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Item C30 C.30 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: C.30 Agenda Item Summary #5782 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 N/A AGENDA ITEM WORDING: Approval of a Property Management Agreement Assignment, Assumption, and Consent for management of the bandstands at Higgs Beach from Tropical Watersports, LLC to Salute Watersports, LLC. ITEM BACKGROUND: Tropical Watersports, LLC ("Tropical") is a long-time current leaseholder of a Lease for a mobile retail concession issued by the County at Higgs Beach. On January 16, 2014, the Monroe County Board of County Commissioners approved a Property Management Agreement for management by Tropical of the "Bandstands" at Higgs Beach in Key West, Monroe County, Florida, since it had personnel at the beach on a daily basis. Under the month-to-month Agreement, Tropical manages and rents the bandstands to the public pursuant to the Agreement. Tropical has entered into an Agreement to sell the assets of its mobile retail concession business at Higgs Beach to Salute Watersports, LLC, if an assignment of that Lease is approved by the BOCC. The parties are also requesting that Salute Watersports take over management of the bandstands under the current Agreement with the County. The Property Management Agreement Assignment, Assumption, and Consent provides for the assignment of the Agreement and assumption by Salute Watersports of all of the same terms and conditions as currently in place, with the Assignment, if approved by the Board, to be effective upon the date the transaction between Tropical and Salute Watersports closes. The closing date shall occur on or before July 19, 2019, or two (2) business days following approval of the assignment of the Agreement, whichever shall last occur. Management of the Higgs Beach 'Bandstands" will be in accordance with the most current Monroe County Use of County Property Policy and County forms. PREVIOUS RELEVANT BOCC ACTION: January 16, 2014 BOCC approved a Property Management Agreement for management of the "Bandstands" at Higgs Beach in Key West, Monroe County, FL, with Tropical Watersports LLC. Packet Pg. 1619 C.30 CONTRACT/AGREEMENT CHANGES: Assignment, Assumption, & Consent to assignment of Property Management-Higgs Beach Bandstands fromTropical Watersports to Salute Watersports at Higgs Beach STAFF RECOMMENDATION: Approval DOCUMENTATION: Property Management Agreement Assignment, Assumption & Consent (vendor executed legal stamped) Property Management Agreement Higgs Beach (bandstands) 09-2018 Use of County Property (Executed) FINANCIAL IMPACT: Effective Date: Date of closing between Tropical & Salute Watersports, which shall be on or before July 19, 2019, or two (2)business days following approval of assignment of the Property Management Agreement by the BOCC, whichever shall last occur. Expiration Date: Month-to-Month Agreement with the right to terminate by either party via thirty (30) day written notice. Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: No Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: The parties have requested consent of an assignment of the Property Management Agreement from Tropical Watersports, LLC to Salute Watersports, LLC, for management of the bandstands at Higgs Beach. The manager collects all fees for rental of the bandstands and retains those fees as a management fee for its compensation under the Agreement. REVIEWED BY: Patricia Eables Completed 07/01/2019 2:38 PM Kevin Wilson Completed 07/01/2019 3:39 PM Packet Pg. 1620 C.30 William DeSantis Completed 07/01/2019 3:41 PM Budget and Finance Completed 07/01/2019 3:45 PM Maria Slavik Completed 07/01/2019 4:18 PM Kathy Peters Completed 07/01/2019 4:25 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 1621 C.30.a r_ PROPERTY MANAGEMENT AGREEMENT ASSIGNMENT,ASSUMPTION, AND CONSENT < 0 This PROPERTY MANAGEMENT AGREEMENT ASSIGNMENT, ASSUMPTION, AND CONSENT (the "Assignment") is made and entered into as of July 17„ 2019, by and between MONROE COUNTY, a political subdivision of the State of Florida, ("County"), TROPICAL WATERSPORTS, LLC, a Florida Limited Company, ("Assignor"), and SALUTE WATERSPORTS, LLC, a Florida Limited Liability Company("Assignee"). WITNESSETH: WHEREAS, Landlord and Assignor are all of the parties to that certain Property Management Agreement dated January 16, 2014, for the management of the use of two (2) Bandstands owned by the County and located on the Clarence S. Higgs Memorial Beach Park, as set forth in Exhibit"A" (the"Agreement"), attached hereto and made a part hereof; and WHEREAS, Assignor desires by this instrument to assign all of its rights, interests, and obligations under the Agreement to Assignee, and Assignee desires to assume all of Assignor's liabilities and obligations under the Agreement, and Landlord desires to consent to such assignment and assumption, all upon the terms and conditions set forth herein; c� NOW, THEREFORE, for valid consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Assignment. Assignor hereby assigns, transfers, and conveys unto Assignee all of E Assignor's rights and interests under the Agreement, and hereby assigns, transfers, and conveys U) unto Assignee all of Assignor's obligations and liabilities under the Agreement,effective upon the date the transaction between Assignor and Assignee closes. r_ 2. Assumption. Assignee hereby assumes and agrees to pay, discharge, and perform a in a full and timely manner all of Assignor's liabilities and obligations under the Agreement„ U' effective upon the date the transaction between Assignor and Assignee closes. 3. Consent, Landlord hereby consents to the foregoing assignment and assumption, and releases Assignor from any liability or obligation under the Agreement arising or incurred on ' or after the date of this Assignment. Landlord also hereby acknowledges and confirms to Assignee that: 0 (i) Assignor and Landlord are all of the parties to the Agreement; (ii) the Agreement represents the entire understanding of the parties with respect to the matters that are the subject thereof, and has not been amended or otherwise modified; (iii) the Agreement is in full force and effect in accordance with its terms,which E terms have not been further modified; 1 Packet Pg. 1622 C.30.a (iv) Assignor has paid to Landlord all amounts due and payable under the Agreement to date and has performed all non-monetary obligations under the Agreement to date; (v) to Landlord's knowledge, no defaults on behalf of either Assignor or 0 Landlord have occurred and are continuing under the Agreement, nor have any events occurred which with the giving of notice, the passage of time or both would constitute defaults under the Agreement; U) (vi) there are no present charges, liens,or claims of offset under the Agreement; , (vii) the address for notices to be sent to the Landlord and Assignee is as expressly set forth as follows: X For Lessor: For Lessee: Monroe County Salute Watersports, LLC Facilities Maintenance Contract Monitor Attention: Richard Hatch 3583 S. Roosevelt Blvd. 729 Thomas Street Key West, FL 33040 Key West, FL 33040 0 to And Monroe County Attorney P. O. Box 1026 E Key West, FL 33041-1026 U) (viii) Landlord has no cause of action against Assignor arising out of the Agreement, nor to the best of Landlord's knowledge does the basis for any cause r_ of action exist; and Assignor has no cause of action against Landlord arising out of the Agreement,nor to the best of Assignor's knowledge does the basis for any cause U' of action exist; (ix) the term of the Agreement is month-to-month with the right to terminate by either party via a written thirty (30) day notice pursuant to paragraph 1 of the Agreement; 0 (x) the compensation to Assignee under the Agreement is as set forth in paragraph 8 of the Agreement; (xi) there are no additional capital expenditures other than those expressly stated in the Agreement. 2 Packet Pg. 1623 U) 4. Full Force and Effect. The Agreement shall continue in full force and effect and < 0 the Agreement is hereby ratified. In the event of a conflict between the terms of the Agreement and this Assignment,this Assignment shall prevail. U) r_ 5. Binding Effect, This Assignment shall not be effective unless and until the 0 transaction between Assignor and Assignee closes.Thereafter, itshall be binding upon and shall inure to the benefit of Assignor,Assignee,Landlord,and their respective and permittbd successors and assigns. E 6. Counterparts, This Assignment may be executed in any number of counterparts, U) each of which all be deemed an original and all of which said counterparts together shall constitute one agreement with the same effect as if the parties had signed the same signature page IN WITNESS WHEREOF,the parties hereunto set it hands and seals as of the first X day and year written above. 0 (SEAL) BOARD OF COUNTY COMMISSIONERS AITEST. KEVIN MADOK, OF MONROE COUNTY,FLORIDA CLERK U) r_ 0 to By- By: Deputy Clerk Mayor Chairman .2 E :3 U) U) TROPICAL ,WATERSPORTS Assignor E Witnesses ROBERT C.REXTER io Notary Public,Stats of Rhode island M M Commi 2- y® 2M y Commission Expires Name: U) E SALUTE WAIT-RSPORTS, LLC, Assignee E 0 Witnesses By: Name, itle: M 2! T 040PIROF COUIrrf AnasNEy,,q ofT-IGE F"IP. AS TQ FqFl� MR=EAULES AMISTAI'fr 000'4' 1,,ATT MEY E Packet Pg. 1624 C.30.a U) 4. Full Force and Effect. The Agreement shall continue in full force and effect the Agreement is hereby ratified. In the event of a conflict between the terms of the Agreement and this Assignment,this Assignment shall prevail. r_ 5. Binding Effect. This Assignment shall not be effective unless and untilt e transaction eteen Assignor and Assignee closes. Thereafter, it shall be binding upon and shall inure tot the benefit of Assignor,Assignee,Landlord,and their respective and permittedco and assigns. U) 6. Counterparts. This Assignment may be executed in any number of counterparts, each of which shall be deemed an original and all of which said counterparts together shall constitute one agreement with the same effect as if the parties had i e the same signature e X IN WITNESS WHEREOF, e parties hereunto settheir hands and seals as of the first day and year written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: V ACOUNTY, FLORIDA CLERK 0 DeputyClerk Mayor/Chairman � U) TROPICAL 7 , Assignor U) Witnesses ..............m.�..,�.,. E Naine: SALUTEAT T , LL , Assignee Witnesses L:e 7-CA 2 e- t Title: A �' ICE PATRICIAAS o r Packet Pg. 1625 C.30.a r_ EXHIBIT "A" U) 0 PROPERTY MANAGEMENT AGREEMENT 0 Dated January 16, 2014 (Bandstands) U) r_ 0 0 U) U) r_ 2m U) U) CL Packet Pg. 1626 PROPERTY MANAGEME NTAGREE ME bM 0 llis ,AF meant samle ntemA nto this ............ d � 2()14, U) betwi:rn MOPIRM." CGIUNTY, F"LORIDA, ("Clauxity"), Fmllildcal !mNlivision, the Stale of r- 0 Florilda, whose a&.ilivw is 1100 Simonton Sto KeY 'West,,,, Flon,ds 53040, awl Tropical Watemporm LLC (Managrr), wbose uldress is 1717 'Riase St.:,,Keffemt,Flq.:wids,3,3040. E "WHEREA6,S, the County omms two ccovered, ruisrd, concrete struirtures on .1--liggs Beach. 2 U) known as the"Bandstands"l-1 ,111m ql, WHEREAS, ounty policy rtmjuires that iridividuals wishing to iase Comb y mperty p slubm,it a County"tum:oll"ProIll',wrty" roquest ffil"tral" and, x 4) WI.IEREX- S, the Bandstands are ffi-quend, used without. County kmow[W—ge by 6- 0 iFidividlLmls ian awme of County rx4ilay; axid, Z WHEREAS, County li�imixlesto ealbree ib County ase of'property polipy in. a irianner that is the leaust irestrictive but that allows thim ('11i 1 to exercise 'its miffluxity over the U) y r- 0 bandstands; and,, 0 06 WTIERE ,w Trol.:iml lo, Ltes a concession sweenda as week on, r- .2 Fligg 'B iit-id,ps� E :3 U) "SHE RKAS,Ttupical Waterqxuts to mdllinl.,; to.act as the COLLIVIty'S agent andnifinage the U) � . ie"W� . u ga it fffile Bianiltand in ss acco�ll .dMC itJ I Cola[ft j:�::ol cy- mid -IS 'y E WFLIOME AS, the umay dresims ,to enter into R, Prqperty Mm.Agemient Agrnment widi Tropical 'Watem.ports, II[..LC. now, dierelbre, U) 01 CONSIDERATION of flile uniftial rwot-rdses and f,'*vemants set forthbelaw, the paurties a te E as fbillaws., 1. Term 'Ms A e by greementshall be a rriontis to nionth. agmment with the ri&t to tennmat either 1 atty'vin writte[ii!310 da notice, �p y E 2. Duties of Managellir. (.'Illounty 'h:". 6by app,.Ants mamtgr-"�r HS itS CX'ok'j,N'e a u,,nt with t1he Following duties: 2! ,k l7o exiveitise the avellability of flie Bandstarads or any pmt thereof, ix-a ii-la:exlhi, %hich in the Maniager"s sole diwimtion,me stdtdble fo lame prop' Iy anil mama et amididon.'s. 0 B. Toremive applicatiorm, axid i no,n,:rrvfixndablc &ea wid/or ,umcurity de-posits parnsialant to CL the b4onyloe County Use of Ptibliq.:-, Faf,;:Mdes,jX)licy. E Packet Pg. 1627 C. ,I' ens we the 'gym .dat„ 6 are only used by indi,vidtufls or manui m who have aubmittexi a U) e m:m ph....W' 'Use i,ff Proj ,ty a rott'leat mmmm a;:tunmm. ,m iidn the appropriateffi,w cVor d mm:mata. ' . To co ntmmiet lam e-nfomrcem,ry t.mntldcema to n°equerst: .mmmn at. of armor mmmae using the Ill a dsta:mn.da � ithatit firsthaving amdharittmA am't,Iae of Property.form. E. 'Tfmm make t spm �ticmna mmt'the bammdatr. , .a for,cLamagr.followizig any m of the bandbtam.ka. to ". To t:mmt"mnmmnn County of any danage, or I , amideumrma cxm:nlitions t mmnd following any ,aae of the btuidstands. G. " o m a:mma e the Property me in ac*rda:mncm«mxnth mutmiMa,mrx:tmn of rewmmnmmable care and.dttt, , ce. U) 3. nnttm��m miu� Emma SIC "�;,"mmmmmmt��; „" amend a tmm to .,.mmm�ma� the Rdlowhin, dmmtil mr � ,.. 't aJ�me mnm t ce ct't'de cm:mm,i;d t:mamm mnt`t:tne m, " y mm�rmmf( ,amen ect itirn tie a atta iir;�„�.iIC mnt''ttm:irnda tiirmbtm. ats torn m,:mp .de�amrmd.maintain the Property, B. To c.1,my al experissesinicurred by the: 'tamma ui,.T, uimnm,t m,mding ittnm,mmmit limitation, attorneys' fees for, prx ,,, . � r cmnmmmmmaet emmmtm:mr�m;� tmm m°m�. t tame dammm, err� ,fie t"cmmmntr mnm �mmwttm mn ttmm�mmm .mm am fin. mmm, eontroversy far suit involving tame property, ttmiir ownership or OpermattOn tlh :irr Nothing herein car d,jrnm atnatt require the Manager to IDITIplOy IDD am:I t1D represent time CXnanty ma any such pro,imedingr:mm sit,,, :t:irm rttnma rtigard, to the extent aet, toad in F,: . 7, 'w' ' (N::mmmirm,ty a „em to ndem . y deb' d and -Ave tine Marta ar harmless fror°rm all a:lllmirmmnts, w.mmve tt., atim�n. and suits with ur Nx,.t tm:m arry alleged ir. actual ^viialadc ,a ofiStalte, "edemid, Cit� m:mm° � 'mmaty 'labor laws, it lx:in � 0 errtnr°es Wy aggeed, and underuatmW%d that as bet. eim�mn. the County amend idne an n wW, will persoxis � ewmmtmt ;yed in a:.,mmnnnecttm:,mm;r° itfm the.,tlmrq,m ''are erYlpit"WOMOF010 Iami eT mm�er, mmt tmm o t mnat affirded !by applicable to ,, ..nv& covim,- n e Where tine claim is 'fin --d 1,1pon the matt l wlegligmcz of them Manager or its ' eeaw � t" , U) D. '1%:, tine,extir mt set forth in tr«.'� . '768.2'g ,indemrirify, det"emnd and save Maaa m tma .Mesa t' a.0 U) „ r to mm°mn , t wind injurilu tin moor suits t.ura m tmmmnmmtmmmmm ammdn t@me men°motor d �mmn to dtt tcir mnam �„" P t Ileath of ratntmn isms gum°other t:merso n whoxnsoeviar. Ccmt�, :61ii my t.'drmt Manager shay mmmnit be Iiablllr„m to County for,any d.ax na; ea used by t .namnt or attml ., to either imntm,rnmrmm or e t".o r mn°this tmm°c:. t U) in:'w 0::v mmmt;�a m that'Memos em dmme� mnmmt. rr mmrrm°ae mmrmd ua �w mmmm r,"t tt:tt; mom emmmmm ttammm:ue m� A a gene mope mmmr amn�" e mrr prnemnt ffienei n with die m,dxVmrmna mn�ta m;mfr aim mta'tmm ordinance, lsvv, mmr regulation Of any r,vvcr nmmmemmta:� Ill:x:end moor° off° ammo �nmtt:m'�t�e aatkiiNm�:nm t cm° �m ,ctadt ten � "A' haviR jmmrrradk:mttrmn, except to nofify CurnLI nt tnrr mmmm�Pfl or forw. :1. 1D County prnmptly, a:mn� ea.tn��pliaimnt � m a�mm'° �, m sammn°mrmmmmnn���r received by amna err m°dla . to such tterr " tw"mr urnt wile men°esemts m..mn, a�mmmntm �. dumrt to doe , t c to ,. em tmrme ted, e tt:ire tmir°�a cy d r�°m °mat�rmm�emmt cornn��l vivit:tn all amnm:1 re mauirem:mm n to and ,audmmmm,i emi Manager to du,ct�mme time men mn "s;fmt' mot" the mmmm, � 'to any Such official mn,:mnd agrees,a indamnify and save tmam,irr teamm ttio Manager, its melllmmc!!um tat vea,b servants amend emnm,ployeir, , more°amld fluir n matt torn !r�mwmm t� expense and g iabittty Wh -,wi er whkIt may be tmmnoaeil on. � theraby reasan of any pmrea , t or mt.uv,,!,; violation u or all ii!!,A violation of siiadtn laws,, omdmmmai:mme statues, m.xr'rt,gzu atvmmmm u,;,", CL Packet Pg. 1628 a� epwa anrm a:i ten M sha re,p i.:ml p a t tfu,: inn or mind t war o tpwe U' dstal amppp p, mwe wumof co!nditiou requ n, r a map:ut ce..� t angiv R sbapp.close tbe'b dsl, d(s) until, ue re n r or maintenance work pnaa beeii CO..m0eted. r_ 0 5. DpacpaIarew t? A,,, County,represents d" ,, °r,, uthat: t„ County is thielegal mnpm rimer Df The Property,or legal emnfit, Which uuww the lytoperty and I= full Ianority 'to,meat emwtcn m.mmtnm tpw,pa p eenwn , amount tn,ro �'� tpne p' mmnma, e der the terms imlF thi .Ag . Thmv are+no writtim air oralagreeaienLq affecting the munaaap t of the FIt 3. 1 tpne beat i the "aunt 's xww le � ie flke fld,hin its construction w,'I operation de not violate any applicable atahm 4,, laws, ordinanm, rules, regulations, ors , er the ptlw including, bnmt not limited ti w,those relatingto ba z :rdwna c,m„tc: plc subatannces W 0 . To tpuebest of flie Cotxntys knowled, �e e b� � ����n , do �m o� t � w��na � � any toxic �aabstmicea I- to:such as, but not t eani:p was paint asbesta nwa, urea, o apdeh d � nuwmpmwwm, n othez � pnazam�,onus lattpwstalaces to. t&wa.t wtm.m tknsafe condidan exists except as m ,Ioswp in writing at the � ti :n°ne of this agreement. � U) B. Mw mger represents and warivvs that- 0 p aun e , nnn t'�e to time, e pw ��ewm em � aante:n,au wnena, cpec t and accounnnibrig ate' In am:dh event, such pmerso unme! sha be demed, for app pwm,mwpo° ,a, tknrm em, ployees of the Manager. A,ll mMloyee cenmupeaaatio n, taxim and olffirr bm. efits lmwm,-.h.idp n pmayn`nwpp and'bookkenming costs shallbe p:,mmmpd t:hro.ugh tbe'p Manager's cewn i payroll account. U) Accounts6. Rep orb.� o p�. � a tin er hall pnn.epare and uis to =t , �m:n rip ,st,atements U) Of all t,. and/or pty dqmaits .r ,,. p and disIbursed on or uound the 20"' day of each m:mennttn oft e amut)IJect activity,, mM U) Records ��tentlonn. Pu , t trim plmpmwdide, tatn,:nte p p' . 701, tanta wall comply ttt'n alp �' putflic records paws of the Ot to of p!^'plorid.a, including but nnelt:Idnnmm°ted tmuro a) 'eqm and r nmm,t:nntapmn putl.fflc recorxL% tpnat ordinarily and necemarily wotild Ix.. required fired by Monroe County in the perfon na,nce of this ,�,,, muemu't. I " Provide the �mt'�mp.pc � � � E ,p° mtpu. am,cenn tmn pwmupmppc n � On the ammmnme to a and t-x.11 npi ea;a t h4oram. Countywould pmrmmvvpnpe the records recorths arid at a Cost ttmat does nnmt exceed ttwe count provilded in, Flurida Stavutm 4 Chaliter 1119 mur as othie, pae � p:wnvididenp by law, inn Ensure duat pwaiblic records that are emit �n°r ca ni �d tp�ap and e� ernpit ��tm°em 0 pwuup:nppr.� recn:nmxps disclosure requirmun wta are not dpscpmnaed except as auu pe rm ed [)y CL paw. Packet Pg. 1629 (d) Meet all requirements for retaining public recards and trmv11,,if'6r,, at no co V)st, to < 0 Monroe County all public recoals in I.-mmession of time contmctor upon termination oftlids Agreement and destroy =y duplicate public records that are V) exempt or confidimitial am(.1 exiern tAkarn public records discliusv= requirements r_ P 0 All mmcmrords slored electm,raically must be [Yro,videdto Morwole County iri a lo anat that is compatiblewith the i.iifo iiah,:arl!tlechwllogy�s' telms Of fdorune 10:,H-Int Y All arigin,0 dacwnents requiredby law sit-W] 'be retained by Manager fbr a period of sm years E after Limir ex.piration or sudh other period as nmndatr4J, twlavv. At the end of such retention V) p ef o,d:,Mwiagerznaydestm i y B. Compensation. The Manager shall The compicitsated fbr its sei af,::,cordin to the 9 A. Inim m onth inwhich fees arelied ptiastaiant tin die, Cotmt3es I i Ise of Pri policy, y 0 Manager shal I be enfided to retain the fps as a manngernma f6e. Such f.ee st-Wil rep re-Rez.-it full corrimnsation fbr flie operution and rammgernn,-it of the'bandstands. Z 9., Hiold jfarmWs. Maniq.!,er shall indewif,`y, defend arid save 1(d'ounty hannilless ftorn Liu V) r_ hability, clairns fn suit' ai acaeofwillfllneglinceoirds itntionid torts Ib ta' ager or 0 its emploY ees. To the extent set forth :in t�".S. 769.28 County slWl indmmify deflend and save 0 Mani Wwrfflimss frorn all liability,, clay ns and suits mising out of tlie dutim lawfidly performed .2 1:)y ffie �ana,p'M ..,er under this ap pmancrit oftter thi'm those mising Emm.use of%ilifid negiligence or arm. intentionaltort 'by Mitnager or its i es. FiLatherrnore, to the extent set fbit1h in F.S. W-58.28 E YC :3 V) County shall indernnify i hold t1d.miager, its amq:mIo ,eti officer and iffirectors ("Iruieranities") V)Y , < harmless flo rn all d� lo,",cost�or attorrtWs stainorl accxoi.�snt of. (1) -IS E y danwge to or destmiction of�any property; (2) any injury to or dwth ofany pemon; and 1(3) any error of judgment by Indemnities or any mistake of 'law or fact by Indetrinities. TWs inderruffly pm.visson applirs if the claim am w. out o f the sole.more gulp-ace omanager. Flowever,it sh'Wrl nol apply if it is firLal.ly U-djudlicatedthat an offtc=, directur or home office i ea of 'Y Mana er acted 'with sr 9 gross negh gence (,x.-, willffil misoortdt.H::,�;t. Chvmer a ees, to carry Hability E insurarvice adrq�iate to protect the intmest af`the partim htxttz; and inm1ranceshall bewritten oz., to pn:tect Manager irt'ffic samif,,-,manner and to thie s ame,as it pTjotects Owner. Notwit'haw-Wing the provisirm-s of Sec. "76 ,�28, ,E','Ionid�a :Statates, the Participation �of ffle Cola rot y, and the Maras 1ap prr in this Agreement and the scrim rots i cormnercial liability, insunuicx;,,, E covera 4) ,ge, stft.-hasurwioe coverage, or local r yinsurance pool coverage shall!,,nvernment Haabilit not be d=nied ia waiv f immtinitly to the extent of hF.,Mhty coverage, nor shall anY contract entered, in by the Cot-inty b�e required tio: contain My'PrOVIS]I=for,wikivrx. 2! 10. Warm antles. Mariager Rjy'M,., to in.,ile its best effhrlss to p�erform the servilew requested,of it b, I 'Y 0- Owner in accordmice with 'this Agr,me ntr, biift midkin* no, wunntifs of any kind,, exprm, i CL .;j implied, Midi, respect tio the servilum to be , rov dad hereunder, R14 NO EVENT SHALL P E Packet Pg. 1630 .......... U) WiNAGER... BE L.IABLE TO OWNER F"(A CONSEQUE14 FIAL DAMAGES OF A14Y KIND < 0 "WHA"I'SOF VER. MANAGER'S habilityofth resqxct W its perfor-Umnoe or nonperfoll,"Mance of its obliptions undr,.,r this ,Agre=ent shall in no event lex=. ::d the swrm pfuld to'Manager pursuant U) to: Us Agreement, r_ 0 11D. Termination. Eithii party, ma tite tHs agmment wiffiout cause b 1"Ving I-1110t 1c,"M Y & tium add. i written notice.to flie i., at the addrew spedfied hiffein or at the address ru,ost 'Y E 2 recently provided inwfitin& Notices alwall be deern ems s-afficient if pm-onnily dr.1i'vere-d or serntby U) rel,T,ist,uriW,, me-if. 11. AssignablUty. Nmther partys1oll directly or indire,Wy assign, sell or otherwise tmmnsfer all or any put of thle legal, orbencficial interest or R11 or any, ml of dieri --W or obligations; created�gh ,P bythis,A 91-leo--rni.,m!tw,ithaut rirstotilai ram iran gtlic,-w,ritten,appro,val f'tbeodl::er,. x 0 12. Disptateq. ,Coumi,ty,ai-idMazii[a er agree aiat MJ disputwi, and disagmemieta shall be aftempted to, be rit by mim and confer sessions blehylem rej:ww,,entatives ofmxcli of �'.!bunty and Manager. If no resolution ican - a tx. ed it !n vii 30 days after flie first !irsect and: conf"m 9're", rM sessiioi4 fl-te issue or issues shiall be dismzsrZ at �a ii,iblic meeting of the Board Of COUnty' U) P r_ 0 Commiss'k-mem Ifflie issue or are still notresolved to fl-w satisfachon of County and. 0 Mwmagnr,thm iiny pmuty shall liav iethe right toy sec such relief or rernedy as may be rov,ided by 06 thisAW'-eemvnt,ar'b Modidalaw. r_ Y .2 E 11. EnflreAgre*mwt'TWs Agremnent in.ico Momt,es all o,f"fliete=, coveruints and wnditions :3 U) U) agreed to b,y thr, parties md all pnior and conternporancous agrearients, are su lied ht�:reb 'Mis ,kvcmiera can i bemadified orFunenclediawnting,signed b bothjr,,)arfie& y Y E 14. Severnihifit . If any part of thiq Agrecaltent is dietennined by a ecturt, of competent jurisdiction tine unenfbrcwble� all i Fwts ofthis AgreementsW remain in iftill fkirce and U)U) effect. E 15. IW otlers. All notices, reports sand staternents rexitdred to be sent h d!er to Owner or Mana w.,, by the other ,ihall b m" fi lie to the address set xh h ten!,,,in lo,r such othier address as 9 s1mcified in writing E 0 16.Grovernin Law.This Agreemen gom t shall be veeA by the laws of the State of Florida. 9 2! 17, HRM-1111g.—Amphis asirimment Ihas been carefully revilewed 'Um y fivilanager and the. Count, YN them--�fbre a greement is not to lime covIstrued against eitlier Iparty mmnm the basis of authorsihip. 0 E Packet Pg. 1631 C.30.a RIMMIMISS y,and Nillmagrrhemin hvive wreciinW, .I on'IPA d ., ' first writillen aNvivethri 1(J) I mW� ,Ip ' each Iik)f „wi of rw u � fi 'Jt '��Ihi� IR'4 'll,;lp� �➢9P il, IIA an °i' !IY� '' 'm. 0 BIDARD GF IDDLITICW,14'I L"OhMISSICRI 0 � Y I, W �. N � ilk I�' Mil 11 I�'lIC„IP �I' I il�u�lllllll �p rim��mu II IIIWIWIWIW1111 W 0Il m�i �1III i Y 'I WwuWWWIIIIWIIIW III Y mm� WIIWI Wwuu nu �� IIII 4 Mayor Rir 1, - 'eves � Witnems for CONIM, CTI''(ft TROPICA, ''.,WAIUSPORTS,I JJC... 'rzd lcpfly,Wid Cmpomlion Date: mm1,3 m .m.......m,. Print'Naine 0, ply U) U) it as U) U) CL Packet Pg. 1632 C.30.a 11111111111AV� AMY Hill U) I U) I LiNiiii CPA 0 CLERK OF CIRCUIT COURT & COMPTROLLER A uv.:.reialm U) TO. Dent Flierve, Dirtu:-trw A 77V: B e.!Wb Leto, bto, N�sWgf a W t 6 W�YMIW p � Public fKarAs Division 'a 0 t ithf.-huluuanr 1 8', 21014, aaa.iad of Q,,Rtnty C ommiss aorner'W meeting fll-waNwd granted approvid C) alma fbikswing hernn C14 Property,Manna rmimiu Agreement flor the E.1an stands nrorn Ifiggs Beach, r_ 2 U) U) ��PA�n�4°�� i� ,°/!" "i� ��„ � yinal��Innqi �r ? a ��h"C:" ��� �Nn �N��Y� . a ����W'° w '��nr h �'�� �fi '�n; "�ininld �'oCd � �1'4u�e '�9' '�� U) ques act our ayaW,;: aun mn y Attorney e CL r.,rir r�ir��»�auram»nrrmr»r»»v»w,..oar✓r»rn��i,���»vr�»rarar»arrm »�i»nwamomiirrai»a»m�iariirrrr»,r�»»re»»2o»»»»i»i»iia»sr,,?�,rvnviad..��.a�u;rrmi���r<�; J» �s 500 F 3ar 50,Pfpmpe30 8,94027,ar 305.,2894 �n a� J'gm�n:u)�f�16miaatanN.�-n Key, Packet Pg. 1633 PR()PERTY M,ANA(W'l�,,IME�4"I' AGREEME�i"Y' E This Agrtement is nade and enter,ed into fl-kis day 20141, between MONROE� COUN"FlY, FLORIDA ("County" , as pohfica subdii,ision of the State ()f [1l)rida, Nvhose address is 1100 Siinonton Street, Key We;t, Flonda 33040,1, and Tiupk�Zl 0- Watevspo'ns, [A. . whose addmss is 1717 111ose St., i,"Ari West,, Flonda 33040. CL WHEREAS, tile Cminty owns two covemd, raised, c(I"nien'te StrUdures on Higgs Beach U) kno%Nai as the "Bandstands"- and, CD 2M WILEREAS, C"ounty l,roficy requires dUlt i]!R1iVidLUL1S WiShiVig to Lease ("'bulity PI-opeTty E subi-riit a County"use of ftopeity mquest ffirni; arid, WHEREAS, tire Bandstands ary 1"requenAly used 'xithout C"OLITIty kriuwledge by itulivi(1uals unalwam of'C,ouritly poticy; and, U) U) 0 W11EREAS, County desires to enforce its County use of"property policy in a matmer that is the least restrictive tnit that aflows the C"ounty tc� exer,6se ils m1thoHty ovet- fl-ie U) r_ 0 bandst,ands; arid, to WHEREAS, 'rropcal Waterspoi,ts LLC, opel"ates as couicession seven days as °week on I figgs Beach; and, U) WHEREAS, rropical Watersports is willirig to ,.,t(.,t as the C(iunty's agent and neanag:e flie ustii,of"the,Bai ids ban(113 in atx!ordmice with, C(lunty policy,", and, U) WHEREAS, Vh(-,,, County desires to enter into as 11 rope.ply Management A}yraaaatrraynt with Fr(,pical Watersports, now, therVfibm, E IN CONSIDERATION gal the rnutual pr,oinises and coveriants, set fcm,th below, the puties a.zree as folknvs, L Termi 'l1ris A reement shaR be a nionth to nionth a 9 greement with the ri Opt to terminate E either-puty via m utter Mda: ofice, Y ii 2. Duties of Managei% Comity hei,eby appoints livfanager as its e�icclusive agent Mth the following dLItiC:S: �A, To advei,fisc the it'vailability of the Bandstands oir any [,,)ar,t lhe�-eof in inedia, \vhich, in the 0 CL Manager's sole discr,etton,,11'e SL1iU1b1(,- for the p"opetty and raraar a'ato condition's. B. To i.(Nxive applications and collmt mmi-nfimdable fi es ami/or security dep(,.asits put'suant to the Nfonroe C(ft Use lrity U Of F'Liblic Facilities policy. E Packet Pg. 1634 (1, Fo enswi:e 6u, bcindstands arf.', only used by individual,,s or grotips who luive subtnitted a completed Use of Property applicati(ma along with the appropriate t es and/or deposits, E 1), 1"o contact kxa al law entbreement officers to re(paest rerino,val of a,rlyorte using the Bandstands without first having subanitted as Use of Property tim"tri, F. 117o make inspections ol'the bmdstarids tior darn age fbIlowing any,usle of fl,ke bandstands. 0 R "1'0 44M-M COLITItY Of any dantage or hazardous coriditions f6und IiAlowing any use of the CL bandstands,, G Fo martage, the—['Irq,)e,rty iir� aec4,)roJame vi�iflll standards of reasonalble(111are and ddigence,, '. Ca U) 3. Duties of Courity. County accepts and agrees to perfi)rm, t1he RAlowhag duties: A, goals [(,,a upgrade and rrn-dntai�r-i the Propert, E 13, "Fo pay all expenses inctirred by tile Manage'r, including without limitation, attorneys fees fbr COLUISCI (`1111)10;yed k) represent the Nfimagt,,-r, the Cotinty or both of them in arry proceeding, 2M �,;ontrovcl!rsy or stift hivoNing the property, the ownership or meration thereof'', Nott6ng herein U) U) containe"if shall re( uiire the Manager to einf,'Aoy counsel to represcint the Cotkirty ill ally SLICIA < 0 proceeding or suce [n this regard, to the extent so (,birth in RS" 68,,28 agu ees to mdemnify, def"end and save the Ni4anager harrniess from all claims, investigations, and si.lits with U) re,spect to any allq acftud vi(Oabons of'State, Federal, City or Couinty IaNm� La rs A being 0 ged or , Nk , i ex.pressly cappa-eed and understol)(I that as, [)etween the C"ounty and the Manager,, all persons U) e,rnployed in connection with the Property are enqfloyees of the Manager. However, protection is not aftbrded by applicalile irmlrancel coverage where the clairn is based UI)GII the willf'W U) neghgence of the Manager u)r its ernpt(�uyees. D, `1,11) thi,, extent st,et forth in IFS,, 768.28 indemnify, deq:end and sa.ve Manager harinless fi-oni all, suits iri con unction with the property and ftorn liability for damage to prOperty and injuries to or death ofara elliployee or other person whomsoever, County furthex agree-s that Marrager shall not be liible to Courity, for av,y dainages caused by terrant or others to either interfor or exterior ofthe 2M ?1'01XXIY E, Courity agrms that Manager does riot assunit,111 and is given no msponsibility f'or coinpliance of E the properity or any equipment therein with, the requirements of any statue, ordinance, law, or li repflati(�m'r of anly governmental bo�lfy or of ,' L.r�y p ublic aUth0lit y' Of o fficial thr eeof a,ving, jmisd ction, except to notify C,.otinty promptly or forward to C'minty Inornptly any conilplai�rit,;, wa,mings, notices or surntrionses received by Manager re,hitillg W SLICII MaRCM, C!Wntyrepresents E that to tht," best of:" his/hwr kriowledge the property and. mient comply with all SLIC11 requirements and authorim Mariager to disclose the owriership cat` the property, to any such official and agrees to indemnif' , and save lh.arnfless the Manager, its repin�wsentatives, servants and employees, of and t1rom all Ims, c,<)st, exj!)ense arli�d liability whatsoever which, may puce irn posed on 0 them by reason ofany p i,,,Sent or ffiftire violation or" alle ged v iolation ofsuch laws, ordinancetsar" cdw s, L- CL 01' fVgUUAICMSI E Packet Pg. 1635 4. Repairs and Maintenance. Managm shall regularly �nspect the iiiaterior and exterior of the tiandstands and shall prornpdy inforni C OLAIIty ofany cxmdltion requiring repair or maintenance. E Ma�inger shall (;lose tl-&bandstand(S) Unil'A the rqmir or inaintenance work has been completed. 5. Disclosures. 0- A- County represents and warrants that� CL 1, County is the legal owner of"t[w Property or, legal entity which owns the proTerty and has WH 'u,fllhofity to enter uinto this Agreerrient and to emiploy the Manager under the terms'; of this CO U) Agreenu-ml, 0) 2M m 2, "I"here are aio written or oral agreernents affectfing the managernent of the llropert,Y. 3. To the best of" the County's knowledge, the building, its construction and. operation do no,t E viotate any applicable statu(.-,s, laws, ordinances, rules, regulations, orders, or thqv! like including, hUt not litrifted to, those rela6iig to hazard(')LIS 01' t()XiC stibstanc,,es, 4,, To the best ot."the Coun y's knowledge tht� bandstands do not contain any toxic substances such as, bUt rkOt hmiWd to: Lead based paint asbestos, tirea, fbnnaldehyde, radon, or other U) hazar,"dous Klbswnces and that no unsafa condition ex�sts ex(IVIA, as disclosed hi writing at tf�e 0 time ofthis agreement, 11 Manager represtmts ind warrants Ilat: U) r_ 0 I, Manager, frogn tinu,,, to firne, employs personnel as max[agers, inaintenance workeii.s, clencal and ICCOUnting staff, In such event, ,itich persormel shall Ibe deernc�d, for afl puu-poses, thaaa etnploytes of the Managcj% All einployee cOrnpensation, taxe aad other benefits filicluding j�x,iynAl and bookket-ping costsshalf be paid thr(,n,igh the Manager's ii,"entral pay'roll account, U) 6. Accounts and Reports,, Manager shall pa(I)are and fiurk)iSll, tO CIOU13ty, numithly statements of" a]l fixs and/or security deposits n uXeived ai3O disbursed on or around the 2(P' day of' each 111011(h Offl IC SUbJ eel. activity, U) 0) 2M m 7. Records Retention. Pursuant to Florida Statule §119,0701, Manager shall corriply witil all public records law's oft he State of `lorida, including but not hmited to- E (a) Ke:q) and maintain public, records that ordinarily and would N:. reqUired bye'Monroe Count ki the perfbt-niance ofthis Agretmnent. Y E (b) Provi4le d ua 1.)ublic with access to public recuuds on the same terms and cui,ixfifions that Monroe CouWy °lwould provide the records and it a w,.ost that does not exceed the cost provided in, I'lorida Statutes, Chapter 119 or as othemise 1,)rovided by law, 0 L- CL (c) EIISUre fluat public records that are exeimpt or eonfidenfiail and exenapt ffiml pubfic records disclosure requirements arel, not disclostut except as auflxxo-'ized by, laviA, E Packet Pg. 1636 (d) �,Vleet all requirements f'or retaining pubbe rcoords and transfer, at no cost, to Monroe Coutity all public records in possession mJf tire coWractor upon E lermination of this At, tl�tonent and destroy anY duplicate public records that are exenipt or confidential and exeml.A froria public recoi ds disclooure requirenie sat s. Ali records stored electronically must be Fxrovidexi to Monroe C"OLIVIty in as fbuIm,,.,tt 0- CL that is compatible with t1w ir�ft�mnafion wvhniology systeiri,s of'Mormroe County, All original docurnt.Ints required by law shall be retained bY Manager f"or a l,�Wriod (',dsix years CO U) alter their expfination or such other period as niarudated I)y law,, At the end of such rctention period, Manager mily destroy or otherwise dispose of all sm.'I"i docummmits. 8. Compensatioliti, JIte N4,anager shall lx., compensated for its services according to the E following sehedule� k In any inonth in which fives are collected pursuant to th( County's Use of Property policy, Manager shall be entitled to retain the, f1ces as a autinagernent, R,,,e, Such fice Awl] represent fuli U) U) cornpensafion for the operation and managernent of the bandslands. < 0 9, Hold Harm.less. Manager sh.a.fll indernnify, def�nd aaaau.l save County harmless ftom all U) r_ fiability, claims and suits arising becaLISC OF Willfill 91Cgligence or interitional, torts by Manager or 0 its ernployees. "To the exte,lit set ftirlh iri FS. 768,28 County shall indemnity', defend and save Manager harniless firom all fiability, clairns and suits ariSillg OLIt of the (Jufies lawfiffly perft�mned 1�,)y the Managel" Under this a, cement otfwr than those, ari�,,,,ing bo,,,,cause of"willful riegligence or an intentional tort by Manager or its employm,;. Furthermore, to the extent stl ffirth in FS. 768.28 (7ounty shall indernnd� and li�old Manage-r, its employe�es, officer and directors,, ("Inderrinities hwi�rfless flrom all damage, loss, cost or attornt:T's fees Indemnities may sustaill on account of, any d,amage to or destruetk it of any properry; (2) aruy. injury Io i:)r de,ath of any person; arid (3) CO any error of judgment by, Indemnities or any nristake of law or fact Iby Indemnities. This indeiinnity provision appfimN ifthe clairri ar°ises out of."tie sole, negligence of Manage"r, However, it 2 sliz,111 not apply if it is finally adjudicated that an officer, dirtxlor or', home offlice ernployee of Mmager acttxi with gross negligence o rr willfid rniaaconduct. Owner agees u) carry lial-,)ility E insurance adequate to protect the 611terest gad the patlies hereto; ar,id insurarv,X shall be Written as to protect Manager in the same niariner arid to the sarne as it protects Owner. M.)twithstanding the 1�urovisi ons of Sec, 768.28, Florida, Statutes, the, pal1icipaition of the County E and the Manager in this Agreement and the acquisition of" any (aonnnercial liability il'I'Mrance eoveragc, self-h'isuramlx coverage, �ar local government liability insurance pool cx)verage shall not be deerned as waiver of imnaunity to the extoit of' hatiflity co%reraj:,:e, nor shall an.y contract enteired irito by the County, [w ir%Na.dred to) contain any provision fbir waiver. 0 101. Warrantkm. Manager atgrees to List, its best e,ffi'Mls to perfimil the stn"vices requested of it 1,�y CL Owner in iccordamlx,v with 0-tis Agreement, but dry akes no warranties of any kind, express or knj,-Aliecl, widesj-i r ,mxA N�) tl�c services to tw provided hereundm. IN �,40 EVE'sVI"' SHALL E Packet Pg. 1637 MM'4AGER 13E" LIABLET'O OWNER. KIM. DAMAGES (HANY DID WHA'"I'SOFIVER, MAP,4AGER'S fiability with respect to its performance or noriperfi)rmance of" E it�s obligatiOlIS Under this A tare ernerit shall in no event excet,:A the su,ttas paid to Martalger 1XIT'SLIant tau this Agreenient, 0 L- CL 10. "Fermination. Eithe� party may tenninate thas agreernent witkiout (,"ause by giving riot kiss dmn thirty chlys written not'kv lug die otirler at the address specified herein or at tau eaddress mlost recently provided in writing, Notices sl afl be, deerned sufficient if"personally delivered or sent by U) ra Igaistert!d Inail, 11. Assignability. Pqc�ith�:X party shall �Jirecfiy or indire-ctly assigrii,,, s(Al or otherwise transler a Mll, 4) E or any, part, ofthe legal or beneficicd interest or all orziny pail, of the rights or, obligations, created by this Agreeiinent without first otAairritng the writto,n approval of the otfwr. M 2M 12. Disputes. County and Manager agree that all disputie s and disapeements shall beatteirnpliu U) l U) to be resolved by irjeel iind confer sessions [,)etweetr repTesentatives of each of County and 0 Manager,, If no resolution can be agreed upon within 30 days after the first ineet and e(�)ntk-r M session, tire issue or ISSUes shall be discussed at a public niveting of the Board of' County U) M 0 If the issue or issues are still not resi)lved to the safistliction of" County and Manager, flien any party, shaEl have the rigdit to seck sucb relief or reiriedy as may be provided tiy this Apvement or,by 1�1orida, law, M 49 U) 'a 13. Entire Agreement. This A yyeement iricorj'uorates all of"the terms, covenan �o ts arid �, u'idifi Mons agree([ to by the parties and all 1,.Yrior and contemporaneous agreernents are superseded herelry. "T'Itis Agreeinent can onloi bt.0 inodified or amended in writing, signed by both, pail" les, U) 14. Severability. If' any part of this Agreemrunt is de ernrined by a cou.rt of' cornpetent JU,risdictiuri to Ex all other, parts of this Agireen-liew sliall reirtain in full fi)r-ce and M eMet, 4) E 15. Notilces. All notices, reports arid statements re(.juired to be sent here tinder to 0%viner or Martager 1.)y the other shall be mailed to the, address set forlh herein or such other, address as M 4) specified in writing. E M 16. GoveriAng AgTeernent uuhall be governed by, the laws oftht State of Flu orida. 17. Mutual Review. This agreenient has been clareffilly reviewed by Manager and the C,'OUJAY, 0 L- therel'bre this agreernent is riot to be coristnied agairm either,party on the basis dal" Ulthorship, CL -;j M 4) E Packet Pg. 1638 C.30.b IN ESIS WHEREOF' County wid Matmgerhereto have w:,kno this �� ��� first written above in three ( ) ccounterparts, each hic-li shell, wilhout proof cur ; r the other ot t rp : yu be(Imnied an origilull contnict. E PACL u w r a a l d.3 1 IDA By ° .. Mayor Pro,-Illem. Wilzu,lsses "CONTRACTOR, TROPICAL WA„' ERSP WIS, LIX Signature, SipatuWof penon authorized to 14 pally hied Corlwation 49 IT le A K i �""�.D a 1v f�, " fl 2m 0 L- CL Packet Pg. 1639 AMY HEAVILIN , �l � v CLERK 111F CIRCUIT COURT COMPTROLLER E COUNTY,FLORID I V0 f% A " M`: ,tcanznscnn 23, 201 .® MY WAS lN1'n."w one � A 7'7N.,, !Bantle l,c°tcn, Assva lanannt l:irc°ctr;av l'ublic Works, Division .0) " l,malvc>r lmllacn4 It c° 0 t tlme .Cnnrrmwry IA 2014, 13(mid nmB°t:"hurHy (brauinissKnc is mee6ng the lVaml punwd :�Wpn)val ti crl`the Wc.mnwrdg'g ltcsrrm ( 14 Pucrpcnl,l Adaranug ,men t lkgwcnwnt lean°the Bannrablarn"mds cn'rm lbgg s llc:a ch. � Ellc lo,sed is (a duplic°aate aanr i,"',inal of t e vacn.cu- hu ndlinng, Should vole have aqv � alnac m`ticann, plc'asc>!a ced have tee c°wauct (,),ur gftic�°c Cllc: t.'c unl y Atlor•nncmy 1"irnanc F11c ri o tra')x mc, Key Wa,'s`'n, n n a mcr nna wrd","F'Re..,ti4.r.A ._95 3.n3tn n'tblt. 305.295 nn-wna,.n � 3 1 1 7 0rarsee >Highway, Moratho?r, n'? 33050 Phone,305.289-602 J nsx ti .5 289 602.. 888,?0 mrwve^ ,eaas Highwea,t Phsnnarnna n Key, H 33070 Phone:8157145 Fax: 305152 714 Packet Pg. 1640 U) 1� 0 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS POLICY FOR USE OF PUBLIC FACILITIES,ROADS,BRIDGES, COUNTY MEETING ROOMS,AND THEATER MONROE COUNTY,FLORIDA .2 a 0 GENERAL RULES AND REGULATIONS: E 0 Any individual or organization requesting the use of a County facility, building, park, beach, road, 4- bridge, airport, meeting room or theater MUST complete the "REQUEST FOR USE OF E COUNTY PROPERTY" form (attached to this policy as Appendix "A") and return the original to the County Department manager, supervisor, or director responsible for that facility and also provide a copy to the Risk Management Administrator, 1111 12 St.,4"Floor, Suite 408, Key West, FL 33040 no later than Five (5) working days prior to the desired date of use of facility. If a public 0 assembly permit and/or extensive coordination with other County Departments, the Sheriff's office, or State Department of Transportation is needed, the original REQUEST FOR USE OF COUNTY PROPERTY FORM must be submitted no later than ten (10) working days prior to the desired date. The individual or organization must also sign and submit the original "EVENT AND USE U) OF COUNTY PROPERTY HOLD HARMLESS AND INDEMNITY AGREEMENT" 2M (attached to this policy as Appendix "B") to the Risk Management Administrator no later than five (5) working days prior to the desired date of use of facility. E 1. FEES: Fees apply to all agencies excluding one—time uses only,divisions or departments of any local, state, or federal Government Agency. Divisions or departments of any non- County (whether local, state, or federal) Government Agency shall pay the same fees as all other external users for all uses subsequent to the first in a series of recurring uses. Fees are 2M U) mandatory regardless of an organization's non-profit status, with the exception of Monroe U)< County School sponsored functions, all sports leagues, Fitness events with 500 or less 0 participants with the exception of subsection I(C), and the use of Library facilities. The County Administrator or his designee is the only individual authorized to waive any U) applicable fee. 0 A. Fees for the use of County property are stated on pages 8, 9, and 10. If there are regular County admission fees to the facility, those fees will be charged in addition to the group user fees. X B. If the organization, group,etc., proposes to charge an admission fee greater than $10.00 per person, then the admission charges must be approved by County Administrator. See Appendix "A". 0 C. If a fitness event (regardless of the number of participants) proposes to charge an 0. admission or registration fee greater than $50.00 per person, a "per person" fee and a r_ cleanup/dump fee will be assessed as outlined on page I I of this policy. :3 0 0 D. Any organization that impacts normal services to the facility will be charged the cost qN , 0 above normal expenses for using the facility, in addition to the fees assessed per the 0 U) schedule.The charges will be assessed by the County. A fee schedule is included below. :3 co T_ E. Groups whose only purpose for the use of the facility or property is for improvements Q cm (ex. planting shade trees), shall not be required to pay user fees, however, they will be responsible for cleanup and dump fees. If part of the purpose is for facility or property improvements (ex. planting shade trees and holding a tree selling event), the County shall determine a prorated fee. E F. If an event requires additional time other than what was originally stated on the request and for which the location was reserved, the additional time owed the County will be < invoiced at the applicable rate. Should any individual/group not pay these additional I Packet Pg. 1641 U) 0 charges, then they cannot use any County facility until the County has been reimbursed for these charges. Non-payment of any invoice by any group, organization, agency, sponsor, etc. will result in that group, organization, agency, sponsor, etc. not being able to use any County facility until full payment for any and/or all outstanding invoice(s) .2 has been received by the County. a 0 G. There are no fees for Memorial services. E 0 H. For purposes of the provision that other governmental agencies shall pay for all but the I- 4- first in a series of recurring uses, recurring shall mean that the agency schedules at any E given time more than one future use or that the scheduling of uses for that entity becomes a de facto pattern of recurring uses. 2. INSURANCE: Groups/organizations/sponsors/individuals shall be required to execute an 0- original EVENT AND USE OF COUNTY PROPERTY HOLD HARMLESS AND 0. INDEMNITY AGREEMENT (Appendix "B") and furnish q[jgfinal insurance certificates naming Monroe County BOCC as an additional insured (except for Worker's Compensation), unless these provisions are waived by the Monroe County Risk U) Administrator. Groups utilizing a meeting room do not need to furnish insurance 0) 2M documentation, however, they are required to execute the Hold Harmless/Indemnity Agreement. E Risk Management will determine if coverage may be needed as follows: • Worker's Compensation • General Liability • Vehicle Liability 2M U) • Aircraft/Watercraft Liability U)< • Liquor Liability (if applicable and necessary) 0 All organizations must comply with the insurance requirements provided by Monroe U) r_ County Risk Management. Contact the Risk Management Administrator at 305-292-3470. 0 3. 250 + PARTICIPANTS: All functions expected to exceed 250 participants/spectators for more than one (1) day events are required to contact the Monroe County Planning Department as well as the Monroe County Facilities Maintenance Department to obtain a X Public Assembly Permit. (Ordinance No. 030-1996) 4. ALCOHOLIC BEVERAGES: The use or sale of alcoholic beverages shall be prohibited 0 unless prior approval is obtained from the County Administrator or his designee. The County Administrator or his designee is the only individual authorized to waive this prohibition or fees. The request for waiver must be submitted to the County Administrator 0 or his designee no less than ten (10) working days before the event. The sponsor will be to responsible for concurrence with applicable state permits and additional insurance as may be required by the Monroe County Risk Management Administrator. If alcohol sales, U) possession, or consumption is approved for the event, the sponsor must arrange and provide co for certified law enforcement personnel or a licensed and bonded security detail at the event cm in the number and manner required by the County Administrator or his designee. Proof of the security arrangement must be provided to the County Administrator and Risk Management Administrator before the event may take place. In accordance with Monroe County Resolution No. 156-2001, the following fees must be collected from the non- E Policy for Use of Public Facilities ScrAember,2018 I Packet Pg. 1642 U) 0 charitable organizations or social event sponsor before the County Administrator may accept an application for the per event sale of alcoholic beverages on County-owned property: Number of persons expected to attend the event: Fee: .2 a 1-20 $10.00 0- 21 -50 $20.00 E 0 51-100 $40.00 101 or more $50.00 E Fees must be sent to the County Administrator, 1100 Simonton St., Suite 205, Key West, FL 33040. 0 5. TRAFFIC CONTROL: Events, projects,etc., affecting or occurring on any road or bridge CL must be pre-approved by the Monroe County Engineering Department. The use of off duty police may likewise be required. Coordination with off duty police is the user's responsibility and shall be coordinated directly with the police agency. In addition to the ca U) direct costs for a deputy, the Monroe County Sheriffs Department is required to charge 0) overhead costs. Proof of coordination of traffic control arrangements must be provided to 2' the Risk Management Administrator prior to the event. E 6. BBO GRILLS: Groups/Organizations/Sponsors/Individuals wishing to utilize a personal BBQ grill other than the grills supplied by the Monroe County Facilities Maintenance Department, which are permanently placed at the beaches or parks, will require approval from the County Administrator or his designee prior to event. Groups are responsible for 2M disposal of personal grills and charcoal. U)U) 0 7. RECYCLING: Any and all events from any group and/or organization, profit or non- profit, requesting use of a County facility, property, building, theatre, park, beach, road, 0 U) bridge, airport, or meeting room must comply with Monroe County's recycling efforts. Any r_ 0 and all garbage/waste/debris generated by the organization using County property as defined above must be managed properly with all recycle materials separated and placed in marked "recycle" collection bins. Plastic, cans, etc. must be disposed of in the appropriate containers provided by Monroe County. X In the event that there will be a large quantity of recycle materials generated or for any function expecting 250 or more attendees/participants, the requesting group shall be responsible to provide extra trash and recycle collection bins, i.e. if additional trash 0 receptacles are needed, a recycle bin must accompany each additional trash receptacle, and ensure that they are placed in the appropriate area for pick-up by the waste management contractor. Within thirty (30) days after the event, the responsible person shall submit a 0 report to the Monroe County Solid Waste Department, I 100 Simonton Street, Room 2-23 1, Key West, FL 33040 providing the total amount of recycled material, measured in pounds, 0 gallons, tons; and the name and address of the recycling facility within the County. 0 U) :3 co 8. MEETING ROOMS (EXCLUDING LIBRARIES) AND THEATER: Organizations requesting use of meeting rooms are subject to all the above rules and regulations. Monroe cm County meeting rooms will be available primarily for use by the County and, on an ad hoc and non-recurring basis, other local, state and federal government agencies. Use of meeting rooms will also be available for organizations that represent the interests of the public. In E Policy for Use of Publiz Facilitics 3 September,2018 Packet Pg. 1643 U) 1� 0 a the event of conflicting dates, use by the Board of County Commissioners and other County E entities will take priority. A. Meeting rooms and/or theatre may not be used before 8:00 a.m. or after 11:00 p.m. .2 B. County personnel will ensure the room is opened in the evening and locked at the a 0 conclusion of the meeting. E C. Most of the equipment in the meeting rooms and/or theatre will not be available for 0 4- general public use. County staff will make available lighting, air conditioning, and a W public address system, if necessary. E D. All requests for equipment shall be made at the time the room is reserved. Special requests for equipment after reservation or during a meeting may be denied. 0 E. Facilities shall not be used for personal or private profit, aggrandizement, political CL fundraising, or advertising. F. Smoking and alcoholic beverages are prohibited. U) G. Unless scheduling of recurring events occurs pursuant to a formal comprehensive CD agreement executed by the user and the mayor after approval by the BOCC, there shall 2' be no scheduling of use of a meeting or conference room more than twelve (12) months in advance of the proposed use. E 9. COUNTY LIBRARIES: Use of Conference and Multi-Purpose Room and Audio-Visual Equipment: 2M A. LIMITATIONS: Use of Library facilities is open to programs sponsored or co- U) U) sponsored by the Library, to Monroe County, State and Federal governmental agencies, < 0 and to public meetings held by groups headquartered in Monroe County, which are civic, cultural, educational, intellectual, or charitable in nature. Such use does not U) imply Library endorsement of the aims, policies, or activities of any group. r_ 0 Application for the use of any meeting room will be made with the respective Branch concerned. However, final authority for use of space will rest with the Senior Library Administrator. B. REGULATIONS: The following regulations apply to all programs scheduled in Library facilities: X 1. All programs must be free of charge and open to the public as space permits. No 1� 0 collections may be taken or sales made. Library facilities shall not be used for a 0 personal or private profit, aggrandizement,or advertising. 2. In case of exhibits, the Library shall not be held responsible for loss or damage, and any insurance arrangements will be THE RESPONSIBILITY OF THE 0 0 EXHIBITOR. Exhibitors will be required to sign waiver forms and follow Display Policy. U) 3. Sponsors may be required to execute a "hold-harmless" agreement and/or furnish :3 co appropriate insurance naming Monroe County as additional insured for certain cm types of programs, in compliance with the "Use of County Property" policy and procedures. 4. Monroe County governmental agencies take preference over outside groups when scheduling the use of meeting rooms. Once an outside group has booked the E Policy for Use of Public Facilities 4 September.2018 Packet Pg. 1644 U) 1� 0 room, however, every effort shall be made to avoid a forced cancellation in favor of the County agency. 5. Refreshments may be served only by permission and special arrangement with the library director. Smoking and alcoholic beverages are prohibited. 6. The Library reserves the right to cancel or reschedule any program or exhibit when 0- necessary. E 0 7. A key is available for meeting room use outside of regular Library hours; Library 4- .W staff will explain the procedures for such use to interested applicants. A registered E designee of the group must be present at any such meeting, to be responsible for the key and adherence to the procedures. 8. Maintenance employees are not available to organizations at any time. 0 Organizations using the meeting room are responsible for any needed arrangement 0. of furniture before their meeting as well as rearranging and cleaning of the meeting room at the conclusion of the meeting. Monroe County governmental agencies are responsible for making their own arrangement with the Public Works U) Department for such duties and are required to restore the meeting room to its 0) 2M original condition within a reasonable amount of time following the meeting. 9. Rooms may be booked up to one year in advance; booking is done on a first E come/first served basis, with public agencies having priority. 10. The audio-visual equipment owned by the Monroe County Public Library may be used within the library facilities, with a signed designee of the group to accept 2M responsibility, but may not be loaned to leave the facilities. U) U) 10.MEETING ROOM LOCATIONS: 0 The Gato Building The Harvey Government Center(2) U) 1100 Simonton Street 1200 Truman Avenue r_ 0 Key West, Fl,33040 Key West, FL 33040 (305) 292-4441 (305)292-4431 Key West Library wMarathon Government Center(2) 700 Fleming Street 2798 Overseas Highway X Key West, FL 33040 Marathon,Fl,33050 Contact: Reference (305) 292-3595 (305)289-6036 Marathon Library Islamorada Library 0 3251 Overseas Highway 81550 Overseas Highway 0. Marathon, FL 33050 Islamorada, FL 33036 (305) 289-6098 (305) 852-7163 0 0 Key Largo Library Big Pine Key Library qN , 0 101485 Overseas Highway 213 Key Deer Blvd 0 U) Tradewinds Shopping Plaza Winn Dixie Shopping Plaza :3 co Key Largo, FL 33037 Big Pine Key, FL 33043 (305) 852-7164 (305) 872-0992 cm Big Pine Key Park Community Center 31009 Atlantis Drive Big Pine Key, Fl,33043 E Policy forSepternbm 2018 Packet Pg. 1645 C.30.c U) 0 (305) 292-4431 MEETING ROOM AND THEATER LOCATION: Murray E. Nelson Government&Cultural Center 102050 Overseas Highway, MM 102.5 Key Largo, FL33037 (305)852-7161 0 4- * Groups of 15 people or less will not be allowed to schedule the meeting room located at the Marathon Government Center. The Monroe County Department of Emergency Services has precedence for the use of the Marathon Government Center meeting room. 11. Permission to use County property shall not constitute a waiver of any local, state, or CL federal laws. 12. Damage done to any County owned equipment or property during the time the Countyca property is utilized by the organization will be the responsibility of the user individual or organization to promptly repair and return the property to equal or better condition than the property was in before the event at no cost to the County. 13. Approval of REQUEST FOR USE OF COUNTY PROPERTY is based on availability. Monroe County reserves the right to deny any request based on the availability of property being reserved for use and the availability to properly staff any event or non-government ' function. In the event of emergencies or the necessary scheduling of special BOCC meetings,events may need to be rescheduled. 14. INDEMNIFICATION AND HOLD HARMLESS: The Organ ization/Individual covenants o and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or �? by reason of the Organization/Individual utilizing the property governed by this agreement. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. X 15. FEES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE. CHECKS O MONEY ORDERS ARE TO BE MADE PAYABLE TO MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. 16. For information on requesting the use of County Property for PARKS,BEACHES, ROADS AND BRIDGES, AND THEATER BY AREA, please contact the following: LOWER KEYS: 0 0 Monroe County Public Works Facilities co 3583 South Roosevelt Boulevard Key West, FL 33040 PHONE: 1-888-227-8136 (Toll Free throughout the Keys) or 305 295-4385 MIDDLE KEYS: Policy for Ux of Public Facilities 6 Septerrrber.24883 � Packet Pg. 1646 U) 0 Monroe County Public Works Facilities E 10600 Aviation Boulevard Marathon,FL 33050 PHONE: (305) 289-6036 .2 a UPPER KEYS: 0- Monroe County Public Works Facilities E 300 Magnolia St. 0 4- Key Largo, FL 33037 W E PHONE: (305) 852-7161 17. For information on requesting the use of County Property for AIRPORTS, please contact the following: 0 KEY WEST INTERNATIONAL AIRPORT 3491 South Roosevelt Boulevard Key West, FL 33040 U) Phone: (305) 809-5200 0) 2M MARATHON AIRPORT 9400 Overseas Highway Marathon,FL 33050 E Phone: (305) 289-6060 2M U) U) 0 U) r_ 0 0 0 0 U) :3 co cm E Policy for Use or Public Facilities Septenibcr,2018 Packet Pg. 1647 C.30.c U) 0 FEE SCHEDULE STING ROOMS AND THEATER Fees will be charged for use of the premises when such use requires the expenditures f County funs which would not be expendedexcept for the act of makingthe room available for such use. This charge shall compensate a government forte provided servicefees will be adjusted annually to reflect current costs. 0 4- FEES ARE NON-REFUNDABLE and are due in the County Administrator's off7ce at least W TEN (10)DAYS PRIOR TO EVENT Excluding small meeting rooms Checks or money orders to be made payable to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CL MEETING ROOMS AND THEATER(EXCEPT small meetinz rooms-see below) Monday through Friday 8:00 am— Evenings (5:01 pm— REGULAR 5:00 pm,excluding OVERTIME 11:00 pm),Weekends HOURS holidays HOURS and Holida s Facility Charges Facility Charges Per Hour Per Hour One Maintenance One Maintenance Technician Technician . Facilities s $ 1 5 Facilities Costs $ 16.5 U) Total Hourly - Total Hourly Chargesegular Charges Overtime Hours WITHOUT Hours WITHOUT U) Channel 76 $ 50.99 Channel 76 71. One Additional One Additional Maintenance iten• c Technician per hour $ 40.49 Technician per hour .7 Total Hourly Total Hourly Charges Regular Charges Overtime Hours Two Hours Two Technicians Technicians WITHOUT Channel WITHOUT Channel CL 76 $ 91.48 76 $ 131.98 Two Additional Two Additional Maintenance Maintenance Technicians per Technicians per r hour 121.48 U) Total Hourly Total Hourly co Charges Regular Charges Overtime cm Hours Three Hours Three Technicians Technicians WITHOUT Channel WITHOUT Channel 76 $ 131.97 76 192.72 Mi;;fa N"ar7 " l mimu , m.1i,. .................. s ........... ...... al. ...... ..... ,. Packet Pg. 1648 U) 1� 0 a The number of technicians needed will be determined at the discretion of Monroe County by the E size and t pe of event. Should more than three (3) technicians be required fora event, the stated 0 y rate above would increase by the respective applicable regular rate of $40.49 or overtime rate of $60.74 each our. .2 The fee for use of a small meeting room is holds a maximum of ten (10) people or less is a 0 $50.00 per hour(business hours only). E To ensure time accuracy, the maintenance technician(s) will record his time on a time sheet which 0 will then be validate oth the technician(s) and the event representative by each signing the E time sheet daily. CHANNEL 76 RATES: 0 Television coverage is available only for pre-approved County activities. Any other governmental agency must obtain prior approval from the County Administrator. One (1) hour for to the meeting is needed for the setting up of equipment, and one (1) hour after the meeting is needed for the breakdown of equipment. Hours, including set-up and breakdown, will be charged at the rates below,assuming Channel 76 staff is available at the time of the activity. 2 Monday through Friday 8:00 am—5:00 Evenings(5:01 pm— E REGULAR pm,excluding OVERTIME 11:00 pm),Weekends HOURS holidays HOURS and Holidays Channel 76 Per Channel 76 Per Hour Hour 2' One T.V.Technician $ 38.88 One T.V.Technician $ 58.32 Equipment Costs $ 154.45 Equipment Costs $ 154.45 0 Total for One Total for One U) r_ Technician for $ 193.33 Technician $ 212.77 0 DOES NOT INCLUDE MAINTENANCE TECH(S), FACILITY COSTS,MEETING ROOM 0 OR THEATER FEES, TAPE DUPLICATES OR SPECIAL POST PRODUCTION COSTS :6 COSTS DO INCLUDE A T.V cAmERA, TECHNICIAN,AND T.V.EQUIPMENT. 0 L_ CL 0 0 U) :3 co C14 E JZ11C TZ7;1ir Se m 2018 9 piank I Packet Pg. 1649 C.30.c U) 0 FEESCHEDULE BUILDINGS,PARKS,BEACHES, ROADS,BRIDGES, & AIRPORTS FEES ARE NON-REFUNDABLE and are due in the County Administrator's office at least TEN (10) DAYS PRIOR TO EVENT. Checks or money orders are to be made payable to MONROE 0- COUNTY BOARD OF COUNTY COMMISSIONERS. Admission fees that exist will also be charged. The County may require security fees and other fees related to the nature of the event at these locations. The County Administrator or his designee may waive fee payments. Along with its W Request, the event sponsor is required to submit to the Public Works Department a diagram of each of the facilities and areas that is intended to be used for the event at the park or beach. • County Buildings and Airport Terminals: CL Monday through Friday: 8:00 a.m.—5:00 p.m. $100.00 per day Hourly Rate Before 5:00 p.m. $15.00 per hour Hourly Rate After 5:00 p.m. $20.00 per hour ' Weekends and Holidays: 8:00 a.m.—5:00 p.m. $150.00 per day Hourly Rate $20.00 per hour • Roads &Bridges and Airport Grounds: 2' U) Monday through Friday $100.00 per day U) Weekends and Holidays $150.00 per day • Parks & Beaches: Groups requesting to reserve a portion of any park or beach will be charged a per person fee as listed below, along with clean up fees stated below. Children, 12 years of age and under, will not be charged and are exempt from paying the fee. X 01-50 Person(s) $2.00 per person 51-100 Persons $100 flat fee Over 100 Persons $1.00 per person,capped at$1,000.00 CL Tennis court may be reserved for a half day 8:00 a.m. to 1:00 p.m. or 1:00 p.m. to 6:00 p.m., or for a full day 8:00 a.m. to 6:00 p.m. at the following rates: 0 $50.00 for a half day; $100.00 for a full day. 0 U) One (1) Picnic Table may be included with any Parks & Beaches reservation, and $10.00 for co each additional table. cm At least ten (10) days before the event, the sponsor must provide the Public Works Facilities Department with a diagram showing which tennis courts and picnic tables it wants to reserve. {'olicy for tlsr of 1'ublie E'atr flftei0 w Septcnibcr.?Ul Bp Packet Pg. 1650 C.30.c U) There may be conflicts with reservations so the sponsor is not guaranteed any particular court or table. • Clean up and dump fees: Clean up and dump fees will be assessed based on the size of the group: 01 —50 Person(s) $50.00 51 — 100 Persons $75.00 0 4- 101-250 Persons $100.00 More than 250 Persons Must contract with Waste Management or other approved vendor to provide dumpsters& recycle bins and for removal after event CL • Bernstein Park Community Rooms: a, Groups requesting to reserve a room at the community center will be charged a per person fee, along with a clean-up fee stated below. Children 12 years of age and under will not be charged the per person fee and are exempt from paying this fee. 7:00am - 3:00pm $1.00 per person +$50 clean up fee 0 3:00pm— 10:00pm $2.00 per person +$50 clean up fee Each additional room added to the room reservation will be$30.00 U) U) Roman Gastesi, County Administrator 0 U) (September 2018) 0 X 0 L- CL 0 0 U) 00 0 Policy for Use of Public Facilities 1 l September,201 a Packet Pg. 1651 MONROE COUNTY BOARD OF COMMISSIONERS EVENT AND USE OF COUNTY PROPERTY 3: HOLD HARMLESS AND INDEMNITY AGREEMENT 0. For and in consideration of having been granted permission by the Monroe County ' Board of Commissioners, CountyAdministrator, and/or Assistant County Administrator, nr � his/hcr designee to hold an Event within Monroe County limits or on Monroe County property, the Undersigned on behalf of the organization hereby mgmceo on behalf of the � organization, to protect and hold harmless Monroe County, its subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives and agents from (\) any claims, actions or uaumcm of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, CL dunmogc. Fine, penalty orbusiness interruption, and (i|i) any costs orexpenses 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 Undersigned or any of Undersigned employees, agents, contractors or other invitees, (B) the negligence or willful misconduct of Undersigned CD or any of its employees, agents, sub-contractors or other invitees, or (C) Undersigned's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except inthe extent the claims, actions, causes n[action, litigation, proceedings, coots 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 Undersigned) arising no� . ' oyor occurring in connection with the event or the use of County property described herein. The Undersigned also agrees to protect and hold hanu|coa Monroe County, its U) subsidiaries nruO5|iateu c�cc��d and appointed officials, employees, volunteers, rnprnscnCodvco - , , , . �0 and agents from any present, past or future claims which may be asserted by this.organization, or any member of this organization or any participation or third party arising out of or occurring in connection with this event or the use oy County property. That as the consideration of the County entering into this Agreement with the Undersigned, it is agreed and understood that the Undersigned shall indemnify the County against any and all claims or expenses or losses of any type, which are related to or arising from the participation of the Undersigned in this event. The Undersigned agrees and understands that X a part of said consideration for this Agreement shall include the Undersigned's promise that any rights to bring suit against the County and any rights to compensation therefrom on any matters arising from or otherwise related to Undersigned's participation in this event have been knowingly and willingly relinquished by the Undersigned under this Agreement. CL The Undersigned therefore agrees to save harmless, indemnify, and defend the County, including its subsidiaries and affiliates, its consultants, agents, volunteers, elected and appointed officers, and cnnp|oycca from any and all claims, suitu, actions, damages, expenses, losses, penalties, interest, demands,judgments, and liabilities claims and related expenses in connection � with the loss thereof, and costs ofsuit, including attorneys' fees, for any expenses, damages, :3 co or liability incurred by any of them, whether for bodily or personal injury, death, property donooQc, direct or consequential damages, or economic |oaa or use thereof, including environmental impairment, arising directly or indirectly on account of or arising out of the Undersigned's participation in this event or the use of County property. The Undersigned's obligation shall not be limited by, or in any vvuy to, any insurance coverage or by any provision in or exclusion or omission from any policy oyinsurance. The Undersigned agrees 10 pay on behalf of Monroe County, uawell as provide u legal defense for the County, both of � Packet Pg. 1652 Event and Use mfCounty Property Hold Harmless And Indemnity Agreement 0 which will be done only if and when requested by the County, for all claims made. Such payment on behalf of the County shallbe in addition to any and all other legal remedies available to the County and oho|| not be considered to be the{Couniy`aexclusive remedy. ' Or in the case of another Govern meaLagencl I- The as a state agency or subdivision defined in CD � Section 768'2Q, P(orida Gt-aduteo, a0nces to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions, or intentional tort)ous actions, vvhiob result in claims ocsuits against either County or ^ and agrees to he liable to the statutory limits for any damages proximately caused by said acts or omissions, or CL intentional tortiouxacts. The County, as u pm|bico| sub-division of the State of Florida, as defined in 8coboo ~~ 768.20, Florida Statutes,agrees to be fully responsible tothe limits set forth in such statute for its CD own negligent acts oromissions, or intentional 0ortious acts,which result im claims orsuits against either the or County, and agrees to be liable to the statutory limits for any damages proximately caused by said acts or omissions,or intentional tortious acts. Nothing contained in this Section shall be construed to be waiver by either party ofany z� � protections under sovereign immunity, Section 760.28 Florida Statutes, or any other similar provision of law. Nothing contained herein shall be construed to be o consent by either party to hc sued by third parties iu any matter arising out of this mr any other Agreement. U) 0 CL :3 CO CM Page 2of 3 C.30.c U) Event and Use of County Property Hold Harmless And Indemnity Agreement Those who are hereby released shall not be stopped or otherwise barred from asserting any expressly reserved right to assert any claim or cause of action they may have against the Undersigned or any others. 0 This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. The parties agree that any action relating to this Agreement shall be instituted and prosecuted in the courts of Monroe County, Florida, and therefore, each party to E this Agreement hereby waives the right to any change of venue. ' y the signature to this document, the undersigned acknowledges that it understands the contents of this document and is voluntarily agreeing to its terms. The undersigned is authorized and holds the actual authority as the Legally Authorized Representative of this organization to CL enter into this Agreement and the organization has delegated such signatory authority to me. a, In witness whereof I/we have hereunto set my/our hand and seal the U) Day of in the year NAME OF EVENT ATE( )OF EVENT LOCATION OF EVENT °M U) PURPOSE OFEVET Oran�zatiorxS°ansor s Name_w.....w__.__.w._....v.....__.._. _.,......— 0 g p e3 Signature of Legally Authorized Representative X Printed Name Title 0 CL State of Florida County of Monroe 0 SUBSCRIBED AND SENOR to (or affirmed before e) on this _ day of 20 by_____.._. els e is ersona11 known to a or o _., _. ., .,.......__... _w ...= P Y 0 has produced „ _ ..._,(type of identification)as identification. U) co Notary Public (SEAL) Page 3 of Packet Pg. 1654 U) 1� 0 REQUEST FOR USE OF COUNTY PROPERTY IN MONROE COUNTY,FLORIDA Date: Name of Contact and organization: .2 a 0 Address&Telephone number; Email: E 0 I- 4- Specific County property or meeting room requested: W E Intended use: Datc(s)needed: Time: from to .............. Official Monroe County Government Use: Yes No 0- CL Number of participants: Alcohol consumption/sales? Yes C]No Use of personal BBQ grill: Yes No[I ca LJEE OF CO MX EfflEERTY ONLY U) 0) Clean up provisions,assurances,and state if any improvements are to be to facility: 2' E 4) Coordination with: Sheriff Dept: YesE] NoE] Fire Dept. Yes NoEl Security- Yes No < 0B Public Works- Yes B No r_ 2M Previous history of holding similar events: Yes NoE] U) U) USEQF MEETING ROOMS ONLY 0 Special Audio Visual Equipment needed:Yes No Describe: U) Public Address System: Yes[Ell-N-e-07 0 Arrangement of Room. Fees are dred an pages 8,9,and 10 of lice Palicyfor Public Facilities,Roads,Bridges,&Caunly Meeting Roo nts and are NON-REFUNDABLE Cheeks or Manejo Orders are to be noade payable to Monroe w. x COUNTY USE ONLY Scheduled Date: Insurance/Hold lea nniess Requirements: 0 Approved.- Yes El NoEl By: Fees charged or basis for waiver to be approved by County Administrator: Alcohol use or basis for waiver or special conditions to be approved by County Administrator: 0 4- 0 0 Remarks: 33 co 10117 cm E Packet Pg. 1655