Item F18BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18. 2009 Division: Public Works
Bull: Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person/Phone #:John W. Kinal292-4531 .
AGENDA ITEM WORDING: Approval for the Boys & Girls Clubs of the Keys Area, Inc. to lease
the Stiolitz House for an amount of rent totaling S1.00 per year.
ITEM BACKGROUND: In August 2009, the Bays & Girls Cubs approached the County to use the
Stiglitz House for their alter school programs and youih activities art Big fine Key as tlieir current
location was no longer available.
PREVIOUS RELEVANT .BOCC ACTION: At the August 19. 2009 meeting, use of the Stiglitz
House by the Boys & Girls Clubs was discussed.. staff was directed to look into the possibility of the
Boys & Girls Cubs using the Stlglitz House and report the findings at the September meeting; at the
September 16, and October 21, 2009 meetings_ staff was directed to continue working with the Boys and
Girls Clubs in leasing the Stiglitz House.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: S -0- INDIRECT COST: BUDGETED: Yes _ No
DIFFERENTIAL OF LOCAL. PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year $1.00
APPROVED BY: County Atty U� IB/P«rchasin�� Risk h artagement
DOCUMENTATION: included X f Not Required
DISPOSITION:
Revised 7/09
AGENDA ITEM #
DATE: November 12009
TO: Dent Pierce, Division Director
Public Works
FROM: John W, King, Sr. Director
Lower Keys Operations
RE: Agenda Item - November 18. 2009 BOCC Meeting
Lease Agreement -- Boys & Girls Clubs of the Keys Area,
Inc. -Lease ofStiglitz blouse
In Augnst 2009, the Boys & Girls Clubs approached the Couny to use the Stiglitz House for their
after school programs and youth activities on Big fine Key as their current location was no longer
available.
Use of the Stiglitz House by the Boys & Girls Clubs for after school and summer programs has
been discussed at several BOCC meetings since they contacted the County. Staff has researched
zoning. safety issues, and renovation needs. etc. to make the building „habitable" for this type of
use, and the Boys and Girls Clubs Contacted an engineer who inspected cite premises and provided
a Written report as Io its condition and what .'ould need to be done to male it compliant for their
use.
The Bays and Gil -IS Clubs have said they will be responsible for all costs of' renovation and
acquisition of permit(s). perforn ance of maintenance, utilities, as well as any other related costs
Cor the day-to-day operation.
1 herebz request approval to execute a lease agreement with the Boys & Girls C�'lubs of €he Keys
Area. Inc. for the use of the Stiglitz louse to provide after school and SUMmer prooranns for tine
youth in the Big Piite Keyarea.
JWK1ibw
Fnclostlre
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
SUMMARY
ConcractlLease Boys& Girls Clubs or Contract #-
"ith the Keys Area, Inc Effective Date: 1 111$J09
Expiration Date:
ContrawLease Purpose,'Desc6ption:
Lease agreement with Boys & Girls Clubs for Stialitz House
Contract Manager: Jo B. Walters 4549 Facilities j M�Ont/Stpp
(Namej (Ext.) (DepartmentfStop
f&r_BOCC meeting on _I if) 8109 Agenda Deadline: 11/03109
CONTRACT COSTS / REVENUE
Total Dollar Value of Contract: S REVENUE Current Year Portion: SI.00
Budgeted? YesD No 0 Account Codes: %,
Grant: S N/A
County Match: S NJA
ADDITIONAL COSTS
Estimated Ongoing Costs: $jyr For:
(Not included in dollar value above) to maintenance, Wliliasjanitorlal. salaries, e
CONTRACT REVIEW
Changes
Date Out
Date In
Division Direcior
Risk Manq
' rnp
O.M.B1PuychKS 11
Needed eviewer
Yes[] NoO
YesE1 NOD i
Yes0 NoQ
County Attorney
eeso Nop
Comments:
OM13 Form RMSed 2JI-710 I MUP V2
LEASE AGREEMENT
BOYS & GIRLS CLUBS OF THE KE
MONROECOUNTY
THIS AGREEMENT made this 1Sth day of November, 2009, by and between Monroe County.
Florida, a political subdivision of the State of Florida, whose address is 1100 Simonton Street,
Key West, Florida, 33040 (Hereafter "LESSOR"), and the Boys & Girls Clubs of the Keys Area,
Inc.. a Florida 501c_3 not for profit corporation. whose address is 1400 United Street, Suite 108,
Key West, Florida 33040 (the: "LESSEE"). In consideration of their mutual promises made here,
the parties agree as follows: WITNESSETI l:
1. Premises and Term:
a. LESSOR does hereby lease to LESSEE, according to the terms and provisions herein.,
the property ("premises") located on Lot IC Big Pine Acres, an unrecorded
subdivision on Big Pine Key, Monroe County, Florida 33043, located oil property
described as follows:
Section 23, Township 66, Range 29, Big Pine Key, Big Pine Key Acres Tract IC,
as recorded in Official Record Book 797, Page 1839, Official Record Book 936,
pages 422-423 QIC, Official Record Boot: 11 36page 2053, Public Records
Monroe County, Florida
b. The initial terns xill. be for five (5) year(s), beginning the 18th day of November,
2009, and ending on the 17th day of November, 2014.
C. LESSEE may also be granted one (1) additional five (5) year renewal term(s). The
LESSEE must be in compliance with all lease terms and conditions as a prerequisite
to exercising the Option to renew, The LESSEE must provide to the LESSOR a
written notice of its intent to exercise said option at least sixty (60) days prior to the
expiration of the current Lease term. The re -negotiation of the Lease terms will
commence upon receipt of LESEE'S notice and. written consent of the LESSOR.
d. If LESSOR decides not to extend this lease hereof as per paragraph I c above,
LESSOR shall allow LESSEE sixty (60) days to vacate said premises, provided
however LESSEE shall be required to pay LESSOR the same equal monthly rent
installments during such sixty (60) day period.
Boys and Girls Clubs of (tic Keys Area. tne. November 2009
Stiglitz Property . I .
e. SURRENDER OF PRFMISES AT END OF TERM - Upon the expiration of the term
hereof or sooner termination of this lease as herein provided. Lf SSFIF agrees to
surrender and yield possession of the demised pۥeniises peacefully and Without
Further notice.. and in good order and condition but subject to ordinary wear and
reasonable use thereof.
Z. Rent. The rent to be paid by LESSEE to LESSOR in the furst term of this Lease
Agree€bent shall be One Dollar ($1.00) per year in exchange for renovating the building to inalce
it habitable for the Boys and Girls Club intended use. and performing, all routine maintemuice
during the term of this lease as more particularly described in paragraphs 3 and i below. Ltpon
exercise of the option for additional lease ternis. the rent amount may also be re -negotiated
ptu•suant to paragraph I c.
3. Use and Condition of Premises:
a. The:loys and Girls Club of Big fine. has an average daily attendance of 42 children
per day ranging in ages from 5 years to I years cold. The children are split into
groups and switched between inside: time.. outside time. hommork help. field trips.
etc. The Boys and Girls Clubs of the keys Area use a ratio of 10 children per one
staff member.
LESSEE agrees to use said premises oniv for cirganixed youth activities. after -school
care, and safe summer programs on a daily basis as foliows:
i. The Boys & Girls Club will use the M-litz House Monday -Friday during tiie
school year, with hours of operation from ?: i0_6:00 p.m. on normal after -School
days. When the school district has an eat•ly release day. hours of operation Will
begin at 11:30 a.m. and end at 6:00 p.m. During the school year when there is no
school, Christmas Break. Staring .Break, and during the summer months. the ,Boys
and Girls Club vv-ill operate fiorn 8:00 a.m. to 6:00 p.m. There will be NO
overnight activities, naps, or anyone residing oil the propemh
ii. Tide unenclosed downstairs area shall be used for outside arts and crafts. LESSEE
shall provide tables arid. chairs for use in the doww'nstairs area for the children to
paint. color. glue. etc.
Boys and Girls Clubs of the Keys Area. line. November 2009
Stiglitz Proper(}- _
i.ii. The rooms located upstairs will be used for a variety of activities, i.e. computer
room. homework room, and a t.v./movic room.
iv. flay areas will be the public county facility at Watson Park and the upland,
..cleared" areas only on the Stiglitz property. LESSEE will keep all children out
of the woods and the wetlands. The Boys and Girls Flubs of the Keys area will
apply for grants to secure new playground equipment for the existing playground
at Watson Field
ir. Prior to cotnmencement of operations. LESSEE vvill make all repairs necessary for
sale day-to-day operations as required by Monroe County Building Department and
the Monroe Counts] fire Marshal.
