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Item D15BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: MAY 21 , 2014 Division: TDC Bulk Item: Yes X No Department: Staff Contact Person/Phone #: Maxine Pacini 296-1552 AGENDA ITEM WORDING: Approval of an Amendment to Agreement with Smith Travel Research, Inc. to provide for additional Public Records language as required by Florida Statute 119.0701. ITEM BACKGROUND: In 2013, the Florida legislature passed Florida Statute 119.0701, which requires the County to include certain public records provisions in contracts for services. This Agreement is being amended in accordance with the new law. PREVIOUS RELEVANT BOCC ACTION: BOCC approved original agreement at their meeting of January 1, 2011 BOCC approved amendment to agreement at their meeting of February 19, 2014 CONTRACT/AGREEMENT CHANGES: Add public records language pursuant to F.S. 119.0701 STAFF RECOMMENDATIONS: Approval TOTAL COST: $18,872 (no cost to this amendment) BUDGETED: Yes X No COST TO COUNTY: NO COST SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes X No APPROVED BY: County Atty X DOCUMENTATION: Included X DISPOSITION: Revised 11/06 AMOUNT PER MONTH Year OMB/Purchasing X Risk Management Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Smith Travel Research, Inc. Contract # 845 Effective Date: 1/1/14 Expiration Date: 12/31/15 Contract Purpose/Description: Approval of an Amendment to Agreement with Smith Travel Research Inc. to provide for additional Public Records language as required by Florida Statute 119.0701. Contract Manager: Maxine Pacini 3523 TDC # 3 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 5/21/14 Agenda Deadline 5/6/14 CONTRACT COSTS Total Dollar Value of Contract: $ 18,872 Current Year Portion: $ Budgeted? Yes® No ❑ Grant: $ County Match: $ annually Account Codes : 116-76065-530340-TG-46250-X-530340 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, CONTRACT REVIEW etc. Changes Date Out ten Needed Revdewer Division Director Yes❑ No� &�� Risk Management Yes❑ NoE O.M.B./Purchasing Yes❑ No[�( CWfAAIO� ! County Attorney 3�K Yes❑ NoE""*' C. Limbert 3 y� Comments: OM13 Form Revised 2/27/01 MCP #2 AMENDMENT (2nd AMENDMENT) TO AGREEMENT THIS AMENDMENT to agreement dated the day of 2014, is entered into by and between the Board of County Commissioners for Monroe County ("BOCC" or "County"), on behalf of the Tourist Development Council, and SMITH TRAVEL RESEARCH, INC. ("STR") WHEREAS, there was an agreement entered into on January 1, 2011 between the parties for destination reports for a 36 month period; and WHEREAS, the agreement was amended on February 19, 2014 to correct a scrivener's error in which the initial 36-month period had an incorrect expiration date that was corrected to December 31, 2015; and WHEREAS, the County Attorney has requested that paragraph 15 of the agreement be amended to include additional Florida Public Records language; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to amend the agreement as follows: 1. Paragraph 15 shall read: 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. Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. If an auditor employed by the County or Clerk determines that monies paid to STR pursuant to this Agreement were spent for purposed 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 Smith Travel Research ID#: 845 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. 2. The remaining provisions of the agreement dated January 1, 2011 and amended February 19, 2014 remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) Attest: Amy Heavilin, Clerk Deputy Clerk (CORPORATE SEAL) Attest: By. Secretary Print Name Print Name Smith Travel Research MAW Board of County Commissioners of Monroe County Mayor/Chairman SMITH TRAVEL RESEARCH, INC. Print ame Dots: q AND TWO WITNESSES (2�-- ��"v (2) Print Name Date• 3 �/ 2 MONROE COUNTY ATTORNEY _APPROVED AS TO FORM: CHRISTINE M. LIMSERT BARROWS ASSISTANT COUNTY ATTORNEY Date ,3Ta� t AMENDMENT (1st AMENDMENT) TO AGREEMENT and RENEWAL THIS AMENDMENT to agreement dated the �1- day of 2014, is entered into by and between the Board of County Commissioners for Moffoe County ("BOCC" or "County"), on behalf of the Tourist Development Council, and SMITH TRAVEL RESEARCH, INC. ("STR") WHEREAS, there was an agreement entered into on January 1, 2011 between the parties for destination reports for a 36 month period; and WHEREAS, the contract had a scriveners error in which the initial 36-month period had an incorrect expiration date of December 31, 2014; and WHEREAS, the Tourist Development County ("TDC" or "Client) and the County would like to exercise its option to renew the agreement for an additional 24-month pew; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to amend and renew the agreement as follows: 1. Section 1. Duration shall be corrected to read as follows: "Client shall subscribe to the various report listed above (hereinafter referred to collectively as "Destination Reportal participate in the local market report program for a period of thirty-six (38) month, commencing January 1, 2011 (December date), and ending on December 31, 2013 (November data). No later than sixty (60) days prior to the expiration of this initial tern, STR will provide the BOCC with renewal rate. 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. 2. The BOCC hereby extends this agreement for (1) additional 24-month period commencing January 1, 2014, and ending on December 31, 2015. The new agreed pricing for the additional 24-month period shall be for a total annual sum of $18,872 payable in eleven (11) monthly payments of $1,572.67 and one (1) monthly payment of $1,572.63. This amendment shall be effective retroactively to January 1. 2014. 3. The remaining provisions of the agreement dated January 1, 2011 shall remain in full force and effect. Remainder of page intentionally left blank ................ Smitb Travel Raemb roll: $45 IS WHEREOF, the parries have set their hands and seal an the day and year written. Heavilin, Clerk `r Depuly Clerk (CORPORATE SEAL) Attest: By. Seeretary Print Name Daft OR TWO WITNESSES c�) Print Nerve Dow So ti Travd Lmmei wh m Board of County Commwonere of Monroe County ii Mayo an SMITH TRAVEL RESEARCHm INC. BVIOA.aJO. Pne Print Nerve Date: - D - 569 % (2) Print Name Deis: MONROE COUNTY ATTORNEY APPRTot : D AS TO AeeleT CO ATTORNEY p� i jai l- 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 Isiamorada (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. REPORT& 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 FOR 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 obllgations; 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 attorneys fees, incurred in the collection of amounts due under the terms of this Agreement. 7. OWNERSHIP OF THE DATA. AN 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 SOCC 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, at. 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 Clienrs 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 Client's 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 Client's custody shall be retained by Client. S. 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 STIR to Client are confidential and proprietary information, and the Client shall not disclose the Destination Reports or STIR 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. (1) 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, (ill) delivering a copy of the signed confidentiality agreement to STR. 9. DISCLAIMER. Client acknowledges the Destinations 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. STIR TAKES NO RESPONSIBILITY FOR THE ACCURACY AND VALIDITY OF THE RAW DATA PROVIDED TO STIR 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 ANDIOR 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. LIMRATION 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 attorneys 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 attorneys fees) which arise out of, in connection with, or by reason of BOWS 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 good 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 an 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 govemment 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 employW 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. 65.03, 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 tern 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. SEVERABUTY. 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 attorneys 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 activitles 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 so. 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 confidentially of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. at 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, famliial 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 pod 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 parties to this agreement sign below, intending to create a legally binding agreement L. Kolhage, Clerk Clerk WITNESS: WITNESS: O LJ _ .. cr_ CL- . rr_ o rn • LA - _ CD C) LLJ Smith Travel Research Agreement 2010 Board of County Commissioners of Monroe County Mayor airman Smith Travel Research, Inc. By 1`-(J�� �l_�_� 4-u� Director, CVB/DMO Operations MONROE COUNTY ATTORNEY AP OVF AS TO ORM: NTMIA UT-AlC- ASSISTfpoCOUNJY T0TORNEY ' gate 0- S � Tab 2 - Multi -Segment currency: USD - US Dollar Monroe County TDC For the month of February 2010 Exhibit A February.. wopau.e Roane orA x ADR Ree►AR twant CIr11pe han Fesrllery as a: Oee ADM R*vPAR .. ... taareeltt Cheap hero YTD as 2010 20a 2010 2m 2010 am Orc AOR P.OAR dear. Rua Roue AYel Roo.a sole 2016 20a 2014 20a - 20" 2000 0¢ AM P-PAR Rasa. Rua Row Avail Rma. sow caasus I..yY Census savvy , Florida Keys 80.3 _..... 00.2 206.20 202.06 _.. 167.13 162.09 __....... 0.1 3.0 _.._.. 3.1 4.3 ......... 1.2 __. 1.3 _. 74.0 ._ 74.1 198.4t 193.48 /46.62 143.31 _.. _ _..._. -0.1 _.... 2. 5 _ .. 2.4 _ 3.7 1.2 _. 1.1 160 53- 8613 5137 Upper Flonda Keys 70.5 71.9 180.58 163.29. 127.50 131.78. -1.9 -1.3 -3.2 -1.2 2.0 0.1 63.3 65.4 176.06 173.58 111.39 113.55 -3.3 1.4 -1.9 0.1 2.0 -1.4 73 18 3970 1776 ` Key West 88.6 87.2. 226.80 215.09 200.95 187.62 1.6 5.4 7.1 7.6 0.5 2.1 93.2 81.4 212.93 206.96 17Z12 168.38 2.2 2.9 5.2 5.7 0.5 2.8 87 35 4643 3361 Floods Keys Luxury 75.7 74.0: 303.T7 319.24 229.92 236.40 2.2 4.0 -2.7 8.6 11.7 14.2 68.4 67.3 295.76 311.11 202.39 209.48 1.6 4.9 -3.4 7.9 11.7 13.5 20 13 2026 1569 Florida Keys Upsrsle 81.6 70.4 241.24 225.68- 196.76 176.92 4.0 6.9 11.2 12.6 1.5 5.6 74.0 72.31 229.68 215.83, 171.82 156.09 3.5 6.4 10.1 11.7 15 5.0 28 13 1687 1184 Florida Keys MKWm 78.1 80.0174.63 171.39, 136.34 137.13 -2.4 1.9 -0.6 4.4 -3.8 6.1 72.6 73.5 165.74 163.21' 120.41 120.02 -1.2 1.5 0.3 -3.5 -3.8 -5.0 54 25I 3391 2218 Florida Keys Economy - FloriW Keys.BudQst..._ 24 1 637 133- -- - 34 1 972 33'. Upper Florida Keys Lower Tier Upper Florida Keys M1ddk Tier 60.1 57.7 124.24 122.48 74 63 70.67 4.1 1.4 5.6 .10.6 -15.4 .11.9 51.5 49.7 119.28 117.64 61.47 50.48 3.7 1.4 5.1 -11.1 -15.4 -12.3 24 21 1 4 674 737 13. Upper Florida Keys Upper Tier 67.1 70.5 210.02 220.62 140.84 155.56 4.9 4.8 -9.5 -1.3 9.0 3.7 59.9 63.9 206.93 208.16' 123.95 132.93 6.2 -0.6 6.0 1.7 9.0 2.3 28 13i 2559 1 Key West Lower Tier -Key West Middle Tier 86.6 89.51 180.62 177.16. 156.48 158.61 -3.2 1.9 -1.3 -1.3 0.0 -32 82.9 - 83.1 168.90 169.51 140.09 140A7 -0.2 -0.4 -0.6 -0.6 0.0 -0.2 28 28 2-. 13 851 1496 170- 1124: Key West Upper Tor _ 87.4 62.8 290.95 276.72 254.35 229.05 5.6 5.1 11.0 12.2 1.0 6.7 810 76.5' 275.38 268.65222 98 205.52 5.8 2.5 8.4 9.5 1.0 6.9 31 20 2296 2067; A blank row indicates insufficient data. Source 2010 SMITH TRAVEL RESEARCH, Inc. Tab 3 - Trend Key Largo, FL Currency: USO - US Dollar M- Coo" TDC Exhibit B _ Fa eta M.Mh d Frvvwy 2010 20 10 0 -10 -20 -30 -40 Monthly Percent Change Sep Oct 14oY Doc Jan Fab Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb � Occupancy -0-AOR-RevPAR Overall Percent Change 2.0 0.0 -20 -4.0 -6.0 -8.0 -10.0 -12.0 Year To Date Running 12 Months ■ Occupancy ■ ADR ■ RevPAR • .. .. _..... 