE ._ � ROBE' 0-IRE G A IN E) ACORD 25-S (7/90) CACORD CORPORATION 1990