3. 1st Amendment 04/21/2021 a Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: April 23, 2021
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hnna C.
SURJECI': April 21" 13OCC Meeting
Attached is an electronic copy of the following item for your handling:
115 I"Amendment to License Agreement with Friends of the Key largo Cultural
Center, Inc. for management and operation of a variety of cultural, recreational, and related
programs at the Murray E. Nelson Government and Cultural Center.
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 Menthol'Key,Honda 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO LICENSE AGREEMENT
(Murray E. Nelson Government and Cultural Center)
This First Amendment to License Agreement is made and entered into this 21st day of
April, 2021, by and between MONROE COUNTY, FLORIDA, a political subdivision of the
State of Florida, hereinafter"COUNTY." and FRIENDS OF THE KEY LARGO CULTURAL
CENTER, INC., hereinafter "LICENSEE" or"FRIENDS," for management and operation of a
variety of cultural programs at the Murray E.Nelson Government and Cultural Center.
WITNESSETH:
WHEREAS, the Murray E. Nelson Government and Cultural Center. hereinafter "MEN
Building" or "Premises," was built in 2009 for use by the COUNTY for government offices and
meeting rooms and use by the public for cultural programs: and
WHEREAS, the MEN Building is the only COUNTY facility designed to provide a
cultural center; and
WHEREAS, on May 17, 2017. the parties entered into a License Agreement for the
FRIENDS to provide recreational, cultural, charitable. educational, and related programs for the
residents of, and tourists to, Key Largo, at the MEN Building; and
WHEREAS, it is a legitimate public purpose to provide facilities and services for
recreational and cultural uses and social functions of the community: and
WHEREAS, COUNTY does not have the funds to hire an employee to be responsible for
developing, programming,and organizing recreational,cultural,and related activities for the MEN
Building: and
WHEREAS,the FRIENDS has provided its services to assist the COUNTY in developing
and managing recreational, cultural, and educational events, and programming for the MEN
Building since entering into its current License Agreement with the COUNTY in 2017: and
WHEREAS, Licensee is required to maintain certain insurance policies pursuant to its
License Agreement in order to provide liability protections and indemnification for the COUNTY,
unless any such policy is waived by the COUNTY; and
WHEREAS, The FRIENDS want to have assurances of the ability to regularly use the
Premises for recreational, cultural, charitable, and educational events; and
WHEREAS, it is necessary for the COUNTY to preserve its ability to provide at the MEN
building all government functions that it currently provides. including regular uses by the County
and other governmental agencies.and uses related to emergency responses to disaster and disaster-
preparedness:
WHEREAS, due the current situation with Covid-19 restrictions. FRIENDS has been
unable to host events at the MEN Building and have requested that the general liability, liquor
liability, automobile liability, Worker's Compensation. and board member insurance
requirements be temporarily waived as a requirement under the License Agreement until such time
as they are operating once again;
WHEREAS,the parties find it would be mutually beneficial to amend its Agreement and
enter into this First Amendment to License Agreement;and
NOW, THEREFORE, IN CONSIDERATION of the covenants hereinafter to be kept
and preformed,the COUNTY and the LICENSEE agree as follows:
1. Paragraph 21, INSURANCE,of the License Agreement sets forth the insurances
that must be provided by FRIENDS as general liability insurance, vehicle liability insurance,
Workers' Compensation insurance,and Employer's Liability insurance during the duration of its
License Agreement
2 . The COUNTY and LICENSEE mutually agree that LICENSEE may temporarily
suspend its current insurance policies, upon submission of the proper Waiver of Insurance, until
such time that LICENSEE initiates activities again and conducts any events at the Premises.
3. The COUNTY,therefore,agrees to temporarily waive the insurance requirements
as set forth in Paragraph 21 of the License Agreement. Before the commencement of any events
by LICENSEE,the proper Certificate of Insurances shall be submitted to the COUNTY exhibiting
proof of the required coverage. Alternatively,if there are any of the required insurance policies
under Paragraph 21 that LICENSEE will request to have waived upon inception of its events,
LICENSEE must submit the proper Waiver request to be approved by the County Risk Manager.
✓:S#;5;;.. All other provisions of the License Agreement dated May 17, 2017, , not
/.'gapbstsi .:.with,shall remain in full force and effect.
/ cut 6 S WHEREOF,the parties hereto have set their hands and seals on the day
w-rt"tdS,,. ,
94;a\ \ n o
1/: BOARD OF CO WF,RS
EEVDS$ADOK,CLERK OF MQryR C T�
By. By:
puty Clerk Mayor/Chairman
:n
-n A_. y
Witnesses FRIENDS OF THE KEY LARGO
/� CULTURAL ENT R,INC.
Wi ess 1 President
a vt1
Prin d N o W ess 1
-_--_—
itness
rnorswe SWIM nnomiers orraz
Akle-tm Mcciai� /NPatT'aa/STOFO�nt� 1
Printed Name of Witness 2 t' Tp t—
wASSISTANTy i hMeNa.
MEN License Friends KLCC April 2021 2