12th Amendment 02/15/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: March 15, 2023
TO: Suzi Rubio
Senior Project and Budget Manager
Parks and Beaches
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 15th BOCC Meeting
The following item has been executed and added to the record:
C30 12th Amendment to Community Pool Lease Agreement with Upper Keys
Community Pool, Inc., to extend the lease term on a month-to-month basis not to exceed July 13,
2023, for the property known as Jacobs Aquatic Center located at Key Largo Community Park.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
TWELFTH AMENDMENT TO COMMUNITY SWIMMING POOL
LEASE AGREEMENT TO EXTEND LEASE TERM
This Twelfth Amendment to Community Swimming Pool Lease Agreement is made and
entered into this 15th day of February, 2023, between MONROE COUNTY, a political
subdivision of the State of Florida(hereinafter"County"),whose address is 1100 Simonton Street,
Key West, Florida 33040, and the UPPER KEYS COMMUNITY POOL, INC., a not for profit
Florida corporation, whose principal address is 320 Laguna Avenue, Key Largo, Florida 33037,
(hereinafter"UKCP").
WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20)
year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), for the
premises described as Section 33, Township 61 South,Range 39 East,Key Largo,Monroe County,
Florida, located on the edge of the Key Largo Community Park(hereinafter"Property"); and
WHEREAS,UKCP operates the pool facility at 320 Laguna Avenue, Key Largo, Florida
33037, as Jacobs Aquatic Center of Key Largo, after having constructed the swimming pool and
related facilities pursuant to the Original Lease; and
WHEREAS, Monroe County has established a Parks and Beaches Department and the
monitoring of this Original Lease has now been transferred from the Facilities Maintenance
Department to the Parks & Beaches Department; and
WHEREAS,the initial term of the Original Lease was from December 14, 2000, through
December 13, 2020; and
WHEREAS, now that the pool has been fully constructed and operational for numerous
years, the County and the UKCP desired to enter into a new Lease of the Property and the parties
have been in negotiations to finalize the terms of a new Lease,to include,but not limited to,current
laws and regulations,updated insurance requirements,maintenance and repairs,programming, and
other such terms and conditions; and
WHEREAS, on June 15,2022, after having failed to negotiate a new Lease yet,the parties
entered into an Amendment to the Original Lease to extend the term for an additional two(2)year
term commencing retroactive to December 14, 2020, and terminating on December 13, 2022, or
earlier if a new Lease is executed for the Property, or the Lease is terminated pursuant to other
provisions of the Original Lease; and
WHEREAS, the parties hereto agreed to extend the term of the Original Lease, as
amended, with an interim term to commence on December 14, 2022, and terminate on March 13,
2023, or earlier upon the approval of a new Lease by the BOCC; and
1
WHEREAS,in order to avoid a lapse in the lease term,the parties entered into an Eleventh
Amendment to Community Swimming Pool Lease Agreement on December 12, 2022, which was
executed by UKCP and the County Administrator on behalf of Monroe County, and then ratified
and approved by the Board of County Commissioners (BOCC) at its regularly scheduled meeting
on January 18, 2023; and
WHEREAS,the parties hereto desire to offer a new swimming program sponsored by the
Monroe County School Board through the Upper Keys Community Pool,LLC,through June 2023;
and
WHEREAS, to accommodate the swimming program, the parties now desire to again
extend the current term of the Lease Agreement, as amended, on a month-to-month basis, not to
exceed July 13, 2023, pending the advertising of a Request for Proposals (RFP) and award of a
contract, for Operation and Management Services of Jacobs Aquatic Center; and
WHEREAS,the parties agree to enter into this Twelfth Amendment prior to the expiration
of the current extended term set to expire on March 13, 2023; and
WHEREAS, the parties have found the Lease to be mutually beneficial; and
WHEREAS, both parties desire to amend the Lease.
NOW, THEREFORE,IN CONSIDERATION of the mutual covenants and agreements
herein contained, and other valuable considerations, the parties agree as follows:
1. Paragraph 2 of the Original Lease is amended to reflect that the term of the extended
term of the lease has been extended for an additional period with the new term to commence on
March 13, 2023, and continue on a month-to-month basis for a period of time not to exceed July
13, 2023, pending the advertising of an RFP and award of a contract, for Operation and
Management Services of Jacobs Aquatic Center.
2. The County agrees that UKCP shall continue to lease the Property for the additional
term at no annual rental fee.
3. In all other respects,the Original Lease dated December 14, 2000, as amended,not
inconsistent herewith, remains in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
2
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and
year first written above.
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#/, / c '�� :,' 1 .. BOARD OF COUNTY COMMISSIONERS
c3 , 'BEST€: VIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
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UPPER KEYS COMMUNITY POOL, INC.
WITNESSES: A Florida Not for Profit Corporation
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MONROE COUNTY ATTORNEY'S.OFFICE
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PATRICIA FAIL
ASSISTAt T,c1 ATTORNEY
DATE. _ 1_
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DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
0/17/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Lilliam Reyes
NAME:
Regan Insurance Agency PHONEo (305)852-3234 FAX
N Exf: C,No
(305)852-3703
A/C A/
90144 Overseas Hwy. E-MAIL Ireyes@reganinsuranceinc.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Tavernier FL 33070 INSURERA: Admiral Ins Co 03026
INSURED INSURER B: Republic Vanguard Ins Co
Upper Keys Community Pool Inc,DBA:Jacobs Aquatic Center INSURER C:
PO Box 1994
INSURER D
INSURER E:
Key Largo FL 33037 INSURER F:
COVERAGES CERTIFICATE NUMBER: 22-23 GL&Auto REVISION NUMBER:
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000
MED EXP(Any one person) $ Excluded
A Y CA000039699-03 10/03/2022 10/03/2023 PERSONAL&ADV INJURY $ 1,000,000
MOTHER
LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000
JECT: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y CN0555044608 10/07/2022 10/07/2023 BODILY INJURY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED NON-OWNED PROPERTY AUTOS ONLY X AUTOS ONLY (per accident)
c den DAMAGE $
UMBRELLA LIAB Combined single limit $
OCCUR '1 y� EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE �" ,,.,. "' '""""" AGGREGATE $
DED I I RETENTION $ �/J $
WORKERS COMPENSATION ^^^°^^^t"" PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
II ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A '1 - �"'"""' E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?(Mandatory in NH) GL & J T .
J Fn l E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Community Pool
Certificate holder is shown as an additional insured per policy forms,conditions,limitations and exclusions when required by contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box100085
AUTHORIZED REPRESENTATIVE
Duluth GA 30096Q-( *, W7
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
10/26/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Nancy Munoz
NAME:
Brown&Brown of Florida,Inc. a/cNr o Ext: (305)714-4400 a/c,No): (305)714-4401
8825 NW 21 st Terrace E-MAIL Nancy.Munoz@bbrown.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Doral FL 33172 INSURERA: RetailFirst Insurance Company 10700
INSURED
INSURER B
Upper Keys Community Pool,Inc,DBA:Jacobs Aquatic Center INSURER C:
P.O.Box 1994 INSURER D:
INSURER E:
Key Largo FL 33037 INSURER F:
COVERAGES CERTIFICATE NUMBER: 2022 Master REVISION NUMBER:
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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE 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.
INSR TYPE OF INSURANCE POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO TED
CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $
�wwk� qp MED EXP(Any one person) $
, IrRIV"4 III PERSONAL&ADV INJURY $
GEN'LAGGREGATE LIMITAPPLIES PER: I � GENERAL AGGREGATE $
POLICY ❑ PRO- ❑ LOC " '�" PRODUCTS-COMP/OP AGG $
ROTH ER DAT
$
• ^�
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
WAWWk ���„ Ea accident $
ANY AUTO T-T� �O� � BODILY INJURY(Per person) $
W OWNED SCHEDULED BODILY INJURY(Per accide nt) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LAB HCLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION X STATUTE EORH
AND EMPLOYERS'LIABI LI TY Y/N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
AOFFICER/MEMBER EXCLUDED? N/A 0520-40062 10/03/2022 10/03/2023
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Workers Compensation provides coverage for the state of Florida.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
Insurance Compliance
AUTHORIZED REPRESENTATIVE
PO Box 100085-FX
Duluth GA 30096
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
ADDITIONAL COVERAGES
Ref# Description Coverage Code Form No. Edition Date
TERRIOSM COV TEROR
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$34.02
Ref# Description Coverage Code Form No. Edition Date
Expense constant EXCNT
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
$160.00
Ref# Description Coverage Code Form No. Edition Date
WC&Employer's liability WCEL
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Experience Mod Factor 1 EXP01
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
Ref# Description Coverage Code Form No. Edition Date
Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium
rOFADTLCV Copyright 2001,AMS Services,Inc.
Additional Named Insureds
Other Named Insureds
Jacobs Aquatic Center Doing Business As
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC