1st Amendment 08/15/2001
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
September 7,2001
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
Pamela G. Hanc~~
Deputy Clerk CY
FROM:
At the August 15, 2001, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Memorandum of Understanding between Monroe County and the Monroe County
Sheriffs Office concerning bank deposits for the Card Sound Toll Authority. Copy enclosed.
Amendment to Agreement between Monroe County and the Guidance Clinic of the
Middle Keys, Inc., increasing the monthly routine maintenance charge for use oftheir wastewater
treatment plant by the Marathon Detention Facility, from $300 per month to $500 per month,
retroactive to March 7,2001. Duplicate original enclosed.
Renewal Agreement between Monroe County and Sub Zero, Inc. for the Preventative
Maintenance Service Agreement for the kitchen refrigeration equipment located at the Monroe
County Detention Center in Key West. Duplicate original enclosed.
Renewal Agreement between Monroe County and Sub Zero, Inc. for the Central Air
Conditioning Maintenance and Repair for the Lower Keys Facilities. Duplicate original
enclosed.
Change Order No.1 between Monroe County and General Asphalt Company, Inc. for
Little Torch Roads III, in the increased amount of $83,520.40. Copy enclosed.
Public Works
Page 2
. Lease Amendment. between Monroe County and the Department of Juvenile Justice for a
/JUVenile Detention Facility. 'Enclosed are two duplicate originals execute on behalf of Monroe
County. Please be sure to return the fully executed "Clerk's Original" as soon as possible.
Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
Risk Management w/o documents
County Attorney
Finance
File
STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
Office of the General Counsel
November 9,2001
Monroe County Attorney's Office
Rob Wolf
502 Whitehead Street
Monroe County Courthouse Annex
Key West, Florida 33040
RE: Monroe County Lease Amendment
Dear Mr. Wolf:
Enclosed please find the executed Lease Amendment to the Monroe County Agreement. Please note that
a photocopy of the lease amendment must be attached to the Monroe County Agreement for execution by
the county commissioners. Also, since the original lease was recorded in the public records of Monroe
County the amendment must also be recorded.
If you have any further questions, please do not hesitate to contact me.
RLL/rmc
Cc: Mark Willis
With attachments
ROBERT N. SECHEN, GENERAL COUNSEL
2737 CENTERVIEW DRIVE TALLAHASSEE, FLORIDA 32399-3100
(850) 921-4129 fax (850) 921-4159
JEB BUSH, GOVERNOR vv. G. "BILL" BANKHEAD, SECRETARY
, .' MONROE COUNTY
. "
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CLERK1S ORIGINAL
WIL~ *1 26887 0
BKtl_741 PGt1592
HCD Nov 29 2001 10109AM
~ DANNY L KOLHAGE, CLRRR
Juvenile Justice Detention Facility
THIS LEASE AMENDMENT is entered into by and between Monroe COlJ1ty, a political
Subdivision of the State of Florida, hereafter Lessor, and the State of Florida, Department of
Juvenile Justice, hereafter Lessee. The effective date of this lease amendment is the date of the
last signature.
WHEREAS, July 8, 1999, the parties entered into a 50 year lease for certain property
located on Stock Island in the City of Key West, Florida, hereafter the original lease, to provide a
site where the Lessee could build and operate a juvenile detention facility for the Florida Keys; and
WHEREAS, subsequent to the date of the original lease, the parties have agreed that it
would be desirable if the lessor owned one story of the juvenile detention facility to be used for
any lawful public ptrpose use that the Lessor might determine; now, therefore
IN CONSIDERATION of the mutual covenants and promises set forth below, the parties
agree as follows:
1. Paragraph one of the original lease is hereby amended by the addition of the
following:
However, the Lessor reserves from the property described in Exhibit A, one story
in the detention facility building that is authorized by this lease. The story may be
utilized by the Lessor (or its designees, contractors, or agents) for any lawful public
purpose..
2. In all other respects the terms and conditions of the original lease remain in full
force and effect.
FILE ~1 2 6 B 8 7 0
BK# 1. 7 4 1 PG# 1 5 9 3
TNESS WHEREOF, the parties hereto have cause this lease amendment to be
s) and year written below..
L. ICOLHAGE, Q.ERIC
LESSOR: BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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was acknowledge before me this ~ #. day of
by G eo r..9 e.. N~v.J.e.,,, ~ . as
, who is personally known to me and who did take an oath.
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Notary Signature and Seal
(SEAL)
LESSEE: STATE OF FLORIDA,
DEPARTMENT OF JUVENILE JUSTICE
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Witness ,Mlfle.rlIv y, ll.oS's
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STATE OF FLORIDA
COUNlY OF LEON
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MY COMMISS\Oft I CC 912959
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FIL8 81 2 688 7 0
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EXIDBIT "A"
A parcel of land, formerly submerged in the Bay of Florida, and being part of the land
described in Trustees of the IntemaJ Improvement Trust FUnd 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 S37~4'37" W for a distance of 51 feet to the POINT OF BEGINNING of the
parcel herein beins described; thenceN53012'53" W foradistancc of35.03 fcelto a
point; thence N 42017'13" W for a distance of 60.8 I feet to a point; thence N 52004'48"
W for a distance of59.74 feet to a point; thence N 56017'08" W fora distance of81.09
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 of240.50 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 ~6t47" E for a distance of75.48 feet to a point; thence N45~6'47" 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 N53012t53" W for a distance of 17.69 feet back to the Point of Beginning.
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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 ofFloride,
hereinafter referred to as "LESSOR." The eff'ective dale of this lease shall be the date of the last sipalure.
WITNEssETH:
WHEREAS, the LESSOR bereby represents and warrants that the LESSoR is the owner in fee
,
simple absolute of the leased Site subject to convenants, conditions restrictions, casements and other
matters of record and is herewith providing a copy of the deed of record exhibiting fee simple title along
with a current cenified.aurvey of the Leased Site showing all matters of record pertaining to the Leased
Site.
NOW, THEREFORE. for and in consideration of the mutual covenants and agreements
hereinafter contained, LESSOR leases the Leased Site 10 LESSEE subject to the follOWing terms and
conditions:
I , DESCRIPTION OF SITE: The property subject to this Lease, is sihJated in the County
of Monroe and is more panicularly described in Exhibit A anached hereto and hereinafter referred to as
the "Leased Site".
2. !E!M: The tenn of this Lease shaU be for a period of Fifty (SO) years, commencing on
the last signature date of this Lease Agreement unless sooner tenninated 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 tenn set OUl 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.. Key West. FI. 33040. LESSOR'S Federal Identification Number is S'9-Ih~ 7lf? .
3. PURPOSE: LESSEE shall manaae the Leased Site only for the establishment and
operation of a Juvenile lustice Facility along with other related uses necessary for tho accomplishmcot of
this purpose. LESSEE may contract with a qualified Operator to run the juvenile justice program on the
Leased Site. Said Operator may. upon written authorization from the LESSEE, act as LESSEE's agent for
the purpose of enforcing the lenns of this Lease.
EXHIBIT A
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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.
s. 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
unauthorjzed use of the Leased Site or any use thereof not in confonnancc with this Lease. The LESSEE
shaD not pennit 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: LE~SOR or its duly authorized agents shall have the right
from time to time with reasonable advance notice to the LESSEE and OPERA TOR 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 Fonn immediately upon erection of any strUctures.
9. LIABILITY: Both LESSOR and LESSEE are agencies of the State of Florida, or
political subdivisions thereof. as defmed in Section 76&.2&. Florida Statutes (1995). 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 tenn 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 tonuous conduct of
their agents, employees, licensees, and invitees in the manner provided in Section 76&.2&. 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
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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 wil~ be borne by the LESSEE. LESSEE
additionally will be responsible for the utilities being turned off, but not removed, It the surrender of the
Leased Site.
, II. LAND DEVELOPMENT REGULA nONS: LESSEE win 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 caUtion and execution of such documents, petitions. applications and authorizations IS
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 nult ..
