Item E6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 20,2001
Division: TDC
Bulk Item: Yes X
No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with Key West Botanical Garden
Society to extend Agreement for one additional year until September 30,2002.
ITEM BACKGROUND:
The Key West Botanical Garden Society has requested an extension to their
Agreement to complete a survey required by the City of Key West.
PREVIOUS REVELANT BOCC ACTION:
BOee approved original Agreement at their meeting of December 14, 2000.
BOee approved FY 2001 Budget at their meeting of September 21, 2000.
CONTRACT/AGREEMENT CHANGES:
Extend for One (1) additional year.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $276,878
BUDGETED: Yes X
No
COST TO COUNTY: $276,878/TOURIST PAY
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Ally X 01~hasing ~ Risk Management X
DIVISION DIRECTOR APPROVAL: ~~ ~/" ..,p A.j-
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow
Not Required
AGENDA ITEM # ~-efl,
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Key West Botanical
Garden Society
Contract #
Effective Date:
Expiration Date:
September 20, 2001
September 30, 2002
Contract Purpose/Description:
Approval of an Amendment to Agreement with Key West Botanical Garden
Society to extend Agreement for one additional year until September 30,2002.
Contract Manager: Maxine Pacini
(N ame)
3523
(Ext. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
9/20/01
Agenda Deadline: 9/5/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 276,878
Budgeted? Yesrg] No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
117-77040-530340-T07M346-Y 530460
ADDITIONAL COSTS
Estimated Ongoing Costs: $ -"yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
;j;Xg =1
County Attorney ~
Comments:
Changes
Needed
YesD Noff
YesDNo0' \
YesD Noill'"
YesDNo~
Date Out
DJ1}~)~l
Division Director S L!YY
r{~( 7- Lt
~. '.~/lrhL' ;;.~ 1(; .
~/ . IJ I
S.Hutton
-~~
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this _ day of
2001, by and between the BOARD OF COUNTY COMMISSIONERS FOR MONROE
COUNTY, hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter 'TDC" and the Key West Botanical Garden Society, a Florida not-for-profit
corporation, hereinafter "Key West Botanical Garden Society."
WHEREAS, there was a contract entered into on December 14, 2000, between
the parties, awarding $276,878 to the Key West Botanical Garden Society, and
WHEREAS, it has become necessary to extend the contract for an additional
period to allow time for the Key West Botanical Garden Society to complete the project;
NOW, THEREFORE, in consideration of the mutual covenants contained herein
the parties agree to the amended agreement as follows:
2002.
1. Contract period as outlined in Paragraph 1 be extended to September 30,
2. The following sentence shall be added at the end of Paragraph 3:
"Funding under this agreement is contingent upon annual appropriation by
the County."
I
3. The remaining provisions of the contract dated December. 14, 2000,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
Key West Botanical Garden Society
President
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORlqA
Deputy Clerk
Mayor/Chairman
;.r
-L
Ke(j W &St
/_ rden SocieteJ
Board of Directors
TOC- DAC ONE
White Street
Key West, FI. 33040
August 3, 2001
Dear Directors:
The Society is requesting an extension until Sept. 30, 2002 for executing
our grant for the new visitor center at the Garden.
The City needed a complete updated survey which also required a title
search. This set us back several months as well as our architect, Tom
Pope.
We will furnish you the amount funds, we expect to spend through
September 30, 2001 no later than August 30, 2001.
Our plans are out for public bid, and the general contractor will be selected
On August 27, 2001. Upon meeting with the g.c., we can give you a more
accurate figure.
Please advise me at your earliest convenience. If you have any further
information or questions, please feel free to contact me at 305-292-4155.
On behalf of the KWBGS board of directors and hundreds of volunteers, we
wish to extend our deep appreciation of your support for this wonderful
project.
and....
The trees thank you,
Carolann Shar y
President
Cc: Mayor Weekley, Julio Avael, Tom Pope, Dennis Gorman
P.O. Box 2436, Key West, FL 33045 . (305) 296-1504 . email: KWBGS@aol.com
GRANT OF FUNDS
This AGREEMENT dated the/f~ day Of~OOO, is entered into by and
between the BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY,
hereinafter "County," on behalf of the TOURIST DEVELOPMENT COUNCIL,
hereinafter "TDC" and the Key West Botanical Garden Society, a Florida not-for-profit
corporation, hereinafter "Key West Botanical Garden Society."
WHEREAS, the third penny of Tourist Development Tax may be used to acquire,
construct, extend, enlarge, remodel, repair, improve, maintain, or promote museums
and nature centers which are publicly owned and operated or owned and operated by
not-for profit corporations, and
WHEREAS, the County and TDC have determined that it is in the best interest of the
County, for purposes of promoting tourism and preserving the heritage of the
community, to repair and rehabilitate the premises of the property for use as a museum
and nature center open to the public;
NOW, THEREFORE, in consideration of the mutual covenants and payments
contained herein, the Key West Botanical Garden Society and the County have entered
into this agreement on the terms and conditions as set forth below.
1. CONTRACT PERIOD. This agreement is for the period October 19, 2000 through
September 30th, 2001. This agreement shall remain in effect for the stated period
unless one party gives to the other written notification of termination pursuant to and in
compliance with paragraphs 7,13 and 14 below.
2. SCOPE OF AGREEMENT. The Key West Botanical Garden Society shall
contract for and obtain such services as is necessary to construct at the Key West
Botanical Garden and Arboretum more particularly described in Exhibit 1, attached
hereto and incorporated herein by reference, a Botanical Garden Education/Information
Center and Butterfly Garden which shall include but not be limited to, a new entry with
an education/information center that has a small exhibit space and handicapped
accessible bathrooms. The entry building's deck shall provide access to an open
courtyard with a stage at one end for programs. The space shall be enhanced by a
water feature and butterfly gardens; includes underground utilities and necessary
infrastructure. The Key West Botanical Garden Society shall insure that the property
shall be used as a garden museum and nature center open to the public by entering
into such restrictive covenants, leases, and other contracts as are necessary to effect
this purpose.
3. AMOUNT OF AGREEMENT AND PAYMENT. The County shall provide an
amount not to exceed $276,878 in reimbursement for materials and services used to
rehabilitate, repair and renovate the property as a botanical garden, museum and
nature center. The Board of County Commissioners and the Tourist Development
Council assume no liability to fund this agreement for an amount in excess of this
award. Payment shall be made through direct payment to vendors or reimbursement to
Key West Botanical Garden Society upon presentation of invoices, canceled checks
and other documentation to support a claim for payment or reimbursement, such
documentation being subject to requirements of the County's Finance office. Key West
Botanical Garden Society shall provide on a weekly basis verified documentation to
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
1
substantiate the extent to which in-kind services have been provided in the execution of
the project. Parties shall use the document entitled "THE RESTORATION OF THE
KEY WEST BOTANICAL GARDENS: PHASE 1," attached hereto as Exhibit 2 and
incorporated herein by reference, as the budget for in-kind services and other matching
funds. Before the County issues checks for any payment request there must be on file
with the County Clerk's office sufficient documentation substantiating that an equivalent
value of in-kind services and cash donations have been provided. At no time shall the
County make payments which cumulatevely exceed the cumulative total amount of in-
kind service valuation and cash do"nations actually provided by Key West Botanical
Garden Society. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the BOCC. Individual line items
or components of the County funding and match resources may be altered within 10%
of the amount stated for that item or component, without altering the total dollar amount
and without requiring a written amendment to this agreement.
4. REPORTS. The Key West Botanical Garden Society shall provide financial
reports in summary of activities related to this agreement on a monthly basis. If the
agreement extends beyond the end of the fiscal year (September 30th, 2001), the Key
West Botanical Garden Society shall provide a report summarizing the total anticipated
expenditures against this agreement on or before September 30, 2001. Said report
shall be provided to the Monroe County Tourist Development Council Administrative
Office no later than August 30th, 2001. The Key West Botanical Garden Society shall
keep such records as are necessary to document the performance of the agreement
and expenses as incurred, and give access to these records at the request of the TDC,
the County, the State of Florida or authorized agents and representatives of said
govemment bodies. It is the responsibility of the Key West Botanical Garden Society to
maintain appropriate records to insure a proper accounting of all funds and
expenditures. The Key West Botanical Garden Society understands that it shall be
responsible for repayment of any and all audit exceptions which are identified by the
Auditor General for the State of Florida, the Clerk of Court for Monroe County, the
Board of County Commissioners for Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year grant award
or subsequent grant awards will be offset by the amount of the audit exception. In the
event the grant is not renewed or supplemented in future years, the Key West Botanical
Garden Society will be billed by the County for the amount of the audit exception and
shall promptly repay any audit exception.
5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
terms of this agreement shall be only amended in writing and approved by the Board of
County Commissioners for Monroe County.
6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder,
the Key West Botanical Garden Society is an independent contractor and not an
employee of the Board of County Commissioners of Monroe County. No statement
contained in this agreement shall be construed as to find the Key West Botanical
Garden Society or any of its employees, contractors, servants or agents to the
employees of the Board of County Commissioners of Monroe County, and they shall be
entitled to none of the rights, privileges or benefits of employees of Monroe County.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
2
7. COMPLIANCE WITH LAW. In carrying out its obligations under this
agreement, the Key West Botanical Garden Society shall abide by all statutes,
ordinances, rules and regulations pertaining to or regulating the provisions of this
agreement, including those now in effect and hereafter adopted. Any violation of said
statutes, ordinances, rules or regulations shall constitute a material breach of this
agreement and shall entitle the County to terminate this contract immediately upon
delivery of written notice of termination to the Key West Botanical Garden Society.
8. A. RESTRICTIONS ON CONTRACTS ENTERED PURSUANT TO THIS
AGREEMENT. The Key West Botanical Garden Society shall include in all contracts
funded under this agreem.ent the following terms:
1) Anti-discrimination. The Key West Botanical Garden Society agrees that they
will not discriminate against any employees or applicants for employment or against
persons for any other benefit or service under this agreement because of their race,
color, religion, sex, national origin, or physical or mental handicap where the handicap
does not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
2) Anti-kickback. Contractor warrants that no person has been employed or
retained to solicit or secure this contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee and that no employee or officer of
the Key West Botanical Garden Society has any interest financially or otherwise, in
Contractor. For breach or violation of this warranty, the Key West Botanical Garden
Society shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that
funding for this contract is available at least in part through the County and that violation
of this paragraph may result in the County withdrawing funding for the Key West
Botanical Garden project.
3) Hold Harmless/Indemnification. Key West Botanical Garden Society shall
determine extent of coverage and include in contracts that standard design/construction
hold harmless/indemnification provisions that will protect the Key West Botanical
Gardens, the County an the TDC from and against any and all claims, liabilities,
litigation, causes of action, damages, costs, expenses, etc. arising directly or indirectly
from any negligence, errors, omissions or criminal conduct on the art of the Contractor
and any Subcontractors in the performance of the terms of any contracts resulting from
the funding provided by the County and any activities on County property.
4) Insurance. Key West Botanical Garden Society, the Contractor and
Subcontractors shall be required to provide any types of insurance and limits of such
insurance that will further protect the Key West Botanical Gardens, the County and the
TOe from the actions/inaction's of the Contractor and any Subcontractors in the
performance of the terms of any contracts resulting from the funding provided by the
County.
The Key West Botanical Gardens, the County and the TDC shall be named as
additional insureds where appropriate and the Monroe County Risk Management shall
be provided copies of all certificates of insurance upon execution of any contract and
upon renewal of the Contractor's insurance.
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
3
5) Authority. Each of the signatories for the firm below certifies and warrants
that the firm's name in the agreement is the full name as designated in its
corporate charter and that they are empowered to act in contract for the Key
West Botanical Garden Society; and that this agreement has been approved
by the Key West Botanical Garden Society Board of Directors.
B. Key West Botanical Garden Society agrees to comply with the County
purchasing ordinance 32-1998 as amended, and policies which require, at a
minimum, that contracts for any goods or services which are expected to exceed
$25,000 be awarded through a competitive bidding process; no contract will be
awarded to any contractor ineligible to contract with the County or State; any
acquisition or contract expected to cost between $5,000 and $25,000 shall
require two or more written price quotes.
9. LICENSING AND PERMITS. The Key West Botanical Garden Society
warrants that it shall have, prior to commencement of work under this Agreement and at
all times during said work, all required licenses and permits whether federal, state,
County or City.
10. HOLD HARMLESSIINDEMNIFICATION. The Key West Botanical Garden
Society hereby agrees to indemnify and hold harmless the BOCC/TDC and any of its
officers and employees from and against any and all claims, liabilities, litigation, causes
of action, damages, costs, expenses (including but not limited to fees and expenses
arising from any factual investigation, discovery or preparation for litigation), and the
payment of any and all of the foregoing or any demands, settlements or judgments
arising directly or indirectly under the scope of this agreement.
11. ANTI-DISCRIMINATION. The Key West Botanical Garden Society agrees
that they will not discriminate against any of their employees or applicants for
employment or against persons for any benefit or service because of their race, color,
religion, sex, national origin, or physical or mental handicap where the handicap does
not affect the ability of an individual to perform in a position of employment, and to
abide by all federal and state laws regarding non-discrimination.
12. ANTI-KICKBACK. The Key West Botanical Garden Society warrants that no
person has been employed or retained to solicit or secure this agreement upon an
agreement or understanding for a commission, percentage, brokerage or contingent
fee, and that no employee or officer of the County or TDC has any interest, financially
or otherwise, in Key West Botanical Garden Society, except for general membership in
Key West Botanical Garden Society. For breach or violation of this warranty, the
County shall have the right to annul this contract without liability or, in its discretion, to
deduct from the contract price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee.
13. TERMINATION. This agreement shall terminate on September 30,2001.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be
continued at a level sufficient to allow for the continuation of this agreement pursuant to
the terms herein. In the event that funds cannot be continued at a level sufficient to
allow the continuation of this agreement pursuant to the terms specified herein, this
agreement may then be terminated immediately by written notice of termination
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
4
delivered in person or by mail to the Key West Botanical Garden Society. The County
shall not be obligated to pay for any services or goods provided by the Key West
Botanical Garden Society after the Key West Botanical Garden Society has received
written notice of termination. The County may terminate this agreement without cause
upon giving written notice of termination to provider.
14. TERMINATION FOR BREACH OF AGREEMENT. The County may
immediately terminate this agreement for any breach of the terms contained herein.
Such termination shall take place immediately upon receipt of written notice of said
termination. Any waiver of any breach of covenants herein contained to be kept and
performed by contractor shall not be deemed or considered as a continuing waiver and
shall not operate to bar or prevent the County from declaring a forfeiture for any
succeeding breach either of the same conditions or of any other conditions. Failure to
provide County with certification of use of matching funds or matching inkind services at
or above the rate of request for reimbursement or payment by County is a breach of
contract, for which the County may terminate this contract upon giving written
notification of termination.
15. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of
the parties hereto with respect to the subject matter hereof and supersedes any and all
prior agreements with respect to such subject matter between the Key West Botanical
Garden Society and the County.
16. CONSENT TO JURISDICTION. This agreement, its performance, and all
disputes arising hereunder, shall be governed by the laws of the State of Florida, and
both parties agree that the proper venue for any actions shall be in Monroe County.
17. ETHICS CLAUSE: Provider warrants that he/it has not employed retained
or otherwise had act on his/its behalf any former COUNTY office or employee in
violation of Section 2 or Ordinance No. 10-1990 or any COUNTY officer of employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the
provision the COUNTY may, at its discretion terminate this contract without liability and
may also, at its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former or present COUNTY officer or employee.
18. "A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
5
19. NOTICE. Any written notice to be given to either party under this
agreement or related hereto shall be addressed and delivered as follows:
For Key West Botanical Garden Society: Dean Carlson
Key West Botanical Garden Society
729 Truman Avenue
Key West, FL 33040
For County: Lynda Stuart
Monroe County Tourist Development Council
P.O. Box 866
Key West, FL 33041
and
Suzanne Hutton, Asst. County Attorney
310 Fleming Sf.
Key West, FL 33040
:rNESS WHEREOF, the parties hereto have caused this agreement to be
ay and year first above written.
BOARD OF COUNTY COMMISSIONERS
Y L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
..........~~ ~~ e ~~CJ
By. By. ( \
-.. eputy Gffirk Mayor/Chairman (j
(SEAL)
ATTEST:
Key West Botanical Garden Society
Secretary
By~rI~
I President C
By:
Key West Botanical Garden Society
Special Capital Project Funding FY 2000
6
.......:' .
RE:SallrIai 00. 91- J 2 2
, :... . '. ~. i....., \. ;
......-.......... .
..
,A..~.,~;.:.I~::..~';.
, E:<Ea1r:raJ ; OF .;iAIrAaim): ~ '. OP' :;
~ BEIWmf !HI!: cny OF. lEY \JEST,
~ AND lEY' \JEST oorANICAL G.W:e2i
~IE:rY, m::.; F'ROVIDm:: AN ~u;nVE o.uz.
. :., .!,' .... '. "
~; ~,.BEIT R.ESa.vm &yo.t-n.., City,CCllIl1!:ssion. of' the City
of Kay West, Florida that1the attached Hemoranduu' of Undarstll.l1d1.ng'bel:'Keeri the
. .
City of Key We"t, 'Flodda, and tha Kay Wast Botanical Garden Sociaty, Inc. is
hereby approved.. subJe~t to ths contingencies 'stAted below:
1) ,City ahall have tha right to alloW County to cOnstt\Jct
arid ~tdn [<<lee at 6 feet hei.gfu: arid parldng spaces
U 'hoI.-n on 5/1/91 survey
2) City, shall ~,;... the ri8ht to. allow County to USe
exiRt1ng roadway as lIhoo..n 0" 5/1/91 iiU:i:vey with. .'Cc~8S
to. County COIlpound throush proposed 10 feet gates as
'shol.n on survey.
The: City Manager is hereby authorized to exeCute s4!,cf Meax:irll.l1ckn on behalf of
,
the City of Key West, and the City Clerk La hereby authorized to attest to his
signature and affix the Seal of the qity thereto.
This Resolutiat shall go into effect, Lzmediiltaly: lIpOo it.. passage and
. .. . ", .' .
adopt1.oo and authentication by the signaturq ~f the Pre.iding officer and the
Clerk of the CamUssion.
Paned and adopted by the City Ccum1...s..Lon at a meetin.g held this ~day
of July ,1991.
~ ~.~
.y, SALL~S' HAYOR PRO TEMPORS
STAT~ or FLORIDA)
COUNTY or 1I0IlRO&)
CITr07 K&! fEST[
Th 1!1 ooPY It< F\ trllo oOPT .o! tho
original Oil 1:ile In this o(!ioo.
\'! tn<?.!!u I~r hrnd '~'J. :~~"i eeal .
thh~:t!ldu7 C~.~, 19~.
. JOSEI'!!Ol.. PARKER
ell'': CL<:RK
By ::tC;W.~'
EXHIBIT 1
Page 1 of 9
y
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............ . .
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HEKIW<<:Ui OF l1a:RSTJ.NDm::;'
..
Thi~ Hemorandum Of Understandin~ l!.rItered in,:o this \3~y of Sept~, 1991,
bet'oleen the 'City of Key West., ~lorlda, a lllJrlicipal corporation or-gsnized snd
exi3ting under the laws of the State of flodda, (hereinafter, "City") and the
Key West Botanical Garden Society, Inc., . florida nonprofit corporatloo
(hare inafter , "Botanical SocLety")..
WI"INESSE'm
\oImlEAS. the Cir;y is the owner of . parcel of real property known as the Key
West Botanical Garden end Arboretum . (hare~ter, "the premises") located on
Stock bland, ~y Wes.t, Florida. (See a~tac:had Exhiblt A, Legal Description
adopted. and incorporated herein by referEnce); and
~. the City passed and adopted. ~lution 2008 en J8nuary J, 1961 I
. est~li3hing the property .. . P8.rlll8.nent Bo~ic.al Garden ani Arboretu:ll; and
~.
both the City end the Botanical SocLety are coamttted to. the
responsihle lDlln4gEmef\t of the habitat of the only known extant populatien of
the federally ~ared .pee-i.es Orthal1C'U.t reses reses, The Stock Island Tt'1!e
Sna11, and both are cOllJl1itted to preserving the aesthetic beauty of the remant:
t:ropic.al haamock which provides habitat for other threatened end endangered .
species; and
WIDtFAS. ~~i.~~~~!#~:~.~~l o~.~tI ~~:~.- I
p~_~:_ P8r1llanent~tan1...c.a.l Gardea ~ Arborel:1n punusnt: to Ruolution
2008:-with any extraordinary expenses to be approved by the City COmdasiDnj and
t
.~~ the City h.u pre~ly ~used the pread.se.s to the Key West Garden
Club, · Florida cocporatioo, and said lease expires in Septenber 1991, and
the Botanical Garden Camlittee of the Key West Garden Club assu:oed
respons1bULty for the preservat:Loo and maintenance of the premises j and
olIEREAS, the Botanical Garden CazmLttee of the Key West Garden Club, ....ith the
approval of the Key West Garden Club, formally forned the Key '-'est Botanical
Garden Soclety, Inc. for the sole purpose of expanding Lts <neai:>erstU.p to ~tter
Page 2 of 9
~
. ; -"',.u: and
preserve the.premise~; and
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. ,.
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;: I_~., .. ". ;. " .I.
\olIEB,FAS , .
.... ,".
thel KeYWe8t:<?~den Club. previously entered into ~ Hemorandum of
Urderstand1ng with.Tha Nature Conservancy' delineatingresponsibULtles "for the
. . . . '.' '. :. . -:;.;. .:. ~ 'd,' '. .~J ~;';.' ,; "!J', P t';!-.i'-'.,! ", 'tl: :".. ':" '... .: '. '". ",1
management. of the habLtat of the ~Eldlaral.lY..Iu,l~~ed~~7:~~' O~halLcus reses
~, The Stock bland T~ Snail, ,(SEllI attachad Exhibit .8); and
... . :'.';. .".. .... .'
:.', .'...
\ollEREAS,. the Botanical. Society. Ln~ends ~o. enter Lnto a ,Wlar Hemorandum of
Urdarstand1ng with1he Nature Conservancy upon, executi~ of thll Agreement for
. .'. . I.'. . ,. ~ ,,::", ..". . ~.' I .,,,;',.. : .; . . . .
the same purpoSI!.S 1 and
;.
.. I
\IlmEAS, the Bo.t'.anical Soclaty hu stated in,it. By-La\.l. the follOloling purposes:
, . .. . ~ .. '. .~. :' . .
to. preservw, develop, and malnta!n the, Kay We8~ ,Bo~~cal Gar~.. an arborel:Ull.
. . . ".: ~ - ~.:.:", .'
botanical garden, andwil,dUfa refuge; and"tp, enc~ag. educaticnal we of the
. . ~.. '. '0. .. .... ',l'~ I,;.:.. ."..... ":j_,
Key West Botanical Carden by school children, youth orglltl1z.atiON, college
. . . l .- . _ _ I: .. ~ "0
students, resident. of the Florida Key. and vUiton lromother areu wro vish.
to. learn about tropical vegetation and wildl,He 1ndf.8B:'oCU1 to the Florida Keys,
."' ... ". ""j . . ...
(See attached Exhibit C) ;.\ .u;d ..
. . .
, .
. ,. ~
~!.~".:..~.Botani~,.~~~h~~.~ ma..lntain the pread.aa at no
cost to the City for LI:.I 8lIrvices i' aDd .!"
."-, ....;, : -or .;".: .... . ... h' ,...
\mREAS..,~~f('.l ~~.~..~.~ ,to ~ . l~-rang. ~Lan for the.
. '.. ....'... ..~. . ~ .
eohanc~t and beautification of tiw premisu utilldn,g the Icnowledge of expert.
'''j
in the f!alds of sub-t:r:oPical flora and fauna; and
...... '.
\mREAS ,
it, U in the best interest. of the City. both fucally and
environmentally, to haw the Botanical Soc!aty preserve, maintain ard enhance
the p~e.s j
".~..' :0)
...
.!". . ..'
toi I1D..ERJl.E, the City and the Botanical Society agr~' u follo..ra:
n-e Botanical Soc1aty agreeJ:
1.
To preserve the premises .s a sub-tropical botanical garden and native
hardwood haa:mock, and to opera.te said pr~.8J1 to provide the necessary care and
Page 3 of 9
,
-r. ..
. maintenance, to develop a long-rangll plan for the enhaQce.cnant and beautifLcation
.'of the garden, "and to encourage the educational un of ..the prem.Lges by all
sectors of the comunity.
2. To encourage state and loc.al agEllcLu to use the premi3es u a' botanical
garden and arboretum as the partiu hereto ahall de8lll advisable.
3. That ths Botanical Society shall not usethe.premJ..sell for any other purpose
unless such purpose is approved by the City Comm!ssion or (as to one-time uses
such all furdraisers) by the City Hanager.
4. Thllt,!{lY c.&iliul ~roverentll to the pread.sea shall be subnitted to the City
...._-..r~.. ~ ..
Hanagar for approval prior to COImenCe.cnant of conatruc:tioa, and the City Kanager
shall have t~ right to deny approval for same, and the Botanical Sociaty ahall
obtain the app.roval of the City Buildillg Depart.-nt and the City Engineer and
anyneceailary . permitll, prior to the ccxrmencement of construction. Capital
l.a:provamantl shall include provis~oa ofutllity services to the .premi3es.
S. ThAt there shall, during the term of this Hemorandl.m, be no ~chanics' liens
upoa any buildings or improvements which may at any t1rDe be put upoa or be upon
.aiet premi.9e.s, arid that in case of any lllechanics' Hens, the Botanical Society
lI1l8t payoff the lame; and that 1f default in pa)'llleOt thereof shall continue for
thirty (30) days aftar vrlttec\ notice, the City shall have the ri,ght ard
(-
privilege, al: il:l opl:ion, 1:0 payoff the .~ or any portion of the lame, and
l:hs IllllCUlt so paid, including experises, shall, at the opt~oa of the City be due
and payable by the Botanical Sociaty with interest thereon at the rate of six
(6) parcenl: per &nnu:1I, and in additioa the City shall have the. right to,
ImDeCH.al:ely terminata this Hem:1randuJl of Uode,rstanding without the necessity of r
providing any further 119tice to the Botanical Society.
6. ThaI: any permanent improvements to the premises shall becClll8 the exclusive
property of the City at the cooclusioo of the term of this HeIoorandun of
Undarst.anding without the necessity of any ~Sl:runent of coaveyance.
7. ThaI: the Botanical So:-Le.ty '!U~. ~~s'.:t~ ttU..IiE.na&\!!lll!:l'it Practices
developed by the ~ture CcruIerv.incy for Orthal1cus. re.ses~, ~ Stock Island
Tree Snail.
8. That the Botanical Society ....111 not use or permit any person to use in any
manner whatsoever the pr-emi.ses, nor any ~rove:nent8 00\l en or hereafter
constructed or placed on said premises, nor any portion thereof, for 8.('\y purpose
calculated to injurg the reputatioa of the premises or of the nel.g.hboring
property, rot' for any purpoSg or use in violation of federal, state, Ot' local
Page 4 of 9
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The City agrees:
1. To provide security, by routine police patrol, for the preal!.ses, at no
greater lawl than that cW:TlIntly provided and:c~.tiIlgentUpon cootinued funding'" .
of the cuit-ent'level. ., :.i'.. ...
2. To provide tlooQ 55-gallon druna to be serviced foi"-picla,Jp by the City's solid
waste contractor' at no cost to Botanical SoCietY,,~d to Wa1ve'landfi~l tipping
~. . .
fees until f~l ~andf1l1 closure only, of tr~s frea the prem.Ues. Said
fee ",aiver sball not extend beyald the landfill closure date of the City'.s
landfill.
J. Opening and elodng of the pr8ad.te& shall be the re.sponsl.hility of staff at
BaYaho7!~r,\:H<Xlday .~ Friday, opening 'to b. ~t 8:00 a.III.: clOIii1g at
.. .... ." , .' ". .
5:00 p.m. 0pen1n.g and clOI.li1g on Satvrdayw and Sunday.. v1.1l be the
. relp'cxwibility of the Botanical Society.
!he Hemoranch..m of Underst4nd1n.g uta forth all the covenants, P~~es,
agreements, and understand1n.gs bet\.1een the City and the Botanical Society
concerning the pr1!al.1.sea . No subseq.Jent al teratioo, lllDendi:Jent. change. or
add1.tion to t:h.1... Hemarandua shall b. bindiIIg upon the City or the Botaniesl
Society unle,u red.Jc.ed to \irit.li1g and duly IlJCeQJted by both parties.
nu.. lDEllDOraridua shall b. effective as of the 7th day of SepteabeJ;:, 1991
and for fifteen OS) years tharufter.
1mi"'HiiiiiOfrar1d.mnllAy be tltt'alfna:t.ed.~lthu.party upai-one-(l) Y~~~:n
notice to the other party at the addreasea. aet forth belw. and -~..l~"be
tarmt""'''-d by eith.tr ~y [or~tar~i::b~~fthe C~t. and'_~t.a...
conta.ined herein l1p<X1 th.1.rty (.30) days' written ootiee to the other party at the
addresses set forth bel"",.
.' t
Page 5 of 9
ATIEST:
Arrr.sr :
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Sacre tary
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Page 6 of 9
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LEGAL DESCRIPTION
From the intersection of the centerline of U.S. Highway Number One (1) and
the east abutment of the Stock Island Highway Bridge go easterly along the
centerline of U.S. Highway Number One (1) a distance of 300.00 feet to a point;
thence making a deflection angle of 91 degrees 10 minutes with the last described
course a distance of 305.64 feet to a point; thence making a deflection angle
of 32 degrees 40 minutes to the left with the last described course. a distance
of 330.00 feet to Traverse Point One; thence making a deflection angle of 13
degrees 13 minutes to the right with the last described course a distance of
300.00 feet to Traverse Point Two; thence making a deflection angle of 8 degrees
49 minutes to the right with the last described course a distance of 265.00 feet
to Traverse Point Three and the Point of Beginning of the parcel of land herein
being described; thence rtm in a northeasterly direction parallel with the
southerly line of the land held by the Cerebral Palsy Association 200 feet to
a point; thence tum a deflection angle of 79 degrees 30 minutes right and rtm
thence southerly 210 feet to the northerly line of the Monroe County Hospital
property; thence northeasterly and at right angles, along the northerly line of
said Hospital property 300 feet to a point; thence tum a deflection angles of
31 degrees 15 minutes 10 secoOds right and rtm thence 111.91 feet to the
northeast comer Q.f the said Hospital property; thence tum a deflection angle
of 87 degrees 45 minutes left and ri..1n thence northwesterly 435 feet to a point;
thence turn. So deflection angle of 29 degrees zero minutes right and rtm thence
northeasterly 400 feet to a point; thence turn a deflection angle of 12 degrees
15 minutes. left and rtm thence northerly 300 feet to a point; thence tum a
deflectiOt:iangle. of 61 degrees 4511dnutes left and run thence northwesterly 50
feet to a pOint; thence turn a deflection angle of 89 degrees zero minutes left
and run thence southwesterly 585 feet to a point which bears N 20 degrees 8
minutes E from the northeast corner of property described in OR 365 at Page 324
of the Public Records of Monroe County, Florida; thence rtm 130 feet more or less
to said northeast corner; thence rtm easterly, along the northerly line of the
property of the Florida Keys Aqueduct COlIIllission 200 feet to a point; thence rtm
southerly along the easterly line of said Florida Keys Aqueduct Conmission
property 401.18 feet to the southeast corner of said property; thence rtm
westerly along the southerly line of said Florida Keys Aqueduct COlIIIIission
property 200.36 feet to the southwest corner of said property; thence tum a
deflection angle of 45 degrees left and run thence southwesterly along the
southerly line of a 30 foot wide easement 372.71 feet to a point on the tangent
line between traverse points 3 and 4; thence rtm southerly along said tangent
line 106 feet back to the point of beginning. containing 11 acres more or less.
ALSO. a parcel purportedly belonging to the City and lying along the Northeast
boundary of Hospital Road where it intersects with JUnior College Road, and
measuring approximately 200.00' x 53.28' X 202.85'. x 53.16'. and comprising
approximately 10,600.00 square feet, shown as Parcel "A" on a Phillips & Trice
survey dated May 3, 1981.
Excluding those areas of encroachment by Monroe County depicted on a survey dated
5/1/91 titled "Agreement between Monroe County and City of Key Westll.
Page 7 of 9
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THOw.s E. POPE, P.A. ARCHITECT
K.y ...t. Fl 53040
010 1fb1 t.J BU-oot. IC.,. y..t FL (300) 2110 SOU
6S20 Coll.,. Road
Page 8 of 9
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KEY WEST BOTANICAL GARDEN
1110 n.lt.e Stl'eot. It.,. To.t rL (SOlI) 295 seu
6920 CollsiS Road
Kay 'Il'eat. n
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Page 9 of 9
THE RESTORATlpN OF THE;, KEY WE.ftT BOTANICAL GARDENS: PHASE I
Construction of 'f'sltor Pavllltlon. Co~rtvard. and Water Feature
Proiect Acti\ftY Cost Matching Amount Match DescriDtion
Architectural & E::lneerlng
Project Manageme t $ 28,800.00 $ 28,800.00 Donation
Legal $ 7,500.00 $ 7.500.00 Donation
Engineering Studie. $ 10,000.00 $ 10,000.00 Donation
Architectural Design & Plans $ 21,700.00 $ 21,700.00 Donation
Subtotal $ 68,000.00 $ 68,000.00
Construction of G~rden.
Design and InstallaCion:
Landscape Desipn $ 10,000.00 $ 10,000.00 Donation
Soil preparation; $ 2,500.00
landscape In~llation $ 7,000.00 $ 4.000.00 Donation
Plant material $ 25.000.00 $ 13,000.00 Donation
Irrigation : $ 15,000.00 $ 500.00 Cash
Equipment Rent;;.1 $ 4,500.00
S;gnage $ 6,000.00
Native Plant Consultants S 9,600.00 $ 9,600.00 Donation
Plant Information pbques $ 1,725.00 $ 1,725.00 Donation
Specimen PlanlS $ 7,000.00 $ 7,000.00 Donation
Site Preparation $ 9,400.00 S 9,400.00 Donation
Subtoal $ 97,725.00 $ 55,225.00
Construction of vIsitor Pavilion, Courtyard, St.ge. and Water Feature
Construction Brea~own:
2 prefabricated g_OO$ @ $60,000 S 120,000.00 $ 16,000.00 Cash
Foundations $ 6,500.00 $ 3,200.00 Cash
Gazebo installatio~ $ 25,000.00 $ 12,500.00 Donations & Cash
Carpentry-shell insfallation* S 3,000.00 $ 1,500.00 Donations & Cash
Plumbing, rough* $ 3,000.00 $ 1,500.00 Donations & Cash
Elecbic, rough. $ 2.000.00 $ 1,000.00 Cash
Cable/telephone, r~ugh S 580.00 $ 290.00 Cash
AlC rough* $ 2,000.00 $ 1,000.00 Cash
Windows, doors. ~ing. $ 4.000.00 $ 2,000.00 Donations & Cash
Gutters* S 3,000.00 $ 1,500.00 Donations & Cash
DrywalVinsulalion* $ 1,500.00 $ 750.00 Donations & Cash
Electric, trim $ 2,000.00 $ 1,000.00 Cash
Plumbing, trim" $ 3,000.00 $ 1,500.00 Donations
Ale units, trim* S 3,000.00 S 1,500.00 Donations & Cash
Carpentry, trim* $ 2.000.00 $ 1,000.00 Donations
Tile. S 3,000.00 $ 1,500.00 Donations & Cash
Infrastructure of Buildings $ 4.000.00 $ 2,000.00 Cash
Painting. $ 4,000.00 $ 1,000.00 Donations
Entry gates* $ 5.000.00 $ 1.500.00 Cash
Exterior benches $ 2.000.00 $ 1,000.00 Donations
Courtyard $ 20,000.00 $ 10,000.00 Donations & Cash
Stage $ 4,000.00 $ 2,000.00 Donations & Cash
EXHIBIT 2
Page 1 of 2
Foreman $ 9,000.00 $ 4.500.00
BUilding Supplies:
Water fountain $ 500.00 $ 250.00 Cash
Cistern $ 5.500.00 $ 2,500.00 Cash
Lumber $ 4,000.00 $ 2.000.00 Donations
" ::; includes ma~rials
Interior Design ; $ 9,500.00 $ 9,500.00 Donation
Security & Support ~stems $ 8,500.00 $ 7,400.00 Cash
ROCk Wall & Water eature $ 20,500.00 $ 4,000.00 Donation
Repair Existing Wa,
Roel< $ 2,800.00 S 2,800.00 Donation
Labor $ 800.00 $ 800.00 Volunteers
Lighting S 22.000.00 $ 11,000.00 Donation & Cash
Remove Shed & Te'ephone Poles S 5,000.00 S 5,000.00 Donation
Subtotal $ 310,660.00 S 114,990.00
Tot.. S 476,405.00 $ 238.215.00
Item. not Includ~ In origin.' d..tt prop~.'
Property Boundary $urvey $ 10,000.00 $ 10,000.00 Donation
Infrastructure: sewer, electric, water,
cable, phone from !Street to site $ 10.000-$20.000 $ 10.000.00 Donation & Cash
Entry and Safety Signs $ 23.000.00 $ 2,000.00 Donat/on
Insurance $ 3.000.00
Contingency-10% $5f2,241-$53,405 $26.120- $26,702
Subtotsl $9',241 - $99.405 $48,120-$48,702
Tota. $5741646-$575.810 $286,335+-$286,917
10130100 JEM-1
Page 2 of 2