Item P7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 17, 2012
Bulk Item: Yes No X
Division: County Attorney
Staff Contact Person: Natileene Cassel
Contract # 292-3470
AGENDA ITEM WORDING: Discussion and possible vote on the recommendation of the
selection committee regarding two proposals received on September 12, 2012, regarding the latest
Hickory House RFP. The selection committee ranked the two proposals and recommended that
neither proposal be accepted.
ITEM BACKGROUND: The bid opening for the latest RFP on the Hickory House was held on
September 12, 2012. A proposal was received from Florida Yacht Charters and Richard
Buckheim. These are the same two proposers who responded to the prior RFP. On September 27,
2012, the selection committee met and determined that both of the submittals contained
irregularities and moved forward with evaluating the proposals. The committee reviewed the
proposals individually, held detailed discussion and ranked Florida Yacht Charter's proposal first.
However, the committee felt that it was not in the best interest of the county for the BOCC to
accept either proposal and recommended that the BOCC reject both proposals and not advertise
for another RFP. Following the meeting the representatives of the proposers and the committee
held frank conversations regarding any future offerings. These discussions will be brought to the
BOCC for consideration and information.
PREVIOUS RELEVANT BOCC ACTION: In August 2006, the County purchased the
property located at 5948 Peninsula Avenue, Stock Island, Florida. A bid from King's Pointe
Marina LLC (KPM) was initially accepted, and then canceled in August 27, 2008. Subsequent
RFPs were rejected by the BOCC on August 19, 2009, November 19, 2009, October 20, 2010 and
September 21, 2011.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Reject both proposals
TOTAL COST: -0- BUDGETED: Yes N/A No _
DIFFERENTIAL OF LOCAL PREFERENCE: both proposals contained a local preference
COST TO COUNTY: see above SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
C�-
APPROVED BY: County Atty A-U) OMB/Purchasing Risk Management _
DOCUMENTATION: Included X Not Required
(Included are the pertinent portions of each proposal, the financial records are confidential and
are not attached.)
DISPOSITION: AGENDA ITEM #
Response to Request for
Sale/Purchase/Lease of the "Hickory House" Property
Proposer:
Florida Yacht Charters & Sales, Inc.
D.B.A. Florida Yacht Group
1177 Avenue C
West Palm Beach, FL 33404
Phone: (561) 844-1100
David P. Sell
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Executive Summary
Florida Yacht Charters & Sales, Inc. D.B.A. Florida Yacht Group (FYG) has
operated a bareboat charter fleet of sailing and power boats since 1983. FYG was
purchased by David P. Sell in 2007. The company currently operates bases in Key
West, Miami, St. Petersburg and Marsh Harbour, Bahamas. In addition to its
charter fleet, FYG sells new and used boats as well as providing service for
vessels. FYG currently represents the world's two largest sailboat manufacturers
(Beneteau and Jeanneau) and the world's second largest catamaran manufacturer
(Fountaine Pajot).
The current office of Florida Yacht Group is located across the street from
the Hickory House at 5950 Peninsular Avenue in Oceanside Marina. The office
has been managed by Laura Kirby and Vanessa Linsley for over twelve years now.
Florida Yacht Group's proposal is to lease, then purchase the Hickory House
Property in order to own a permanent base in Key West. Although section 1.01 B.
6. instructs proposers not to include use of the bay bottom adjacent to the property,
section 1.01 E. and 1.04 B. do indicate that the county desires a "Detailed and
Complete Proposal". FYG believes open and full disclosure is the best policy.
FYG phone calls and emails to/from the state indicate their willingness to renew
the Bay Bottom Lease and willingness to permit repair of the existing docks.
Therefore, FYG must disclose if it obtains permission to do so from the state, it
will immediately repair or replace the docks to permit dockage of 6 to 9
catamarans which will operate in the FYG charter fleet. If FYG is unable to obtain
permission to do so, it will leave the fleet at Oceanside Marina and utilize the
property solely for it its commercial/retail and residential value.
It also intends to eventually tear down and rebuild the premises according to local
building codes. The first floor will be allocated to commercial, office and retail
space while the second floor will be assigned to affordable housing rental
properties.