C. LESSEE must maintain the premises in good .repair and condition at all times.
including the interior and exterior of the premises. LESSEE must keep the premises
in a clean. sanitary. and safe condition at all times. The plumbing and rather facilities
must not be used for any other purposes other than that for which they were
constructed, and no foreign substances of any hind may be deposited in the facilities.
and the expense csl any breakage, stoppage or dattaage resulting from the violation of
this provision by LESSEE will be borne by LESSEE. LESSEE agrees to observe..
comply with, and execute promptly at its sale expense during the term of this lease.
all laws, rules, orders. directives, codes. ordinances. regulations. licensure and
inspection requirements of governmental authorities and agencies and of insurance
carriers which relate to LESSEE'S use or occupancy of the premises. LESSEE roust
not allow or cause the use of the premises in any way that constitutes either a public
or a private nuisance or in any way that unreasonably interferes tivith any rather lessees
or neighbors to the premises.
d. Upon reasonable notice. LESSOR or its authorized representative may enter tite
leased premises at any reasonable time for the purpose of inspecting the leased
premises or For performing the: LESSOR'S duty of care and maintenance.
4. Quiet Enjoyment: Upon the payment by LESSEE of the rents provided, and upon the
observation and performance cif all the revenants, terms and conditions on LESSEE'S part to be
observed and performed. LESSEE- shall peacefully and quietly hold and enjoy the sul?jecl
Boys, acid Girt. Clubs of ore Keys Area. laic. November 2009
Stiglitz Property - 3 -
premises for the term hereby demised without hindrance or interruption by LESSOR or any other
person or persons lawfully or equitably claiming by, through or under LESSOR, subject,
nevertheless, to the terms of the lease.
5. Care and Maintenance of Premises:
a. LESSEE takes said premises in its present condition in exchange for rent of $1.00 per
annum for the term of this lease.
b. LESSOR will be responsible for closing shutters at LESSOR's discretion in the event
of storm watch or warnino
C. LESSEE'S DUTY OF CARE AND MAINTENANCE —
i. LESSEE shall.. after taking possession of said premises and until termination of
this lease and the actual removal from the premises, at its ow-n expense, care for
and maintain said premises in a reasonably safe and serviceable condition, except
for structural parts of the building. LESSEE will furnish its own .interior
decorating. LESSEE will not permit or allow said premises to be damaged or
depreciated in value by any act or negligence of the LESSEE, its agents or
employees.
ii. LESSEE shall perform and be responsible for the cost of all structural renovations
or repairs required for Lessee's intended use. LESSEE shall perform and be
responsible for the cost of all repairs and/or maintenance necessary for all
"mechanicals" including, but not limited to, air conditioning, `vaer, heater, and
plumbing, and to .keep the demised premises in good order, repair and condition
during the terra of the lease.
iii. LESSEE agrees to keep faucets closed so as to prevent waste of water and
flooding of the premises and to promptly take care of any leakage or stoppage in
any of the water or waste pipes.
iv. LESSEE shall have the right during the terns of this Lease Agreement to
construct, re -construct, re -model, paint, decorate and re -decorate the leased
portion of the property; provided however, that all such improvements to the
demised premises by LESSEE shall conform to all applicable building codes.
regulations. and prior written approval from LESSOR is obtained, written
Bays and Girls Clubs of the Keys Area, Inc. Novennber 2009
Stidita Property - 4 -
approval by .LESSOR shall not he unreasonably withheld. All improvements
remaining on the demised premises at the expiration or upon the termination of
the Lease aMenient shall becot.ne the property of LESSOR. If at the expiration
or termination of this a-reement LESSEE wishes to leave the improvements on
the property, LESSEE shall obtai€r written approval from LESSOR. LESSOR has
the sole riz*ht to reject the leaving of such improvements and require LESSEE to
remove improvements from the sttL�ject property. It LESSEN fails to remove the
improvements that a) LESSEE leaves on site and b) LESSOR requests removal:
LESSOR shall have the sale right to remove LESSEE'S improvements from the
premises. LESSEE shall be responsible to reimburse LESSOR for all costs and
expenses associated with the removal and disposal of LESSEE'S personal
property and improvements.
