Resolution 595-1992
Monroe County Commission
RESOLUTION NO. 595 -1992
A RESOLUTION OF THE BOARD OF COUNTY CO~S-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZ-
ING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF KEY WEST AND
MONROE COUNTY, FOR THE USE OF DOUGLASS
COMMUNITY CENTER
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BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor is hereby authorized to
execute an Inter10cal Agreement, a copy of same being attached
hereto and made a part hereof, for the relocation of the County
Nutrition Program to the Douglass Community Center, 830 Emma
Street, Key West, Florida
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
9th
day of December, A.D. 1992.
Mayor London
Mayor Pro Tem Cheal
Yes
Yes
Commissioner Harvey
Yes
Commissioner Freeman
Yes
Commissioner Reich
Yes
(SEAL)
Attest: DANNY KOLHAGE, Clerk
By .oo..w e. ~
Deputy C e
BOARD OF COUNTY COMMISSIONERS
OF MQ ~UNTYt FLORIDA
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viexecute
RESOLUTION NO.
92-514
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION
OF AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF KEY
WEST AND THE COUNTY OF MONROE, FLORIDA; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Key West and Monroe County wish to enter
into an agreement to allow for the relocating of the County
Nutrition Program to the Fredrick Douglass Community Center;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the
City of Key West, Florida, as follows:
section 1. The attached Interlocal Agreement between the City
of Key West and Monroe County is hereby approved and the City
Manager is hereby authorized to execute the Interlocal Agreement on
behalf of the City of Key West.
section 2. This resolution shall go into effect immediately
upon its passage and adoption and authentication by the signatures
of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission this 17th day of
November
1992.
ATTEST:
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DENNIS J. WARDLOW, MAYOR
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~o EPHINE PARKER, CITY CLERK
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orj_g,l~18..1 en i~}c 5n this of~<?jce.
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INTERLOCAL AGREEMENT FOR COUNTY USE
OF DOUGLASS COMMUNITY CENTERS
M C t R N 92-514
onroe oun yes. o.
Key West Res. No. 595-1992
THIS INTERLOCAL AGREEMENT entered into this 9th
day of
December
1992. between the CITY OF KEY WEST.
FLORIDA. whose address is 525 Angela Street. Key West. FL 33040
("City"). and the BOARD OF COUNTY COMMISSIONERS OF MONROE 'COUNTY.
FLORIDA. 500 Whitehead Street. Key West. FL 33040 ("County").
WHEREAS. City and County are authorized. pursuant to
Sections 125.01(1)(p). 163.01 and 166.021 Florida Statutes, to
enter into inter local agreements to provide services and facil-
ities; and
WHEREAS.
County has the power. pursuant to Section
125.01(1) (e), Florida Statutes. to provide health and welfare
programs; and
WHEREAS, County has determined that it is in the best
interest of the County to relocate its Nutrition Program (Congre-
gate Meals) Key West site to new facilities; and
WHEREAS. City has available appropriate space at Douglass
Community Center. 830 Emma Street. Key Wes t, FL 33040; now.
therefore.
IN CONSIDERATION of the mutual covenants below:
1. Purpose of Agreement The purpose of this agreement is
to define the respective rights and obligations of City and
County under this Agreement relative to provision of premises at
Douglass Community Center to be used and occupied by County for
administration of Nutrition Program (Congregate Meals) and activ-
ities related thereto.
2. Term and Termination The agreement shall begin the
first day of December,
1992,
and continue through such
termination date as either party may elect, provided that the
terminating party gives at least thirty (30) days written notice
.
to the other party prior to the effective date of termination.
This agreement may be terminated without cause and without right
of recourse when thirty (30) days written notice has been
properly given.
3.
Premises
City does lease unto County for the term
above stated the premises known as Unit No. One of Douglass
Community Center, 830 Emma Street, Key West, FL 33040, space
containing 1,435 square feet.
4. City Use of Space Let to County No compensation shall
be paid by County to City as rent. City has the right to use
premises after County's service hours (Monday through Fridays,
9:30 AM to 1:30 PM), and on certain holidays, pursuant to
pre-arrangement between each party's designee for notice (See
paragraph 14), for public meetings and City functions, in ex-
change for the letting of premises.
5. Modifications and amendments Any and all modifications
and amendments of this agreement shall be approved by the Board
of County Commissioners for Monroe County and by the City Commis-
sion for the City of Key West and in writing. No modification or
amendment shall become effective until approved in writing by
both parties.
6.
Assip;nment
County shall not assign this agreement,
except in writing and with the prior written approval of City,
which approval shall be subject to such conditions and provisions
2
as City may deem necessary. This agreement shall be incorporated
by reference into any assignment and any assignee shall comply
with all of the provisions herein, unless expressly provided
otherwise in an amendment authorizing such assignment. Unless
expressly provided for therein, such approval shall in no manner
or event be deemed to impose any obligation upon either party in
addition to the covenants and promises contained herein.
7. Fixtures All additions, fixtures, or improvements
which may be made by County, except moveable furniture, equipment
and appliances, shall become the property of City and remain upon
the premises as a part thereof, and be surrendered with the
premises at the termination of this lease. All moveable furni-
ture, equipment and appliances installed or placed by County in
premises shall remain the property of County and the County shall
remain solely responsible for any loss or damage to such property
except for loss or damage arising from negligence on the part of
the City or its agents.
8. Legal Compliance Parties shall comply with all feder-
al, state, and local statutes, ordinances, rules, orders, regu-
lations and requirements related to the lease of premises under
this agreement, and abatement of nuisances or other grievances
in, upon or connected with said premises during the term of this
agreement. County shall comply with all rules, orders and
regulations of Southeastern Underwriters Association for
prevention of fires with respect to its use of and placement of
items on the premises at County's own costs and expense. County
shall notify City promptly of any apparent structural defects
which may violate rules, orders and regulations for prevention of
3
fires, which City shall correct forthwith.
