12/14/2000 Agreement
119annp lL. itolbage
BRANCH OFFICE
3117 OVERSEAS InGHWA Y
MARATIiON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF 1HE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS InGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-n45
FAX (305) 852-n46
MEMORANDUM
DATE:
December 15, 2000
TO:
Lynda Stuart, Office Manager
Tourist Development Council
A TIN:
Maxine Pacini
Administrative Assistant
Pamela G. Hanco"&
Deputy Clerk U
FROM:
At the December 14,2000, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of the following:
Funding Agreement between Monroe County and the Key West Botanical Garden Society
to contract for and obtain such services as is necessary to construct a-Botanical Garden
Education/Information Center and Butterfly Garden in an amount not to exceed $276,878, DAC
I, Third Penny.
~ Grant of Funds between Monroe County and Barley's Bay Festival, Inc. covering the
production of Barley's Bay Festival on July 27-29,2001 in an amount not to exceed $25,000, FY
2001, Two Penny allocated under the Cultural Umbrella.
Attached are two duplicate originals of the above for your handling. Should you have any
questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
./' File
.
GRANT OF FUNDS
This AGREEMENT dated the J'j-,tJ, day of ~ 2000, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TDC" and the Key West Botanical Garden Society, a Florida not-for-profit
corporation, hereinafter "Key West Botanical Garden Society."
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums
and nature centers which are publicly owned and operated or owned and operated by
not-for profit corporations, and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the
community, to repair and rehabilitate the premises of the property for use as a museum
and nature center open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Key West Botanical Garden Society and the County have entered
into this agreement on the terms and conditions as set forth below.
1. CONTRACT PERIOD. This agreement is for the period October 19, 2000 through
September 30th, 2001. This agreement shall remain in effect for the stated period
unless one party gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7,13 and 14 below.
2. SCOPE OF AGREEMENT. The Key West Botanical Garden Society shall
contract for and obtain such services as is necessary to construct at the Key West
Botanical Garden and Arboretum more particularly described in Exhibit 1, attached
hereto and incorporated herein by reference, a Botanical Garden Education/Information
Center and Butterfly Garden which shall include but not be limited to, a new entry with
an education/information center that has a small exhibit space and handicapped
accessible bathrooms. The entry building's deck shall provide access to an open
courtyard with a stage at one end for programs. The space shall be enhanced by a
water feature and butterfly gardens; includes underground utilities and necessary
infrastructure. The Key West Botanical Garden Society shall insure that the !!'"operty
shall be used as a garden museum and nature center open to the public by !!1t~gg ."
into such restrictive covenants, leases, and other contracts as are necessa~,9! ~e~ l~
this purpose. ;:;~--< ("') CJ
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall prov@e:?€l ~ 6
amount not to exceed $276,878 in reimbursement for materials and servic~.{Ysed ts. ;:;:;,
rehabilitate, repair and renovate the property as a botanical garden, museLtfil'1€d:! ~
nature center. The Board of County Commissioners and the Tourist Devetopment <:? g
Council assume no liability to fund this agreement for an amount in excessof t'his':: ~
award. Payment shall be made through direct payment to vendors or reimbursement to
Key West Botanical Garden Society upon presentation of invoices, canceled checks
and other documentation to support a claim for payment or reimbursement, such
documentation being subject to requirements of the County's Finance office. Key West
Botanical Garden Society shall provide on a weekly basis verified documentation to
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
1
substantiate the extent to which in-kind services have been provided in the execution of
the project. Parties shall use the document entitled "THE RESTORATION OF THE
KEY WEST BOTANICAL GARDENS: PHASE 1," attached hereto as Exhibit 2 and
incorporated herein by reference, as the budget for in-kind services and other matching
funds. Before the County issues checks for any payment request there must be on file
with the County Clerk's office sufficient documentation substantiating that an equivalent
value of in-kind services and cash donations have been provided. At no time shall the
County make payments which cumulatevely exceed the cumulative total amount of in-
kind service valuation and cash donations actually provided by Key West Botanical
Garden Society. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC. Individual line items
or components of the County funding and match resources may be altered within 10%
of the amount stated for that item or component, without altering the total dollar amount
and without requiring a written amendment to this agreement.
