Item C221:1171 N 1XI B[K111Jil>r_�'�lr17
AGENDA ITEM SUMMARY
Meeting Date:_
July
16, 2008
Division: _Community Services Division _
Bulk Item: Yes
X
No _
Department: Animal Control
Staff Contact Person: Debbie Barsell #4500
AGENDA ITEM WORDING:
Approval to enter into a two-year lease agreement with the Utility Board of the City of Key West to use
the decommissioned Big Pine Peaker generating site for animal control services.
ITEM BACKGROUND:
Lease for the decommissioned Big Pine Peaker generating site on Industrial Road, Big Pine, is for two
years, beginning on September 1, 2008 at an annual rent of one dollar ($1.00).
PREVIOUS RELEVANT BOCC ACTION: The Utility Board (Lessor) approved a twenty (20) year
lease with Monroe County (Lessee) on August 16, 1988, for the Lessee to operate an Animal Contol
Facility at the now -decommissioned Big Pine Peaker generating site on Industrial Road. The Lessee
was permitted to construct a 624 square foot CBS structure. The title to this structural improvement
was vested to the Lessor upon termination of the lease.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $2.00 BUDGETED: Yes X No
COST TO COUNTY: $2.00 SOURCE OF FUNDS: 21000-530340
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH NIA YEAR i.00
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included
Not Required To Follow X
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Utility Brd of Key West Contract #
Effective Date: 9/1/08
Expiration Date: 8/30/10
Contract Purpose/Description:
Lease with the Utility Board of Key West to use a portion of the property at 279
Industrial Road, Big Pine Key for animal control services
Contract Manager: Debbie Barsell 4500 Community Svcs/ #1
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 7/16/2008 Agenda Deadline: 7/01/2008
CONTRACT COSTS
Total Dollar Value of Contract: $ 2.00 Current Year Portion: $ 1.00
Budgeted? Yes® No ❑ Account Codes:-21000-530340- -_
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $1.00/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc
I Division Director
CONTRACT REVIEW
Changes
DaYe I / Needed
Yes❑ No[:]
Risk Manag mentt !-6VV6 Yes❑ NoW
Pj6- ) ,
O.M.B./Purcha' Jing '7 1 bf9 Yes❑ Noa
County Attorney (piaQ195
I Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
.7 110 C/-
�I�lo
LEASE AGREEMENT TO OPERATE ANIMAL CONTROL FACILITY
This agreement made this day of , 2008, between the Utility Board of the City of Key
West, Florida, a utility board created by a special Act of the Florida Legislature, its successors and assigns
(the "LESSOR") having an address of 1001 James Street, Key West, Florida 33040, and Monroe County,
Florida, a political subdivision of the State of Florida, its successors and assigns, having an address of 1100
Simonton Street, Key West, Florida (the "LESSEE"). In consideration of their mutual promises made here,
the parties agree as follows: WITNESSETH:
1. Premises and Term:
1a. LESSOR does hereby lease to LESSEE, according to the terms and provisions herein, a portion of the
property ("premises") located at 279 Industrial Road in Big Pine Key, Florida. (See `Exhibit -A" attached
hereto which contains the Site Drawing, "Exhibit-B" attached hereto which contains the Legal property
description), and "Exhibit-C" attached hereto which is a picture of the front view of the premises to be
leased.
1b. The initial term will be for two (2) years, beginning at midnight on the first day, which shall be on the 1"
day of September, 2008, and ending at midnight on the last day of the initial lease term, which shall be on
the 30"' day of August, 2010.
1c. LESSEE may also be granted two (2) additional one (1) year renewal terms. 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.
Id. If LESSOR decides not to extend this lease hereof as per paragraph 1(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.
Ze. SURRENDER OF PREMISES AT END OF TERM - Upon the expiration of the term hereof or sooner
termination of this lease as herein provided, LESSEE agrees to surrender and yield possession of the
demised premises peacefully and without further notice, and in good order and condition but subject to
ordinary wear and reasonable use thereof.
2. Rent: The rent to be paid by LESSEE to LESSOR in the first terra of this Lease Agreement shall be One
Dollar ($1.00) per year, which rental shall be payable on or before the I" day of September of every year as
long as this Lease Agreement remains in effect. Upon exercise of the option for additional lease terms, the
rent amount will also be re -negotiated pursuant to paragraph 1(c).
BOCC Animal Control Lease (062608) D8 1 of 10 6,12712008
3. Use of Premises:
3a. LESSEE agrees to use said premises only for animal control services. Said animal control services shall
only be performed in the following designated areas of the premises: office/spay neuter clinic with
bathroom, and kennels.
3b. LESSEE agrees to provide office space and bathroom for LESSOR. Additionally, LESSEE agrees to keep
premises in good condition and to enable LESSOR to "host" occasional educational tours of adjacent
property with a brief lecture/presentation in the office space preceding the tour. LESSOR will provide five
(5) days notice prior to any such educational tour.
3c. 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 other facilities must not be used for any other purposes other than that for which
they were constructed, and no foreign substances of any kind may be deposited in the facilities, and the
expense of any breakage, stoppage or damage 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 sole expense
during the term of this lease, all laws, rules, requirements, orders, directives, codes, ordinances and
regulations of governmental authorities and agencies and of insurance carriers which relate to LESSEE'S use
or occupancy of the premises. LESSEE must 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 with any other
lessees or neighbors to the premises.
3d. Upon reasonable notice, LESSOR or its authorized representative may enter the 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 of all the covenants, terms and conditions on LESSEE'S part to be observed and performed,
LESSEE shall peacefully and quietly hold and enjoy the subject premises for the term hereby demise 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.
S. Care and Maintenance of Premises:
Sa. LESSEE takes said premises in their present condition except for such repairs and alterations as may be
expressly herein provided.
Sb. LESSOR'S DUTY OF CARE AND MAINTENANCE — LESSOR will keep the roof, structural part of the floor,
walls and other structural parts of the building in good repair. LESSOR will be responsible for closing
shutters at LESSOR's discretion in the event of a storm watch or warning.
BOCC Aninial Conlrol Lease (062609) D4 2 of 10 W27/2003
5c. LESSEE'S DUTY OF CARE AND MAINTENANCE —
5cl. LESSEE shall, after taking possession of said premises and until termination of this lease and the actual
removal from the premises, at its own 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.
5c2. 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, water, heater, and plumbing, and to keep the
demised premises in good order, repair and condition.
5c3. 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.
50. LESSEE shall have the right during the term 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 approval by LESSOR shall not be unreasonably
withheld. All improvements remaining on the demised premises at the expiration or upon the termination of
the Lease Agreement shall become the property of LESSOR. If at the expiration or termination of this
agreement LESSEE wishes to leave the improvements on the property, LESSEE shall obtain written approval
from LESSOR. LESSOR has the sole right to reject the leaving of such improvements and require LESSEE to
remove improvements from the subject property. If LESSEE fails to remove the improvements that a)
LESSEE leaves on site and b) LESSOR requests removal; LESSOR shall have the sole 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.
5c5. LESSEE shall secure all windows, doors, and gates of the premises and shall lock all entrances and
openings to the premises after normal business hours. In the event of pending storm notifications, LESSEE
shall secure all windows, doors, gates, cages, and equipment stored on ground level of the premises and
shall lock all entrances and openings to the premises before vacating the premises when a "Watch" is issued.
Further, LESSEE agrees to notify LESSOR that storm preparations have been completed. Failure of the same
shall constitute a default of this Lease.
5c6. LESSEE will maintain a chain link fence along the boundaries of the demised premises. This fence shall
be of gauge and dimensions comparable to the fencing now in place. It shall be LESSEE'S responsibility and
obligation, during the term of this lease, to maintain said chain link fence in a state of good repair; that is,
said fence shall be maintained in an erect condition and free of gaps or holes so that it will, during the term
I30CC Animal Control Lease (062608) D8 3 of 10 6/27/2003
of this lease, serve its intended purpose of preventing or deterring trespassing or encroaching upon the
premises adjoining the demised premises along its southern boundary.
50. LESSEE has the right and privilege of attaching, affixing, or painting or exhibiting signs on the fence
surrounding the leased premises provided the signs describe the animal control services provided and the
hours of operation, and do not damage the fence.
6. Taxes: LESSEE agrees to pay all required county property or building taxes, sales taxes, licenses and
fees which may occur from time to time during the term of this Lease.
7. Governmental Requirements: LESSEE shall be required to obtain any required permits, variances
and/or special exceptions from all other authorities to operate this facility.
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 signing of this lease, LESSEE agrees without reservations, to the
insurance requirements specified herein.
9a. 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.
9b. 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.
