07/17/2019 Agreement �Rc ugrQ\111
Kevin Madok, CPA
'��&o ..... Clerk of the Circuit Court&Comptroller—Monroe County, Florida
1�\��8 co�et�•l
DATE: July 30, 2019
TO: Alice Steryou
Contract Monitor f
FROM: Pamela G. Hancotik, .C.
SUBJECT: July 17th BOCC Meeting
Attached is an electronic copy of each of the following items for your handling:
C29 Lease Assignment,Assumption, and Consent of Lease with Tropical Watersports, LLC
to Salute Watersports, LLC for the mobile retail merchandise or service concession at Higgs Beach.
C30 Property Management Agreement Assignment,Assumption, and Consent for
management of the bandstands at Higgs Beach from Tropical Watersports, LLC to Salute
Watersports, LLC.
Should you have any questions, please feel free to contact me at(305) 292-3550.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
PROPERTY MANAGEMENT AGREEMENT ASSIGNMENT,ASSUMPTION,
AND CONSENT
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;
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
Assignor's rights and interests under the Agreement, and hereby assigns, transfers, and conveys
unto Assignee all of Assignor's obligations and liabilities under the Agreement,effective upon the
date the transaction between Assignor and Assignee closes.
2. Assumption. Assignee hereby assumes and agrees to pay, discharge, and perform
in a full and timely manner all of Assignor's liabilities and obligations under the Agreement,
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:
(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
terms have not been further modified;
1
(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
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;
(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:
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
And
Monroe County Attorney
P. 0. Box 1026
Key West, FL 33041-1026
(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
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
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;
(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
4. Full Force and Effect. The Agreement shall continue in full force and effect and
the Agreement is hereby ratified. In the event of a conflict between the terms of the Agreement
and this Assignment,this Assignment shall prevail.
5. Binding Effect. This Assignment shall not be effective unless and until the
transaction between Assignor and Assignee closes. Thereafter, it shall be binding upon and shall
inure to the benefit of Assignor,Assignee,Landlord,and their respective and permitted successors
and assigns.
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 signed the same signature page
,60, N WITNESS WHEREOF, the parties hereunto set their hands and seals as of the first
k' . • : �4%i written above.
+ BOARD OF COUNTY COMMISSIONERS
'' "g .• VIN MADOK, OF MONROE COUNTY,FLORIDA
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•��.'j- Y rt �6 LERK
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By: By:
Deputy Clerk ayor Chairman
TROPICAL WATERSPORTS, LLC,
Assignor 5 e e 'I e..)c f r a j e,
Witnesses
By:
Name: = g.
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Title: &:' - `.
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SALUTE WATERSPORTS, LI.0 -0 r
Assignee c)
Witnesses `-` i cam;.
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Name. n L".). �4
Title: rv�►-J C.-&fZ.
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MONROE COUN1YATTORNEICS OFFICE
3 P Rov�oAsn lu f 6
PATRICIA EABLES 1.11
ASSISTANT CO I ATt�RNEY
4. Full Force and Effect. The Agreement shall continue in full force and effect and
the Agreement is hereby ratified. In the event of a conflict between the to of the Agreement
and this Assignment,this Assignment shall prevail.
5. Blooding Effect. This Assignment shall not be effective unless and until the
transaction between Assignor and Assignee closes. Thereafter, it shall be binding upon and shall
inure to the benefit of Assignor,Assignee,Landlord,and their respective and permitted successors
and assigns.
® 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 signed the same signature page
IN WITNESS WHEREOF, the parties hereunto set their hands and seals as of the first
day and year written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, OF MONROE COUNTY, FLORIDA
CLERK
By: By:
Deputy Clerk Mayor Chairman
TROPICAL WATE RSPORTS, I
Assignor
Witnesses ROBERT C. REXTER
t
Ae
Nowry Public,State Of RhOde IMOnd my C�;om7m�is�s�ljon ExPires By:
Name.p �A tatv e'L F r
...................................................................SALUTE WATERSPORTS:, Ll...C,
Assignee
Witnesses
By:
Nan=. ......................................................................................... ................................................................................................................Title.
MONROIE COUNTY ATTORNVIS OFFICE
PAfPFPffl;D AST%: �
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PATRI(I'M 11 LES
AM;TA�T COL PT ATT?RW.
DATTE:::
EXHIBIT"A"
PROPERTY MANAGEMENT AGREEMENT
Dated January 16, 2014
(Bandstands)
PROPERTY MANAGEMENT AGREEMENT
This Agreement is made and entered into this JL�A day of JOA-04-4 Y 2014,
between MONROE COUNTY, FLORIDA C'County"), a political subdivision of the State of
Flodda, whose address is 1100 Simonton Strect, Key West, Florida 33040, and Tropical
Watersports.LLC. (Manager),whose address is 1717 Rose St.,Key West,Florida 33040.
WHEREAS, the County owns two covered, raised, concrete structures on Higgs Beach
known as the"Bandstands";and,
WHEREAS, County policy requires that individuals wishing to use County property
submit a County"use of Property' request fbrm; and,
WHEREAS, the Bandstands are fiequendy used without County knowledge by
individuals unaware of County policy-, and,
WHEREAS, County desires to enfiarce its County use of property policy in a manner
that is the least restrictive but the allows the County to exercise its authority over the
bandstands;anc�
WHEREAS, Tropical Watm3ports LLC., operates a concession seven days a week an
Higgs Beach; and,
WHEREAS,Tropical Watersports is willing to act as the County's agent and manage the
tise of the Bandstands in accordance with County policy;and,
WHEREAS, the County desires to enter into a Property Management Agreement with
Tropical Waterspoft LLC.;now,therefbre,
IN CONSIDERATION of the mutual promises and covenants set forth below, the partie's agree
as follows:
1. TernL This Agreement shall be a month to month agreement with the right to terminate by
either party via w-dttea 30 day notice.
2. Duties of Manager. County hereby appoints Manager as its exclusive agent with the
following duties:
A. To advertise the availability of the Bandstands or any pad thereof, in media which, in the
Manager's sole discretion, are it le:for the property and maiket candition's.
B. To receive applications and collect non lc fees ors security deposits pursuant to
the Monroe County Use of Public Facilities policy,
C. To ensure the handstands are only used by individuals or groups who have submitted a
completed Use of Property application along with the approprime fees and/or deposit&
contact local law enforcement officers to request removal of anyone using the Bandstands
without first having submitted a Use of Property form.
E. To make inspections of the handstands for damage following any use of the bandstands.
F. To inform CoLmty of any damage or hazardous conditions fi)und following any use of the
handstands.
G. To mawge the Property in accordance with standards of reasonable care and diligence.
3. Duties of County.County accepts and agrees to perform, the following duties:
A. Take notice of the condition of the Property and,subject to the availability offhads,establish
goals to upgrade and maintain the Property.
B. To pay all expenses incurred by the ManaM,including out limitation,attorneys, few for
counsel employed to represcrit the Manager, the County or both of them in any procmling,
controversy or suit involving the property, the ownership or operation tbc=E Nothing herein
contained shall require the Manager to employ counsel to represent the County ia any such
proceeding or suit. In this regard, to the extent act forth in F.S. 768.28 County agrees to
indemnify, defend and save the Manager harmless from all claims, investigations and suits with
respect to any alleged or actual violations of State, Federal, City or County labor laws, it being
expressly agreed and understood that as between the County and the Manager, all persons
employed in connection with the Property are employees of the Manager. However; protection is
not afforded by applicable insurance coverage where the claim is based upon the wiliflal
negligence of the Manager ors employees.
D. To the extent set forth in F.S. 768.28 indemnify, defend and save Manager harmless fmm all
suits in conjunction with the property and from liability for damage to property and injuries to or
death of an employee or other person whomsoever. County further agrees that Manager shall not
be liable to County for any damages caused by tanant or others to either interior or exterior of the
property-
E. County agrees that Manager does not assurne and is given no responsibility for compliance of
the property or any equipment therein with the requirements of any statur, ordinance, law, or
regulation of any governmental body or of any public authority or official thereof having
jurisdiction, except to notify County promptly or forward to County promptly any complaints,
warnings,notices or summonses received by Manager relating to such matters. County represents
that to the best of his/her knowledge the property and equipment comply with all such
requirements and authorizes Manager to disclose the own=Wp of the property to any such
official and agrees to indemnify and save harmless the Manager, its representatives, servants and
employees,of and from at I lass,cost, expense and liability whatsoever which may be imposed on
them by reason of any present or fature violation or alleged violation of such laws, ordinances,
statues,or regulations.