v. LESSEN shall secure all whidows, doors. and gates of the premises and shall loci:
all entrances and opening to the premises after normal business hours. In the
event of pending storm notifications, LESSEE shall secure all windows, doors,
gates. and equipment stared (in .;round level of the premises and shall lock all
entrances and opezti€lOS to the. premises before vacating the premises when a
"Watch'.' is issued. 1-urther, LESSEE agrees to notify LESSOR that storm
preparations have been completed. failure of the sat2le shall constitute a cleiault
(if this Lease.
vi. LESSEE may attach, affix, or paint or exhibit signs on the fence surrounding the
leased premises provided LESSEE has obtained the required permits <tnd the signs
describe the services provided otter the hours of operation. and do not damage the
lc.nee.
6. Tax"- Where applicable, LESSEE agrees to pay all required cot€MV property iyr
buildirw, taxes, sales taxes. licenses and tees which may occctr from time to time during, the tern
of this Lease.
7. Governmental! Requirements: LESSEE shall be required to obtain any and all required
permits, variances and/or special exceptions from all authorities having jurisdiction over the
operation of this facility.
t3oys and Girls Clubs of lie Kegs Area. ine November 2009
Stiglitz Property - 5 -
8. Assignment and Subletting: This lease may not be sold, transferred, or assigned in full
or part without the written permission of LESSOR. Any purported assignment without such
prior written consent shall be null and void. LESSEE shall not have the right to sublet this lease
or any portion of this lease or property.
9. Insurance Requirements: By the sighing of this lease, LESSEE agrees without
reservations, to the insurance requirements specified herein.
a. The insurance provided by LESSEE pursuant to this lease shall apply on a primary
basis and any other insurance provided by LESSOR shall be excess of and not
contributory to the insurance provided by LESSEE.
b. LESSEE shall provide LESSOR with current proof of coverages required, in the form
of an original_ certified Certificate of Insurance properly signed by the authorized
agent of the insurance company. The insurance company must be authorized to
transact business within the State of Florida. The agent of the insurance company
must be licensed to sell the insurance coverages required under this Lease Agreement.
C. Commercial Insurance: The insurance shall cover those sources of liability which
would be covered by the latest edition of the standard Commercial General Liability
Coverage Fdrm (ISO Form CG 00-01) as filed for use in Florida without the
attachment of restrictive endorsements other than the elimination of medical
payments and fire damage legal liability. During the term of this Lease, except as
specifically provided herein. LESSEE shall provide and maintain, at his sole cost and
expense, the following insurance coverages with indicated limits of liability, are
mandatory under this Lease Agreement:
Workers` Compensation Statutory Limits
Employers' Liability Insurance S100.000 Bodily Accident
$500,000 Disease, policy limits
100,000 Disease. each employee
General Liability, Lease/Rental of
Property Owned by the County, $1,000,000 Combined Single Limit
including or
® Premises Operation $500,000 per person
® Blanket Contractual $1,000,000 per person
• Products and Complete Operations S 10 0. 000 per occurrence
• Expanded Definition of Property Damage
Bovs and Girls Clubs of ilie Keys Area, Inc. November 3049
Stiglit7 Property - G -
* Personal injury Liability
Participant Accident
Dire Legal Liability (with limits equal [o rair market value of the leased property)
Vehicle Liabilit-y- (Owned, Non -Owned
and hired Vehicles: Physical Damage ; 300.000 Combined Single Limit
Protection (if leased property is a ACV for Physical Damage
County -owned vehicle or
(Leases/Rentals of County -owned Property) $100,000 per person
3 00.000 per occurrence
$50.000 Property Darnage
d. Property. Windstorm. and flood Insurance: LESSL.b; will provide. LESSOR with
evidence of Property. Windstorm, and Flood Insurance with limits ofCoVera"es based
on the current rep1aeen1e11t cost of the str-itCture.
e. Certificate of Insurance: Before commencing work, LESSEE shall furnish LESSOR
with a certificate or certificates of instrr•ance sig ied by an authorized representative of
the insurer(s) evidencing the insurance required. The Certificates of Insurance shall
provide that the LESSEE shall endeavor to give notice prior to crurcellation or
restriction of coverage.
f. Additional Named Insured: The Monroe County Beard of County Conimissioners
shall be included as an additional named insured 1'or [lie coverages above.
