13th Amendment 05/17/2023 Kevin Madok, CPA ty Clerk of the Circuit Court& Comptroller Monroe Coun , Florida
DATE: Nlay 18, 2023
TO: Kei'M G. \Vllsoii, PE
Assistmit County Administrator
ATTN: Suzmine Rubio
1'Accutive A(Immistrator
FROM: Pamela G IjWI(41,6 1`)
SUBJECT: Nlav 17"' 130CC Meeillig
Attaclic(l is an c1ccti-onic copy oftlic 1`011owflig Item 1'()r youl- limidling:
C18 13" Amendment to Community Pool Iease Agreement wills tipper Keys
CoIIIIIIIIIIIty Pool, Inc., to extend die lease term oii a mowli-to-month basis not to exceed
September 30, 2023, to allow for substitute \Vater Salety Instructors III the unlikely event ofmi
abseiwe of one oftlie Comm, \N'atci- Sal'ety Instructors proiwle(l; to allow rcimburseniews WHI/or
assumption ofcei-truiii utility and Insurance expenses; mi(l allow the County to pei-loi-m some
upkeep, imuinteimce, rui(l i-epmirs lor the property knowii as Jacobs Aquatic Center located at Key
I.argo Commmilty Park.
Slioul(I you have any(Iticstims please Feel free to contact site at (305) 292-3550.
CC: County Xttoniev
FIMURT
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 3300 Marathon, Florida 3300 Plantation Key, Florida 33070
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,
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"UKC P")4
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
premises described as Section 33,Township 61 South,Range 39 East,Key Largo,Monroe County,
Florida, located on the edge of the Key Largo Community Park(hereinafter"Property"); and
WHEREAS, 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
related facilities pursuant to the Original Lease; and
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
WHEREAS,the initial term of the Original tease was from December 14, 2000, through
December ➢3, 2020, and
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
WHEREAS,on June ➢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
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 ➢sepia➢f of Monroe County, and then ratified
and approved by the Board of County Commissioners (BOCC) at its regularly scheduled meeting
on January ➢ , 2023, which extended the term to March 13, 2023, and
p
HE AS, in order to accommodate the Monroe County School Board sponsored
swimming program,the parties entered into a Twelfth Amendment to Community Swimming Poop
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 (l FP) and award of a contract, for Operation and Management Services of Jacobs
Aquatic Center-, and
WHEREAS,on February 15,2023,the Board agreed to increase the Parks and Recreation
Department budget to parovide Twenty Thousand and 00/1 00 ( 20,000..00) Dollars towards
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
WEE AS,UKC1P currently has lifeguard staff that are pled Cross Certified Wafter Safety
Instructors and able to serve as suabstitute Water Safety Instructors in case man unplanned absence
of one of the County supplied instructors-, and
WHEREAS, reimbursement of regular compensation for the substitaute Water Safety
Instructor(s) by the County to UKC1P, in the unlikely event a substitute was needed, would be
required-, and
WHEREAS, to accommodate for prarticipation of the County and UUCP in the new
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
Operation and Management Services ofJacobs Aquatic Center°, and
WHEREAS, the UKCIP will continue to provide its operational services at the Key Largo
community pool in this interim period, thereby offering otherwise unavailable pool recreational
opportunities for the residents of and visitors of the Upper keys-, and
WHEREAS, the additional extensions of the ]Lease Agreement beyond December 13,
2022, has caused a financial hardship on the UKC>P duce to unanticipated expenses including
insurance and utility payments past the initial expected expairation of the pease-, and
WHERE,AS, due to the public purpose served by the f.KC1P, the County desires to assist
the p. KC1P in paying certain insurance and utility charges until September 30, 2023, or the end of
this month-to month pease if earlier terrminated; and
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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
but not limited to, structural and mechanical repairs; and
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
current daily use and competition swim meets which are held at the facility utilizing the
competition pool and in particular the Orange Bowl Swim Classic held at the pool annually in
January; and
WHEREAS, in order to maintain the Jacobs Aquatic Center in good and sufficient
working order and in compliance with any applicable rules, standards, state laws, or regulations,
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
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
WHEREAS, it is anticipated that the repairs could require up to three (3) months to
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
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
to also perform any upkeep, maintenance, and repairs as necessary during this interim period in
order to ensure that the pools and accompanying facilities may continue to operate and be available
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 Swirn Classic; and
WHEREAS, the parties agree to enter into this Thirteenth Amendment prior to the
expiration of the current extended term set to expire on July 13, 2023; and
WHEREAS,the parties have found the Lease to be Mutually beneficial; and
WHERE,AS, both parties desire to amend the Lease.