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Relevant Experience
Florida Yacht Group has 30 years of experience operating a marine
dealership and charter fleet and over 15 years in Key West. We operate our
bareboat charter fleet 365 days a year in our current location, which also serves as
a yacht sales location. Our staff can provide best advice, guidance and support
whether purchasing a new or used boat or selling one. Laura Kirby and Vanessa
Linsley have both been residents of Key West since 1997. They have tremendous
experience in the boating industry.
David P. Sell, the owner of FYG has vast experience in the corporate sector.
He began his career working for Proctor & Gamble. He retired as President of
Burger King France & Germany at the age of 37. Following his retirement, he has
started his own consulting business, export company, land development and
residential construction companies. Most recently he purchased the yacht
dealerships of Eastern Yachts and Yacht Sales Florida along with Florida Yacht
Charters & Sales, Inc. to form the Florida Yacht Group.
David P. Sell is also the owner of BEEN Construction Company LLC which
has vast experience in small and large construction projects. REEN has been in
business since 1999. Since his construction company is based in Pennsylvania, he
will act as a General Contractor and use local construction companies to perform
the demolition and new construction on the property. More information about
REEN Construction Company LLC can be found at www.reenhomes.com
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Services
1. Bareboat chartering: Vessels consist of two (2) to five (5) cabins
allowing families and friends of parties up to ten (10) to experience Key
West and the surrounding areas. In addition to provisioning, each charter
group of 8 typically spends about $4,200.00/week on souvenirs, dining
out, other supplies and other purchases. Assuming 20 weeks/year x 8
boats, this amounts to $672,000.00 additional annual benefit to the local
economy.
2. Local provisioning: FYG provides provisioning as a service to our
charter clients, but they also do their own shopping at local grocery stores
and marine outlets. Typical provisioning costs for an 8 person charter
week averages $2,800.00. Assuming 20 weeks/year x 8 boats, this totals
$448,000.00 to the local economy.
3. Marine repair services: We provide service repairs for our charter owners
and also for retail customers as needed.
4. Sailing School: Florida Yacht Group is licensed by the American Sailing
Association to provide sailing instruction and certification for students.
5. Sales: We offer professional licensed brokers to handle new and used
vessel sales.
6. Boat cleaning: Our staff provides cleaning services to our charter owners
in addition to performing retail work.
7. Commercial and retail office space: FYG proposes to develop 4 to 7 pads
(depending on zoning codes) of approximately 1,600 sq. ft. /pad for
commercial and retail office space.
8. Affordable housing: FYG proposes a second floor of 8 to 12 affordable
housing for local workers to rent. These would be small 1 bedroom units
of approximately 800 sq. ft. each.
9. Small Tiki bar/restaurant: FYG proposes a bar/restaurant by the water
with a limited menu and operating hours.
1 O.Pool: FYG proposes to build a small 8' x 12' shallow (4' deep) sport
pool for residents, charter clients and guests to use.
Purchase Alternative
1. Florida Yacht Group intends to purchase the property for $1,020,000.00 at
the end of a ten (10) year lease.
2. Lease payments totaling $202,200.00 shall be considered as down payment.
3. FYG agrees to accept a quitclaim deed pursuant to Florida Statute Section
125.411.
4. FYG will pay for a property survey, dock stamps and insurance.
5. FYG estimates to close on the property October 2022.
6. Prior to purchase FYG shall put 20-30 percent down as required by market
rates. Financing approval shall be obtained ninety (90) days prior to the
closing.
7. FYG will obtain private financing.
8. There are no other persons of interest in addition to the names listed below
in item 9.
9. Florida Yacht Charters & Sales, Inc. D.B.A. Florida Yacht Group is a
corporation with FEI number: 59-2372118. The persons with an interest in
the firm are the following:
- David P. Sell
- Per Huffeldt
- Bob Everhard
- Rudy Amelio
- Bob Cauley
- Joe Paranee
10. Proposer shall immediately commence repair of docks if permission is
granted from the state. This is estimated to take twelve months. Proposer
shall commence demolition of structures within twelve months of
completion of dock repairs. Within thirty six months proposer expects to
construct two to three new two-story buildings as shown in "Other
Information" section.
11. Exterior of building will be consistent with adjacent townhomes in
neighborhood.
12. To be provided upon notification FYG proposal is accepted. Approximated
6,400 to 9,600 sq. ft. of commercial/retail space plus same amount of
residential space on second floor. Improvements estimated between
$1,250,000.00 and $1,850,000.00.
13. FYG has no suggested clauses for the purchase and sale agreement of the
property.
14. We propose no use of adjacent road or ramp. However, we would be willing
to cooperate and work with County to make the ramp accessible and useable,
and collect usage fees for County if desired.
Lease Alternative
Florida Yacht Group proposes to lease the property for ten (10) years at a
total rental of $202,200.00 and then purchase the property at the end of the lease
for $1,020,000.00. Total lease payments and purchase price shall amount to
$1,2221200.00.
1. Total amount of the lease over ten (10) years is $202,200.00
2.
Year
Monthly Rent
Annual Rent
1
$1,500.00
$182000.00
2
$1,500.00
$182000.00
3
$1,500.00
$18,000.00
4
$1,650.00
$19,800.00
5
$100.00
$192800.00
6
$1,650.00
$19,800.00
7
$1,800.00
$21,600.00
8
$1,800.00
$21,600.00
9
$1.1800.00
$215600.00
10
1$2,000.00
1$24,000.00
3. FYG will provide first, second, and security deposit at the execution of the
lease.
4. Proposer shall immediately commence repair of docks if permission is
granted from the state. This is estimated to take twelve (12) months.
Proposer shall commence demolition of structures within twelve (12)
months of completion of dock repairs. Within thirty six (36) months
proposer expects to construct new two (2) to three (3) two (2) story
buildings.
5. First floor of structure will be used for commercial/retail office suites.
Second floor anticipated use is affordable housing units for local workers.
6. To be provided upon notification FYG proposal is accepted. Approximated
6,400 to 9,600 sq. ft. of commercial/retail space plus same amount of
residential space on second floor. Improvements estimated between
$1,250,000.00 and $1,850,000.00.
7. Exterior of building will be consistent with adjacent townhomes in
neighborhood.
8. We propose no use of adjacent road or ramp. However, we would be willing
to cooperate and work with County to make the ramp accessible and useable,
and collect usage fees for County if desired.
9. Lease term is ten (10) years after which FYG shall purchase the property for
$150201000.00
1 O.Insurance requirements will be complied with.
11.Florida Yacht Charters & Sales, Inc. D.B.A. Florida Yacht Group is a
corporation with FEI number: 59-2372118. The persons with an interest in
the firm are the following:
- David P. Sell
- Per Huffeldt
- Bob Everhard
- Rudy Amelio
- Bob Cauley
- Joe Paranee
See attached documentation demonstrating entity is legal.
12.Proposed contractors shall be selected from the local labor pool and will be
dependent upon availability at the time of approval.
13.Prior to purchase FYG shall put 20-30 percent down as required by market
rates. Financing approval shall be obtained ninety (90) days prior to the
closing.
14.FYG will obtain private financing.
15.Proposer hereby includes an option to purchase the property at the end of the
lease for $1,020,000.00.
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Broker / Associate
o Certified Commercial Investment Member
COLDWELL BANKER COMMERCIAL
SCHMITT REAL ESTATE, CO.
1442 Kennedy Drive
KEY WEST, FL 33040
WEBSITE www.KeyWestCommercial.com
100430 Overseas Hwy.
KEY LARGO, FL 33037
WEBSITEwww. FloridaKeysCommercial.com
BUS. (305) 292-7441
FAX: (305) 296-6770
TOLL FREE (800) 598-7727
4-0084
Response o equest for MaKeysCOBILE inmerc305) al.com
EMAILCurtisna FloridaKevsCommen:ial com
Sale/Purchase/Lease of the
"Hickory House"
Property
Monroe County, Florida
Richard Buckheim
900 Johnson St.
Key West, FL 33040
305-745-4775
Contact Person: Curtis Skomp, CCIM
Coldwell Banker Commercial Schmitt Real Estate Co.
305-292-7441- Office
Curtis(-,FloridaKeysCommercial com - email
Richard Buckheim
Bom Detroit, Michigan 4n143
Attended San Diego State University
Graduate of Eastern Michigan University
On the faculty of both Eastern Michigan University and the University of Michigan.
1966 Moved to San Francisco Cali£ Worked in advertising and marketing
1968 Moved back to Ann Arbor, Michigan and accepted a position as creative director with Stacy
Vandergift & Wolson Advertising.
1971 Formed Buckheim & Rowland / Advertising and marketing. Grew the company to offices
in Ann Arbor, Detroit, New York City and Melboume, Florida - Clients included:
6 Michigan Banks
Hatteras Yachts - High Point, N.C.
Metropolitan Detroit Conference and Visitors Bureau
Harris Corp. / Melbourne, FL
Several Art Galleries and museums in New York City
1980 Sold the business and moved to Florida Keys. Bought Hopkins Island (12 am island -
Newfound Harbor Keys ) Built a house, married Susan Bailey and had 2 Children.
1986 Bought the Bagatelle building on Duval Street and opened the Bagatelle restaurant.
1993 Bought Swinging Doors bar Building on Grinell St and opened the Ballyhoo restaurant
(now Finig a s Wake.)
1995 Founding director Marine Bank - as Chairman grew bank to 6 branches - merged it into
HocneBancsha= - (Centennial Bank) Currently serves on the board of HBI and is
C airman of Centennial Banks Florida West Coast Region.
Strengths in this market:
30 year resident of the Keys
Strong marketing / management and finance background
Has been a licenced lobster, stone crab and blue crab fisherman as well as owning a charter
fishing business out of Little Palm Island.
Currently is an owner of an LLC with multiple fishing licences in Florida waters. The
corporation also owns and runs a Oft. Commercial vessel.
L d e9E: L L L L Z L Inf
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Richard Buckheim
Born Detroit, Michigan 4/7/43
Attended San Diego State University
Graduate of Eastem Michigan University
On the faculty of both Eastern Michigan University and the University of Michigan.
1966 Moved to San Francisco Cali£ Worked in advertising and marketing
1969 Moved back to Ann Arbor, Michigan and accepted a position as creative director with Stacy
Vandergiti & Wolson Advertising.
1971 Formed Bacldleim & Rowland / Advertising and ma&eting: Grew the company to offices
in Ann Arbor, Detroit; New York City and Melbourne, Florida - Clients included:
6 Michigan Banks
Hatteras Yachts - High Point, N.C.
Metropolitan Detroit Conference and Visitors Bureau
Hams Corp. / Melbourne, FL
Several Art Galleries and museum in New York City
1980 Sold the business and moved to Florida Keys, Bought Hopkins Island (12 ar:re island -
Newfound Harbor Keys ) Built a house, married Susan Bailey and had 2 Children.
1986 Boughrt the Bagatelle building on Duval Street and opened the Bagatelle restaurant.
1993 Bought Swinging Doors bar Building on Grinell St. and opened the Ballyhoo restaurant
(now Finigans Wake.)
1995 Founding director Marine Bank - as Chairman grew bank to 6 branches - merged it into
HOmeBancdmm (Centennial Bank) Currently serves on the board of HBI and is
Chairman of Centennial Banks Florida West Coast Region' Immanuhmmaida
POP
Strengths in this market:
30 year resident of the Keys
Strong marketing / management and finance background.
Has been a licenced lobster, stone crab and blue crab fisherman as well as owning a charter
fishing business out of Little palm Island.
Currently is an owner of all LLC with multiple fishing licences in Florida waters. The
corporation also owns and runs a 43ft. Commercial vessel.
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Services
Fish House and Marina Related Services
The Business Plan is to provide wholesale dockage to Commercial Fishing Vessels, allowing
them to unload their fish into refrigerated tractor trailers for transport to end users.
Profits will result by wholesaling from vessels to distributors as well as over the counter sales to
local businesses (restaurants, markets, special events).
If the desired results occur, the Proposer will add a small restaurant operation, offering fresh
fish products (sandwiches/meals/etc).
This Proposer has 25 years of experience in the restaurant business in Key West. He knows how
to deal with construction, appointment, staffing and public expectations regarding food sales.
He is financially capable of planning and implementing his plans at this location.
Mr. Buckheim also understands the needs to the working waterfront in Key West/Stock Island.
He has been a commercial fisherman and knows their issues in doing business with the public.
He will be extremely effective in helping them sell their cargos for a profit.
Sep 10 12 *1 2:37p PA
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Memo regarding -the lease or purchase of the Hickory House Property on Stock Island.
From Dick Buckheim
MY Johnson St. Key West
Over a year i ar ago I submitted 'a bid *to lease the Hickory House property with an option to
buy t believe it was a fair offer but it was rejected"by the county, at that time.
My intention was and OR is to convert thi's property to a working waterfront for local'
independentfin fisherman. In the oommerciatfthing world:an independent fisherman is
notalignedwith a fish -house and --has the option to seff-his-fish to the tii4hW bidder.
RrT Fmherman target main'l'ysnapperand-grouper byway -of hook- and line. They -do not
require ft storage of traps or nets associated with most- local. fishing docim. Basically,
we won't be, stinidng- up- the neighborhood I We. - Freamy-have a Call 111 d -group of 45
hangyoung, hhg men on five boats; all in their &s who were bom and,raised in the
Keys and -hope- to remain In the Keys. My-26-yearolct sort is one ofthem. Jhey _are all'
licensed -and *appmved fbr the type of :fishing they do, which can take them as far as 156
miles from lKey-West art trips that -may lastup-to 4 or6'days. buetonew unloading -
laws they can only unload their* catch at . SPeCftNMlk licensect'docks.This 'has hinderect,
tinetrability tD sWp amurxtfbrtop dbilarfortheir catch. Currerrtly, OWhave to pay -
hundreds of dollars per month to keep #iei boats; at'a marina and, additionally, tftey
also have to pay -to offload' theircatcl , at a separate thint party-facifty.
My plan fbr the Hickory House property is to provide a home base for this category of
local fisherman. It would provide a location where they -can . 7ey-can keep theirvessels- and load
and offload their catch at -a single licensed facility A ficility which can also provide bat
im and the equipmenUttakes to b& and unload theircatch. Becausetherearena
traps to be stored*- and those boats go out -everyday- if is a clean non-invasive
operddorr and- would be rurr as a fin fisherman's I's co:..W. The- unloading at UK= large
quantities offish could'even be a touristattiactlom
In addition to the loading- and unloading we are licensed to have a- wholesale fish house.
We wN provide fresh fish daffy to focal stones and restaurants and Ultfiately open a
retail* store for truly-frestT local- fistr. We are cur=Mylicensed to accomplisft this goad*.
Also, a smali*seaf6od -restaurant-ts part of 'our plan.
As was with my- first- offer, a contingency periodat-fte would be required to be able to
get the permits to build the docks and -boat, slips. This, process could take as much as a
year to complete.
My- suggestion is that (ease the property for a year at $2,Doilper month as a due -
diligence period. If ait goes weltme could extend the period of the lease or t would- be
willing to purchase the property at the appraised- value afarry time the two pates could'
agree to
CURTIS SKOMP, CC'IM
Broker / Associate
Certifies{ Commercial Investment Member
COLDWELL BANKER COMMERCIAL
SCHMITT REAL ESTATE, CO.
September 12, 2012
County of Monroe
1100 Simonton St.
Key West, FL 33040
Re: Letter of Intent to Lease
5948 Peninsular Ave., K.W., FL
Aka: Hickory House property
1. TENANT: Richard A. Buckheim
2. LOCATION: 5948 Peninsular Ave, Key West, FL 33040
Luani Plaza
1442 Kennedy Drive
KEY WEST, FL 33040
www.FloridaKeysCommercial.com
BUS. (305) 292-7441
FAX: (305) 296-6770
TOLL FREE (800) 598-7727
MOBILE (305) 304-0084
EMAIL Curtis@FloridaKeysCommercial.com
3. PREMISES: Landlord shall deliver to Tenant a detailed description of
the leased property and the building.
4. USE OF Tenant's intended use is for a commercial/marina property
PREMISES: serving local commercial fishermen as a wholesale &
potentially retail fish house, as currently zoned per
Monroe county Land Use Regulations.
5. TERM: Base term of two (2) years. Tenant has the right to
terminate after year 1 with no further obligation at
Tenant's sole discretion.
6. OPTION: Option to Renew Four (4) Two (2) year terms.
7. RENT: $2,000/mos. plus sales tax.
8. ESCALATIONS: Each two (2) year option period rent to be increased by
Three (3)%.
9. TOTAL VALUE
OF LEASE: Two years plus 4 — Two year options plus 3% increases
every 2 years equals Total Lease Value to County of
$254,838.
10. SECURITY AND
ADVANCED RENT
DEPOSIT: 1" mos., 2nd mos. and security in the amount of 2 mos.
rent.
11. INSURANCE: Tenant to provide, at Tenants expense, Certificate of
Insurance & certified copy of actual policy.
12. LEASE
COMMENCEMENT: January 1", 2013
13. DELIVERY: "As Is"
14. RENT
COMMENCEMENT: January I'`, 2013
15. TENANT
IMPROVEMENTS: Tenant shall make all improvements to property at Tenants
sole cost & expense. Tenant shall retain the right at
Tenants sole & absolute discretion to demolish the
building and replace with other buildings per Monroe
County Land Use Regulations.
16. PERMITS: Tenant shall obtain, at Tenants expense, all required
Permits and approvals for the construction of the Premises
and Tenants use thereof, including any required variances,
certificates of occupancy, and other use and occupancy
permits.
17. EARLY
TERMINATION: See #5.
18. SIGNAGE: Tenant shall have the right to place a sign as per
Monroe County regulations, at Tenants sole cost &
expense.
19. ASSIGNMENT
AND SUBLETTING: Landlord shall not unreasonably withhold or delay its
consent to Tenants request for an assignment or sublease
providing replacement tenant has equal or greater net
worth and is a tenant of similar quality.
20. HAZARDOUS
MATERIALS: Landlord shall indemnify, protect, defend, and hold
harmless Tenant against all cost and liability resulting
from the presence of Hazardous Materials in and around
the Premises.
21. UTILITIES: Tenant will be responsible for all utilities.
22. BROKERAGE
COMMISSION: Coldwell Banker Commercial Schmitt Real Estate Co. is
representing the Tenant. Tenant shall compensate Broker
Leasing fee per separate agreement. Landlord shall be
responsible for a Six (6) % Commission
should Tenant exercise option to purchase per proposed
Option Purchase Agreement.
23. EXCLUSIVE
AGREEMENT: Landlord further agrees not to accept any other offers,
Letters of Intent or Letters of Interests on the subject
property during the period that this Letter of Intent
is binding on the parties. The Landlord agrees to
cooperate with the Tenant in all phases of Tenant's due
diligence.
24. PURCHASE
OPTION: At any time during the first three years of the lease, Lessee
shall have option to purchase at agreed upon price. Price
shall be determined by appraised value & shall appraise
land value only, not improvements made by Tenant.
Parties jointly split cost of I" appraisal. If that price is
not acceptable to both parties, a second appraisal shall be
ordered, again splitting the cost of 2nd appraisal. Those
two appraisals will be averaged for the agreed upon sales
price. If Lessee does not purchase by end of year 3, the
lease continues in full force and effect.
25. LEASE: This LOI is considered non -binding and no enforceable
Contract between the parties exists until the lease/ option
agreement has been fully executed by both parties. This
LOI is valid for a period of ninety (90) days. Tenant to
deliver the draft lease to Landlord for Landlord's review
and approval within 10 days from acceptance of this LOI.
Parties agree to negotiate in good faith and have an
executed contract, or not, within 60 days of Landlord's
receipt of said contract.
26. INDEMNIFICATION
CLAUSE: The Proposer to whom a contract is awarded shall defend,
indemnify and hold harmless the County. The Proposer
covenants and agrees to indemnify, hold harmless and
defend Monroe County, its commissioners, officers,
employees, agents and servants from any and all claims
bodily injury, including death, personal injury, and
damage, including damage to property owned by Monroe
County, and any other losses, damages, and expenses of
Agreed;
any land, including attorneys fees, court costs and
expemc% which arise out of, in conzwtion With, or by the
neglrgenoe, errors, or other wrongful act or omission of the
Proposer, its offerers, employees, servants or agents,
Invitees, heirs or assigns. In the event that the agreement
is delayed or suspended as a result of the Proposces
failure to purchase or maintain the required insurance, the
Proposer shall indemnify the County from any and all
increased expenses resulting from such delay.
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