4. REPORTS. The Key West Botanical Garden Society shall provide financial
reports in summary of activities related to this agreement on a monthly basis. If the
agreement extends beyond the end of the fiscal year (September 30th, 2001), the Key
West Botanical Garden Society shall provide a report summarizing the total anticipated
expenditures against this agreement on or before September 30, 2001. Said report
shall be provided to the Monroe County Tourist Development Council Administrative
Office no later than August 30th, 2001. The Key West Botanical Garden Society shall
keep such records as are necessary to document the performance of the agreement
and expenses as incurred, and give access to these records at the request of the TDC,
the County, the State of Florida or authorized agents and representatives of said
government bodies. It is the responsibility of the Key West Botanical Garden Society to
maintain appropriate records to insure a proper accounting of all funds and
expenditures. The Key West Botanical Garden Society understands that it shall be
responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the
Board of County Commissioners for Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year grant award
or subsequent grant awards will be offset by the amount of the audit exception. In the
event the grant is not renewed or supplemented in future years, the Key West Botanical
Garden Society will be billed by the County for the amount of the audit exception and
shall promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of
County Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
the Key West Botanical Garden Society is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed as to find the Key West Botanical
Garden Society or any of its employees, contractors, servants or agents to the
employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
2
7. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, the Key West Botanical Garden Society shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this
agreement, including those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this contract immediately upon
delivery of written notice of termination to the Key West Botanical Garden Society.
8. A. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Key West Botanical Garden Society shall include in all contracts
funded under this agreement the following terms:
1) Anti-discrimination. The Key West Botanical Garden Society agrees that they
will not discriminate against any employees or applicants for employment or against
persons for any other benefit or service under this agreement because of their race,
color, religion, sex, national origin, or physical or mental handicap where the handicap
does not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
2) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee and that no employee or officer of
the Key West Botanical Garden Society has any interest financially or otherwise, in
Contractor. For breach or violation of this warranty, the Key West Botanical Garden
Society shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that
funding for this contract is available at least in part through the County and that violation
of this paragraph may result in the County withdrawing funding for the Key West
Botanical Garden project.
3) Hold Harmless/Indemnification. Key West Botanical Garden Society shall
determine extent of coverage and include in contracts that standard design/construction
hold harmless/indemnification provisions that will protect the Key West Botanical
Gardens, the County an the TDC from and against any and all claims, liabilities,
litigation, causes of action, damages, costs, expenses, etc. arising directly or indirectly
from any negligence, errors, omissions or criminal conduct on the art of the Contractor
and any Subcontractors in the performance of the terms of any contracts resulting from
the funding provided by the County and any activities on County property.
4) Insurance. Key West Botanical Garden Society, the Contractor and
Subcontractors shall be required to provide any types of insurance and limits of such
insurance that will further protect the Key West Botanical Gardens, the County and the
TDC from the actions/inaction's of the Contractor and any Subcontractors in the
performance of the terms of any contracts resulting from the funding provided by the
County .
The Key West Botanical Gardens, the County and the TDC shall be named as
additional insureds where appropriate and the Monroe County Risk Management shall
be provided copies of all certificates of insurance upon execution of any contract and
upon renewal of the Contractor's insurance.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
3
5) Authority. Each of the signatories for the firm below certifies and warrants
that the firm's name in the agreement is the full name as designated in its
corporate charter and that they are empowered to act in contract for the Key
West Botanical Garden Society; and that this agreement has been approved
by the Key West Botanical Garden Society Board of Directors.
B. Key West Botanical Garden Society agrees to comply with the County
purchasing ordinance 32-1998 as amended, and policies which require, at a
minimum, that contracts for any goods or services which are expected to exceed
$25,000 be awarded through a competitive bidding process; no contract will be
awarded to any contractor ineligible to contract with the County or State; any
acquisition or contract expected to cost between $5,000 and $25,000 shall
require two or more written price quotes.