4. Repairs and Maintenance. Manager shall regularly inspect the interior and exterior of the
bandstands and shall promptly inform. County of any condition requiring repair or maintenance,
Manger shall close the bandstand(s) until the repair or maintenance work has been completed.
5. Disclosures.
A. County represents and warrants that
1® County is the legal owner of the Property or legal entity which owns the property and has full
authority to enter into this Agreement and to employ the Manager under the terms of this
Agreement.
2. Tbere are no written or oral agreements affecting the management of the Property.
I To die best of the CounVs knowledge the bufldin& its construction and operation do not
violate any applicable statues, laws, ordinances, rules, regulations, orders, or the like including,
but not limited to,those relating to hazardous or toxic substances.
4, To the best of the County's knowledge the bandstaxida do not contain any toxic substances
such as, but not limited to: Lead based paint asbestos, urea, rormaldchyde, radon, or other
hazardous substances and that no unsafe condition exists except as disclosed in writing at the
time of this agreement.
B. Manager represents and warrants that*
L Manager, from time to time, employs personnel as managers, ruaintenance workers, clerical
and accounting staff. In such event such personnel shall be deemed, for all purposes, the
employees of the Manager, All employee compensation, taxes and other benefits including
payroll and bookkeelfing costs shall be paid through the Manager's central payroll account.
6® Accounts and Reports. Manager shall prepare and fiunish, to County, monthly statements
of all fees and/or security deposits received and disbursed on or amund the 20th day of each
month of the subject activity.
7. Records Retention. Pursuant to Florida Statute §119.0701, Manager shall comply withaH
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 arc 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 r no cos4 to
Monroe County all public records in possession of the contractor upon
termination of this Agreement and destroy any duplicate public records that am
exempt or confidential and exempt from public records disclosure "Dq*emLMt&
All records stored electronically must be provided to Monroe County in a format
that is compatible with the infbrmation technology systerns of Monroe County.
All original documents required by law shall be retained by Manager for a period of six years
afler their expiration or such other period as mandated by law. At the end of such retentiou
period,Manager may destroy or otherwise dispose of all such doctunents.
® Compensation. The Manager shall be compensated for its services according to the
following schedule:
A. In any month in which fees am collected pursuant to the County's Use of Property policy,
Manager shall be entitled to retain the few as a management fee. Such fee shall represent full
compensation for the operation and management of the bandstands.
9. of Rarmkss. Manager shall indemnify, defend and save County harmless from all
liability, claims and suits arising because of willfid negligence or intentional torts by Manager or
its employces. To the cxtentset forth in F.S. 768.28 County shall indemitify, defend and save
Manager harmless from all liability®claims and suits arising out of the duties lawfully Paformed
by the Manager under this agreement other than thosr.wising because of wilffW negligence or an
intentional tort by Manager or its employ=. Furthermore, to dw extent set forth in F.S. 768.28
County shall indemnify and hold Manager, its employees, officer and directors, ("Indemnifice')
harmless from all darnage, loss,cost at attomay's fees Indemnities may mztain on account of.(1)
any damage to or doMction of any property, (2) any injury to or deadi of any person; and (3)
any error of judpient by Indemnities or any mistake of law or f6d by Indwrmities. This
indemnity provision applies if the clairn arises out of the sole negligence of Manager. However,it
shall not apply if it is finally adjudicated that an officer, director or home office employee of
Manager acted with gross negligence or will misconducL Owner agrees to carry liability
insurance adequate to protect the interest of the parties hervin; and Insurance shall be written as to
protect Manager in the same manner and to the same as it protects Owner.
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County
and the Manager in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coveram or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
® Warranties.Manager agrees to use its best efforts to perform the services requested of it by
Owner in accordance with this Agreement, but makes im warranties of any kind, express or
implied, with respect to the services to be provided hereunder. IN NO EVENT SHALL
MANAGER BE LIABLE TO OWNER FOR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER. MANAGER'S liability with respect to its performance or nooperformance of
its obligations under this Agreement shall in no event exceed the sums paid to Manager pursuant
to this Agreement.
10. Termination. Either party may terminate this agreement without cause by giving not less
than thirty days written notice to the other at the address sliccified h=W or at the address most
rc=tly provided in writing. Notices shall be deemed sufficient if personally delivered ors t by
registered mail.
11. Assignabiffty. Neither party shall directly or indirectly assigri, sell or otherwise transfer all
or any part of the legal or beneficial interest or all or any part of the rights or obligations created
by this Agreement out first obtaining the written approval of the other.
12. Disputes. County and Manager agree that all disputes and disagmernents shall be attempted
to be resolved by meet and confer sessions between representatives of each of County and
Manager. If noresolution can be agreed upon within 30 days after the first meet and confer
session, the issue ore shall be discussed at a public meeting of the Board of County
Commissianers. If the issue or issues are still not resolved to the satisfkction of County and
Manager,then any patty shall have the right to seek such relief or rernedy as may be provided by
this Agreement or by Florida law.
13. Entire AgreemenL This Agrecruent incorporates all of the terms, covenants and conditions
agreed to by the parties and all prior and contemporaneous agreements are superseded hereby.
This Agreement can only be modified or amended in writing,signed by both parties.
14. Sever . If any part of Us Agreement is determined by a court of competent
jurisdiction to be unenforceable, all other parts of Us Agreement shall remain in fW1 force and
affect.
15. Nodees. All notices, reports and statements required to be sent here under to Owner Or
Manager by the other sha be mailed to the address set forth hem-in or such other address as
specified in writing
16.Governing Law.This Agreement shall be governed by the laws of the State of Florida.
17. Mx0MLRt3Jm This agreement has been mraftilly reviewed by Manager and the County,
therefore this agreement is not to be construed against either party on the basis of authorship.
INWHINESS WHEREOF County and Manager
e have execumd ft Agmment on the day
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BOARD OF COLKlY CONNUSSIONERS
OF MONROE COUNTY,FLORIDA
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
POLICY FOR USE OF PUBLIC FACILITIES,ROADS,BRIDGES,
COUNTY MEETING ROOMS,AND THEATER
MONROE COUNTY,FLORIDA
GENERAL RULES AND REGULATIONS:
Any individual or organization requesting the use of a County facility, building, park, beach, road,
bridge, airport, meeting room or theater MUST complete the "REQUEST FOR USE OF
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'h Floor,Suite 408, Key West,
FL 33040 no later than rive (5) working days prior to the desired date of use of facility. Ira public
assembly permit and/or extensive coordination with other County Departments, the Sheriffs 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
OF COUNTY PROPERTY HOLD HARMLESS AND INDEMNITY AGREEMENT"
(attached to this policy as Appendix "B") to the Risk Management Administrator no later than rive
(5) working days prior to the desired date of use of facility.
I. 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
mandatory regardless of an organzation's non-profit status, with the exception of Monroe
County School sponsored functions, all sports leagues, fitness events with 500 or Iess
participants with the exception of subsection 1(C), and the use of Library facilities. The
County Administrator or his designee is the only individual authorized to waive any
applicable fee.
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.
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. Sea
Appendix"A".
C. If a fitness event (regardless of the number of participants) proposes to charge an
admission or registration fee greater than $50.00 per person, a "per person" fee and a
cicanup/dump fee will be assessed as outlined on page I 1 of this policy.
D. Any organization that impacts normal services to the facility will be charged the cost
above normal expenses for using the facility, in addition to the fees assessed per the
schedule.The charges will be assessed by the County. A fee schedule is included below.
E. Groups whose only purpose for the use of the facility or property is for improvements
(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.
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 individuallgroup not pay these additional
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)
has been received by the County.
G. There are no fees for Memorial services.
H. For purposes of the provision that other governmental agencies shall pay for all but the
first in a series of recurring uses, recurring shall mean that the agency schedules at any
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
original EVENT AND USE OF COUNTY PROPERTY HOLD HARMLESS AND
INDEMNITY AGREEMENT (Appendix "B") and furnish original 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
Administrator. Groups utilizing a meeting room do not need to furnish insurance
documentation, however, they are required to execute the Hold Harmless/Indemnity
Agreement.
Risk Management will determine if coverage may be needed as follows:
• Worker's Compensation
• General Liability
• Vehicle Liability
• Aircraft/Watcrcraft Liability
• Liquor Liability(if applicable and necessary)
All organizations must comply with the insurance requirements provided by Monroe
County Risk Management.Contact the Risk Management Administrator at 305-292-3470.
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
Public Assembly Permit. (Ordinance No.030-1996)
4. ALCOHOLIC BEVERAGES: The use or sale of alcoholic beverages shall be prohibited
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
or his designee no less than ten (10) working days before the event. The sponsor will be
responsible for concurrence with applicable state permits and additional insurance as may
be required by the Monroe County Risk Management Administrator. If alcohol sales,
possession,or consumption is approved for the event,the sponsor must arrange and provide
for certified law enforcement personnel or a licensed and bonded security detail at the event
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-
Policy for Use of Public Facilities 3 ser iribu.25l B
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:
1—20 $10.00
21—50 $20.00
51-100 $40.00
101 or more $50.00
Fees must be sent to the County Administrator, 1100 Simonton St., Suite 205, Key
West,FL 33040.
5. TRAFFIC CONTROL: Events, projects,etc,,,affecting or occurring on any road or bridge
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
direct costs for a deputy, the Monroe County Sheriffs Department is required to charge
overhead costs. Proof of coordination of traffic control arrangements must be provided to
the Risk Management Administrator prior to the event,,
6. BBO GRILLS: Groups/Organizations/Sponsorsltndiv duals 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
disposal of personal grills and charcoal,.
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,
bridge, airport,or meeting room must comply with Monroe County's recycling efforts. Any
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.
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
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
report to the Monroe County Solid Waste Department, 1100 Simonton Street, Room 2-231,
Key West, FL 33040 providing the total amount of recycled material, measured in pounds,
gallons, tons;and the name and address of the recycling facility within the County.
8. MEETING ROOMS EXCLUDING LIBRARIES AND THEATER: Organizations
requesting use of meeting rooms are subject to all the above rules and regulations. Monroe
County meeting rooms will be available primarily for use by the County and, on an ad hoc
and nonrecurring 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
Pohcy tar Use of Pnbls FocklNk.� a »rv„3 � ,rm,W� _,�,,. scpwmkr.re Is
the event of conflicting dates,use by the Board of County Commissioners and other County
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.
B. County personnel will ensure the room is opened in the evening and locked at the
conclusion of the meeting.
C. Most of the equipment in the meeting rooms and/or theatre will not be available for
general public use. County staff will make available lighting, air conditioning, and a
public address system, if necessary.
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.
E. Facilities shall not be used for personal or private profit, aggrandizement, political
fundraising,or advertising.
F. Smoking and alcoholic beverages are prohibited.
G. Unless scheduling of recurring events occurs pursuant to a formal comprehensive
agreement executed by the user and the mayor after approval by the BOCC,there shall
be no scheduling of use of a meeting or conference room more than twelve(12) months
in advance of the proposed use.
9. COUNTY LIBRARIES: Use of Conference and Multi-Purpose Room and Audio-Visual
Equipment:
A. LIMITATIONS: Use of Library facilities is open to programs sponsored or co-
sponsored by the Library,to Monroe County, State and Federal governmental agencies,
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
imply Library endorsement of the aims, policies, or activities of any group.
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:
1. All programs must be free of charge and open to the public as space permits. No
collections may be taken or sales made. Library facilities shall not be used for
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
EXHIBITOR. Exhibitors will be required to sign waiver forms and follow
Display Policy.
3. Sponsors may be required to execute a "hold-harmless" agreement and/or furnish
appmpriate insurance naming Monroe County as additional insured for certain
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
Policy for U%c of Public Fakililtca 4 Sepl�mber.2018
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
necessary.
7. A key is available for meeting room use outside of regular Library hours; Library
staff will explain the procedures for such use to interested applicants. A registered
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 arc not available to organizations at any time.
Organizations using the meeting room are responsible for any needed arrangement
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
Department for such duties and are required to restore the meeting room to its
original condition within a reasonable amount of time following the meeting.
9. Rooms may be booked up to one year in advance; booking is dune on a first
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
responsibility,but may not be loaned to leave the facilities.
10.MEETING ROOM LOCATIONS:
The Gato Building The Harvey Government Center(2)
1100 Simonton Street 1200Truman Avenue
Key West,FL 33040 Key West,FL 33040
(305)292-4441 (305)292-4431
Key West Library IgMarathon Government Center(2)
700 Fleming Street 2798 Overseas Highway
Key West,FL 33040 Marathon,FL 33050
Contact: Reference (305)292-3595 (305)289-6036
Marathon Library Islamorada Library
325I Overseas Highway 81550 Overseas Highway
Marathon, FL 33050 Islamorada, FL 33036
(305)289-6098 (305)852-7163
Key Largo Library Big Pine Key Library
101485 Overseas Highway 213 Key Deer Blvd
Tradewinds Shopping Plaza Winn Dixie Shopping Plaza
Key Largo, FL 33037 Big Pine Key,FL 33043
(305)852-7164 (305)872-0992
Big Pine Key Park Community Center
31009 Atlantis Drive
Big Pine Key, FL 33043
Policy for Use ur Pabbc Fxibucs S seplembrr.34I S
(305)292-443I
MEETING ROOM AND THEATER LOCATION:
Murray E. Nelson Government&Cultural Center
102050 Overseas Highway,MM 102.5
Key Largo, FL33037
(305)852-7161
* 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.
H. Permission to use County property shall not constitute a waiver of any local, state, or
federal laws..
12. Damage done to any County owned equipment or property during the time the County
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. ApprovaI 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 izationllndividual covenants
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 Organ izationllndividual 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.
15. FEES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE. CHECKS OR
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:
Monroe County Public Works Facilities
3583 South Roosevelt Boulevard
Key West,FL 33040
PHONE: 1-888-227-8136(Toll Free throughout the Keys)or 305 2954385
MIDDLE KEYS:
Policy for Uw or Public Facili ies 6 5cPlcmbcr;?Ol$
Monroe County Public Works Facilities
10600 Aviation Boulevard
Marathon,FL 33050
PHONE: (305) 289.6036
UPPER KEYS:
Monroe County Public Works Facilities
300 Magnolia St.
Key Largo,FL 33037
PHONE:(305)852-7161
17. For information on requesting the use of County Property for AIRPORTS, please contact
the following:
KEY WEST INTERNATIONAL AIRPORT
3491 South Roosevelt Boulevard
Key West,FL 33040
Phone: (305)809-5200
MARATHON AIRPORT
9400 Overseas Highway
Marathon,FL 33050
Phone: (305) 289-6060
icy r6r use or Pubbc Fadhofta lei r6 2019
FEE SCHEDULE
MEETING ROOMS AND THEATER
Fees will be charged for use of the premises when such use requires the expenditures of County
funds which would not be expended except for the act of making the room available for such use.
This charge shall compensate the government for the provided service only and fees will be
adjusted annually to reflect current costs.
FEES ARE NON-REFUNDABLE and are due in the County Administrator's oMce at least
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
MEETING ROOMS AND THEATER(EXCEPT jM&Meetina rooms-see below)
Monday through
Friday 8:00 am— Evenings(5:01 pm—
REGULAR 5:00 pm,excluding OVERTIME 11:00 pm),Weekends
HOURS holida s HOURS and Holidays
Facility Charges Facility Charges
Per Hour Per Hour
One Maintenance One Maintenance
Technician S 40.49 Technician $ 60.74
Facilities Costs $ 10.50 Facilities Costs $ 1Q.S0
Total Hourly Total Hourly
Charges Regular Charges Overtime
Hours wrrHouT Hours wfrHouT
Channel 76 $ 50.99 Channel 76 $ 71.24
One Additional One Additional
Maintenance Maintenance
Technician per hour S 40.49 Technicianp r hour S 60.74
Total Hourly Total Hourly
Charges Regular Charges Overtime
Hours Two Hours Two
Technicians Technicians
wrrHovr Channel wrmour Channel
76 $ 91AS 76 $ 131.98
Two Additional
Two Additional Maintenance
Maintenance Technicians per
Tecnt„
cians per hour $ 80.98 hour $ 121.48
Total Hourly Total Hourly
Charges Regular Charges Overtime
Hours Three Hours Three
Technicians Technicians
WITHOUT Channel wiTHotrr Channel
76 $ 131.97 76 $ 192.72
FREY AN s .20ie
The number of technicians needed will be determined at the discretion of Monroe County by the
size and type of event. Should more than three (3)technicians be required for any event,the stated
rate above would increase by the respective applicable regular rate of W.49 or overtime rate of
$60.74 each hour.
The fee for use of a small meeting room which holds a maximum of ten (10) people or less is
$50.00 per hour(business hours only).
To ensure time accuracy, the maintenance technician(s)will record his time on a time sheet which
will then be validated by both the technician(s) and the event representative by each signing the
time sheet daily.
CHANNEL 76 RATES:
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 prior 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.
Monday through
Friday 8:00 am—5:00 Evenings(5:01 pm—
REGULAR pm,excluding OVERTIME 11:00 pin),Weekends
HOURS holidan HOURS and Holidays
Channel 76 Per Channel 76 Per
Hour Hour
One T.V.Technician S 38.88 One T.V.Technician $ 58.32
ww ,.....
uiment Costs $ 154.45 Equiprqen,t Costs $ 154.45
Total for One Total for One
Technician for $ 193.33 Technician $ 212.77
DOES NOT INCLUDE MAINTENANCE TECH(S), FACILITY COSTS,MEETING ROOM
OR THEATER FEES, TAPE DUPLICATES OR SPECIAL POST PRODUCTION COSTS
COSTS DO INCLUDE A T.V CAMERA TECHNICIAN,AND T.V.E UIPMENT.
rrcy r c �r r,t sr" 7Scpmnba.3018
FEE SCHEDULE
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
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
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:
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:
Monday through Friday $100.00 per day
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.
0 1-50 Person(s) $2.00 per person
5 1-100 Persons S 100 flat fee
Over 100 Persons $1.00 per person,capped at$1,000.00
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:
$50.00 for a half day;S 100.00 for a full day.
One (1) Picnic Table may be included with any Parks & Beaches reservation, and $10.00 for
each additional table.
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.
Policy for Use of Public Faciliiirs 10 Scluembcr.=416
There may be conflicts with reservations so the sponsor is not guaranteed any particular court
or table.
• Clean up and dumn„fees: Clean up and dump fees will be assessed based on the size of the
group:
0 1 —50 Person(s) $50.00
51 — 100 Persons $75.00
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
• Bernstein Park Community Rooms:
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
3:00pm— 10:00pm $2.00 per person +$50 clean up fee
Each additional room added to the room reservation will be$30.00
Roman astesi,County Administrator
(September 2 1 )
Alf
,-If/I_Z�� I
Ia`y for Uw or i slat
MONROE COUNTY BOARD OF COMMISSIONERS
EVENT AND USE OF COUNTY PROPERTY
HOLD HARMLESS AND INDEMNITY AGREEMENT
For and in consideration of having been granted permission by the Monroe County
Board of Commissioners, County Administrator, and/or Assistant County Administrator, or
his/her designee to hold an Event within Monroe County limits or on Monroe County
property, the Undersigned on behalf of the organization hereby agrees 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 (i) any claims,
actions or causes of action, (ii) any Iitigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss,
damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason
of, or in connection with, (A) any activity of Undersigned or any of Undersigned employees,
agents,contractors or other invitees,(B)the negligence or willful misconduct of Undersigned
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 to the extent the claims, actions, causes of action, litigation, proceedings,
costs or expenses arise from the intentional or sole negligent acts or omissions of the County
or any of its employees, agents, contractors or invitees (other than Undersigned) arising out
of or occurring in connection with the event or the use of County property described herein.
The Undersigned also agrees to protect and hold harmless Monroe County, its
subsidiaries or affiliates, elected and appointed officials, employees, volunteers, representatives
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 of 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
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 othenvise related to Undersigned's participation in this event have been
knowingly and willingly relinquished by the Undersigned under this Agreement.
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 employees from any and all claims, suits, actions, damages, expenses, losses,
penalties, interest, demands,judgments,and liabilities claims and related expenses in connection
with the loss thereof, and costs of suit, including attorneys' fees, for any expenses, damages,
or liability incurred by any of them, whether for bodily or personal injury, death, property
damage, direct or consequential damages, or economic loss 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 way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance. The Undersigned agrees to
pay on behalf of Monroe County, as well as provide a legal defense for the County, both of
Event and Use of County Property Hold Harmless And Indemnity Agreement
which will be done only if and when requested by the County, for all claims made. Such
payment on behalf of the County shall be in addition to any and all other legal remedies
available to the County and shall not be considered to be the County's exclusive remedy.
Or in the case of another Government aeencv
The , as a state agency or subdivision defined in
Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute far its own negligent acts or omissions, or intentional tortious actions, which result in
claims or suits against either County or ,and agrees to be liable
to the statutory limits for any damages proximately caused by said acts or omissions, or
intentional tortious acts.
The County, as a political sub-division of the State of Florida, as defined in Section
768.28, Florida Statutes,agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions,or intentional tortious acts,which result in claims or suits against
either the .,._... „ ..m,.m,...... .............. .. „ _. ... 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 a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties in any matter arising out of this or any other Agreement.
Page 2 of 3
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.
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
this Agreement hereby waives the right to any change of venue.
By 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
enter into this Agreement and the organization has delegated such signatory authority to me.
In witness whereof l/we have hereunto set mytour hand and seal the
Day of in the year
NAME OF EVENT
DATE(S)OF EVENT
LOCATION OF EVENT
PURPOSE OF EVENT
Organization/Sponsor's Name
Signature of Legally Authorized Representative
.............
Printed Name
Title............................................ _.. .......................................................
State of Florida
County of Monroe
SUBSCRIBED AND SWORN to (or affirmed before me) on this _ day of
, 20_, by , he/she is personally known to me or
has produced (type of identification)as identification.
Notary Public (SEAL)
Page 3 of 3
REQUEST FOR USE OF COUNTY PROPERTY
IN MONROE COUNTY,FLORIDA
Date:
Name of Contad and organization:
Address&Telephone number.
Email:
Specific County property or meeting room requested:
Intended use:
Datc(s)needed: Time:Pram to
Official Monroe County Government Use: Yes❑ No❑
Number of participants:
Alcohol consumption/sales? Yes❑No❑ Use of personal BBQ grill:Yes❑ No❑
USE OF COUNTY PROPERTY ONLY
Clean up provisions,assurances,and state if any improvements ore to be to facility:
Coordination with: Sheriff Dept: Yes No Fire Dept. Yes[INo❑
Security. Yes No
Public Works:Yes No
Previous history of holding similar events:Yes❑ No❑
USE OF MEETING ROOMS ONLY
Special Audio Visual Equipment needed:Yes❑ No❑
Describe-
Public Address System: Yes Lj No
Arrangement of Room:
Fees are Ad an pages 8,9,and 10 of the Policy for Public Facilities,Roods,Bridges,do County
Meding Rooms and are NON-REFUNDABLE Checks or Money Orders are to be made payable to
Monroe County Boom of Counly Commissioners.
COUNTY USE ONLY
Scheduled Date:
Insurance/Hold Harmless Requirements:
Approved: Yes❑ No❑ By:
Fees charged or basis for waiver to he approved by County Administrator.
Alcohol use or basis for waiver or special conditions to be approved by County Administrator:
Remarks:
10117