9c. 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 Form (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:
General Aggregate $1,000,000.00
Products/Completed Operation $1,000,000.00
Personal and Advertising Injury $ 500,000.00
Each Occurrence $1,000,000.00
Fire Legal Liability Limit $ 100,000.00
9d. Property, Windstorm, and Flood Insurance: LESSEE will provide LESSOR with evidence of Property,
Windstorm, and Flood Insurance with limits of coverages based on the current replacement cost of the
structure.
BOCC Animal Control Lease (062608) DR 4 of 10 6!27/2008
9e. Certificate of Insurance: Before commencing work, LESSEE shall furnish LESSOR with a certificate or
certificates of insurance signed 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
cancellation or restriction of coverage.
9f. Additional Named Insured: The Utility Board of the City of Key West, Florida shall be included as an
additional named insured for the coverages above.
10. Utilities: LESSEE agrees to comply with all applicable County codes and proper use of, and to pay for,
the installation and use of electricity (account number - 8781609, meter number-36574), water (meter
number -- 65069648), sewer, solid waste, and other utilities to the subject premises. LESSEE shall be
responsible for all impact fees associated with utilities.
11. Observation of taws and Ordinances:
11a. LESSEE agrees to observe, comply with and execute promptly, at their expense, during the term
hereof, all laws, rules, requirements, orders, directives, ordinances and regulations and any and all
governmental 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 lawful occupation and operation.
11b. 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 same as if 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 costs, 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.
BOCC Aninial Control Luse (062608) D8 5 of 10 6.27/2008
14. Entire Agreement: This lease sets forth 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 binding, unless in writing, and signed by a duly authorized representative of LESSOR and
LESSEE.
16, Partial Invalidity: If any term, covenant or addition of this lease or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, insofar as is reasonable the
remainder of this lease, or the application of such term, covenant or condition to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall 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:
16a. 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 stored on the leased property.
161b. Construction and industrial activities that may cause soil, water, or air contamination are prohibited.
Any uses, other than animal control services, must be approved by LESSOR, in writing, prior to commencing
such activities on the leased property.
16c. 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.
17. Manner of Payment and Giving Notice:
Division Director, Community Services
Monroe County, Florida
1100 Simonton Street, Suite 2-257
Key West, Florida 33040
Utility Board of the City of Key West
General Manager & CEO
1001 James Street
Key West, Florida 33040
18. Indemnity and Hold Harmless: The LESSOR and 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.
BOCC Animal Control Lease (062608) D8 6 of 10 6.27!2008
IN WITNESS THEREOF, the parties hereunto executed this lease the day and year first written above.
ATTEST:
By:
Lynne E. Tejeda, as Secretary
ATTEST: DANNY L. KOLHAGE, CLERK
By:
As to the LESSOR:
UTILITY BOARD OF THE CITY OF KEY WEST, FLORIDA
By:
Lou Hernandez, as its Chairman
As to the LESSEE:
MONROE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF
FLORIDA
By: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA
By:
Mario Di Gennaro, as Mayor
as Deputy Clerk
MONROE COUNTY ATTORNEY
APPROVE S TO FORM:
CHRISTINE LIMBERT-BARROWS
ASSI TA�N Y ATTORNEY
Date
BOCC Animal Control Cease (062608) DR 7 of 10 6127i2003
Exhibit "A" — Animal Control Facility Big Pine Site Drawing
VM M;� ;M PMWW Uar
BOCC Animal Control Lease (062608) D8 801,10 6127!2008
Exhibit "B" — Legal Descri tion of PropgrU to be leased
The property to be leased is located on Big Pine Key in Monroe County, Florida and is described as follows:
A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 66 South, Range 29 East,
on Big Pine Key, Monroe County, Florida, and being more particularly described by metes and bounds as
follows; COMMENCING at the Northwest Corner of the Southwest Quarter, 1320 feet to the Northwest
Corner of Silas Knowles Subdivision, as recorded in Plat Book 1, at Page 61 of the Public Records of Monroe
County, Florida; thence bear East, 50 feet to the POINT OF BEGINNING of the parcel hereinafter described;
from said POINT OF BEGINNING, continue East, 280 feet; thence bear North, 70 feet; thence bear West,
280 feet; thence bear South, 70 feet, back to the POINT OF BEGINNING, containing 0.45 acres.
BOCC Animal Control Lease (062608) DS 9 of' 10 6,27/2008
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