1. 12/10/2014 Agreement - AMY HEAVILIH CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
Am NONROE COUNTY,FLORIDA
A ia, as
K,,..DATE: January 6, 2015
TO: Dent Pierce, Director
Public Works Division
ATTN: Alice Steryou
FROM: Lindsey Ballard, D.
yCd-
At the December 10, 2014, Board of County Commissioner's meeting the Board granted
approval and execution of Items C 17 a License Agreement with the Rotary Club of Key Largo to hold
the Brew on the Bay Craft Beer Festival at Rowell's Marina on January 10, 2015. The county will
receive five (5) percent of the cumulative gross revenues for the event.
Enclosed is a duplicate original of the above mentioned executed on behalf of Monroe County for your
handling. Should you have any questions,please feel free to contact me.
cc: County Attorney (electronic)
Finance(electronic)
File(electronic)
__ k1Q,I t 1 1a1ls
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
•
LICENSE AGREEMENT
ROWELL'S MARINA
THIS AGREEMENT is made and entered into this /°E, day of Dcum 6«
2014 by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida,hereinafter COUNTY, and Rotary Club of Key Largo, hereinafter LICENSEE.
WHEREAS, the COUNTY purchased a parcel of property in upper Key Largo
commonly known as "Rowell's Marina"; and
WHEREAS, the COUNTY purchased the Rowell's Marina property for creation of a
park and green space; and
WHEREAS, the Rowell's Marina property is also a suitable venue for holding
community events and festivals; and
WHEREAS, the Rotary Club of Key Largo has requested the use of the Rowell's Marina
property to hold Brew on the Bay Craft Beer Festival; and
WHEREAS, the COUNTY finds that the use of the Rowell's Marina property to hold this
event is a legitimate public use of the property;
NOW THEREFORE, in consideration of the covenants hereinafter to be kept and
performed, the COUNTY and the LICENSEE agree as follows:
1. LICENSEE is licensed to use Rowell's Marina on the following dates: Beginning on
_January 8, 2015 at 8:00 a.m. and terminating on January 11, 2015 at 7:00 p.m. Licensee may
not stage any equipment used in support of the event prior to the start time and must have all
equipment used in support of the event removed by the ending time.
2. Prior to the Event Date, and by no later than January 5, 2015, LICENSEE shall pay to
COUNTY a $2,000 deposit (the "Deposit") to secure LICENSEE's obligations hereunder.
COUNTY shall be entitled to use the Deposit to satisfy any unsatisfied obligations of
LICENSEE under this agreement, with any unused excess of the Deposit to be applied towards
the (gross revenues) license fee as set forth in article 3 of this Agreement. Any remaining funds
shall be returned to LICENSEE within thirty (30) days after LICENSEE satisfies all of its
obligations and duties hereunder.
3. LICENSEE shall pay to COUNTY a license fee for its use of the Property for the Event
equal to five percent (5%) of the cumulative gross revenues of LICENSEE and any of its
affiliates, and/or vendors and/or participants arising out of or related to the Event (collectively,
the "License Fee"). The License Fee shall be paid to COUNTY within ten (10) days after the
Event Date (i.e., by Janaury 20, 2015) with such payment to be accompanied by documentation
satisfactory to the COUNTY in its reasonable discretion which evidences and substantiates
LICENSEE's and its affiliates, vendors and participants gross revenues arising out of or related
to the Event and evidencing and substantiating the License Fee paid to Owner.
4. LICENSEE shall arrange for, in its own name, and shall pay for all expenses of the Event
and of the Property in connection with the Event, including without being limited to, utilities,
water, electric, garbage collection and removal, security, traffic direction and traffic
management, restoration of the Property to the condition it was in prior to the Event, the costs of
all governmental permits, licenses (including liquor) and approvals required for the Event, and
insurance premiums, and LICENSEE shall provide proof thereof to Owner thirty (30) days prior
to the first Event Date.
5. In furtherance of the foregoing, LICENSEE shall obtain and provide to Owner prior to
the first Event Date copies of all governmental permits, approvals and licenses (including liquor
licenses)required for the Event.
6. As part of staging the Event, LICENSEE shall retain at its expense off-duty personnel
from the Monroe County Sheriffs Department or other private security services for security and
traffic direction and management, as well as arranging for at its expense for such additional
security as necessary and appropriate in the context of the magnitude of the Event.
7. The liquor license(s) to be obtained by LICENSEE for the Event, a copy of which shall
be provided to the COUNTY prior to the Event, shall allow for only the sale and consumption on
the Property during the Event Date of beer and wine, and same shall not provide for the sale of
hard liquor or spirits during the Event Date or in connection with the Event and the sale thereof
is prohibited.
8. In furtherance of the foregoing, LICENSEE agrees that all beer and wine sales shall cease
at least one (1) hour prior to closing of the Event on each Event Date.
9. LICENSEE agrees that the duration of the Event on each of the Event Dates shall be from
8:00am to 7:00pm.
10. LICENSEE agrees that there shall be no access to the water abutting the Property by any
person attending or involved with the Event for any purpose whatsoever, including but not
limited to swimming, boating or use of the Property abutting water for boat ramp or docking
purposes, and under no circumstances shall any boats whatsoever be allowed within the waters
abutting the Property, and LICENSEE agrees that LICENSEE shall strictly enforce the foregoing
restrictions and prohibitions.
11. LICENSEE agrees to comply with all applicable laws, ordinances and regulations of
Federal, State, County, Municipal, or any other authority pertaining to the use and occupancy of
the Property and shall immediately notify the COUNTY of any code or ordinance or law
violations involving the Property.
12. 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. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and LICENSEE agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
13. The COUNTY and LICENSEE 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.
14. The COUNTY and LICENSEE 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 attomey's
fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
15. 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.
16. Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, LICENSEE shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against (i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of LICENSEE or any of its employees, agents, contractors or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of LICENSEE or any of its
employees, agents, sub-contractors or other invitees, or (C) LICENSEE's default in respect of
any of the obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents,
contractors or invitees (other than LICENSEE). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term of this Agreement, this section will survive the expiration of the term of this Agreement or
any earlier termination of this Agreement.
17. 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.
18. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the LICENSEE in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
19. This Agreement contains a complete expression of the agreement between the parties and
there are no promises, representations or inducements except such as are herein provided.
20. Any notices required or permitted hereunder shall be in writing and delivered either in
person to the other party or the other party's authorized agent, or by recognized express delivery
service (e.g., Federal Express), or by United States Certified Mail, Return Receipt Requested,
postage fully prepaid, to the address set forth hereinafter, or to such other address as either party
may designate in writing and delivered as herein provided, or by confirmed as received email or
facsimile to the below email address(es)and facsimile number(s):
For COUNTY: For LICENSEE:
Director of Public Works and Engineering
Historic Gato Building William A. Andersen
1100 Simonton St. 99330 Overseas Highway
Key West, FL. 33050 Key Largo, FL 33037
And
Monroe County Attorney's Office
1111 12`h St., Suite 408
Key West, Fl. 33040
IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly
'' a[ithorizedrepresentative.
(RI AL) BOARD OF COUNTY COMMISSIONERS
ATTEST Y HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
LICENSEE:
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