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06/09/1999 Agreement J;\annp 1... ltolbage BRANCH omCE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK Op. THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH omCE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM TO: James T. Hendrick County Attorney Attention: Jan Hotalen FROM: Ruth Ann Jantzen ,/jA 11 Deputy Clerk '! DATE: July 8, 1999 At the June 9, 1999 Regular County Commi~ion Meeting, the Board granted approval and authorized execution of a nfty year lease for $1.00 per year between Monroe County and the Florida Department of Juvenile Justice, for a site adjacent to the new Sheriff's Office and Jail on Stock Island, for a Juvenile Justice facility. Enclosed please find a fully executed duplicate original of the above Lease Agreement for return to the Florida Department of Juvenile Justice. H you have any questions regarding the above, please do not hesitate to contact this office. Enclosure cc: Fmance Sheriff Roth County Administrator, wlo document File STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE June 30, 1999 Mr. Rob Wolfe, Co. Attorney County of Monroe 502 Whitehead - 3rd Floor Key West, Florida 33040 RE: Land Lease Between Monroe County and the Department of Juvenile Justice Dear Mr. Wolfe; You will find enclosed two (2) originals of the above referenced Land Lease which were signed by Deputy Secretary Alarcon June 29, 1999. Please forward both originals to Mayor Harvey for signature at your earliest convenience and return one (1) fully executed original to me. Again, on behalf of the department, your assistance in the completion of this phase of making the new Monroe County Juvenile Detention Center a reality is greatly appreciated. d- m@~'~n~) &i ~ l.~ JUL a 8 1999 ,.,). ..' ) Lynda anyard Senior Land Acquisition Agent Enclosures Cc: C. Steven Casey, Assistant Secretary for Executive Services, DJJ, w/o attachment Doyle Stafford, Architect Supervisor, DJJ, w/o attachment Ken Mostyn, Construction Project Administrator I, DJJ, w/attachment 2737 CENTERVIEW DRIVE JEB BUSH, GOVERNOR TALLAHASSEE, FLORIDA 32399-3100 itv. G. "BILL" BANKHEAD, SECRETARY LAND LEASE AGREEMENT This lease is made and entered into between the State of Florida, Department of Juvenile Justice, hereinafter referred to as "LESSEE" and Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "LESSOR." The effective date of this lease shall be the date of the last signature. WITNESSETH: WHEREAS, the LESSOR hereby represents and warrants that the LESSOR is the owner in fee simple absolute of the Leased Site subject to convenants, conditions restrictions, easements and other matters of record and is herewith providing a copy of the deed of record exhibiting fee simple title along with a current certified survey of the Leased Site showing all matters ofrecord pertaining to the Leased Site. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter contained, LESSOR leases the Leased Site to LESSEE subject to the following terms and conditions: I. DESCRIPTION OF SITE: The property subject to this Lease, is situated in the County of Monroe and is more particularly described in Exhibit A attached hereto and hereinafter referred to as the "Leased Site", 2. TERM: The term of this Lease shall be for a period of Fifty (50) years, commencing on the last signature date of this Lease Agreement unless sooner terminated pursuant to the provisions contained within this Lease Agreement. The LESSOR hereby Leases to the LESSEE and the LESSEE hereby leases from the LESSOR the above described Leased Site for the term set out in this Lease and the LESSEE agrees to pay the LESSOR the sum of One Dollar ($1.00) per year which amount shall be rendered to the LESSOR at the Monroe County Administration Office, Public Service Building, 5100 College Road, Kev West, Fl. 33040, LESSOR'S Federal Identification Number is s'i -~'ll/-f 3. PURPOSE: LESSEE shall manage the Leased Site only for the establishment and operation of a Juvenile Justice Facility along with other related uses necessary for the accomplishment of this purpose. LESSEE may contract with a qualified Operator to run the juvenile justice pr~ram on the <:) c:::J \C .." Leased Site. Said Operator may, upon written authorization from the LESSEE, act as LE~~'~::.age~or ;::::: the purpose of enforcing the terms of this Lease. g;;::::. :=: gj (J' , 00;- en ..." c: :;.~:: _~ 0 ;.e: ;.....' ::." ::0 -I ,-..) :z::a :< CJ r- :Jt' ::0 ; ;-I~ 5.. iT1 r- C) C'") 1> ,.., C4 ~ CJJ 0 4. QUIET ENJOYMENT AND RIGHT OF USE: LESSOR warrants that it is seized of the Leased Site in fee simple absolute and has full right to enter into this Lease. LESSEE shall have the right of ingress and egress to, from, and upon the Leased Site for all purposes necessary to the full quiet enjoyment by said LESSEE or LESSEE's Operators, of the rights conveyed herein. 5. DELIVERY AND POSSESSION: Upon the execution of this Lease, the LESSOR shall deliver possession of the Leased Site to the LESSEE. 6, UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the unauthorized use of the Leased Site or any use thereof not in conformance with this Lease. The LESSEE shall not permit the Leased Site to be used or occupied in any manner which will violate any laws or regulations of the applicable governmental authority or entity. 7. RIGHT OF INSPECTION: LESSOR or its duly authorized agents shall have the right from time to time with reasonable advance notice to the LESSEE and OPERATOR to inspect the Leased Site and the works and operations thereon of LESSEE, in any matter pertaining to this Lease, 8. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain adequate fire and extended risk insurance coverage for any improvements or structures located on the Leased Site in amounts not less than the full insurable replacement value of such improvements by preparing and delivering to the Division of Risk Management, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon erection of any structures, 9. LIABILITY: Both LESSOR and LESSEE are agencies of the State of Florida, or political subdivisions thereof, as defined in Section 768.28, Florida Statutes (\995). The parties hereto agree that each shall be responsible for any and all claims, suits, actions, damages and/or causes of action arising during the term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the leased premises by reason or as a result of the negligence or tortuous conduct of their agents, employees, licensees, and invitees in the manner provided in Section 768.28, Florida Statutes (1995). Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768,28, Florida Statutes (1995), as amended from time to time, or any other law providing limitations on claims. 10. EASEMENTS: All easements including, but not limited to, utility easements are expressly prohibited without the prior written approval of LESSOR. Any easements not approved in writing by LESSOR shall be void and without legal effect. In order to provide for the more orderly 2 development of the Leased Site, it may be necessary, desirable, or required that right-of-way, street, utility lines and easements or licenses or similar rights be granted over or within portions of said Leased Site. LESSOR shall, upon request of LESSEE, join with LESSEE in executing and delivering such documents throughout the term of this Lease, as may be appropriate, necessary or required by any governmental agencies, public utilities, and companies for this purpose. LESSOR shall not unreasonably withhold its written approval for any such easement or utility and all expenses will be borne by the LESSEE. LESSEE additionally will be responsible for the utilities being turned off, but not removed, at the surrender of the Leased Site. 11, LAND DEVELOPMENT REGULA nONS: LESSEE will take all necessary efforts to obtain any subdivision Leased Site plan(s), environmental audits, or building approvals on or for the Leased Site, or any part thereof with which LESSEE may be required to comply. LESSOR agrees to assist the LESSEE in the creation and execution of such documents, petitions, applications and authorizations as may be appropriate or required to submit the Leased Site, or any part thereof, for the purpose of obtaining such approvals. If for any reason easements, land development regulations or environmental issues cause the proposed use of this Leased Site unusable for the LESSEE'S intended purpose this Lease shall be null .. and void. 12, EXPENSES: Unless expressly agreed to herein, expenses for obtaining approvals, plans, permits or other forms of authorization necessary to establish and operate a Juvenile Justice Facility shall be borne solely by LESSEE. LESSOR shall be without expense unless otherwise agreed to herein. 