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.
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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.
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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