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1st Amendment 04/18/2012 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April24, 2012 TO: Lynda Stuart, Office Manager Tourist Development Council ATTN: Maxine Pacini Administrative Assistant FROM: Pamela G. Hanc At the April 18, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item D1 Interlocal Agreement with the City of Key West covering the Rest Beach Renourishment project in an amount not to exceed$245,000, DAC I, FY 2012 Capital Resources. Item D2 Agreement with Florida Keys Community College and the Letters "FKCC" covering the Tennessee Williams Backstage repair and repurposing project in an amount not to exceed $100,000, DAC I, FY 2012 Capital Resources. Item D3 Agreement with Key West Players, Inc., covering the Electrical Upgrade project at the Waterfront Playhouse in an amount not to exceed $45,000, DAC I, FY 2012 Capital Resources. Item D4 Agreement with Upper Keys Community Pool, Inc. covering the Competition Enhancements project in an amount not to exceed $50,500, DAC V, FY 2012 Capital Resources. Item D5 Agreement with The Key West Harry S. Truman Foundation, Inc. covering the Roof Repairs and Historic Floor Covering project in an amount not to exceed $42,878, DAC I, FY 2012 Capital Resources. Item D6 Agreement with Key West Botanical Garden Society, Inc. covering the Key West Botanical Security and Accessibility Enhancements project in an amount not to exceed $22,700, DAC I, FY 2012 Capital Resources. Item D7 Amendment to Agreement with Hawk's Cay Resort to revise name of organization to BH/NV Hawk's Cay Property Holdings, LLC, dba Hawk's Cay Resort; name of event from Conchtoberfest to Christmas in the Keys Celebration, and date of event to November 3 — December 2, 2012. Item D8 Amendment to Agreement with Florida Keys Land and Sea Trust, Inc. to extend termination date to December 31, 2012 and revise Exhibit A. Attached are electronic copies of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact me. cc: County Attorney w/o documents Finance File AMENDMENT (18t AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the clay of 2012, Is entered Into by and between In Board of County Commissioners for Monroe County, on behal of the Tourist Development Council, and the Florida [Keys Land & Sea Trust, Inc. a not for profit organization organraed and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an agreement entered Into on May 18. 2011 between the parties, awarding $85,000 to the Florida Keys Land and Sea Trust, Inc. for the Crane Point Eco-Adventure Canopy Tour (Zip Lines) project; and WHEREAS, it has become necessary to request an extension loo the termination date of the agreement, and a revision to Exhibit A; and NOW. THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. Termination date and all references tD submission of invoices shall be extended to December 31, 2012. Exhibit A of the agreement shall be revised and attached hereto. - " .:.':f`fiWMnain ft provisions of the agreement dated May 18, 2011 shall remain in full force and effeea r , IN WO*ESS WHEREOF, the parties have set their hands and seal on the day and year first above (SEAL.) Board of County CommiWwArs Kdhage, lerk of Monroe Co y Deputy Cleric MayoNC -_" - (CORPORATE SEAL) Florida Keys Land and Sea This% Inc. Attest N -TI o n x+ By, By -J J l �' ' -:3 - O r- o Print Name i;iht Name Date: Date: 1 (3 a 20 lZ OR TWO WITNESSES (1 ( (1 (2) Sa Print Name nt Name ROE COUNTY ATTORNEY Date; Date: t ?,i tZ APP V M: I CYNTHIA L. MLL AM9ndmwt #1 ASERSTAf4T COUNt 7� RNEY Florida Keys Land & Sea - S$5,OW Dat ]�t s M#861 MONK E COUNTY ATTORNEY AP Oyp AS T F u� NTHIA L. AL ASSISTANT COUNTY ATTORQ Y Date J REVISED EXHIBIT A, NAME OF ENTITY: Florida Keys Land & Sea Trust, Inc. NAME OF PROJECT: Crane Point Eco- Adventure Canopy Tour (zip line) Project NUMBER OF SEGMENTS TO PROJECT: 1 Note County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the `Application for Payment' form included within the Payment /Reimbursement Kit. Segment #: 1 Description: • Architect and Design fees • Materials and labor required to construct towers, platforms, skybridge and string of nylon coated cables between above mentioned • Materials and labor for construction of equipment supply shed (In order for this segment to be reimbursed, acknowledgement of TDC funding must be in place and proof in the form of pictures provided with submission for reimbursement of this segment. This acknowledgement shall not be covered as part of the TDC Total Cost: $170,000 reimbursement - see contract paragraph 2) TDC Portion: $85,000 Page 1 of 1 Ac o ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) klam■- 4/5/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 'DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER CONTACT Lourdes Montagne NAME: g Keys Insurance Services, Inc. ((A Eat): (305) 743 -0494 FAX No): (305) 743 -0582 5800 Overseas Hwy #43 ADDRESS : lmontagne @keysinsurance.com P.O. Box 500280 PRODUCER 00001121 CUSTOMER ID #. Marathon FL 33050 -0280 INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A Burlington Ins. Co INSURER B: Florida Keys Land and Sea Trust, Inc. INSURERC: PO Box 500536 INSURERD: INSURER E : Marathon FL 33050 -0536 INSURERF: COVERAGES CERTIFICATE NUMBER:CL124503435 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR (MMIDD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE ( aEc urr 100 000 PREMISES (Ea occurrence) $ r A CLAIMS -MADE X OCCUR X 535B020594 4/5/2012 4/5/2013 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG$ Included X POLICY JECT PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO • - ,,. a BODILY INJURY (Per person) $ ALL OWNED AUTOS ' BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ \ HIRED AUTOS , \ (Per accident) C'.\6\() „ SOV- 1 -$ ) ' .. , - - ' NON -OWNED AUTOS j %%% 111 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS' LIABILITY Y 1 N TORY LIMITS ER ANY PROPRIETOR /PARTNER /EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N / A (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ If yyes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION slavik- mania @monroecounty - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County TDC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street #268 Key West, FL 33040 AUTHORIZED REPRESENTATIVE Lourdes Montagne /LM ACORD 25 (2009/09) ©1988 -2009 ACORD CORPORATION. All rights reserved. INS025 (200909) The ACORD name and logo are registered marks of ACORD �.....N FLORKEY -06 FEMO A CORL) CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) • `.------ 3/28/2012 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Automatic Data Processing Insurance Agency, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAT • 1 ADP Boulevard HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Roseland, NJ 07068 • INSURERS AFFORDING COVERAGE NAIC # INSURED Florida Keys Land & Sea Trust, Inc. INSURER A: Liberty Mutual Insurance Co. 5550 Overseas HWY INSURER B: Marathon, FL 33050- INSURER c • INSURER D: . • I INSURER E: COVERAGES 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 ADD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE DATE IMM /DDIYYYYI DATE IMM/DD/YYYYI GENERAL LIABILITY EACH OCCURRENCE $ _ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurence) $ CLAIMS MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY + AUTO ONLY - EA ACCIDENT $ ANY AUTO 0 OTHER THAN EA ACC $ .. . ` +7 ( AUTO ONLY: AGG $ EXCESS / UMBRELLA LIABILITY v • EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ t $ • DEDUCTIBLE $ RETENTION $ $ .. WORKERS COMPENSATION X( WC STATU- ER AND EMPLOYERS' LIABILITY TORY LIMITS ER YIN A ANY PROPRIETOR /PARTNER/EXECUTIVE WCC -Z91- 453724 -012 1/22/2012 1/22/2013 E.L. EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 . It yes, describe und 500,000 S PECIAL PROVISS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS TDC Capital Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Monroe County Board of County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Commissioners and Monroe County Tourist IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Development Council REPRESENTATIVES. P.O. Box 1026 AUTHORIZED REPRESENTATIVE Key West, FL 33041- -- - - -- - -- - I ACORD 25 (2009/01) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • i 6 1796 Editint MONROE COUNTY,FLORIDA Request For Waiver of Insurance Requirements it is requested that the insurance requirements,as specified in the County's Schedule of Insurance Requirements,be waived or modified on the following contract. Contractor Florida Keys Land and Sea Trust Inc. Contract for Eco Adventure Canopy Tour_ Address of Contractor:_5550()verses Highway Marathon Fl. Phone: _305-743-3900 Scope of Work: _design and construction of a rip line course at Crane Point Reason for Waiver:_Crane Point owns no automobiles.The golf carts that we use are covered on our General Liability Policy • Policies Waiver will apply to: _Auto Insurance Signature of Contractor: i Approv _ Not Ap ed Risk Management: _ Date: County Administrator Appeal: Approved Not Approved Date: