Item C40BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Aril 17 2013 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance
Staff Contact Person: Dent Pierce 2.92-4560
AGENDA ITEM FORDING: Approval to execute a land lease with The Lower Keys Chamber of
Commerce Inc., a Florida non-profit corporation, to provide for purposes of operating a community
center building used by the public for community purposes, and for a public park area.
ITEM BACKGROUND: The Lower Keys Chamber of Commerce Inc. was initially given a 25-year
land lease subject to erection of a community center building by the Lessee and used by the public for
community purposes, and for a public park area which would be owned by The Lower Keys Chamber
of Commerce Inc. commencing on October 01, 1978. On March 12, 1981, the lease was amended to
allow access across part of said property to City Electric System. The Lessee released and returned to
the Lessor part of the property. The Lessor does lease additional premises in exchange for the released
portion. Currently the lease has expired.
PREVIOUS RELEVANT BOCC ACTION: On September 19, 1978 the BOCC approved a 25-year
land lease subject to erection of a community center building by the Lessee and used by the public for
community purposes, and for a public park area which would be owned by The Lower Keys Chamber
of Commerce Inc. commencing on October 01, 1978. On March 12, 1981, the lease was amended to
allow access across part of said property to City Electric System. The Lessee released and returned to
the Lessor part of the property in exchange for additional lease premises for the released portion.
CONTRACT/AGREEMENT CHANGES: New 25 year land lease agreement commencing on
05/01/2013 through 04/30/2038.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: -0- INDIRECT COSTS BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: Same
SOURCE OF FUNDS: Ad 'Valorem
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year $1.00
�f 00)[,
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM ##
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Lower Keys Contract
Chamber Of Commerce, Inc. Effective
Expiration
Date.
May 01, 2013
April 30, 2038
Contract Purpose/Description:
Land tease with The Lower Keys Chamber of Commerce, Inc. for purposes of operating
a Community center building used by the public for community purposes, and for a
public Dark area.
IContract Manager: Alice Steryou
(Name)
for BOCC meeting on 04/17/13
4549 Facilities Maint/Stop #4
(Ext.) (Department/Stop #)
Benda Deadline: 04/02/13
CONTRACT COSTS/REVENUE
Total Dollar Value of Contract: $ 25.00
Budgeted? Yes X No ❑ Account Codes:
Grant: $ N/A
County Match: $ N/A
Current Year Portion: $ 1.00 per year
ADDITIONAL COSTS
Estimated Ongoing Costs: $ !yr For:
(Not included in dollar Value above) (e . maintenance,
CONTRACT REVIEW
Changes
Division Director
qatei In
q Z 3
Needed
Yes❑ No�
'
Risk Management'
~'
Yes❑ NoE3'
1
O.M.B./Purchasing
Yes❑ NoR]
County Attorney
l
Yes[] NoRl,
Comments:
✓iriu A V1ElI itGVlzl Lu LIL IIV I tylk-r FZ
Reviewer
salaries, etc
Date Out
q )'Z' 11
14-1--►3
LEASE AGREEMENT
LOWER KEYS CHA MER OF COMMERCE, INC.
MONROE COUNTY
THIS LEASE AGREEMENT, is made and entered into this day of April,
2013. by and between Monroe County, a political subdivision of the State of Florida,
(hereafter "County„ or "LESSOR"), whose address is 1100 Simonton Street, Key West,
Florida, 33040 and The Lower Keys Chamber of Commerce, Inc., a non-profit corporation
organized and existing under the laws of the State of Florida, having it's principal place of
business in Monroe County, whose address is 31020 Overseas Highway, MM 31, Big Pine Key,
Florida, 33443., hereinafter referred to as "LESSEE".
WHEREAS, the BOCC leases premises to other governmental agencies and not -for -
profit organizations servicing the Monroe County community; and
WHEREAS, The Lower Keys Chamber of Commerce, Inc. has requested use of County
property; and
WHEREAS, the COUNTY owns a tract of land lying in a part of Government Lot 1,
Section 25, Township 66 South, Range 29 East, located in Big Pine Key, Monroe County,
Florida; and
WHEREAS, the BOCC has determined that is in the best interests of Monroe County to
lease land to The Lower Keys Chamber of Commerce, Inc. for purposes of operating a
community center building used by the public for community purposes, and for a public park
area in accordance with reasonable rules and regulations to be adopted by the LESSEE and
approved by LESSOR.;
NOW THEREFORE, IN CONSIDERATION of the promises contained herein the
parties agree to the following:
1. PROPERTY. The County leases to Lessor the premises as shown on exhibit A and
more particularly described as,
A tract of land in a part of Government Lot 1, Section 25, Township 66 South, Range 29
East, located in Big Pine Key, Monroe County, Florida, and by metes and bounds as
follows:
Commencing at a point, hereinafter known as the Point of Beginning where the West
- - Page 1 — - ----
Line of Section 25 and the South Right -of -Way line of U.S. Highway No. 1, bear South
89 degrees and 52 minutes East along the South right-of-way line of U.S. Highway No. I
for a distance of 200 feet, thence bear South for a distance of 207.41 to a point; thence
bear West along the South Line of Government Lot I for a distance of 200 feet to a point;
thence bear North for a distance of 207.64 feet, back to the Point of Beginning. Being a
part of a tract of land described in Deed Book G-6, page 51, and dated January 6, 1937.