9. Destruction of Premises In the event that premises
shall be destroyed or so damaged by fire or other casualty during
the life of this agreement, whereby the same shall be rendered
untenantable for the purposes for which premises are leased, then
either party may terminate this agreement, effective immediately,
or both may renegotiate the terms of a new agreement or of an
amendment hereto.
10. Termination for Cause Either party may terminate this
agreement upon the material breach of covenants and conditions by
the other party upon five (5) days written notice to the other
party. A material breach is a violation that requires the
non-violating party to contact law enforcement authorities or
expend in excess of $1,000 in correcting in order to continue
peaceful enjoyment of premises for permissible purposes.
11. Waiver Any waiver of any breach of covenants herein
contained to be kept and performed by either party shall not be
deemed as a continuing waiver and shall not operate to bar or
prevent either party from declaring a forfeiture and termination
for any succeeding breach either of the same conditions or
covenants or otherwise.
12. Right of Entry City or any of its agents shall have
the right to enter the premises during all reasonable hours, to
examine the same, to make such repairs, additions or alterations
as may be deemed necessary for the safety, comfort, or preserva-
tion thereof or of said building, or to exhibit said premises and
to put or keep upon the doors or windows thereof a notice "FOR
RENT" at any time within thirty (30) days before the properly
4
noticed termination of this agreement. The right of entry shall
likewise exist for the purpose of removing placards, signs,
fixtures, alterations, or additions, which do not conform to this
agreement, or to the rule and regulations of the building.
13. Condition of Premises County hereby accepts the
premises in the condition they are in at the beginning of this
agreement and agrees to maintain said premises in the same
condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from
the use thereof under this agreement, and to make to good to City
immediately upon demand, any damage to water apparatus, or
electric lights or any fixture, appliances or appurtenances of
said premises, or of the building, caused by any act or neglect
of County, or of any person or persons in the employ or under the
control of County. Upon termination of the agreement, County
shall remove all moveable furniture, equipment and appliances
installed and return the sites of installation to their original
condition at the beginning of the term of this agreement.
14. Water Damage City shall be liable for only such water
damage as may be sustained by County through the carelessness,
negligence, or improper conduct on the part of City or its
employees, but shall not be liable for any damage or injury by
water, which may be sustained by County or any other person
resulting from the carelessness, negligence, or improper conduct
on the part of County, its agents or employees.
15. Notice and Keys Any written notice required under this
agreement shall be made by each party to the other as follows:
5
For City:
Ron Herron
525 Angela Street
Key West, FL 33040
For County:
Moni Garrido
Social Services
1315 Whitehead Street
Key West, FL 33040
The above-specified persons shall have full responsibi1ity
for all keys providing access to the premises. City shall have
five (5) keys. County shall have four (4) keys.
16. Hold Harmless and Indemnification County and City each
represents to the other that it carries suitable public liability
and property damage insurance, or is self-insured in amounts
adequate to cover any claim within the limitations of Section
768.28 arising in connection with the lease of the premises under
this Agreement and will continue to carry such insurance or
remain self-insured during the entire term of this Agreement.
Each party shall be responsible for any acts of negligence on the
part of its agents and employees.
Each party shall hold the
other party harmless from all claims arising from negligence of
its agents, employees and independent contractors in connection
with this Agreement, and shall defend the other party against all
claims arising out of such negligence of its agents, employees
and independent contractors under this lease.
17. Furniture, Equipment and Appliances City shall permit
County to use its equipment in the premises at the beginning of
the term of this agreement, including a walk-in freezer, stove
and sink. County shall permit City to use its furniture, includ-
ing chairs and tables, placed in premises during the term of this
agreement. Each party shall retain ownership of the fixtures,
6
equipment, furniture and appliances installed or placed by each
respective party, except as otherwise agreed herein, and maintain
a current inventory of same.
lB. Maintenance and Repair City shall maintain the prem-
ises, including the walls and roof thereof, and fixed equipment,
and repair such breakage, damage or wear and tear as is caused by
City's use of premises. Should any of County's property be so
damaged by City's use to be beyond serviceable repair or stolen
during, or due to, City's use or negligence, City shall replace
such property. Each party shall allow normal wear and tear of
its property by the other party's use thereof.
19. Alterations by County County agrees that it will make
no alterations to the building without prior written permission
from City. County agrees to follow all City permitting and
building codes.
20. Custodial and security services City shall be respon-
sible for custodial services and security of the premises at all
times, except for clean-up of food preparation and service
activities by County.
21. Limitation to use The premises may be used by County
only for the purposes of its Nutrition Program (Congregate Meals)
and related services provided by County. City may use the
premises only for the purposes of public meetings and City
functions. Premises may not be used as a residence, nor for any
living, sleeping, and/or residing overnight.
22. Utilities The costs of utilities shall be paid by the
City, except any costs associated with the installation of any
7
special equipment needed by the County or telephones for County
use.
23. Garbage and refuse County shall be responsible for
disposing of garbage and refuse at Unit No. One of Douglass
Community Center.
24. -City license County shall obtain, if needed, valid
Special Exception to HP-3 Zoning issued by the City of Key West.
If such Special Exception is not granted by the City prior to the
beginning date of this agreement, said agreement is null and
void.
25. Mail County shall be responsible for providing its own
mailbox to be located in the designated area in front of the
Douglass Community Center if mail service is desired to premises.
IN WITNESS WHEREOF the parties hereto have hereunto executed
this instrument for the purposes herein expressed the day and
year above written.
(SEAL)
ATTEST: DANNY KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MO ECOUNTY, FLORIDA
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a~rman
CITY OF KEY WEST
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