10. Utilities. LESSEE agrees to comply with all applicable County codes and proper use of.
and to pay for, the installation (if required) and use of electricity, water. sewer, solid waste, and
other utilities to the subject premises. LESSEE shall be responsible for all impact fees associated
With utilities.
11. Observakion. of Laws and Ordinances:
a. LESSEE agrees to observe, comply with and execute promptly, at their expense,
during the term hereof, all laws, rules, requirements, orders, directives, ordinances
and relations and any and all govemniental authorities or agencies and of all
municipal departments, bureaus, boards and officials due to its Use or occupancy of
the subject premises, and to obtain and maintain during the term thereof any and all
certificates, licenses. and other documents necessary for Iawfui occupation and
operation.
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stiglitz Property -7-
h. This agreement shall be governed by and construed in accordance with the laws of the
State of Florida. In the event that any cause of action or administrative proceeding is
instituted for the enforcement or interpretation of this Lease Agreement, the LESSOR
and LESSEE agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida. The LESSOR and
LESSEE agree that, in the event of conflicting interpretations of the terms or a term
of this Agreement by or between any of them, the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. This
Agreement shall not be subject to Arbitration.
12. Defaults: In the event that LESSEE fails, within thirty (30) days after notice, to cure any
default of any obligations owed by LESSEE to LESSOR under this Lease Agreement then. in
that event, LESSOR shall have the right to terminate this Lease Agreement and to enter upon the
leased premises and again have, repossess and enjoy the saute as it this Lease Agreement had not
been made.
13. Attorney's Fees: Should any cause of action or administrative proceeding arise out of
this lease in connection with the enforcement or interpretation of this lease between LESSOR
and LESSEE. the prevailing party shall be entitled to reasonable attorney's fees, court casts,
investigative, and out-of-pocket expenses, as an award against the non -prevailing party.
Mediation proceeding initiated and conducted pursuant to this Agreement shall be in accordance
with the Florida Rules of civil Procedure and usual and customary procedures required by the
Sixteenth Judicial Circuit in and for Monroe County. Florida.
14. Entire Agreement.- `['his lease sets north all covenants, promises, agreements and
understandings between LESSOR and LESSEE concerning the subject premises. No
modification or waiver of terms of this Agreement shall be Minding. Unless in X%Titin-. and signed
by a duly authorized representative of LESSOR and LESSEE.
15. Partial Invalidity: If any teen, covenant or addition of this lease or the application
thereof to Any person or circumstance shall, to any extent, be invalid or unenforceable_ insoffzr as
is reasonable the remainder of this lease. or the application of -such terra. covenant or condition to
persons or circumstances other than those as to which it is held invalid or unenforceable, shall
Bovs and Girls [,hurls of the Kevs Area. lne November 2009
-stiglitr Property - 8 -
not be affected thereby and each term, covenant or condition of this lease shall be valid. and be
enforced to the fullest extent permitted by law.
16. Hazardous Materials:
a. No petroleum products or other potentially hazardous materials including, but not
limited to, oil -based paints, solvents, cleaners, or other chemicals, shall be used or
stared on the leased property.
b. Construction and industrial activities that may cause soil, water, or air contamination
are prohibited. Any uses, other than those stated herein, must be approved by
LESSOR, in writing, prior to commencing such activities on the leased property.
e. Solid Waste: No solid waste is allowed to accumulate on the leased property. A
distinction between storage of usable materials and accumulated solid waste will be
mutually agreed upon by LESSEE and LESSOR. LESSEE, at its own expense, will
maintain on the property a solid waste container, with an active disposal schedule,
which is large enough to handle any day-to-day refuse.
1.7. banner of Payment and Giving Notice:
As to LESSOR: As to LESSEE:
Public Works Division Director
Monroe County, Florida
1100 Simonton Street, Suite 2-231
Key West, Florida 33040
Boys & Girls Chubs of the Keys Area, Inc.