The lessee does hereby release and return to the lesser the following described premises:
The Westemmost strip of land fronting on U.S. Highway No. 1 measuring fifty (50') wide
and running the full length of the Chamber's property to a depth of 207.64 feet.
Lessor does ]case the following additional premises in exchange for the release of the
above described premises: A part of the Northwest Quarter of the Southwest Quarter
of Section 25, Township 66 South, Range29 East, on Big Pine Key, Monroe County,
Florida and being more particularly described by metes and bounds as follows:
COMMENCING at the Northwest Conner of the Northwest Quarter of the Southwest
Quarter of Section 25, bear East 50 feet to the POINT OF BEGINNING of the parcel
hereinafter described; thence South, 90 feet; thence East, 150 feet; thence North, 90
feet: thence West, 150 feet, back to the POINT OF BEGINNING, containing, 0.31
acres, SUBJECT to easements, restrictions and limitations of record if any, and taxes
for the year 1980 and subsequent years.
2. TERM. The term of this Agreement is twenty-five (25) years running from May 01,
2013 through April 30, 2038.
3. USE AND CONDITIONS. The premises shall be used solely for the purposes of
operating a community center building used by the public for community purposes, and for a
public park area. If the premises are used for any other purpose, the County shall have the option
of immediately terminating this Agreement and upon termination of this agreement ownership of
all improvements erected on the premises shall vest in the County. Lessee shall not permit any
use of the premises in any manner that would obstruct or interfere with any County functions and
duties.
The Lessee will further use and occupy said premises in a careful and proper manner, and
not commit any waste thereon. Lessee will not cause, or allow to be caused, any nuisance or
objectionable activity of any nature on the premises. Any activities in any way involving
hazardous materials or substances of any kind whatsoever, either as those terms may be defined
— — Page 2-- --
under any state or federal laws or regulations or as those terms are understood in common usage,
are specifically prohibited, The Lessee will not use or occupy said premises for any unlawful
purpose and will, at Lessee's sole cost and expense, conform to and obey any present or future
laws, ordinance and/or rules, regulations, requirements and orders of governmental authorities or
agencies respecting the use and occupation of said premises. These covenants of the Lessee shall
also be binding on the use of the personnel, volunteers or clients of Lessee in accessing any
common areas of the leased premises. No signs of any kind will be permitted on the external
fagade of the building or in the parking lot. A sign no larger than g Yz " X I V may be posted at
the entry doer to the premises.
4. BENT. For the use of the premises, the Lessee must pay the County the sum of $1.00
per year, payable in advance. The payments shall be remitted to Monroe County Clerk's Office,
500 Whitehead Street, Key West, FL 33040.
5. TAXES. The Lessee must pay all taxes and assessments, including any sales or use tax,
levied by any government agency with respect to the Lessee's operations on the premises.
6. INSURANCE. Lessee shall, throughout the term of this lease, maintain the following:
A. General Liability Insurance to include as minimum;
• Premises Operation
• Blanket Contractual
• Products and Complete Operations
• Expanded Definition of Property Damage
• Personal Injury Liability
• Fire Legal Liability (with limits equal to fair market value of the leased
property)
The minimum limits acceptable shall be:
S1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per person
$ 1,000,000 per Occurrence
$100.000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its previsions should include coverage for claims filed on or after the effective
Mate of this Agreement. In addition, the period for which claims may be reported
tiliould extend for a minimum of twelve (12) months rollowing the termination of the
Lease Agreernent.