19W ... .. 2010 .. Yaw To bah RNNp 12 Morha ..._. SAP Oct Nov Dec Jan Fab Me, Ap may Jun JW Aug Oct Nov Dec Joe Fab 20011 am 2010 20M 2m 2010 This Yew 362 50.3 56.9 53.8 61.0 76.5 755 7l3 .. 67.3 57 3 74.7 WA _ _SAP 41.4 49.3 5Z0 63.6 57.9 73.3 73.0 59.9 65-2 64-8 54.s Lou Yaw- N2 511 612 53.5 652 81.6 811 75.0 71S 72.4 75.9 01.3 362 503 56.9 53.0 fica 75.5 W4 73.0 09.9 62.2 55.5 Percent Change. -26A -2-6 -3.7 0.5 -Is -53 17 -2.2 &0 -T6 .1.7 -14 14.5 -2.0 -11.7 14 4.1 64.8 64-4 -8.4 9.9 41 6.7 16.7 0.0 .4.0 3as/ ama010 Yaw To Ore Rwaisng 12 44ore4s ap Oct Nov Dec JoeFab Mr AW May Jun JW AM Sap Oct Nov Dec J*n Fab 2= am 2010 2008 .1 207 This YNr: 115AS 127.23 155.55 177.94 163.29 170.21 177.86 169,17 14702 127A6 13ZO9 119.37 114,01 123.56 14920 171,17 169.32 174.62 191.90 171.04 17215 171.66 161.02 149.65 Last Yew 128.93 137.87 150.43 179.56 171.59 209,85 227.75 141.30 157,05 130.10 141.20 MA2 115.05 127.23 155.55 177.94 18320 17021 103,02 191.90 171.04 16C39 Percent Change; -10.1 -77 -2.4 -0.9 4.8 -15.1 -21.9 6.7 .67 -4.4 &S 411 -1.6 -2.0 J.0 17 171M 161.92 .38 -20 - -0.6 -10.9 08 4.4 .5.7 -71 2910 _.... Yaw To Ore ._... Rwsing 12 Mwsb .... ...... a" Oct Nw Dec Jan .. Feb U. Apr _ May .. Jon JW Oct Nov Dec Jso Feb 20011 Jose 2010 am 2010 This Veu Yew 41.91 64.00 91-67 95.86 t01.N 136.29 134.47 125A7 Was 85.72 .. 99-61 ..Auq 71.77 _SoP 47.23 60.91 77.67 9160 96.12 128.01 140,02 11a.57 17Z30 111.22 104.91 93.04 Last Yew 63.36 7122 97.55 96,03 111.80 171.27 184.53 137.73 112.74 101.27 107.20 93.01 41.91 64.00 91.67 95.05 104.N 136.29 - 125.12 140.02 119,57 9125 11122 104.91 Percent Change. -316 40.1 .4.0 .0.4 66 .20.4 .271 as A2-3 -15.4 6.0 -115 117 4.9 -15.3 1.2 6.1 .61 9.3 -14A -GA 219 -5.7 -11.3 ® 210 am 2010 Yaw To Or R1lnwll12 M.W.8p Oct Nov Dec - Jan Ftl M. Apr May J•a JW Aug eM Oct Nev a -Jan Ftl 700e 200a 3010 2 am00e 2010 This Yaw 39,720 41044 39 720 41,044 41.044 37 072 41.044 39 720 41 044 39,720 41 044 41044 39,720 ♦1 ant 39. rA 41.044 41 a" 37 072 78 116 76.116 78.116 N3.260 LOU Yew.. 39.720 41.044 39.720 41.044 41044 37072 41,044 30.720 41.044 39.72D At 3" 41.044 36,720 4104439.720 41044 41044 37.072 85AW 78.116 N3 260 N3 260 Percent Change; 0.0 (10 0.0 0.0 0.0 02 0.0 0.0 0.0 0.0 0.0 78.116 529.655 483.260 463,260 _ 00 0.0 0.0 0.0 0.0 0.0 00 18 0.0 0.0 -8.6 0.0 0.0 6 1 . a0W 2900 ..Bap _... 2010 Yaw To Dab Rw1Mnp 12 MoMha - S. Oct Nov Deo ... JN Feb Mw Apr �y ... Jas.. JM M,y Oct Nov Dec Jan Feb 700! 20K... 2010 'We 200i 3010 This Yew 11.370 20 B4fi 2] 409 32,065 26 260 28.350 31.031 29.507 27 604 25.712 _ 30.643 . 24 579 16.4% 20 226 20 No 21 "3 ... 23 754 27 1T7 58 999 54,610 50 061 313 116 311119 300 457 Last Yaw 19.535 21,203 24.303 21.951 26.743 302% 33.256 30.175 20,351 2e,918 31,182 25.157 14.370 20.5415 23.409 22.055 25260 28350 $6.822 Was) 54e10 294.005 313,116 3131to Percent Chang* •29.1 _ , -2.6. -3.7 0.5 -1.8 4.3 6.7 -2.2 6.0 -?A -I.? -fa 14.5 -2.0 -11.7 -nA A 4 4.1 0.3 -4.2 61 fi.5 0.0 4.0 ... am am able Yaw To Dwe Rawwtp 12 Maeha Bap Oct Nov Dec Jan Feb haw Ay May A. JW Aug Sep Oct Nov Dec Jan Feb 2004 abbe 2010 am 2009 2010 This Yew 1.664.701 2,626,721 3.641.250 3.On 2D6 4,208.115 5.052.371 5 512 193 4,991,611 4 058.3119 3.404.600 4.047 505 2.045 935 1 878.171 2,499, 787 3 1165 098 3.7624799 4.027 190 4345.578 10 036.050 9,340,487 8.772.76a 53.74B.585 50 700 571 44.963 756 Last Yew 2516.776 Z923,205 3.874,571 3,941.631 4,598.874 5.M9.175 7573,891 5,470.50 1027385 ♦02 ,= 4.4110.01111 3,406.571 1.664.701 Z625.721 3.041250 3.925.206 - 4,2aa.1% 5052371 10,967.969 10,938.050 0.310.467 48.330,804 53.748.585 50700.571 Percent Change: -33.9 -10A _ , 6.0 -0.4 6.6 -XA .27.1 -8.8 -123 -15.4 6.0 12.7 �.6 -1&3 42 61 6.1 -0.3 -14.6 6.1 11.2 """^:. assis _-115 .5.7 1, Sp Oct _ Nor .. Dc Jan Feb Mr Apr May Jun 1pa.. JW Aug kP. Oa Nov Dac Jan 201a Feb Cons- Ross 18 1s 18 1s to 1s is 18 1s is _..... 1s is is 18 _. 18 i8 1s is Camas Rooms, 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 1324 % Room Psdiapants _72.6 72.8 728 72.8 724 7Ze 72.8 :.8 72.8 72.8 72.6 72.6 72.5 126 72.8 728 72.8 72.0 A tiwnc row mOcacw veJBaeM owe. Source 2010 SMITH TRAVEL RESEARCH. Inc. Currency: USO - US Dollar Tab 5 - Trend Marathon Mary C--W me For tM moon O F.Wu 2010 50 40 30 20 10 0 -10 -20 -30 40 Exhibit C Monthly Percent Change Sep Oct Nov Doc Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb -+-Occupancy AD-^ADR--RevPAR Overall Percent Change 15.0 10.0 5.0 0.0 , 5.0 -10.0 Year To Date Runrung 12 Months ■Occupancy ■ADR ■RevPAR • ,.- a" _.. Oet mas 0- Jen Fe! Mr AP. wl' ...lOM Jvn. Jul .... 2N0 .. YOM To Date RumOq 12 Month& .. Th. Year 25 1 36.2 ..Nov. 17.0 454 527 _ AW _ MP oa Nor Dec Jon F .. mod 2aa� 2010 am ooi m10 LAM Yaw 33.0 45.0 40.3 662 09 0 71.3 63 3 66.4 72.5 60.8 34.5 46.0 51.4 4a.7 51.5 66.2 612 59.1 58.5 56.6 52.1 58.6 45.9 61.8 as 05.2 59.0 562 56A 64.1 $20 25.1 36.2 47.0 45.4 527 66.2 66.3 612 50.1 56.7 56.0 52A PafceM Change .23.9 -21.0 47 44 .116 9.4 6.0 19.4 12.5 21.3 13.1 17.0 30.1 27.3 9.4 71 0.0 .2.4 -76 -3.4 .1,1 42 -7.0 12.4 Sep Oct 2000 Nov Dac Jan Feb m0/ m10 Vw To prlte Rlapfing 12 Months 7M YOM 133.38 113.96 154.70 219.19 te239 m7.3B M. 2aB.e7 Apr May Jon Jul Aug 9eP Oct Ilor Oc Jas FM 20" 2000 2010 moe m06 20 a Last YOM 130.54 175.17 170.93 224.37 216.28 17326 170.43 176.98 160.10 130.60 135.75 152.30 217,20 180.01 19BA3 21428 19566 185.82 211.10 195.01 181.19 ParuM Chang. 200.44 223.09 274.13 22234 191.97 18121 160.57 179,22 133.38 m.96 154.70 219.19 16239 m7.3e 21324 211.28 195.09 m1.21 211.10 t9s 01 -7.7 -17.6 -12.6 -2.3 -11.7 .7.0 -17.2 .18 .97 SA -a.1 .11.0 -2.2 40 -1.6 .0.9 -1.3 -6.0 0.5 _ L -8.7 .50 4.9 -7.1 -T6 6ep Oct IaOa Nw Dee Jan Feb M. Apr MaY Jan um JW ... _. 7010 YOM To Date Rumu1a 12 Montle ThwVw 3346 52.09 72.70 90.62 96.m 177.25 ...._....... 156.68 1%.69 W9.64 _. 11855 ... 12835 _.AW 9741 SieP 45.19 Ont 02.97 ..„Nor 78.34 Oec ....Jan... Feb ._ _ mW 10p6 m10 m0a m09 m70 LW Yew 45.86 80-19 67.27 102.00 127.56 134.97 176.05 Ines Was 10213 12016 93.57 105.72 92.71 126.28 131,06 115.6a 108.64 119.52 102.19 106.21 Percent Change .267 d5.0 -16.7 -3.2 11 3346 52.00 72.70 99.62 96.20 137.25 14143 131.08 115.64 114AS 11s.52 102,10 .216 .12.3 17.2 1.S MA 6.1 4.1 35.1 20.9 7.6 6.1 -3.6 2.0 -7.3 .117 6.1 4.7 .14.5 3.9 Oct mr Nova" Dec Jan Feb M. soe 2018 YOMTo Otte Rrernvp 12 me d Th. YOM 33,950 35.002 33.960 35.092 35.092 31.606 35.092 AP, 33.960 mer 35.092 Jun 33,950 JW 35092 Aug 35.002 UP Oct tlav pee Jan Feb mph 2m 2010 am am 2010 Last Yaw 33,420 35.an 33.980 35.092 35.092 31896 35.092 33,900 35,092 33,960 33.980 35.092 33.980 35092 35.D92 31 ON 66.786 66,796 86788 414.664 413.190 413190 Percent Change 1.5 0.0 0.0 0.0 0.0 0.0 36,092 35,002 33.900 35002 33880 35,092 35.002 31.60 57.437 66.788 66798 417195 414,654 413. 1110 0.0 0.0 0.0 so 0.0 0.0 0A 0.0 0.0 00 QO 0.0 -1.0 00 0.0 416 -04 0.0 ap .. _ Oel ]006 Nor Dec Jaw Feb M. ...... Apr May Jun 20011 _ Jul Aug m10 YOM To Otte RMOring 12 MOMM _. . This Yaw 8 519 12 697 15 960 15.949 1B 510 20978 24.23f 24 223 22206 23.223 _ 25 450 21 350 5" 11.761 Oat 16.156 I/ov Dsa Jan Feb 20M 2009 3010 am am 2010 Last YOM 11,014 16061 16.751 16.094 21,683 Is V11 22068 20.292 19.739 19,141 22.509 18,240 17.468 17.076 16.073 20275 40 ass 39.496 39. D48 234 772 215 412 242 194 Percent Ctung4. -22.7 -21.0. 47 -0.0 44.6 0.4 6.519 12697 15.960 15,949 16,510 20.970 44727 40,850 39.48s 236.Ban 234772 215,412 . 6.0 194..,. _...115 212 .. ... 13.1 170 _. _ _361.._.. 273 _ 04 7.1, �_ -2.4 _ 00,,._ 46 -34 -1A .08 -6.2 12A .. Sap Oct mW Nov Ds JanFeb W Apr May Jan am JW Aug lisp pat alev m10 YOM TO Deee stunning 11 aloMM YOM 1136266 1a27831 2.468956 3.405.857 3.375,983 4350.375 5.407343 5,2e7,303 3.847447 3.957.961 4,504,069 3418148 1534.770 2200.646 ZAW 336 0- 3.710,012 Jan Feb mas m06 201020W 100i 2010This Last YOM. 1.525,878 2.413,986 2.953706 3.610931 4.476.313 4.273034 8269.160 1511.67e 3,760.296 3.458.496 4,244.564 3293,433 1.136286 1,927.4n 2.468.958 3.253.334 4002656 8754.347 7i26,350 7255.990 49,559,262 42221946 43883,115 Percent change -25.5 -35.0 .16.7 -3.2 -24.6 1.7 3.495.867 3,375953 4,350375 9.537613 - 8.754.347 7.725356 47,623,343 49.550283 42.221,948 -12.3 17.2 _1.5 14.1 &1 4.1 35,1 209 7.6 6./ -3.6 40 d.2 -11.7 -6.1 41 -148 3 ®. _.... _. _. ._. 200111 . __... .._.. __.._.._. _... __... m W Sep Oct Nov Dee Jan Feb Mar.... .....A.P7 Yay Jun JW AW It- 2010. Feb Census Bops 20 2020 202020 20 m 20 20 30. 20 ..SOP 20 ._Oct 20 .....Nov 20 m - ...Jean 20 m CMnnq Rooms- 1132 1132 IfU 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 1132 % Rooms Perocipanb 53.0 53.0 53.0 53.0 53.0 530 530 S7.0 53.0 530 53-0 53.0 514 51.4 StA 51.4 51A 43.7 A dank tow mottles ...M-nt te0. Source 2010 SMITH TRAVEL RESEARCH, Inc. Currency: USD - US Dollar Tab 7 - Trend Key West under 40 Rooms Momos Count TDC For ow t4orth of Fshrvary 2010 30 20 10 0 -10 -20 -30 -40 Exhibit D Monthly Percent Change Sap Oct Nov Dec Jon Fab Mar Apr May Jun Jul Aug Sap Otl Nov Dec Jan Feb +• Occupancy -w-ADR-RevPAR Overall Percent Change &0 4.0 2.0 -- 0.0- .._.__ .. -2.0 -4.0 �.0 -8.0 Year To Date Runnwp 12 Months IN Occupancy ■ AOR IN RevPAR • • : _ 2m 2000 _ _..m+D _. Yaar To Date Rwwn/ 12 MMM... Sw 0e1 Nov D. Jan FN Mw Al. May Jaw Jw Art 5-P 00 N- Dsc, Jan FN 2o0a m0/. m10 2011/ mM m10 TNa Y9w. 43.4 57.7 77.2 70.3 79.8 90.0 91.1 85.3 03.5 778 Last Yea83.E 71.3 52.2 698 75.3 71.2 7d8 90./ 88.0 61.7 642 78.5 76A 77.5 r', 59./ 87.5 79.2 70.9 816 928 91.0 $7.2 85.8 76/ /1./ 678 43.1 87.7 P2 '70.3 7a.6 91I.0 88.7 M.0 61.7 75.9 7a5 78.4 Percent Change -27.5 0.3 d.5 -0.9 ♦.8 -2a 0.1 .1.1 47 1.0 3.1 5.6 20.4 3.1 -2.5 1.4 -1.3 0.1 -0.7 -3.9 .0.6 3.5 .2.7 1A ® 2808 2008 all"Var To Date Nov 12 MOMha E BaP Oct Nov Dec Jan FN WIN, Apr May Jon JW Au0 a* 0.1 Nov Dac Jan Fab mM 2000 20110 2110/ am 2010 This .or 128.78 155.86 141.31 165.93 167,77 103.D6 177.23 162-39 145.79 125.96 130.55 122.02 127.49 14713 14668 166.61 172.11 194.40 194,03 175.49 103.48 170.28 iW.07 153.21 Last Yaar: 138.5E IS&12 145.12 173-43 178.53 20922 2M..09 106.40 165.74 141A4 14112 135.96 12674 155.88 141.31 165.03 187.T7 1113.0E mt.a6 194.03 175.{9 163.31 164.07 153.21 PeruM Glranpe -7.1 05 -28 -4.3 8.2 .12-5 .79.5 -12.4 -12.0 -104 .8.8 -10.3 -1.0 5.5 3.9 2.2 2.6 62 49 .0.6 4.6 4.3 -36 S.6 208 . _.. _. m0 2610 _ . Yar To OaM __. Running U Months 5 6 Oct? .Nov D. .ten FN Mw Apr _...... May Jon _.._. Jul ... ti4 6!0 Otl Nov 0c Jan_„_ Fab 200/ _ m0a mom am mW m10 Ths Yaw $5.8E tOSA7 109.1t 7/6.58 137.85 154.83 161.45 _ 1a0.10 12t68 97.73 109.18 A.03 06.80 1W.80 1t0.3B 1m.81 135.57 175.N 170.83 ti/.56 15140 133.72 125.11 118,75 010 LaM Yaw 82.91 10460 11440 122.99 149,82 194.09 200.35 161.73 14222 t08.62 116.14 01.94 55.8E 105./7 109.11 116.58 133.85 164.83 179.07 170A3 146.56 - 123.93 133.72 125.41 PuceM ChMrpa' -32.5 0.8 S.0 5.2 -10.7 -16.1 .19.4 .13.4 A&A -100 .4.0 .6.2 19.2 .2.6 1.2 3.6 1.3 6.3 -4.6 43.0 3.9 7.9 -02 5.3 ® m 20W am 2010 roar0Dar unnl Rn0 /2 Month s.p orJ Nov t>< Jan FFabYr Apr May Jun JJusapAa/ 9Oct Nav Oae Jan cN 200a 0/ 2D10 mW 20a 20/9 Th. Year' 35,460 36.542 35,460 36.642 36.642 33006 35,642 35.480 36.642 35,450 36642 36.642 35.460 36642 35.460 35.642 36642 33066 69738 60,738 69.738 431430 431,430 431430 Last Yaw35.460 36642 35.460 36,642 36.642 33,096 36.642 35.450 38.642 35,480 36.642 36642 35,480 36642 35.480 36.642 35.642 MAN 60778 60,735 60,738 431,499 431A3D 431430 Parcaw Ch.W: 0.0 0.0 0.0 0.0 0.0 0.0 0-0 0.0 00 0.0 0.0 0.0 00 0.0 OA 0.0 0.0 0.0 - 0.0 0.0 0.0 0.0 0.0 0.0 a • _ 2008 _ 2009 __. 29/8 Yaw To Da4a _. -Rona ft 12 Month Sap Oct Nov Dac Jan Fab Mar AV 9yy _.. Jwr _... Jw ..... A110 _ Sp Oct ft- Dsc Jan Fab 200a 20W m10. _. m0/ ..2009 m7O This V•w. 15,383 24.795 27380 25,7" 29.234 20801 33.360 30504 30582 27.513 306" m134 10,524 25507 2668E ffi.0W 28861 29.821 61401 Sam 58685 ]38791 ..20097 331108 LaM Yew 27,279 24727 32-zs 25,985 0 MASS 30 703 33,35E 30LOU 31 443 27.231 207.N 24.752 15,393 24.70 27.380 25.744 20234 29.801 61.863 61.401 59.035 327.437 338.791 329 787 PeruM CMnO•,-27.5 0.3. _. -25 -0.B -4A -2.9 0.1 A0 27 1.0 31 5.6 20,4 _._ 31 ,.25 1-4 -13 01 -0.7 -3.9 .06 3.5 -2.7 14 ®:.bp 20106 ,..70/ ../0 ....YeTo DaY , Running MwaMOct NoDsc Jan FN MaApr Jun Aa Au0 5" OcNoOc JanmFN2008 Wall 200 2010This Yew' 1980967 3,864,605 3.8N 105 4271.722 4904708 545.352 5915923 4,966.Om A458.702 3.465.487 4,Og561 3188785 2361.553 3.765.706 3914332 U2/,60467660 5799579 11.9135E 10.M 10-767239 57689,084 54.1065651233,920Last Yaw 2940.123 3.135,592 4.071524,506652 5.469,840 8.42371E 7,341.273 5,735,m 5211,230 3.051A72 4,255,508 3.=298 10110.D67 3,86.505 3.669105 4.271,72 4,904706 5455352 12,407S12 11.926130.50 E 10,360.00 53,475,020 57.589.084 54. 106.566 Parent Ct1w10e,_ -32.6 _ 0.8 .50 -5.2 -10.7 -15.1 -19.4 -134 -14.4 10.0 -6.0 _.5.2 19.2 -2.5 1.2 3.6 1.3 6.3 _ -4.6 -13.0 3.9 L9 -6.2 5 200a 7008 2010...SAP_ _... Ocr Nov Dar: Jan isa M. AP, May Jun JW Aw Up Oct Nov Dec Jan Fab Ropy 57 57 57 57 57 57 57 S7 57 57 57 57 57 57 57 57 57 57 Cem1r Roomer 1182 1182 1182 1182 1132 1ta2 1182 1152 1182 1192 1182 1182 1182 1182 1192 1142 1192 1182 %Roome Pamcwhi, 22.0 22.0 22.0 22-0 22.0 22.0 22.0 22.0 22-0 220 211 19.4 19./ 19A 19.4 194 194 194 A dank row inAoda wourk sm data. SouM 2010 SMITH TRAVEL RESEARCH. Inc. Tab 9 - Multi -Segment FL Markets Monroe County TDC Exhibit E Currency: USD - US Dollar For the month of February 2010 , Gee % ADR RsvPAR Percent Change from Febnwy 2M ReOw a Oea % - ADR s RavPAR PertaRt Charge from YTD 2002 . Properties Rooms . Lauderdale. FL FL Miami-Hialash, FL Orlando, FL Tampa-S1 Petersburg, FL Florida Panhandle Florida South Central West Palm 6aach-Sou Raton. FL Fort Myers, FL Daytona Beach, FL -MMbou na-Tituavile. FL Florida Keys Srasotr&adenlan, FL. ,.._ 3010 81.1 58.7 78.6 64.4 64.8 45.5 61.7 78.4 67.1 58.1 64.6 90.3 71.0 3a0a 3010 not 77.915046 145.19 . . 57.678.66 88.65 72.6 201.63 179.89 64.7 98.51 107.15 6/.7 99.09 179.18: 44.8. 71.96 74.50- 622 117.57 122.27 69.7 165.86 179.73 56.6 138.12 155.55 59.7' 133.24 143.74 57.0-: 64.92 87.91 $0.2 206.20 202.06 66.5 117.52 732.60: 2010 300e 122.52 11].1 46.20 51.07 156,45 130.56 63.49 62.29. 84.21 77.14 32.77 33.37 72.55 76.01 130.04 125.35 92.63 103.54 T7.39 85.84� 54.84 50.09. 157.13 162.09 53.43 90.79 o. . 1.9 8.3 -0.3 0.1 1.7 -0.7 12.4 0.5 -2.7 13.3 0.1 3.7 ADR -1. 1.3 12.1 -8.1 -16.8 -3.4 3.8 -7.7 -11.2 -7.3 3.4 3.0 -11.4 AavPAR . -9.6 21.4 -8.4 -16.8 -1.8 .4.5 3.7 -10.5 -9.8 9.5 3.1 -8.1 R__.v....Awe . -6.9 27.1 -4.6 -15.7 41 -1.3 7.2 -0.8 -10.5 10.5 4.3 -4.0 - . 2.9 4.7 4.1 1.2 1.7 3.4 3.3 10.8 -0.7 0.9 1.2 o- Said . 4.9 13.4 3.7 1.3 3.4 2.6: 16.1'. : 11.7 - -3.4 14.4 1.3' 6.3 . 52.7 76.4 62.7 57.7 40.9 54.5 72.4 59.8 49.9 55.9 74.0 82.6 ].Oth nis ...A.S" 3.6 139.34 141.24 52.9 77.72 86.99 69.9 183.60 176.22 61.9 97.33 107.64 58.5, 96.85 122.57. 40.4. 70.43 73.17 55.4' 112.76 117.11 66,6 158.87 170.32' 60.6 129.48 143.91- 50.4. 110.87 119.19 50.6' $1.51 $4.79: 74A 198.41 193.48' 59.9. 110.50 128.59 able 06.12 40.98 140.31 51.04 55.92 25.82 61.50 113.45 77.45 55.36 45.73 146.82 89.18 3e0e 103.93 46.00 124.55 56.72 71.65 29.59 64.84 113.69 87.23 60.07 42.92 143.31 75.92 0. 5.5 -0.3 9.3 1.4 -12 1.2 .1.5 B.5 -1.3 -0.9 10.4 -0.1 4.4 ADIfM -1.3 -10.7 3.0 -9.7 -21.0 -3.7 -3.7 -8.0 -10.0 -7.0 -3.5 2.5 -12.7 RvPAR 4.0 -10.9 12.7 d.5 -22.0 -2.6 -5.1 -0.2 -11.2 -7.5 6.6 2.4 fi.9 Rea- Olt-" 1v1.3 -8.3 15.5 -4.9 -21A -1.0 -1.6 3.8 -0.3 -8.5 7.5 3.7 -4.8 Red- _ AvJ._ 70 2.9 5.3 4.0 1.0 1.7 3.7 4.1 12.3 -0.8 0.9 1.2 4.4 Roo- faM. 1..2.9 2.6 15.1. 5.4 -0.2 2.9 2.2 12.9- 10.8 .1.7 11.5 1.1 9.0. Gwu arPh 287 268 356 185 436 456 460 1N 137 164 85 16o 123 141 185. 163 313 256 238 227 83 68: 57 59 53 59- Ge- 30159 27039 47193 118843 44120 36120 37293 15818 12698 14030 9129 $613 8817 sap 236&Jacksoni9e, 22279 349M 80457 35386 23928 24919- 13248 8572- 6627 T795 5137 8221' - A blank row indicates insufficient data. Source 2010 SMITH TRAVEL RESEARCH, Inc. Tab 3 - Day Trend Key West T. Eidift F We*idy Occ M - Apr 24. 2010 to Jul w 2010 a 2"w 'Amy 644Y ISAI" 224A-v 211-Iry S. 12— ls. M3'" lOJJ �TI Y•w ^ LMlYew WaekiyAOft-Apr 24,2010toJ#AIO,2010 zm ISO Im so 24aP 14AW OMW 15JVy 2241, 204j" Sd 2— ta.r, 26J - Thmyow - LWYM cwftney- use - us of C—� S. Ift T, ft n F, u S. Ift Tu W In F, u Sr Ift T. m Tn F, u S. 'ft Tu Ift m F, u Jul kq 1, Is n . . . . .. . . . Jun ok - - - -1 IL ZZ, .1— 117.1 L —1. -L, slill t.1- I I 2 IRMJ.n I— is,@ Surm MWIL ASSILOIM". Tab 4 - Day Trend Florida Keys fExhibit G en.. centn roc P., ar yfe.s.t A* 04 3110 a AS, to, MID Weakly Occ (%) -Apr 24, 2010 to Jul 10, 2010 90 70 60 SO 50 40 30 20 10 p..... .-____.._......._.__._.___.___.-__.__.._._._. 24AM 1-May &May 15-May 22-May 29-May SJun 12-Jun 19Jun 2SJun 3Jul tOJUI -Ttua Yom --0 Last Year Weekly ADR -Apr 24, 2010 to Jul 10, 2010 2W t50.___._-__......-. _.,,y... .._.y1. 100 50 p_-_. __..__... ..__..._.. _..__,_...__..._.____...... 24AW 1-WY 64Aay 15-May 22-May 29-May 54un 12-" 19.Jtm 26.nn 3Jut 10.A6 - Thm Year -+51- LAst Yew Currency: USD - US Dollar Su 6 Jun 13 Th.V.r 73l Last Yew 67.9 P_.ft c6.n9. as Ma 14 742 14.1 02 Tu ,f 745 73.4 15 We If 753 793 61 Tn I) 03.2 63.7 .01 Fr i. Ns 921 .1.23.9 SOS H 0&1 92.4 Su i Gas732 72.0 -7,. Mc tt 71115 4.4 Tu ..... a 74.0 7112 63 We n 76.4 all 6.7 Th i A3.9 N.1 -2-5 Fr i 943 912 13 Se an "0 2.7 Su T 55.6 742 4.4 Mo ..._ at 671 71.7 4.4 Tu a M7 70A SA We .. SO MA 70-B 64 Th ..... Ad MY TSA 42.0 Fr ] NO 013 .117 SOS ] 9710 95A 2.1 Su ♦ 921 71.8 26A Mo { WA 72l -12.7 Gutr6M Week Tu W9 .Th .. 4 7 . 76.0 15.2 04A INS 743 O7 6A U 42 Fr a 86.7 A.1 1.9 _.. SOS I. 92A MIA 0.1 Gantt NAet 63.4 60.1 On Run.... i 79.6 103 AA ... am MTD _ 624 a23 Ol Jun_. 13 Th. Y. 149.17 Lw1YOSSchlew 149.17 P4rc.ntCMnp. 41 14 Ii30 1343 6A a lilt ISOM as 1. 1E35 130.24 IA 1) t5C.01 /41.F4 SA 1a I5712 157.18 ].6 10 16630 192i 21 i 141.06 14tM 73 a 134f0 134A1 73 a tasSf 1]W 95 a 1as.22 137.71 6.1 .. a 141M 141.i ]7 a IM.17 15677 SA i 170A6 IY12 71 __. 27 131A 1]tA6 14 St 13LOO Ii60 9.4 A 13636 1>Zn 11l _. >• 1E60 /3411 43 Jul.. 1 15174 14241 {t 2 179.52 /a1.a it 3 1".32 Is6]2 11 ♦ 1N,W iQip 30.6 f 155.94 ti54 213 tU.e6 131.711 2.0 tilm /3/M 91 13350 13320 "1 151.as 151a 6.4 1. 16"' 1NA1 1.5 C,e1re .....Rto vveOk 15e.60 140.N 13.6 i 150.04 14" 76 Run Mm 1�11 15342 8.4 -. .,. Jun _.. l] T1OS Yew n2211 tal YewN Palc.nf Chr,p. 1]1 _ 1. 1o9.43 lit" 67 _ Is 1ro.7e 10Z i.32 T6 14 .1a9.3a 110.47 -tD _... IT1f -n4.7s fleet 5.1 _.. .. 1453p 144.71 25 .._... 1. 159.74 t5012 5A _. SO 100.84. 101,55 67 21 106.67 Ip314 .. >8 U 1M47 104.64 1T a 111.0 11211 1D ...__....... P. 127.70 f2fA1 5,0 Is .159.w 141.711 9.4 _.___.._. IS 165.04 _._10316 146N 103 21 6T19 63 _. A /0479 97.34 ]S _........_ IS _. 96N MA9 53 SO ..114.E N3/ -In _.... JW 1 - 101.25 107,71 .. iA 1 14473 174.65 -IT, _ 3 195.52 1N3o 32 .. _.. 4 10329.. 101.00 79.9 { _9OA7 $334 5A t 112.13 IMA4 6A ....... _..... T 12.49 N326 IaA .. .. 124A0 107.07 15.9 9 14131..__.14111.40 13172 71 _. ___. I. 145.14 Ili .._. Cunn Weekle 133.00 Imss 16.2 _ iltn 125A5 11423 $A Run VM ..13731.. 1252e 9.0 _. _.. ®Jun li TRS Yew N23 L.AM Yew 024 Prcrll CRrtye 12 14 N23 6524 t2 if eil NN t2 1. 023 N24 1.2 17 N2] ON 12 11 af73 4524 12 la N. 6624 11 i L 8524 12 ]l am 4624 12 a 4023 4524 12 a a62] am 12 i a6� 4524 11 i N23 W24 12 i eaa 6524 5.2 ]) Sam 6624 11 a .1 4524 11 i N73 4524 12 i 9623 E24 1.2 JW 1 sale 6524 1.5 3 0 4 MY. 15 i alias ISIS is 4 Sala E24 IS f OSas 0524 15 f me E24 15 ) aw E24 IS . 9" 0524 13 f Has 024 1.5 If a64e W24 IS cunt VM.Y NSt6 SOS IS Run i 24f694 2=72 1.3 Run MTD sew OW.0 IS Jun 13 Th. V.r 6165 LOSS Yaw SM P.,.4M chOSpe as .. 14 bast $314 1.3 1f f4i M4 17 .. ,. .. 84N 6763 I1 1) 7171 713a OS .. t. ]has 71as 61 1f 9263 7907 41 Se 5747 6137 6.4 _. . 31 _ _.... U73 65a -23 R GM am .1 m 0546 erp 6.6 SO TIIl 7331 -t4 _.. A 9124..... 7772 43 36 A330 W14 ]A _. ii 5019 972/ 6A _ _.. S gas silo �.] n _... 57W am iA ]� SW am •].5 Jul 1 SM - 6.64 -10.7 2 a072 7715 -104 3 M2 am 3A 4 79a0. 6104 397 f 5as] also -11.4 � 67Q 0716 O.S 7 73N N75 f0.] � _._ _.. 7270 6675 5.7 a 7673 YOM 3A 10 ..70" 7137 15 Cunn.. yVwt _.. 50476... 471120 5.6 Rom, 20 .. 192E1 192125 02 Ran __.. Nil1 7161. 701" 2.1 Jun t] TIIa Yew NSM Lai Yew{ 4 Pe2.'A Cert9. 14.4 1. 943577 473767 an I. 946M aa9N3 eA 10 90162 w16OS 01 17 1075707 5011767 6.3 n t 70624 1233SQ 37 is 137742A 12OS903 7.1 i 6a996 SOSS92 05 ZI 921513 OROM 4l a 9]5346 U1957 4.9 a 963M Olt5N 0.1 M 1101143 103a72 62 _ IS 1306191 1233M 101 i 1423154 1275180 _ 11.6 27 NO= a76374 75 i pi37 419750 4.7 i 6$41a 0207 6.5 SO .14647 a13M 02 ,Jul 1 � $75931 2IM79 ♦.6 2 1251596 1488fN .15.2 ] ISSIMS 1414327 4.1 4 1525083 6Nf25 925 f INSG 4 YNMI 7.5 9 QW725 N$ll$ 9A 7 1056270 WiM 203 a 1070i5 917714 174 1 1223701 1122721 9.0 If 1264M 12E071, 3A Goren Week a056me 6716M 20.0 R,m 29 30416193 U217M 7.5 R,n M717 11874*7 10730910 10.0 ®fin � t3 (..M11. Prop. 'Go C.-R.- eu3 %Room. PraCpWft _..,52/ 14 felt am 522 I{ 16D em 52.6 1{ IN)160 N23 52.0 1T aen 52-8 If Ia0 am S21 to If0 am iA i 160 am US 21a t60 na 52A 1N SIMI 521 a 160 ar73 5-4 i US) am 521 i Las am 52.9 i 160 am 524 37 _1N an $a SO_ -10p am 525__. i IN am _525 3. tap 8623 514 t ,lit seas 513 ] 1st e60a S13 3 1a1 am SU ♦ 161 ow 513 0 t9t alias 513 . 161 am 513 ] 161 aw 511 s 161 aw $1.3 s 161 alias 4.9 I. 161 Noe 40A A Use me.larAee n.Ml- See. - Sour- 2010 SMRM TRAVEL. RESEARCH, k- IISTORIC TREND REPORT MONROE COUNTY WITH 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% too.o% - - - February 79.5% 81.5% 80.2% 80.3% 0.1% so.o% ! March 81.6% 83.0% 81.1% 85.2% 5.1% f 4 April 79.7% 78.9% 80.9% °o% 83.3% 3.0°/i 80.0% 70.0% May 71.40 74.4°% 74.1 76.9% 3.8'/. i 1� t June 71.6 /0 71.4 /0 73.3 A 74.1 % 1.1 % 60.0% - 4 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% October 55.2% 54.8% 60.1 % 30.0% November 64.4% 63.1 % 65.1 °k r E E 4 December 58.8% 59.3% 62.8% A < 2. -3 Z o -i- 2007 2000 2009 #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% $280.00.,, .1 3_._ T i February $243.89 $238.36 $202.06 $208.20 3.0% I March $258.13 $259.40 $206.17 $226.85 10.0 s260.00 °�L • - C . t I I April $227.63 $205.24 $194.62 $205.30 5.5% $24o.00 i May $190.78 $189.17 $166.80 $170.41 2.2•/. s220.00 } I June $175.03 $168.34 $149.21 $155.90 4.5% $200.00 July $176.05 $170.72 $152.80 $159.56 4.4`/a $160.00 August $160.85 $160.70 $141.46 $160.00 September $153.19 $140.36 $134.09 $140.00 October $167.56 $164.36 $154.52 $120.00 November $172.71 $165.80 $160.24 $100.00 I December $211.35 $198.54 $196.15 3. i 4- 1 Total $195.18 $194.68 $171.51 $188.02 4.6% -2007 2009 20°0-+c--2010 RsvPAR 2007 2008 2009 2010 % Chg Monroe County Average RevPAR January $149.74 $153.11 $126.36 $128.69 1.8% $250.00 February $193.83 $194.24 $162.09 $167.13 3.1% $230.00 March $210.67 $215.20 $167.28 $193.32 15.6% $210.00 - April $181.44 $161.90 $157.40 $170.98 8.6% $190.00 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% s13o.00 August $104.09 $99.40 $96.13 $110.0o ' ` i i` _a September $74.85 $50.12 $63.20 $90.00 October $92.51 $90.09 $92.81 s70.00 November $111.16 $104.65 $104.37 $50.00 December $124.38 $117.68 $123.28 r x s 3 _ Y Total $132.90 $131.59 $120.49 $146.02 6.2% - i_..2007 2009 2009--i1-2010 Prior year performance numbers may be updated with current data due to new participants providing their historic information andior past participants providing updated prior year performance numbers. Source 2010 Smith Travel Research, Inc./STR Global, Ltd. This document co tsins cenfiMntiai tn0s information and can °My a relsssed to third Parties in response to a public records request pursuant to Chapter 119, FiwWa aLhnaa This document contains confidential trade information and can only be released to third parties in response to a pubkC records request pursuant to Chapter 119, Florida Statutes OCCUPANCY RATE 2007 2008 2009 2010 % Chg 100.0% -... y WgsLAv�ert}gerOccupapcy- January 81.6% 80.8% 76.1% 78.4% 3.07. ` February 87.1% 87.0% 87.2°k 88.6°k 1.6°h 90.0% March 84.6% 89.0% 88.2% 92.3% 4.6% 80.0% 1- - _ L April 84.9% 86.8% 87.5% 89.7% 2.5% May 78.5% 82.3% 81.5% 83.3% 2.2% 70.096 I i yt June 75.2% 75.7% 78.0% 76.9% -1.4X July 78.3% 80.6% 83.5% 82.2% -1.6°h eo-o% } August 69.6% 66.4% 73.3% September 56.7% 39.9% 54.7°/d 50.0% �_..: .... _t._ . _ .. .� .:.._ +. _. October 64.400 63.90 69.10 40.0% November 75.9 k 72.7 h 74.8 Ao December 69.5% 68.8% 71.5% 30.0% Total 75.5% 74.2% 77.2% 84.5% 1.7% 2°07 2M zoos 0-20i0 2007 2008 2009 2010 % Chg s30000 _. Key W Ave.rapei Ql�ily hate. ... � January $208.16 $217.36 $198.54 $198.77 0.1% $28000 February $253.00 $250.00 $215.09 $226,80 5.4% $260.00_� March $260.70 $263.15 $215.70 $241.60 12.0% $240.00j April $221.42 $211.36 $200.74 $220.53 9.9% May $192.52 $197.28 $174.23 $184.80 6.1% $220.00 June $173.72 $173.38 $153.72 $165.20 7.5% E200.00 July $170.21 $175.56 $157.32 $165.73 5.3% $teo 00 August $158.42 $162.91 $146.51 $16000 September $163.52 $150.22 $144.51 $140.00 October $181.01 $180.14 $172.97 E12000-+ - November $176.46 $172.41 $170.80 g10o.00 December $216.07 $201.92 $202.31 { Total $200.18 $201.44 $180.29 $201.95 7.1%-w-2007 2095 2M-m-20;0 RevPAR 2007 2008 2009 2010 % Chg $250.00 � Ke _ , aryl /4ve F+rev �i. January $169.84 $175.61 $151.03 $155.76 3.1% $230.00 _ _ _ 4.. February $220.26 $217.42 $187.62 $200.95 7.1% $210.00 L- March $220.51 $234.21 $190.30 $223.09 17.2% siso.o0 t April $188.01 $183.45 $175.68 $197.87 12.6% $170.00 _ May $151.04 $162.29 $141.96 $154.01 8.5% I June $130.61 $131.20 $150.00 "+7 $119.94 $126.97 5.9•/. July $133.34 $141.56 $131.32 $136.30 3.8% s130.00 August $110.26 $108.18 $107.40 $110.00 September $92.64 $59.94 $79.05 s90.00 October $116.63 $115.17 $119.48 $70.00 i 7W { �. November $133.89 $125.43 $127.83 December $150.21 $138.98 $144.70 S 5 r Total $150.64 $149.49 $139.11 $170.71 9.0% - 4w-2007 2008 t' 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 decu~t contsins co"tWendsi Us& infemnuon any un only be Massed to third partNs n rssponas to a puhlh, records rsgwst Punuary to ChgWW 119, FWds StaNNs TRAVEL RESEARCH 8/1812010 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 t00.0% .. KeY UNst aa8s Owst Houses a Inns Avers _ ...._. _ qa Occupancy January 83.7°% 79.80 78.8% -1.3'h February ° 92.0 k 92.3 /° 90.0 k 90.1 % 0.1 X so.o% i March 90.2% 91.1°k 90.8°h 94.8% 4.4% 80.0%-,-- April May 89.2% 82.6% 87.3% 85.8% 86.0% 89.2% 3.7% 70.0% ► i ti! June 77.2% 76.8% 83.2% 77.4% 84.1% 75.7% 1.1% -2.2% 60.0% July 79.4% 81.2% 82.7% 80.5% -2.7% 50.0% 4... August September 70.7% 60.6% 67.8% 43.7% 71.3% 52.1 % ao.o% i 1 -�- -�� _, � ..,__T October 67.5°% 67.6% 70.1 % 30.0% November 79.2% 77.2% 75.4% 3 B 3 i i December 71.1% 70.2% 71.4% -s-2007 moe t 2009 -e-201 i0 Total 85.1% 77.0% 77.6% 84.6% 0.6% 2007 2008 2009 2010 % Chg $300.00 ._ r- --T Dal4t3ata. _.. $178.93 $167.77 $172.11 . $280ooJanuary February $220.11 $209.53 $183.06 $194.48 6.2% $260 00 March $224.11 $220.04 $183.42 $204.86 11.7% s240.00 April $188.34 $185.40 $167.76 $186.86 11.4% $220.00 {. May $169.53 $165.73 $145.61 $158.33 8.7% $200.00 June $149.54 $141.46 $125.60 $143.20 14.0% July $147.70 $143.11 $131.70 $145.03 10.1% s180.00 I ' August $135.90 $136.07 $122.02 $16000 1 I } September $139.04 $129.13 $126.92 $1n0.ao October $155.13 $155.87 $149.26 $120.00 November $145.05 $141.40 $146.04 $100.00 - -- -- -- ---- •-- i.__:_ _.. December $173.63 $165.95 $169.56 i -W - 2007 a 2008 2009 --11-- 2010 Total $184.60 $167.61 $151.20 $173.81 9.4% ROPAR 2007 2008 2009 2010 % Chg $250.00 _Ke West Bi s euast usn a 1nns6w RavpAR January $149.75 $133.85 $135.57 1.3% $230.00 � - _ _. � ,. 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% $190.00,- April $167.92 $161.79 $144.33 $166.68 15.5% $170.00 • •, JI •, _ y.. May $139.97 $142.25 $121.15 $133.21 10.0% $150.00 -- - 4 June $115.43 $108.68 $97.19 $108.37 11.5% $130.00 i It July $117.26 $116.26 $108.89 $116.69 7.2% s1lo.00 August $96.13 $92.23 $87.05 $90 September $84.32 $56.39 $66.16 .0o $70.00 October $104.71 $105.37 $104.58 $50.00 November $114.86 $109.11 $110.05 December $123.47 $116.50 $121.11 ' zoo? 200e 2009 =w-mio 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 doeumenttontain. eonlid.ntial r.de nromraon and can any berehased to third pani.. Innsponw to public recordsnpwN pursuant to chapter 119, Florida spur.. 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 loon% Eactt�irp 1 o z,Wasl.Avor'suw .. _i January 68.0% 66.3% 59.6% 56.3%-5.6°/. 90.0% February 72.3% 75.5% 71.9% 70.5% -1.9°ti March 78.6% 76.4% 72.7% 76.9% 5.8% 80 096 April 74.4% 70.2% 73.0% 75.7% 3.7°/. May 64.3% 65.8% 65.2% 69.4% 6.4% 70.0% June 68.3% 66.7% 67.7% 70.8% 4.6°/. July 67.9% 70.0°k 72.0% 75.9% 5.4% 60.0% August 60.1% 56.8% 61.6% 50.0% I ` 1 September 41.5% 31.0% 38.2°k October 46.0% 44.7% 49.4% 40.0% November 52.9% 52.4% 53.2% t December 48.5% 48.6% 52.2% 30.0% Total 61.9% 60.3% 61.9% 69.7% 1.4% � -+ 2007 zoos 2009 *-zolo 2007 2008 2009 2010 % Chg $300.00 .. !!►oo _ x°If�srr4 ..KAYw•sS.Pveraw.4•i!Y WS•. January $192.27 $195.38 $162.99 $172.24 5.7•h s280.00 February $233.46 $223.76 $183.29 $180.88 -1.3% $26000 March $255.32 $254.63 $192.44 $206.15 7.1% $240.00 t-- -- -.. April $234.81 $196.96 $185.91 $184.21 -0.9X May $188.62 $178.12 $155.77 $150.22 -3.6X S220.o0 June $176.40 $162.00 $143.05 $144.10 0.7X s2oo.00 July $182.42 $164.54 $146.62 $151.81 3.5% S180.00 j t August $163.52 $157.84 $134.37 $180.00 t September $139.77 $126.28 $116.43 $140+00 i October $148.82 $139.28 $124.02- - - �- November $167.36 $155.56 $141.97 $1oo.00 December $204.80 $193.22 $185.75 J Ii a it Total $197.19 $185.46 $158.31 $168.35 1.4% a- 2001 zo°e zoos-•--2010 RevPAR 2007 2008 2009 2010 % Chg $250.00 dittoiftj AvIaT January $130.65 $129.45 $97.09 $97.04 .0.1% $230.00 February $168.72 $169.00 $131.78 $127.58 .3.2% $210.00 --.�, 1 - ._i .�.. ,. ,.._ i March $200.70 $194.50 $139.96 $158.53 13.3% $1go.00 April $174.77 $138.34 $135.69 $139.54 2.8% $170.00 .• i May $121.21 $117.13 $101.64 $104.24 2.6% $150.00 June $120.40 $108.08 $96.85 $102.08 54% July $123.80 $115.16 $105.63 $115.19 9.1% $130.0o August $98.26 $89.67 $82.81 $110.0 0 September $57.94 $39.20 $44.46 s90.00 October $68.49 $62.22 $61.29t $70.00 November $88.54 $81.48 $75.53 $50.00 December $99.33 $93.97 $96.88 Total $121.98 $111.76 $98.02 $117.29 2.0% *-2007 zoos zoo• 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. rhisdoc m«,tcontoinsconfide,w,trad.,°,°n,,.e,o,,,dewony,e,,,ea,.dro,h,ba��,�,,,��,,,Naapubi •.a. n•aM punua'd to Chapter 119, Ronda S1ala4e SMITH TRAVEL RESEARCH 8/18/2010 This document contains confidential trade inlormalion 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 100.0% -,• Ay r.__ _ _,.. I , January 68.8%68.8% 64.0°h 57.9% -9.5X 900% February 73.7 /0 73.7 /0 76.5 % 73.3 /o -4.2X( 0 0 0 0 March 77.3% 81.1 % 75.5% 78.7% 4.2% April 73.2% 76.0% 74.3% 76.9% 3.5% 70.096 May 65.4% 74.7% 63.4% 68.8% 8.6% e0.0% 1 - June 69.1% 72.8% 67.3% 69.6% 3.4•� f �` t ,, 1 i i f July 70.7% 75.9% 74.4% 78.5% 5.5'/a 50.0% August 62.2% 61.3% 61.4% September 49.2% 37.6% 42.4% 40.0% October 51.7% 51.5% 50.1% 30.0% November 61.2% 59.5% 54.4°h December 53.5% 51.3% 54.4% t *.-zoor 200e ; zoos Total 64.7% 65.2% 63.6% 71.7% -0.4% 2007 2008 2009 2010 % Chg s30o.00 _LA__...._. January $187.03 $181.46 $163.44 $169.32 3.6% $28000 February $222.51 $209.81 $179.32 $174.62 -2.6X ' $260.00 March $224.79 $227.75 $182.50 $189.19 3.7X April $209.87 $181.30 $173.20 $166.85 -3.7X s24000 May $169.26 $191.04 $147.94 $139.30-5.8'/. s220.00 --- - =T I - _ _._ t June $147.08 $139.10 $127.13 $128.09 ox% $200.00 I - i July $149.36 $141.20 $132.23 $180.40 36.4% $180.00 August $143.91 $135.59 $132.26 $133.69 1.1% s/80.o0 _ a. September $128.83 $117.56 $115.04 s14000 October $137.87 $128.87 $124.09 s12000 November $159.43 $156.84 $150.46 $loo.o0 December y $179.56 $178.54 $174.00 I Total $174.90 $166.03 $149.91 $157.49 -0.4%-f-20o1 200e 200 ' -a -2010 RevPAR 2007 2008 2009 2010 % Chg s250.00 _ lse galevpAR.'_._ January $128.74 $121.46 $104.57 $98.12 -6.2% $230.00 t- III February $163.88 $167.76 $137.13 $128.01 .6.7% $210.00 March $173.83 $184.53 $137.81 $148.95 8.1% $190.00 - .; + + ,• ' j April $153.69 $137.73 $128.61 $128.24 -0.3% $170.00 May $110.76 $142.63 $99.53 $96.92 -2.6% s15o.o0 t l June $101.62 $101.27 $85.54 $88.62 3.6% s13o.00 -1 _. July $105.67 $107.20 $98.39 $105.01 6.7% $110.00 r,L- August $90.09 $83.11 $73.29 a90.00-_ +- i "� { September $63.36 $44.23 $48.78 $70.00 October $71.22 $66.40 $62.14 S50.00 -1_ November $97.55 $93.24 $81.82 3. , 3 IL4 December $96.03 $91.67 $94.65 aF-2007 :ooe z000 rt-_pro 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 parent 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. rhi. document cwtalns coMhh,nuw sae. Informaeaa and °an °„y h. MWE"d to Nird parrNa In respan» to a puhx� nco.d. ragwat pumant to Chapter 119, Florida atatutaa 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 100.0% January 64.3% 61.6% 52.7% 51.4% -2.5'h February 69.0% 68.9% 66.2% 66.4% 0.3% 90 0% March 77.1% 68.4% 69.2% 76.3% 10.3% 80.0% April 71.7% 61.7% 71.3% 73.9% 3.6% i I May 58.3% 63.1% 63.4% 68.8% 8.5% M046 i I June 62.8% 55.8% 68.3% 71.9% 6.3% July so o% 60.6% 61.9% 72.0% 75.1 % 4.3% r 1 August 53.5% 49.5% 60.0% 5a.0% September 32.0% 24.2% 32.6% Ij , October 44.1 % 34.8% 44.4% 40.096 - November 47.6% 47.5% 50.3% I t I December 44.2% 45.7°k 48.6°k 30.0% - 5� a- __ _: _ l _. t ..... @ i I i a Total 57.1 % 54.4% 59.0% 69.10% 4.5% 2O0T 2009 2009 w--iotc 2007 2008 2009 2010 % Chg January $187.60 $203.73 $182.39 $180.01 -1.3% $30000 } I ' .00 February $228.41 $219.71 $207.38 $200.52 -3.3 $2so °h I March $261.89 $264.39 $230.54 $236.45 2.6X $2eo 00 April $242.93 $216.39 $222.62 $212.72 4.4X s240.00 May $193.93 $219.68 $175.21 $165.24 -5.7% $220.00 June $190.98 $174.31 $170.12 $165.20 .2.9% $200.00 July $205.66 $208.33 $177.55 $180.40 1.6% $18000 August $177.91 $174.51 $155.42 - s1eoo0 *. ....._ September $136.32 $130.43 $120.51 $l4000 October $171.54 $140.50 $125.68 November $173.47 $153.63 $143.16 $12000tll December $218.83 $220.16 $218.08 $100.00 --! - -.-. _ ... I.__.... ...._L.. _. i. 4 11 9 ` r Total $199.12 $201.69 $182.84 $192.19 -1.8X `'-2007 200s mw .-2010 R9VPAR 2007 2008 2009 2010 % Chg s250.00 January $120.72 $125.50 $96.20 $92.46 -3.9% $230.00 February $157.55 $151.30 $137.26 $133.06 -3.1% $210.00 F . March $201.95 $180.72 $159.55 $180.32 13.0% $190.00 April$174.20 $133.52 $158.76 $157.24 -1.0% s170.00 t May $113.00 $138.60 $111.03 $113.67 2.4% $150.00 June $119.96 $97.30 $116.18 $118.86 2.3% s130.o0 July $124.71 $128.92 $127.85 $135.43 5.9% $110.00 . 1. August $95.22 $86.41 $93.20 $90.00 ! t. September $43.63 $31.52 $39.30 $70 0o I October $75.59 $48.89 $55.80 November � 00 $82.53 $72.95 $72.07 December $96.63 $100.67 $105.90 s ....Al 2007 2009 2009 -111 2010 Total $117.14 $109.66 $107.80 $132.82 2.7% IM.~ Trot MSTORIC TREND REPORT b.W Mw h 2" 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 Sm ith Travel Research, Inc./STR Global, Ltd. This documaht contains conridaneal bads iniomwion vial can only bs nloased to Third parties in rssponso to a public ra dz rs9usat Pumsrrt to Chopsar t t9, Florida Mabrtaa 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 2007 2008 2009 2010 % Chg W.O:CjLpaac January 64.3% , r ,: _ February 69.0% 90 °% March 77.1°h e00% April 71.7% May 58.3% 70.0%�_a - - "- -- -•-..j T r i June 62.8% ` � ! -• ! July 60.6% 60.0% r I August 53.5% 50.0% °� September 32.0 October 44.1 % ao.o°b November 47.6% December 44.2% 30.0% i S Total 57.1 °/p e r 200e 2009 r 2010 2007 $30000 nisi ,Inorge Dai,IX 9019, January $187.60 f26000 ii l February $228.41 ( I f �. March $261.89 $260.00 1 April $242.93 $240.00 May $193.93 $220 0o June $190.98 $200.00 July $205.66 $160.00.. August $177.91 $160.00 ._. ;_ FIT September $136.32 _..• _ October $171.54 $140.00 November $173.47 $120.00 December $218.83 $100.00 i Total $199.12 ` -w-2oor Zoos J 2009 --*-mTo RevPAR 2007 $250.00 - - ,- •_ v January $120.72 S230.00_- -. February $157.55 $210,00 March $201.95 $190.00 April $174.20 $17o.o0 .. y ri Ma $113.00 $150.00 June $119.96 s130.00 July $124.71 August $95.22 $110.00 September $43.63 $90 00 1 ! j i t _ . -r- .:. $70.00 j October $75.59 f50.00 �-- L_ November $82.53 � 1 � j December $96.63 zoor 200e E 2009 = o Total $117.14 4"*- Toad HSTOR;L TREND RE"T bat. Mud 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. Thl. dMam.nt contain, c rhh awt ft d. tntomWton and can my be ntenod to third part~, 1° ra,pon" to a public iacarde ragtw.t pur.uant to chapter 119, Florida StaWIN S.,a..TT M4� ExhWA 1 .,..�.,C.. p o....�. G.. _ _—_ _ _ _ — - - — — — — —