NOW,THEREFORE,IN CONSIDERATION of the mutual covenants and agreements
herein contained, and other valuable considerations, the parties agree as follows:
1. Paragraph 2 of the Original Lease is amended to reflect that the term of the extended
term of the lease has been extended for an additional period with the new term to commence on
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.
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2. The County agrees that UKCP shall continue to lease the Property for the additional
term at no annual rental fee.
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
together with proof of payment to Suzi Rubio,the Parks and Beaches Department Budget Manager
(Budget Manager), at Rubio-Suzanne@MonroeCounty-fl.gov, for reimbursement by the County.
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
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
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
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
Thousand Three Hundred and 00/100 ($9,300.00) Dollars and that UUCP shall be responsible for
payment of utilities in excess of that amount, if any. UKCP may submit requests for
reimbursement of FKAA utilities or FKEC utilities incurred on or after June 1, 2023, through
September 30, 2023.
4. Insurance Payments., Certain insurance policies are set to expire prior to the
expiration of this Lease, as amended. These policies are as follows:
a. Flood - Hartford Fire Insurance Company, Policy No. 9905607408 - Expiring 7/l/2023;
b. Wind - Citizens Property Insurance Corp., Policy No. 00022688 - Expiring 6/30/2023-,
c. Commercial Fire - Great American Insurance Co of NY, Policy No. MAC 4292582 07
00 - Expiring 5/31/2023
If the County is able to provide insurance coverage for the Monroe County owned Jacobs Aquatic
Center facility under its current policies for Flood, Wind, and Commercial Fire, it shall provide
such insurance coverage at County expense, until the expiration of the lease or September 30,
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
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
September 30, 2023, or any earlier termination date.
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
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for the time period of May I" through 121h, 2023. UK.CP shall 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. and not to the employee.
Any such substitute Certified Water Safety Instructors provided by UKCP shall at all times and
for all purposes be an independent contractor and/or UKCP employee and not an employee of the
Board of County Commissioners of Monroe County.
6. Paragraph 4 of the Community Swimming Pool Lease Agreement, as amended,
shall be amended to add the following sentence as the last sentences of Paragraph 4-
The County may, at its own discretion, also provide for upkeep, maintenance and repairs
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 do so during 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 order and
available for public use prior to the expiration of UKCP's current lease term.
7. Paragraph 7a) of the Community Swimming Pool Lease Agreement, as amended,
shall be amended to add the following sentence as the last sentence of Paragraph 7a) and thereby
deleting the sentence within Exhibit D on page 8 prior to the Vehicle Liability insurance page.
The new sentence shall read as follows:
Individual insurance items in this Exhibit D may be deleted or amended by the County's
Risk Manager if rendered unnecessary or redundant by insurance obtained by UKCP
contractor(s), or SUbcontractor(s), or the County.
8. In all other respects, the Original Lease dated December 14, 2000, as amended, not
inconsistent herewith, remains in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and sea], the day and
ar 4vritten above.
BOARD OF COUNTY COMMISSIONERS
% T KEVIN MADOK, CLERK OF MONROFC(" FLORIDA
BY: BY:
As Dep6ty Clerk Mayor
UPPER KEYS COMMUNITY POOL., INC.
WITNESSES: A Florida Not for Profit Corporation
4z BY:_ I
Print Name: -�Wj'3�0e— Print Name: 04fVL%wj
Title:
Print Narne:
r-rj
MCNRCE COUNTY ATTORNEY'S OFFICE
D,AS TO M
PATRICIA EABLES
ASMTNIfflUNTY ATTORNEY
I
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