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05/21/2008 Hold Harmless Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 22, 2008 TO: Deb Barsell, Director Community Services ATTN: FROM: Douglas Gregory Extension Services Pamela G. Hanco{'~ Deputy Clerk CY At the May 21, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and the Marathon Garden Club to hold the "Tenth Annual Florida Keys Tropical Fruit Fiesta" at the Club. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact me. cc: County Attorney Finance Filev' RENTER'S HOT.n Bi\RMT .1i'_~q AGR'lT.MY.NT This agreement entered into by and between THE MARATHON GARDEN CLUB, a not-fur- profit Florida Corporation, herein "LANDLORD" and MONROE COUNTY, a political subdivision of the State of Florida, 1100 Simonton St., Key West FL 33040, hereinaftec "RENTER.u That for and in coDSidera.tion of the understanding hereinafter set forth the parties do agree and covenant as follows: 1. That in and fur the consideration of permission to use LANDLORD'S property, more particularly described as 5270 Overseas Highway, Marathon, Florida and/or the adjoining grounds, fur the purpose of conducting the 10lll Annual Florida Keys Tropical Fruit Fiesta on June 28, 2008 from 9a..m.-2p.m., the RENTER. does hereby agree to iDd~niry the LANDLORD for any and all claims or liabilities that may arise out of the above described event, to the extent allowed by Section 768.28, Florida Ststutes. 2. That, in addition to indemnification described in Paragraph One, to the extent allowed by Section 768.28, Florida Statutes, the RENTER does hereby agree to hold the LANDLORD harmless in all ~pects conCerning the event in Paragraph One and will defend any and all causes of action or claims and will, further, pay the cost of any attorney's fees incurred by the LANDLORD arising out of the event described in Paragraph One. 3. This agreement shall be effective when executed by all of the parties. 4. The LANDLORD AND RENTER. agree to comply with the Rental Lease Regulations attached hereto and incorporated by reference. (SEAL) ATTEST: DANNY L. KOUfAGE, clerk l;:;~.~j -.- ~~ Deputy Clerk o:;'Z/.2.oof BOARD OF COUNTY COMMISSIONERS OF MONROE CO , FLORIDA By: (SEAL) ATTEST: MARATHON GARDEN CLUB, INC. t /! . / ~~ ~ BY:~~~L4. /W~. . - Title~dd =:--- By: r...:.! Co: :1> I'i By: ....., ...... <= - ~i <= ex> ,- ::a:: ".. -< '" -r, '" , " , :Jl:: ;'1 ., - ~-~.) .. '" 0 7he JMarathon Barden Club, Jnc. A Not-tor-Profit Educational Organization in the Heart of the Florida Keys P. O. Box 500826 Marathon, Florida 33050 RENTAL LEASE REGULATIONS 1. Smoking is not permitted in the building. 2. No signs may be taped, nailed, tacked or screwed to any wall or doorway inside or outside of building, including utility poles. 3. No fixtures, staging or curtains may be secured by m.i1ing or screwing. Only portable types are acceptable. 4. No buiJtli"g :fixtures may be removed, altered or added. 5. Air conditioning is available. Failure to turn unit offwhen leaving the building incurs an assessment of$35.00 which will be deducted from Damage deposit. 6, Renter must secure necessary legal permits to sell alcoholic beverages. 7. When, in the opinion of the Monroe County Sheriff's Department, an officer is required for parking or traffic control, the Renter will bear the expense. 8. In no case shall this Lease be assigned or sublet without written consent of the Marathon Garden Club, Inc. 9. All activities are to cease by 1 :00 a. m 10. If any damage to property and/or contents of the Marathon O1Irden Club is determined, reparations will be assessed and deducted from Damage deposit. If assessed damage exceeds deposit, Renter will be billed for the balance. Confetti, rice, birdseed, and the like are not to be used on the premises. 11. The Marathon O1Irden Club, Inc. assumes no liability for Renter's or guests' loss incurred by :fire, theft or injury. 12. Misconduct or drunkenness will not be permitted. Such actions will be subject to disciplinary or police action. 13. Setup and decorating may be done 2 hours prior to scheduled event. If additional time is needed, arrangements must be made with the Rental IIlllliager. 14. Premises shal1 be returned to original condition, including take down oftab1es and chairs, general pickup and removal ~ T A K E- W 17 II Lj /Jl( The M,\ralhon Garden Club - 5270 Overseas Highway - Marathon, Florida 33050 - (305) 743-4971