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11/17/2010 AgreementDANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 19, 2010 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN. Maxine Pacini Administrative Assistant FROM. Pamela G. Hanco".C. At the November 17, 2010, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item G1 Destination Events Agreement with Key West Business Guild, Inc. covering Key West Pride in an amount not to exceed $13,000, DAC I, FY 2011 Event Resources. Item G2 Resolution No. 445-2010 transferring DAC V funds from FY 2011 Event Resources into DAC V, FY 2011 Advertising Resources. Item G3 Contract with Smith Travel Research for a (Destination Report Agreement) who is the only entity that provides local reporting specific to Monroe County accommadations and provides reports pertaining to occupancy and daily average rates on a weekly, monthly and annual basis to the Monroe County Tourist Development Council. Item G4 Board granted approval and authorized execution of a Destination Events Agreement with Greater Marathon Chamber of Commerce, Inc. covering the Original Marathon Seafood Festival in an amount not to exceed $40,000, DAC III, FY 2011 Event Resources. Item G5 Destination Events Agreement with MRM Key West, LLC covering the Key West Food & Wine Festival in January, 2011 in an amount not to exceed $8,000, DAC I, FY 2011 Event Resources. Item G6 Destination Events Agreement with Upper Keys Community Pool, Inc. covering the Orange Bowl Winter Training and Swim Classic in an amount not to exceed $50,000, DAC V, FY 2011 Event Resources. Item G7 Destination Events Agreement with Key West Paddleboard Classic, Inc. covering Key West Paddleboard Classic in an amount not to exceed $15,000, DAC I, FY 2011 Event Resources. Item G8 Destination Events Agreement with E-Vents of Key West, LLC covering Bone Island Bare It All Weekends and Key West Bear Fest in an amount not to exceed $14,000, DAC I, FY 2011 Event Resources. Item G9 Destination Events Agreement with Keys Area interdenominational Resources, Inc. covering the Sombrero Beach Run in an amount not to exceed $15,000, DAC III, FY 2011 Event Resources. Item G10 Destination Events Agreement with Key West Innkeeper's Association, Inc. covering the Holiday Historic Inn Tour in an amount not to exceed $5,006, DAC I, FY 2011 Event Resources. Item GI I Destination Events Agreement with Islamorada Chamber of Commerce, Inc. covering Florida Keys Island Fest in an amount not to exceed $20,000, DAC IV, FY 2011 Event Resources. Item G12 Destination Events Agreement with The Redbone, Inc. covering the SLAM Celebrity Tournament in September, 2010 to revise Exhibit D. Item G13 Destination Events Agreement with Key West Business Guild, Inc. covering Tropical Heat in an amount not to exceed $5,000, DAC I, FY 2011 Event Resources. Item G14 Destination Events Agreement with Key West Business Guild, Inc. covering Womenfest in an amount not to exceed $15,000, DAC I, FY 2011 Event Resources. Item G15 Destination Events Agreement with Shoot for the Moon covering the Battle in the Bay Dragon Boat Festival in an amount not to exceed $35,000, DAC III, FY 2011 Event Resources. Item G16 Destination Events Agreement with Bauer Restaurant, Inc. covering the Key West Songwriter's Festival in April/May, 2011 in an amount not to exceed $25,000, DAC I, FY2011 Event Resources. Item G17 Destination Events Agreement with University of Florida national Alumni Association, Inc. covering the Key West Half Marathon in January, 2011 in an amount not to exceed $10,000, DAC I, FY 2011 Event Resources. Item GI Destination Events Agreement with 218 Duval Street Corporation for the production of Fight Night in the Keys in January, 2011 in an amount not to exceed $55,000, FY 2011 Event Resources. Item G 19 Destination Events Agreement with Premiere Racing, Inc. covering the Key West 2011 in an amount not to exceed $40,000, DAC I, FY 2011 Event Resources. Item G20 Destination Events Agreement with Monroe County Commercial Fishermen, Inc. for the Florida Keys Seafood Festival in January, 2011 in an amount not to exceed $10,000, DAC I, FY 2011 Event Resources. Item G21 Destination Events Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Music Festival in an amount not to exceed $5,000, DAC II, FY 2011 Event Resources. Item G22 Destination Events Agreement with Phil Peterson's Key West Poker Run, LLC covering the Phil Peterson's 39th Annual Key West Poker Run in September, 2011 in an amount not to exceed $25,000, DAC I, FY 2011 Event Resources. Item G23 Destination Events Agreement with Lower Keys Chamber of Commerce, Inc. covering the Big Pine & Lower Keys Island Art Festival in an amount not to exceed $8,000, DAC II, FY 2011 Event Resources. Item G24 Destination Events Agreement with Upper Keys Business Group, Inc. covering the Key Largo Conch Republic Days in an amount not to exceed $15,000, DAC V, FY 2011 Event Resources. Item G25 Destination Events Agreement with Upper Keys Business Group, Inc. covering the Key Largo Food & Wine Festival in an amount not to exceed $30,000, DAC V, FY 2011 Event