Item N3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18, 2004
Division: County Administrator
Bulk Item: Yes
No -2L
Department: County Administrator
AGENDA ITEM WORDING: Approval of a lease with Habitat for Humanity of Key West and
the Lower Florida Keys, Inc. for the D & J Industries property on Big Pine Key.
ITEM BACKGROUND: The County is scheduled to close on the purchase of the D & J
Industries property on Big Pine Key on August 19, 2004. The proposed lease would allow
Habitat for Humanity to use the property for activities related to the provision of affordable
housing, including office, warehouse, surplus materials sales, and manufacturing. The lease
term is 15 years, the rent payment is nominal ($10 per year), and as tenant, Habitat for
Humanity will be responsible for paying all utilities. Additionally, the lease requires that
Habitat for Humanity repair and maintain the property, including repairing the building's
spa lied concrete and cleaning up the property's contaminated soil.
PREVIOUS RELEVANT BOCC ACTION: On July 14, 2004 the BOCC directed staff to
negotiate a lease with Habitat for Humanity and requested Commissioner Neugent to serve as
liaison.
CONTRACT I AGREEMENT CHANGES: N/ A
STAFF RECOMMENDATIONS: Discussion by the Board and action as deemed appropriate.
TOTAL COST: 1.NLA
COST TO COUNTY: .$ Nt A
BUDGETED: Yes _ No _
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No _ AMOUNT PER MONTH YR
APPROVED BY: County Atty --X- OMB/Purchasing --X- Risk Management _x_
DIVISION DIRECTOR APPROVAL: ~ Y. ~
James L. Roberts, County Administrator
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #-rJ3
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: +l'b:t..t~, ~",....:~ Contract #
Effective Date: FtlAA.. Ie U6'j
Expiration Date: ~~d I~' 1... 0 11
Contract Purpose/Description: f'J() <J'
LeASe. bt- l)~d .:t.y.ttt'L.(~+-v(t!~ 6",..;..
Contract Manager:
(V1. t:<o~t.h
(Name)
S J 2>0
(Ext. )
58
WA"~t"
(Department/Stop #)
for BOCC meeting on At{
Agenda Deadline: A
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
----
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director J>-l - <j -( YesO Nog--
Risk Management ~ ,..~-U((
O.M.B.lPurchasing 8!fktf
Date Out
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
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LEASE
This Lease is made and entered into this _ day of ,2004,
by MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, FL 33040 ("COUNTY"), and the
HABITAT FOR HUMANITY OF KEY WEST AND LOWER FLORIDA KEYS, INC,
a non-profit corporation of the State of Florida, whose mailing address is P.O.
Box 421003, Summerland Key, Florida 33042 (the "LESSEE).
WHEREAS, the COUNTY has determined that the availability of
affordable housing for persons in the work force is critically low; and
WHEREAS, LESSEE's mission includes assistance to disadvantaged
and low-income people in acquiring affordable home ownership; and
WHEREAS, the COUNTY owns a parcel of land situated on Big Pine Key
that includes the premises used hereunder and more particularly described in
Exhibit "A;" and
WHEREAS, the parties desire to enter into a lease for the LESSEE's
use of the COUNTY's premises as warehouse, office, outlet for sales of surplus
donations, and manufacturing facility; and
WHEREAS, the parties recognize that a primary purpose of the
COUNTY acquiring the premises was to be able to use the premises for the
staging of pre-disaster and post-disaster operations; and
WHEREAS, LESSEE and COUNTY have determined that this lease is in
the best interests of the public; now therefore,
The Parties hereto agree as follows:
1. PROPERTY. The COUNTY agrees to lease to LESSEE the improved
real property shown on Exhibit A, hereafter "the Premises." Exhibit A is
attached and made a part of this Lease.
2. TERM.
A. Subject to and upon the terms and conditions set forth herein, this
Lease shall continue in force for a term of fifteen (15) years commencing as of
the _ day of , 2004 and ending on the _ day of , 2019.
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B. Conditioned upon satisfactory compliance with the terms of this lease,
LESSEE may, at least sixty (60) days prior to the expiration of this lease,
request in writing that COUNTY renew the lease, either under the same terms
or modified terms, as the parties may agree.
3. USE AND CONDITIONS.
A. The Premises shall be used solely for the purposes of conducting the
LESSEE's activities related to the provision of affordable housing, including
warehouse, office, outlet for sales of surplus donations, and manufacturing
facility, and uses related directly thereto. No signs of any kind shall be
permitted except within the footprint of the Premises. If the Premises are
used for any other purpose, the COUNTY shall have the option of immediately
terminating this Lease. The LESSEE shall not permit any use of the Premises
in any manner that would obstruct or interfere with any COUNTY functions
and duties, or would, in any way, devalue, destroy or otherwise injure the
COUNTY property.
B. The LESSEE will further use and occupy the Premises in a careful and
proper manner, and not commit any waste thereon. The LESSEE shall not
cause, or allow to be caused, any nuisance or objectionable activity of any
nature on the Premises. Any activities in any way involving hazardous
materials or substances of any kind whatsoever, either as those terms may be
defmed under any state or federal laws or regulations or as those terms are
understood in common usage, shall strictly comply with all federal, state and
local laws. The LESSEE shall not use or occupy the Premises for any
unlawful purpose and will, at the LESSEE's sole cost and expense, conform to
and obey any present or future ordinance and/ or rules, regulations,
requirements and orders of governmental authorities or agencies respecting
the use and occupation of the Premises.
C. The LESSEE, through its agents and employees, shall prevent the
unauthorized use of the Premises, or any use thereof not in conformance with
this Lease. The LESSEE shall not permit the Premises to be used or
occupied in any manner that will violate any laws or regulations of any
applicable governmental authority or entity.
D. The LESSEE shall be solely responsible for operating and maintaining
the premises, including all repairs, renovations, utilities, security,
enforcement of rules and regulations, programs, transportation and any and
all other aspects of operations.
E. LESSEE shall annually provide COUNTY with Reports on housing
construction initiated, housing construction completed, placement of families
in completed housing, average use of materials storage space, as well as any
statistical reports which are prepared for and circulated to LESSEE'S
volunteers and donors.
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F. If the premises are used for any other purpose, without the County
Administrator's prior written consent, the COUNTY shall have the option of
immediately terminating this Agreement. The LESSEE shall not permit any
use of the premises, as described in Exhibit "A", in any manner that would
obstruct or interfere with any COUNTY functions and duties. Further, the
LESSEE shall not sublease any space or antenna use to any other entity.
G. The LESSEE will further use and occupy said premises in a careful and
proper manner, and not commit any waste thereon. The LESSEE will not
cause, or allow to be caused, any nuisance or objectionable activity of any
nature on the premises. The LESSEE will not use or occupy said premises for
any unlawful purpose and will, at their sole cost and expense, conform to and
obey any present or future ordinance and/ or rules, regulations, requirements
and orders of governmental authorities or agencies respecting the use and
occupation of said premises.
H. The premises and any building existing as of the inception of this lease
or constructed thereon by LESSEE shall provide storage and manufacturing
space only for HABITAT, and no other entities shall use said premises for any
purpose, without prior written consent of the COUNTY.
1. This lease and obligations of LESSEE hereunder are contingent upon
LESSEE receiving all permits, approvals and certificates necessary for
demolition, renovation new and construction of buildings which are to be
permanently located on the demised premises.. The LESSEE shall use the
Premises for the purpose of warehousing construction materials,
manufacturing or assembling modular homes or parts thereof, an
administrative office, related solely to the provision of affordable housing in
fulfillment of the LESSEE's corporate mission, and uses incidental thereto.
Prior to construction or renovation of any structure or installation of any
equipment on the premises, whether in an existing or newly constructed
building, the LESSEE shall obtain written approval, signed by the County's
Director of Public Works, of the specific construction or installation placement
within the Premises. All repairs, renovations, improvements (including new
construction), to and maintenance of the Premises shall be at LESSEE's sole
expense. The LESSEE acknowledges that the premises contain soil
contamination and one or more buildings with a number of defects, including
but not limited to concrete spalling. The LESSEE accepts the property in "AS
IS" condition, and shall make all de-contamination, repairs or other site
improvements necessary to obtain any permits from any regulatory agency.
COUNTY shall cooperate with LESSEE in any effort to obtain utility service
along said right of way by signing such documents or easements as may be
required by utility companies. LESSEE shall perform, at the sole expense of
LESSEE, all work required in the preparation of the property or premises
hereby leased for occupancy by LESSEE; and LESSEE does hereby accept the
leased property or premises as now being in fit and tenantable condition for
all purposes of LESSEE.
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J. LESSEE shall apply for any and all required building permits necessary
for construction, renovations, and other improvements to be permanent and
shall provide COUNTY with written notice of the commencement date within
ten (10) days preceding the commencement of construction by LESSEE and
which written notice shall become a part of this AGREEMENT.
K. No structure or improvements of any kind, whether temporary or
permanent, shall be placed upon the land without prior approval in writing by
the COUNTY Administrator, which shall not be unreasonably withheld, a
building permit and any permits required by law by any other agency, federal
or state. Any such structure or improvements shall be constructed in a good
and workmanlike manner at the LESSEE's sole cost and expense, except as
otherwise agreed herein. Subject to any landlord's lien, any structures or
improvements constructed by the LESSEE shall be removed by the LESSEE
at its sole cost and expense, by midnight on the day of termination of this
Lease or extension hereof, and the land restored as nearly as practical to its
condition at the time this lease is executed, unless the Board of County
Commissioners accepts, at the time delivery is tendered, in writing delivery of
the Premises together with any structures or improvements constructed by
the LESSEE. The LESSEE shall be solely responsible for obtaining all
necessary permits and paying impact fees required by any agency and any
connection fees required by any utility.
L. The LESSEE shall perform, at its sole expense, all work required in the
preparation of the property or Premises hereby used for occupancy by the
LESSEE except as otherwise provided in this lease.
M. COUNTY reserves the right to inspect the area and to require whatever
adjustment to structures or improvements as COUNTY, in its sole discretion,
deems necessary. Any adjustments shall be done at the LESSEE's sole cost
and expense.
N. Signage of any type shall comply with the County's sign regulations.
O. At any time that the Premises are needed by COUNTY for pre-disaster
and/ or post-disaster staging operations, LESSEE shall accommodate
COUNTY to the fullest degree possible. This shall include, when necessary,
but not be limited to, cessation of Single Family Residential manufacturing
and components assembly activity, consolidation of stored construction
materials as fully as possible to accommodate storage of materials by
COUNTY, and the like.
4. RENT. For the use of the Premises, the LESSEE must pay the
COUNTY the sum of ten dollars ($10.00) per year, due on the first day of the
contract year, payable in advance and remitted to Monroe County Clerk's
Office, 500 Whitehead Street, Key West, FL 33040.
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5. UTILITIES.
LESSEE shall be responsible for paying any and all costs of utility connection
fees, impact fees, effluent discharge units, or any other costs associated with
the placement of utility infrastructure to provide utility services to the
premises, and all monthly utility fees, such as water, electric, sewer,
telephone or cable television.
6. MECHANIC'S LIENS. The LESSEE shall not permit any mechanic's lien
or liens to be placed on the Premises or on improvements on it. If a
mechanic's lien is filed, it shall be the sole responsibility of the LESSEE or its
officer, employee, agent, contractor or other representative causing the lien to
be filed to discharge the lien and to hold harmless and defend Department of
Juvenile Justice, Monroe County Sheriffs Office, and Monroe County against
enforcement of such lien. Pursuant to Section 713.01, F.S. the liens
authorized in ch. 713, F.S. do not apply to the COUNTI.
7. RECORDS - ACCESS AND AUDITS. The LESSEE shall maintain
adequate and complete records for a period of four years after termination of
this Lease. The COUNTY, its officers, employees, agents and contractors shall
have access to the LESSEE's books, records, and documents related to this
Lease upon request. The access to and inspection of such books, records,
and documents by the COUNTY shall occur at any reasonable time.
8. RELATIONSHIP OF PARTIES. The LESSEE is, and shall be an
independent contractor and not an agent or servant of the COUNTY. The
LESSEE shall exercise control, direction, and supervision over the means and
manner that its personnel, contractors and volunteers perform the work for
which purpose this Lease is entered. The LESSEE shall have no authority
whatsoever to act on behalf and/ or as agent for the COUNTY in any promise,
lease or representation other than specifically provided for in this Lease. The
COUNTI shall at no time be legally responsible for any negligence on the part
of the LESSEE, its employees, agents or volunteers resulting in either bodily
or personal injury or property damage to any individual, property or
corporation.
9. TAXES. The LESSEE must pay all taxes and assessments, if any,
including any sales or use tax, levied by any government agency with respect
to the LESSEE's operations on the Premises.
10. INSURANCE.
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A. 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.
B. LESSEE shall, throughout the term of this lease, maintain insurance in
a minimum amount of One Million Dollars ($1,000,000.00) for bodily injury or
death to any One person or number of persons in anyone occurrence and not
less than One Million Dollars ($1,000,000.00) for property damage unless
waived or modified by County Risk Management per Administrative
Instruction 4709. The insurance policy (or policies) shall name Monroe
County as an additional insured.
C. If the insurance policies originally purchased which meet the
requirements of this lease are canceled, terminated or reduced in coverage,
then the LESSEE must immediately substitute complying policies so that no
gap in coverage occurs. Copies of current policy certificates shall be filed with
the COUNTY whenever acquired or amended.
11. CONDITION OF PREMISES. The LESSEE must keep the Premises in
good order and condition. The LESSEE must promptly repair damage to the
Premises. At the end of the term of this Lease, the LESSEE must surrender
the Premises to the COUNTY in the same good order and condition as the
Premises were on the commencement of the term, normal wear and tear
excepted. The LESSEE is solely responsible for any improvements to land
and appurtenances placed on the Premises. The LESSEE shall not commit
waste on the Premises, nor maintain or permit a nuisance on the Premises.
After termination or expiration of this Lease, the LESSEE shall pay the
COUNTY the cost of any repairs and clean-up necessary to restore the
Premises to its condition at the commencement of the Lease.
12. HOLD HARMLESS. To the extent allowed by law, the LESSEE is
liable for and must fully defend, release, discharge, indemnify and hold
harmless the COUNTY, the members of the County Commission, COUNTY
officers and employees, COUNTY agents and contractors, and the Sheriffs
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 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 COUNTY. The LESSEE's purchase of the insurance
required under this Lease does not release or vitiate its obligations under this
paragraph. The COUNTY does not waive any of its sovereign immunity rights
including but not limited to those expressed in Section 768.28, Florida
Statutes.
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13. NON-DISCRIMINATION. County and Contractor agree that there will be
no discrimination against any person, and it is expressly understood that upon a
determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on
the part of any party, effective the date of the court order. County or Contractor
agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination
on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975,
as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis
of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination
on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of
1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13,
Art. VI, prohibiting discrimination on the bases of race, color, sex, religion,
disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 11) any other nondiscrimination provisions
in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
14. TERMINATION. The COUN1Y may treat the LESSEE in default and
terminate this Lease immediately, without prior notice, upon failure of the
LESSEE to comply with any provision related to compliance with all laws,
rules and regulations. This Lease may be terminated by COUNTY due to
breaches of other provisions of this Lease if, after written notice of the breach
is delivered to the LESSEE, the LESSEE does not cure the breach within 7
days following delivery of notice of breach. The COUNTY may terminate this
Lease upon giving one hundred twenty (120) days prior written notice to the
LESSEE. Any waiver of any breach of covenants herein contained shall not be
deemed to be a continuing waiver and shall not operate to bar either party
from declaring a forfeiture for any succeeding breach either of the same
conditions or covenants or otherwise.
15. CESSATION OF HABITAT AFFORDABLE HOUSING OPERATIONS.
Upon the natural expiration or early termination of this lease, the operation of
a manufacturing facility, administrative office and storage warehousing shall
immediately be ceased and all improvements, equipment, and other
personalty of the LESSEE~ its officers, employees, contractors, agents,
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volunteers and invitees shall immediately be removed from the Premises. Any
damage to the Premises which has occurred due to the use contemplated
under this Lease shall be immediately repaired and the Premises restored to
its original condition, unless the Parties agree at time of cessation of
operations that the premises need not be repaired or restored due to other
benefits installed by LESSEE during term of lease. Should the LESSEE
determine to cease operation prior to the natural termination of this lease, the
LESSEE shall give COUNTY prior written notice of such intended cessation
sixty (60) days before the effective date of the cessation of operation.
16. ASSIGNMENT. The LESSEE may not assign this Lease or assign or
subcontract any of its obligations under this Lease without the approval of the
COUNTY's Board of County Commissioners. All the obligations of this Lease
will extend to and bind the legal representatives, successors and assigns of
the LESSEE and the COUNTY.
17. SUBORDINATION. This Lease 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.
18. INCONSISTENCY. If any item, condition or obligation of this Lease is
in conflict with other items in this Lease, the inconsistencies shall be
construed so as to give meaning to those terms which limit the County's
responsibility and liability.
19. GOVERNING LAWS/VENUE. This Lease is governed by the laws of the
State of Florida and the United States. Venue for any dispute arising under
this Lease must be in Monroe County, Florida. In the event of any litigation,
the prevailing party is entitled to a reasonable attorney's fee and costs.
20. ETHICS CLAUSE. The LESSEE 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 COUNTY 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.
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21. CONSTRUCTION. This Lease has been carefully reviewed by the
LESSEE and the COUNTY. Therefore, this Lease is not to be construed
against any party on the basis of authorship.
22. NOTICES. Notices in this Lease, unless otherwise specified, must be
sent by certified mail to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSEE
Habitat Executive Director
P.O. Box 421003
Summerland Key, FL 33042
23. FULL UNDERSTANDING. This Lease is the parties' fmal mutual
understanding. I t replaces any earlier leases or understandings, whether
written or oral. This Lease cannot be modified or replaced except by another
written and signed lease.
IN WITNESS WHEREOF, each party has caused this Lease to be
executed by its duly authorized representative.
(SEAL)
ATTEST:
DANNYL.KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
HABITAT FOR HUMANITY OF KEY WEST
AND THE LOWER FLORIDA KEYS, INC.
By:
~ /
-€-/ ~~
/<!",",C!S 't~''''Y'
1'JI..6>It/E,vr"
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EXHIBIT "A" TO LEASE
Parcel 1
TRACT no. 3, as per unrecorded sketch of Tropic-Island Ranchetts, Big Pine Key,
Florida and now particularly described by metes and bounds as follows:
On the island of Big Pine Key, Monroe County, Florida, begin at the center of
Section 26, Township 66 South, Range 29 East; thence run due Westerly 548.75
feet to the POINT OF BEGINNING; thence continue due Westerly 299.375 feet;
thence run due Southerly 160.0 feet; thence run due Easterly 299.375 feet; thence
run due Northerly 160.0 feet to the POINT OF BEGINNING.
Parceln
Easement for the purpose of vehicular and pedestrian ingress and egress as
reserved in Special Warranty Deed from Carnival Fruit Company, a Florida
corporation, to Bruce H. Seigal and Leda Grodsky Seigal, his wife, dated August 27,
1990, recorded August 27, 1990 in Official Records Book 1142, at Page 1544, of the
Public Records of Monroe County, Florida.
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MU\.I'-"'w-""'" ...-...- ......-.....-...--- -------
P;\COnlnlcll;\o&I Bid, Le~ to Habitat 8-3.doc
COUNTY:
County Ac.i.m41istrator
1100 Simontc;m Street
Key West, FL33040
LESSEE
Habitat Executive Director
P.O. Box 421003
SummerlandKey 1 FL 33042
23. FULL YNDERSTAHDING. This Lease is the parties' final mutual
understanding. It replaces any earlier leases or understandings, whether
written or or~. This Lease cannot be modified or replaced except by another
written and signed lease.
I
IN WIT:NESS WHEREOF, each party has caused this Lease to be
executed by its duly authorized representative.
(SEAL)
ATTEST:
DANNYL.KOL~GE,CLERK
By:
BOARD OF' COUN'IY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
By:
Deputy Clerk
Mayor I Chairman
(SEAL)
ATTEST:
HABITAT FOR HUMANITY OF KEY WEST
AND THE LOWER FLORIDA KEYS. INC.
By:
By:
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