Item I2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 20. 2001
Division: Monroe County Sheriffs Department
Bulk Item: Yes ---X-
No
Department: Monroe County Sheriffs Department
AGENDA ITEM WORDING: Approval of the Construction and Occupation Agreement between the
State of Florida, Department of Juvenile Justice, the Monroe County Sheriffs Office, and Monroe
County.
ITEM BACKGROUND: This is an agreement for allocating the costs of maintenance and repair of
the Juvenile Justice Center under construction as an addition to the Sheriffs main jail on Stock Island,
One floor of the addition will house a juvenile detention center. The other floor will be occupied by
the State Attorney's Office, the Public Defender, county code enforcement and marine resources
management staff, the Sheriff, and other local nonprofit agencies.
PREVIOUS RELEVANT BOCC ACTION: BOCC has granted 50-year ground lease to Department
of Juvenile Justice for construction of juvenile detention center adjacent to main jail on Stock Island.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
#fr~~
Richard D. Roth, Sheriff
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # / - ~_
CONSTRUCTION AND OCCUPATION AGREEMENT FOR
JUVENILE JUSTICE FACILITY IN MONROE COUNTY
This Construction and Occupation Agreement is made and entered
into between the State of Florida, Department of Juvenile Justice ("DJJ"),
the Monroe County Sheriff s Office ("MCSO"), and Monroe County
("County"), both political subdivisions of the State of Florida.
WITNESSETH:
WHEREAS, the State of Florida, Department of Juvenile Justice
(DJJ) has entered into a lease agreement with the County for the
construction and operation of a juvenile justice facility, said lease and its
first amendment being attached and incorporated within this agreement as
Exhibits A and B respectively; and,
WHEREAS, DJJ will own the First Floor of a two-story addition (the
"Addition") to the Monroe County Detention Facility and the County will
own the Second Floor of the Addition and;
WHEREAS, DJJ and MCSO desire to collaborate in the financing,
construction and operation of the juvenile justice facility; and
WHEREAS, DJJ, MCSO, and the County desire to determine their
respective responsibilities for maintenance and repair of the Addition; and
WHEREAS, the Florida Legislature has determined that locating,
siting and development of needed residential and detention facilities for
juvenile offenders is critical to the public health, safety and welf~re of the
citizens of the community and to the effective rehabilitation of juvenile
offenders; and
WHEREAS, it is important that such a facility be located in areas
close to the home communities of the children in order to assure the most
effective rehabilitation efforts as well as the most intensive post release
supervision and case management; and
THEREFORE, DJJ, MCSO, and the County agree to the following
terms regarding the construction and occupancy of the addition containing
the juvenile justice facility:
Page 1 of 12
ARTICLE I - TERM
1. The term of this agreement shall be concurrent with the term of the
land lease between Monroe County and on (Exhibits A and B.)
2. In the event that on holds over in its tenancy, each party shall
remain responsible for compliance with the terms of this Agreement.
ARTICLE II - CONSTRUCTION OF FACILITY
1. on shall be responsible for construction of the Addition pursuant to
plans and specifications developed in coordination with MCSO.
2. OJ J shall be considered the Owner of the Project for purposes of all
construction contracts and agreements with general contractors, architects,
engineers, consultants or other professionals required for construction of the
juvenile justice facility.
3. In the event of any casualty including, but not limited to, fire,
hurricane, tornado, or any other casualty that is not the fault of on, suffered
by the Project during construction that damages the Project, but does not
render completion of the project impractical, OJJ shall receive all funds
intended for continuation of construction and remediation of the Project.
For purposes of this paragraph, completion of the project shall be deemed
impractical if:
a. The cost of continued construction is greater than available
insurance proceeds and the remaining construction budget, or
b. Said casualty alters the leased site or the surrounding land such
that Dn determines the location is no longer suitable for a juvenile justice
facility.
4. In the event that continuation or completion of the Project is rendered
impractical by any casualty including, but not limited to, fire, hurricane,
tornado or any other casualty that is not the fault ofDn, on and MCSO
shall be compensated from insurance proceeds in amounts proportionate to
their financial contributions to the project budget.
Page 2 of 12
5. Prior to completion of the Project, Dn shall notify MCSO and the
County of the date and time of the substantial completion inspection of the
Project. MCSO and County may provide comments for Dn's consideration
in compilation of any final punch lists to be addressed by the general
contractor prior to acceptance of the completed Project. However, Dn shall
not be obligated to require the general contractor to make any alterations or
corrections not in compliance with the construction plans or specifications.
6. Dn shall be responsible for coordination of all warranty work
required under its construction contracts and agreements. Dn shall provide
MCSO and the County with a list of items that are covered by warranty by
any contractor. Upon occupancy by the County of the Second Floor, as
described in Article III, the County shall promptly notify Dn of any defects
in material or workmanship that are covered under warranty from the
general contractor.
ARTICLE III - OCCUPANCY AND USE
1. The Addition will be a three level facility. Use and occupancy of
those levels shall be as follows: the Ground Floor shall consist of the parking
area; camera-operated secured elevator and entrance to the Addition and
structural support for the First and Second Floors. For purposes of this
agreement the unsecured area of the Ground Floor shall be considered a
Common Area for those using the Addition.
2. The First Floor shall be occupied by Dn for the operation of a forty-
five (45) bed residential juvenile facility. Said residential facility may
contain both a secure detention facility and a residential juvenile program.
DJJ may contract with a third party (Provider) for any or all operations of
the detention facility or residential program. Any such provider shall
indemnify and hold harmless the County, Department of Juvenile Justice,
and MCSO for any tortuous acts pursuant to the provisions of Section
768.28, Florida Statutes and comply with any insurance requirements of the
attached Exhibits A and B. Each provider's individual contract and sublease
whether in privity with Dn, the County or MCSO, will specifically contain
provisions for proper indemnification and hold harmless agreements as
mentioned, including insurance requirements noted in Exhibits A and B.
3. The County will own the Second Floor. The County may use the
Second Floor for any lawful government purpose, including, without
Page 3 of 12
limitation, leasing to private non-profit agencies. However, the County may
not use or permit use of the Second Floor in any manner that unreasonably
interferes with the operation of the juvenile justice facility. The County
must require any tenant of the Second Floor to agree to indemnify OJJ,
MCSO, and the County, and comply with the insurance requirements
previously described. Indemnification agreements will not be required of
tenants that are agencies of the United States or State of Florida.
4. Any Operator or Lessee not an original party to this Agreement must
agree in writing to abide by its terms as a condition of any contract, lease, or
agreement permitting use of the Addition.
5. After occupancy, the County or MCSO may make non-structural
alterations, additions, or improvements to the Second Floor after reasonable
advance written notice to OJJ.
6. The County warrants to OJJ that it owns lawful title to the leased
Property.
ARTICLE IV - CONSIOERA TION
1. As consideration for DJJ's construction of the Addition and
agreement to operate a juvenile justice facility on the First Floor, MCSO
shall contribute Three and One-half Million Dollars ($3,500,000.00) toward
the construction of the Addition. DJJ shall contribute Four Million Eight
Hundred Ninety Five Thousand Four Hundred Dollars ($4,895,400.00) to
the project and provide all construction related services through its
contractors, engineers, architects, and other professionals.
2. Payment shall be made as follows:
a. DJJ shall make monthly progress payments to its contractor
until it has paid Eighty Percent (80%) of its total contribution of
$4,895,400.00, or $3,916,320.00.
b. When DJJ has paid 80% of its total contribution, MCSO shall
begin paying its contribution to OJJ.
c. MCSO shall pay its contribution in this manner:
Page 4 of 12
6. EXTERIOR PAINTING: DJJ and the County will pay equal shares of
the costs of exterior painting of the Addition. If the County Public Works
Department does the painting, DJJ will reimburse the County one-half of the
cost.
7. INTERIOR PAINTING: DJJ and the County will be responsible for
interior painting of their respective floors.
8. FIRE SUPPRESSION SYSTEM: DJJ and the County will pay an
equal share of the costs of maintaining the fire suppression system. If the
County Public Works Department performs the maintenance, DJJ will
reimburse the County one-half of the cost.
9. FENCES AND GATES: DJJ will pay for relocation of the existing
vehicle gate but the County shall be responsible for its future maintenance.
DJJ will be responsible for maintaining the any new fences or gates installed
by DJJ.
10. ACCESS CONTROL AND DOORS: DJJ and the County will be
responsible for maintaining access control systems and doors on their
respective floors.
11. HV AC: DJJ and the County will be responsible for maintaining any
HV AC systems installed on their respective floors.
12. GENERATORS: DJJ will install a 1500 kW electric generator with
paralleling equipment to permit it to run separately or in conjunction with
MCSO's existing generator. DJJ and MCSO will be responsible for
maintaining their own generators. Each generator may be used as a back-up
generator for other party's emergency use.
13. TELEPHONES AND INTERNET ACCESS: DJJ will be solely
responsible for providing telephone service and internet access for its use.
14: ROOF: DJJ is responsible for the costs of repair and replacement of
the roof of the Addition.
15. TENANTS AND OPERATORS: DJJ and MeSO shall not be
responsible for any costs related to the occupancy of each respective floor by
a contracted Operator or Lessee with whom it has no privity of contract.
Page 6 of 12
This agreement is not intended to confer rights upon any third parties and is
solely for the benefit ofDn, MCSO, and the County.
ARTICLE VI - LIABILITY AND INSURANCE
1. Dn, MCSO, and the County are agencies of the State of Florida, or
political subdivisions thereof, as defined in Section 768.28, Florida Statutes.
The parties hereto agree that each shall be responsible for any and all claims,
suits, actions, damages and/or causes of action arising during the term of this
Lease for any personal injury, loss of life and/or damage to property
sustained in or about the leased Property by reason or as a result of the
negligence or tortuous conduct of their agents, employees, licensees, and
invitees in the manner provided in Section 768.28, Florida Statutes (2001).
Nothing herein shall be construed as a waiver of sovereign immunity
enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes,
as amended from time to time, or any other law providing limitations on
claims. Any such Contract provider, Lessee or Sublessee of either party
shall indemnify and hold harmless the County, Department of Juvenile
Justice, and MCSO for any tortuous acts pursuant to the provisions of
Section 768.28, Florida Statutes and comply with any insurance
requirements of Exhibit A and B. Indemnification agreements will not be
required of tenants that are agencies of the United States or State of Florida.
2. Pursuant to its obligations in Exhibit A and B, Dn shall procure
and maintain adequate fire and extended risk insurance coverage for any
improvements or structures located on the Addition in amounts not less than
the full insurable replacement value of such improvements by preparing and
delivering to the Division of Risk Management, Department of Insurance, a
completed Florida Fire Insurance Trust Fund Coverage Request Form
immediately upon erection of any structures. However, Monroe County shall
reimburse Dn for the County's proportionate share of the premium, based
on square footage of the second floor, upon request from Dn, unless
otherwise agreed in writing between the parties. Likewise, if a loss occurs,
Dn shall reimburse the County proportionately for its loss from the proceeds
in accordance with the limits of the policy.
3. The contractor during construction shall maintain completed value
builders risk insurance and shall name Dn as "additional insured". In the
event a loss occurs, should Dn elect not to rebuild or repair, Dn would
Page 7 of 12
reimburse the County proportionately for its loss from the proceeds in
accordance with the limits of liability in the builders risk policy.
ARTICLE VII - USE OF COMMON AREAS
1. Elevators, stairs, parking areas within fenced perimeter, grounds
within fenced perimeter, and walkways shall constitute the Common Areas
of the Addition. The Common Areas of the building are for the joint use of
DJJ, MCSO, and the County, as well as their officers, employees, agents and
invitees including any Operator or Lessee of DJJ, MCSO, or the County.
Any and all such persons shall use the common areas in a reasonable,
orderly, and sanitary manner in cooperation with all other occupants and
their officers, employees, agents and invitees.
2. Each occupant will conduct itself and will cause its officers,
employees, agents, and invitees to conduct themselves with full regard for
the rights, convenience, and welfare of all other occupants in the facility.
ARTICLE VIII - MECHANIC'S LIENS
1. No Operators or Lessees will permit any mechanic's lien or liens to be
placed on the Property or on improvements on them. If a mechanic's lien is
filed, it shall be the sole responsibility of the Operator or Lessee causing the
lien to be filed to discharge the lien and to hold harmless and defend DJJ,
MCSO, and the County against enforcement of such lien. Provisions
concerning State not being subject to liens shall be placed in every contract,
lease or sublease that DJJ, MCSO, and the County has with such provider,
operator, lessee, or sublessee. DJJ, MCSO, the County and their Operators
or Lessees shall give notice to all contractors before making improvements
on the Property of this provision of this agreement.
ARTICLE IX- SPECIAL CONSIDERATIONS
I. Payment by MCSO' s share of construction budget
If MCSO fails to pay its agreed share toward the construction of the
juvenile justice facility, DJJ may proceed with construction of a juvenile
justice facility of its own design pursuant to its lease with the County. At
that time, any amendment in existence to the ground lease between DJJ and
the County which allows ownership or use by the County of the second floor
Page 8 of 12
of the Addition will be considered null and void unless stated otherwise in
writing by OJJ.
2. Operation of juvenile justice facility
It is understood it is OJJ's intent to operate a IS-bed detention and 30-
bed residential program at the site in accordance with the terms and
conditions of the VOl/TIS grant. Should OJJ be unable to operate the facility
for a period in excess of three years OJJ will allow the County to utilize the
facility during the period of non-use so long as it conforms with restrictions
and conditions, if any, of the Office of Justice Programs. OJJ will continue
to share in routine maintenance and repair costs during the period of non-
use. Furthermore, the County agrees to turn the facility back over to OJJ
upon sufficient written notice that OJJ intends to resume operation at the
facility.
3. Other obligations under this Agreement
a. IfDJJ, the County, or MCSO fail to perform any other
obligation of this Agreement, then the party to whom the obligation was
owed may give the party responsible for the obligation written notice. If the
party to whom the notice is directed fails to cure its non-performance within
60 days after notice was sent, the party to whom the obligation was owed
may perform the obligation at the expense of the offending party.
b. The requirements of 60 days written notice do not apply when
non-performance creates an imminent danger to the safety of persons or
property. In these cases, the party to whom the obligation is owed is
required to give such notice as is possible under the circumstances, and the
party responsible for the obligation will reimburse the reasonable expenses
of curing the problem.
ARTICLE X- NOTICE AND ADDRESSES
1. All notices required under this agreement must be provided by
certified or registered mail, addressed to the proper party at the following
address:
Page 9 of 12
For DJJ:
Kenneth Mostyn, Construction Project Administrator
Department of Juvenile Justice
2737 Centerview Drive
Tallahassee, Florida 32399-3100
For MCSO:
Richard D. Roth, Sheriff of Monroe County
Monroe County Sheriff s Office
5525 College Road
Key West, Florida 33040
For the County: James Roberts, County Administrator
Public Service Building
College Road
Key West, Florida 33040
2. All parties to this Agreement are governmental agencies. To the
extent that this Agreement may extend past the term of office of any
individual noted above, it shall not be necessary for any party to notify the
other of a change of name for any official above in order for this Agreement
to be enforceable.
ARTICLE XI - INTERPRETATION OF AGREEMENT
1. This Agreement shall be interpreted and construed under the Laws of
Florida. Venue shall be in the Second Judicial Circuit in and for Leon
County.
2. If anyone or more of the provisions of this Agreement are for any
reason held to be invalid, illegal, or unenforceable in any respect, the
invalidity, illegality or unenforceability will not affect any other provision of
this agreement, which shall be construed as if it had not included in invalid,
illegal or unenforceable provision.
3. This Agreement constitutes the entire agreement of the parties and
supersedes any prior understandings or written or oral agreements between
the parties with respect to the subject matter.
4. No amendment, modification or alteration of the terms of this
Agreement is binding unless in writing, dated subsequent to the date of this
Page 10 of 12
Agreement and executed by an individual authorized by each party to enter
into binding contracts.
5. The provisions, terms or conditions of this agreement shall not be
construed as consent by on, MCSO, or the County to be sued because this
Agreement or the operation of a juvenile justice facility as anticipated
herein.
ARTICLE XII - MISCELLANEOUS PROVISIONS
1. The State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature as
specifically outlined in Section 255.2502, Florida Statutes. Performance by
MCSO, other than contributions to the construction budget, is contingent
upon receipt of annual appropriation of its budget by the County.
2. Provisions of this agreement regarding on's responsibility for
construction are subject to on receiving budgetary spending authority from
the Legislature. In the event the Legislature does not approve on's request
for spending authority in excess of its intended contribution to the
construction of the juvenile justice facility, on and MCSO reserve the right
to amend this agreement to provide for an alternate method of arranging for
construction without altering any other provisions of this agreement related
to the occupancy and use of the juvenile justice facility.
3. Before the juvenile justice facility is ready for occupancy, on and
MCSO will work together to secure food service, laundry, and medical and
dental care for residents of the juvenile justice facility in coordination with
MCSO's Bureau of Corrections and the vendors who currently provide such
services. The objective of this effort is to achieve cost savings and efficient
delivery of services. Neither MCSO nor the County has any financial
obligation by reason of this section. It imposes on MCSO only an obligation
to participate in negotiations with current and future vendors and to
coordinate the delivery of any such services provided by MCSO now or in
the future. on shall reimburse MCSO the reasonable costs of any services
provided by MCSO to the residents of the juvenile justice facility.
(Remainder of page intentionally blank-signature page follows)
Page 11 of 12
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the day and year first above written.
MO" COUNTY SHERIFF'S OFFICE
Wt>>.d ~ tilt
Sheriff Richard D. Roth
Date: "IJ/~r I
I
State of Florida
County of Monroe
Before me, the undersigned authority, personally appeared Sheriff Richard D.
Roth, to m personally known, and acknowledged that he signed the foregoing for the
purposes rein expr sed.
OFFICIAL NorARYSEAL
ANNETI'E BARRIOS
NOTARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC737460
MY COMMISSION EXP. JAN. 15.2002
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE
rancis J. larcon
Type/Print Signatory's Name
Deoutv Secretary
Type/Print Title
I 0 . l. S -- tJ 1
Type/Print Date
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA
By:
Attest: DANNY L. KOLHAGE, Clerk
Mayor/Chairperson
Name of Signatory
By:
Date:
Deputy Clerk
SEAL
Page 12 of 12
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LAND~~~~~?NT D~
Th~ lease ~ made and .nlered ;'10 between lit. Slate of Florida, De_eat of Juv.nil. Justice,
h.reinaft.r ref._ to as "LESSEE" and Monroe County, a political subdiv~ion of lit. State of Florida,
hereinafter referred to as "LESSOR." Th. .ffective date ofllt~ lease shall be lit. date of lit. last signature.
WITNESSETH:
WHEREAS, the LESSOR hereby represents and Warrants that the LESSOR is the owner in fee
simpl. absolute of lit. Leased Sit. suhjecllo conv....... condilions reslrictioos........... and oth.r
matters of record and ~ lterewillt provid;.g a copy of lit. deed of record exhibiting fee simpl. titI. along
- a CUrrent cenifl.d survey of Ih. Leased Site showing all matters of record pertajn;.g to lit. Leased
Site.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
h....inafter COnta;.ed, LESSOR I..... lit. Leased Site 10 LESSEE subjecl to lit. following lenns and
conditions:
t. DESCRIPTION OF SITE, Th. propeny subj.cI to lIt~ Lease, is situated ;. lit. County
of Monroe and ~ more particularly described in Exhibil A attached hereto and h....inafter referred to as
the "Leased Site".
2. TERM, Th. I.nn of litis Lease shall be for a period of Fi~ (5f1.l }'Cars. commencing on
lit. last sign"'re date ofllt~ Lease Agreem.nt unless sooner I.nninaled pursuanl to lit. provisions
contaiued willtin this Leas. Agreem.nl. Th. LESSOR h....by Leases to lit. LESSEE and lit. LESSEE
h....by I..... tiom the LESsoR lit. above described Leased Site for lit. I.nn s.lout ;. th~ Leas. and lit.
LESSEE agrees to pay the LESsOR th. SUm of On. Dollar ($1.00) per year which 8Ol0U0t shall be
rendered to th. LESsOR at lit. Monroe Coun Administnuion Ollice. Public Service Bidlclio ,5100
Coli... Road, Key W.... PI. 33040. LESSOR'S Federnlldentiflcation Number is :r1---klJ-8-b.l ~ .
3. PURPOSE: LESSEE shall manage the Leased Site only for the establishment and
operation of a Juvenile Justice Facility along willt ollter related .... necessary for the accomplishment of
Ihis purpose. LESSEE may conlrllcl with a qualified Operator to ruu lit. juvenil. justice program on th.
L.ased Sit.. Said Operalor may. upon written authorization from Ih. LESSEE, acl as LESSEE's ag.nl for
the purpose of enforcing the terms of this Lease.
4. QUIET ENJOYMENT AND RIGHT OF USE: LESSOR warrants that it is seized of the
Leased Site in fee simple absolute and has full right to enter into this Lease. LESSEE shall have the right
of ingress and egress to, from, and upon the Leased Site for all purposes necessary to the full quiet
enjoyment by said LESSEE or LESSEE's Operators, of the rights conveyed herein.
5. DELIVERY AND POSSESSION: Upon the execution of this Lease, the LESSOR shall
deliver possession of the Leased Site to the LESSEE.
6. UNAUTHORIZED USE: LESSEE shall, through its agents and employees, prevent the
unauthorized use of the Leased Site or any use thereof not in confonnance with this Lease. The LESSEE
shall 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: LESSOR or its duly authorized agents shall have the right
from time to time with reasonable advance notice to the LESSEE and OPERATOR to inspect the Leased
Site and the works and operations thereon of LESSEE, in any matter pertaining to this Lease.
8. INSURANCE REQUIREMENTS: LESSEE shall procure and maintain adequate fll'e
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 768.28, 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 thetenn of this Lease for any personal injury, loss of life and/or damage to property
sustained in or about the leased prelrtises by reason or as a result of the negligence or tortuous conduct of
their agents, employees, licensees, and invitees in the manner provided in Section 768.28. Florida Statutes
(1995). Nothing herein shall be construed as a waiver of sovereign immunity enjoyed by any party hereto,
as provided in Section 768.28, Florida Statutes (1995), as amended from time to time, or any other law
providing limitations on claims.
10. EASEMENTS: All easements including, but not limited to, utility easements are
expressly prohibited without the prior written approval of LESSOR. Any easements not approved in
writing by LESSOR shall be void and without legal effect. In order to provide for the more orderly
2
development of the Leased Site, it may be necessary, desirable, or required that right-of-way, street, utility
lines and easements or licenses or similar rights be granted over or within portions of said Leased Site.
LESSOR shall, upon request of LESSEE, join with LESSEE in executing and delivering such documents
throughout the term of this Lease, as may be appropriate, necessary or required by any governmental
agencies, public utilities, and companies for this purpose. LESSOR shall not unreasonably withhold its
written approval for any such easement or utility and all expenses wil~ be borne by the LESSEE. LESSEE
additionally will be responsible for the utilities being turned off, but not removed, at the surrender of the
Leased Site.
II. LAND DEVELOPMENT REGULA nONS: LESSEE will take all necessary efforts to
obtain any subdivision Leased Site plan(s), environmental audits, or building approvals on or for the
Leased Site, or any part thereof with which LESSEE may be required to comply. LESSOR agrees to assist
the LESSEE in the creation and execution of such documents, petitions, applications and authorizations as
may be appropriate or required to submit the Leased Site, or any part thereof, for the purpose of obtaining
such approvals. If for any reason easements. land development regulations or environmental issues cause
the proposed use of this Leased Site unusable for the LESSEE'S intended purpose this Lease shall be null ..
and void.
12. EXPENSES: Unless expressly agreed to herein, expenses for obtaining approvals, plans,
permits or other forms of authorization necessary to establish and operate a Juvenile Justice Facility shall
be borne solely by LESSEE. LESSOR shall be without expense unless otherwise agreed to herein.
13. SUBLEASES AND ASSIGNMENT: The LESSEE, upon obtaining the written consent
of the LESSOR. which written consent shall nor unreasonably be withheld, shall have the right to sublet all
or any part of the Leased Site, or to assign all or any part of the Leased Site.
14. SURRENDER OF LEASED SITE: Upon expiration, cancellation, or termination of this
Lease, LESSEE shall surrender the Leased Site, to LESSOR. In the event LESSEE determines no further
use of the Leased Site.or any part thereof is needed, LESSEE shall give written notification to the LESSOR
at least six (6) months prior to the release of any or all of the Leased Site or termination of this Lease.
15. DUPUCA TE ORIGINALS: This lease is executed in duplicate originals each of which
shall be considered an original for all purposes.
buildings, improvements, signs and fixtures..staall be constructed at the expense of LESSEE and shall
16. PLACEMENT. REMOVABLE, AND OWNERSHIP OF IMPROVEMENTS: All
..
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remain the property of the LESSEE, as its interest may appear. LESSEE shalI have the right at any time
during LESSEE'S occupancy of the Leased Site to remove any equipment or buildings owned in, on or
under the Leased Site acquired by LESSEE. It shalI remain the option of the LESSEE during the initial
tenn of this Lease Agreement, or any renewal time period thereof. to remove, sell, demolish, or negotiate
with the LESSOR. for the purchase of any existing improvements, either in part or whole.
17. CONSTRUCTION BY LESSEE AND GENERAL CONDITIONS: LESSEE shall have
the right, at any time during the tenn of this Lease, to erect, maintain, alter, remodel, reconstruct, rebuild,
and replace buildings and other improvements on the Leased Site, and to correct and change the contour of
the Leased Site, subject to the folIowing conditions:
17.1 The cost and any fees related to any such construction, reconstruction,
demolition, or of any change, alteration, or improvements shalI 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 shalI 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 alI 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 affectiri'g the Leased Site, any act which may
.:.~v
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 will not relieve the
LESSOR of any existing legal liability for the environmental condition of the property and shall not be
construed to limit the LESSOR's legal liability under any local, state or federal environmental law
regulating waste and hazardous materials located on the property, nor shall this lease impose any of the
LESSOR's existing legal liability for environmental cleanup on the LESSEE, its successors or assigns. If
at any time during the tenn of this Lease any hazardous materials are discovered on the Leased Site
LESSOR will promptly take whatever clean-up or abatement actions necessary and will return the Leased
4
Site to a condition which may be used for a Juvenile Justice Facility as contemplated herein. This section
shall not be construed to impose any additional liability beyond that imposed by law Upon LESSOR for
costs of any clean up or abatement actions, if the conditions requiring said clean up or abatement are
attributable to the use of the property by LESSEE, its agents or assigns.
18.3 Nothing in this section should be construed as a waiver by LESSOR or LESSEE
of any claim against third persons or parties responsible for any costs ~f environmental damage and clean
up on the Leased Site during the tenn of this Lease Agreement.
19. MAINTENANCE, REPAIRS AND DESTRUCTION OF IMPROVEMENTS: LESSEE
throughout the tenn of this Lease, without any expense to the LESSOR, shall keep and maintain the Leased
Site, including any buildings and improvements thereon, in good, sanitary and neat order, condition and
repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fIXtures and
appurtenances, landscaping of grounds within the Leased Site as well as buildings and improvements on
the Leased Site. Such repair may also include structural repair, if deemed necessary by the LESSEE.
LESSEE shall also comply and abide by all Federal, State, Municipal and other Governmental Statutes,
ordinances, buildings and improvements thereon, or any other activities or condition on or in the Leased ..
Site.
19.1 If the Leased Site is partially damaged by any casualty insurable under the LESSEE'S
insurance policy, or its self-insurance program, LESSEE may at its option upon receipt of the insurance
proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the
Leased Site, including buildings and improvements thereon: (a) are rendered wholly untenantable by
reason of such OCcurrence or, (b) damaged, in whole or in part, to the extent of FIFTY PERCENT (50%) or
more of the replacement cost on date of loss thereof, in the sole judgment of LESSEE, then in either of
such event, LESSEE may repair the damage or choose not to repair the damage. LESSEE may upon 90
days notice to LESSOR cancel this Lease pUrsuant to this section.
19.2 Notice of cancellation within ninety (90) days after either of the above described
events OCcur, and ther;eupon this Lease shall tenninate, and LESSEE shall vacate and surrender the Leased
Site to LESSOR. In the event of such cancellation due to either of the above described events, the
LESSEE shall receive proceeds from any policy of insurance or proceeds ~or the self-insurance program.
20. JURlSDICTlON: In the event of litigation between the parties with respect to this
Lease, venue and shall be in the Second Judicial Circuit in and for Leon County, Florida.
5
21. WAIVER: The failure of LESSOR or LESSEE to insist in anyone or more instances
upon strict performance of anyone or more of the covenants, terms and conditions of this Lease shan not
be construed as a waiver of such covenants, terms and conditions, but the same shall continue in fun force
and effect, and no waiver of LESSOR or LESSEE of anyone of the provisions hereof shall in any event be
deemed to have been made unless the waiver is set forth in writing an~ signed by LESSOR or LESSEE.
22. CONDITIONS AND COVENANTS: All of the provisions of this Lease shan be deemed
covenants running with the land included in the Leased Site, and construed to be "conditions" as well as
"covenants" as though the words specifically expressing or imparting covenants and conditions were used
in each separate provision.
23. ZONING: LESSOR hereby warrants that the Leased Site is properly zoned for use as a
Juvenile Justice Facility. LESSOR shall not seek to prohibit, enjoin, or otherwise delay or inhibit use of
the Leased Site as a Juvenile Justice Facility pursuant to any zoning code or regulation.
24. TIME: Time is expressly declared to be of the essence of this Lease.
25. GOVERNING LAW: This Lease shall be governed by and interpreted according to the
laws of the State of Florida. This Lease was executed and shall be performed in the State of Florida.
26. SECTION CAPTIONS: Articles, subsections and other captions contained in this Lease
are for reference purposes only and are in no way intended todescribe, 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 certified or registered mail sent to the other party at the address set forth below, or to
such other address as such party may from time to time designate by notice.
6
Notice to the LESSOR shall be addressed to:
State of Florida
County of Monroe
Monroe County Administration Office
Public Service Building
5 100 College Ave.
Key West. FJ. 33040
Notice to the LESSEE shall be addressed to:
Department of Juvenile Justice
Facilities Services
Koger Executive Center
Knight Building, Suite I 14
2737 Centerview Drive
Tallahassee, Florida 32399-3 100
30. RADON GAS: In compliance with Section 404.056, Florida Statutes, all parties are
hereby made aware of the fOllowing: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it
over time. Levels of radon that exceed federal and state guidelines have been found in bUildings in Florida.
Additional infonnation regarding radon and radon testing may be obtained from your county public health
unit.
31. ENTIRE UNDERSTANDING: This Lease sets forth the entire understanding between
the parties and shall only be amended with the prior written approval of LESSOR and LESSEE.
7
In WITNESS WHEREOF, the parties have caused the Lease Agreement to be executed on the day and
year fll'St above written.
ATTEST:
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Witness
LESSOR:
~tl~A.'~_":"~ '-~ ~L)
Wilhelmina Harvey, Mayor
Monroe County
DATE~~<t ~C ~
STATE OF FLORIDA
COUNTY OF ---1rIdY'vl ~
The foregoing instrument was acknowledge before me this ~~
by lULQI.D~~ . ~cu..u.u... ,as YY\<:u1 <tl J
who ali isl8fe personally known to me and\vho did/(did not) take an oath.
My Commission Expires:
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Printed, typed or stamped name:
(Serial Number, if any)
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By'
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledge before me this r1.9 day 0
by fi..tMl"..j~/) J.flla..rc/JI" ,as
as islare Rcrc;nn"lIy knQwn to me and who did! aid no ) take an oath.
My Commission Expires:
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8
8
EXHIBIT "A"
A parcel of land, formerly submerged in the Bay of Florida, and being part of the land
described in Trustees of the Internal Improvement Trust Food of the State of Florida
(flIP) 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 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"
W for a distance of 59.74 feet to a point; thence N 56017'08" W for a distance of 81.09
feet to a point on the Northeasterly extension of a Southeasterly face of the Detention
Center building; thence S 33007'42" W, along the said Northeasterly extension and the
said Southeasterly face, for a distance 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 N71~6'47" E for a distance of 75.48 feet to a point; thence N45~6'47" E
for a distance of61.81 feet to a point; thence N34039'37" E for a distance of 42.28 feet to
a point; thence N53012'53" W for a distance of 17.69 feet back to the Point of Beginning.
9
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8
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CLERK'S ORIGINAL
lEASE AMENDMENT
.Juvenile .Justice Detention Facility
nus LEASE AMENDMENT is entered into by and between Monroe County, 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 purpose 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.
LESSOR: BOARD OF COUNTY COMMISSIONERS
~OE COUNlY. FLORIDA
Y f)-.e ~~
Mayor/Chairman
-
Witness
Date
dc1..<K
'1 ~.O I
.
Witness
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument
2001,
was acknowledge before me this
by
day of
as
. who is personally known to me and who did take an oath.
Typed Notary Name and Number
Notary Signature and Seal
(SEAL)
LESSEE: STATE OF FLORIDA,
DEPARTMENT OF JUVEND..E JUSTICE
By
Deputy Secretary
Witness
Witness
Date
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument
2001,
was acknowledge before me this day of
~ . as
. who is personally known to me and who did take an oath.
Typed Notary Name and Number
Notary Signature and Seal
J'dleaseJJ'D
. .
-
-
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
(I1IF) 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 S3']024 '3T' W for a distance of 51 feet to the POINT OF BEGINNING of the
parcel herein being described; thence N53012'53" W for a distance of35.03 feet to a
point; thence N 42017'13" W for a distance of60.81 feet to a point; thence N 52004'48"
W for a distance of59.74 feet to a point; thence N 56017'08" W for a 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 N71~6'47" E for a distance of 75.48 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 N53012'53" W for a distance of 17.69 feet back to the Point of Beginning.
9