Resources. Item G26 Destination Events Agreement with Key Largo Baptist Church, Inc. covering the Key Largo Bridge Run in an amount not to exceed $19,000, DAC V, FY 2011 Event Resources. Item G27 Destination Events Agreement with Key Largo Merchants Association, Inc. covering the Key Largo's Original Music Festival in May, 2011 in an amount not to exceed $20,000, DAC V, FY 2011 Event Resources. Should you have any questions, please feel free to contact me. cc: County Attorney Finance File DESTINATION REPORT AGREEMENT This AGREEMENT is made effective this the 1st day of January, 2011 by and between SMITH TRAVEL RESEARCH, INC., 735 East Main Street, Hendersonville, Tennessee 37075 ("STR"), and MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (BOCC or "County„), 1100 Simonton Street, Key West, FL 33040, a political subdivision of the State of Florida. WHEREAS, STR is a leader in the lodging research industry and has developed a series of local market reports, which are designed to present data on the relative performance of lodging industry properties in selected competitive markets and segments of the lodging industry; and WHEREAS, the Tourist Development Council (TDC or Client), an advisory board to the BOCC, has recommended that the County enter into an agreement with STR for the purpose of delivery of goods and services as described herein; and WHEREAS, Client desires to remain a subscriber to the monthly market, multi -track destination reports for the Florida Keys, Upper Florida Keys and Key West by entering into this Agreement (Exhibit A); and WHEREAS, Client also desires to remain a subscriber to the historic trend monthly report for Key Largo (Exhibit B); and WHEREAS, Client also desires to remain a subscriber to the historic trend monthly report for Marathon (Exhibit C); and WHEREAS, Client also desires to remain a subscriber to the historic trend monthly report for Key West Under 40 Rooms (Exhibit D); and WHEREAS, Client also desires to remain a subscriber to the monthly multi -segment Florida Market report (Exhibit E); and WHEREAS, Client also desires to remain a subscriber to the weekly Key West Trend report (Exhibit F); and WHEREAS, Client also desires to remain a subscriber to the weekly Florida Keys report (Exhibit G); and WHEREAS, Client also desires to subscribe to the historic trend monthly report program for Islamorada (Exhibit 1); and WHEREAS, this Agreement outlines the obligations and responsibilities of the respective parties participating in the local market report program; now therefore In consideration of the following mutual covenants, STR and the BOCC agree as follows: 1. DURATION. Client shall subscribe to the various reports listed above (hereinafter referred to collectively as "Destination Reports") participate in the local market report program for a period of thirty-six (36) months, commencing January 1, 2011 (December data), and ending on 1 December 31, 2014. (November data). No later than sixty (60) days prior to the expiration of this initial term, STR will provide the BOCC with renewal rates. Thereafter, the BOCC has the authority to extend this agreement for one (1) additional 24-month period at the agreed -upon rates by providing 30 days prior written notice to STR. Smith Travel Research Agreement 2010 2. REPORTS. As consideration for the PAYMENT described below and Client's subscription to the Destination Reports, Client shall receive a set of twelve (12) monthly Destination Reports and fifty two (52) weekly Destination Reports prepared by STR. The first set of weekly Reports shall be issued to Client on or about January 6, 2011, and subsequent Destination Reports will be forwarded thereafter to Client on or about Wednesday of each week. The first set of monthly Destination Reports shall be issued to Client on or about January 28, 2011, and subsequent reports will be forwarded thereafter to Client on or about the last week of each month. The Destination Reports forwarded to Client shall include the type of market and market segment information contained in the sample reports attached as Exhibits "A" thru "G" and "I" which are fully incorporated into this Agreement by this reference. The reports will be delivered by STR to a place designated by Client. 3. PAYMENT. As consideration for subscribing to the Destination Reports, BOCC agrees to pay STR for the first year of this agreement (January 1, 2011 through December 31, 2011) the total annual sum of sixteen thousand eight hundred and seventy-one dollars and ninty-six cents ($16,871.96) with eleven monthly payments of one thousand four hundred six dollars and zero cents ($1,406.00) and one payment of one thousand four hundred five dollars and ninety-six cents ($1,405.96),payable per month, within ten (10) days after the last day of the month for which payment is due. At the conclusion of the initial year of this Agreement, the rates may be adjusted by CPI-U for South Florida for year ending December 2011 for year 2 of this agreement and CPI-U for South Florida for year ending December 2012 for year 3 of this agreement Client shall also provide STR with three (3) copies of each edition of Client's report, newsletter, publication (if any) in which the STR data (defined below) is printed as they are published, produced and/or disseminated. Payments for subsequent years of this agreement shall be agreed upon by the BOCC and STR in writing. 4. PUBLICATION FORMAT. From time to time, Client may wish to publish or reprint data from the Destination Reports. The documents attached as Exhibit H are examples of permissible formats and methods of publishing and reprinting the data during the term of this Agreement. Exhibit H is an example of information that may from time to time is supplied by Client to the members of the Monroe County Tourism Development Council and members of the District Advisory Committees. The Destination Reports and Exhibit H constitute confidential trade information and may only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes. Any H style document shall contain the following notice: 'This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes." if Client wishes to utilize formats and methods to publish or re -print any Destination Report data that are in any way different from examples set forth in Exhibit H, Client must provide STR with a draft of the proposed report and receive approval for such publication or reprinting from STR in writing. . Any such publication or reprinting must also cite STR as the source of such data or, if requested by STR, include mention of STR in the masthead and/or title of the publication in such a way as to clearly indicate that the newsletter or report is a "joint publication of Client and Smith Travel Research, Inc.", "published in cooperation with Smith Travel Research, Inc." or any other suitable joint recognition. In addition, such publication or reprinting shall also, if requested by STR, contain notices referring to the confidentiality of the STR data and limiting distribution of the report. Any modifications to the content, format or appearance of the STR data, or to the masthead and/or title, after STR has approved the format of the same, unless re -approved by STR, shall be considered a breach of this Agreement and allow STR to terminate this Agreement immediately in accordance with the other provisions set forth below. Smith Travel Research Agreement 2010 For the avoidance of doubt, Client need not obtain STR's prior approval for any STR data that is merely paraphrased or summarized in the text of a report or publication, as opposed to set out in tabular or graphic form. However, regardless of whether any prior approval is required, ANY AND ALL REFERENCES TO OR INCLUSION OF STR'S DESTINATION REPORT DATA IN ANY AND ALL TEXT, TABLES, GRAPHS, CHARTS, ETC., MUST BE CLEARLY ATTRIBUTED TO STR AS THE SOURCE OF THE DATA WHEREVER IT APPEARS AND IN WHATEVER FORM IT APPEARS. STR RESERVES THE RIGHT TO WITHHOLD MONTHLY DESTINATION REPORT DATA IF CLIENT'S PUBLICATION OF THE STR DATA DOES NOT CONFORM TO THE PROVISIONS OF THIS AGREEMENT. FURTHERMORE, IF STR DETERMINES THAT CLIENT HAS INTENTIONALLY OR RECKLESSLY MISREPRESENTED OR MISSTATED THE STR DATA, OR HAS, ON A REPEATED BASIS, INTENTIONALLY OR RECKLESSLY FAILED TO CITE STR AS THE SOURCE OF THE DATA OR INFORMATION INCLUDED IN ANY CLIENT PUBLICATION, STR SHALL HAVE THE FURTHER RIGHT(S) TO DO SUCH THINGS AS: IMMEDIATELY TERMINATE THIS AGREEMENT, PROHIBIT CLIENT FROM FURTHER REPRODUCTION OR USE OF THE STR DATA OR INFORMATION, OR BRING A CAUSE OF ACTION AGAINST CLIENT FOR INFRINGEMENT OF STR'S COPYRIGHTS. IF STR EXCUSES ANY FAILURE BY CLIENT TO CITE STR AS THE SOURCE OF THE DATA AND INFORMATION ATTRIBUTABLE TO STR, AND STR THEREFORE WAIVES A RIGHT OF ACTION AGAINST CLIENT, SUCH WAIVER OR ACQUIESCENCE SHALL NOT BE CONSTRUED AS A WAIVER OF EACH OR ANY SUBSEQUENT RIGHT OF ACTION, OCCURRENCE OR BREACH BY CLIENT. 5. DEFAULT. In the event that BOCC shall not make payment when due, STR shall be under no obligation to provide Destination Reports to Client until such time as the overdue payment is paid. In the event that payment shall remain unpaid for a period of 60 days after its due date, this Agreement shall automatically terminate and otherwise become null and void, and STR shall have no further obligations; provided, however, that STR shall have the right to declare due and payable all sums due under the terms of this Agreement. 6. DEFAULT COSTS. In the event of BOCC's default under the terms of this Agreement, STR shall be entitled to receive from BOCC, in addition to all other amounts due, the costs of collection, including reasonable attorney's fees, incurred in the collection of amounts due under the terms of this Agreement. 7. OWNERSHIP OF THE DATA. All of STR's data, without regard to the form or content of the report in which it is incorporated, is, will be, and shall remain STR's exclusive property and proprietary information. Neither BOCC nor Client shall license or sublicense, or in any way lay claim, in copyright or otherwise, to any of STR's data or information for any reason, nor shall BOCC or Client enable any third party to do any of the same. The Parties agree that any and all data sets, information, and reports, irrespective of form, prepared by STR and provided to Client are not and do not constitute works for hire under the copyright laws. STR has the right to authorize and assign publication rights of the Destination Report data under this Agreement to other subscribers of the destination report program. STR recognizes that upon provision of any reports to Client, those documents become public records and are subject to Florida Statutes (F.S.), Chapter 119. Section 119.07(1)(a), F.S. requires the TDC to permit such records to be inspected by any person desiring to do so, and to provide a copy of said record upon payment to Client of a duplication fee. Client shall credit STR as the source of the data in each publication using Destination Report data with the following notation: Smith Travel Research Agreement 2010 SOURCE: 2011 SMITH TRAVEL RESEARCH, ALL RIGHTS RESERVED Such notation shall conspicuously appear immediately below or in conjunction with any and all graphs, charts, tables, etc. derived by Client from STR's data, and all such graphs, charts, tables, etc. shall become the property of STR, because of Client's derivation of STR's data. However, STR shall not be liable for, and shall be indemnified by Client from, any and all liability due to Clients improper or inaccurate derivation of the STR data. Documents and reports which have been produced on paper and have become public records in the Clients custody shall be retained by Client. The production under Section 119.07, F.S. is for informational purposes only and not for commercial release. The County has no policy allowing commercial use of the Clients public records other than those specifically developed for commercial use by the Client. Upon termination of this Agreement for any reason, or, with respect to any particular data, on such earlier date that such data will be no longer required by Client in order to perform under this Agreement, such data will be either erased from the data files maintained by Client or, if' STR so elects, Client shall return the data to STR. Any such erasure of STR's data will be verified and confirmed in writing by Client. Documents and reports which have been produced on paper and have become public records in the Clients custody shall be retained by Client. 8. CLIENT'S USE OF THE STR DATA. In addition to Client's publication rights and obligations, which have been stated above, Client is authorized to use STR data, results and/or the Destination Reports in the operation of its business. The Destination Reports and STR data supplied by STR to Client are confidential and proprietary information, and the Client shall not disclose the Destination Reports or STR data to any person or entity not authorized in this Agreement or any other writing to receive such information. Client shall not make or report any projections regarding room rates, in its advertising or marketing efforts, or in any of Its publications, that are based on the information presented in the Destination Reports. Client expressly agrees and understands that the data contained in any and all STR Destination Reports is of extraordinary value to STR. Furthermore, any and all forecasts and/or projections provided by Client and included with any data belonging to STR shall be clearly and conspicuously referenced as the projection or forecast of the Client and not STR so that all associated liability rests on Client and not STR. To the extent Client desires to disclose any of STR's Reports, data or confidential or proprietary information, for any purpose, to anyone or any entity outside of Client's own internal business operations, other than as allowed in paragraph 4 above, Client agrees to protect the secrecy, confidentiality, and proprietary nature of STR's data and information by: (i) first informing STR in writing of the identity of the intended recipient of the disclosure, AND specifying the purpose of the disclosure, in order to provide STR with an opportunity to refuse authorization of such intended disclosure; (ii) requiring the intended recipient to sign a suitable confidentiality agreement between Client and the recipient protecting STR's data and information; and, (III) delivering a copy of the signed confidentiality agreement to STR. 9. DISCLAIMER. Client acknowledges the Destination Reports are generated from information received through independent surveys and research from sources considered reliable in the hotel and motel industry. STR will use its best efforts to insure the information contained in the Destination Reports are accurate and complete. STR TAKES NO RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE RAW DATA PROVIDED TO STR FOR USE IN ITS DESTINATION REPORT(S). CLIENT AGREES THAT STR SHALL NOT BE LIABLE FOR DAMAGES INCLUDING CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OF ITS DATA AND/OR THE DESTINATION REPORT(S). STR MAKES, AND CLIENT RECEIVES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE PERFORMANCE OF DATA Smith Travel Research Agreement 2010 OR THE RESULTS THAT MAY BE OBTAINED USING THE DATA. ACCORDINGLY, THE DATA IS LICENSED "AS IS" WITHOUT WARRANTY AS TO ITS PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE DATA IS ASSUMED BY CLIENT. 10. LIMITATION OF STR LIABILITY. The parties further agree that in no event shall STR's total liability relating to STR's performance under this agreement, or any report or data provided to Client by STR, exceed the total of the sums payable by BOCC and received by STR, and in no event shall STR be liable for special, indirect, consequential, incidental, or exemplary damages. 11. MODIFICATION. This Agreement represents the entire understanding between the parties and there are no representations agreements or understandings either oral or written, other than those set forth in this Agreement. Any modification to this Agreement shall be in writing signed by both parties. .12. INDEMNIFICATION. STRh covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by Smith Travel Research, occasioned by STR's gross negligence, or knowing or intentional misconduct. Subject to and without waiving the provisions of Section 768.28, Florida Statutes, BOCC covenants and agrees to indemnify and hold harmless STR from any losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of BOCC's gross or knowing or intentional disclosure of or material misuse or misrepresentation of the Destination Reports. 13. 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 a contract to provide any goods or services to a public entity, may not submit a bind on a contract 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 supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 14. ETHICS CLAUSE. STR warrants that to the best of its knowledge no person has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the TDC has any interest, financially or otherwise, in STR, its subsidiaries or affiliated companies. . 15. DOCUMENTATION PERTAINING TO AGREEMENT. STR shall maintain all books, records, and documents directly pertinent to this Agreement in accordance with generally accepted accounting principles consistently applied. In the event of a dispute, claim or litigation between the Parties, each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement in accordance with the provisions of Chapter 119, Florida Statutes, during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to STR pursuant to this Agreement were spent for purposes that are unrelated to the normal operating expenses of STR or that are not otherwise authorized by this Agreement, and in particular if the Clerk should determine that the money has been spent for any unlawful purpose, STR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to STR. Smith Travel Research Agreement 2010 16. INTERPRETATION. MEDIATION. BOCC, Client and STR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. The rules and procedures governing any such mediation shall be in agreed upon in writing by the Parties. 17. SEVERABIUTY. 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. BOCC and STR 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. 18. ATTORNEY'S FEES AND COSTS. BOCC and STR 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 attorneys fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 19. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the BOCC and STR and their respective legal representatives, successors, and assigns. 20. AUTHORITY. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 21. 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, BOCC and STR 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. BOCC, Client and STR specifically agree that nothing in this Agreement requires a party to enter into any arbitration proceedings related to this Agreement. 22. NONDISCRIMINATION. County and STR 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 STR agree to comply with all applicable Federal and state statutes, rules regulations and local ordinances, as applicable that prohibit discrimination. 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 in Employment 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; Smith Travel Research Agreement 2010 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) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 23. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of any applicable state law, including but not limited to Section 768.28, Florida Statutes, the participation of BOCC in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by BOCC be required to contain any provision for waiver. 24. 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 BOCC, when performing their respective functions under this Agreement within the territorial limits of BOCC 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. 25. LEGAL OBLIGATIONS AND RESPONSIBILITIES. 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. 26. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and BOCC and STR agree that no Party or any agent, officer, or employee of a Party 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. 27. 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. Smith Travel Research Agreement 2010 0 0 U_1 cr_ cr_ CO L- O W _1 li parties to this agreement sign below, intending to create a legally binding agreement WITNESS: WITNESS: r to N N L. Kolhage, Clerk Clerk / ; �« RE WE a OWN- `e el Board of County Commissioners of Monroe County mayor/Chairman Smith Travel Research, Inc. By Director, CVB/DMO Operations MONROE COUNTY ATTORNEY AP OVt= AS TO Oil x, A- V- . I " kNT N�"HIAE—FALLASSIST COUNTYTTORNEY Smith Travel Research Agreement 2010 L X W o 11 con of of vl m _. o d r; EUl lh •- N •- N: ar �p n { Q{pp N m Ol of r - r CI lA N T OI Nlh 0: Y N c o of r o m d d m m m a u M O 00 � � � N O •- _ ul Oi- �- N � a E > of o In r ri Cf oi. Ol ry d 7 U rc ul d 0l m d ul d m Q vl na •. 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O d N b n N 10 � CAD 10p O O n cm O T m ul 0 0 Im'1 r CND N A N aQD N .�- CND W 7 ti< b ci n g n m a ti to a m in e umi .. m m m T N e Q m m d m O) A Yl m in in d m m m m m A N m A d n n m d m m A O m A N m N n o e N O) m u7 d N n N n m m d m A N d N A m n m d n M d m 7 n d d M M O m n N n d M m A Ol N IT n N d d M n O g O d t4n y V 9 7 n 9 G O d< N M m d d m m N A V7 m V) r- m •- UN m M M 7 A n d m A M 7 A: O m O fJ 4�! o N' O Hf O m N M . ,i N CQD O O M H O fP n M m m M N O N J Kq LL U LL LL: a � o SI LL LL U C U II J L� °: E o° Jac £ m LL m m main E ymo 3 r § LL -3 P % 32 MAI i A V .G o i d � N ry a s > s f e o o N �- `a uoi � d 3 3 � � 4 � � c F � v E f 0000000000 mNn N�(l vex N� x IISTORIC TREND REPORT MONROE COUNTY ;MITH TRAVEL RESEARCH tXhlblt H 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg Monroe County Average Occupancy January 74.6% 73.7% 68.5% 68.2% -0.4% 100 0% -i February 79.5% 81.5% 80.2% 80.3% 0.1% 90.0% March 81.6% 83.0% 81.1% 85.2% 5.1% April 79.7% 78.9% 80.9% 83.3% 3.0% 80 0% May 71.4% 74.4% 74.1 % 76.9% 3.8% 70.0% t June 71.6% 71.4% 73.3% 74.1% 1.1% 60.0% July 73.0% 75.6% 78.2% 79.3% 1.4% 50.0% August 64.7% 61.9% 68.0% September 48.9% 35.7% 47.1 % 40.0% i -{ - - t *14 -- - October 55.2% 54.8% 60.1 % 30.0% November 64.4% 63.1 % 65.1 % 2 < e December 58.8% 59.3% 62.8% z° o ----M--2007 2008 -2009-7K-2010 Total 68.1 % 67.5% 70.3% 77.7% 1.5% 2007 2008 2009 2010 % Chg Monroe County Average Daily Rate $•- January $200.74 $207.73 $184.41 $188.67 2.3% $28000 80 00 February $243.89 $238.36 $202.06 $208.20 3.0% March $258.13 $259.40 $206.17 $226.85 10.0% $260.00 April $227.63 $205.24 $194.62 $205.30 5.5% $240.00 May $190.78 $189.17 $166.80 $170.41 2.2% $220.00 June $175.03 $168.34 $149.21 $155.90 4.5% $zoo.00 - ar----� - -� �- July $176.05 $170.72 $152.80 $159.56 4.4% $180 00 1 i August $160.85 $160.70 $141.46 $16000 } 1 r=w- September $153.19 $140.36 $134.09 $140.00 - - N•-- October $167.56 $164.36 $154.52 $120.00 -�- - - - November $172.71 $165.80 $160.24 $100.00 December $211.35 $198.54 $196.15 Total $195.18 $194.68 $171.51 $188.02 4.6% a -2007 2008 2009--*--2010 RevPAR 2007 2008 2009 2010 % Chg Monroe County Average RevPAR January $149.74 $153.11 $126.36 $128.69 1.8%9 $25000 - ( i February $193.83 $194.24 $162.09 $167.13 3.1% $23000,� -- I March $210.67 $215.20 $167.28 $193.32 15.6% $21000 __ April $181.44 $161.90 $157.40 $170.98 8.6% $190.00 1 �- May $136.23 $140.67 $123.53 $131.06 6.1% $170.00 June $125.36 $120.23 $109.38 $115.49 5.6% $150.00 - - -- --; July $128.44 $129.03 $119.55 $126.52 5.8% $130.00 August $104.09 $99.40 $96.13 $11000 September $74.85 $50.12 $63.20 $so 00 k October $92.51 $90.09 $92.81 $ } ' November $111.16 $104.65 $104.37 $50.00 0.00.. k : �� _. " . ,. December $124.38 $117.68 $123.28 3 3 _ S 1 e Total $132.90 $131.59 $120.49 $146.02 6.2% + y....a--zoo7 2010 2008 2009 -- -- Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This documentcontains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes HISTORIC TREND REPORT KEY WEST SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg 100 o r i 11! ey W"t.Av orge Occupa{►cy . - .. - � i January 81.6% 80.8% 76.1% 78.4% 3.0% February 87.1 % 87.0% 87.2% 88.6% 1.6% 90.0 / I March 84.6 /° 89.0 /0 88.2 /0 92.3 /0 4.6 /o ao o io +- 71, April 84.9% 86.8% 87.5% 89.7% 2.5% May 78.5% 82.3% 81.5% 83.3% 2.2% 70.0"/aJune 75.2% 75.7% 78.0% 76.9% -1.4% July 78.3% 80.6% 83.5% 82.2% -1.6% 600/ August 69.6% 66.4% 73.3% 50.0r:., September 56.7% 39.9% 54.7% I October 64.4% 63.9% 69.1 % 40 0% November 75.9% 72.7% 74.8% e December 69.5% 68.8% 71.5% 30.o ro Total 75.5% 74.2% 77.2% 84.5% 1.7% y--§---2007 2008 2009 x--2010 2007 2008 2009 2010 % Chg $300.00 � . � � Key Wa as Averagel QjilylRate January $208.16 $217.36 $198.54 $198.77 0.1% $280.00 --------- February $253.00 $250.00 $215.09 $226.80 5.4% $260.00 March $260.70 $263.15 $215.70 $241.60 12.0% $240.00 •• I .. April $221.42 $211.36 $200.74 $220.53 9.9 /o $220.00 May $192.52 $197.28 $174.23 $184.80 6.1% June $173.72 $173.38 $153.72 $165.20 7.5% $200.00 July $170.21 $175.56 $157.32 $165.73 5.30/0 $180.00 August $158.42 $162.91 $146.51 $160.00 < i September $163.52 $150.22 $144.51 $140.00 October $181.01 $180.14 $172.97 $120 00 - - F November $176.46 $172.41 $170.80 $100.00 f - December $216.07 $201.92 $202.31 y--WM--- 2007 2008 - - 2009 `-38-2010 se Total $200.18 $201.44 $180.29 $201.95 7.1% RevPAR 2007 2008 2009 2010 % Chg $250.00 i IKoii et �ve a l�ev AR . .. January$169.84 $175.61 $151.03 $155.76 3.1% $230.00 --- ?_. -�_._ :. February $220.26 $217.42 $187.62 $200.95 7.1% $210.00 I March $220.51 $234.21 $190.30 $223.09 17.2% $fs000 - April $188.01 $183.45 $175.68 $197.87 12.6% $170.00� i May $151.04 $162.29 $141.96 $154.01 8.5% $150.00 - - June $130.61 $131.20 $119.94 $126.97 5.9% July $133.34 $141.56 $131.32 $136.30 3.8% $13000•. $110 00 August $110.26 $108.18 $107.40 September $92.64 $59.94 $79.05 $90.00 ... L...,fi ! j October $116.63 $115.17 $119.48 $70.00 - --, -- i- - _ November $133.89 $125.43 $127.83 $50.00 -�- -- - ----- _.. ....... December $150.21 $138.98 $144.70- Total $150.64 $149.49 $139.11 $170.71 9.0% L0, 2007 2008 ` 2009 x-2010 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc.ISTR Global, Ltd. This documentcontains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes HISTORIC TREND REPORT KEY WEST B&Bs, GUEST HOUSES AND INNS SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg Key West B&Bs Guest Houses & Inns Average Occupancy 100 0% ... y. _�,. _ .. p January 83.7% 79.8% 78.8% -1.3% 90.0ro�� ( 1 February 92.0% 92.3% 90.0% 90.1 % 0.1 % ! March 90.2% 91.1 % 90.8% 94.8% 4.4% 80 0 / --- t-- _. { ..., .,4 April 89.2% 87.3% 86.0% 89.2% 3.7% 700/ May 82.6% 85.8% 83.2% 84.1% 1.1% June 77.2% 76.8% 77.4% 75.7% -2.2% 600% July 79.4% 81.2% 82.7% 80.5% -2.7% 50 0% August 70.7% 67.8% 71.3% September 60.6% 43.7% 52.1 % ao.o % October 67.5% 67.6% 70.1% 30.0% November 79.2% 77.2% 75.4% J 3 E December 71.1% 70.2% 71.4% - 9a---2007 2008 ` 2009 -� -2010 Total 85.1% 77.0% 77.6% 84.6% 0.6% 2007 2008 2009 2010 % Chg $300 00 ff -r g9 ¢1x9ra9eAailtt 88ta ... . January $178.93 $167.77 $172.11 2.ti% $28000 I - - - 4_ r- f February $220.11 $209.53 $183.06 $194.48 6.2% $260.00 March $224.11 $220.04 $183.42 $204.86 11.7% $240.00 - I April $188.34 $185.40 $167.76 $186.86 11.4% $220.00 1 May $169.53 $165.73 $145.61 $158.33 8.7% $200.00 June $149.54 $141.46 $125.60 $143.20 14.00% $la000 July $147.70 $143.11 $131.70 $145.03 10.1 /o $16000 August $135.90 $136.07 $122.02 J September $139.04 $129.13 $126.92 $140.00 October $155.13 $155.87 $149.26 $120.00 F + November $145.05 $141.40 $146.04 $100.00E _ December $173.63 $165.95 $169.56 --1M--2007 2008 2009 --hF-2010 Total $184.60 $167.61 $151.20 $173.81 9.4% RevPAR 2007 2008 2009 2010 % Chg $250 00 - jPAR January$149.75 $133.85 $135.57 1.3% $230.00 - r-.-`- Ke West B& s nest oases nns very a ev February$202.40 $193.44 $164.83 $175.24 6.3% $210.00 I __. March $202.25 $200.37 $166.55 $194.12 16.6% $19000 April $167.92 $161.79 $144.33 $166.68 15.5% $170.00 May $139.97 $142.25 $121.15 $133.21 10.0% $15000 June $115.43 $108.68 $97.19 $108.37 11.5% $130.00 - -}- --,- - July $117.26 $116.26 $108.89 $116.69 7.2% $110.00 August $96.13 $92.23 $87.05 $90 00 September $84.32 $56.39 $66.16 $70.00 October $104.71 $105.37 $104.58 November $114.86 $109.11 $110.05 December $123.47 $116.50 $121.11 +9- 2007 2008 2009 -206 Total $157.12 $129.04 $117.39 $147.10 10.0% 2009 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes HISTORIC TREND REPORT MONROE COUNTY EXCLUDING KEY WEST SMITH TRAVEL RESEARCH 8/18/2010 771 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 %Ch 1000% .i my t a >,uuauc ._..�.__. 9 � td nrlfe au EisGlud� ISe Yyes x�iraa .Oq January 68.0% 66.3% 59.6% 56.3% -5.5% 90.0/ 1 t February 72.3% 75.5% 71.9% 70.5% -1.9% t March 78.6% 76.4% 72.7% 76.9% 5.8% 80 0% •• -- - w - April 74.4% 70.2% 73.0% 75.7% 3.7% May 64.3% 65.8% 65.2% 69.4% 6.40% 70 0 /- June 68.3% 66.7% 67.7% 70.8% 4.6% e ' 60.oreW ._ July 67.9% 70.0% 72.0% 75.9% 5.4% ' I August 60.1% 56.8% 61.6% 50.0% September 41.5% 31.0% 38.2% October 46.0% 44.7% 49.4% $0.0�ra I. ,�.. November 52.9% 52.4% 53.2%_� December 48.5% 48.6% 52.2% 30.0r Total 61.9% 60.3% 61.9% 69.7% 1.4% --ar--2007 2008 20091=-*-2010 2007 2008 2009 2010 /o Ch ° ounlyxcludtq� Key west Axerage Pail mate, g Monroe C I $300.00 January$192.27 $195.38 $162.99 $172.24 5.7 /e $280.00 February $233.46 $223.76 $183.29 $180.88 -1.3% $260 00 March $255.32 $254.63 $192.44 $206.15 7.1% $240.00 - I- j- j - April $234.81 $196.96 $185.91 $184.21 -0.9% i May $188.62 $178.12 $155.77 $150.22 -3.6% $220.00 June $176.40 $162.00 $143.05 $144.10 0.7% $200.00 July $182.42 $164.54 $146.62 $151.81 3.5% $18000 } ( I August $163.52 $157.84 $134.37 $16000 a. September $139.77 $126.28 $116.43 $14000 }- October $148.82 $139.28 $124.02 $120.00 November $167.36 $155.56 $141.97 December $204.80 $193.22 $185.75 Total $197.19 $185.46 $158.31 $168.35 1.4% l y - 2007 2008 2009 ---2010 RevPAR 2007 2008 2009 2010 % Chg $250.00 x Ai , 1 o i January $130.65 $129.45 $97.09 $97.04 -0.1 /a $23000 February $168.72 $169.00 $131.78 $127.58 -3.2% $210.00- March $200.70 $194.50 $139.96 $158.53 13.3% $19o.o0 April $174.77 $138.34 $135.69 $139.54 2.8% $170.00 May $121.21 $117.13 $101.64 $104.24 2.6% June $120.40 $108.08 $96.85 $102.08 5.4% $150.00 1 July $123.80 $115.16 $105.63 $115.19 9.1% $130.00--..__i_ __ _.... _. a.. $11000 August $98.26 $89.67 $82.81 September $57.94 $39.20 $44.46 $90 00 October $68.49 $62.22 $61.29 $70 00 (• , November $88.54 $81.48 $75.53 $50.00 December $99.33 $93.97 $96.88 .....W �2007 2008 2009 '-*--2010 Total $121.98 $111.76 $98.02 $117.29 2.0% Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg 100 0tia January 68.8% 68.8% 64.0% 57.9% -9.5% 90.0% February 73.7% 73.7% 76.5% 73.3% -4.2% 80.0% March 77.3% 81.1 % 75.5% 78.7% 4.2% April 73.2% 76.0% 74.3% 76.9% 3.5% 70 0% May 65.4% 74.7% 63.4% 68.8% 8.5% 60.0a/aI- June 69.1% 72.8% 67.3% 69.6% 3.4% July 70.7% 75.9% 74.4% 78.5% 5.5% 500n/o ! August 62.2% 61.3% 61.4% September 49.2% 37.6% 42.4% o ao o ra e October 51.7% 51.5% 50.1 % 30.0r ..E - - _ _ November 61.2% 59.5% 54.4% December 53.5% 51.3% 54.4% 0,112007 2008 - 2009-x-2010 Total 64.7% 65.2% 63.6% 71.7% -0.4% 2007 2008 2009 2010 % Chg $300 00 L A PtEW .......i...,. _ January $187.03 $181.46 $163.44 $169.32 3.6% $280 00 February$222.51 $209.81 $179.32 $174.62 -2.6%..._,..5 $26000 i March $224.79 $227.75 $182.50 $189.19 3.7% $240.00 April $209.87 $181.30 $173.20 $166.85 -3.7% May $169.26 $191.04 $147.94 $139.30 5.8/0 June $147.08 $139.10 $127.13 $128.09 0.8% $200.00 - July $149.36 $141.20 $132.23 $180.40 36.4% $180.00 -- _, �......-__ _. _._ I August $143.91 $135.59 $132.26 $133.69 1.1% $160.00 -, • ; September $128.83 $117.56 $115.04 $la000 �' -�-- -� $lz000 - - --_.w:..a. November $159.43 $156.84 $150.46 $100.00 December $179.56 $178.54 $174.00 t 2008 <.� 2009 -31F--2010 Total $174.90 $166.03 $149.91 $157.49 -0.4% RevPAR 2007 2008 2009 2010 % Chg $250 00 -... _.._.Ke L iafgo Average f�exIPAR , January $128.74 $121.46 $104.57 $98.12 -6.2% $230.00 € € February $163.88 $167.76 $137.13 $128.01 -6.7% $210.00 - f • - - - , -' �- ---- - March $173.83 $184.53 $137.81 $148.95 8.1% $190.00 -- • -•.- I April $153.69 $137.73 $128.61 $128.24 -0.3% $170.00 t_.}, May $110.76 $142.63 $99.53 $96.92 -2.6% $150.00 June $101.62 $101.27 $85.54 $88.62 3.6% $130.00 July $105.67 $107.20 $98.39 $105.01 6.7% $11000 I August $90.09 $83.11 $73.29 $90 00 September $63.36 $44.23 $48.78 $70 00 October $71.22 $66.40 $62.14 $50.00 1 _-1__ .___ ...._L �.._ _. �_ __._ �L. . __ November $97.55 $93.24 $81.82 December $96.03 $91.67 $94.65 1-w-2007 2008 ` 2009-x--2010 Total $113.08 $108.29 $95.32 $112.95 0.2% Key Largo Tract HISTORIC TREND REPORT began May 2008 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes TRAVEL RESEARCH 8/18/2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg l000ra �. " �i l�ar,3tt�ou9ver Oc�cupagcy January 64.3% 61.6% 52.7% 51.4% -2.5°/9 ! ( ( I February 69.0% 68.9% 66.2% 66.4% 0.3°/d o so.ora { k.. # ! March 77.1 % 68.4% 69.2% 76.3% 10.3% 80.0r I April 71.7% 61.7% 71.3% 73.9% 3.6% AL.! May 58.3% 63.1 % 63.4% 68.8% 8.5°/9 70.0ro`. j + June 62.8% 55.8% 68.3% 71.9% 5.3°/9 so 0ara July August 60.6% 53.5% 61.9% 49.5% 72.0% 60.0% 75.1 % 4.3% 50.0a/a ! September 32.0% 24.2% 32.6% ( i j ��; �.a. October 44.1 % 34.8% 44.4% 40.0 io - - E IN November 0 47.6 /0 .. 475 0/e 503 0/0 December 44.2% 45.7% 48.6% 3 0.0% ` Total 57.1% 54.4% 59.0% 69.10% 4.5% i W-2007 Zoos 2009 --*-2010 2007 2008 2009 2010 % Chg $300 00 Marathon Aven a Datly Rate January $187.60 $203.73 $182.39 $180.01 -1.3% $28000 February $228.41 $219.71 $207.38 $200.52 -3.3% $zs000 - •" March $261.89 $264.39 $230.54 $236.45 2.6% April $242.93 $216.39 $222.62 $212.72 -4,4% $24000 € { May $193.93 $219.68 $175.21 $165.24 -5.7% $220.00 - - -� June $190.98 $174.31 $170.12 $165.20 -2.9% $20000�'' July $205.66 $208.33 $177.55 $180.40 1.6% $180.o0 - - -4 Au ust $177.91 $174.51 $155.42 September $136.32 $130.43 $120.51 $140.00" October $171.54 $140.50 $125.68 November $173.47 $153.63 $143.16 $1zo.00 ! December $218.83 $220.16 $218.08 $100.00 �L �_ .- .- Total $199.12 $201.69 $182.84 $192.19 -1.8% --+°-2002 2009 -2009 f-i�-2010 RevPAR 2007 2008 2009 2010 % Chg $25000 _.._ i _ _, attw�x-,Q4vage January $120.72 $125.50 $96.20 $92.46 -3.9% $230.00 February $157.55 $151.30 $137.26 $133.06 -3.1% $21000 i March $201.95 $180.72 $159.55 $180.32 13.0% $190.00 - - - --" April $174.20 $133.52 $158.76 $157.24 -1.0% $170.00 May $113.00 $138.60 $111.03 $113.67 2.4% $15000 --" - June $119.96 $97.30 $116.18 $118.86 2.3% $130 00j July $124.71 $128.92 $127.85 $135.43 5.9% $110.00 r_ August $95.22 $86.41 $93.20 $so.00 September $43.63 $31.52 $39.30 $70.00 _--i October $75.59 $48.89 $55.80 $50.00 November $82.53 $72.95 $72.07 _ a December $96.63 $100.67 $105.90 -IF--2007 2008 - r`-2009-*-2010 Total $117.14 $109.66 $107.80 $132.82 2.7% Waralhon Tract HISTORIC TREND REPORT began March 2009 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes SMITH TRAVEL RESEARCH Coming September 2010 This document contains confidential trade information and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE Wwathm Tract HISTORIC TREND REPORT began March 2009 Prior year performance numbers may be updated with current data due to new participants providing their historic information and/or past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This docurnent contains confidential trade inrorrnation and can only be released to third parties in response to a public records request pursuant to Chapter 119, Florida Statutes . . 0