Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item C18
C.18 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: C.18 Agenda Item Summary #12080 BULK ITEM: Yes DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: Suzanne Rubio (305) 453-9687 N/A AGENDA ITEM WORDING: Approval of a Thirteenth 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 September 30, 2023, to allow for substitute Water Safety Instructors in the unlikely event of an absence of one of the County Water Safety Instructors provided; to allow reimbursements and/or assumption of certain utility and insurance expenses; and allow the County to perform some upkeep, maintenance, and repairs for the property known as Jacobs Aquatic Center located at Key Largo Community Park. ITEM BACKGROUND: Monroe County and Upper Keys Community Pool, Inc. (UKCP) entered into a twenty (20) year Community Swimming Pool Lease Agreement on December 14, 2000 (Lease), with the term to commence on that date and terminate on December 13, 2020. The Lease provided for the UKCP to construct a community swimming pool and related facilities on the edge of the Key Largo Community Park at a location known as 320 Laguna Avenue and then to operate the facilities. On December 12, 2022, an extension to the lease was executed to allow UKCP to continue its operation of Jacobs Aquatic Center while a new lease was negotiated. UKCP has decided they no longer desire to operate Jacobs Aquatic Center and have agreed to continue operations while an RFP for a new operator is advertised, responses reviewed, and an award agreement approved by the County. This Thirteenth Amendment extends the term on a month-to-month basis from July 14, 2023, and not-to-exceed September 30, 2023, allowing UKCP to continue its operation of Jacobs Aquatic Center in this interim period; affords UKCP the ability to provide substitute Water Safety Instructors (WSI) in the event the County-employed WSI is unable to perform their duties during the swim program; provides UKCP funding for certain insurance and utilities costs for Operation and Management Services of Jacobs Aquatic Center incurred on or after June 1, 2023, through the end of the extension term; and allows the County, at its discretion, to provide for upkeep, maintenance, and repairs of the pool and related facilities, including but not limited to the pool liners, to maintain the pool in good working order. Staff seeks approval by the Board of the Thirteenth Amendment which extends the term while a Packet Pg. 738 C.18 Request for Proposals (RFP) is advertised for Operation and Management Services of Jacobs Aquatic Center and a new vendor selected and provides additional funding of$70,500.00 (estimated) to cover insurance and utilities. The BOCC has provided funding to UKCP over the years since August 2012 and currently provides funds in an amount not to exceed $180,000.00 payable up to $15,000.00 per month on a reimbursement basis upon submission of a proper invoice by UKCP. The Thirteenth Amendment provides that UKCP may continue to lease the property with no annual rental fee. The new extended and amended lease will commence on July 14, 2023, and continue on a month-to-month basis, with termination no later than September 30, 2023. The Amendment will also allow the County, at its discretion to provide for any necessary upkeep, maintenance, and repairs of the pool and related facilities in this interim lease period. PREVIOUS RELEVANT BOCC ACTION: On December 14, 2000, BOCC approved a twenty (20) year Lease with Upper Keys Community Pool for construction and operation of a pool at the Key Largo Community Park. On March 22, 2001, July 17, 2002, February 19, 2003, December 17, 2003, and March 17, 2004, the County provided funding for capital costs and utilities via separate contracts. On April 20, 2005, October 19, 2005, October 18, 2006, October 17, 2007, October 15, 2008, October 21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012, the BOCC provided funding for operations via Lease Amendments. On June 15, 2022, the BOCC approved 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. On January 18, 2023, the BOCC ratified and approved an Eleventh Amendment to the Original Lease to extend the term for an additional ninety (90) days, terminating on March 13, 2023. On February 15, 2023, approved the Twelfth Amendment to the Original Lease to extend the term to July 13, 2023, to provide time to complete the Request for Proposals (RFP) process and provide for the swimming program sponsored by the Monroe County School Board through the Upper Keys Community Pool, LLC. CONTRACT/AGREEMENT CHANGES: Lease Extension, utility reimbursement, amend certain insurances requirements,potential reimbursement for water safety instructor expenses, and authorization for County to provide certain maintenance &repairs, STAFF RECOMMENDATION: Staff recommends approval. DOCUMENTATION: Thirteenth Amendment to the Lease Upper Keys Community Pool 12th Amendment Upper Keys Community Pool Packet Pg. 739 C.18 S4_6-15-22 UKCP Amendment and Resolution 174-2022 (extending lease term) 2000-12-14 Agreement 2023 01 COI GL exp 10.3.23 AL GL WC exp 10.7.23 Signed FINANCIAL IMPACT: Effective Date: May 17, 2023 Expiration Date: Not-to-Exceed September 30, 2023 Total Dollar Value of Contract: $180,000.00 per year plus any additional expenses paid pursuant to this Thirteenth Amendment. Total Cost to County: $180,000.00 per year and any estimated additional expenses up to $70,500.00 through September 30, 2023 Current Year Portion: $120,000.00 Budgeted: Yes Source of Funds: Cost center no. 20531 and 20503 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: No Insurance Required: Yes (Current COIs attached) Additional Details: See more information on any estimated additional expenses as set forth in the Thirteenth Amendment. Cost Center 20531 and 20503 07/20/22 147-20531 - JACOB'S AQUATIC CTR UTIL $180,000.00 REVIEWED BY: Nathalia Mellies Archer Completed 04/28/2023 4:09 PM Patricia Eables Completed 04/28/2023 4:42 PM John Allen Completed 04/28/2023 5:14 PM Purchasing Completed 04/28/2023 7:11 PM Budget and Finance Completed 05/01/2023 11:24 AM Risk Management Completed 05/01/2023 11:30 AM Lindsey Ballard Completed 05/02/2023 9:24 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 740 C.18.a 0 U) M THIRTEENTH AMENDMENT TO 1V MUNITY SWIMMING POOL � LEASE AG RE EMENT TO EXTEND LEASE AND ADD ADDITIONAL TERMS This Thirteenth Amendment to Community Swimming Pool Lease Agreement is made and entered into this ➢7th day of May, 2023, between MONROE COUNTY, a political subdivision of the State of Florida(hereinafter"County"), whose address is ➢ 100 Simonton Street, Key West, E 0 Florida 33040, and the UPPER KEYS COMMUNITY POOL, INC., a not for profit Florida U eorporation, whose principal address is 320 Laguna Avenue, Key Largo, Florida 33037, U (hereinafter"UKC P")4 0 WHEREAS on December 14, 2000, the County and 9.. KCP entered into a twenty (20) year Community Swimming Pool Lease Agreement (hereinafter "Original tease"), for the E premises described as Section 33,Township 61 South,Range 39 Last,Key Largo,Monroe County, Florida, located on the edge of the Key Largo Community Park(hereinafter"Property"); and WHEREAS, pJKC P 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 0 related facilities pursuant to the Original Lease; and 0 WHEREAS, Monroe County has established a Parks and Beaches Department and the monitoring of this Original tease has now been transferred from the Facilities Maintenance Department to the Parks & Beaches Department? and ,E WHEREAS,the initial term of the Original tease was from December 14, 2000, through December ➢3, 2020, and E 0 U WHEREAS, now that the pool has been fully constructed and operational for numerous years, the County and the ➢. KCP desired to enter into a new tease of the Property and the parties had been in negotiations to finalize the terms of new tease,to include, but not limited to,current laws and regulations,updated insurance requirements,maintenance and repairs,programming,and other such terms and conditions; and CU WHEREAS,on.➢acne ➢5,2022,after having failed to negotiate a new tease 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 tease is executed for the Property, or the Lease is terminated pursuant to other provisions of the Original [..,ease; and � E 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 UK.CF 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, which extended the term to March 13, 2023, and E p � Packet Pg. 741 C.18.a 0 U) HE AS, in order to accommodate the Monroe County School Board sponsored swimming program,the parties entered into a Twelfth Amendment to Community Swimming Pool Lease Agreement on February 12, 2023, to extend the 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 (R P) and award of a contract, for Operation and Management Services of Jacobs E Aquatic Center-, and U U WHEREAS,on February 15,2023,the Board agreed to increase the Parks and Recreation Department budget to provide Twenty Thousand and 00/1 00 ( 20,000..00) Dollars towards 0 resources for the ]"Monroe County School Board sponsored swimming program which begins May 1, 2023, including staff and equipment for use at the Jacobs Aquatic Center-, and WHEREAS, the County added to its payroll two (2) Red Cross Certified Water Safety Instructors along with three (3) current County employees that are fled Cross Certified Water Safety Instructors to participate in the new swimming program,-- and 0 WEE AS,U C1P currently has lifeguard staff that are pled Cross Certified Wafter Safety CL Instructors and able to serve as substitute Water Safety Instructors in case man unplanned absence CL of one of the County supplied instructors-, and < 0 WHEREAS, reimbursement of regular compensation for the substitute Water Safety Instructor(s) by the County to UKC1P, in the unlikely event a substitute was needed, would be required-, and E 0 WHEREAS, to accommodate for participation of the County and p. KCP in the new U swimming program and for a delay in the advertising of the RFP, the parties now desire to main extend the current term of the Lease Agreement, as amended, on a month-to-month basis, not to exceed September 30, 2023, pending the advertising of a RFP and award of a contract for CL CL Operation and Management Services ofJacobs Aquatic Center°, and U) CU WHEREAS, the UKCIP will continue to provide its operational services at the Key faro � community pool in this interim period, thereby offering otherwise unavailable pool recreational opportunities for the residents of and visitors of the Upper Keys-, and 0 WHEREAS, the additional extensions of the ]Lease Agreement beyond (December 13, 2022, has caused a financial hardships on the UKC>P duce to unanticipated expenses including insurance and utility payments past the initial expected expiration of the lease-, and E WHERE,AS, due to the public purpose served by the I..KC1P, the County desires to assist the UKCIP in paying certain insurance and utility charges until September 30, 2023, or the end of this month-to month lease if earlier terminated-, and E d,» Packet Pg. 742 WHEREAS, pursuant to the Lease Agreement, UUCP currently is responsible for all upkeep, maintenance and repairs of the Property,the pool and the pool-related facilities, including -6 0 but not limited to, structural and mechanical repairs; and 0- WHEREAS, the competition pool located at the Jacobs Aquatic Center is in severe need of replacement of the pool liner and other repairs in order to continue operation of that pool for its E E current daily use and competition swim meets which are held at the facility utilizing the 0 U competition pool and in particular the Orange Bowl Swim Classic held at the pool annually in 0- U January; and 0 WHEREAS, in order to maintain the Jacobs Aquatic Center in good and sufficient C working order and in compliance with any applicable rules, standards, state laws, or regulations, 0 E the County seeks to amend the Lease Agreement to allow the County to provide any necessary repairs,maintenance,and upkeep of the premises,the pool and the pool-related facilities, including E but not limited to, the pool liners, structural, and mechanical repairs, as needed in this interim period while an RFP is issued and a new entity is selected for operation and management of the Jacobs Aquatic Center; and 4- 0 - WHEREAS, it is anticipated that the repairs could require up ra to three (3) months to > 0 complete and UUCP will be unable to provide these required repairs prior to the expiration of its current lease term and are also financially unable to do so; and < WHEREAS,the County desires to have the Jacobs Aquatic Center in good working order -6 0 with the pool liner replaced and any other facility repairs necessary completed prior to establishing anew Lease of the Jacobs Aquatic Center facility with any entity selected in the RF'P process- and WHEREAS,the parties desire to amend the Lease Agreement in order to allow the County E E 0 to also perform any upkeep, maintenance, and repairs as necessary during this interim period in U order to ensure that the pools and accompanying facilities may continue to operate and be available U) for use by residents and visitors to the Key I..,argo area and to have the competition pool open and available for the upcoming Orange Bowl Swim Classic- and CL CL WHEREAS, the parties agree to enter into this Thirteenth Amendment prior to the 0 U) expiration of the current extended term set to expire on July 13, 2023; and CU WHEREAS,the parties have found the Lease to be Mutually beneficial; and 0 WHERE,AS, both parties desire to amend the Lease. NOW,THEREFORE" IN CONSIDERATION of the mutual covenants and agreements E herein contained, and other valuable considerations, the parties agree as follows: E 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 July 14, 2023, and continue on a month-to-month basis for a period of time not to exceed September 30,2023, pending the advertising of an RFP and award of a contract,for Operation and Management Services of Jacobs Aquatic Center. E 3 Packet Pg. 743 2. The County agrees that UKCP shall continue to lease the Property for the additional term at no annual rental fee. 6 0 0- 3. Utility Reimbursement Procedure.. Within ten (10) business days after the UKCP has paid in full the monthly invoice from the FKAA or the FKEC for utility services furnished to the Jacobs Aquatic Center during the prior month, the UKCP shall deliver a copy of the invoice E E 0 together with proof of payment to Suzi Rubio,the Parks and Beaches Department Budget Manager U (Budget Manager), at Rubio-Suzanne@MonroeCounty-fl.gov, for reimbursement by the County. 0- U Upon approval of the reimbursement request,the Budget Manager shall forward it to the Clerk of Court (Clerk) for payment. If either the Budget Manager or Clerk determines that there is a 0 deficiency in the reimbursement request, the request shall be returned to the UKCP together with a written explanation of the deficiencies. Upon submission of a corrected request for E reimbursement satisfactory to the Budget Manager or Clerk, the Clerk shall then pay the UUCP the reimbursement amount requested which shall not exceed Nine Thousand Three Hundred and E 00/100 ($9,300..00) Dollars per month. UKCP agrees and acknowledges that the total amount available for reirribursement for each month for authorized utility services may not exceed Nine 4- Thousand Three Hundred and 00/100 ($9,300.00) Dollars and that UUCP shall be responsible for 0 - payment of utilities in excess of thatm aount, if any. UKC aw ay ay submit requ raests for > 0 reimbursement of FKAA utilities or FKEC utilities incurred on or after June 1, 2023, through CL CL September 30, 2023. < 4. Insurance Payments., Certain insurance policies are set to expire prior to the 6 0 expiration of this Lease, as amended. These policies are as follows: a. Flood - Hartford Fire Insurance Company, Policy No. 9905607408 - Expiring 7/l/2023; E b. Wind - Citizens Property Insurance Corp., Policy No. 00022688 - Expiring 6/30/2023- E 0 U c. Commercial Fire - Great American Insurance Co of NY, Policy No. MAC 4292582 07 U) 00 - Expiring 5/31/2023 If the County is able to provide insurance coverage for the Monroe County owned Jacobs Aquatic CL CL Center facility under its current policies for Flood, Wind, and Commercial Fire, it shall provide 0 U) such insurance coverage at County expense, until the expiration of the lease or September 30, CU 2023, whichever occurs first. In that event, UKCP will not be required to renew the herein listed insurance policies. If the County is unable, however,to obtain the insurance coverage for the three policies➢listed➢herein, UKCP will be required to continue its coverage for the Jacobs Aquatic Center 0 and the parties can then negotiate any additional reimbursements as necessary. UKCP shall be required to maintain any additional insurances that are required by the current Lease until E September 30, 2023, or any earlier termination date. E 5. In the unlikely event that one or more of the County employed Certified Water Safety Instructors is unable to perform their duties during the course of the swimming program, UKCP has agreed to provide substitute Certified Water Safety Instructors from their current employees. The County agrees to reimburse UK.CP at a rate of Twenty-five and 00/100 ($25.00) Dollars per hour only for the hours a substitute instructor is required during the swimming program 4i E 4ca Packet Pg. 744 C.18.a 0 U) for the time period of May p" through p 2e�", 2023. UK.CP shape provide to the Budget Manager a � copy of the payroll for the substitute Water Safety Instructor within five (5) days of the end of the scheduled swimming program. Reimbursement shall be made to I. KCP and not to the employee. Any such substituted Certified Water Safety Instructors provided by UKCP shall at all times and for all purposes be an independent contractor and/or ICI{.CP employee and not an employee of the Board of County Commissioners of Monroe County. E 0 U 6. Paragraph h 4 of the Community Swimming Pool Lease Agreement,ent, as amended, t, shall be amended to add the following sentence as the past sentences of Paragraph h 4: The County may, at its sawn discretion, also provide for upkeep, maintenance and repairs0 of the premises,the pool and pool--related facilities, including but not limited to pool liners, structural and mechanical repairs and other,such related repairs, as necessary when UUCP is unable to der so daring the extended period of its Lease term and makes a request in writing to the County for such assistance. The County may provide this repair assistance to assure the premises at Jacobs Aquatic Center remains in good working carder and available for public use prior to the expiration of UKCP's current leased term. 7. Paragraph h 7a) of the Community Swimming Pool Lease Agreement, as amended, shall be amended to add the following sentence as the past sentence of Paragraph h 7a) and thereby deleting the sentence within Exhibit D can page 8 prior to the Vehicle Liability insurance page. = The new sentenced shall read as follows: 0 Individual insurances items in this Exhibit I;D may be deleted or amended by the County's Risk tanager if rendered unnecessary or redundant by insurance obtained by UKC1P contractor(s), or srebcontractor(s), or the County. 8. In all other respects, the Original Lease dated December 14, 2000, as amended, not t0 inconsistent herewith, remains in full force and effect. ! ! U) CU [REMAINDER OF PACE INTENTIONALLY LEFT BLANK] [SIGNATURE DACE T F' LL �' E E E Packet Pg. 745 C.18.a 0 U) IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,the day and � year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTES`I", KEVIN MADOK, CLERK. OF MONROE COUNTY, FLORIDA U U 0 BY: B As Deputy Clerk Mayor E cn T- t..1P ER. KEYS COMMUNE ry POOL, INC. 0 WITNESSES: A Florida Not for Profit Corporation 0 CLCL e BY: — w 0 Print a e-- � �V a. ���� f � � PrintName: I � �tCL w �. E Print 1ar ne: . 0 U) CL CL U) �a d0� E 'T /➢ ATTORNEY W � E Packet Pg. 746 GVS COURTq° o: A Kevin Madok, CPA - �o ........� � Clerk of the Circuit Court& Comptroller Monroe County, Florida �R°E coo p� W pEpp pW W DATE: March 15, 2023 a� U) TO: Suzi Rubio Senior Project and Budget Manager Parks and Beaches 0 FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15th BOCC Meeting 0 0- The following item has been executed and added to the record: 0 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, 0 E 2023, for the property known as Jacobs Aquatic Center located at Key Largo Community Park. a� E Should you have any questions please feel free to contact me at(305) 292-3550. 4- 0 0 0 ,E E E 0 U U) E cc: County Attorney Finance E File N V- E c� 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 Packet Pg. 747 C.18.b 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, 0 (hereinafter"UKCP"). ,E WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20) E E year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), for the 0 premises described as Section 33, Township 61 South,Range 39 East,Key Largo,Monroe County, 0- Florida, located on the edge of the Key Largo Community Park(hereinafter"Property"); and 0 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 E related facilities pursuant to the Original Lease; and E 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 4- Department to the Parks & Beaches Department; and 0 0 WHEREAS,the initial term of the Original Lease was from December 14, 2000, through December 13, 2020; and 0 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 0 other such terms and conditions; and U) 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 E provisions of the Original Lease; and a� E 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 a� E c� 1 Packet Pg. 748 C.18.b WHEREAS,in order to avoid a lapse in the lease term,the parties entered into an Eleventh 0 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 U) 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; 0 and WHEREAS, to accommodate the swimming program, the parties now desire to again E extend the current term of the Lease Agreement, as amended, on a month-to-month basis, not to 0 U exceed July 13, 2023, pending the advertising of a Request for Proposals (RFP) and award of a t- contract, for Operation and Management Services of Jacobs Aquatic Center; and 0 WHEREAS,the parties agree to enter into this Twelfth Amendment prior to the expiration a of the current extended term set to expire on March 13, 2023; and E WHEREAS, the parties have found the Lease to be mutually beneficial; and E WHEREAS, both parties desire to amend the Lease. 4- NOW, THEREFORE,IN CONSIDERATION of the mutual covenants and agreements 0 herein contained, and other valuable considerations, the parties agree as follows: 0 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 0 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. E 2. The County agrees that UKCP shall continue to lease the Property for the additional U term at no annual rental fee. a� 3. In all other respects,the Original Lease dated December 14, 2000, as amended,not inconsistent herewith, remains in full force and effect. CL E [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] E [SIGNATURE PAGE TO FOLLOW] cN V- E c� 2 Packet Pg. 749 C.18.b 0 IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first written above. BOARD OF COUNTY COMMISSIONERS V, _ ��t AIESEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA zT '� 5 ..B..Ys BY: As D&buty Clerk a r E U CL 0 UPPER KEYS COMMUNITY POOL, INC. WITNESSES: A Florida Not for Profit Corporation BY:A . 0.�,C% Print Name: r u lw v) Print Name: /�'T S z t ti �! ✓''� Title: `2'� '�- v" CL �' CL Print Name: 0 CL nE E 0 n U ' ? U) CL W E 'PA1R.ICIAEABLES . AS91STPdNF p��023�y ATTORNEYCN DATE: ., 1/�1 E c� 3 ° Packet Pg. 750 DATE(IC.18.b 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 O 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 PHO NEo (305)852-3234 A/A/ FAX (305)852-3703 N Exf: C,No): 90144 Overseas Hwy. E-MAIL ADDRESS: Ireyes@reganinsuranceinc.com U) INSURER(S)AFFORDING COVERAGE NAIC# Tavernier FL 33070 INSURERA: Admiral Ins Co 03026 INSURED INSURER B: Republic Vanguard Ins Co O CL Upper Keys Community Pool Inc,DBA:Jacobs Aquatic Center INSURER C: PO Box 1994 INSURER D: INSURER E: Key Largo FL 33037 INSURER F: 22-23 GL&Auto O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CL INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS U 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 AUULbUBK POLICY EFF POLICY EXP O LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 100'000 MED EXP(Any one person) $ Excluded A Y CA000039699-03 10/03/2022 10/03/2023 1,000,000 PERSONAL&ADV INJURY $ MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑jE� ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 : $ 4— AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 O Ea accident ANYAUTO BODILY INJURY(Per person) $ > B OWNED SCHEDULED Y CN0555044608 10/07/2022 10/07/2023 BODILY INJURY(Per accide nt) $ LM AUTOS ONLY AUTOS CL X HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident CL d�' T Combined single limit $ U MBRELLA LIAB OCCUR '1 y EACH OCCURRENCE $ 0 EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION $ � r $ aF+ WORKERS COMPENSATION ^^^°^^^t"" PER OTH- ER AND EMPLOYERS'LIABILITY Y/N q ANY PROPRIETOR/PARTNER/EXECUTIVE N/A II �'"" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? T E] G L & J T . J Fn l E.L.DISEASE-EA EMPLOYEE $ 0 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ U) 0) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CL CL Community Pool Certificate holder is shown as an additional insured per policy forms,conditions,limitations and exclusions when required by contract E E CERTIFICATE HOLDER CANCELLATION T_ 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 30096 �J , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 751 DATE(1 C.18.b 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 O 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). 0) 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 ADDRESS: Nancy.Munoz bbrown.com INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: RetailFirst Insurance Company 10700 INSURED O INSURER BCL 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: 2022 Master O COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CL INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS U 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY 9= 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'L AGGREGATE LIMIT APPLIES PER: I � .. GENERAL AGGREGATE $ F1POLICY ❑ PRO- POLICY ❑ LOC "^^'�" PRODUCTS-COMP/OP AGG $ yv+j OTHER: ,I ^� �._.—,.��,.� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT O WA, ,,, Ea accident $ ANYAUTO BODILY INJURY(Per person) $ WC on 0 OWNED SCHEDULED BODILY INJURY(Per accident) $ L_ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ CL AUTOS ONLY AUTOS ONLY Per accident CL UMBRELLA LIAB OCCUR EACH OCCURRENCE $ O EXCESS LAB O HCLAIMS-MADE AGGREGATE $ CL DED RETENTION $ $ WORKERS COMPENSATION SPER TATUTE EORH n� AND EMPLOYERS'LIABILITY Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A 0520-40062 10/03/2022 10/03/2023 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under O DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 U U) 0) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CL CL Workers Compensation provides coverage for the state of Florida. E E CERTIFICATE HOLDER CANCELLATION CN T_ 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 Packet Pg. 752 C.18.b ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date TERRIOSM COV TEROR C Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $34.02 E Ref# Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium U) $160.00 Ref# Description Coverage Code Form No. Edition Date 0 CL WC&Employer's liability WCEL Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium E E Ref# Description Coverage Code Form No. Edition Date C t,3 Experience Mod Factor 1 EXP01 U Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium C Ref# Description Coverage Code Form No. Edition Date E Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium q�p E Ref# Description Coverage Code Form No. Edition Date 4- 0 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium C CL CL Ref# Description Coverage Code Form No. Edition Date 0 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium C CL Ref# Description Coverage Code Form No. Edition Date E C Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium U t) Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium E Ref# Description Coverage Code Form No. Edition Date E Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium N Ref# Description Coverage Code Form No. Edition Date U Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium rOFADTLCV Copyright 2001,AMS Services,Inc. Packet Pg. 753 C.18.b Additional Named Insureds Other Named Insureds Jacobs Aquatic Center Doing Business As E G9 U) O CL E E O U CL O E E M T- 4- O O CL CL O CL E E O U U) CL CL E E CN T- E U OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Packet Pg. 754 G GV�S COURTS COy C.