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 oflhe Leased Sile.
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 oflhis Lease.
IS. DUPLICATE 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 fixlUres, shall be constructed at the expense of LESSEE and shall
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remain die property of the LESSEE, as its interest may appear. LESSEE shall bave the right at any time
during LESSEE'S occupancy of the Leased Site to remove MY 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
tenn of this Lease Agreement, or MY renewal time period thereof. to remove, sell. demolish, or negotiate
with the LESSOR. for the purchase of MY existing improvements, either in part or whole.
17. CONSTRUCTION BY LESSEE AND GENERAL CONDmONS: LESSEE shall have
tbe right, at any time during the term of this Lease. to erect, maintain. alter, remodel, reconstmct, 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 pan 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 wlll not relieve the
LESSOR of any cxisting Icgalliability 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 shalllhis 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 rake wha~ever clean-up or abatement actions necessary and will return the Leased
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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, it 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
ot any claim against third persons or parties responsible for any costs ~t environmental damage and clean
up on the Leased Site during the term of this Lease AsreemenL
-.'
19. MAINTENANCE, REPAIRS AND DESTRUCTION OF IMPROYEMENTs: LESSEE
throughout the term 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 IS buildings and improvements on
the Leased Site. Such repair may also include stnJctura1 repair, if deemed necessary by the LESSEE.
LESSEE shaU 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 [fthe 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 replacemem 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.
t 9.2 Notice of cancellation within ninety (90) days after either of the above described
events OCCur, and theteupon this Lease shall terminate, 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 prognm.
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.
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21. WAIVER: The failure of LESSOR or LESSEE to insist in anyone or more instances
upon strictperfonnance of any one 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 foree
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 anc! signed by LESSOR or LESSEE.
22. CONOmONS 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 weJlIS
"covenants" as though the words specifically expressing or imparting covenants and conditions were used
in each separate provision.
23. ZONING: LESSOR hereby WamDts that the Leased Site is properly zoned for use IS 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 LA W: 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. AVAILABILITY 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 cenified 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.
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Notice to the LESSOR shall be addressed to:
State of Florida
County of Monroe
Monroe County Administration Office
Public Service Building
5 I 00 College Ave.
Key West, FL 33040
Notice to the LESSEE shall be addressed to:
Department of Juvenile Justice
Facilities Services
Koger Executive Center
Knight BuUdin& 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 oftbe following: Radon is a naturally occurring radioactive gas that, when it hIS
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 stale 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.
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In WITNESS WHEREOF, the parties have caused the Lease Agreemcnt-to be executed on the day and
year flfSt above written.
ArrEST:
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STATE 6F FLORIDA
COUNTY OF -::mctnJl-.D -
The foregoing instrument was acknowledge before me this ~-u...,
by LU....QJaQ~L"-A. . ~(U.LUI La as 'Nlc:u1lfi",
who tIC isI.. personally known to me and~ho did/(did not) take an oath.
My Commission Expires:
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Witness
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STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledge before me this ~ day 0
by ~i"-i~ J.RI4t"L"IJ/II . as
as is/are 1>'"",,""11]( IcnQlolIlD to me and who did! aid no ) take an oath.
My Commission Expires:
....~ Rlm.J ANN 1ANTZEN
:<:~;~;.:.\ My Comm E~p. j 2i30/9y
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Monroe County
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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 FUnd of the State of Florida
(11IF) 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 Rccords 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 S3']024'37" 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 of 35.03 feet to a
point; thence N 42017'13" W for a distance of 60.81 feet to a point; thence N 52004'48"
Wfor 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 of240.50 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 Soo18'31"E for a distance of 55.26 feet to a
point; thence N71~6'47" E for a distance of75.48 feet to a point; thence N45~6'4T' E
for a distance of 61.81 feet to a point; thence N34039'3T' E for a distance of 42.28 feet to
a point; thence N53012'S3" W for a distance of 17.69 feel back to the Point of Beginning.
COUNTY
!(ONROE . RECORDS
OFF1CIl\i.
9