9. LICENSING AND PERMITS. The Key West Botanical Garden Society
warrants that it shall have, prior to commencement of work under this Agreement and at
all times during said work, all required licenses and permits whether federal, state,
County or City.
10. HOLD HARMLESSIINDEMNIFICATION. The Key West Botanical Garden
Society hereby agrees to indemnify and hold harmless the BOCCITDC and any of its
officers and employees from and against any and all claims, liabilities, litigation, causes
of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or judgments
arising directly or indirectly under the scope of this agreement.
11. ANTI-DISCRIMINATION. The Key West Botanical Garden Society agrees
that they will not discriminate against any of their employees or applicants for
employment or against persons for any benefit or service because of their race, color,
religion, sex, national origin, or physical or mental handicap where the handicap does
not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
12. ANTI-KICKBACK. The Key West Botanical Garden Society warrants that no
person has been employed or retained to solicit or secure this agreement upon an
agreement or understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the County or TDC has any interest, financially
or otherwise, in Key West Botanical Garden Society, except for general membership in
Key West Botanical Garden Society. For breach or violation of this warranty, the
County shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee.
13. TERMINATION. This agreement shall terminate on September 30,2001,
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to
allow the continuation of this agreement pursuant to the terms specified herein, this
agreement may then be terminated immediately by written notice of termination
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
4
delivered in person or by mail to the Key West Botanical Garden Society. The County
shall not be obligated to pay for any services or goods provided by the Key West
Botanical Garden Society after the Key West Botanical Garden Society has received
written notice of termination. The County may terminate this agreement without cause
upon giving written notice of termination to provider.
14. TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this agreement for any breach of the terms contained herein.
Such termination shall take place immediately upon receipt of written notice of said
termination. Any waiver of any breach of covenants herein contained to be kept and
performed by contractor 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 conditions or of any other conditions. Failure to
provide County with certification of use of matching funds or matching inkind services at
or above the rate of request for reimbursement or payment by County is a breach of
contract, for which the County may terminate this contract upon giving written
notification of termination.
15. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of
the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between the Key West Botanical
Garden Society and the County.
16. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
17. ETHICS CLAUSE: Provider warrants that he/it has not employed retained
or otherwise had act on his/its behalf any former COUNTY office or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision the COUNTY may, at its discretion terminate this contract without liability and
may also, at its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present COUNTY officer or employee.
18. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
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19. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Key West Botanical Garden Society: Dean Carlson
Key West Botanical Garden Society
729 Truman Avenue
Key West, FL 33040
For County: Lynda Stuart
Monroe County Tourist Development Council
P.O. Box 866
Key West, FL 33041
and
Suzanne Hutton, Asst. County Attorney
310 Fleming St.
Key West, FL 33040
dNESS WHEREOF, the parties hereto have caused this agreement to be
~ ay and year first above written.
BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
~Y~ai~ ~~d
-
(SEAL)
ATTEST:
Key West Botanical Garden Society
Secretary
By:()f~
President )
By:
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
6
RESCIl1nctf 00. 91- J 2 2
.... i ,IJ'. ~ ~ .. ',I." ;
..
. .:'.!":.:I:; :,'._'":-_:' ,_ .
A .. REsa..lii-rw, APl'IlfJVIw::..AND :AllIlnUznc, ..
Dm1rIa{ .. OF . J.1TAC.mD.~' HEH:IWoJf OP'''
~B~11E-CIlYOF.~WEST. .
~ AND ~. WEST BOrANICAL GARrEN
OCCI.E:IY. DC.; I'ROVIDINJ AN D~~nVE llArE.
!W; 'mERERRE.B! IT RESa.VED !;Y'-~h-,City,CamU.:ssion of the City
of Key West. Florida that I the attached HemorandUII' of Underlitanding'be!:weri the
. ,
City of Key West. Florida, and the Key We.t Botanical Carden Society, Inc. is
hereby approved,. .ubject to tha contingencies 'stated be!O\{:
1) ,City ahall have tM right to allow County to cOnstruct
arid ~tain fence at 6 feet hei3ht arid parking spaces
u shown on 5/1/91 survey
2) City, .hall ~~ the right to allO\{ County to use
exillting roadway a. shol.a 0" 5/l/91iu%vey with access
to County <:aDpound through proposed 10 feet gates as
'sho\m on survey.
The: City Manager ia hereby authorized to exeCute said Helooranciun on behalf of
,
the City of Key West. and the City Clerk is hereby authorized to attest to his
signature and affix the Seal of the City thereto.
This Resoluticxt .hall go into effect, 1.amedfAtelyupon it" passage and
adoption and authentication by the lignaturu of the preddillg officer and the
Clerk of the Camds"ion.
PU.ed and adopted by the City Camd.sdon at a Ille8t!ng held thU !.!-day
of July . 1991.
~ ~~~
By, BALL~B. HAYOR PRO TEMPORE
STATE or rLORIDA)
COUNTY or 1I0I/ROE)
elfX' or KU fESTJ;
Th1s oopy 1~ n true OOPT ot the
or1clno.l 011 1'Ue in thh Ortloe.
ritne.!!.!! I~f hr.nd "~~.1,":'8R1
tbh ~:ti.r.du7 c,!. . 19.9...L.
, JOSEP!!tH" PM1KEIl
~C:Lc!:IlK
By ~~QJ.,~'
EXHIBIT 1
Page 1 of 9
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HnOWla.tf OF l.taRSIANDOO'
..
~ Hemorandum Of Understandin~ entered into this \3~y of Sept~, 1991,
b4twl1en the 'City of Key West', Florlda, a lIllJniclpal corporation organized and
existing under the lawl of the State of Florlda, (hereinafter, "City") and the
Key West Botanical Garden Society, Inc., a Florida nonprofit corporation
(hareinafter, "Botanical Society").
WI'lllESSETH
\HllEAS. the.City is the owner of a parcel of real property known AI the Key
Wut Botanical Garden and Arboretum (hereinafter, "the prllll1ises") located on
Stock Island, ~y We_,t, Florlda. (See a~tached Exhibit A, Legal Oescrlption
adopted. and incorporated herein by reference); and
\HlU:AS. the City pused and adopted, ~lul;ion 2008 on Jsnuary J, 1961
, est~li.shing the property u a permanent BotBflical Garden and Arborec:unJ. end
~. both the City end the Botanical Society are COImlitted to, the
responsible managBDent of the habitat of the only known 4I.Xtant population of
the federally endangered lpeelel Orthallcu.s rues reses, The Stock Is18l1d Tree
Snail, and both are cOlllllitted to preserviI1g the aesthetic beauty of the r8lr1ant
tropical Iwzmoclc which provides habitat for other threatened and endangered ,
specie.; and
\I:IEREAS. ~~Clty_~,ta..~"~ibA!:fc!r:: all ordig,ary.'~tI f.......~.ln,' I
-~~"""e-~~:;...~.~..._, ........ ................__.. -~11~.._..
9~ _~" PerlDanent .~tanic&l Gardea .and ArborettD punumt to Raolurion
2008: . with any extrlOrd in.uy expenles to be approved by the City Ci::IlIIat..1.i:ln; and
YmlEAS~ the City hu previouely ~....ed the preadsu to the Key West Garden
Club, a Florida cUl'pOratiOn, and laid lease up1res in Septeaber 1991, and
the Botanical Gcrden Cam1f.ttee of the Jeey West Garden Club as8UDed
responsibllity for the pre.servation and lII4inten8l1ce of the premises; and
olIEREAS, the Botanical Garden Ccmnittee of the Key West Garden Club, with the
approval of the Key West Garden Club, formally formed the Key West Botanical
Garden Soclety, Inc. for the sole purpose of expanding its meabership to better
Page 2 of 9
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"=intaU; and p~~serv. the premi3es;
and ,
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if,
WElI,W, .
.. ...
the~ Key West Garden Club' previously entered into ~ MemoranduD of
,;...