��.C Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN .. p q W 0 DATE: June 27, 2022 TO: John Allen, Director Parks & Beaches E E Tofu Henry M Manager Naoini Pa gidas 0 Executive Assistant C, C, FROM: Liz Yongue, Deputy Clerk SUBJECT: June 15th BOCC Meeting U) Attached is an electronic copy of the following itein for your handling: S4 Resolution 174-2022, and the accompanying loth Arnendrnent to the Community is Swimmning Pool Lease Agreement with Upper Keys Community Pool, Inc., to extend the lease term for two years for the property located at Key Largo Community Park. CN cN Should you have any questions please feel free to contact me at(305) 292-3550. 0 E E cc: County Attorney t3 Finance File CN cN LO i E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 755 EXHIBIT "A" C.18.c AMENDMENT TO COMMUNITY SWIMMING POOL LEASE AGREEMENT TO EXTEND LEASE TERM U This Amendment to Community Swimming Pool Lease Agreement is made and entered into this 15m day of June, 2022, 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) 4- 0 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, 0 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 a� related facilities pursuant to the Original Lease; and a� WHEREAS, said Original Lease set forth numerous requirements which included maintenance, repairs, daily hours open to the general public, presence of trained lifeguards, and a percentage of revenue to be set aside for pool operations, upkeep, maintenance and repairs; and c� c� WHEREAS, said Original Lease provided that the County may, but is not obligated to, appropriate revenue from any lawfully available source for construction, repair, maintenance and V- operations; and WHEREAS, the County has provided funding for capital costs and utilities via separate U) contracts dated March 22, 2001, July 17, 2002,February 19, 2003,December 17, 2003, and March 17, 2004; and WHEREAS,the County has provided funding for operations via Lease Amendments dated April 20 2005 October 19 2005 October 18 2006 October 17 2007 October 15 2008 October 21, 2009, October 20, 2010, October 19, 2011, and August 15, 2012; and d WHEREAS,the last Lease Amendment dated August 15, 2012, provided that the County would provide funding continuing indefinitely, subject to the termination provisions of Section 10 N of the Original Lease,in an amount not to exceed$180,000.00 payable up to$15,000.00 per month LO V- on a reimbursement basis upon submission of a proper invoice by UKCP, and the County hasi continued to provide such annual funding; and WHEREAS, in an Amendment to Agreement dated April 20, 2005, Paragraph 1 of the E Original Lease was amended by deleting, as of the County fiscal year ending September 30, 2005, 1 Packet Pg. 756 C.18.c the last sentence requiring a $10 annual rental payment, and the County has thus not required an annual rental payment since that date; and U WHEREAS,UKCP has submitted an application to the Tourist Development Council for additional funding to provide continued repairs and other amenities at the pool facility and it must have a current lease; and WHEREAS, Monroe County has established a Parks and Beaches Department and the monitoring of this Original Lease will now be transferred from the Facilities Maintenance Department to the Parks & Beaches Department; and 4- 0 WHEREAS, the County and the UKCP desire to enter into a new Lease of the Property now that the pool has been fully constructed and the parties are 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 a� WHEREAS, the parties desire in the interim to extend the term of the Original Lease, as amended, 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 x WHEREAS, Section 125.38, Florida Statutes, authorizes not for profit organizations N organized for the purposes of promoting community interest and welfare who desire the use of real N property owned by the Court or its board of county commissioners that is not needed for other V- County purposes, to apply to the board of county commissioners to lease such property; and WHEREAS, if the Board is satisfied the desired property is required for such use and is U) not needed for other purposes, the County may by a duly adopted resolution of the Board, lease the property to the not for profit organization at a fixed price, whether nominal or otherwise, regardless of the property, with no advertisement required; and a� WHEREAS, UKCP seeks to continue its current use of the property and extend the term until December 13, 2022, or until a new Lease is entered into between the parties. E NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: LO c� 1. Paragraph 2 of the Original Lease is amended to reflect that the term of the initial twenty (20) year lease has been extended for an additional two (2) years with the additional terms to commence at the expiration of the initial term retroactive to December 14, 2020, and terminate on December 13, 2022, unless earlier terminated by a new lease or other provisions of the Original Lease. E� c� 2 Packet Pg. 757 C.18.c 2. The County agrees that UKCP shall continue to lease the Property for the additional U two(2)year term at no annual rental fee. 0 3. In all other respects,the Original Lease dated December 14,2000,as amended,not inconsistent herewith,remains in full force and effect. IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and first written above. �3 ;. c BOARD OF COUNTY COMMISSIONERS > f KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA •f4 4�! ww ti4 h � oei CuuNY BY: �C/ � BY: s eputy d9rk Mayor/Chairperson x UPPER KEYS COMMUNITY POOL, INC. CN WITNESSES: A Florida Not for Profit Corporation BY• f _// Print Name: %$aj17L .bj_9 S0A7 Print Name: ✓i9M 00 1 C- i N % Title: r Print Name: E U N c?C CN r— c= MONROOE COUNW ATfORNEVT''SS OFFICE. LO 1 - PANRICIA EASLES, ASSISTANT COl7NTY'ATTORNV . DATE: 6/7/ 022 E c� 3 Packet Pg. 758 C.18.c RESOLUTION NO. 174 -2022 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, c APPROVING A TWO (2) YEAR EXTENSION OF THE LEASE AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA AND THE UPPER KEYS COMMUNITY POOL,INC. ("UKCP"),A NOT FOR PROFIT ORGANIZATION, TO EXTEND ITS LEASE TERM OF COUNTY-OWNED LAND,LOCATED AT 320 LAGUNA AVENUE, KEY LARGO, FLORIDA, TO PROVIDE A COMMUNITY ,4° SWIMMING POOL AND RELATED FACILITIES FOR THE c LOCAL COMMUNITY AT THE KEY LARGO COMMUNITY PARK; AND PROVIDING AN EFFECTIVE DATE. E WHEREAS, Section 125.38,Florida Statutes,authorizes not for profit organizations organized for the purposes of promoting community interest and welfare who desire the use of real property owned by the County or its board of county commissioners that is not needed for other County purposes,to apply to the board of county commissioners to lease such property; and WHEREAS,if the Board is satisfied the desired property is required for such use and is not needed for other purposes,the County may,by a duly adopted resolution of the Board,lease the property to the not is for profit organization at a fixed price,whether nominal or otherwise,regardless of the value of the property, cN with no advertisement required; and `N cN WHEREAS, pursuant to the Fla. Stat., Sec. 125.38, the adopted resolution must recite the fact that an application has been made, the purpose for which the leased property is to be used, the rent and terms of the lease; and 0 U) WHEREAS, in March 1997, the Upper Keys Community Pool, Inc., was officially incorporated as a Florida not for profit organization to build a community swimming pool and related facilities in Key Largo, Florida; and WHEREAS, the County owned 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, known as 320 Laguna Avenue, Key Largo, Florida 33037 ("Property"), which < was selected for the location of the community pool and related facilities; and 0- U WHEREAS, the County and UKCP entered into a Community Swimming Pool Lease N Agreement dated December 14, 2000, ("Original Lease") for a twenty (20) year initial lease term I commencing on December 14, 2000, and terminating on December 13, 2020, at an annual rental fee of$10.00, and the UKCP has been operating under that Original Lease since December 14, E 2000; and en WHEREAS, on April 20, 2005, the County approved an Amendment to Agreement which E deleted the annual $10.00 rental payment as of the County fiscal year ending September 30, 2005; and d 1 Packet Pg. 759 C.18.c WHEREAS, the UKCP, as a not for profit organization, has access and is able to receive grants from available programs, including the Monroe County Tourist Development Council, to U assist the organization in providing funds for pool operations, repairs, maintenance, upkeep, and other pool amenities; and 0 WHEREAS, the UKCP desires to continue its lease of the Property for its delivery of services and programming at the community pool and related facilities so it may continue to provide a safe recreational environment for the residents and visitors of the Upper Keys E community and to apply for appropriate grant funding to assist in continued maintenance and repairs and in providing its services, programming, and other amenities; and 4- 0 WHEREAS,the County and UKCP desire to extend the lease term for an additional two (2) year term commencing retroactive to the termination of the initial lease term on December 14, 0 2020, and terminating on December 13, 2022, at no annual cost to UKCP; and WHEREAS, the Property located at 320 Laguna Avenue, Key Largo, Florida, is owned by the County and is not needed for other County purposes at this time; and a� WHEREAS,it is the desire of the Board to continue its lease of the County-owned Property located at 320 Laguna Avenue,Key Largo,Florida, which is not currently needed for other County purposes, to UKCP to provide the community swimming pool and other related facilities in order to deliver its services and programming and provide a safe recreational environment for the Upper Keys community; and c� c� WHEREAS, the Amendment to Community Swimming Pool Lease Agreement to Extend Lease Term, attached hereto and made a part of this Resolution as "Exhibit A", extends the lease of the Property located at 320 Laguna Avenue, Key Largo, Florida, to UKCP for an additional period of two (2) years at the rate of No Dollars ($0.00) annually, commencing retroactive to December 14, 2020, and terminating on December 13, 2022, unless earlier terminated. a� NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The Board hereby adopts the foregoing as findings of fact. Section 2. The Board approves the Amendment to Community Pool Lease Agreement to Extend Lease Term between the Board of County Commissioners of Monroe County, Florida and the Upper Keys Community Pool, Inc., attached hereto and made a part of this Resolution as"Exhibit A",to provide an additional two(2)year term to the initial lease term with the term to commence retroactive to December 14, 2020, and terminate on LO December 13, 2022, at no annual rental fee, allowing the not for profit organization to continue to provide services and programming at the community pool and related facilities for the citizens of Monroe County and visitors to the Key Largo community. Section 3. The Board hereby directs the Clerk to transmit a certified copy of this Resolution to James Boilini, President, Upper Keys Community Pool, Inc., 320 Laguna Avenue, Key Largo, Florida 33037. 2 Packet Pg. 760 C.18.c U Section 4. This resolution shall become effective upon adoption. 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15" day of June, 2022. Mayor David Rice Yes Mayor Pro Tem Craig Cates Yes Commissioner Michelle Coldiron Yes Commissioner James K. Scholl Yes c 1 23 > Commissioner Holly Merrill Raschein Yes c CL CL BOARD OF COUNTY COMMISSIONERS a� A ST: KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA By: By: a As Deputy Cle k Mayor David Rice c� c� T- MCENROE CO?Nr`AT 66 NE1f S 4FFiC T ;� PATRiC111 EAGLE$ _. � ;- DJ ;SaSiA 6/7/.2022AT-. lEY Ij r- CL U CN CN a LO a ass E 3 Packet Pg. 761 C.18.d b pOUNTyC r 4J<<�JVN,GUIp`��G9� i • o~gaF COUgT'I•fy� �Dannp X. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 5W WHrMHEAD STREET PLANTATION KEY,FLORIDA 33070 TEL(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145 FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146 FAX(305)295-3660 E MEMORANDUM DATE: February 8, 2001 TO: Commissioner Murray Nelson District V FROM: Pamela G. Hanco Deputy Clerk 0 U U At the December 14, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Community Swimming Pool Lease Agreement between 0 Monroe County and Upper Keys Community Pool, Inc. Enclosed please find a copy of the above mentioned for your handling. Should you have any questions please feel free to contact our office. E Cc: County Administrator w/o document 0 Risk Management-W. Robertson County Attorney Finance File✓ `� E N E c� Packet Pg. 762 C.18.d COMMUNITY SWIMMING POOL LEASE AGREEMENT U) th This Agreement is made and entered into on this the y'of Cem 2000, by MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College 0 Road, Stock Island, Key West, FL 33040, hereafter County, and the UPPER KEYS COMMUNITY POOL, INC., a not-for-profit corporation, whose address is 89 North Bay Harbor Drive, Key Largo, FL 33037, hereafter UKCP. U) M WHEREAS, UKCP has received a generous donation for the construction and operation of a community swimming pool and related facilities at the Key Largo Community Park, hereafter 0 KLCP; and E WHEREAS, the County is desirous of leasing a portion of the KLCP for use as a community E U swimming pool and related facilities; now, therefore c- IN CONSIDERATION of the following mutual promises and covenants, the parties agree as 0 follows: E 1. The County hereby leases to UKCP a parcel of land located at KLCP depicted on E Exhibit A (hereafter, the premises). Exhibit A is attached to, and incorporated in, this lease. M The rental payment is $10.00 per year due on the anniversary date of this lease. 0 2. The term of this lease is 20 years commencing on the date first written above. 3CL Upon the termination of this lease, either pursuant to this paragraph or as provigd Wse&rOn CL �C-,. v r' of-- rn rn this lease, UKCP must peacefully surrender and abandon the premises to the CoLfmtvt c-2 o o c-). _ co 'T1 3. a) Within 36 months from the date first written above, UKCP n �-causse tcc%e constructed upon the premises the swimming pool and related facilities as gen a l.i�de;M te6non to rn Cff cN Exhibit B. UKCP may utilize the services of such architects, engineers, contractors and-trupo&rs whom UKCP determines to be most suitable. The final location and design of the swimming pool N and related facilities are subject to the approval of the County Engineer, but such approval is not E intended to waive the responsibility and duty of the architect(s) and engineer(s) employed by UKCP to furnish a professionally engineered and designed high quality work product. Packet Pg. 763 C.18.d b) During the process of construction of the swimming pool and related facilities, and thereafter, UKCP must not allow, suffer or permit any lien or encumbrance, however denominated, to be filed against the premises or any part or portion of the swimming pool or related facilities. If such a lien or encumbrance is filed, then UKCP shall immediately cause the cancellation and removal of such lien or encumbrance. Further, during the process of 0 constructing the swimming pool and related facilities and until (a) the certificate of occupancy is issued, (b) requests for final payment have been received from all contractors in privity with UKCP showing that all their subcontractors and materialmen have been paid, and (c) a certificate of satisfaction and final payment has been received from each contractor in privity with UKCP, UKCP must keep in full force and effect construction and performance bonds in the amount of the 0 final construction price. c) When a certificate of occupancy is issued for the swimming pool and related E 0 facilities, then title to, and ownership of, those improvements automatically vests in the County. c- U 4. Notwithstanding subparagraph 3(c), once a certificate of occupancy has been 0 issued for the swimming pool and related facilities, UKCP must thereafter continuously maintain the pool, and its water quality, in accordance with all applicable state laws and administrative E regulations. The UKCP must also operate the pool and related facilities in accordance with all E applicable state laws and administrative regulations. All permits (state or local government) 4- 0 necessary for the operation of the pool shall be applied for by, and shall be in the name of, UKCP. 0 If a fine or penalty is imposed by any state or local government agency having jurisdiction over CL CL public swimming pools due to the failure of UKCP to keep and maintain the pool in conformity with state law or administrative rules, then UKCP shall be solely responsible for the payment of that fine or penalty. UKCP shall also be responsible for all other upkeep, maintenance and repairs of the premises, the pool and the pool-related facilities, including but not limited to, structural and mechanical repairs. N 5. a) Once the swimming pool and related facilities are complete and a certificate of E occupancy issued, then UKCP must keep open the pool and facilities daily for use by the general public with trained life guard(s) on duty at all times that the pool is open. UKCP may also 2 Packet Pg. 764 C.18.d conduct, instructional and recreational programs, but when such programs are not being conducted, the pool and facilities must be open to the general public. UKCP is authorized to charge admission fees to members of the general public desiring to use the pool and facilities and U) to charge fees for all instructional or recreational programs; provided, however, that fees be charged for admittance or for any instructional or recreational program, must not be 0 differentiated based on any of the criteria set forth in (b)(1) below, nor on membership in any organization. b) In making the swimming pool and related facilities available to the general public and for instructional and recreational programs, UKCP must: 1) Not cause, suffer or permit any individual to be discriminated against on the basis of race, religion, national origin, gender, or sexual orientation; 2) Not cause, , suffer or permit any individual to be discriminated against in violation of the Americans With Disabilities Act (42 USCA 12101, et seq.). E 0 c) All revenues generated at premises, less a reasonable reserve for administrative U U overhead (not to exceed 5% of gross revenues), must be deposited by UKCP in a separate 0 dedicated pool account for the operation, upkeep, maintenance and repairs of the premises, swimming pool and related facilities. d) All UKCP financial records pertaining to the premises, the swimming pool and related facilities must be kept according to generally accepted accounting principles and made 4- 0 available to auditors employed by the County or the state during regular business hours (Monday ra 0 through Friday, 8:30 AM to 5 PM, holidays excepted). UKCP also acknowledges that all records CL CL pertaining to the premises, swimming pool and related facilities are public records under Chapter 119, F.S., and must be made available for examination and copying by any member of the public who so requests, in accordance with the provisions of Chapter 119, F.S. e) The Board of County Commissioners (BOCC) may, but is not obligated to, CN appropriate revenue from any lawfully available source for the construction, upkeep, Q maintenance, repair or operation of the swimming pool and related facilities, when so requested by UKCP. 3 Packet Pg. 765 C.18.d 6. UKCP acknowledges that the premises were purchased with funds received from the Florida Communities Trust (FCT). As a result, use of the premises is subject to the provisions of the restrictive covenants attached as Exhibit C. Exhibit C is attached to, and incorporated into, this lease. Should the FCT determine that any portion of the lease is in conflict with any term or condition of Exhibit C, or is in conflict with any relevant provision of federal or state law or 0 administrative rule, then that determination will supersede any contrary provision of this lease to the extent of the conflict. E 7. a) Before opening the swimming pool and related facilities to the public, UKCP must obtain the insurance as set forth in Exhibit D. Exhibit D is attached and made a part of this lease. 0 0 b) UKCP must keep in full force and effect the insurance described in Exhibit D during the term of this lease. If the insurance policies originally purchased which meet the requirements E E 0 of Exhibit D are canceled, terminated or reduced in coverage, then UKCP must immediately c- U substitute complying policies so that no gap in coverage occurs. 0 c) The insurance required of UKCP in this paragraph is for the protection of the E Count y, its property and employees, and the general public. The insurance requirement is not, � however, for the protection of any specific member of the general public who might be injured E because of an act or omission of UKCP, its employees, agents or contractors. The insurance 4- 0 requirements of this paragraph are not intended to make any specific injured member of the ra 0 general public a third party beneficiary under this lease. No failure by the County to enforce this paragraph shall constitute a breach of any duty or obligation owed to any specific member of the general public, nor shall it subject the County to liability to a specific member of the general public or his/her dependents, estate or heirs. V- 1 8. UKCP is liable for and must fully defend, release, discharge, indemnify and hold harmless the County, the members of the County Commission, County officers and employees, and County agents and contractors, from and against any and all claims, demands, causes of E action, losses, costs and expenses of whatever type including without limitation investigation and witness costs and attorneys' fees and costs, that arise out of or are attributable to UKCP's actions 4 Packet Pg. 766 C.18.d and operation undertaken pursuant to this lease; excluding, however, any claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are solely the result of negligence of the County. UKCP's purchase of the insurance required in paragraph 7 and Exhibit D does not release or vitiate its obligations under this paragraph. 9. a) Subject to subparagraph 9(b), UKCP may contractually provide for the performance 0 of specific duties and obligations under this lease by persons who, in UKCP's judgment, are professionally qualified to perform such duties or obligations. No such contract will operate to waive or relieve UKCP from those duties and obligations, nor shall any consequent liability for the failure to perform any of those duties and obligations be deemed waived, absent a written waiver approved by the BOCC. 0 b) UKCP may subcontract with a not-for-profit entity for the operation of the swimming pool and related facilities. Any such contract is subject to the approval of the BOCC E E 0 and the FCT, which may impose such conditions as it or they deem necessary to serve the public c- U or to protect the rights of FCT bondholders. At a minimum the contract must contain provisions 0 similar to the ones in this lease regarding: E 1. restrictions on the use of revenue generated at the premises; 2. the prohibition of differential fees based on membership; E 3. presence of lifeguards; 4. nondiscrimination; 5. assurances that the pool and facilities will be kept open and available to the general public when not in use by instructional or recreational programs; 0 6. audits and record keeping; 7. insurance. 0 Any operational contract entered into by UKCP will not operate to waive or relieve UKCP from its duties and obligations, nor from any consequent liability for failure to perform operational duties satisfactorily, absent a written waiver approved pproved by UKCP and the BOCC. 10. a) The County may terminate this lease for cause if UKCP fails to comply with its N obligations under this lease. Before the County may terminate this lease, it must give UKCP written notice of the default stating that, if the default is not cured within 15 days from the date of the notice, then the County will terminate this lease. Termination under this subparagraph c� 5 Packet Pg. 767 C.18.d does not relieve UKCP from whatever damages the County may have suffered because of UKCP's default. b) The County may terminate this lease without cause if, after the date first written above, the BOCC determines that the economics of the construction of the pool and related facilities, or the on-going operation and maintenance, would require an annual expenditure of tax 0 revenue or an annual expenditure of tax revenue in an amount the BOCC determines is imprudent. If this lease is terminated under this subparagraph, then neither party will have further obligation, duty or liability with respect to the other. c) Notwithstanding anything to the contrary in subparagraph 10(a), the County Administrator may order the swimming pool and related facilities closed immediately if he 0 determines that a condition has arisen, whether caused by UKCP's failure to perform or by an external event beyond UKCP's control, that threatens the health or safety of the public. The E 0 County Administrator may order the swimming pool and related facilities closed until such time as c- U the condition is corrected. 0 11. This lease is governed by the laws of the State of Florida. Venue for any litigation E arising under this Agreement must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to recover its reasonable fair market value attorney fees and costs. E 12. This lease has been carefully reviewed by UKCP and the County after input from 4- 0 both parties. Therefore, this Agreement is not to be construed against any party on the basis of ra 0 authorship. CL 13. Notices as provided for in this Agreement, unless otherwise specified, must be sent by certified mail as follows: E TO COUNTY TO UKCP N County Administrator Tim Bricker Public Service Building 89 North Bay Harbor Drive CN 5100 College Road Key Largo, FL 33037 ; Key West, FL 33040 E c� 6 Packet Pg. 768 C.18.d 14. This lease is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or replaced except by another written and signed agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly aut CO ative. 0 z �$ o ( BOARD OF COUNTY COMMISSIONERS E A OLHAGE, CLERK OF ONROE COUNTY, FLORIDA Van�g � Deputy Clerk Ma /Chairman 0 ,E (SEAL) UPPER KEYS COMMUNITY POOL, INC. ATTEST: 0 c, By By / Zr�►.... Title = Title jdleaseUKCP E 4- 0 0 CL CL APPROVED AS TO FORM A ROBERT N. LfEr DATE l Z c14 c14 c� 7 Packet Pg. 769 (WAG-L asea,pua;xg 01 IUGWaaaBV asea,100d R;iunwwOO dome o;;uowpuowv y;EL;o IenoiddV) ;uawoojBV VL-ZL-000Z:;uauayoe;;V c ao r V o� a Y V 16 a O `j) LAGUNA AVE. p Oi (50' R.O.W.) :m �• .�m — o— kh n � ( o i o Z ppa � cz z v z i s t N ASV zrnm6lm m�zzza° m ° ate IC, z oVLU A <Z oo0O o °00000m j � G � i L 6,°�00099 0 w .o� omoi oa�� � �° a OQ�a °o m ° m 6' ��� iw �oU-° " m `� m o Dm'n0zQ m>t � QQ ommm � m� tY �O0 m om coo; moms mrn ul um a ° o m rnN� � � � a z mo m f 2ne86888800 O °2 =In OU1p d-Q u �Qs o ®m 011.if WtLI���� H E mB 00000000 m � 6 ° 0Q00000s) FAIL t� uQS—"'— W (uaaal asea,pua;xg o;;uau GOABV asea,food R;iunwwOO dOmn o;;uauapuauaV LI;E L;o IenoiddV) ;uawoojBV VL-ZL-000Z:;uauayoe;;V a rn a oa 9�; w A 0 _ w�e1i�1 aaeUai z s a ' d s a 7 LL Y i \ j d _ tll r c _ .._._� _ ...-i.-... ; i - J Qs CD • C.18.d 829093 RE'c 1 297 PA611 090 CONTRACT #94-CT-73-93-3A-M1-002 FLORIDA COMMUNITIES TRUST PROJECT NAME Recreational PROPOSAL NUMBER 93-002-CS1 L.O. S. Standards FLORIDA COMMUNITIES TRUST AREA OF CRITICAL STATE CONCERN PROGRAM GRANT CONTRACT X 0 THIS CONTRACT is entered into on CZ rs 1994 , by and between the FLORIDA COMMUNITIES TRUST (FCT) , a nonregulatory agency within the State of Florida Department of Community Affairs, and MONROE COUNTY (FCT Recipient) , a political subdivision of the State of Florida, in order to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site) , as shall be necessary to ensure compliance with 6 applicable Florida Law and federal income tax law and to CL otherwise implement provisions of Sections 259. 101, 375. 045, and Chapter 380, Part III, Florida Statutes. E * * * * * * * E 0 t3 WHEREAS, Chapter 380, Part III, Florida Statutes, the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and E coastal elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by providing E financial assistance to local governments to carry out projects and activities authorized by the Florida Communities Trust Act; , 4- WHEREAS, Section 259 . 101 (3) (c) , Florida Statutes, provides 0 76 for the distribution of ten percent (10%) of the net Preservation 2000 Revenue Bond proceeds to the Department of Community Affairs to provide land acquisition grants and loans to local governments through the FCT, with an additional one-tenth to be used specifically for matching grants, on a dollar-for-dollar basis, for acquisition within areas of critical state concern; E WHEREAS, the Governor and Cabinet authorized the sale and issuance of State of Florida Department of Natural Resources Preservation 2000 Revenue Bonds (Bonds) ; Z �i `= `a __ cN WHEREAS, the Bonds were issued as tax-exempt bonds, meani4 that the interest on the Bonds is excluded from the gross income c14 of Bondholders for federal income tax purposes; �n GC/93-002-CSl-P3A 7 FINAL/3-07-94 1 ry M o MIBIT C Packet Pg. 772 C.18.d 829093 °Ec 1 23 . PA6[ 1 091 WHEREAS, Rule Chapter 9K-5, F.A. C . , sets forth the procedures for evaluation and selection of proposals for land acquisitions using funds allocated to the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund for Areas of Critical State Concern; WHEREAS, the FCT Governing Body met on January 6, 1994 , to consider and select proposals to receive funding and FCT Recipient's proposal was selected for funding in accordance with Rule Chapter 9K-5, F.A.C. ; 0 WHEREAS, FCT is authorized by Section 380. 510 (7) (a) , Florida Statutes, Rule 9K-5. 007 (4) , F.A.C. , in accordance with Section 380. 510 (4) , Florida Statutes, to impose grant conditions deemed necessary to protect the interests of the State of Florida and to ensure that the project complies the requirements for the use of Preservation 2000 Bond proceeds, and which must be met by the FCT Recipient prior to the release of any funds; ®a WHEREAS, such conditions shall be imposed by a grant contract 0- that shall contain by reference all regulations, rules, and other grant conditions governing the matching grant award, that shall describe with particularity the real property that is subject to the contract and that shall be recorded in the county in which E the real property is located; and U U WHEREAS, the purpose of this Contract is to set forth the terms and conditions of the matching grant award and covenants 0 and restrictions that shall be imposed on the Project Site(s) acquired with the FCT Preservation 2000 Bond Proceeds and the Recipient's local match. E NOW THEREFORE, in consideration of the mutual covenants and E undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and FCT Recipient do hereby contract and agree as follows: 0 I. GENERAL CONDITIONS 1 . At least two original copies of this Contract shall be , executed by FCT Recipient and returned to the FCT office at 2740 Centerview Drive, Tallahassee, Florida 32399-2100 within sixty (60) days of mailing by FCT to the FCT Recipient. Upon receipt by FCT of the signed Contracts, FCT will execute the Contracts, retain one original copy and return all other copies to FCT Recipient. V- 2 . Upon execution and delivery by the parties hereto, the FCT Recipient shall cause this Contract to be recorded and filed N in the official public records of Monroe County, Florida, and in GC/93-002-CS1-P3A FINAL/3-07-94 2 Packet Pg. 773 C.18.d 820093 REC 129f PAIGEI 092 such manner and in such other places as FCT may reasonably request, and shall pay all fees and charges incurred in E connection therewith. 3 . The FCT Recipient and FCT agree that the State of Florida Department of Environmental Protection will forward this Contract to Department of Environmental Protection Bond Counsel ®' for review for conformance to bond restrictions. In the event Bond Counsel opines that an amendment to this Contract is required so that the tax exempt status of the Preservation 2000 0 Bonds is not jeopardized, FCT and FCT Recipient shall amend the Contract accordingly. 4 . This Contract may be amended at any time. Any amendment must be set forth in a written instrument and agreed to by both the FCT Recipient and FCT. m 5. This Contract and the terms, conditions, covenants and restrictions contained herein shall run with the real property acquired with the funds received hereunder and the local match, and shall bind, and the benefits shall inure to, respectively, the FCT and the FCT Recipient and their respective successors and assigns. E E 0 6. This Contract shall be governed by and construed in U accordance with the laws of the State of Florida, with respect to U both substantive rights and with respect to procedures and remedies. o 7 . Any notice required to be given hereunder shall be given by personal delivery, by registered mail or by registered expedited service at the addresses specified below or at such other addresses as may be specified in writing by the parties E hereto, and any such notice shall be deemed received on the date of delivery if by personal delivery or expedited delivery service, or upon actual receipt if sent by registered mail. - FCT: Florida Communities Trust > 0 Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 ATTN: Executive Director E FCT Recipient: Monroe County, a political subdivision of the State of Florida 2798 Overseas Highway Suite 410 CN Marathon , FL 33050 ATTN: Lorenzo Aghemo cN E GC/93-002-CS1-P3A FINAL/3-07-94 3 Packet Pg. 774 C.18.d 8290 3 REF 12 7 �A[j[ 093 8 . If any provision of the Contract shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. U) II. SPECIFIC CONDITIONS REQUIRED BY RULE 9R-5, FLORIDA -' ADMINISTRATIVE CODE X 1 . FCT Recipient hereby acknowledges and agrees that Project work may not be initiated prior to execution of this grant contract. 2 . All matching grants from the Area of Critical State Concern Program shall be used for land acquisitions that assist an Area of Critical State Concern county to implement or further the conservation, recreation and open space, or coastal management elements of the local comprehensive plan, to conserve -a natural resources, to resolve land use conflicts, and to implement land development regulations which further the principles for guiding development established for that Area of Critical State Concern. E 3 . Preservation 2000 funds received by the FCT Recipient E under this Contract shall only be used for the land acquisition U project costs, as defined in Rule 9K-5. 002 (19) , and as set forth c) in Proposal 93-002-CS1. 0 4 . The FCT Recipient hereby agrees to fully perform the project as described in the Proposal 93-002-CS1. The scope and nature of the project work for which the grant assistance is authorized shall be as follows: E Land acquistion program to implement the recreation level of service standards of the Monroe County Year 2010 Comprehensive c, Plan and eliminate the level of service deficiency of activity- based parks in the Upper Keys through the year 2002 by the 0 purchase of land, as described in Proposal 93-002-CS1, for activity-based recreation. 5. The FCT Preservation 2000 Bond Series award granted to the FCT Recipient shall in no event exceed Two million one hundred sixty thousand eight-hundred forty-nine and 00/100 E Dollars ($2 , 160, 849 . 00) . 6. Funds awarded under this Contract shall be awarded as a matching grant to FCT Recipient. Funds awarded under this program shall be matched by the Recipient on a dollar-for-dollar basis. N 7 . The FCT Recipient shall prepare a management plan, GC/93-002-CS1-P3A FINAL/3-07-94 4 Packet Pg. 775 C.18.d rr'' OFF I g 7 L 9 following the guidelines ��W �i A in EkkSi "7�' ," fo� a proval by the governing body prior to the release of any funds by the FCT. This plan must include the following: E- a. At a minimum the management plans shall set forth U) how the site will be managed to further the purpose of the project, a description of all planned improvements to the project -° site, the costs and funding sources, and the management entity and its funding source. If the FCT Recipient is not the proposed managing entity, the management plan must include a signed W agreement between the FCT Recipient and the managing entity ° stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management. b. Evidence that the management plan is consistent with the local comprehensive plan. C. Evidence that the conditions imposed in the grant 0- contract have been satisfied. 8 . The governing body shall approve or reject the management plan in accordance with the FCT Recipient's compliance 0 with the grant contract and the requirements of Rule 9K-5. 008, U U 9 . The FCT Recipient hereby agrees to fully perform the obligations of the Management Plan approved by FCT. 0 10. FCT Recipient hereby agrees to provide evidence within thirty (30) days of FCT governing board approval of the E management plan that the local match portion, in the amount of Two million one hundred sixty thousand eight-hundred forty-nine E and 00/100 Dollars ($2, 160, 849. 00) of the total project costs has been transferred by the FCT Recipient into a restricted segregated account established and used exclusively for the purposes of the funded project. Upon notification to FCT that the restricted account has been established, the FCT funds shall > 0 be delivered in the form of a state warrant payable to the FCT CL Recipient within 30 days. The restricted account shall be theCL receiving account for the FCT matching grant and shall be subject to the accounting and auditing provisions set forth Exhibit "B" attached hereto and made a part hereof. E 11 . Pursuant to Rule 9K-5. 003 (4) , F.A.C. , prior to awarding funds the local comprehensive plan of a FCT Recipient must either be found in compliance by the Department or the FCT Recipient CN must have executed a stipulated settlement agreement with the Department to resolve all the issues raised by the Department in a statement of intent to find a plan not in compliance issued cN pursuant to Section 163 . 3184 , Florida Statutes. FCT Recipient GC/93-002-CS1-P3A FINAL/3-07-94 5 Packet Pg. 776 C.18.d qq ((�� OFF 1 297 ;-611 095 hereby cer. of ies that J ;a'hi7A) 0 , 19(�4 , the status of the Monroe County comprehensive plan was Lhat the st e(I sctticment. a_�reeinent &Ite(I February 7 1992 , was executed by the FCT Recipient E w L1L-Lhu D e pa rLinc 11L ---_ -------- --- - U) 12 . Pursuant to Rule 9K-5 . 007 (5) , F.A.C. , approval for funding shall be for a period not to exceed two years from the date of the meeting at which the approval was given. The approval for funding under this Contract shall expire upon the satisfactory completion of the project work and terms and conditions of this Contract or January 5, 1996, whichever occurs first. 13 . Funds awarded under this Contract shall be subject to termination as follows: a. Failure of the FCT Recipient to comply with the provisions of this Contract shall constitute grounds for terminating the matching grant. b. The FCT grant portion of funds remaining in the restricted account as a result of early termination of a project E grant or from completion of the project at less than anticipated U cost shall revert to the Florida Communities Trust Preservation c- 2000 Trust Fund and be attributed to the bond series out of which the matching grant was made. o 14 . Notice of Termination may be given by either party according to the provisions for notification in Section I. , paragraph 7 above. If the FCT delivers a Notice of Termination prior to January 5, 1996, such notice shall provide the reason E for termination and thirty (30) days for the FCT Recipient to correct any deficiencies or violations that may be the basis of the Notice of Termination. 15. The FCT Recipient hereby agrees to fully comply with > 0 the applicable accounting, retention of accounting records, and 0. auditing requirements as described in Rule 9K-5.010-. 012 , F.A.C. 0. 16. Pursuant to Rule 9K-5. 009 (h) , F.A.C. , the FCT Recipient hereby agrees to submit quarterly project progress reports until this Contract either expires or is terminated, according to Exhibit "C" attached hereto and made a part hereof. 17 . Pursuant to Rule 9K-5. 015, F.A.C. , annual stewardship N reports to FCT according to Exhibit "D" attached hereto and made a part hereof. N E GC/93-002-CS1-P3A FINAL/3-07-94 6 Packet Pg. 777 C.18.d 829093 REC ;'n�El 096 III . PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER 259 , CHAPTER 375, AND CHAPTER 380, PART III, FLORIDA STATUTES. 1 . Land acquisition procedures of the Monroe County Land Authority, acting on behalf of the Board of County Commissioners of Monroe County, shall be used for the acquistion of the Property hereunder. x 2 . Any deed whereby the FCT Recipient acquires title to a W Project Site shall incorporate by reference the covenants and restriction of this Grant Contract to ensure that the use of the Project Site at all times complies with Section 375. 051, Florida E Statutes and Section 9, Article XII of the State Constitution and shall contain the following clause providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund upon failure to use the Project Site conveyed thereby for such purposes: By acceptance of this warranty deed, grantee 0 herein hereby agrees that the use of the Property described herein shall be subject to the covenants and restrictions as set forth in that certain Grant E Contract recorded in Official Record Book , E Page Public Records of Monroe County, Florida. U These covenants and restrictions shall run with the 0- Property herein described. If any of the covenants and �e restrictions of the Grant Contract are violated by the grantee or by some third party with the knowledge of the grantee, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of E the Internal Improvement Trust Fund of the State of Florida in accordance with the Grant Contract without further notice to grantee, its successors and assigns, and grantee, its successors and assigns shall forfeit , all right, title and interest in and to the Property described herein. 3 . If any essential term or condition of this grant 0 contract is violated by the FCT Recipient or by some third party with the knowledge of the FCT Recipient and the FCT Recipient does not correct the violation within 30 days of notice of the violation, fee simple title to all interest in the Project Site E shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The FCT shall treat such property in accordance with Section 380. 508 (4) (e) , Florida Statutes. 4 . Any transfer of the Project Site shall be subject to the approval of FCT and FCT shall enter into a new agreement with the transferee, containing such covenants, clauses, or other N restrictions as are sufficient to protect the interest of the E GC/93-002-CS1-P3A a FINAL/3-07-94 7 Packet Pg. 778 C.18.d 829093 REc 1297 P"GEI 097 people of Florida . 5 . The interest, if any, acquired by the FCT Recipient in the Project site will not serve as security for any debt of the FCT Recipient unless FCT approves the transaction. 6 . If the existence of the FCT Recipient terminates for any reason, title to all interest in real property it has acquired with the FCT award shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept title to all interest in and to manage the Project Site. 7 . In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the FCT Recipient shall deposit with the FCT any insurance proceeds or any condemnation award, and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. The FCT shall make any such insurance proceeds or condemnation award moneys available to E provide funds for such restoration work. In the event that the E FCT Recipient fails to commence or to complete the rebuilding, U repair, replacement or restoration of the Project Site after notice from the FCT, the FCT shall have the right, in addition to � any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. 8 . Notwithstanding any of the foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation of the Project Site. 4- IV. CONDITIONS RELATING TO THE PROJECT SITE. 0 1 . The Project Site shall be managed only for the 0 conservation, protection and enhancement of natural resources and for public outdoor recreation which is compatible with the conservation, protection and enhancement of the natural resources that may occur on the Project Site, along with other related uses E necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically stated in Proposal 93- 002-CS1 approved by FCT. N 2 . The FCT Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses N as appropriate . If an amendment to the FCT Recipient's E GC/93-002-CS1-P3A FINAL/3-07-94 8 Packet Pg. 779 829003 REE 12Q7 "GEI 098 C.18.d comprehensive plan is required to comply with this paragraph, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the FCT Recipient. 3 . FCT Recipient shall ensure that all activities under this contract comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction as applicable. 4 . The FCT Recipient shall, through its agents and 0 employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the FCT approved management plan. 5. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the U) operations of the FCT Recipient at the Project Site. 6. All buildings, structures, improvements, and signs 0 shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and/or major land alterations shall require the written approval of FCT. E The approvals required from FCT shall not be unreasonably with- E held by FCT upon sufficient demonstration that the proposed U structures, buildings, improvements, signs, vegetation removal or e- land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the FCT Recipient's management plan addressing the items mentioned herein shall be considered written approval from FCT. 8 . If archaeological and historic sites are located on the Project Site, the FCT Recipient shall comply with Chapter 267, E Florida Statutes. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on , the Project Site will be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. > 0 9 . The FCT Recipient shall ensure that the Project Site is identified as being publicly owned and operated as a natural resource-based public outdoor recreational site in all signs, literature and advertising regarding the Project Site. The FCT Recipient shall erect a sign(s) identifying the Project Site as being open to the public and as having been purchased with funds from FCT and FCT Recipient. N N E GC/93-002-CSl-P3A FINAL/3-07-94 9 ° Packet Pg. 780 829093 REc 29 11"15E1 099 c.18.d V. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1 . If the Project Site is to remain subject, after its acquistion by the FCT Recipient and/or the Trustees, to any of the below listed activities or interests, the FCT Recipient shall provide at least 60 days advance written notice of any such activity or interest to FCT, and shall provide to FCT such information with respect thereto as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity o or interest: a. any lease of any interest in the Project Site to E any person or organization; b. the operation of any concession on the Project Site to any person or organization; C. any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, CL with any person or organization; d. any use of the Project Site by any person other than in such person's capacity as a member of the general public; E U e. a management contract of the Project Site with any c- person or organization; and 0 f. such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. E 2 . FCT Recipient agrees and acknowledges that the E following transaction, events, and circumstances may be disallowed on the Project Site as they may have negative legal , and tax consequences under Florida law and federal income tax law: a. a sale of the Project Site or a lease of theCL 0 Project Site to any person or organization; CL b. the operation of a concession on the Project Site by any person or organization; C. a sale of things attached to the Project Site to be severed from the Project Site to any person or organization; V- N d. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of bonds from which the disbursement is to be made; N E GC/93-002-CS1-P3A FINAL/3-07-94 10 Packet Pg. 781 � 2 � � � � C.18.d REc . Z 9 l il'if 11 0 0 e. any use of the Project Site by any person other than in such person' s capacity as a member of the general public; f . a management contract of the Project Site with any person or organization; and g, such other activity or interest as may be specified from time to time in writing by FCT to the FCT Recipient. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE FCT 0 RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT E SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON �s THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. VI. CONDITIONS PARTICULAR TO THE PROJECT SITE AS A RESULT 0 OF THE FCT APPROVED MANAGEMENT PLAN 1. The FCT Recipient shall perform an archaeological survey of the Snapper Ca site prior to the commencement of E proposed development activities on that site. All planned U activities involving known archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historical Resources in order to prevent the disturbance of significant sites. 2 . Coordination with the Division of Recreation and Parks E in the design of the recreation facilities and the overall development of the sites to insure that adequate consideration is given to the containment of stormwater and minimizing negative impacts to the adjacent surface water quality. 4- 3 . Coordination with bond counsel to insure that activities proposed on the site do not put the tax-exempt status LM of the bonds at risk. CL CL 4 . Coordination with the Game and Fresh Water Fish Commission in the design of the recreation facilities and the overall development of the sites to insure that adequate consideration is given to the protection of listed plant species and wildlife habitat. 5 . The timing and extent of a vegetative survey of N vegetative communities and plant species on the Project Sites shall be specified in the management plan. The FCT Recipient cN 4i E GC/93-002-CS1 -P3A FINAL/3-07-94 11 � Packet Pg. 782 C.18.d 829093 °EC' I t- 17 PAGEI 10 1 shall detail how the survey shall be used during development of the sites to insure the protection of the natural resources on the Project Sites . 6 . The wetland communities that occur on the Project Sites shall be preserved and appropriately managed to ensure the long- term viability of these communities. 7 . The tropical hardwood hammocks that occur on the Project Sites shall be preserved and appropriately managed to ensure the long-term viability of these communities. 0 8 . Invasive exotic vegetation that occurs on the Project Sites shall be eradicated. The FCT Recipient shall use the Exotic Pest Plant Council's 1993 List Of Florida's Most Invasive Species list to assist in identifying invasive exotic species on the Project Sites. U' 9 . A vegetative buffers shall be provided along the boundary of the Project Sites that interfaces with residential 0 developments. 10. Access to the Project Sites by pedestrians and E bicyclists shall be promoted. E 0 U In the event of a conflict between the terms of the Grant c- Contract, the Management Plan or the Grant Proposal, the controlling document shall be in the following priority: 1. The o Grant Contract; 2 . The Management Plan; 3 . The Grant Proposal. This Contract including Exhibits "A", "Bill lice# and "D" embodies the entire contract between the parties. E IN WITNESS WHEREOF, the parties hereto have duly executed this Contract. 4- MONROE UNTY F ORIDA C UNITIES TRU T o 0 BY: Linda Loomis Shelley, ChairCL T i Mayor/Chairman D to• March 3, 1994 Date Accepted as to Form and Legal Accepted as to Form and Legal Sufficiency: Sufficiency: CN i Date- f Date: cN (Seal) GC/93-002-CSl-P3A Attest : Danny L. Kolhage, Clerk FINAL/3-07-94 12 i r Uehuly Cl�•rk Packet Pg. 783 C.18.d 829093 R'EC' 129 02 STATE OF FLORIDA COUNTY OF LEON The fffeqoi g instrument was acknowledged before me this day of , 1994 , by LINDA LOOMIS SHELLEY, as Chair of the Florida Communities Trust. She is personally known to me. X ?Nry Publi Name• ssion No. �0716 tmmission Expires: U) h 0 CL E E 0 STATE OF FL IDA U CL COUNTY OF L3 The foregoing instrument was ckn owle ed of re me this lu 0 day of _ , 1994, by � , as He\She is personally nown to me. E E N ary Pub Print Name: /T�,7;1(r Commission No. My Commission Expires: 0 0 CL CL ALVIN SMITH,JR. ¢f • CC303W p(pIpES MY COMNUSSION! -•: (l}A my 29,1997 FAIN IW MNCE,INC. BONOM THOU TROY E L59 a CN a CN E GC/93-002-CS1-P3A FINAL/3-07-94 13 Packet Pg. 784 U L J U J J R C I L J f I U J C.18.d FLORIDA COMMUNITIES TRUST TECHNICAL ASSISTANCE BULLETIN: 02 WRITING A MANAGEMENT PLAN The conceptual management plan submitted as a part of a Florida Communities Trust ( "FCT") grant application or proposal serves as a basis for the management plan for project sites purchased with funds from FCT. Materials and information gathered for the application or proposal can and should be reflected in the plan where appropriate. o Conditions required in the Conceptual Approval Agreement or Grant Agreement should be incorporated in the management plan. Location map, boundary map, vegetative surveys, site plans, Conceptual Approval Agreement, the recorded deed when it becomes available, and other 0 supporting documents should be included as exhibits or included in the appendix of the management plan for future readers. The following U) general outline identifies the range of issues to be addressed in the 0 management plan, where applicable. 6 0 INTRODUCTION AND GENERAL INFORMATION Provide information including the name of the project, the location of the Project Site, and other general information such as a brief E 0 resource description, and historical information relevant to site U management. U Provide a table of contents of the management plan. o PURPOSE OF THE PROJECT AND MANAGEMENT Discuss the purpose for acquiring the Project Site and proposed future uses consistent with statements made in the application or E proposal. Provide a summary of the comprehensive plan directives that would be furthered by managing the site as proposed. Commitments made in the application or proposal and reinforced by conditions of the grant funding must be reflected in the management 0 plan. 0 Identify the principle objectives for managing natural resources and compatible outdoor recreation. Identify a procedure to amend the land use designation to conservation, outdoor recreation, open space, or other similar category once the land is acquired. Include provisions to ensure that the Project Site is identified in all signs, literature, and advertising as being publicly owned, open to the public and operated as a natural resource conservation area, outdoor recreation area, or other appropriate descriptive language, N and identifying the Project Site as having been purchased with funds from the FCT and the Recipient . E c� Rev . Packet Pg. 785 8 2 9 0 9 3 REC 9 l PAGE 11 0 4 C.18.d SITE DEVELOPMENT, IMPROVEMENTS AND ACCESS Incorporate a provision for requesting written approval from the FCT before undertaking any site alterations or physical improvements that are not addressed in the FCT approved management plan . Physical Improvements Identify and locate existing and proposed physical improvements o the Project Site on a master site plan. These might include such things as signs, fences, walkways, recreational paths, campgrounds, restrooms, educational space, utility corridors, parking areas and 0 buildings. Identify any proposed alteration of land use or character, the approximate area affected and how this activity will be coordinated with the protection of listed plant and animal species. Identify any 0 permits or approvals that may be required for the development or restoration work and a procedure for providing evidence to the FCT prior to the initiation of any activity that all required licenses and permits have been obtained. 6 0 Include the placement of at least one sign identifying the Project Site as being open to the public, purchased with funds from FCT and the Recipient, operated as a natural resource conservation area, E outdoor recreation area, or other appropriate descriptive language. 0 U Access ce Identify how access to the Project Site will be provided. For example, are parking places proposed on-site, and if so, many spaces or how much area will be devoted to approximately how this use? If parking is not proposed on-site, are there existing or E proposed spaces adjacent to or sufficiently near the property? Identify any proposed access to waterbodies including, but not limited to, marinas, docks, boat ramps, fishing piers or viewing platforms and the approximate size of the facility. Consider T_ providing bike paths to the site and bike racks at the site to provide an alternative to automobile transportation to the Project Site. 0 0. 0. Access to Project Sites should be compatible with all state and federal construction standards, including the Americans with Disabilities Act. Identify existing and proposed easements, concessions, or leases. If easements, concessions, or leases are anticipated to be granted �s on the Project Site, such proposed arrangements need to be identified. These might include utility rights-of-way, flowage or access easements, recreation or supply concessions , and leases or other instruments that would allow grazing, timbering, agriculture, or other revenue producing enterprises . N Include a procedure to provide 60 days prior written notice and information regarding any lease of any interest, the operation of any concession , any sale or option, any use other than by a member Rev . 2 Packet Pg. 786 . v v h L 1. 1 L I U %J C.18.d of the puhllc , ins] management contracts of the Project Site with non-governmental persons or organ ir.ations . KEY MANAGEMENT ACTIVITIES E Maintenance: Identify required maintenance activities , including but not limited to trash removal , site cleanup, and facilities upkeep. Identify the entity responsible for property maintenance. Identify procedures to ensure that dumping of trash or hazardous material does not occur on or adjacent to the Project Site. Identify contemplated service contracts with private concerns such as garbage removal, restroom cleaning, security guards, etc. 0 security: Identify the parties responsible for preventing vandalism, trespassing, and other property damage. Identify E measures to protect the Project Site and the public using the site such as on-site manager, security guards, neighborhood watch, emergency phones, etc. U) M Staffing: Identify the expected staffing requirements for management of the Project Site including both permanent and 6 0 volunteer staff. Natural resource protection: Identify the natural resources at the Project Site and the issues, problems, and proposed management techniques associated with protection of those natural resources. E Management techniques should include, but not be limited to, a U baseline survey of listed plant and animal species, protection of U listed plant and animal species, protection of imperiled or critically imperiled vegetative communities, protection of 0 geological features, protection of surface water and groundwater quality and hydrology and prescribed burns. Identify monitoring activities to insure the continued viability of vegetative communities and listed species found on the Project Site. E The monitoring plan should include periodic surveys of the vegetative communities, listed plant species, and listed animal species found on the Project Site. Provide for forwarding survey information on the occurrence of listed plant and animal species to the Florida Natural Areas Inventory. 1 Resource restoration and enhancement: Identify the primary c components of the Project Site enhancement and restoration effort, if any_ These might include removal of invasive exotic plant species, removal of feral animals, restoration of wetlands, improvement of surface water quality, recovery plan for listed species, and restoration of uplands habitat. This section should c' include a time frame for implementing and completing the activities and a monitoring program to insure success of the resource N enhancement activities . Identify parts of the property that require different degrees or types of enhancement management. N Archeological and historical resource protection: Identify any archeological or historical sites on the Project Site and the E primary components of managing the archeological or historical l:ev . 1 / 4 / 1)'1 Packet Pg. 787 829093 ... I ^ 9l Nil 1 06REC C.18.d s i to Out 1 i ne procedure-. to protect a rcheol ocj i ca i or historical ite that may be identified in the future . Incorporate a provision that if any archaeological and historic resources are discovered at the Project Site , the Recipient shall comply with the provisions of Chapter 267 , Florida Statues specifically Sections 267 . 061 (2) (a) and (b) . Provide for 0 coordination with the Division of Historical Resources, Florida M Department of State. Coordination: Explain how the management of the site will be coordinated with other adjacent land owners and other resource protection agencies. For example, in the case of prescribed burns, what measures will be used to minimize impacts on nearby residential properties? Identify measures to protect the Project Sites from adjacent off-site activities that might impact resources on the Project Site such as pesticide spraying on adjacent property, water treatment facility discharging into creeks flowing through Project Site, etc. Include provisions to coordinate with other agencies for appropriate guidance, recommendations, and necessary permits that may be related CL to the Project Site, such as the following: the Florida Game and Fresh Water Fish Commission and U. S. Fish and Wildlife Service to avoid impacts to listed species; the Water Management District and Department of Environmental Protection to ensure that development of 0 the Project Site is done in a manner to protect or improve water U quality; the Division of Forestry and the Game and Fresh Water Fish U Commission on the implementation of a prescribed burn program; other local, state, or federal agencies special management plans, if 0 appropriate. COST ESTIMATE AND FUNDING SOURCE Identify the estimated costs of the various development and management activities outlined in the management plan. For review and analysis purposes, the estimated costs should be separated into the same categories as the identified activities. - Identify the entity that will pay for development and management of the Project Site and some measure of the commitment or capacity to 0. provide these monies. For example, adequate personnel and resources in the local parks and recreation department may exist to address the added burden associated with the Project Site. Identify any citizen organization or non-profit groups committed to providing services or funding and a measure of commitment or capacity to provide these services. PRIORITY SCHEDULE CN Identify a proposed time line for implementing the development and management activities of the management plan based on established cN priorities and the availability of funds . Provide a graphic display of the implementation time lines . c� Rev . I / 4 / `)4 4 Packet Pg. 788 r' C.18.d MONITORING 8 2 9 0 9 3 REC I _ 9 l PAGE 11 0 l Identify procedures for assessing progress in achieving goals set forth in the management plan such as the percentage of property restored, inventory of species using the Project Site, etc. Identify procedures for periodic amendment to the management plan, when appropriate . Include a provision acknowledging responsibility for preparing an annual stewardship report to the FCT, due on the anniversary date on which the Project Plan was approved by FCT. x 0 U) 0 ,E E E 0 U U 0 E E V- 4- 0 0 E V- cN V- cN 4i E c� Rev . 3/4 /94 Packet Pg. 789 C.18.d 829093 REc I � 97 i;1GEl 108 Exhibit "B" E Rule 9R-5. 010 Accounting Requirements. The grantee shall maintain an accounting system which provides for a complete record of the use of all funds connected with the grant. This accounting system shall provide for: X (1) Accurate, current, and complete disclosure of the financial results of the grant. c (2) Records that identify adequately the sources and application of funds for all activities related to the grant. In the absence of a proper accounting system c' with accounts for source and application of funds, a separate checking account may be used. (3) Effective control over and accountability for all funds, property, and other assets. (4) Comparison of actual outlays with amounts in budget. (5) Procedures to minimize the time elapsing between the E 0 transfer of funds from the Trust and the disbursement by U the grantee. c- (6) Procedures for determining reasonableness, allowability, c and allocability of costs. (7) Accounting records that are supported by source E documentation, for example: invoices, bills, canceled checks. E (8) An independent audit performed in accordance with Section 11. 45, Florida Statutes, and rules of the Auditor General of the State of Florida. Such audits should be conducted at least every two (2) years. 0 Specific Authority 259. 101, 374 . 045, 380. 507 (11) , F.S . Law Implemented 259 . 101, 375. 045, 380. 510, F. S. History--New 6-30-93 . Rule 9R-5. 011 Retention of Accounting Records. (1) Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be retained for a period of three years after the N end of the grant period or until an audit is completed. If any litigation, claim, or audit is started before the expiration of the three year period, the records shall N be retained until all litigation, claims, or audit GC/93-002-CS1-P3A FINAL/3-07-94 1 Packet Pg. 790 C.18.d 829093 REL . 297 PAGE 1 09 findings involving the records have been resolved. (2) The grantee shall make all grant records of expenditures, copies of reports, books, and related documentation available to the Trust, the Department, or any duly authorized representatives of the state for inspection at a reasonable time for the purpose of -° making audits, examinations, excerpts, and transcript. X Specific Authority 259. 101, 374 . 045, 380. 507 (11) , F. S. Law Implemented 259. 101, 375. 045, 380. 510, F. S. History--New 6-30-93 . Rule 9R-5. 012 General Audit Procedures. The Trust shall develop a monitoring and audit schedule at the beginning of each grant year to insure the adequate monitoring and audit of selected grantees. All grantees that receive a matching grant shall provide for examinations in the form of audits of their books and accounts. This does not mean that each grant shall be audited separately. The grantee may provide for a general audit of its CL books performed in accordance with Section 11.45, Florida Statutes, that would include the grant. The Trust may, at its option, perform selected or complete audits of grants or grantees. E The potential for such an audit increases when one of the E 0 following circumstances or conditions exist: U CL (1) First year grantees; 0 (2) Where a grants administrative official of the Department or Trust determines that a grant report indicates that a provision of the grant requirements has not been met or a grant report has not been filed by the grantee; E (3) The grantee has a history of poor performance under a Trust grant; , 4- 0 (4) The grantee is under investigation by another granting agency. 0 Specific Authority 259 . 101, 374 . 045, 380. 507 (11) , F.S. Law Implemented 259 . 101, 375. 045, 380. 510, F.S. History--New 6-30-93 . E cN cN GC/93-002-CS1-P3A FINAL/3-07-94 2 Packet Pg. 791 829093 HEc 7 PAR I I 0 EXHIBIT "C" QUARTERLY PROGRESS REPORT U) Please fill in all Project Identification information as requested. The performance reports will be cumulative in terms of information presented, but the Quarterly Report Period should indicate only the date of the current quarterly period being submitted. 0 Project Description should be a maximum of two paragraphs, identifying the problem which this project addresses, the proposed solution, implementation, or other proposed outcome of the project. Please identify any partners working with the Recipient. Project Acquisitions should list and briefly describe all acquisitions identified in the Grant Proposal and Contract. Project Progress by Quarter should become a cumulative report throught the life of the project. Please address specific progress made toward completion or satisfaction of each acquisition. The acquisition itself need not be reiterated, but 0 the acquisition numbers should correspond with the Project U Acquistion numbers identified in the Project Acquisition section U above. Please identify completion of each acquisition where appropriate. 0 PROJECT NAME: E FCT RECIPIENT: E PROPOSAL NUMBER: M PROJECT MANAGER: 0 EFFECTIVE DATE OF AWARD: > 0 QUARTERLY REPORT PERIOD: PROJECT DESCRIPTION: E cN cN 4i GC/93-002-CS1-P3A FINAL/3-07-94 1 Packet Pg. 792 C.18.d 829093 REC 1 297 PAR I PROJECT ACQUISITIONS: Acquisition 1. Acquisition 2 . Acquisition 3 . (List all acquistions listed in grant contract. ) x PROJECT PROGRESS BY QUARTER: 0 1st Quarter (dates) Acquisition 1. Acquisition 2 . Acquisition 3 . (Describe any project implementation problems encountered, if applicable. ) CL 2nd Quarter (dates) E Acquisition 1. E 0 U Acquisition 2 . CL cL Acquisition 3 . (Describe any project implementation problems encountered, if applicable. ) E 3rd Quarter (dates) E Acquisition 1. Acquisition 2 . 0 Acquisition 3 . (Describe any project implementation problems encountered, if applicable. ) 4th Quarter (dates) E Acquisition 1. Acquisition 2 . c� Acquisition 3 . (Describe any project implementation problems encountered, if applicable. ) N E GC/93-002—CS1—P3A FINAL/3-07-94 2 Packet Pg. 793 829URL,9 3 OF , 2 g l PAGE 1 1 12 C.18.d EXHIBIT "D" ANNUAL STEWARDSHIP REPORT REQUIREMENTS U) x 0 E U) 0 CL ,E E 0 t3 CL t3 0 E E cn V- 4- 0 0 CL CL a 0 E cN cN E GC/93-002-CS1-P3A FINAL/3-07-94 3 Packet Pg. 794 C.18.d 829093 °EE 7 I"Ali 1113 EXHIBIT "D" ANNUAL STEWARDSHIP REPORT REQUIREMENTS Rule 9K-5. 015, Florida Administrative Code requires the Recipient of a grant award from the Florida Communities Trust (FCT) to prepare an annual stewardship report due on the anniversary of the date on which the project plan was approved by the FCT governing -' body. The annual stewardship report evaluates the Recipient's implementation of the approved management plan and verifies that award conditions are being followed, that uses and management of o the project site are compatible with the protection of natural resources, and that monitoring and survey information is used to refine management of the project site. At a minimum, the format and content of the proposed report should include a table of contents; numbered pages; a section summarizing the status of site development and key management activities; a section identifying gross revenue received through fees, sales and concessions if any; a section assessing new information and outlining changes needed to update the adopted management plan; and any appropriate supporting documents as attachments. ,E The section summarizing site development and key management E activities should address the status of each activity proposed in E the management plan approved by the FCT. These activities should U include all physical improvements, maintenance, security, U vegetation and animal surveys, exotic species control program, educational program, prescribed burn program, and any other 0 activity proposed in the management plan. This information can be presented in summary form as shown below. E Example Table: SUMMARY OF SITE DEVELOPMENT AND MANAGEMENT E ACTIVITY MANG.PLAN ON BEHIND CONTINU- COMPLETED PAGE NO. SCHEDULE/ SCHEDULE ING NOT BEGUN 1 0 Any activity that is behind schedule must include a brief statement explaining the reason for the delay and a new target date for its completion. Completed activities should include a brief statement explaining the end result. E The section identifying gross revenue received through the collection of fees, sale of goods and services and other means should identify the activity involved, the managing entity receiving income and the gross amount of income received. This information can be presented in summary form as shown below. Example Table: SUMMARY OF REVENUE RECEIVED c� ACTIVITY MANAGEMENT ENTITY GROSS AMOUNT RECEIVED c� A r A 1w«r l 1s 1'I�aY DAMNYl . WXHOW �` �" Packet Pg. 795 C.18.d E Individual insurance items in this Exhibit may be deleted by the X County's Risk Manager if rendered unnecessary or redundant by insurance obtained by UKCP contractor(s) or subcontractor(s). 0 n E E 0 U CL 0 E E M V- 4- 0 0 CL CL EXHIBIT D E 8 Packet Pg. 796 LlLI.- 11-1Un II L/ fRVI' PIV IVRVL \.VVI•!/ , Ma A V�r ■\.L lL/ J10.7L.�L J.7lO r/YYG 1LI lL left iddim VEHICLE LI RUM E As a minimum,ooverap should eutend to liability for: U) Owned;Non-owned;and Kcui Vehicles Required Limits: VL 1 $50,000 per Person:S100.000 per Occunncc 0 $25,000 Property Damage $100,000 Combined single Limit VL2 S 100,000 per Pasow S300.000 per Occurrence $50,000 Propaty Damage ar U) $300.000 Combined Single Limit VL3 SS00,000 per Person;S1,000.000 per Occuneeance 0 S100.000 Propaty Damage or S 1.M0,000 Combined Sings Limit VL4 S5,000,000 Combined Single Limit E U CL IM F-1 AMMIS COVERAGES 0 SRI Builders' Limits equal to flan Risk completed pmjoa. MVC Motor T u& Limits equal to dw auxi alum Cargo value of any a c shiprru m PROI Prolbssiottal $ 250,000 per Oecttwe/S 500,000 Agg. PRO2 Luathility S 500.000 per Oocuwace 31.000,000 Ago. PR03 S1.000,000 per Occur lwwdS2.000.000 Agg. 0 POL1 Pollution S S00,000 per OMM1200041,000,000 Agg. 0 POL2 LiaMlity $1,000,000 per OcwrrenodS2.000.000 POU —L $5.000.000 par Ooaarmscelt 10.000,000�gg. ED1 Boyce $ 101000 BD2 Dislroaaty $100,000 GKI $ 300.000($ 25,000 per Veb) GK2 Keepers S 500,000($100.000 per Veb) GK3 $1.000.000($250,000 par Vch) _ I NSCUIMCN waninisMion InUM aoa cN I4709.2 6 , • � E c� Packet Pg. 797 ��-.. . vv a . :cr rrtvrr:l'IVIVtGUt l.UUri I Al-1V UrF 1UG 2 ay1d PAGE 10/12 1"6E-dim MONROE COUNTY,FLORIDA INSURANCE CHECKLIST U) FOR VFNWRS SUBMI'ITMG PROPOSALS FOR WORK x 0 To assist in the development of your proposal,the insuranx coverages marked with an"X"will be"uired in the event an award is made to your fnm. Please review this form with your inSlumce agent and have him&er sign it in the pine provided It is also requized that the bidder sign the form and submit it with eicch pmposai. WORKERS'COMPENSAT1oN AN EMPT.O RRD IANIT iTV 0 CL X Workm'Ganpernation Stay Limits WCI _JL Employers Liability Si00,000/Ss00 OWISI00 OOo WC2 Employers Liability Ss0o,0004500.OWSS00,000 WC3 Employers Liability St,000,000/$1,000,000/S1,000,000 0 WCUSLH US].on ,sitoreaaan A Same as Employers' u Harbor Wo�cea Act Liability WCJA Federal Jones Act Sane as EmployeW u Liability 0 E M T- 4- 0 0 CL CL E CN INSCXIST AdMninisaalian Iftudetim CN "7091 4 ; E c� Packet Pg. 798 --- : _. .. a r • rtV,. ,-,V.v.cVc a.vv,',_ t r,a 1 ■ Vrr li.G lY: 310.7 G.7G 3.y l0 C'NI.L. 19%[dita GENFRAt t_taArt lTY As a minimum.tha gequired general liability covenigeS will include: U) Blanketftemi PWuets and Completed Operations Contractual Personal Injury • Expanded Definition 9= Of Property Damogc 0 Required Limits: dL 1 S 100,000 per Person;$300,000 per Occturcnce $50.000 Property Damage or $300.000 Ctunbined Single Limit U) GL2 S?50,000 per Person;5500,000 per Occurrence $50.000 Property Damage 6 or 0 SS00.000 Combined Single Limit GL3 $500.000 per person;$1.000,000 per Occurmnce $100.000 Property Damage or 0 $1,000,000 Combined Single Limit U GL4 _k/ $5.(00.000 Combined Single Limit Required Fix orsement: 0 GLXCU Underground,Explosion and collapse(XCU) E GLLIQ Liquor Liability GLS Security Services All endorsements are required to leave the swim limits as the basic policy. 4- 0 0 CL CL CN INSCICL.ST Mmfaisastioa tosWpioe cN sr7W.2 s E c� Packet Pg. 799 Feb-07-01 04 :01P Risk Management 305 295 4364 P C.18.d I Wb 1:4111nil E MONROF; COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL X General Insurance Requirements o for Construction Contractors and Subcontractors Prior to the cornmencc n t of work governed by this contract(including the pre-staging of personnel and material) the Contractor shall obtain, at his/her own expense, insurance as specified in the attache schedules, which are made part of this contract. The Contractor will ensure tha the insurance obtained will extend protection to all Sub- 6 Contractors engaged by th Contractor. As an alternative the Contractor may require all o Subcontractors to obtain it surance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of rsonnel and material)until satisfactory evidence of the E required insurance has bee furnished to the County as specified below. Delays ill the E commencement of work,r suiting from the failure of the Contractor to provide U satisfactory evidence of th required insurance,shall not extend deadlines specified in U this contract and any penal ies and failure to perform assessments shall be imposed as if the work commenced on a specified date and time,except for the Contractor's failure to provide satisfactory evide e. 0 The Contractor shall maim in the required insurance throughout the entire term of this contract and any extension specified in an E s Pe y attached schedules. Failure to comply with this provision may result it the immediate suspension of all work until the required insurance has been reinstat d or replaced. Delays in the completion of work resulting E from the failure of the Con ractor to maintain the required insurance shall not extend deadlines specified in this 4 ontract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractors failure to maintain the req fired insurance. o The Contractor shall provide, to the County,as satisfactory,evidence of the required insurance,either: CL • CL Certificate of 1 trance Or E • A Certified cop of the actual insurance policy. The County,at its sole opti n,has the right to request a certified copy of any or all insurance policies required by this contract. C14 All insurance policies must specify that they are not subject to cancellation, non-renewal, N material change,or reduction In coverage unless a minimum of thirty(30)days prior notification is given to the 'ounty by the insurer_ AdmiWatratlon instruction 04709.2 C5 ltl C'. fi Packet Pg. 800 Feb-07-01 04 :01P Risk Management 305 295 4364 P C.18.d 19%F.lition The acceptance and/or ap roval of the Contractor's insurance shall not be eonstiued as relieving the Contractor 1' m any liability or obligation assumed under this contract or imposed by law. The Monroe County Boar of County Comtnissinners, ils employees and officials will be included as "Additional I ured"on all policies, except for Workers'Compensation. In addition, the County wi 1 be named as an Additional Insured and Loss Payee on ;ill 0 Policies covering County- wned property. o P Pe Y• Any deviations from these General Insurance Requirements must be requested in writing on the County prepared to entitled "Request for Waiver of Insurance E Requirements" and approved by Monroe County Risk Management, U) 0 CL 0 U CL 0 E E M T- 4- 0 0 CL CL E , cN , c� Administration lnstntction 04709.2 cy !1 � i C Packet Pg. 801 C.18.d (, BOARD OF COUNTY COMMISSIONERS MAYOR George Neugent,District 2 —_J �.r• r Mayor OUNTYSo �MON ROE �- y Pro temNora Williams,District 4 KEY WESTLORDA 33040 Charles"Sonny"McCoy,District 3 (305)294-464t Dixie Spehar,Districct 1 �Monroe County Risk Management Murray Nelson,District 5 5100 College Road ` Key West, FL 33040 •. - (305)292-4542 Voice (305)295-4364 Fax 0 FACSIMILE TRANSMISSION DATE: C II U) n FAX 0 FROM: RISK MANAGEMENT U A. AYNE ROBERTSON MARIA DEL RIO TELEPHONE #: (305) 292-4454 OR (305)292-4542 _ E LOCATION: 5100 COLLEGE ROAD E KEY WEST,FL. 33040 FAX#: 305) 295-4364 0 NUMBER OF PAGES INCLUDING COVER 0 PLEASE CONFIRM RECEIPT OF FAX WITH PHONE CALL IF CHECKED REMARKS: ` -�-t�-�---c�.�r—c-�— ;'�-c -•-�—.,-.�_. - 1, ,1 CN A � -c Cam. L CN Rev. 12/03/96 n ) E v��-- \�ir��-.,-V-�-�-v�--z•_J�_ti"�-s=_ti� ,�L--�—`�`-'�� ! cis \ J Packet Pg. 802 I � I � r C.18.d Upper Keys Community Pool,Inc. Timothy I Bricker,President 89 North Bay Harbor Drive Phone(305)852- Key Largo,Florida 33037 9259 Fax(305)852-6164 Email TBric52(dAOL.com U) m January 22,2001 Mr. Danny Kohlage Monroe County Clerk of Courts 0 ATTN: Belle VIA FAX RE:Community wi mmn Pnnl t n�cP a eYment Required Inance Covera�Q �' Dear Mr. Kohlage, It is our understandingthat the a o approved lease contains provisions for various types of insurance, 0 included as Exhibit D,as conditions of the lease. Fairlure to obtain them a a timely fashion can result in the lease being voided.They include: E Workmen's Compensation to the Statutory Limits and E WC1 Employers Liability$100,000/$500,000/$100,000 0 c, to be nro,,i ed by vendors sub fitting ,o osals for work It is assumed that this coverage must be included in a contract with a vendor prior to acceptance of that contract. 0 GL4 General Liability of$5,000,000 Combined Single Limit and P013 Vehicle Liability of$5,000,000 per Occurrence/$]0,000,000 Aggregate 0 to be provided by TJKCP�`before onenins the tw'mmina rx,nt anti rwl ted u l fac11 +Pt to the ic"(para. 7.a) 0 We are poised to sign a contract with the design-build firm selected to do the project,and would appreciate having the lease signed and recorded as soon as possible so that we may do so. If there are any further questions,please contact me at the number provided above,or at(305) 0 852-4844. 0 Sincerely, CL t T� J. "d tz (via fax) a J= o - �> Timothy J. Bricker C' _' 0 Qc)- t cz- 0 CZ) CN F= Fri ;:0 OCy E c� m Packet Pg. 803 DATE(P C.18.e AC"R" CERTIFICATE OF LIABILITY INSURANCE 10/17/2022 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. t� 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 O NAME: Regan Insurance Agency PHONEo (305)852-3234 FAX N Ext: 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 U Upper Keys Community Pool Inc,DBA:Jacobs Aquatic Center INSURER C PO Box 1994 INSURER D: INSURER E: O 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 INSURANCE 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 DAMAGE TO RENTED 100��Q CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ Excluded O Y aA PERSONAL&ADV INJURY $ , 000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 LM O CL PRO- 2,000,000 CL POLICY ❑JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: $ `tl' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ 09 B OWNED SCHEDULED Y CN0555044608 10/07/2022 10/07/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED NON-OWNED AUTOS ONLY X AUTOS ONLY Per PROPERTY DAMAGE $ CO) accident Combined single limit $ h UMBRELLA LIAB OCCUR ,�"I EACH OCCURRENCE $ "' EXCESS LIAB CLAIMS-MADE W _'. """ '"""' AGGREGATE $ C DED RETENTION $ g�,�py�, r// WORKERS COMPENSATION it+.N'�f'°i - ,,,� � ^^^^^^ "" u' ®� PER OTH- U AND EMPLOYERS'LIABILITY Y/N �? STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A N '" - -" "�" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? T . (Mandatory in NH) G L s[ L Fnly.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ t% C®1 t% DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CL X Community Pool Certificate holder is shown as an additional insured per policy forms,conditions,limitations and exclusions when required by contract 55 T_ CD CV) C°J CD CERTIFICATE HOLDER CANCELLATION N 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. U PO Box 100085 AUTHORIZED REPRESENTATIVE Duluth GA 30096 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 804 DATE(P C.18.e AC"R" 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. U) 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 O NAME: CL Brown&Brown of Florida,Inc. a/CNri Ext: (305)714-4400 a/c,No): (305)714-4401 8825 NW 21stTerrace E-MAIL Nancy.Munoz@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: Retail First Insurance Company 10700 O INSURED INSURER B: U Upper Keys Community Pool,Inc,DBA:Jacobs Aquatic Center INSURER C P.O.Box 1994 INSURER D: INSURER E: O 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 ADDLISUBRI TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ j DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ kp q� MED EXP(Any one person) $ IrIV"M II PERSONAL&ADV INJURY $ > O GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ L —„ POLICY El PE ❑ LOC """ '�' "^""' PRODUCTS-COMP/OP AGG $ CL OTHER: ,� tom/ � .._,- �,., $ ew AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT WANNWA �. _ (Ea accident $ 0) ANY AUTO W C �n>� BODILY INJURY(Per person) $ � OWNED SCHEDULED V BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS i LO HIRED NON-OWNED PROPERTY DAMAGE $ tw) AUTOS ONLY AUTOS ONLY Per accident N $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ CL DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EE AND EMPLOYERS'LIABILITY Y/N 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE Y N/A 0520-40062 10/03/2022 10/03/2023 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (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 $ t% t'J t% DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CL X Workers Compensation provides coverage for the state of Florida. 55 T_ CD CV) CN CD CERTIFICATE HOLDER CANCELLATION N 4i 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. U 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 Packet Pg. 805 ADDITIONAL COVERAGES C.18.e 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 0 0 Expense constant EXCNT CL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $160.00 E Ref# Description Coverage Code Form No. Edition Date f0 WC&Employer's liability WCEL CL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 0 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium E Ref# Description Coverage Code Form No. Edition Date ry 4- 0 Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium 0 CL CL Ref# Description Coverage Code Form No. Edition Date Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium �9 Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium CL U Ref# Description Coverage Code Form No. Edition Date Limit 1 it 2 Limit 3 Deductible Amount Deductible Type Premium N Ci Ref# Description Coverage Code Form No. Edition Date CL X Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium U Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium N N Ref# Description Coverage Code Form No. Edition Date U Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium ° rOFADTLCV Copyright 2001,AMS Services,Inc. Packet Pg. 806 C.18.e Additional Named Insureds Other Named Insureds Jacobs Aquatic Center Doing Business As U) O CL E E O U CL O E E M T- 4- O O CL CL L59 M t'J CL x 0 U M t'J t% CL x U M CN CN E U OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC Packet Pg. 807