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01/19/2000 Agreement Clerk of lIIe Circul coun Danny L. Kolhage 305-292-3550 Menwrandum To: Dent Pierce, Director Monroe County Public Works From: Isabel C. DeSantis, _ Il /) A. Deputy Clerk QY, l.'. t/. Friday, June 9, 2000 Date: The Board of County Commissioner's approved the following: At the BOCC meeting of January 20, 2000: Lease Agreement between Monroe County and the Big Pine Athletic Association to lease/operate the Blue Heron Youth Center, for an amount of rent totaling $1.00 per year and all costs associated with utilities and solid waste. At the BOCC meeting of February 16, 2000: renewal of Business Lease between Monroe County and the Big Pine Athletic Association to lease Parcels II and IJ, Pine Key Acres, Big Pine Key, Florida (a.k.a. Watson Field) for an amount of rent totaling $1.00 per year. Enclosed herewith are duplicate originals of the subject documents for your handling. Should you have any questions concerning this matter, please do not hesitate to contact me. Cc: County Administrator, w/o doc. Risk Management, w/o doc. County Attorney Finance ylFile , . , . FILED FOR RECORD AGREEMENT 00 JUN - 9 PH~: i 3 . tI1 _, This ~1j.81ldntIWl!ijlfil~~nd entered into thi~ tL!... day of r -Jttfiuf)lY:u:tr), by and be_Dtro~:mbre:~OONTY, FLORIDA, a political subdivision of Ln~ State of Florida, hereinarf&rC~L .end BIG PINE ATHLETIC ASSOCIATION, a nonprofit corporation existing under the laws of the State of Florida, hereinafter BPAA. WITNESSETH: WHEREAS, BPAA is a not-for-profit corporation established for the provision of activities for the wholesome development of youths' personal, social, physical, emotional and spiritual growth; and WHEREAS, BPAA provides such activities in a wholesome, alcohol-free and drug- free environment for young people in Monroe County; and WHEREAS, it is a legitimate publiC purpose to provide facilities and services for recreational use and social functions of the community in a wholesome environment free from drugs and alcohol; NOW, THEREFORE, in consideration of the covenants hereinafter to be kept and performed, the COUNTY hereby leases unto BPAA that certain property described as follows: 1. PREMISES. Tracts DW and EJ, PINE KEY ACRES, Big Pine Key, Florida, as recorded in Official Records Book 509, at page 1047 of the Public Records of Monroe County, Florida, LESS the Southerly Twenty-five (25) feet of Tract DW and EJ PINE KEY ACRES, Big Pine Key, Florida, as recorded in Official Records Book 509, at Page 1047, of the Public Records of Monroe County, Florida; also referred to as the Blue Heron Building. 2.~ TERM. The term of this agreement shall be for three (3) years, commencing . / y/ ~ ,and shall be terminated after said period, unless extended pursuant to the terms of this agreement. 3. EXTENSIONS. This agreement may be extended for additional period of three (3) years if BPAA provides to the COUNTY written notification of BPANs intent to extend the agreement at least thirty (30) days prior to the expiration of the agreement. Such extension is not available, however, if the COUNTY has provided to BPAA written notification of its intent not to consent to an extension at least sixty (60) days prior to the expiration date of this agreement. 4. RENTAL. BPAA agrees to pay to the COUNTY, as rent for said property during the term of this lease, the sum of One Dollar ($1.00) per year, to be paid on or before the anniversary date of each year for the term of this agreement, or any extensions thereof. 5. PAYMENT OF RENT. The rent shall be paid as specified above, and in the event that any installment shall remain unpaid for a period of thirty days after the same shall have become due and payable, the COUNTY may, at its option, consider BPAA a tenant at sufferance, and may immediately enter upon said premises and take possession thereof. In such event, or in the event of any other default by BPAA under the terms and conditions of this agreement which shall continue for a period of thirty days from the time of notice to BPAA of such default, shall also entitle the COUNTY to the same remedy. 6. USE OF PREMISES. a.) The premises described in paragraph 1, above, shall be actively used as youth center for the Big Pine Key area. The COUNTY hereby enters into this agreement with BPAA to supervise and operate said youth center. BPAA shall at all times be responsible for assuring that the operation of the center does not create a nuisance or become used for any illegal or immoral purposes, including allowing any alcoholic beverages or unlawful narcotics to be possessed, used or consumed by persons on the premises or allowing persons under the influence of alcohol or unlawful narcotics to enter the premises, and that the center complies with any applicable federal, state and county laws, statutes and ordinances. b.) The premises must be made available for use by other non-profit organizations, subject to scheduling and reasonable restrictions on use that the BPAA deems necessary to assure that the premises are primarily used as a youth center and that no immoral or illegal activity takes place on the premises. However, if the BPAA and a non-profit group are unable to agree on the scheduling or restrictions on use, then a final decision on the group's use of the premises will be made by the County Administrator. 7. IMPROVEMENTS. The COUNTY may remodel, renovate, or reconstruct any buildings, structures or additions existing on the premises. 8. CANCELLATION. Either party hereto may cancel this agreement with or without cause by giving the other party sixty (60) days written notice sent by certified mail of its intentions to do so. 9. RETURN OF PREMISES. At the end of the term of this agreement or any extensions thereof, BPAA shall vacate and peacefully surrender the premises to the COUNTY. BPAA shall not suffer or permit any waste to occur to the premises during the term of this agreement. 10. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the BPAA is an independent contractor and not an employee of the Monroe County Board of County Commissioners. No statement contained in this agreement shall be construed so as to find BPAA or any of its employees, contractors, servants or agents to be employees of the Board of County Commissioners. construed so as to find BPAA or any of its employees, contractors, servants or agents to be employees of the Board of County Commissioners. 11. COSTS. The COUNTY will be responsible for all costs associated with the premises under this agreement regarding maintenance of the building and improvements thereto. BPAA will be responsible for all costs associated with utilities and solid waste in connection with the premises leased hereunder. 12. INDEMNIFICATION AND HOLD HARMLESS. BPAA covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of BPAA utilizing the property governed by this agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 13. INSURANCE BPAA, at its own expense, shall continue to supply insurance as speCified by Monroe County Risk Management. BPAA will not be permitted to occupy or use the property until satisfactory evidence of the required insurance has been furnished to the County. BPAA shall maintain the required insurance throughout the entire term of this agreement and any extension speCified by Monroe County Risk Management. Failure to comply with this provision may result in the immediate termination of the agreement and the return of all property owned by the county. BPAA shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either a certificate of insurance or a certified copy of the actual insurance policy. The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by the contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of BPAA's insurance shall not be construed as relieving BPAA from any liability or obligation assumed under this agreement or imposed by law. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies. They will also be named as "Loss Payee" with respect to Fire Legal Exposure. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. 14. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, BPAA shall abide by all statutes, ordinances, and rules and regulations pertaining to or regulating the provisions of such services, including those in effect and those hereinafter adopted. Anything in paragraph five (5) to the contrary notwithstanding, any violation of said statutes, ordinances or rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this agreement immediately upon delivery of written notice of termination to BPAA, and the COUNTY may thereupon re-enter the premises. 15. PROFESSIONAL RESPONSIBILITY AND LICENSING. BPAA shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. 16. MODIFICATIONS AND AMENDMENTS. Any and all modifications to this agreement or to any of the services proVided shall require an amendment to this agreement to be approved in writing by both parties hereto. 17. NO ASSIGNMENT. BPAA shall not assign this agreement or sublease the premises except in writing and with the prior written approval of the Board of County Commissioners, which approval shall be subject to such conditions and provisions as the Board 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 for therein, such approval shall in no matter or event be deemed to impose any additional obligation upon the COUNTY. 18. NON-DISCRIMINATION. BPAA shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, or any other characteristic or aspect which is not job-related in its recruiting, hiring, promoting, terminating or any other area affecting employment under this agreement. Additionally, BPAA shall not discriminate against any person on the basis of race, creed, color, national origin, sex or sexual orientation, age, physical handicap, financial status, or any other characteristic or aspect in regard to providing services hereunder. 19. AUTHORIZED SIGNATORY. The signatory for BPAA, below, certifies and warrants that: (a) BPAA's name in this agreement is its full name as designated in its corporate charter, if a corporation, or the full name under which BPAA is authorized to do business in the State of Florida; (b) He or she is empowered to act and contract for BPAA; (c) This agreement shall be approved by the Board of Directors of BPAA, if BPAA is a corporation. 20. NOTICE. Any notice required or permitted under this agreement shall be in writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt requested, to the other party as follows: FOR COUNTY Monroe County Public Works Facilities Maintenance Department 3583 S. Roosevelt Boulevard Key West, FL 33040 FOR BPAA Big Pine Athletic Association Post Office Box 89 Big Pine Key, Florida 33043 21. CONSENT TO JURISDICTION. This agreement shall be construed by and governed under the laws of the State of Florida and venue for any action arising under this agreement shall be in Monroe County, Florida. 22. NON-WAIVER. Any waiver or any breach of covenants herein contained to be kept and performed by BPAA shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any succeeding breach, either of the same condition or covenants or otherwise. By:Jk~C. ~ Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLO~A cSLA -;~ ~ Mayor/Chairman By: BY~~~ BY:}~~ BIG]:: ASSOCIATI~N (y By: fIW~ Title: fye5"~ Witnesses: