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Resolution 084-1990 RESOLUTION NO. 084 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE AGREEMENT BETWEEN MONROE COUNTY AND THE NATIONAL WARPLANE MUSEUM, CONCERNING THE USE OF CERTAIN AREAS LOCATED AT THE MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby authorizes the Mayor to approve the agreement between Monroe County and the National Warplane Museum, concerning the use of certain areas located at the Marathon Airport as a site for an aircraft display open to the public, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this JIII-L day of ~~""""J-~ ' 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF MONR~,COUNTY, FLORIDA BY~~ Mayor / Chairman __' (Seal) Attest: DANNY L. KOLHAGE, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By~~,a'W.~ Attorn ~'s Office .j'dNm~ vs: l d Of: N~r 06. li_! <, " AGREEMENT THIS AGREEMENT made by and between NATIONAL WARPLANE MUSEUM, hereinafter referred to as the Museum, and MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the County, who enter into the following under- standing and agreement: WIT N E SSE T H: That for and in consideration of the various premises and covenants herein set forth, the parties do agree as follows: WHEREAS, the Museum desires to use a certain area located at the Marathon Airport, owned by the County, for a site for an aircraft display open to the public. WHEREAS, the Museum does agree that if permission is granted for the use of said property that the County shall be completely indemnified and held harmless in all respects for the use of said property, from the standpoint of personal Ii.ability and respon- sibility, and WHEREAS, the County desires to cooperate with the Museum in permitting the public to use this area with certain safeguards, and WHEREAS, such an aircraft display is a public benefit to the County, now, therefore, BE IT AGREED AND UNDERSTOOD by the parties as follows: 1. That the County agrees to provide a space at Marathon Airport of approximately one acre as located on attached Exhibit A for an aircraft display. 2. That the Museum does hereby agree that it will have issued a general liability policy for one million ($1,000,000.00) dollars, wherein the County shall be shown thereon as a coinsuired. The Museum shall carry its insurance coverage with insurance companies authorized to do business in the State of Florid~. It is understood that the premiums of this insurance shall be the sole responsibility of the Museum; it is further understood that the County has no insurance that covers a special event of this sort. 3. That the Museum agrees to assure that the event will not be a nuisance to adj acent properties by noise or outdoor lights .- 4. That the Museum shall provide adequate security for the aircraft display. 5. That the Museum will meet all safety traffic standards. 6. That the Museum agrees to provide an adequate number of portable restroom facilities for the public. 7. That the Museum agrees to ensure the General Aviation ramp area is cleared of trash and debris and is returned to its original state of cleanliness. A refundable deposit of $250.00 will be made to the County to be used for additional cleanup resources if required. 8. The Museum does hereby agree to hold the County harm- less for any claims of any sort made because of this event. In addition to holding the County harmless as aforesaid, the Museum does hereby agree to indemnify the County in all respects based on any such claims or contentions and to defend against any such claims. 9. The term of this contract is lip/? J L .]u/ /770 , 1990, to 10. The Museum agrees to pay rent to the County of $1.00 per year. IN WITNESS lo."HEREOF, we hereby set our hands and seals on this day of , 1990. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By kayor/Chairman (SEAL) Attest: Clerk NATIONAL WARPLANE MUSEUM By President (SEAL) Attest: Secretary AIMOVEDAS TO FORM AND LEGAL SUFFICIENCY. . r\ 8Y%~~~~ Attarnf>v',<; Ofl..-,:", : fI 1 :0 " o :XI .... " :D .0 " m :D -t -< r- ~ I I m x " t' (] '-+-- . , I IW l I I I I I jJ )> In I: I)> 10 I I I I I t t I , I I J-- ----. , j --- -- ,- I C) I , ~ I , m , I ~ I , r- m I I ~ ~ I -C/) , )> -t ,:j Z , r ~ C) I I )> , , ~ I C=::J [.J , 0 I I_~O ,Z I I .,,1 I ~ I I 0 , ~ , o. 'ZJ ~, ,~ ~I Its 2 I~ ~, , ~ m, Its -- ~ fjl f 1 , " r' I I I I I ~ I I I I s.-_~ ~ \ I \ I \ I 0 \, -" c.iJ :aJ~ m -tm () -< C i ~ m -i -< 11 Z () :? m,] '-J ~ 1) r. .'"1 )0. <: x,; ~u; j j, ~ ~, )> G) , '"Om :0 Z. Z :0 r ~ )> b. V r- ~ ~ ,~ ~ 10' -, . ~ l, , ~ '-.c ~ -..r7L: r-m m ., (D 4()' "m ex m_ r-oo "..... l>z :J:JG) ~ I I~ (lie: Oz g~ .. )> )( -< .....'" o 0 ~ QCl1 o .---- .-----..,. o 300' _ ~8~__ __ o ..... )> x ~ )> -< e )> :I o ,t r I o ./ \ \ '; :.":"-' ""-,"l',,'",' ,.-", l:;,'''~~'''~ ~i~-.ltc' ~~~/'!'.~~;~;'l,:.t~I'P"~:;'~""I'"'ttr~~N':') .. ~ .'~';::'''.:~2f'.:::.:'~'+:'.;':-I:~_<.~1:''):4~;:~~. _ ].~:":4;"': , ~p~~~. ..:'.... , ",~:;?r~\;';:.' ~ .~;--. ____.n At~ttlllt. CERTIFICATE OF INSURANCE ISSUE DATE (MM/DDNY) PRODUCER 10/19/89 Frank E. Luellen Agency. Inc. 189 N. Water St. Rochester, NY 14614 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW CODE SUB-CODE COMPANY A LEITER COMPANIES AFFORDING COVERAGE ( A via tion Office of America) American Eagle Insurance Co. INSURED COMPANY B LEITER National Warplane Museum of Geneseo. Inc. P.O. Box 159, Big Tree Farm Geneseo. NY 14454 f~~~~NY C f~~~~NY D f~~~~NV E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAV BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. cO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDIYYJ DATE (MM/DD/YY) ALL LIMITS IN THOUSANDS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. 700SP375042910 GENERAL AGGREGATE S PRODUCTSoCOMPIOPS AGGREGATE $ PERSONAL & ADVERTISING INJURY S EACH OCCURRENCE $ 2, 000 , FIRE DAMAGE (Anyone fire) $ MEDICAL EXPENSE (Anyone person) $ COMBINED SINGLE $ LIMIT A OWNER'S & CONTRACTOR'S PROTo x Aircraft Liability AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OWNED AUTOS GARAGE LiABILITY BODIL Y INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ S OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY s S $ (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE OTHER I I DESCRIPTION OF OPERA TIONS/LOCA TIONSIVEHICLESIRESTRICTIONS/SPECIAL ITEMS I I County of Monroe, FL is named as additional insured. I CERTIFICATE HOLDER I County of Monroe. FL I c/o Mr. & Mrs. Charles Hughes II. 301 Sombrero Blvd.. #101 . Marathon. FL 33050 I I I I I I i ACORD 25-8 (3/88) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAil ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. t:~