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Understanding withTha Nature Cooservancy, delineating res pons ib lUtles for the
"'. . . .:. ":;.:..:_~:,,, ....J ~Io.' I;..~J.. r'c'!;._,~~ :u.: ..... . ~- "_ .:;. ~'.l
management, of tha habltat of the federally,"~ared speeles, Orthallcus reses
. . . '. .,. '. \ ...1'. . i ". ". ~ _ '.' \' I - .
~, The Stock bland Tree Sl1&l1, ,(~811 at':-che~ Exhibit B); and
:"', . '...
\olDEAS, the Botanlcal, Soclety, in~encb ~o, enter lnto a slmilar MemoranduD of
Understanding with 'Ow Nature Ccaaervancy upon,executlon of thh Agreement for
. . . I.'. I'; ..": .', :.' I . \.' I , ~. .
the S8lllll purposes i and
.; J
"
\IDEAS, the Bo,tanical Society hu stated in.it~ By-Laws the following purposes:
, . . -.' .. ". ,". . .
to preserve, dewlop, and maintain the Key W~st ~tanical Gar~ as an arborel:Ull,
.. ~ ~," : . .
botanical garden, and wil~life refuge; and "to, enc~a.ge aducational we of the
. . ~ ~ . ".. .,'... f....: .. ..'~. j-,
Key West Botanical Garden by sc:l1oo1 c:hildren, yout:1\ OrgllnWtiCXl8, college
. . . ( , '.. i:-.. ',.
students, residents of the Florida Keys and vidtorl from other areas wro wish
t~' learn about tropica! vegetation ~ wildl;ife indigllOOUl to the Florida Keys,
~See attached Exhibit C) ;,at;d .. ' ,
i-.
~,.. . the.Botan~.~~~h~~and IIIIlintain the premia," at no
cost to the City for ita services j' ADd .~
. ~ .. I I" .. ..
\IDFAS, ",~.,,~tcal Rntotat)c..1nt.oo.. to dewlop . lcq-rqe ,lan for the'
. .......... .' ., ,. .....f. .; " ~ ..:.", ..:. J i ...
echsncC*1t and be.a1tificat1on of the premiau utiluing ~ \ccowledge of experts
'''j
in the fields of sub-~pical flor~ and fauna; and
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\IDFAS ,
it La in the but interuta of the City, both fLscally and
environDentally, to have the Botanical Society preserve, maint.ain and enhance
the premiaes;
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HJli DDErnlE, the City and the Botanical ~i.ety a~~ 'as' follows:
The Botanical Society agree.:
1. To preserve the premiaes as . sub-tropical botanical garden and native
hardwood haamock, and to operate said pr~.u to provide the necessary care and
Page 3 of 9
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, mainteflllnCe, to develop a long-range plan for the e~c8lD8rlt and beautlfication
'of the garden, "and to encourage the educational use of ..the premises by aU
sectors of the c<XllllJnity.
2. To ancourage .tats and loc:al agencla. to uae the premi3.s .. aO botanical
garden and arboretum as the partin hereto .hall deem aM.able.
J. That the Botanical Society shall not use the premises for any other purpose
unless such purpose b approved by the City COlIIIIisalon or (u to one-time uses
such as fuOOraisers) by the City Hanager.
4. That_~ capital ~rovements to the premises shall be subadtted to the City
.";;_-r.>> ..' .
Hanager for approval prior to cOllJDllIlCement of con.atruction, and the City Kanager
shall ha_ t~ ri&ht to deny approval for '&IIlII, and the Botanical Soclaty .hall
obtain the app,roval of the City Building Department and the City Engineer and
anyneceaaary , permit., prior to the cOllJDllIlCement of construction. Capital
~rovemants shall include provision of utility services to the premises .
5.. That there shall, during the term of thi. HemoranduD, be no mechanics' liens
upon any buildings or ~rovenents which may at any tlms be put upon or be upon
saiq prem1.sea, and that In case of any mechanics' lien., the Botanical Society
ID.lllt payoff the .ame; and that if default In payment thereof shall continue for
thirty (30) days after written notice, the City ahall ha_ the ri,ght and
(-
privilege, at its option, to payoff the UIIllI or any portion of the '4IIllI, and
the amount .0 paid, including expen..., shall, at the option of the City be due
and payable by the Botanical Soclaty with lnterest thereon at the rate of six
(6) percent per arn.m, and In addition the City shall have the. ri,ght to,
imDedLately terminate this HemoranduD of Und.ctrst:anding without the necessity of r
providing any further tl9tice to the Botanical Society.
6. That any permanent iaprowments to the premises shall beccma the exclusive
property of the City at the conclusion of the term of thia HeooranduD of
Under.tanding without the neces.lty of any lnstnment of conveyance.
7. That the Botanical Scr-laty '!U~ ~$', t~ ~tiJ-, ~t!IDl!rjt Practices
developed by the Natun Conserv8ncy for Orthalicus res.. res~, nvi Stock bland
Tree Snall.
, 8. That the Botanical Society ",ill not use or permit any person to use in any
IIlIUUler whatsoever the prearl.9es, nor any iq>rovenents now on or hereafter
constructed or placed on said premises, nor any portion thereof, for any purpose
calculated to inj\lr1l the reputation of the premises or of the nelghboring
property, nor for any purpose or use in violation of federal, .tate, or local
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The City agree.:
1. To provide .ecurity, by routine police patrol, for the premises, at no
greater 1....1 than that c\1rnntly provided and ,ciontingent Upon continued funding
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of the cun-ent.l....l. "I" ,"
2. To provide t1oIO 55-gallon dNU to be Illrviced fol!'pi~ by the City'. .0Ud
wast. contractor'at no co.tto Botanical Society, ~d to waive'landfi~l tipping
~ . .
fees until f~l ~andflll closure only, of tr~. froaa the premises. Said
fee waiver .ball not extend beyond the landfill closure date of the City I .
landflll.
3. Opening and cl~ing of the premtsu .hall be the responsibility of .taff at
Bay~r~ JianOr ;\:Hald&Y t:)u:ough Friday, opening to be :lot 8:00 a.ID., clOlUlg at
. '
5:00 p.lD.
Op<<ling and clo.ing on Sal:\lrd&~ and Sunday. will be the
. re.ponsibility of the Botanical Sociaty.
1ha HemorandD of Under.tanding set. forth all the coveaant., p~es,
agreement., and under.tanding. bet:weea the City and the Botanical Society
concerning the premises. No sub&eqJent alteration, ~t, change, or
addition to thia Hemarandua .hall be binding upal the City or the Botanical
Society unles. redJced to writing and duly executed by both partial.
nu.. lII8IDOl"anciu .hall be effective .. of the 7th day of SepteabeJ;-., 1991
and for fifteen (15) yun thereafter.
1'I'iUHiiDOr'ana,a-uy be t~~lthu.party uparoae-(l) Y~itten
. .,.~....~
~ to the other party at the addr....., .et forth below, and III&)' .<<lao. be
terwrI...~~ by e1thc- p.r.x:ey for~~t4i:'b~~f the CcN.n.nt. and.~ta...
contained herein upal thirty (30) da~' written notice to the c:>tbar party at the
address.. set forth belOlt'.