Page 3 - -- -
B. Vehicle Liability Insurance coverage for;
• awned, Non -Owned, and Hired Vehicles
• Physical Damage Protection (if leased Property is a County -owned
vehicle)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
ACV for Physical Damage
If split limits are provided, the minimum limits acceptable shall be:
$ 200,000 per Person
$ 300,000 per Occurrence
$ 200,000 Property Damage
ACV for Physical Damage
C. All Risk Property Insurance coverage (to include the perils of Flood and Wind )
with limits no less that Replacement Cost Value of the leased property to include, as a
minimum, liability coverage for:
Fire Li-litnina Vandalism
Sprinkler Leakage Sinkhole Collapse Fallir� �Jb
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured
on all policies issued to satisfy the above requirements. In addition, if the lease/rental
agreement involves County -owned vehicles, the Monroe County Board of County
Commissioners shall be named as "Loss Payee" with respect to the physical damage
protection.
D. Worker's compensation insurance for bodily injury or death to any one person or
number of persons in any one occurrence in an amount not less than the statutory requirements
unless waived or modified by County Risk Management per Administrative Instruction 4709.
The insurance policy (or policies) shall name Monroe County as an additional insured.
The LESSEE must keep in full force and effect the required insurance during the term of
this Agreement. If the insurance policies originally purchased which meet the requirements of
this lease are canceled, terminated or reduced in coverage, then the LESSEE must immediately
substitute complying policies so that no gap in coverage occurs. Copies of current policy
certificates shall be filed with the COUNTY whenever acquired or amended.
Page 4 --
7. CONDITION OF PREMISES. The Lessee must keep the premises in good order and
condition. The Lessee must promptly repair damage to the premises. At the end of the term of
this Agreement, the Lessee must surrender the premises to the County in the same good order
and condition as the premises wcre on the commencement of the term, normal wear and tear
excepted. The Lessee is solely responsible for any improvements to land and appurtenances
placed on the premises.
8. INIPROVEN ENTS_ No structure or improvements of any kind shall be placed upon the
land without prior approval in writing by the County Administrator and building permits issued
by the County and any other agency, federal or state, required by law. Any such stricture or
improvements shall be constructed in a good and workmanlike manner at Lessee's sole cost and
expense. Subject to any landlord's lien, any structures or improvements constructed by Lessee
shall be removed by the Lessee at Lessee's sole cost and expense, by midnight on the day of
termination of this Agreement or extension hereof, and the land restored as nearly as practical to
its condition at the time this agreement is executed unless the Board of County Commissioners
accepts in writing delivery of the premises together with any structures or improvements
constructed by Lessee, portable or temporary advertising signs are prohibited.
Lessee shall perform, at the sole expense of Lessee, all work required in the preparation
of the property or premises hereby leased for occupancy by Lessee; and Lessee does hereby
accept the leased property or premises as now being in fit and tenantable condition for all
purposes of Lessee.
County reserves the right to inspect the leased area and to require whatever adjustment to
structures or improvements as County, in its sole discretion, deems necessary. Any adjustments
shall be done at Lessee's sole cost and expense. Any building permits sought by Lessee shall be
subject to permit fees.
9. HOLD HARMLESS. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the County and
the County's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, 00 any litigation, administrative proceedings, appellate
proceedings, or ether 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
__ Page 5 -
with, (A) any activity of Lessee or any of its employees, agents, contractors or other invitees
during the term of this Agreement, (B) the negligence or willful misconduct of Lessee or any of
its employees, agents, contractors or other invitees, or (C) Lessee's default in respect of any of
the obligations that it undertakes under the terms of this lease, 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 (ether than Lessee). Insofar as the claims, actions, causes of action, Litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of this
Iease, this section will survive the expiration of the term of this Iease or any earlier termination of
this lease.
10. NON-DISCRINUNATION. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree that that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. The LESSEE for itself, its personal representatives,
successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant
and agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title iX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 5223 and 527 (42 USC ss.
690dd-3 and 290ee-3 ), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et sect.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Nate), as maybe amended from time to time, relating to
-- Page 6
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in
any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
11. TERNIINATIUN. The County may treat the Lessee in default and terminate this
Agreement, upon 7 days written notice. upon failure of Lessee to comply with any provision of
this Agreement. Lessee may terminate this Agreement upon giving thirty days prior written
notice to County.,
12. DEFAULT -WAIVER. The waiver by the Lessee or the County of an act or omission
that constitutes a default of an obligation under this Agreement does not waive another default of
that or any other obligation.
13. ASSIGNINIENT. The Lessee may not assign this Agreement or assign or subcontract
any of its obligations under this Agreement without the approval of the. County's Board of
County Commissioners. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the Lessee and the County.
14. GOVERNING LAW VENUE INTERPRETATION. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In [lie event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Lessee agree that venue will lie
in Lite appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The County and Lessee agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
15. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
_ _ Page 7
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The County and Lessee agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
16. ATTORNEY'S FEES and COSTS. The County and Lessee agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings 'initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
17. BINDING EFFECT. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the County and Lessee and their respective legal
representatives, successors, and assigns.
18. AUTHORITY. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
19. CLAIMS FOR FEDERAL OR STATE AID. Lessee and County agree that Lessee
shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by County party prior to Submission.
20. ADJUDICATION OF DISPUTES OR DISAGREENIENTS,. County and Lessee
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy
as may be provided by this Agreement or by Florida law.
21. COOPERATION. In the event any administrative or legal proceeding is instituted
Page 8
against either party relating to the formation, execution, performance, or breach of this
Agreement, County and Lessee agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. County and Lessee specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
22. COVENANT OF NO INTEREST. County and Lessee covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that the only interest of each is to perform and
receive benefits as recited in this Agreement.
23. CODE OF ETHICS. County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
24. PUBLIC :-ACCESS. The Corinty and Lessee shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY and LESSEE in conjunction with this Agreement: and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Lessee.
25. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768,28,
Florida Statutes, the participation of the County and the Lessee in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
26. PRIVILEGES AND ILtUNITIES. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents, or
- - Page 9
employees of any public agents or employees of the County, when performing their respective
Functions under this Agreement within the territorial limits of the County shall apply to the same
degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
27. LEGAL OBLIGATIONS ANI) RESPONSIBILITES: Non -Delegation of
Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed
as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating
entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the County, except to the
extent permitted by the Florida constitution, state statute, and case law.
28. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and Lessee agree that neither the County nor the Lessee or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
29. ATTESTATIONS. Lessee agrees to execute such documents as the County may
reasonably require, including a Public Entity Crime Statement. an Ethics Statement, and a Drug -
Free Workplace Statement.
30. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
31. EXECUTION IN COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken
— - ---- - - Page
to - -
together shall constitute one and the same instrument and any of the parties hereto may execute
this Agreement by signing any such counterpart.
32. SECTION HEADINGS. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
33. MUTUAL REVIEW. This agreement has been carefully reviewed by Lessee and
County, therefore this agreement is not to be construed against either party on the basis of
authorship.
34. NOTICES. Notices in this Agreement, unless otherwise specified, must be sent by
certified mail to the following:
COUNTY: LESSEE;
Carol Stevens, Executive Director
County Administrator Steve Miller, President
1100 Simonton Street The Lower Keys Chamber of Commerce, Inc.
Key West, FL 33040 31020 Overseas Highway MM 31
PO Box 430511, Big Pine Key, Florida, 33043
And
Monroe County Public Works
1100 Simonton Street
Key West, FL 33040
35. RELATIONSHIP OF PARTIES. The Lower Keys Chamber of Commerce, Inc. is,
and shall be, in the performance of all works, services, and activities under this Agreement, an
independent agency, and not an employee, agent or servant of the County. The Lower Keys
Chamber of Commerce, Inc. shall exercise control, direction, and supervision over the personnel
and volunteers who use the premises. The Lower Keys Chamber of Commerce, Inc. shall have
no authority whatsoever to act on behalf of and/or as agent for the County in any promise,
agreement or representation other than specifically provided for in this agreement. The County
shall at no time be legally responsible for any negligence on the part of the Lower Keys Chamber
of Commerce, Inc., its employees, agents or volunteers resulting in either bodily or personal
injury or property damage to any individual, property or corporation.
36. FULL UNDERSTANDING. This Agreement is the parties' final mutual understanding.
It replaces any earlier agreements or understandings, whether written or oral. This Agreement
cannot be modified or replaced except by another written and signed agreement.
37. EFFECTIVE DATE. This Agreement will takL- effect on May 01, 2013.
Page
11
IN WITNESS WHEREOF, each party has caused this Agreement to be execrated by -its
drily authorized representative.
(SEAL) BOARD OF COUNTY CONIMISSIONERS
ATTEST: AMY HEAV 1LIN, CLERK OF 1'vl.ONROE COUNTY, FLORIDA
By By
Depmy Clerk
(SEAL)
Ntayor/Chairman
THE LOWER KEYS CHANTBER OF
COMMERCE, INC.
ATTEST 'Witness
By By
Title �IYYh;r� Rs 1 s DGJfr' 4,A s JiA& -Title . - i�c c -�t - - - "t iL¢�-�-�'�
Address:_pb
336Y-3
Phone; SOS:
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ROV D AS 1
PEDRO J. MV
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