13, SUBLEASES AND ASSIGNMENT: The LESSEE, upon obtaining the written consent of the LESSOR, which written consent shall not unreasonably be withheld, shall have the right to sublet all or any part of the Leased Site, or to assign all or any part of the Leased Site. 14. SURRENDER OF LEASED SITE: Upon expiration, cancellation, or termination of this Lease, LESSEE shall surrender the Leased Site, to LESSOR. In the event LESSEE determines no further use of the Leased Site or any part thereof is needed, LESSEE shall give written notification to the LESSOR at least six (6) months prior to the release of any or all of the Leased Site or termination of this Lease. 15. DUPLICA TE ORIGINALS: This lease is executed in duplicate originals each of which shall be considered an original for all purposes. 16. PLACEMENT, REMOVABLE, AND OWNERSHIP OF IMPROVEMENTS: All buildings, improvements, signs and fixtures, shall be constructed at the expense of LESSEE and shall 3 remain the property of the LESSEE, as its interest may appear. LESSEE shall have the right at any time during LESSEE'S occupancy of the Leased Site to remove any equipment or buildings owned in, on or under the Leased Site acquired by LESSEE, It shall remain the option of the LESSEE during the initial term of this Lease Agreement, or any renewal time period thereof, to remove, sell, demolish, or negotiate with the LESSOR, for the purchase of any existing improvements, either in part or whole. 17, CONSTRUCTION BY LESSEE AND GENERAL CONDITIONS: LESSEE shall have the right, at any time during the term of this Lease, to erect, maintain, alter, remodel, reconstruct, rebuild, and replace buildings and other improvements on the Leased Site, and to correct and change the contour of the Leased Site, subject to the following conditions: 17.1 The cost and any fees related to any such construction, reconstruction, demolition, or of any change, alteration, or improvements shall be borne and paid for by LESSEE, 17,2 The Leased Site shall at all times be kept free from mechanics' and materialmen's liens relating to LESSEE'S construction on the Leased Site. 17.3 LESSOR may review and comment on the Leased Site plan for the operation of a Juvenile Justice Facility and shall receive a copy of same, The final Leased Site plan for the facility shall' be approved by the LESSOR. Said approval shall not be unreasonably withheld. 17.4 LESSOR shall be notified at the time of commencement of construction of any buildings on the Leased Site. 18. WASTE, HAZARDOUS MATERIALS AND ENVIRONMENTAL DAMAGE: This Lease is subject LESSEE's acceptance and approval pursuant to a level one environmental audit. Said audit shall be paid for by the LESSOR. 18,1 During the tenn of this Lease, LESSEE shall comply with all applicable laws and regulations regarding waste and hazardous materials effecting the Leased Site, breach of which might result in penalty on the LESSOR or forfeiture of the LESSOR'S title to the Leased Site. LESSEE shall not do, or suffer to be done, in, on or upon the Leased Site or as affecting the Leased Site, any act which may result in damage or depreciation of value to the Leased Site or any part thereof due to the release of waste or hazardous materials on the Leased Site. 18.2 LESSOR agrees that the lease of the property hereunder will not relieve the LESSOR of any existing legal liability for the environmental condition of the property and shall not be construed to limit the LESSOR's legal liability under any local, state or federal environmental law regulating waste and hazardous materials located on the property, nor shall this lease impose any of the LESSOR's existing legal liability for environmental cleanup on the LESSEE, its successors or assigns, If at any time during the term of this Lease any hazardous materials are discovered on the Leased Site LESSOR will promptly take whatever clean-up or abatement actions necessary and will return the Leased 4 Site to a condition which may be used for a Juvenile Justice Facility as contemplated herein. This section shall not be construed to impose any additional liability beyond that imposed by law upon LESSOR for costs of any clean up or abatement actions, if the conditions requiring said clean up or abatement are attributable to the use of the property by LESSEE, its agents or assigns. 18.3 Nothing in this section should be construed as a waiver by LESSOR or LESSEE of any claim against third persons or parties responsible for any costs ?f environmental damage and clean up on the Leased Site during the tenn of this Lease Agreement. 19. MAINTENANCE, REPAIRS AND DESTRUCTION OF IMPROVEMENTS: LESSEE throughout the tenn of this Lease, without any expense to the LESSOR, shall keep and maintain the Leased Site, including any buildings and improvements thereon, in good, sanitary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances, landscaping of grounds within the Leased Site as well as buildings and improvements on the Leased Site. Such repair may also include structural repair, if deemed necessary by the LESSEE. LESSEE shall also comply and abide by all Federal, State, Municipal and other Governmental Statutes, ordinances, buildings and improvements thereon, or any other activities or condition on or in the Leased " Site. 19.1 If the Leased Site is partially damaged by any casualty insurable under the LESSEE'S insurance policy, or its self-insurance program, LESSEE may at its option upon receipt of the insurance proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased Site, including buildings and improvements thereon: (a) are rendered wholly untenantable by reason of such occurrence or, (b) damaged, in whole or in part, to the extent of FIFTY PERCENT (50%) or more of the replacement cost on date of loss thereof, in the sole judgment of LESSEE, then in either of such event, LESSEE may repair the damage or choose not to repair the damage, LESSEE may upon 90 days notice to LESSOR cancel this Lease pursuant to this section. 19.2 Notice of cancellation within ninety (90) days after either of the above described events occur, and thereupon this Lease shall tenninate, and LESSEE shall vacate and surrender the Leased Site to LESSOR, In the event of such cancellation due to either of the above described events, the LESSEE shall receive proceeds from any policy of insurance or proceeds for the self-insurance program. 20. JURISDICTION: In the event of litigation between the parties with respect to this Lease, venue and shall be in the Second Judicial Circuit in and for Leon County, Florida. 5 21. WAIVER: The failure of LESSOR or LESSEE to insist in anyone or more instances upon strict performance of anyone or more of the covenants, terms and conditions of this Lease shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver of LESSOR or LESSEE of any one of the provisions hereof shall in any event be deemed to have been made unless the waiver is set forth in writing and signed by LESSOR or LESSEE. 22, CONDITIONS AND COVENANTS: All of the provisions of this Lease shall be deemed covenants running with the land included in the Leased Site, and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 23. ZONING: LESSOR hereby warrants that the Leased Site is properly zoned for use as a Juvenile Justice Facility, LESSOR shall not seek to prohibit, enjoin, or otherwise delay or inhibit use of the Leased Site as a Juvenile Justice Facility pursuant to any zoning code or regulation. 24. TIME: Time is expressly declared to be of the essence of this Lease. 25. GOVERNING LAW: This Lease shall be governed by and interpreted according to the laws of the State of Florida. This Lease was executed and shall be performed in the State of Florida. 26. SECTION CAPTIONS: Articles, subsections and other captions contained in this Lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Lease or any provisions thereof. 27. NOT CONSENT TO SUE: The provisions, terms or conditions of the Lease shall not be construed as a consent by the State of Florida or Monroe County to be sued because of said Lease or LESSEE's operation of a Juvenile Justice Facility as anticipated herein. 28. A V AILABILITY OF FUNDS: The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature, F,S, 255. 2502. 29. NOTICES: Any notice or demand given or made by a party hereto shall be in writing and shall be given by certified or registered mail sent to the other party at the address set forth below, or to such other address as such party may from time to time designate by notice. 6 Notice to the LESSOR shall be addressed to: State of Florida County of Monroe Monroe County Administration Office Public Service Building 5100 College Ave. Key West, Fl. 33040 Notice to the LESSEE shall be addressed to: Department of Juvenile Justice Facilities Services Koger Executive Center Knight Building, Suite 114 2737 Centerview Drive Tallahassee, Florida 32399-3100 30. RADON GAS: In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 31. ENTIRE UNDERSTANDING: This Lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of LESSOR and LESSEE. 7 ATTEST:-_, ~~.. LESSOR: ~~_~:~ _J6~~~A' ~~~.--..1\~ ~EAL) D~pu~lel - nj~'" Wilhelmina Harvey, Mayor V~~ ~ Monroe County W~ .f!:.~~) DATE----Mijq'l ~ ~ -t. In WITNESS WHERE year first above written '.', ;;tft.~~arties have'\used the Lease Agreement-to be executed on the day and .',"~." ..~/:..~.,., ~;b\,~, ~: . ., STATE OF FLORIDA COUNTYOF~&n~ ./ . The foregoing instrument was acknowledge before me this ~ tIv day of ~,h 001 ' 19-9.9' ' by lLSlO~DO~.... J4~nn-u~ ,as W\(1~<1"./ who tlIi is/lIIIe oersonally known to me a who did/(did n t) take an oath. My Commission Expires: J'~ 1 )"l.I I ,\ >: :'\ .f /\r< '1',/ i: I'.J rlAy ;_\lr:".~"'11'\~' )' \1,~'9 1 ;~\JrHjcl.i 1;\ S'~ i", lC ,,: I L3 t,(> ~\:) CC:~JJ(I.;. _~ ~. V,""",:'.,: (Serial Number, if any) i; '-,1:~(( j n ~rf2~ tf\. ~ y.. ~~ Wit:e~s 0 ~ LESSEE: STATE OF FLORIDA DEPT. F JUV ILE JUSTICE SEAL) DATE: '( STATE OF FLORIDA COUNTY OF LEON W The foregoing instrument was acknowledge before me this ~q day of ~,19 '1 t:j by F~nCiYD -:r. ft/a.rl"l) N, as k~ 6Pr re.-t:c r if :D TT , who as is/are personally known to me and who did/(did no take an oath. I My Commission Expires: ~~d-~ Notary Pic, ate of Florida Printed, typed or stamped name: /C... ~,\\\\\1I1l 1111',,1. ~"" ~,\\\n W. W. ~/I".... ~ ~O'l....... a/so ~ ~ Cj ..:~~\SSIOIV ~... ~ ~ ~ .0'" 2 20. '--/',0.. '::'r ~ .. CJ ~~'\ ' V.; ~. ~ ~ l~ ~.~ ~ :*: .... :*= %. 5 \ #CC828660 l iJ i ~~... ~ 8onded\il'" rJ- ."g~ ~~)- A.."~ Fa;n.lnsU\-:~..;.~v ~ ~ 11'8 ....... 0' ~ "'''''11 Ztc, Sit>."\\",'\; 111111111\1\\\\ (Serial Number, if any) 8 EXHIBIT "A" A parcel of land, formerly submerged in the Bay of Florida, and being part of the land described in Trustees of the Internal Improvement Trust Fiind of the State of Florida (TIIF) Deed Number 19725, and also being within the boundary of the land of the Monroe County Detention Center as described in Deed recorded in Official Record Book 1139 at page 2381 of the Public Records of Monroe County, Florida and being described more particularly by metes and bounds as follows: COMMENCE at point 29 as described in said Monroe County Detention Center Deed and thence S37024'37" W for a distance of 51 feet to the POINT OF BEGINNING of the parcel herein being described; thence N53012'53" W for a distance of35.03 feet to a point; thence N 42017' 13" W for a distance of 60.81 feet to a point; thence N 52004'48" W for a distance of 59.74 feet to a point; thence N 56017'08" W for a distance of 81.09 feet to a point on the Northeasterly extension of a Southeasterly face of the Detention Center building; thence S 33007'42" W, along the said Northeasterly extension and the said Southeasterly face, for a distance of 240.50 feet to the point of intersection with a Northeasterly face of the said building;; thence S 57018'38" E, along the said Northeasterly face of the said building and the Southeasterly extension thereof, for a distance of 174.65 feet to a point; thence N 50018'31"E for a distance of 55.26 feet to a point; thence N71 026' 47" E for a distance of75.48 feet to a point; thence N45026'47" E for a distance of 61.81 feet to a point; thence N34039'37" E for a distance of 42.28 feet to a point; thence N53012'53" W for a distance of 17.69 feet back to the Point of Beginning. 9