Page 5 of 9
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ATIEST:
ATIEST :
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Secretary
(SEAL)
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Page 6 of 9
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LEGAL DESCRIPTION
From the intersection of the centerline of U.S. Highway Number One (1) and
the east abutment of the Stock Island Highway Bridge go easterly along the
centerline of U.S. Highway Number One (1) a distance of 300.00 feet to a point;
thence making a deflection angle of 91 degrees 10 minutes with the last described
course a distance of 305.64 feet to a point; thence making a deflection angle
of 32 degrees 40 minutes to the left with the last described course a distance
of 330.00 feet to Traverse Point One; thence making a deflection angle of 13
degrees 13 minutes to the right with the last described course a distance of
300.00 feet to Traverse Point Two; thence making a deflection angle of 8 degrees
49 minutes to the right with the last described course a distance of 265.00 feet
to Traverse Point Three and the Point of Beginning of the parcel of land herein
being described; thence run in a northeasterly dix'ection parallel with the
southerly line of the land held by the Cerebral Palsy Association 200 feet to
a point; thence turn a deflection angle of 79 degrees 30 minutes right and run
thence southerly 210 feet to the northerly line of the Monroe County Hospital
property; thence northeasterly and at right angles, along the northerly line of
said Hospital property 300 feet to a point; thence turn a deflection angles of
31 degrees 15 minutes 10 seconds right and run thence 111.91 feet to the
northeast corner of the said Hospital property; thence turn a deflection angle
of 87 degrees 45 minutes left and run thence northwesterly 435 feet to a point;
thence turn a deflection angle of 29 degrees zero minutes right and run thence
northeasterly 400 feet to a point; thence turn a deflection angle of 12 degrees
15 minutes left and run thence northerly 300 feet to a point; thence turn a
deflection angle of 61 degrees 45 minutes left and run thence northwesterly 50
feet to a point; thence turn a deflection angle of 89 degrees zero minutes left
and run thence southwesterly 585 feet to a point which bears N 20 degrees 8
minutes E from the northeast corner of property described in CR 365 at Page 324
of the Public Records of Monroe County, Florida; thence run 130 feet more or less
to said northeast corner; thence run easterly, along the northerly line of the
property of the Florida Keys Aqueduct Coamission 200 feet to a point; thence run
southerly along the easterly line of said Florida Keys Aqueduct Coamission
property 401.18 feet to the southeast comer of said property; thence run
westerly along the southerly line of said Florida Keys Aqueduct Coamission
property 200.36 feet to the southwest corner of said property; thence turn a
deflection angle of 45 degrees left and run thence southwesterly along the
southerly line of a 30 foot wide easement 372.71 feet to a point on the tangent
line between traverse points 3 and 4; thence run southerly along said tangent
line 106 feet back to the point of beginning, containing 11 acres more or less.
ALSO, a parcel purportedly belonging to the City and lying along the Northeast
boundary of Hospital Road where it intersects with Junior College Road) and
measuring approximately 200.00' x 53.28' x 202.85" x 53.161, and comprising
approximately 10,600.00 square feet, shown as Parcel "A" on a Phillips & Trice
survey dated May 3, 1981.
Excluding those areas of encroachment by Monroe County depicted on a survey dated
5/1/91 titled "Agreement between Monroe County and City of Key West".
Page 7 of 9
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KEY WEST BOTANICAL GARDEN
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THOYAS E. POPE. Pi. ARCBlTECT
810 WhIte stnet. K., yat rL (:lOCl) 285 Sllll
15g20 ColI... Road
K8y ..... J1 53040
Page 8 of 9
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THOIUS 1:. POPE, P.A. .lRCHlTJ:CT
BY WEST BOTANICAL GARDEN
5Q20 CoUe.e Road
Key 11' e.t, J'l
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1110 WhIle Street, ltq yeet no (SOIl) mill seu
Page 9 of 9
D1E RESTORATtPN OF THE KEY WEpT BOTANICAL GARDENS: PHASE I
Conatructlon of '..Itor PaYllllon. co~rtv.rd. and W.ter Feeture
Proiect ActhftY Cost Matching Amount Match DescriDtion
ArchltKtunll . E:I....rlng
Project Manageme t $ 28.800.00 $ 28,800.00 Donation
Legal $ 7,500.00 $ 7,500,00 Donation
Engineering Stud_ S 10,000.00 $ 10.000.00 Donation
Architectural Design & Plans $ 21.700.00 $ 21,700,00 Donation
Subtotal $ 88,000.00 $ 68.000.00
Conatruction of ~rden.
Design and Instal~n:
Landscape Des"n $ 10,000.00 $ 10,000,00 Donation
Soil preparation i $ 2,500.00
Landscape In~llation $ 7,000.00 $ 4,000.00 Donation
Plant material $ 25,000.00 $ 13.000.00 Donation
Irrigation $ 15,000.00 $ 500.00 Cash
Equipment Ren.1 $ 4,500.00
Signage $ 6,000.00
Native Plant Consujtants $ 9,600.00 $ 9,600.00 Donation
Plant information piaques $ 1,725.00 $ 1,725.00 Donation
Specimen Plants $ 7,000.00 $ 7,000.00 Donation
Site Preparation $ 9,400.00 $ 9,400.00 Donation
,
Subtoal $ 97,725.00 $ 55,225.00
CorMltruetlon Df V~1tor Pavilion, Courty-.:l. SUlge, and Water Feature
Construction 8r'ei:Iij:town:
2 prefabric8ted g82iebos a $60,000 $ 120,000.00 $ 16,000.00 Cash
Foundations $ 6,500,00 S 3,200.00 Cash
Gazebo installatio~ $ 25,000.00 $ 12.500.00 Donations & Cash
Carpentry--shell installation. $ 3,000.00 $ 1,500.00 Donations & Cash
Plumbing. rough. $ 3,000,00 $ 1,500.00 Donations & Cash
Electric, rough. : $ 2,000.00 $ 1.000.00 Cash
Cableltelephone, ~gh $ 580.00 $ 290.00 Cash
AlC rough. $ 2,000.00 S 1,000.00 cash
Windows, doors, ~ing. $ 4,000.00 $ 2.000.00 Dandon. & Cash
Gutters. $ 3,000.00 $ 1,500.00 Donations & Cash
Drywall/insulation. S 1.500.00 S 750.00 Donations & Cash
Electric. trim $ 2,000.00 $ 1.000.00 Cash
Plumbing, trim- S 3,000.00 $ 1,500.00 Donations
AlC units. trim. $ 3,000,00 S 1,500.00 DonatiOns & Cash
Carpentry, trim. S 2,000.00 S 1.000.00 Donations
Tile. S 3,000.00 $ 1,500.00 Donation. & Cash
Infrastructure of Buildings $ 4,000,00 $ 2,000,00 Cash
Painting* S 4,000.00 $ 1,000.00 Donations
Entry gates. $ 5,000.00 $ 1.500.00 Cash
Exterior benches : $ 2,000.00 $ 1.000.00 Donations
Courtyard $ 20,000.00 $ 10,000.00 Donations & Cash
Stage S 4,000.00 $ 2,000.00 Donations & Cash
EXHIBIT 2
Page 1 of 2
Foreman S 9.000.00 $ 4.500.00
BUilding Supplies:
Water fountain $ 500.00 $ 250.00 Cash
Cistem $ 5,500.00 $ 2,500.00 Cash
Lumber S 4,000.00 S 2,000.00 Donations
· = includes matfrials
Interior Design : $ 9.500.00 $ 9,500.00 Donation
Security & Support ~ms $ 8,500.00 $ 7,400.00 Cash
Rock Wall & W8ter eature $ 20,500.00 $ 4,000.00 Oonetion
Repair Existing Wa,
Rock $ 2,800.00 $ 2,100.00 Donation
Labor $ 800.00 $ 800.00 Volunteers
Lighting $ 22.000.00 $ 11,000.00 Donation & Cash
Remove Shed & Telephone Po. S 5,000.00 S 5,000.00 Donation
Subtotal $ 310,680.00 S 114,;90.00
Total $ 478,405.00 $ 238.215.00
,..... not Includ~ In origin.' dNft pro~1
Property Boundary $urvey $ 10,000,00 S 10,000,00 Donation
Infrastructure: 88'MIt, electric, water,
cabte, phone from IStreet to site $ 1Q.OOO-$20.000 $ 10.000.00 Donation & Cash
Entry and Safety Signs $ 23,000.00 $ 2,000.00 Donation
Insurance S 3,000,00
Contingency-10% S5tZ,241-$53,405 $26.120- S26,702
Subtotal $98,241 - $99,405 $48,120-$48,702
TofIIl $5741646-$575,810 $286,335+-$286,917
10l3OlOO JEM-1
Page 2 of 2