Daniel R. Dombroski, Executive Director
1400 United Street_, Suite 108
Key West, Florida 33040
18. ;INDEN1iNIlTY AND HOLD HARMLESS: The LESSOR and the LESSEE are covered
under F.S. 768.28. Each agrees to be fully responsible for acts and omissions of their agents or
employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of
sovereign immunity by any party to which sovereign immunity applies. Nothing herein shall be
construed as consent by either party to be sued by third parties in any matter arising out of this
Lease Agreement.
19. AD"IrCA.TION OF DISPUTES OR DISAGREEMENTS. LESSEE: and LESSOR
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stiglitz Property - 9
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
20. COO-PERATION. In the event any administrative or legal proceeding is instituted
against either parry relating to the formation, execution, performance, or breach. of this
Agreement, LESSEE and LESSOR agree to participate, to the extent required by the other party.
in all proceedings, hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. LESSEE and. LESSOR
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
21 NONDISCRIMINATION. LESSEE agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of competent
j urisdiction that discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order. LESSEE agrees
to comply with all Federal and Florida statutes, and all local ordinances. as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title V1 of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686). which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drub; abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3 ). as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VH1 of the Civil Rights Act of 1968 (42 USC s. et sett.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stiglitz Property - 10 -
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in
any Federal or state statutes which may apply to the parties to, or the subject matter of this
Agreement.
22. COVENANT OF NO INTEREST. LESSEE and LESSOR covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any manner
or degree vvith its performance under this Agreement, and that the only interest of each is to
perform and receive benefits as recited in this Agreement.
23. CODE OF ETHICS. LESSOR agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain infbmiation.
24. NO SOLICITATION/PAYMENT. LESSOR and LESSEE warrant that, in respect to
itself it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation., individual, or firm, other than a bona fide
employee working solely for it. any fee, commission. percentage, gift, or other consideration
contingent upon or resulting from the award or snaking of this Agreement. For the breach or
violation of the provision, the LESSEE agrees that the LESSOR shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
25. PUBLIC ACCESS. LESSOR and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stigl.itz Property
LESSOR and LESSEE in conjunction with this Agreement: and the LESSOR shall have the right
to unilaterally cancel this Agreement upon violation of this provision by LESSEE.
26. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28. —
Florida Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the
acquisition of any cone-nercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the LESSOR be required to
contain any provision for waiver.
27. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from
liability, exemptions from laves, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the LESSOR, when performing their respective
functions under this Agreement within the territorial limits of the County shall apply to the saute
degree and extent to tite performance of such functions and duties of such officers, agents,
volunteers. or employees outside the territorial limits of the County.
28. LEGAL OBLIGATIONS AND RESPONSIBILITIES; Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by lave except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, .nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to the
extent permitted by the Florida constitution, state statute, and case law.
29. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the LESSOR and LESSEE anree that neither the LESSOR nor the LESSEE or any agent, officer.
............
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stiglitz Property - 12 -
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
30. ATTESTATIONS. LESSEE agrees to execute such documents as the LESSOR may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
31. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of LESSOR in
his or her individual capacity, and no member, officer, agent or employee of LESSOR shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
32. SECTION READINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
33. MUTUAL REVIEW. This agreement has been carefully reviewed by LESSEE and
LESSOR, therefore this agreement is not to be construed against either party on the basis of
authorship.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLNAK.
Boys and Girls Clubs of the Keys Area., 'Inc. November 2009
Stiglitz Property - 13-
IN WITNESS WHEREOF. the parties hereto have been executed this Agreement as of the date
first written above_
Attest: DANNY L, KOLHAGE, CLERK
Deputy/Clerk
WITNESS
Signature
Print Name
WITNESS:
Signature
Print Name
BOARD OF COUNTY COMMISSIONERS
OF MONK COUNTY, FLORIDA
Mayor
BOYS & GIRLS CLUBS OF THE
KEYS AREA, INC.
Sigmattarp e
Print Name
Title
Address
Phone
Boys and Girls Clubs of the Keys Area, Inc. November 2009
Stiglitz Property - 14-