15th Amendment 01/31/2024 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: February 6, 2024
TO: John Allen, Director
Parks & Beaches
Tammy Acevedo
Budget& Contract Specialist
Erika Nodal
Executive Assistant
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 31, 2024 BOCC Meeting
The attached item has been executed and added to the record:
C9 15th Amendment to the Upper Keys Community Swimming Pool Lease
Agreement to extend the lease pending approval from the State of Florida of the agreement with
the new Operations and Maintenance Contractor and providing that all necessary documents and
records will be provided to the County when the current Agreement is terminated.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FIFTEENTH AMENDMENT TO COMMUNITY SWIMMING POOL
LEASE AGREEMENT TO EXTEND LEASE
This Fifteenth Amendment to Community Swimming Pool Lease Agreement is made and
entered into this 31 st day of January,2024,between MONROE COUNTY,a political subdivision
of the State of Florida(hereinafter"County"), whose address is 1100 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"UKCP").
WHEREAS, on December 14, 2000, the County and UKCP entered into a twenty (20)
year Community Swimming Pool Lease Agreement (hereinafter "Original Lease"), 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, UKCP 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 Lease has now been transferred from the Facilities Maintenance
Department to the Parks & Beaches Department; and
WHEREAS, the initial term of the Original Lease was from December 14, 2000, through
December 13, 2020; and
WHEREAS,the parties have entered into several lease amendments extending the current
lease, as amended, on a month-to-month basis; and
WHEREAS, on February 15, 2023, in the Twelfth Amendment, the Board also agreed to
increase the Parks and Recreation Department budget to provide Twenty Thousand and 00/100
($20,000.00) Dollars towards resources for the Monroe County School Board sponsored
swimming program including staff and equipment for use at the Jacobs Aquatic Center; and
WHEREAS, on May 17, 2023, in the Thirteenth Amendment, to accommodate for
participation of the County and UKCP in the new Monroe County School Board sponsored
swimming program and to prepare the lease and management RFP, the parties extended the term
of the Lease Agreement, as amended, on a month-to-month basis, not to exceed September 30,
2023; and
WHEREAS, on September 20, 2023, in the Fourteenth Amendment, accommodate for
participation of UKCP in the Orange Bowl Swim Classic and to prepare the lease and management
RFP, the parties extended the term of the Lease Agreement as amended, on a month-to-month
1
basis, until selection of a new management contractor by the Monroe County Board of County
Commissioners; and
WHEREAS, the grant agreement associated with purchase of the parcel on which Jacobs
Aquatic Center is located required the State of Florida, through Florida Communities Trust(FCT)
to review and approve the final contract; and
WHEREAS,the County desires to extend the current lease, as amended, for an additional
term, on a month-to-month basis, until a new management contractor is selected by the County
and the State of Florida, through FCT, has approved the new contract as required by the grant
terms; and
WHEREAS, until such time as a new management contractor is selected by the County
and approved by the State of Florida,through FCT,UKCP will continue to provide its operational
services at the Jacob's Aquatic Center in this interim period, thereby offering otherwise
unavailable pool recreational opportunities for the residents of and visitors of the Upper Keys; and
WHEREAS, the parties agree to enter into this Fifteenth Amendment to clarify that
approval of the new contractor from the State of Florida is necessary prior to termination of the
current contract with UKCP; and
WHEREAS,the parties have found the Lease to be mutually beneficial; and
WHEREAS, 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:
l. Paragraph 5 of the Original Lease is amended to add the following section:
f) Availability of Records. The records of the parties to this Agreement relating to Jacobs
Aquatic Center, which shall include but not be limited to any and all accounting records;
subcontract files; original estimates; estimating work sheets; correspondence; change order files;
health department records; maintenance records and/or any other supporting evidence and/or
documentation deemed necessary by County or the Monroe County Office of the Clerk of Court
and Comptroller shall be open to inspection and subject to audit and/or reproduction by County's
representative and/or agents or the County Clerk. All records shall be kept for seven(7)years after
termination of the agreement. The County Clerk possesses the independent authority to conduct
an audit of Records, assets, and activities relating to this Project.. Any and all records provided or
created in connection with this Agreement are and shall remain property of the County. Upon
completion and/or termination of this Agreement, any and all records related to this Agreement in
possession of UKCP shall be delivered by UKCP to Monroe County Director of Parks and
2
Beaches, at no cost to the County,within seven(7) days. These provisions survive the termination
or expiration of this Agreement.
2. Paragraph 10 of the Original Lease is amended to add the following section:
d) County may terminate this lease immediately upon selection of a new management
contractor by the Monroe County Board of County Commissioners (BOCC) and approval of the
State of Florida of the agreement with the new management contractor. Upon approval of the
contract with the new management contractor; establishment of a start date for the new
management contractor; and written notice from Monroe County,UKCP shall have seven(7) days
to vacate the premises pursuant to the lease. Upon expiration of the seven-day time period,
Monroe County and/or the BOCC will have no further obligation to reimburse UKCP for any
obligations incurred after the termination date. The termination date shall be the date on which
written notice is given by Monroe County to UKCP. Such written notice may be given by
electronic mail and/or hand-delivery.
