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Item D24 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20,2006 Division: Public Works Bulk Item: Y es ~ No Department: Facilities Maintenance Staff Contact PersonlPhone#: Beth Leto/x4560 AGENDA ITEM WORDING: Approval of a Lease Agreement with the Archbishop of the Archdiocese of Miami concerning funding for improvements to the soccer field at St. Peters Church, Big Pine Key, Florida. ITEM BAtKGROUND: On June 21, 2006, the Board discussed the possibility of funding improvements to the soccer field located at St. Peters Church and directed that a project be included in the 2007 budget. The project was approved on September 20, 2006, as part of the FY07 Capital Improvement Plan. A lease needs to be in place prior to improvements being made. PREVIOUS RELEVANT BOCC ACTION: In 1991, the Board entered into a similar agreement where the County provided recreational improvements in exchange for the site being made available to the public. CONTRACT/AGREEMENT CHANGES: New fifteen-year agreement. STAFF RECOMMENDATIONS: Approval. TOTAL COST:$ 1 00,000 BUDGETED: Yes -X- No COST TO COUNTY: same SOURCE OF FUNDS: Infrastructure Sales Tax REVENUE PRODUCING: Yes No X AMO PER MONTH Year APPROVED BY: County Atty. _ OMBlPurchas' DOCUMENTATION: Included x Not Required_ DISPOSITION: AGENDA ITEM # Revised 2/05 MEMORANDUM DATE: December 1,2006 TO: Dent Pierce, Division Director Public Works FROM: Beth Leto, Asst. Director fi_ Q Public Works Division ~ RE: December 20th Agenda Item - Lease Agreement for St. Peter's Church soccer field improvements On June 21, 2006, the BOCC discussed Commissioner Neugent's agenda item to fund the re-grade and replacement of sod at the existing soccer field at St. Peter's Church, Big Pine Key. After discussion, the Board deleted the item and directed the County Administrator to include the project in the 2007 budget. The project is included in the FY2007 Capital Improvement Plan which was adopted at the final budget hearing on September 20, 2006. Prior to funding the improvements, a Lease Agreement needs to be approved and signed by both parties. The project worksheet prepared by the Engineering Division is attached and includes $100,000 for a sprinkler system on timers, approximately 80,000 sq. ft. of Bermuda 419 sod, and a chain link fence and trees along the west side of the field; labor for the site work, including installation of the sod, is to be done by volunteers. The improvement project will be managed by the Engineering Division. Please note that in 1991, the Board entered into a similar lease agreement for previous recreational improvements made at the Church in exchange for the site being made available to the public. bl attachment Monroe County Board of County Commissioners FY 2007 thru FY 2011 Capita. Improvement Program P . : CC0101 Tille: BIg PIne Socceer F'18kI Status: Proposed I Category: Fund 304 Culture & RecreatIon PrOject (,.:,0 Scl1~j\J!e of AC\l"llres Project ActMtie5 De5ignlEngineering DemollUon ConstJud/ol1 From . To 1 0106 - 09<<l7 10106 . 0lW7 10106 . 0Ml7 Amount 2,500 26,000 71,500 "leans 01 Flnanc,.,g Total Budglllary Cost &lirnate; 100,000 Funding Source One Cent Infrastructure Sales Tax Amount 100,000 100,000 o 711112006 Total Programmed Funding: Future Funding Requirements: GovMax MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contracts with: The Archbishop of the Archdiocese of Miami of Islands Effective Date: 10-01-2006 Expiration Date: 9-30-2021 Contract Purpose/Description: Lease Agreement concerning capital funding improvements for recreational facilities at St. Peter's Church on Big Pine Kev Contract Manager: Beth Leto (Name) 4560 (Ext. ) PW Mgmt. / #1 (Department) / Courier Stop for BOCC meeting on December 20, 2006 Agenda Deadline: 12/5/2006 CONTRACT COSTS Total Dollar Value of Contract: $100,000 Budgeted? Yes rgj No 0 Grant $ County Match: $ Current Year Portion: $100,000 Account Codes: 304-25000-560630-CC0701 560630 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr. For: (Not included in dollar value above) (e.g., maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW County Attorney Changes Needed .' YesO No&" YesO No{2(' YesO No~ YesO Norgj Date/out I~( 5; 0 fa lJ.1-Ob ~ 'I ~ Dr.!-- tEl} I~n Division Director ~ Risk Mana[ent ~ (}. -q{)p f'Ju.. ~ ~ 'O~.B.lPurc a~g /2....1./ -0& 11-9-2006 Comments: St. Peter's Lease 2006 LEASE AGREEMENT This Agreement is made and entered into by as ARCHBISHOP OF THE ARCHDIOCESE OF MIAMI, (LESSOR) and MONROE COUNTY (COUNTY or LESSEE), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040. WHEREAS, COUNTY is authorized by Section 125.01(1)(t), F.S. to provide public parks; and WHEREAS, the parties did, by a ten-year lease agreement dated October 9, 1991, provide for the County to install and maintain certain recreational improvements in exchange for the site being available to the public through a program of coordinated use; and WHEREAS, the County desires to revive said lease and is willing to make substantial improvements on the recreational areas of the property as consideration for said revival; IN CONSIDERATION OF the mutual promises and conditions contained herein, the PARTIES agree as follows: 1. SCOPE. The Parties shall revive a cooperative use of recreational facilities at St. Peter's Catholic Church, Overseas Highway, Big Pine Key, Florida. 2. TERM. A. Subject to and upon the terms and conditions set forth herein, this Agreement shall continue in force for a term of fIfteen years commencing as of the 1st day of October, 2006, and ending on the 30th day of September, 2021. B. The parties may extend this agreement after the expiration of the term described herein according to such terms and conditions as may be agreed to at the time of extension. 3. USE AND CONDITIONS. A. The LESSEE will, at its own cost, improve the soccer fIeld area of the recreational facilities installed pursuant to the agreement entered October 9, 1991, and as depicted on Schedule A, attached hereto, including the following projects: sod the soccer fIeld, install a sprinkler system, install a chain link fence and trees along the west side of the fIeld. B. The LESSOR shall continue the use of the recreational facilities pursuant to the cooperative use in Paragraph 3.E, and will, at its own cost, maintain the recreational area as it deems appropriate for said facilities, arising out of the use of the premises including but not limited to electricity, lighting, and water. The LESSEE shall have the responsibility of maintaining and paying for the cost of using all utilities and services which are installed on the premises by the LESSEE. 1 St. Peter's Lease 2006 C. The LESSEE does hereby agree to authorize and permit the LESSOR to retain title to the capital improvements paid and installed by the LESSEE on the property described in Schedule A upon termination of this Agreement. D. Installation of the sod, and any other mutually desirable improvements, shall be subject to the approval of the LESSOR, and the County building departments and appropriate agencies. E. The improvements installed by the LESSEE shall be developed and maintained for harmonious use of said area for the County recreational programs and shall be designed so as to minimize any conflict with St. Peters Catholic Church, and such design shall be subject to the approval of the Archbishop. F. The LESSEE, will assume all legal responsibility for maintaining the premises, and agrees to indemnify and hold harmless the LESSOR, the Archdiocese of Miami, and Saint Peters Church, for any liability arising out of the LESSEE's use, maintenance or use of said premises, and further agrees to defend any legal action brought against the LESSOR, the Archdiocese of Miami, or Saint Peters Church, arising out of the use or, maintenance of said premises. 4. RECORDS - ACCESS AND AUDITS. Both Parties shall maintain adequate and complete records for a period of five years after termination of this lease. Each Party, its officers, employees, agents and contractors shall have access to the Other Party's books, records, and documents related to this Agreement upon request. The access to and inspection of such books, records, and documents by the Parties shall occur at any reasonable time. 5. RELATIONSIDP OF PARTIES. The Parties are independent of each other and shall at no time be legally responsible for any negligence on the part of the Other Party, its employees, agents or volunteers resulting in either bodily or personal injury or property damage to any individual, property or corporation. 6. TAXES. The LESSEE is not subject to taxes and assessments. 7. INSURANCE. The parties to this agreement stipulate that LESSEE is a state governmental agency as defined by Florida Statutes and represents that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims under federal or state actions for civil rights violations, which are not limited by Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes Section 768.28 and Chapter 440, as well as any and all claims within the limitations of Florida Statutes arising out of the activities governed by this agreement. To the extent allowed by law, each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors and shall defend, indemnify and hold the other party harmless from all claims arising out of such actions. 8. HOLD HARMLESS. To the extent allowed by law, the LESSOR is liable for and must fully defend, release, discharge, indemnify and hold harmless the LESSEE, the members of the County Commission, County officers and employees, County agents and contractors, and the 2 St. Peter's Lease 2006 Sheriff's Office, its officers and employees, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the LESSOR's operations on the premises except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the LESSEE. To the extent allowed by law, the LESSEE is liable for and must fully defend, release, discharge, indemnify and hold harmless the LESSOR, its members, officers and employees, agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the LESSEE's operations on the premises except for those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole negligence of the LESSOR. The LESSEE's purchase of the insurance required under this Agreement does not release or vitiate its obligations under this paragraph. LESSEE does not waive any of its sovereign immunity rights including but not limited to those expressed in Section 768.28, Florida Statutes. 9. NON-DISCRIMINATION. The LESSOR and the LESSEEE, each for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of premises or in the contracting for improvements to the premises. The parties agree to comply with all Federal and Florida statutes, and allloca1 ordinances, as applicable, relating to nondiscrimination. 10. TERMINATION. Either party may terminate this agreement for cause after giving to the other party at least ninety days written notice of the breach, allowing the allegedly breaching party a period of forty-five (45) days within which to cure said breach. Failure to cure the breach shall be noticed by the terminating party in writing and provided to the breaching party at least twenty (20) days prior to the termination date. Should either party terminate the lease prior to its normal expiration of fifteen years, the LESSEE may remove the improvements or allow the LESSOR to pay a pro rata portion of the cost of improvements based on a straight-line 15 year amortization of the cost. 11. ASSIGNMENT. The LESSEE may not assign this Agreement or assign or subcontract any of its obligations under this Agreement without the written approval of the LESSOR. All the obligations of this Agreement will extend to and bind the legal representatives, successors and assigns of the LESSOR and the LESSEE. 12. SUBORDINATION. This Agreement is subordinate to the laws and regulations of the United States, the State of Florida, and the County, whether in effect on commencement of this lease or adopted after that date. 13. INCONSISTENCY. If any item, condition or obligation of this Agreement is in conflict with other items in this Agreement, the inconsistencies shall be construed so as to give meaning to those terms which limit the LESSEE's responsibility and liability. 3 St. Peter's Lease 2006 14. GOVERNING LA WSNENUE. This Agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this Agreement must be in Momoe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and costs. 15. ETIDCS CLAUSE. LESSOR warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision, the LESSEE may, in its discretion, terminate this Lease without liability and may also, in its discretion, deduct from the Lease or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift or consideration paid to the former County officer or employee. 16. CONSTRUCTION. This Agreement has been carefully reviewed by the LESSOR and the LESSEE. Therefore, this Agreement is not to be construed against any party on the basis of authorship. 17. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by certified mail to the following: LESSEE: County Administrator 1100 Simonton Street Key West, FL 33040 LESSOR: 18. FULL UNDERSTANDING. This Agreement is the parties' fmal mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement 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 authorized representative. (SEAL) ATTEST: ARCHDIOCESE OF MIAMI By: By: Archbishop (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Mayor/Chairman 4 Date