R. County Attorney
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Seotember 19. 2007
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of the Second Extension to the Anderson Outdoor Advertising Agency Agreement with John
Anderson.
ITEM BACKGROUND:
The County entered into an Advertising Agency Agreement with Anderson Outdoor Advertising on
January 19, 2000. An extension agreement was entered into extending the original agreement through
November 30, 2009. Due to the terminal renovation, Anderson Outdoor Advertising will be investing
approximately $100,000 in the new terminal. To offset the investment, the County is agreeing to a
second extension to the agreement.
PREVIOUS RELEVANT BOCC ACTION:
Approval of original agreement entered in to January 19, 2000 and approval of the extension agreement
entered in to November 17, 2004.
CONTRACT/AGREEMENT CHANGES:
See attachment.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: N/A
BUDGETED: Yes
No XX
COST TO COUNTY: $36.000
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No_
AMOUNT PER MONTH: Minimum $3.000
belrinnimz Nov. 31. 2009. $5.000 beginning
Nov. 31. 2010
APPROVED BY: County Arty it
DOCUMENTATION: Inc1uied X
OMBlPurchasing _ Risk Management_
Not Required_
AGENDA ITEM # ~ ~ s;-
e.uw ~~~
DISPOSITION:
Revised 2/05
-
SECOND EXTENSION AGREEMENT
ANDERSON OUTDOOR ADVERTISING AGENCY
Iffiy WEST INTERNATIONAL AIRPORT
'"
.,'
TIDS SECOND E:xU<;NSION AGREEMENT hereinafter "AGREEMENT" is made and
entered into this _ day of . 2007, by and between MONROE COUNTY, a political
subdivision of the State of Florida, whose address is the Key West International Airport, 3491 South
Roosevelt Boulevard, Key West, FL 33040, hereinafter "COUNTY", and ANDERSON OmDOOR
ADVERTISING, INC., whose address is 1104 Truman Avenue, Key West, FL 33040, hereinafter
"CONTRACTOR". The parties agree as follows:
WHEREAS, the couNTY has determined that it is in the best interest of the COUNTY to
contract for an advertising agent to handle all advertising at the Key West International Airport Terminal;
and
WHEREAS, on the 19t1i day of January, 2000, the parties entered into an Advertising Agency
Agreement (hereafter Original Agreement) for an advertising agent to handle all advertising at the Key
West International airport (copy;attached hereto as Exhibit "A'j, and
:1
WHEREAS, on the 17th;!iay of November, 2004, the parties entered into an Extension Agreement
extending the term of the Origlpal Agreement to November 30, 2009 (copy attached hereto as Exhibit
''B''),with all other terms and co~ditions of the Original Agreement to remain in full force and effect, and
i
.:
WHEREAS, the CO~CTOR will be required to invest approximately $100,000 in advertising
equipment in order to comply ~ the terms of this AGREEMENT, and
I;
WHEREAS, the parties 4esire to further extend the term of the Original agreement entered into on
the 19th day ofJanuary, 2000;,
i
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth
below, the parties agree as follo}Vs:
,
1. TERM. The initial ~erm of this Second Extension will be for a period of five (5) years
beginning Novembet. 31,2009 and expiring November 30,2014 with an option to extend for
an additional five (51 years beginning November 31, 2014 and expiring November 30,2019, if
the CONTRACTORiprovides written notice of its desire to extend this Second Amendment 30
days or more before frf end of the initial five year term.
ii'
2. SCOPE OF SERVICES: The CONTRACTOR services shall include, but not be limited to,
the following: :! i
I' :
, ,
A. Obtain adve~sl rs.
B. Contract for ceo
C. Install, servi . d maintain all advertising displays.
D. The Contrac further agrees to include the following improvements in the scope of
services:
1. State of
wall of
2. Wall pbo:
of hotels, I
3. 'Several s'
I
througho ,
i
,
e art, custom built light boxes, which will be designed to go on the back
nveyor belt.
or free standing telephone display which will be used for reservations
urants, rental agencies and tourist attractions.
lling free stand ad panel machines which will be placed strategically
e airport.
Page lof9
I
4. Up to twelve (12) wall mounted light boxes (color
coated tci,match wall color) which will be recessed into the walls so as not to affect
any traffib flow.
5. Three (3) 40-inch plasma screen televisions which will mount from the ceiling.
These Tf'S will be showing local TV spots, as well as, commercials of local
b;tsiness s.. . C. omputers for TV's will be placed in the air conditioned room with the
8lrport c mputers.
The Contractor agrees! that the services enumerated in this section constitute an ongoing
obligation. The failure tp provide and/or furnish and/or maintain any of the above listed services
for a period of30 days s~all constitute a breach of this AGREEMENT.
All advertising and in~llation of advertising equipment shall be subject to approval by the
Airport Manager, whichi approval shall not be unreasonably withheld.
i
3. REVENUE. Begiruiring November 31, 2009, all advertising income for the first year of the
five (5) year term stiall be divided 50% to COUNTY and 50% to CONTRACTOR or $3,000,
whichever is greater! Beginning November 31, 2010, all advertising income for the remaining
four (4) years of the five (5) year term, shall be divided 54% to COUNTY and 46% to the
CONTRACTOR or $5,000, whichever is greater.
Should the CONTRACTOR exercise the option to extend for the additional five-year term,
beginning Novembei: 31,2014, all advertising income throughout the additional five (5) year
term shall be divided 60% to COUNTY and 40% to the CONTRACTOR or $7,000, whichever
is greater.
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4. PAYMENT. All payments shall be made to COUNTY monthly by check for the prior
calendar month. Th9 monthly payment shall be:
a. During the first vear of the initial five-vear term the monthlv oavment will be: the
greater ofth~ 50% of the prior month's income or $3,000
b. The remainirig four (4) years of the initial five~vear term: the greater of $54% of the
prior month'~ income or $5,000
c. The additional five vear term: the greater of 60% of the prior month's income or
$7,000
If any payment is not made within the first fifteen (IS) days after the end of the month
during which the advertising income was received by CONTRACTOR, the CONTRACTOR
shall pay interest thereon, computed at the rate established under Sec. 55.03, Florida Statutes,
for the year in whicbJ the payment became overdue.
5. BOOKS. RECORDS and DOCUMENTS. CONTRACTOR shall maintain all books, records,
and documents direWy pertinent to performance under this agreement in accordance with
generally accepted *ounting principles consistently applied. Each party to this agreement or
their authorized rep~esentatives shall have reasonable and timely access to such records of
each other party to this agreement for public records purposes during the term of the
agreement and for four (4) years following the termination of this agreement. The COUNTY,
acting through its Fipance Director or other authorized representative or the Monroe County
Clerk of Court or olher authorized representative, shall have the right to inspect and audit
CONTRACTOR's bpoks of accounts and other records directly generated at the Key West
International Airport or otherwise pertaining to this agreement. Knowingly furnishing the
COUNTY a false statement of its monthly income under the provisions hereof will constitute a
default by CONTRACTOR of this agreement and the COUNTY may, at its option, declare
2
this lease terminated. CONTRACTOR retains the right to have its controller or
a representative assigned by its controller to be present during any inspection or audit by the
COUNTY. Ten (10) business days notice must be given of intent to audit by the COUNTY to
allow CONTRACTOR's controller sufficient time to schedule said presence. Nothing
contained within this section waives attorney/client or attorney work product privilege.
6. RATE CONSULTATIONS. CONTRACTOR shall consult with the Airport Manager on the
setting of advertising rates to insure that COUNTY receives as much revenue as possible, in
line with rates that will insure fair market value of the available space.
7 . LAWS AND REGULA TrONS. Any and all services, materials and equipment provided under
this First Amendment shall comply fully with all local, state and federal laws and regulations.
8. TAXES. The COUNTY is exempt from federal excise and State of Florida sales tax.
9. RELATIONSHIP OF PARTIES. The CONTRACTOR is an independent contractor and
neither it or its employees shall, under any circumstances, be considered servants or agents 0 f
the COUNTY; and the COUNTY shall at no time be legally responsible for any negligence or
omission on the part of CONTRACTOR, its employees or agents, resulting in either bodily or
personal injury or property damage to any individual, firm, or corporation. The
CONTRACTOR shall be required to list any and all potential conflicts of interest as defined
by Florida Statutes, Chapter 112 and Momoe County Code and shall disclose to the COUNTY
all actual or proposed conflicts of interest, financial or otherwise, direct or indirect, involving
any clients' interest which may conflict with the interest of the COUNTY.
10. ASSIGNMENT. The CONTRACTOR shall not assign, transfer, conveyor otherwise dispose
of this Contract or any or all of its right, title or interest therein, or its power to execute such
contract to any person, company or corporation without prior written consent of the COUNTY,
such consent not to be unreasonably withheld.
11. COMPLIANCE WITH NON-DISCRIMINATION LAWS. CONTRACTOR shall furnish all .
services authorized under this AGREEMENT on a fair, equal and non-discriminatory basis to
all persons or users thereof charging fair, reasonable and non-discriminatory prices for all
terms and services which it is permitted to sell or render under the provisions hereof.
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. COUNTY and
CONTRACTOR agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on the
basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC S5. 6101-6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (pL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (pL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, 5S. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights
3
,
Act of 1968 (42 Lisc s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or Jiinancing of housing; 9) The Americans with Disabilities Act oIl990 (42
USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the
basis of disability; 1d) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of, this Agreement.
12. lNSURANCE. The CONTRACTOR shall maintain insurance coverage through the term of
this contract in accorc!la.nce with Exhibit "C".
13. HOLD HARMLESS: lNDEMNIFICATION: DEFENSE: RELEASE: SURVIVAL.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, CONTRACTOR shall defend, indemnifY and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses (including,
without limitation, costs of remediation and costs of additional security measures that the
Federal Aviation Administration, the Transportation Security Administration or any other
governmental agency requires by reason of, or in connection with a violation of any federal
law or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents,
contractors or other invitees on the Airport during the term of this AGREEMENT, (B) the
negligence or willful misconduct of CONTRACTOR or any of its employees, agents,
contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors
or invitees (other tha.i1 CONTRACTOR). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this lease, this section will survive the expiration of the term of this lease or any
earlier tennination of this lease.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this First Amendment. .
14. RULES AND REGULATIONS.
A. COMPLIANCE. CONTRACTOR shall comply with all ordinances of the COUNTY,
including any reasonable rules and regulations with respect to use of Airport property, as the
same may be amended from time to time, all additional laws, statutes, ordinances, regulations
and rules of the federal state and county governments, and any and all plans and programs
developed in compliance therewith, which may be applicable to its operations or activities
under this First Amendment, including specifically, without limiting the generality thereof,
federal air and safety laws and regulations and federal, state, and coUnty environmental,
hazardous waste and materials and natural resources laws, regulations and pennits.
B. VIOLATIONS. The CONTRACTOR agrees to pay on behalf of the COUNTY any
penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the
COUNTY any claim, assessment, or civil action, which may be presented or initiated by any
agency or office of the federal, state, or county governments, based in whole or substantial part
upon a claim or allegation that the CONTRACTOR, its agents, employees or invitees have
violated any law, ordinance, regulation, rule or directives described in 14(A) above.
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15. GOVERNING LAWNENUE. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida applicable to contracts made and to be
performed entirely in t/1e State.
In the event that finy cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue
will lie in the approI!riate court or before the appropriate ~nm;n;strative body in Monroe
County, Florida. ,
The County and Contractor agree that, in the event of conflicting interpretations of the
terms or a term of thi~ Agreement by or between any of them the issue shall be submitted to
mediation prior to the }nstitution of any other administrative or legal proceeding.
16. ENTIRE AGREEMElNT/AMENDMENT. This writing embodies the entire agreement and
understanding betwecln the parties hereto, and there are not other agreements and
understandings, oral ot written, with reference to the subject matter hereof that are not merged
herein and supersededl hereby. Any amen~e~t to this First. Amendment shall ~e in writin~,
approved by the Board. of County CommIssIoners, and SIgned by both parties before It
becomes effective.
17. SEVERABILITY. If'any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent ofthe stricken provision.
18. PERSONAL PROPERTY. Any personal property of CONTRACTOR or others placed in the
premises of the Airport shall be at the sole risk of the CONTRACTOR or owners thereof, and
the COUNTY shall not be liable for any loss or damage.
19. NOTICE. Notices to either party as required by this First Amendment shall be sufficient if
sent by certified mail, postage prepaid, addressed to:
For COUNTY:
Airport Manager
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
For CONTRACTOR:
John H. Anderson, President
Anderson Outdoor Advertising, Inc.
1104 Truman Avenue
Key West, FL 33040
20. AUTHORIZED USES ONLY. . The CONTRACTOR shall not use or permit the use of the
Airport for any illegal or unauthorized purpose or for any purpose or for any purpose which
would increase the premium rates paidby the County on, or invalidate, any insurance policies
of the County or any policies of insurance written on behalf of the CONTRACTOR under this
Agreement.
21. FEDERAL SUBORDINATION. This AGREEMENT shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has been or
5
may be required as a condition precedent to the expenditure of federal funds for
the development of the Airport. All provisions of this AGREEMENT shall be subordinate to
the right of the United States of America.
22. RIGHTS OF COUNTY AT AIRPORT. The COUNTY shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to
construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be
free from any and all liability to the CONTRACTOR for business damages occasioned during
the making of such repairs, alterations and additions, except those occasioned by the sole act
of negligence of the COUNTY, its employees or agents.
23. RIGHTS RESERVED. Rights not specifically granted the CONTRACTOR by this
AGREEMENT are reserved to the COUNTY.
24. AUTHORITY. The CONTRACTOR'S name in the AGREEMETN is the full name as
designated in its corporate charter and the signatory is empowered to act and contract for the
CONTRACTOR. This AGREEMENT has been approved by the CONTRACTOR'S Board of
Directors.
25. ETHICS CLAUSE. CONTRACTOR warrants that it has not employed, retained or otherwise
had act on its behalf any fonner COUNTY office or employee in violation of Sec. 2 of
Ordinance No. 10-1990, or any COUNTY officer or employee in violation of Sec. 3 of
Ordinance No. 10-1990. For breach or violation of this provision, the COUNTY may, at its
discretion, terminate this First Amendment without liability, and may also, at its discretion,
add to the First Amendment price or otherwise recover, the full amount of any fee,
commission, percentage, gift or consideration paid to the fonner or present COUNTY officer
or employee.
26. PUBLIC ENTITY CRIME. 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 or leases of real property to public entity, may not be awarded or perfqnn 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
Sec. 287.Q17, for Category Two for a period of36 months from the date of being placed on the
convicted vendor list.
27. ATTORNEY'S FEES and COSTS. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative,
and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe
County.
28. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
6
29. AUTHORITY. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and CONTRACTOR
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this AGREEMENT or by Florida law.
31. COOPERATION. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
AGREEMENT, COUNTY and CONTRACTOR agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other activities related to
the substance of this AGREEMENT or provision of the services under this AGREEMENT.
COUNTY and CONTRACTOR specifically agree that no party to this AGREEMENT shall be
required to enter into any arbitration proceedings related to this AGREEMENT.
32. COVENANT OF NO INTEREST. COUNTY and CONTRACTOR covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this AGREEMENT, and that only interest of
each is to perform and receive benefits as recited in this AGREEMENT.
33. NO SOLICITATIONIPAYMENT. The COUNTY and CONTRACTOR warrant that, in
respect to itself, it has neither employed nor retained any company or person, other than a bona
fide employee working solely for it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this AGREEMENT. For the breach
or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this AGREEMENT without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift,
or consideration.
34. PUBLIC ACCESS. The COUNTY and CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this AGREEMENT; and
the COUNTY shall have the right to unilaterally cancel this AGREEMENT upon violation of
this provision by Contractor.
35. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 286.28, Florida
Statutes, the participation of the COUNTY and the CONTRACTOR in this AGREEMENT
and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of immunity
to the extent of liability coverage, nor shall any contract entered into by the COUNTY be
required to contain any provision for waiver.
36. PRNILEGES AND IMMUNITIES. AIl of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
7
compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the COUNTY, when performing their
respective functions under this AGTREEMENT within the territorial limits of the County shall
apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the County.
37. LEGAL OBLIGATIONS AND RESPONSIBILITIES. Non-Delegation of Constitutional or
Statutory Duties. This AGREEMENT is not intended to, nor shall it be construed as, relieving
any participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or responsibility.
Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
38. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the
terms, or any of them, of this AGREEMENT to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR
or any agent, officer, or employee of either shall have the authority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this AGREEMENT separate and apart, inferior to, or superior to
the community in general or for the purposes contemplated in this AGREEMENT. .
39. ATTESTATIONS. CONTRACTOR agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
40. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of Monroe County
shall be liable personally on this AGREEMENT or be subject to any personal liability or
accountability by reason of the execution of this AGREEMENT.
41. EXECUTION IN COUNTERPARTS. This AGREEMENT may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may. execute this
AGREEMENT by singing any such counterpart.
42. SECTION HEADINGS. Section headings have been inserted in this AGREEMENT as a
matter of convenience of reference only, and it is agreed that such section headings are not a
part of this AGREEMENT and will not be used in the interpretation of any provision of this
AGREEMENT.
43. MUTUAL REVIEW. This agreement has been carefully reviewed by CONTRACTOR and the
COUNTY, therefore this agreement is not to be construed against either party on the basis of
authorship.
44. TERMINATION. This AGREEMENT may be canceled at the discretion of the County in the
following circumstances:
a) CONTRACTOR fails to timely pay the rent;
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b) CONTRACTOR fails to obtain the insurance required under this lease or
allows the required insurance coverage to lapse or fall below the minimum required;
c) CONTRACTOR otherwise breaches the terms of this lease.
In the case of the default/breach occurrences described in subparagraphs (a), (b), or (c), the
County's Director of Airports shall first give the CONTRACTOR a written notification stating the
default/breach and that the CONTRACTOR has 10 days to correct the default/breach. If the
CONTRACTOR has not commenced correction of the default/breach at the end of the 10 days, then the
COUNTY may cancel the lease in its discretion.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor Mario Di Gennaro
WITNESSES:
ANDERSON OUTDOOR ADVERTISING, INC.
-
(\ rOt ~~I ~
ture "
BY~~
J . ANDERS ,residen
G<V\.. .~-~tA~
t Name
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Signature
/t-eIe:/c- 1/ Shl1P5
Print Name
9
Property Information for 1124621
Monroe County Property Appraiser
Property Information for:
Alternate Key: 1124621
RE Number: 00106000-000000
Property Details
Owner of RecordProperty Map
MONROE COUNTY FLORIDA
500 WHITEHEAD STREET
KEY WEST FL 33040
Physical Location
WEST SUMMERLAND KEY
Legal Description
32 66 30 WEST SUMMERLAND KEY LOT 1
OR15-374/376 OR1775-1435/40CONSV/ESMT
(JMH)
Section, Township, Range
32 - 66 - 30
Affordable
No
Housing
Millage Group
100H
PC Code
8600 - COUNTIES OTHER THAN (PC/LIST)
Land Details
Land Use CodeFrontageDepthLand Area
00HH - HARDWOOD HAMMOCK001 AC
000T - TRANSITIONAL LANDS0016 AC
000X - ENVIRONMENTALLY SENS001.95 AC
Parcel Value History
MiscellaneousExemptions (not
Tax Roll YearBuildingLandJustTaxable
ImprovementsIncluding Seniors)
2007
0027,99527,99527,9950
2006
0027,99527,99527,9950
2005
0027,99527,99527,9950
2004
0027,99527,99527,9950
2003
0027,99527,99527,9950
http://www.mcpafl.org/datacenter/search/record.asp (1 of 2)8/24/2007 10:12:41 AM
Property Information for 1124621
2002
0027,99527,99527,9950
2001
0027,99527,99527,9950
2000
0027,99527,99527,9950
1999
0027,99527,99527,9950
1998
0027,99527,99527,9950
1997
0027,99527,99527,9950
1996
0027,99527,99527,9950
1995
0027,99527,99527,9950
1994
0027,99527,99527,9950
1993
0027,99527,99527,9950
1992
0027,99527,99527,9950
1991
0027,99527,99527,9950
1990
0020,99520,99520,9950
1989
0020,99520,99520,9950
1988
0020,99520,99520,9950
1987
0068,06568,06568,0650
1986
0068,06568,06568,0650
1985
0068,06568,06568,0650
1984
0068,06568,06568,0650
1983
0068,06568,06568,0650
1982
0068,06568,06568,0650
Parcel Sales History
There are no sales for this parcel.
http://www.mcpafl.org/datacenter/search/record.asp (2 of 2)8/24/2007 10:12:41 AM
~"'J ~
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 9/19/07
Division: County Attornev
Bulk Item: Yes No ~
Staff Contact Person/Phone #: Bob Shillinger 3470
AGENDA ITEM WORDING:
Approval of settlement in the matter of Monroe County v. Lodge Construction v. Bender & Associates,
CA K 00-617 under terms as outlined in the mediated settlement agreement and authorization for the
County Attorney, or her designee, to execute any substitute document which includes all of the material
terms.
ITEM BACKGROUND:
Monroe County sued Lodge Construction for breach of contract after Lodge abandoned the Gato
building renovation project in 1999. The Third DCA overturned the judgment entered in favor of the
County after the first trial. Prior to the re-trial, which had been scheduled to start on September 4,
2007, the parties engaged in mediation which produced a tentative settlement agreement. Under the
terms of the agreement, Lodge would pay the County a sum of $400,000.00 and the architect would
pay a sum of $150,000.00 for a total payment to the County of $550,000.00. This amount would cover
the costs incurred when the County had to hire DL Porter to complete the job and a portion of the legal
costs expended over the past 7 years litigating this case. Under the terms ofthe settlement agreement,
Lodge would abandon all of the claims it asserted against the County in its counter claim. The
architect is contributing to the settlement funds to resolve Lodge's claims against him.
The attached settlement agreement was written while the parties were at the negotiating table during
mediation. A revised version, which eliminates the contingency language that permitted Lodge and the
Architect to withdraw from the agreement by August 23, 2007, may be prepared by Lodge or the
architect, to satisfy concerns of their respective sureties. Staff is seeking approval of the settlement
amount of $550,000.00 in exchange for a release of all related claims. Staff also seeks authorization
for the County Attorney, or her designee, to execute any amended settlement agreement that
incorporates all of the material terms set forth in the attached settlement agreement, minus the
contingency language referenced above.
In the event Commissioners want to discuss this matter, a closed session has been requested and
approved for 2:30 p.m. on 9/19/07. If this item is bulk approved, the closed session on this matter will
not be necessary.
PREVIOUS RELEVANT BOCC ACTION:
9/10/2007 BOCC approved Closed Session for 9/19/07 at 2:30 p.m.
8/15/2007 BOCC Closed Session
5/11/2000 Suit filed against Lodge Construction, Inc. by Monroe County CAK-00-617
4/19/2000 BOCC approved contract with DL Porter to complete Gato Building Renovation
7/21/1999 BOCC approved contract with Lodge Construction, Inc.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST:
n/a
COST TO COUNTY:
n/a
REVENUE PRODUCING: Yes~ No
APPROVED BY: County Atty ~
DOCUMENTATION: Included
DISPOSITION:
BUDGETED: n/a
SOURCE OF FUNDS: nla
AMOUNT: $550,000.00 one time payment
OMB/Purchasing _Risk Management_
TBP Not Required_
AGENDA ITEM #
Revised 11/06
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p.l
DAVID P. KIRWAN, P.A.
Board Certified Real Estate Attorney
5800 Overseas Highway, Suite 4
Marathon, Florida 33050
(305) 743-0375
Fax (305) 946-0352
Kirwan@Bellsouth.net
R€C€J \Ii=" 0
AU
G 1 7 Iii..;
MONRO!:
. ~ COUNry
. ATJo......
August 17, 2007
TO:
Robert Shillinger
Michael Friedman
Bert Bender
305-292-3516
954-728-1271
305-2%-2727
FROM:
DavidP. Kirwan
RE:
Monroe County v. Lodge
Attached is a COpy of the Report to Court, in the above referenced mediation.
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IN THE ORCillT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
MONROE COUNTY, FLORIDA
a Political Subdivision of the State of Florida
CASE NO. CA-K-OO-617
Plaintiff,
-vs-
REPORT TO COURT
LODGE CONSTRUCTION, [:\Ie., a
Florida Corporation and AMERICAN
CASUALTY OF READING, PENNSYLVANIA
Defendants,
LODGE CONSTRUCTION, INe.,
I
Counter-Plaintiff,
-vs-
MONROE COUNTY, FLORIDA and
BENDER & ASSOCIATES,
Counter-Defendants.
/
A mediation hearing '\\ras held on August 16, 2007, for the above styled case.
Mediator, David P. Kirwan, conducted the proceedings, All parties were present.
An agreement was not reached.
A partial agreement was reached.
A complete agreement was reached.
. A summaiy of the agreement reached between the parties is as follows:
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re.l ;bAle.p Attorney for Defendant
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I HEREBY CERTIFY that a tnie and exact copy of the foregoing was mailed to
Honorable David Audlin,. Circuit Judge, 500 VI.'hitehead Street, Key West, FL 33040
on the j ~y of August,2007.
avid P. an
Mediator #5043CFR
5800 Overseas Highway, #4
Marathon, FL 33050