5. 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]
3
IN WITNESS WHEREOF, the parties have hereunto'set their hands and seal, the day and year
first written above.
c t"i>>�a L�7 vcaq`L y is a9•'„�;�,
.yn.,..a• �Aw V7,
;ggJhrf€rF At BOARD OF COUNTY COMMISSIONERS
1,';1 ? k���A` ESy '.i VIN MADOK, CLERK, OF MONI OE COUNTY;FLORIDA
416.144° BY:
L C {JJJJ�J
•7�ati'�;:Nti�eH r ,,,� �„}f✓• Rs.Vie• d5_ �®
As eputy Clerk Mayor
APPROVED AS TO FORM&LEGAL SUFFICIENCY
Monr e ounty Attorney's Office
= -ThAS)
N thalia Mellies Archer
Assi tant County Attorney
UPPER KEYS COMMUNITY POOL,INC.
WITNESSES: A Florida Not for Profit Corporation
BY:
Print Name: rl Print Name: me . x is..)
`�
Title:
Print Name: •
I it^o
r
oAitar�►.
...a,..y er., ..
4
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
11/08/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Lilliam Reyes
NAME:
Regan Insurance Agency PHONEo (305)852-3234 FAX
N Exf: C,No
(305)852-3703
A/C A/
90144 Overseas Hwy. E-MAIL Ireyes@reganinsuranceinc.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Tavernier FL 33070 INSURERA: Republic Vanguard Ins Co
INSURED INSURER B: Admiral Ins Co 03026
Upper Keys Community Pool Inc,DBA:Jacobs Aquatic Center INSURER C:
PO Box 1994
INSURER D
INSURER E:
Key Largo FL 33037 INSURER F:
COVERAGES CERTIFICATE NUMBER: 23-24 GL&Auto REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000
MED EXP(Any one person) $ Excluded
A Y CA000050199-01 10/07/2023 10/07/2024 PERSONAL&ADV INJURY $ 1,000,000
MOTHER
LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000
JECT: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
ANYAUTO BODILY INJURY(Per person) $
B OWNED SCHEDULED Y CN0555044609 08/31/2023 08/31/2024 BODI LY I NJ U RY(Pe r accide nt) $
AUTOS ONLY AUTOS
X HIRED �/ NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY X AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR APPROVED BY RISK MANAGEMENT EACH OCCURRENCE $
EXCESS LAB
CLAIMS-MADE BY _,; � w^, �a..,, ,. AGGREGATE $
DED I I RETENTION $ DATE 11�9�2O2J $
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITY Y/N WAIVER N/A YES STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ElN/A E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Community Pool
Certificate holder is shown as an additional insured per policy forms,conditions,limitations and exclusions when required by contract
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St.
AUTHORIZED REPRESENTATIVE
Key West FL 33040 �J ,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
Additional Named Insureds
Other Named Insureds
Jacobs Aquatic Center Doing Business As
OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC
DATE(MMIDD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
10/02/2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Maggie Palbicke
NAME:
Brown&Brown of Florida,Inc. a/cNr o Ext: (954)874-5508 a/c,No): (305)714-4401
8825 NW 21 st Terrace E-MAIL maggie.palbicke@bbrown.com
ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
Doral FL 33172 INSURERA: AmTrust Insurance Company 15954
INSURED
INSURER B
Upper Keys Community Pool,Inc, INSURER C:
DBA:Jacobs Aquatic Center INSURER D:
P.O.Box 1994 INSURER E:
Key Largo, FL 33037 INSURER F:
COVERAGES CERTIFICATE NUMBER: 23-24 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP
LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO TED
CLAIMS-MADE OCCUR -PREMISES Ea occurrence) $
MED EXP(Any one person) $
PERSONAL&ADV INJURY $
GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $
POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $
JECT
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
7 9r^ Ea accident
ANYAUTO )lyk II BODILY INJURY(Per person) $
OWNED SCHEDULED ,9 "" BODILY INJURY(Per accide nt) $
AUTOS ONLY AUTOS
HIRED NON-OWNED BY- - �rv� PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY �� Per accident
DA 11.13.23 a $
UMBRELLA LIAB OCCUR WAMM Kt ,, EACH OCCURRENCE $
EXCESS LAB CLAIMS-MADE AGGREGATE $
DED I I RETENTION $ $
WORKERS COMPENSATION X1
SPER TATUTE EORH
AND EMPLOYERS'LIABI LI TY Y/N 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
P` OFFICER/MEMBER EXCLUDED? ❑ N/A TWC4322541 10/04/2023 10/04/2024
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Workers Compensation provides coverage for the state of Florida.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
Insurance Compliance
AUTHORIZED REPRESENTATIVE
PO Box 100085-FX
Duluth GA 30096
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD