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4 CLERK OF CIRCUIT COURT & COMPTROLLER
2 ';., MONROE COUNTY,FLORIDA
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DATE: October 23, 2015
TO: Kevin Wilson
Director of Public Works and Engineering
ATTN: Giselle Lopez/Bob Stone
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller f g0kx So72
At the September 16, 2015 Board of County Commissioner's meeting the Board granted approval and
execution of Items:
di
C40 A License Agreement with the Key Largo Merchants Association, Inc. to hold the Key Largo
Stone Crab & Seafood Festival at Rowell's Marina on January 30 to January 31, 2016. The
county will receive five (5)percent of the cumulative gross revenues for the event.
C41 Contract with Advanced Water Technology, Corp. for "Chemical Water Treatment and Testing
Services”.
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
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Finan�c ,
File Y
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
I ° Seppembe r
THIS AGREEMENT is made and entered into this 4- - day of After 405:__ _ .,,
2015, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereinafter COUNTY, and KEY LARGO MERCHANTS ASSOCIATION INC, whose
address is 103900 Overseas Highway Key Largo, FL 33037 hereinafter LICENSEE.
WHEREAS, the COUNTY purchased a parcel of property in upper Key Largo
commonly known as "Rowell's Marina" situated at 104450 Overseas Highway, KeyLargo,
Monroe County, FL 33037 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 Key Largo Merchants Association Inc. has requested the use of the
Rowell's Marina property to hold Key Largo Stone Crab& Seafood 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 30th , 2016 at 8:00AM and terminating on January 31st , 2016 at 10:00PM 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.
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2. Prior to the Event Date, and by no later than January 11, 2016, 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. •
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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 February 10, 2016)with such payment to be accompanied by documentation,
such as Florida Department of Revenue Sales and Use Tax Form DR-15, 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 Sheriff s 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
11:00AM to 10:00PM
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 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. 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):
�cd.
. .r
For COUNTY: For LICENSEE:
Director of Public Works and Engineering
Historic Gato Building Key Largo Merchants Association Inc.
1100 Simonton St. 103900 Overseas Highway
Key West,FL. 33050 Key Largo, FL 33037
And
Monroe County Attorney's Office
1111 12th St., Suite 408
Key West, Fl. 33040
IN WITNESS WHEREOF, each party has caused this agreement to be executed by a duly
authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
A' ST: AMY HEAVILIN, CLERK OF MONROE COUNTY,FLORIDA
.be (6--gi %,
. �� Mayor/Chairman
nN°`' DEpuriooLERK
LICENSEE:
ATTEST: �j� By
By: i i2 Title: p"ceo,
Title: 0. P
M• ,ROE COUNTY A1: :RNEY
"PROVED AS -f -O sM
P.EDRO J. ERCADO
ASSISTANT ' NTYNTY : anis,•
Data,
____\_._._.___._._
Doug Sposito <�
Trector,Project Management
•
REQUEST FOR USE OF COUNTY PROPERTY
IN MONROE COUNTY, FLORIDA
Date: 6/5/2015
Name of Contact and organization: Robert Stoky, Key Largo Merchants Association Inc.
Address &Telephone number: 103900 Overseas Highway, Key Largo, FL. 33037 305.522.1300
Email: ykots@aol.com ���5
Specific County property or meeting room requested: Rowell's Marina C 1
Intended use: Key Larggo Stone Crab & Seafood Festival m
r 25I1016- 2/5/2016 am ' i
Date(s)needed: 1/30/2016 1/31/2016 Time: from all day. 301 '-- 1�? 3 t 6
Official Monroe County Government Use: Yes ❑ No X
Number of participants: 8,000-10,000 over 2 days. 1/24&„
Alcohol consumption/sales? Yes X No ❑ Use of personal BBQ grill: Yes X No ❑
USE OF COUNTY PROPERTY ONLY
Clean up provisions, assurances, and state if any improvements are to be to facility:
Coordination with: Sheriff Dept: Yes X No ❑
Security: Yes X No ❑
Public Works: Yes $ No X
Previous history of holding similar events: Yes X No ❑
USE OF MEETING ROOMS ONLY
Special Audio Visual Equipment needed: Yes ❑ No X
Describe:
Public Address System: Yes ❑ No X
Arrangement of Room:
Fees are listed on pages 7, 8 and 9 of the Policy for Public Facilities,Roads,Bridges, & County Meeting
Rooms and are NON-REFUNDABLE. Checks or Money Orders are to be made payable to Monroe
County Board of County Commissioners.
COUNTY USE ONLY
Scheduled Date:
Insurance/Hold Harmless Requirements:
Approved: Yes❑ No ❑ By: 11
Fees: ( Li C enot Aq eerneni
Remarks:
PW 10/12
HOLD HARMLESS AGREEMENT
This agreement entered into by and between MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, herein "COUNTY", and Key Largo Merchants
Association Inc. whose address is 103900 Overseas Highway, Key Largo, FL 33037
hereinafter"EVENT SPONSOR":
That for and in consideration of the understanding hereinafter set forth the parties do agree and
covenant as follows:
1. That in and for the consideration of permission to use certain public roads or other
public property, more particularly described as follows: Rowell's Marina for the purpose of
conducting The Key Largo Stone Crab & Seafood Festival event, more particularly
described as follows: a festival featuring vendors, cooking demos, fishing demos, and
entertainment.
on the 30-31 day of January 2016, from 11 am until 10 pm, the EVENT SPONSOR does
hereby agree to indemnify the COUNTY in to for any and all claims or liabilities that may
arise out of the above described event.
2. That, in addition to indemnification described in Paragraph One, the EVENT
SPONSOR does hereby agree to hold the COUNTY harmless in all respects concerning the
event described in Paragraph One and will defend any and all causes of action or claims and
will, further, pay the cost of any attorney's fees incurred by the COUNTY arising out of the
event described in Paragraph One.
Key Largo Me chants Association, Inc.
Org .zation
By: (�
Of the above and d y aut orized to
execute this agreement.
State of Florida
County of Monroe
SUBSCRIBED AND SWORN to (or affirmed before me) on 5 day of June,2015
B s ert Stoky(Event Contact Person),he is personally known to me.
Notary Public
PAUL HUNTER WHITE
••? MY COMMISSION 0 EE209340
.':6-:r EXPIRES September 21,2016
(407;348-023
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• • Mession:
Rick Scott
To protect,promote&improve the health 1 `r Governor
of all people in Florida through integrated . Ro`'"d
John H.Armstrong, MD, FAGS
state,county&community efforts. HEALTH State Surgeon General&Secretary
Vision:To be the HealthiestState in the Nation
July 15, 2015
Monroe County Planning & Environmental Resources Department
2798 Overseas Highway
Marathon, FL 33050
Re: Key Largo Stone Crab and Seafood Festival
Rowells' Marina
104550 Overseas Highway
Key Largo, Florida 33037
To Whom It May Concern,
This serves as approval to hold a public assembly at the above referenced property under the following
conditions:
Estimated number of people in attendance: 4000 per day from 11:00am —9:00pm
Required number of portable restrooms: 30 (must include 4 handicapped accessible units)
Required number of portable hand washing facility: 3
The portable restrooms and hand washing facility shall be placed in the parking area for the duration of
the event. These restrooms shall be serviced daily, or as necessary, so as not to create an unsanitary
condition.
The event will be held on January 30-31, 2016 from 11:00am to 9:00pm. This approval is limited to •
these date and conditions only. Failure to comply with these requirements may result in the
department pursuing legal redress. Any further assembly will require the re-approval of the Monroe
County Health department.
Thank you for your cooperation with the environmental health program here in Monroe County.
•
Regards, c
\7
Floyd W Iliams DVM, MPH
Enviro mental Supervisor I
www.F lorida H ealth.gov
Florida Department of Health TWITTER:HeaIthyFLA
Division of XXXXXXXXXX•Bureau of XXXXXXXXX FACEBOOK:FLDepartmentofHealth
4052 Bald Cypress Way,Bin X-XX•Tallahassee,FL 32399-XXXX YOUTUBE:fldoh
PHONE:XXXIXXX-XXXX^FAX XXX/XXX- XX FLICKR:HealthyFla
--- _ — — —- --- - --- -PINTEREST:HealthyFla
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• --� ==h 12`,`', N MONROE COUNTY SHERIFF'S OFFICE
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\a • ' RICHA.RD A. RAMSAY, SHERIFF
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July 8,2015
Monroe County Planning&Environmental Resources
Marathon Government Center
2798 Overseas HWY. Suite 400
Marathon, Fl. 33050
To Whom It May Concern:
It is my understanding that The Key Largo Merchant Association will be hosting the Key Largo
Stone Crab&Seafood Festival at Rowels located at 104550 Overseas Hwy. Key Largo, Fl.,is
seeking to obtain a Public Assembly Permit through your office.
This event which will require the Public Assembly Permit will take place January 30-31,2016.
Part of the permitting process requires that there is coordination with law enforcement. My
review reveals no public safety concerns for this event to be permitted. Additionally,The Key
Largo Merchant Association has coordinated off duty employment of deputy sheriff's to ensure
any public safety needs are met.
Please feel free to contact me directly with any questions or concerns you may have.
Sincerely
Lt. Alberto Ramirez
Station Commander/District 7
Monroe County Sheriffs Office
50 High Point Road, Suite 100
Tavernier,Fl. 33070
305 853 3211
ARAMIREZ@KEYSSO.NET
_ 5525 CO:,l,iiUE ROAP KEY WEST, ft 33040 (305)292-7001 WWW.K1NS SO,NET
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�1 o KEY LARGO VOLUNTEER AMBULANCE CORPS, INC.
98600 Overseas Highway Key Largo,Florida 33037 Phone:305-451-2766 Fax:305-451-1562
4MBU%-
July 22, 2015
•
To Whom It May Concern:
Key Largo Volunteer Ambulance Corps, Inc. and Key Largo Volunteer Fire Department are
aware the Key Largo Merchants Association will be holding the following event:
NAME: 2016 Key Largo Seafood Festival
DATE: Saturday, January 30, 2016, 11 am till 8:30 pm
Sunday, January 31, 2016, 11 am till 5:30 pm
PLACE: Rowell's Marina, 104550 Overseas Highway, Key Largo, FL 33037
KLVAC and KLVFD will be available to respond to this event via a 911 request.
C� �
onald Bock, Chief
KLVAC/KLVFD
"Excellence Through Community Service" www.klvac.org