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FY2009 10/15/2008 Phase 5DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 31, 2008 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hand Deputy Clerk At the October 15, 2008, Board of County Commissioners meeting the Board granted approval and authorized execution of a Grant Award Agreement between Monroe County and the Key West Film Society, Inc. covering the Tropic Cinema Phase 5: Expansion of Tropic Cinema Project in an amount not to exceed $211,264, DAC 1, FY 2009 Capital Resources. Enclosed are two duplicate originals of the above -mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File✓ Grant Award Agreement a� THIS AGREEMENT (Agreement) is entered into this J�a day of 2008 by and between MONROE COUNTY, a political subdivision of the state of Florida (County) and Key West Film Society, Inc. a not for profit organized and operating under the laws of the state of Florida (Grantee). WHEREAS, the third penny of Tourist Development Tax may be used to acquire, construct, extend, enlarge, remodel, repair or improve, convention centers, sports stadiums, sports arenas, coliseums, auditoriums, fishing piers, museums, zoological parks, nature centers, beach improvements and beach park facilities which are publicly owned and operated or owned and operated by not -for -profit corporations, and WHEREAS, Grantee has applied for funding for the Tropic Cinema Phase 5: Expansion of Tropic Cinema project; and WHEREAS, the Grantor and TDC have determined that it is in the best interest of the County, for purposes of promoting tourism and preserving the heritage of the community, to attract tourists, and enlarge, remodel and improve the property for use as an auditorium open to the public; NOW, THEREFORE, in consideration of the mutual covenants and payments contained herein, the Grantee and the Grantor have entered into this Agreement on the terms and conditions as set forth below. 1. GRANT AGREEMENT PERIOD. This Agreement is for the period of October 15, 2008 through to September 30, 2009. This Agreement shall remain in effect for the stated period unless one party gives to the other written notification of termination pursuant to and in compliance with paragraphs 7,12 or 13 below. 2. SCOPE OF AGREEMENT. The Grantee shall provide the following scope of services: Segment 1, Segment 2 and Segment 3. Segment(s) of the work is/are more particularly described in Exhibit(s) A, detailing the work and the cost allocable to each segment, attached hereto and incorporated herein by reference. All work for which grant funds are to be expended must be completed by the stated termination date of September 30, 2009 and all invoices pertaining to this project shall be submitted to the Finance Department of Monroe County no later than September 30, 2009 to be considered for payment. a) There shall be a project manager to acknowledge receipt of goods or work performed. This Project Manager shall be George Cooper, P.O. Box 1283, Key West, FL 33041 (Tel: 305- 849-2210/E-mail: georgeAkevwestfilm.org). Should there be a change in the project manager specified in the Grantee's application, a new project manager shall be designated and notice with new contact information shall be provided in writing to the TDC administrative office. b) If, and to the extent that, Grantee contracts for any of the work funded under this Agreement to be performed or completed, Grantee shall give notice to County of the contractual Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 relationship, provide County with a copy of any and all contracts and shall require the contractor(s) to comply with all the terms of this contract. Should Grantee contract the work and then decrease the scope of work to be performed by a contractor, Grantee shall provide County with an amended contract executed by Grantee and its contractor. (i) A Grantee which is a governmental entity shall comply with the procurement regulations and policies to which it is subject, and shall provide Grantor documentation of the procurement requirements applicable to the project and compliance therewith. (ii) A Grantee which is a not -for -profit entity shall undergo procurement processes for those parts of the project to be contracted (not performed by the entity's employees), which shall, at a minimum, require the acquisition of two written quotes for work expected to be under $25,000 or a notarized statement as to why such written quotes were not feasible. For work expected to be $25,000 or more, a competitive bid process must be performed. County procurement policies and procedures may be used by the Grantee as a guideline. c) Grantee shall exercise good internal controls to assure that the project as described in the funding application shall be completed on a timely basis within the proposed budget and shall provide to County any certifications, including those by the architect, engineer, contractor or an independent consultant if necessary, required to establish that materials which are purported to be applied to the project are in fact so applied. Further verification shall be required to show that equipment and other fixtures and personal property covered by this Agreement are delivered to and installed in the project site. When any permit is required by any governmental agency, copies of plans and other documents which are submitted to the applicable agency shall be submitted to the County Engineering Division to enable verification that the scope of services under this Agreement has been provided. 3. AMOUNT OF AGREEMENT AND PAYMENT. The Grantor shall provide an amount not to exceed $211,264 (Two Hundred and Eleven Thousand, Two Hundred and Sixty Four Dollars) for materials and services used to enlarge, remodel and improve the property. Reimbursement request must show that Grantee has paid in full for materials and services relating to the segment prior to seeking the 50% (fifty percent) reimbursement from Grantor. Payment shall be 50% (fifty percent) reimbursement of the total cost of the segment, subject to the cap on expenditures for that segment as set forth in Exhibit A. Reimbursement can be sought after each segment of the Agreement is completed and signed by the Monroe County Engineering Department as outlined in 3.a. The Board of County Commissioners and the Tourist Development Council assume no liability to fund this Agreement for an amount in excess of this award. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the BOCC. a) Payment shall be made upon the completion of a specific segment as outlined in the Scope of Services and Exhibit A. Payment for expenditures permissible by law and County policies shall be made through reimbursement to Grantee upon presentation of Application for Payment Summary— AIA Document G702 or similar certification as required below for governmental entities and not -for -profit entities, invoices, canceled checks and other documentation necessary to support a claim for reimbursement. Included in said documentation Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 2 shall be proof that the Grantee has received the. property, realty or personalty, for each segment of Agreement as outlined in Exhibit A and paid an amount equal to or greater than the amount invoiced to the Grantor. It shall be necessary for the Grantee to contact the County Engineering Division and to arrange for inspections upon the completion of each segment. The documentation needed to support the payment request shall be in the form necessary for submission and available to the County Engineer at the time of inspection. All submissions for payment shall have a proposed schedule of values for segment(s) and indicate the percentage of completion of the overall project as of the submission. This document should be signed by the project architect, engineer, general contractor or project manager. Photos of the progress of the work shall also be submitted with the payment application. It shall be the responsibility of the project architect, engineer, general contractor or project manager to initiate the communication with the Monroe County Engineering Division to facilitate the inspection(s) of the segment of the project. All submissions requesting payment shall be approved in writing, and signed, by the Monroe County Engineering Division as to the completion of the segment of the project for which payment is requested. The application for payment document must be certified through a statement signed by an officer of the organization and notarized, declaring that representations in the invoice are true and factual. Grantee shall also provide partial releases of liens or certifications of non -lien if applicable. Grantor shall retain 10% of any payment on work in progress until the Grantee has provided a Final Release of Lien for each vendor/Contractor for whom payment is requested. For projects exceeding $25,000 in TDC funding under this Agreement, final payment will not be made until the following documents are complete and submitted to the Grantor: AIA Document G-702 Application for Payment Summary AIA Document G-704 Certificate of Substantial Completion AIA Document G-706 Contractor's Affidavit of Debts & Claims AIA Document G-706A Contractor's Affidavit of Release of Liens AIA Document G-707 Consent of Surety to Final Payment (when applicable) Final Release of Lien or Affidavit and Partial Release of Lien For projects for which TDC funding under this Agreement is $25,000 or less, the AIA documentation is not required, but sufficient documentation must be submitted to County to provide similar assurances that the work has been completed and contractors/suppliers paid. All payment requests must be submitted no later than the completion of project of September 30, 2009. Invoices received after September 30, 2009 will not be considered for payment. b) Documentation shall be submitted to the TDC Administrative Office to show the receipt and application of in -kind donations of goods, professional services, and materials. Said documentation should include invoices, bills of lading, etc., and be verified as received and applied to the project through a notarized statement of the project architect, engineer, general contractor or project manager. The receipt and application to the project of volunteer labor are to be documented and verified by notarized signature of the project architect, engineer, general contractor or project manager, and said documentation submitted to the TDC Administrative Office. All submissions shall identify the items included in Exhibit A and grantee shall complete the Application for Payment form which is provided within the payment/reimbursement kit Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 provided to the grantee, listing the schedule of values which are sought to be reimbwsed and shall indicat^ the percentage of completion of the overall project as of the submission. This document should be signed by the project architect, engineer, general contractor or project manager. Photographs showing progress on project shall be included in any payment request. The Project Manager shall certify delivery to the project site and installation therein of any goods or services provided other than through an architect, engineer or contractor. All work performed and goods received on site and incorporated into the project shall be verified by one of the foregoing. Submission of any documentation which is untrue, falsified, or otherwise misrepresents the work which has been completed, paid, or donated shall constitute a breach of agreement, for which breach the contract may be immediately terminated at the discretion of the County, whose decision shall be final. c) Grantee must submit all documentation for final payment on or before the termination date of this grant of September 30, 2009. Invoices received after September 30, 2009 will not be considered for payment. d) At any time that the documentation requirement policies of Monroe County are revised, such as to require annual inventory reports for equipment purchased under a TDC capital project grant, Grantee shall comply thereafter with such increased requirements, or further funding under the Agreement may be terminated by County. e) Upon successful completion of this Grant Agreement, the Grantee may retain ownership of the real and personal property acquired and/or improved with funding under this Grant Agreement. However, the Grantee shall maintain, preserve and operate the property which was acquired or improved under this Agreement for the uses and purposes which qualified the Grantee for tourist development tax funding. Grantee shall complete and sign a Property Reporting Form (provided within payment/reimbursement package) for personal property and forward said completed form with the appropriate invoice to the TDC Administrative Office. Real property acquired or improved through funding under this Agreement shall remain dedicated for the purposes set forth herein or for other purposes which promote tourism and ownership of said property shall be retained by the Grantee. The following terms shall apply: (i) The Grantee shall have the use of the property, including both realty and personalty acquired with funding under this agreement, at the project site for so long as the facility is operated by Grantee, open to the public, and has a primary purpose of promoting tourism. At such time as any of the conditions in the preceding sentence shall cease to exist, the Grantee shall transfer ownership and possession of equipment and personal property to a local government or another not -for -profit organization which is a facility for which tourist development taxes may be used pursuant to Florida Statute with prior approval from TDC and BOCC. (ii) At any time that the Grantee: (a) elects to stop the project or otherwise decide not to place into service for tourist -related purposes the facility acquired, constructed, or renovated with tourist development tax funding, (b) demolishes the project facility or divests itself of ownership or possession of the real property, or (c) ceases the use of the property with a primary purpose of promoting tourism, Grantee shall, pursuant to the formula set forth hereafter, refund to the County the Tourist Development funding. This provision shall survive the termination date of all Key West Film Society, Inc. FY 2009 Funding Contract ID#., 510 4 other provisions of this contract for a period of ten years. Should the demolition, transfer of ownership, or change to a non -tourist related purpose occur after the facility has been used for tourist -related purposes for at least three (3) years, the amount of refund shall be pro -rated based on a useful life of ten (10) years. (iii) The Grantee is responsible for the implementation of adequate maintenance procedures to keep the real and personal property in good operating condition. (iv) The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, real or personal property or equipment purchased through funding under this Agreement. 4. RECORDS AND REPORTS. The Grantee shall keep such records as are necessary to document the performance of the Agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. The Grantee shall also provide such access to the personal property and equipment purchased under this Agreement. It is the responsibility of the Grantee to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. The Grantee understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe County, the Board of County Commissioners for Monroe County, or their agents and representatives. In the event of an audit exception, the current fiscal year grant award or subsequent grant awards will be offset by the amount of the audit exception. In the event the grant is not renewed or supplemented in future years, the Grantee will be billed by the Grantor for the amount of the audit exception and shall promptly repay any audit exception. (a) Public Access. The County and Grantee 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 Grantee in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Grantee. 5. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the terms of this Agreement shall be only amended in writing and approved by the Board of County Commissioners for Monroe County. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Grantee and their respective legal representatives, successors, and assigns. 6. INDEPENDENT CONTRACTOR. At all times and for all purposes hereunder, the Grantee is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed as to find the Grantee or any of its employees, contractors, servants or agents to the employees of the Board of County Commissioners of Monroe County, and they shall be entitled to none of the rights, privileges or benefits of employees of Monroe County. Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 5 (a) 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. 7. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the Grantee shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provisions of this Agreement, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement and shall entitle the Grantor to terminate this Agreement immediately upon delivery of written notice of termination to the Grantee. 8. RESTRICTIONS ON AGREEMENTS ENTERED PURSUANT TO THIS AGREEMENT. The Grantee shall include in all Agreements funded under this Agreement the following terms: a) Anti -discrimination. Contractor agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this Agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. b) Anti -kickback. Contractor warrants that no person has been employed or retained to solicit or secure this Agreement upon an Agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the Contractor has any interest, financially or otherwise, in contractor. For breach or violation of this warranty, the Contractor shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Contractor acknowledges that it is aware that funding for this Agreement is available at least in part through the County and that violation of this paragraph may result in the County withdrawing funding for the Project. c) Hold harmless/indemnification. Contractor acknowledges that this Agreement is funded at least in part by the County and agrees to indemnify and hold harmless the County and any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments (collectively claims) arising directly or indirectly from any negligence or criminal conduct on the part of Contractor in the performance of the terms of this Agreement. The Contractor shall immediately give notice to the County of any suit, claim or action made against the Contractor that is related to the activity under this Agreement, and will cooperate with the County in the investigation arising as a result of any suit, action or claim related this Agreement. d) Insurance. Contractor agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Contractor and the County from any suits, Key West Film Society, Inc. FY 2009 Funding Contract ID#., 510 6 claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Contractor for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Contractor of the obligations set forth in this Agreement. At all times during the term of this Agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes 2. Commercial General Liability Insurance with minimum limits of $500,000 per occurrence for bodily injury, personal injury and property damage. 3. Comprehensive Auto Liability Insurance with minimum limits of $300,000 combined single limit per occurrence. The Contractor, the County and the TDC shall be named as additional insured, exempt workers compensation. The policies shall provide no less than 30 days notice of cancellation, non - renewal or reduction of coverage. At all times during the term of this Agreement and for one year after acceptance of the project, Contractor shall maintain on file with the County a certificate of insurance showing that the aforesaid insurance coverage's are in effect. e) Licensing and Permits. Contractor warrants that it shall have, prior to commencement of work under this Agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. f) Right to Audit. The Contractor shall keep such records as are necessary to document the performance of the Agreement and expenses as incurred, and give access to these records at the request of the TDC, the County, the State of Florida or authorized agents and representatives of said government bodies. 9. HOLD HARMLESS/INDEMNIFICATION. The Grantee hereby agrees to indemnify and hold harmless the BOCC/TDC and the 3406 North Roosevelt Blvd. Corporation or any of its officers and employees from and against any and all claims, liabilities, litigation, causes of action, damages, costs, expenses (including but not limited to fees and expenses arising from any factual investigation, discovery or preparation for litigation), and the payment of any and all of the foregoing or any demands, settlements or judgments arising directly or indirectly under this Agreement. The Grantee shall immediately give notice to the Grantor of any suit, claim or action made against the Grantor that is related to the activity under this Agreement, and will cooperate with the Grantor in the investigation arising as a result of any suit, action or claim related to this Agreement. (a) Non -Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Grantee in this Agreement and the acquisition of any Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 7 commercial liability insurance coverage, self insurance cove�,ge, 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. (b) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' 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 Agreement 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. 10. NONDISCRIMINATION. County and Grantee 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 or Grantee 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 ss. 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, ss. 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 Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 11. ANTI -KICKBACK. The Grantee warrants that no person has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, and that no employee or officer of the County or TDC has any interest, financially or otherwise, in the said funded project, except for general membership. For breach or violation of this warranty, the Grantor shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Key West Film Society, Inc. FY 2009 Funding Contract lD#: 510 H 12. TERMINATION. This Agreement shall terminate on September 30, 2009. Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued at a level sufficient to allow for the continuation of this Agreement pursuant to the terms herein. In the event that funds cannot be continued at a level sufficient to allow the continuation of this Agreement pursuant to the terms specified herein, this Agreement may then be terminated immediately by written notice of termination delivered in person or by mail to Grantee. The Grantor may terminate this Agreement without cause upon giving written notice of termination to Applicant. The Grantor shall not be obligated to pay for any services or goods provided by Grantee after Grantee has received written notice of termination. 13. TERMINATION FOR BREACH. The Grantor may immediately terminate this Agreement for any breach of the terms contained herein. Such termination shall take place immediately upon receipt of written notice of said termination. Any waiver of any breach of covenants herein contained to be kept and performed by Grantee shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Grantor from declaring a forfeiture for any succeeding breach either of the same conditions or of any other conditions. Failure to provide Grantor with certification of use of matching funds or matching in -kind services at or above the rate of request for reimbursement or payment is a breach of Agreement, for which the Grantor may terminate this Agreement upon giving written notification of termination. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement of the parties hereto with respect to the subject matter hereof and supersedes any and all prior Agreements with respect to such subject matter between the Grantee and the Grantor. 15. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. 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 the State. This Agreement is not subject to arbitration. 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. (a) Venue. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Grantee agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. (b) 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 Grantee agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 E (c) Attorney's Fees and Costs. The County and Grantee 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. (d) Adjudication of Disputes or Disagreements. County and Grantee 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 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. This agreement shall not be subject to arbitration. (e) 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 Grantee 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 Grantee specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 16. ETHICS CLAUSE: Grantee warrants that he has not employed, retained or otherwise had act on his behalf any former County officer or employee in violation of Section 2 or Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of the provision the Grantor may, at its discretion terminate this Agreement without liability and may also, at its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former or present County officer or employee. The County and Grantee 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 Grantee 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. (a) Covenant of No Interest. County and Grantee 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. Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 10 (b) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 17. PUBLIC ENTITY CRIME STATEMENT: 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 an Agreement to provide any goods or services to a public entity, may not submit a bid on a Agreement with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a Agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By executing this document grantee warrants that it is in compliance with this paragraph. 18. AUTHORITY: Grantee warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. Each of the signatories for the Grantee below certifies and warrants that the Grantee's name in this Agreement is the full name as designated in its corporate charter (if a corporation); they are empowered to act and contract for the Grantee, and this Agreement has been approved by the Board of Directors of Grantee or other appropriate authority. 19. LICENSING AND PERMITS: Grantee warrants that it shall have, prior to commencement of work under this Agreement and at all times during said work, all required licenses and permits whether federal, state, County or City. 20. INSURANCE: Grantee agrees that it maintains in force at its own expense a liability insurance policy which will insure and indemnify the Grantee and the Grantor from any suits, claims or actions brought by any person or persons and from all costs and expenses of litigation brought against the Grantee for such injuries to persons or damage to property occurring during the Agreement or thereafter that results from performance by Grantee of the obligations set forth in this Agreement. At all times during the term of this Agreement and for one year after acceptance of the project, Grantee shall maintain on file with the Grantor a certificate of the insurance of the carriers showing that the aforesaid insurance policy is in effect. The following coverage's shall be provided: 1. Workers Compensation insurance as required by Florida Statutes. 2. Commercial General Liability Insurance with minimum limits of $500,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person $500,000 per occurrence $50,000 property damage. Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 11 3. Comprehensive Auto Liability Insurance with minimum limits of S300,000 r.,ornbined single limit per occurrence. 4. The Contractor shall be required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form. Coverage shall include: Theft Aircraft Windstorm Vehicles Hail Smoke Explosion Fire Riot Collapse Civil Commotion Flood The policy limits shall be no less than the amount of the finished project and coverage shall be provided on a completed value basis. Property located on the construction premises, which is intended to become a permanent part of the building, shall be included as property covered. The policy shall be endorsed permitting the County to occupy the building prior to completion without affecting the coverage. The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee. The Grantee, the Grantor and the TDC shall be named as additional insured, except workers compensation. The policies shall provide no less than 30 days notice of cancellation, non - renewal or reduction of coverage. Grantee shall provide, to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance or • Certified copy of the actual insurance policy Or • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management - Telephone Maria Slavik at 295-3178 for details (Certificates can be e-mailed directly from the insurance agency to: Slavik- Mariaa,MonroeCounty-FL Gov — The e-mail must state that this is a certificate for a TDC project and should be forwarded to Maxine Pacini at the TDC administrative office) An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 12 thy. Clerks office. The Insurance policy must state that the Monroe County BOCC and Monroe County TDC is the Certificate Holder and additional Insured fo; this contract. Insurance should be mailed to: Monroe County Board of County Commissioners C/O Risk Management I'.O. Box 1026 Key West, FL 33041 21. NOTICE. Any notice required or permitted under this agreement shall be in writing and had delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested to the following. For Grantee: George Cooper P.O. Box 1283 Key West, FL 33041 For Grantor: Lynda Stuart Monroe County Tourist Development Council 1201 White Street, Suite 102 Key West, FL 33040 :Tine Cynthia Hall, Asst. County Attorney P.O. Box 1026 Key West, FL 33041-1026 22. CLAIMS FOR FEDERAL OR STATE AID. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. 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. 24. NON -RELIANCE BY NON-PARTIES. No the terms, or any of them, of this Agreement to claim or entitlement to or benefit of any service Key West Film Society, Inc. FY 2009 Funding Contract ID#. 510 13 person or entity shall be entitled to rely upon enforce or attempt to enforce any third -party or program contemplated hereunder, and the County and the Grantee agree that neither the County nor the Grantee 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. 25. ATTESTATIONS. Grantee 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, 26. 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. 27. FORCE MAJEURE. The Grantee shall not be liable for delay in performance or failure to complete the project, in whole or in part, due to the occurrence of any contingency beyond its control or the control of its contractors and subcontractors, including war or act of war whether an actual declaration thereof is made or not, act of terrorism impacting travel in the United States, insurrection, riot or civil commotion, act of public enemy, epidemic, quarantine restriction, storm, flood, drought or other act of God, or act of nature (including presence of endangered animal species which cannot be timely removed in a safe manner or any act of any governmental authority which prohibits the project from proceeding as described in the scope of services and incorporated references and which the Grantee has exercised reasonable care in the prevention thereof. However, lack of planning for normal and expected weather conditions for the time of year the project is to be executed shall not constitute an act of God excusing a delay. Any delay or failure due to the causes stated shall not constitute a breach of the Agreement; however, the BOCC shall have the right to determine if there will be any reduction to the amount of funds due to the Grantee after consideration of all relevant facts and circumstances surrounding the delay in performance or failure to complete the project within the contract period. Upon demand of TDC or BOCC, the Grantee must furnish evidence of the causes of such delay or failure. BOCC shall not pay for any goods received or services provided after the date(s) described in paragraph 1 and Scope of Services. 28. 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. 29. 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. Key West Film Society, Inc. FY 2009 Funding Contract Ok 510 14 VvIZL'Lt'fi vvrl JZ' OF, the hereto h^,c caus^d this it to be f &,, day r. id year G! _.t above writien. Clerk Clerk (CORPORATE SEAL) Attest: 0 Secretary Print Name Date: OR TWO WITNESSES (1) 4%igu4wD� Print Name Date: g/ z' Z U �l Key West Film Society, Inc. FY 2009 Funding Contract ID#: 510 Board Of County Coy nmissioners Of Monroe County Mayor/Chairman Key West Film Society, Inc. MAJTWi,N mv(0�/ Print Name Date: (2) (2) �wARD S"�(N(�RjzDT " Print Name Date: ? tl,q .- zI 200� 15 MONROE COUNTY ATTORNEY (VPROVED AS TO IFO5M: C N HIA•L. HALL ASSI TANI COUNTY ATTORNEY Date +�- 13 2O091 v �A NAME OF ENTITY: Key West Fifm Society Inc NAME OF PROJECT: Tropic Cinema Phase 5 Expansion of Try ;�;r NUMBER OF SEGMENTS TO PROJECT: 3 Note: County signoff and submission for reimbursement only allowed after completion of e7ch segrner," :Ms documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment' forms included within the Payment/Reimbursement Kit. Segment #: 1 Description: Erect temporary walls, demolish and dispose of existing walls; concrete and steel work for new structure, including foundations, columns, and mezzanine deck; erect walls, including steel studs, insulation and drywall; install doors; install Total Cost: $ 124,004 glass block. Segment #: 2 Description: Cabinetry and trim; plumbing, electrical, fire alarm; sprinkler, AC and paint. Total Cost: $ 118,765 TDC ocrtion: ,S5 3S Page = c4 1 Segment #: 3 Description: Outfit and equip movie theater, including acoustic walls, fixed seating, surround sound system, 35mm & digital projection, backup generator (cost permitting); new signage and sidewalk renovation. EXHIBIT A Total Cost: $ 179,760 TDC portion: $ 89,880 Page 3 of 3 2005 Edition cr MONROE COUNTY, .FLORIDA, RequestTbr �Naiver of Insurance Requirements- It'�is_ {uested<that the insuront:e requirements,,as:sp..ecified in tht Countys Schedule of Insurance Requirements;. be waived or modified on'the following_ contract.. Contractor b` nP, Contract fors n l.s 3 Adarewbf Contractor•. L i Phones �_L�=1_ Scope ofWork-. �r � Reason.for Waiver. gt. Policies Waiver will apply to: • Signature of -Contractor., Approved _ Not:Approved Risk °1Nanagemcnt - 6 SkA Date County Administrator appeal: :. r Approved: Not Approved. - __ • Date; _ Board of.County Commie.sioners appeal. Approved: Not Approved: _ MeetingDate:. Administration Instruction #4709.6 104 ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 1 09/19/20 8) PRODUCER (305)294-254 FAX (305)296-7985 The Porter Allen Company 513 Southard Street Key West, FL 33040 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Key West Film Society, Inc P.O. BOX 1283 Key West, FL 33041 INSURERA: Technology Insurance Company INSURERB: INSURERC: INSURER D: INSURER E: rrnv=QAc=¢ v 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 MAY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDT TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ CLAIMS MADE 7 OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PROECT LOC J AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS �'�i•• - - I: � I+, i�,, �� h, r �.1,,;=:.:...::t PROPERTY DAMAGE (Per accident) $ RGARAGE n5 0 1 _ - ' ' ;' ' f ' - _ __ LIABILITY e_ ` . -=---•--• V — AUTO ONLY - EA ACCIDENT $ ANY AUTO Ho t,/ .. IV D ii1 � x _ t Y."' '-'' ` „e r C �� OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TU �( WC ST MIT OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? TWC3176472 10/14/2008 10/14/2009 E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Key West Film Society operations Monroe County BOCC & Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33041-1026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOS OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGLENTS O REPRES ATI ES. AUTHORIZED REPRESENTAT[Wf- / 0/ IA A`i► Ae+nnn'c VIAM 01 CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE TE 09/19/20 8) PRODUCER (305)Z94-2542 FAX (305)296-7985 The Porter Allen Company 513 Southard Street Key West, FL 33040 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Key West Film Society, Inc P.O. Box 1283 Key West, FL 33041 INSURERA: Colony Insurance Company INSURERB: INSURERC: INSURER D: INSURER E: 1%n1k11=0Afn=c 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 MAY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 0,13131 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY IDAPP#515930133 09/19/2008 09/19/2009 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE T OCCUR MED EXP (Any one person) $ S,000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Included POLICY PROECT LOC J AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS i.; v� J _ r BODILY INJURY (Per accident) $ r•' 'r" _a -- PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY n , ;, •, ; ; r C 1 (-3 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC STORYTLIMSATIT OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 18 Eaton Street Key West Renovation Project Proof of purchased coverage for Certificate holder/Additional Insured's listed below Monroe County BOCC & Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33041-1026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANYJUND UPON TAE INSUREV!I�NTS OR REPRESENTATIVES. ACORD 25 l2nni/n81 nAtf nan f'n00n0AT1nld 4000 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the -coverage afforded by the policies listed thereon. ACORD 25 (2001/08) DATE (MM/DD/YYYY) ACORP. EVIDENCE OF PROPERTY INSURANCE 1 09/19/2008 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY HCOMPANY /O ANo Ex3 Essex Insurance CO 05)294-2542 The Porter Allen Company 513 Southard Street Key West, FL 33040 FAX No�305)296-7985 pDDRIESS: Fire/Builder's Risk Coverage CODE: SUB CODE: AGENCY 00004644 11IernnnooIn AGENCY,.,,,. INSURED LOAN NUMBER POLICY NUMBER Key West Film Society, Inc ID#303321-02 P.O. Box 1283 Key West, FL 33041 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 09/19/2008 03/19/2009 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 1 Loc 00001 Bldg 00001 418 Eaton Street Key West, FL 33041 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. f�I1•-A^� 1\10^MRAATIAAI COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE 1 Improvements and Betterments, RC, Basic form 350,000 1000 ra. nj� D I �, r I G r( I .. " . G rE,�i T WA1. ILE r, IV/f'l ll.e....—. YE 3 �. REMARKS (Including Special Gonaitlons) Proof of purchased coverage for Property under renovations CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIC OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. NAME AND ADDRESS Monroe County BOCC & Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33041-1026 MORTGAGEE I n I ADDITIONAL INSURED LOAN # Frank McPhe ACORD 27 (2006/07) %)AGORD GVIZPUKATIUN lays-ZUUb. Au rlgnts reservea. The ACORD name and logo are registered marks of ACORD DATE (MWDDNYYY) ACORQ,, EVIDENCE OF PROPERTY INSURANCE 1 09/19/2008 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY I PHONE In/r e..L305)294-2542 COMPANY The Porter Allen Company 513 Southard Street Key West, FL 33040 305)296-7985 SUB CODE: AGCIVGT 00004644 CUSTOMER ID #: INSURED Key West Film Society, Inc P.O. Box 1283 Key West, FL 33041 1 IUN LOCATION/DESCRIPTION 1 418 Eaton Street Key West FL 33040 Fidelity National Property Flood Insurance Carrier LOAN NUMBER POLICY NUMBER 09440002232800 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 09/19/2008 09/19/2009 n TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CA\/FRAl�F IIJFARMATI(1NI COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE 1 Improvements and Betterments 350,000 2,000 F.i r �t`�1 LL 6 KEMAKKS purchased coverage for Property under renovations for Loss payee/Additional insured's listed below CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIC OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. A r1111T1e%k1 A 1 1kMC0CCT NAME AND ADDRESS MORTGAGEE X ADDITIONAL INSURED X Monroe County BOCC & Monroe County TDC C/o Risk Management LOSS PAYEE LOAN # PO Box 1026 DREP T E AUAnk Key West, FL 33041-1026 FMcPherso ACORD 27 (2006/07) © ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD C)..T WO{-CNR -010s CITIZENSmm�PEal N n ResL'denttal CORP O�Iyy TIDN Citizens Wind Only - Application Fax Number (904) 281-5090 Previously Faxed (Date) See manual.forguide to complete application. III ,..e11_ Iff'- -s ,. r-1 PrPmans or Current Policy No. Q New L__.1 EnaorsemCua u (2) Licensed Florida Producer Name, Mailing Address and Telephone Number (4) Applicants Name and Mailing Address Mt The Porter Allen Company, Inc I= First 513 Southard Street 0003 Key West Film Society Key West, Florida 33040 CITIZENS PO Box 1283 Producer License Number(RF.QuIRED) A089729 AGENCY Key West, FL 33041 CODE (�]i Insured Producer (5) Mortgagee/Loss Payee (Name and Address) To Item # NUMBER (6) Payor: [] Mortgagee Monroe County BOCC and Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33040 Lam^# Additional Insured (7) (g) (9) NumberofStories construction Occuloancy— ONE FRAME 2 2 2 2 TWO MASONRY THREE SEMI WIND RESISTIVE SEE MANUAL FOR WIND -RESISTIVE OCCUPANCY CODES IF C)nddA tfrwha/Motel ff15 Mobile Home Name ofC—mpl x 1 ropie Cinema ModelYear/Name Total # of Units in Bldg Dimensions aboveground Specific Unit # floor [fed E:iTo Mobile Home ID # Q Other Payor: (13)BCEOsgm& 10 (lo) AdditionalInformetion ®UNDER CONSTRUCTION STE.TWILINIOS Rhik(s) insured by Association of property owners (11) L occupied�b7r � All Others OWNER r -J TENANT (12) Territory Code CodeON Tenant Contents a YES O NO Rite Table BR -A (16) Renovation Complies with ANSVASCE Code #7-BCJ Yes O No DESCRIPTION OF OCCUPANCY ImDrovements & Betterments for Tenant doing Renovations on Lobbv of Theater Building # / Phase # Lot # & M.H. Park Citizens supplemental application schedule attached for (17) y ($ a►-��1�.- Ke West Monroe 33040 additional item E: No PROPERTY LOCATION: Street Number StremNsme City Cow, Zip Code Yes (Ig) AMOUNT OF COVERAGE $350,000 (19) COMMERCIAL (20) COMMERCIAL ONLY Amount requested: Building S DEDUCTIBLE CO-INSURANCE Amount requested: Contents S $0 8 7% a a IOOY. Waived-Istloutable (include additions and alterations) 5/0 90°/. Amount requested: Other S Criums USE ONLY (21)UNDERWRr77A70INFORMATION (23) Class AMLCode 100 % Replacement Cost: 0111 0 22 ( ) ENDORSEMENT FORMS REQUESTED (nla m mobile homes) S " �000 Windstorm Protective Device Credit CIT-W 04 21 Wiodsmrre Protective Devices Bldg Code Typo 8 S 350,000 NO CfT W 04 75 ACV Loss Settlement Other Actual Cash value: Building YES (attach eertificate) a Crr•W 11 19 Builders Risk Op -Rate S 0 HYes, Class A f CIT-W 1120 Builders Risk Actual Cash Value. Contemn Clans B ® CIT-W 17 99 Commercial Condo Unit Condo Association Perry Walla [-_—] Yea No Unit — 1950 Class C Crr-W 17 99 Commercial This building was constructed in (year ) The total floor area of the building is (square feet) 2,000 (24) Payment plan (Select One) Full Payment Plan Fidelity National Flood Insurance Cartier Qnaneriy payment Plan Flood Policy Number TBA Semi-Anmtal Peymeat Plan )( (Reference Page 2 for description) Flood Zone Fire Insurance Carrier Essex lnsurance Fire Policy Number TBA Building limit on Fin Policy S 350,000 (if known) Is there U aired physical damage to the property ? 0 Yes No Are there losses within the last 2 years? M Yea a No If yea, indicate on page 2. (2s)Total Premium $ $2.357.00 (Attach Check) (26)Attach original photo(s) to reverse (if required) (27)EFFECTIVE DATE REQUESTED: 4- l 9 - 2oog raga; 1 Us 0 CIT W01-CNR 0108 Citizens Property Insurance Corporation Commercial -Residential - Wind Only Application for Coverage Election Not To Buy Separate Flood Insurance (Required if property is located in Flood Zone A or V and the policyholder does t have a flood policy.) have elected NOT to purchase, or can of purchase separate flood insurance for the property to be insured by Citizens Property Insurance Corp tion ("Citizens") and affirm the following: FLOOD INSURANCE IS NOT PROVIDED IN ANY POLICIES WRITTEN CITIZENS PROPERTY INSURANCE CORPORATION. MY PROPERTY WILL NOT BE COVERED BY CIT NS FOR ANY LOSS CAUSED BY OR RESULTING FROM FLOOD. I UNDERSTAND FLOOD INSURANCE Y BE PURCHASED SEPARATELY FROM A PRIVATE FLOOD INSURER OR THE NATIO L FLOOD INSURA PROGRAM ("NFIP"), AN ENTITY CREATED BY THE UNITED STATES FEDERAL GOVERNIME T. IF 1 MAKE A CLAIM FOR WATER DAMAGE A C ENS PROPERTY INSURANCE CORPORATION, AND 1 HAVE NOT PURCHASED FLOOD INSURANCE T REQUIRED BY CITIZENS, I WILL HAVE THE BURDEN OF PROVING THE DAMAGE WAS NOT CAUSED B L I UNDERSTAND CITIZENS MAY DEN AP P ATION FOR COVERAGE OR CANCEL MY POLICY IF I DO NOT EITHER SIGN THIS FORM OR MAI A PAVATE FLOOD INSURANCE POLICY AT LIMITS REQUIRED BY CITIZENS. The Offlce of Insurance Regulation an Citizens Property Insurance Corporation strongly recommend that properly owners in "Special Flood Hazard s" (as Identifled by the NRP) obtain flood coverage. I have read and I understand the i rmation above, and I elect NOT to separately purchase flood coverage. I understand my election shall apply to this poli and all future renewals of this policy issued to me by Citizens, unless proof of purchase of flood insurance is provided t itizens. I understand that execution of this form does NOT relieve me of any obligation I may have to my mortgagee to rchase flood insurance. Application/Policy bar: Policyholder/ licant's Signature Agent's Signature Print N e Print Name D Date (Mortgagee, Leinholder & Premium Finance Co. are r" eligible for Quarterly And Semi -Annual Payment Plans) Full Payment: Premium Amount Due Quarterly Payment Plan: Premium Amount Due Payment 1 40% of policy premium Payment 2 20% of policy premium, plus 4% of the 2nd installment amount Payment 3 20% of policy premium, plus 4% of the 3`d installment amount Payment 4 20% of policy premium, plus 4% of the 4t' installment amount Semi -Annual Payment Plan: Premium Amount Due Payment 1 60% of policy premium, Payment 2 40% of policy premium, plus 4% of the 2nd installment amount Due Date Date Due Date Policy Effective Date 90 days from the policy effective date 180 days from the policy effective date 270 days from the policy effective date Due Date Policy Effective Date 180 days from the policy effective date CIT W01-CNR 0108 Citizens Property Insurance Corporation Commercial -Nonresidential — Wind Only Application for Coverage APPLICANT(S) AGREEMENT As part of my application, I state and affirm the following: EFFECTIVE DATE OF COVERAGE: 1 understand the Effective Date of Coverage is upon approval of Citizens. No Insurance agent has the power to bind coverage or make the policy effective. Receipt by agents of premiums Is not receipt by Citizens and does not make the policy. effective. Applicants must not rely on representation of any party other than Citizens. Receipt and acceptance of payments by Citizens of an applicant's check is for deposit purposes only and does not establish a contract for Insurance between applicant and Citizens. OFFER OF COVERAGE: I understand that if my policy is Issued by Citizens, such a policy may be taken out, assumed or removed from Citizens and replaced with one from an authorized insurer that may not provide identical coverage. Additionally, I am aware that acceptance of a Citizens policy creates a conclusive presumption that I am aware of this potential. I understand that if Citizens or the market assistance plan obtains an offer from an Insurer to replace my policy, my policy is no longer eligible for renewal by Citizens. By signing this application, I authorize Citizens to share my information with other insurers and agents who may attempt to place my coverage with another insurer. MOBILE HOME APPLiCANT(S): Your wind only mobile home policy will be Issued on a "stated value basis." If your mobile home Is destroyed by the peril of Hurricane, Other Windstorm or Hail, we will pay the "stated value" dwelling building coverage limit of liability shown on the Declarations page. If your mobile home is only partially damaged by a covered peril, Citizens loss settlement will be on an "actual cash value" basis up to the dwelling building coverage limit of liability shown on the Declaration page. The policy premium will be based upon the limit of liability agreed upon as the current value of your mobile home. To be eligible for coverage mobile homes must meet the minimum mobile home fie -down requirements in accordance with Section 320.8325 Florida Statutes. I agree to pay a re -inspection fee If my mobile home Is found not to comply with the statute. APPLICATION STATEMENTS AND COVERAGE ELECTIONS: I affirm the property to be Insured as Homestead _ for insurance purposes or Non-Homeatead _ for Insurance purposes based upon the classifications provided on the Affirmation of Property Status (CIT-HS-1). I have read the entire application and agree that all of the answers given on each application page are true, correct and complete and 1 have made informed coverage elections on behalf of all insureds. I agree that if my down payment or full payment check for the initial premium Is returned to the bank for any reason, coverage may be null and void from Inception (e.g. insufficient funds, closed account, stop payment). ANY PE SON WHO KNOWINGLX AND WITH INTENT TO INJURE, DEFRAUD OR DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM R AN APPLICATION CO AINI ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY OFT T GRE nn� 7 , -- I % V me-• . _ Dat inai a ♦ V � ��' �.C. �Q/V` �1 Page 3 of 3 4 1 t 1 1 (2, rr Date 200S Edilion MONROE COONTY, FLORIDA '-""" Request For Waiver of IllS1I1"lUICeRequirelllellts n is lequcsliod tbat die iDswaate teqlIircmeQIs. as specified in 1he Couaty's Scbedu1e of lnsUl'8llCe RcquiRments, be waiwd or .....dilitdoa die Ibllowing contract Cclncr8olOl.. ~. ~;\\\Y\ ~d~ .'":I:Vr. Coulnclfor: _~~E__ ~+-- ~hS AddRSsofCoulnclDr: rv. O. ~D)(' 1!J.<i5'3 ~~l)~A~\ \=-1- ?>3()l{1 '2{)~' I Scope ofWolk: Phone: Reason for Waiver: -1\)0 ~ -...r' Policies Waiver will oppIy 10: -Abot)e.. eo-.J..rn..d- Signatwe of CoallllclOr: Rjsk Maaagemcna Dale Adn\iniSlr8liOlllns<ruction #4709.6 104 County AdnUniatraIor appeal: Approved: Not Approved: Oate; Board of County Commis$ionets appeal: Approved: Nol Approved: __ Meeting Dale; ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY) 09/19/2008 PRooueER (05)294-2542 FAX (305)296-7985 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Porter Allen Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 513 Southard Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Key West, FL 33040 INSURERS AFFORDING COVERAGE NAIC# INSURED Key West Fllm Soclety, Inc INSURER A: Technology Insurance Company P.O. Box 1283 INSURER B: Key West, FL 33041 INSURER c: INSURER 0: INSURER E: 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 MAY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE P~k!fcY EXPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ - DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ . PERSONAL & ADV INJURY $ - GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I In PRO- n POLICY JEer LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - $ ANY AUTO (Eaaccident) - ALL OWNED AUTOS BOell Y INJURY - (Per person) $ SCHEDULED AUTOS - HIRED AUTOS - b11.~J' BOell Y INJURY $ NON-OWNED AUTOS Q (Per accident) - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY IO~" ~'" . AUTO ONLY. EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE $ =:J OCCUR D CLAIMS MADE AGGREGATE $ $ ==i OEDUeTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND X IweSTATU-,1 IOJIi- EMPLOYERS' LIABILITY TWC3176472 10/14/2008 10/14/2009 100 ,000 A ANY PROPRIETOR/PARTNERlEXECUTlVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYE $ 100,000 ~~~I~i~~~v~~16~s below E.L. DISEASE. POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ey West Film Society operations Monroe County BOCC & Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33041-1026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRlTIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOS OF ANY KIND UPON THE INSU R, ITS ANTS 0 REP S AUTHORIZED REPRESENTA Frank McPherson ACORD 25 (2001/08) ~M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYYY) 09/19/2008 PRODUCER (305)294-2542 FAX (305)296-7985 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Porter Allen Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 513 Southard Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Key West, FL 33040 INSURERS AFFORDING COVERAGE NAIC# INSURED Key West Film Soclety, Inc INSURER A: Colony Insurance Company P.O. Box 1283 INSURER B: Key West, FL 33041 INSURER c: INSURER 0: INSURER E: "nV"RA'''''' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NDTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ~~!f.l EXPIRATION LIMITS ~NERAL LIABILITY IDAPP#515930133 09/19/2008 09/19/2009 EACH OCCURRENCE $ l,OOO,Ooe X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100 ,ooe I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00C A f- PERSONAL & ADV INJURY $ 1,000,00 I- GENERAL AGGREGATE $ 2,000 00 h'L AGG~EnE LIMIT APrlS PER: PRODUCTS.COMP~PAGG $ Incl ude PRO- POLICY JEer lOG ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO (Eaaccldent) l- f- ALL OWNED AUTOS BODILY INJURY 'J .',,() ." s SCHEDULED AUTOS ~k~ (Per person) f- " I- HIRED AUTOS BODILY INJURY 1--- (Per accident) $ NON-OWNED AUTOS .,u_"__ - -])'l__ - ".---.- PROPERTY DAMAGE $ (Per accident) ~~GE LIABILITY 't' -v' ~.... AUTO ONLY. EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG $ ~~SSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ ~ ~EDUCTIBLE S RETENTION S $ WORKERS COMPENSATION AND -~~I~~ I IO,!!!- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYEE S lf~eS,deScribeunder S ECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT f SPECIAL PROVISIONS ~18 Eaton Street Key West Renovation Project Proof of purchased coverage for Certificate holder/Additional Insured's listed below Monroe County BOCC & Monroe County TO( C/o Risk Management PO Box 1026 Key West, FL 33041-1026 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRmEN NonCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY NO UPON T. E INSURE , NTS OR REPRESENTATIVES. AUT 0 E ACORD 25 (2001/08) @ACORD CORPORATION 1988 ACORQ, EVIDENCE OF PROPERTY INSURANCE r DATE (MMlDDfYYYY) 09/19/2008 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY I fngN,ro .x(305)294-2542 COMPANY The Porter Allen Company Essex Insurance Co 513 Southard Street Key West, FL 33040 Ftffi No.(05)296-79851 t,'t'll~ss, Fi re/Buil der' s Risk Coverage CODE: I SUB CODE: ~~~~~~..... ........ 00004644 INSURED LOAN NUMBER I POLICY NUMBER Key West Film Society, Inc ID#303321-02 P.O. Box 1283 I Key West, FL 33041 EFFECTIVE DATE EXPIRATION DATE I n CONTINUED UNTil 09/19/2008 03/19/2009 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATlONIDESCRIPTlON 1 Loc 00001 Bldg 00001 418 Eaton Street Key West, FL 33041 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE 1 Improvements and Betterments, RC, Bas, c Torm 350,000 1000 J)1j~ ;:-: - ; . - ,.,' .. . ".... ". q__a~ -0(5. --.... "^_.-._- t -"-,-'- REMARKS Ilncludlna Seec'al Condltlonsl Proof of purchased coverage for Property under renovations CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGATIC OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS Monroe County BOCC & Monroe C/o Risk Management PO Box 1026 Key West, FL 33041-1026 County TDC MORTGAGEE X LOSS PAYEE LOAN # X ADDITIONAL INSURED ACORD 27 (2006107) o RES ~ McPherson @ ACORD CORPORATION 1993.2006. All rights reserved. The ACORD name and logo are registered marks of ACORD A CORa, EVIDENCE OF PROPERTY INSURANCE I DATE (MMlDD1YYYY) 09/19/2008 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INtEREST NAMED BELOW. THIS EVIDENCE OF PROPERTY INSURANCE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. AGENCY I r.~gN~ F,P05)294-2542 COMPANY The Porter Allen Company Fidelity National Property 513 Southard Street Key West, FL 33040 rN. No(05)296-7985 I ~~D'lI~SS' Flood Insurance Carrier CODE: I SUB CODE: AGENCY no- 00004644 INSURED LOAN NUMBER I POUCY NUMBER Key West Film Society, Inc 09440002232800 P.O. Box 1283 I Key West, FL 33041 EFFECTIVe DATE EXPIRATION DATE I n CONTINUED UNTIL 09/19/2008 09/19/2009 TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 1 418 Eaton Street Key West FL 33040 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 EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN I SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE I PERILS I FORMS AMOUNT OF INSURANCE DEDUCTIBLE 1 Improvements ana Betterments 350,000 2,000 .'\\\~ . q/,;p: 'f.- REMARKS IIncludlng Special Condltionsl Proof of purchased coverage for Property under renovations for Loss payee/Additional insured's listed below CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATIC OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITI NAL INTEREST NAME AND ADDRESS Monroe County BOCC & Monroe County TDC C/o Risk Management PO Box 1026 Key West, FL 33041-1026 MORTGAGEE X LOSS PAYEE LOAN # X ADDITIONAL INSURED A ACORD 27 (2006/07) F McPherso @ACORD CORPORATION 1993.2006. All rights resarved. The ACORD name and logo are registered marks of ACORD o [b Previously Faxed (Dale) New CITIZENS PROPIjRTY INSURANCE CORPOO~TION CommercIal-Non Residential Wind n Citizens WInd Only - Applleadon Fax Number (904) 81-5090 See manllal for guide to complete appUcation. o TIde Transfer 0 Previous or Current Polley No qT \V\l\-6tR .01 08 , (2) Licensed Florida Promu:cr Name, Mailing Address and Telephone Number (4) Applicant'. Name and Mailing Address The Porter Allen COmpeny, Inc ~ :ey West Film Society .... M! 513 Southerd Street Key West, Florida 33040 CITIZENS PO Box 1283 \.-.:'l.._ Producer LIconIe Number (REQU1IU!D) A089729 AGENCY Kay West, FL 33041 CODE (5) MortgagoolLosa Pay.. (Name and Addloss) To Item # - NUMBER (6) Payor: DMo_ m Insurod o Producor Monroe County BOCC and Monroe County TOC o Other Payor: Clo Risk Management PO Box 1026 Key West, FL 33040 L_' Addltionallnsurad (13)1lCI!QS_ 10 (7) (8) (9) (10) (11) NumbcrofSlOlia r~ ~ .................... t:r-0 All""'" ~ ONE ~ UNIlIlaCONSTRUCOON OWNEll , TIlNANT TWO , MASONRY ONSm.TSIPILD'KJS T""""''lit THIlEE SEMI WIND RESISTIVE SEE MANUAL FOR KlIk(.)llllUl'lldbyAlloeIatiOll T_C-O WIND-RESISTIVE OCCUPANCY CODES ofplOPlrty_ m YE' 0 NO ...T.... BR-A I (14) (15) (16) Renovat~ 1FCondO{~ IF__ CDIllI'li-withAJrrfSJIASCE Code,,-80v-DNo DESCIUP11ONOFOCCUPANCY Name ofComplcll ropic Cinema Model YwlName ImDrovements & Betterments Total ffofUnilJ In Bid, 0_ for Tenant doIna Renovations .....- SpcellkUnitfj n~ 0,,0.. MclbiIoHomem, on Lobbv of Theater Buildiq/l./PlIueIl LotI#AM.ILParIt om-lUIlP~1pp1bdoll (17) .., 11 E.....\-~ ................ PROPERTY LOCA.nON; , Key West Monroe 33040 -- S~NUlDbc:r StJOetNUI'Ie en, eo..., ZipCodo L.J y" m N. (18) AMOUNT OF COVBR.AOE (19) (20) Amounlrequal8d:BuildlqS $350,000 COMMERCIAL COMMER.CIAL ONLY $0 DEDUCTIBLE CO-INSURANCE AmoYm rtq\lClCed: DwcntI S 83% 8= 8 I.'" (iftc:llKkMklIllOlllaadll.tentiolla)s 51' WlMd-htloutlblo Amountroquatcd: OdtefS 0 (21 ) UNDEllWlU'l'lNO 00l0ItMA TlON CITlZENSUSEONLY I........-"""~'!ll\o (23) CIou A1BLC>do {ala 10 mobile homea) S ,000 (22) ENDORSEMENT FORMS"~ - Aetual Cub V.Iu,; BulldblJS 350,000 ____ ~ w..,,_-_ Typo BldtCoM_ 8 NO crr.W0475ACYu.lkUImIeDt Actllal Cuh Value: Conlel\ll 5 0 YES (auac:hCllft1flca1e) ar.w 1I19BuUde11J.11k .",....- ""'" Uy... ~ C1wA 'crr.WII1O...__ 1950 CauB CIT-W 1791 eaau-clal COIldDlhIlt Cr" Thllbuilding_eonstrUdOdln(yeat) OIIIC ClT.WI799C_LsJC08do~ y. 0 No 0 0....... TbeUlIaln_maofthtbulldiagll(JqUan:feet) 2,000 (24)C:r'"'("""Ooo) flood Insuranc:cl C..,;or Fidelity National Pun r.ym.m PIIII. TBA m --... PIoodPolieyNumber X o s.ni-Anlllli hymecIt Plan FloocIZl:tllc (kohncePap:Z in' 4oIeripdon) FiTelnsuranee:Carrler Essex Insurance PiRPolle)'Numba" TBA (2s)Total Premium S $2,357.00 (Attach Chock) BulldinJllmilonF~PoIicy , 350,000 (lfk_) (26)Attaeh original photo(s) to revene (if requirod) Is there u~ physical damage to the property ? D YeI ~ No (27)EFFECTIVE DATE REQUESTED: Arc there losses within the last 2 years? Y-IQ-2CIoi DVnmNo 1r)'CI.indicateonpap:Z. o Endorsement Page 1 of3 CIT W01.CNR 01 08 Citizens Property Insurance Corporation Comman:l8~Ra.ldantlal - WInd Only Application lor Coverage Election Not To Buy Seperate Flood Insurance (Required If property's located In Flood Zone A or V and the policyholder does have a flood policy.) I, , have elected NOT to purchase, or can purchase separate flood insurance for the property to be Insured by Citizens Property Insurance Corp on '"Cltlzensj and affirm the following: FLOOD INSURANCE IS NOT PROVIDED IN NlY POLICIES WRITTEN CITIZENS PROPERTY INSURANCE CORPORATION. MY PROPERTY WILL NOT BE COVERED BY C NS FOR NlY LOSS CAUSED BY OR RESULTING FROM FLOOD. I UNDERSTAND FLOOD INSURANCE Y BE PURCHASED SEPARATELY FROM A PRIVATE FLOOD INSURER OR THE NATlO FLOOD INIURA PROGRAM {"NFIP"I, AN ENTITY CREATED BY THE UNITED STATES FEDERAL GOVERNME T. IF I MAKE A CLAIM FOR WATER DAMAGE A NS PROPERTY INSURANCE CORPORATION, NlD I HAVE NOT PURCHASED FLOOD INSURANCE T REQUIRED BY CITIZENS, I WILL HAVE THE BURDEN OF PROVING THE DAMAGE WAS NOT C~D B L . I UNDERSTNlD CITIZENS MAY DEN AP ATION FOR COVERAGE OR CNlCEL MY POLICY IF I DO NOT EITHER SIGN THIS FORM OR MAl . PARATE FLOOD INSURANCE POUCY AT LIMITS REQUIRED BY CITIZENS. . The O""'e of Insurance Regullltlon Izens Property Insurance CorpOtBtJon stIong1y t8C0mmend thIIt ptopetty ownen In "Special Flood Hazard s" (as IdentHlad by the NFlP) obtain flood col/tllll98. I have read and I understand the I nmatlon above, and I elect NOT to separately purchase flood coverage. I understand my election shall apply to this poli and all future renewals of this poIiey Issued to me by Citizens, unless ptOOf of purchase of flood Insurance Is provided Itlzens. I undersland that execution of this fonm does NOT relieve me of any obllgstion I may hava to my mortgages to rehase flood Insurance. Aganrs Signature Print Nama o Full Payment: Premium Amount Due Pa ent 1 100% of II rem/um Quarterly Payment Plan: Date PAYMENT PLANS (Mortgagee, LoInholdar & Premium Rnance Co. are IIlll ailglble lor Quarterty And Bem/-Annual Payment Plans) Qua OIItII Poll Effective Date Premium Amount DUA Payment 1 40% of poliey premium Payment 2 20% of polley premium, plus 4% of the 2"" Installment amount psyment 3 20% of polley premium, plus 4% of the 3'" instellment amount Payment 4 20% of polley premium, plus 4% of the 4" Inslallment amount Due Data Polley Effective Date 90 days from the policy effective date 180 days from the polley effective data 270 days from the polley effective date Semi-Annual Payment Plan: Premium Amount Que Payment 1 60% of polley premium, Payment 2 40% of polley premium, plus 4% of the 2nd inslallment amount Due DaM Policy Effective Data 180 days from the polley effective date Intelhlll ch III. rat_that I.. PrI L His m 8.5% 11m e II'IteNet ront un dblllanoi 104'lloofthe_1od mont. or ou torY Date of Lou Amount Oeacrlptlon Page 2of3 CIT W01-CNR 01 08 Citizens Property Insurance Corporation COmmerclol-NQnr"sldontlal- Wind Only Appllclltkln f<lr COve"'ge APPUCANT(S) AGREEMENT AII....rt of mv _IICl1l1on Is_ and stIInm the followlna: EFFECTIVE DATE OF COVERAGE: I underoland the Effective Dale Clf CQveroge Is upon oppl'ClVlll QI CitIzens. NQ Insuronoe &gent hes the _ Ie> bind OQVIlr8gtlllr make the pQllcy effective. R....lpt by lIllents Clf premiums Is nell r8Q8lpt by CItIzens ond doee nell moke the pQncy _. Appltc8nts muet not rely on rep.....nla~on of ony perty other then CItIzens. R8Qll1pt ond occeptllnoe Clf poyments by Cltlzene Clf In oppUcont's _ Is for deposit purposes only and does not establish a contract for Inaurance between applicant and Citizens. OFFER OF COVERAGE: I underotond thst n my policy Is Issued by Citizens. such 0 policy moy be token out. sssumed llr remQved ftom CltIzene ond replooed wtth one from .n .uthol1zed Insurer th.t may not provide 1de~1 ooverege. Addltlon.IlY, I .m ow.re thai .cceptllnco Clf. CltIzene poUcy creates a conclusive presumption that 1 am awlre of this potential. I undOl1lland that If Clllzens or the m.rkelosslstonoe pl.n Qblalns.n offer ftom .n Insurer Ie> "'pl.co my policy, my policy Is no longer eligible Illr "'newal by CI~zan.. By signing this .ppllca~on, I .uthorize Cltlzans to sh.re my Inf<lrm~n wtth other Insurera .nd .gents who may .ttempt Ie> ptaco my coverage with another Insurer. MOBILE HOME APPLICANT(S): Your wind only mobile home pQllcy will be Issued on 0 ".- vol... _." n YQUr mobile home Is d-.yed by the peril Clf Hurricane, Other Wlndsle>rm or Hall, we will poy the ..toted valua" dwelling building 0QVIlr8gtl umn Clf 10bUDy shown on the Ood.",UOns p.ge. II YQUr mobile home Is only p.r1Ially d.mIIlled by . Cll\o'IIfed peril, CItIzens loss settlement wfll be on en --"1 cooh volue- b.sls up to the dwelling building QOveroge limn 01 IIebIlDy shown Qn the Dod.~on page. The policy premium wII be based upon the limit of IlabHlty agreed upon 8. the anrent value of your mobile home. To be eligible for QOveroge mobile homee must meet the minimum mQbiIe home tle-down requlremants In .QOllrd.nco wtth Secll,lO 320.8325 Florid. Btetutes. I .gree to p.y . re-lnspectlon fee n my mobile home Is found not Ie> QOmply wtth the stolute. APPLICATION STATEMENTS AND COVERAGE ELECTIONS: I .mrm the property to be Insured .s Ho......d _ for Insu",noe purp.... llr Non-Ho_ _ for Ins....noe purposes bessd upon the dasslficatlons provided on the Afftrmatfon of Property Status (Crr-Hs..1). I have road the .~'" .ppllcatlon end .gree th.t all QI the .nswero given Qn eech app/lcalkln _are true, ClllmICl end QOmplete and I have msde Informed CClveroge elections on beh.1f Clf .11 Insured.. I .g... that n my down payment Qr full peyment check f<lr the Innlsl premium Is retumed to the b.nk for .ny reason, QOveroge m.y be null .nd void from IncapIkln (e.g. Insumc:lent funds, clcoed .QOOunt, atc>p poyment), ANY PE SON WHO KNOWlNGL UNO WITH INTENT TO INJURE, DEFRAUD OR IlEC!IVE AK'( INSURER FILES A STATEMENT OF CLAIM PUCAll0N COIltAlNI ANY FALSI!, INCOMPLl!TE, OR MISLEADING INFORMATION IS GUILlY OF A FELONY OFT T GRE ~ ~ I', 06 <i DelS 01' ~s~Ig;.fb ..,..".. ~C"c.ep\a.- Print Name of Agent PIIlle3013 NOTICE OF CANCELLATION OR NON-RENEWAL ~ITIZENS tAoft:llfi Ui...l"'lII~" eo........'till. CITIZENS PROPERlY INSURANCE CORPORATION WIND ONLY POLICY 6676 Corporate Cen1er Parkway Jacksonville, Florida 32216-0973 "".."._-_....'.>_.,-_.--~ I ;~: , \ iFi\/ED , CitiRna Polity No. i 14 7271 7 MONROE COUNTY BOCC AND MONROE COUNTY TDC C/O RISK MANAGEMENT PO BOX 1026 KEY WEST, FL 33040 I I ~l Lt. I I L r ~, Motrgape Or Other Identified Interest: 24 6/17/09 DATB OF NonCl! [!] CANCELLATION TO TAKE EFFECT AT 12:01 AM 7/01/09 D THIS POllCY WILL EXPIRE EFFECTIVE 12:01 AM AND THIS POLICY WILL NOT BE RENEWED. Yau an hereby notified ill ~ with the terms and conditions of the above mentioned JQlicy, and in accordance with the law, that your insuIInce will cease at and from the hour and date mentioned .bow b the reason(s) stated ill the section below. RBASON(S) FOR CANCELLATION OR NON RENEWAL: 99 Ar<<)UHT DUE: ADDITIONAL PREMIUM DUE NOT PAID '360.26 A IF THBRE IS ANY REFUND DUE YOU, RE'lURN PREMIUM WILL BE MAll..ED WITHIN FIFTEEN (IS) WORKING DAYS AFTBR THB BFFBCTIVE DATB OF CANCELLATION. TO MORTGAGEEILOSS PAYEE Bffective 7/01/09 , at 12:01 A.M. (EutemStandant Time), we hereby cancel oroommew the MOItgageelLou Payee Agreement which is made pII't of the above mentioned policy isaued to the insured named .bow for the properties inslnd by this policy and made payalie to you as mortgagee (or Trustee/Loss Payee) in the ewnt oflolS. AGBNf (800) 292-2542 PORTER-ALLEN CO 513 SOUTHARD ST KEY WEST, FL 33040 INSURED KEY WEST FILM SOCIBTY PO BOX 1283 KEY WEST, FL 33041 ~ ~ '. ~ ~ Q../V\-0--- CIT-WOO (7/01) 00030 MORTGAGEE COPY