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FY2022 1st Amendment 05/18/2022 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: June 2, 2022 TO: Arrimie Machan, Adniiiiistrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18th BOCC Meeting Attached is an electronic copy of the following item,which has been added to the record: F1 1st Arnendrnent to the Assign Agreement for the Key West Songwriters Festival (Turnkey Event Agreement) from Bauer Restaurant, Inc. to KW Songwriters, LLC. Should you have any questions please feel free to contact me at (305) 292-3550. cc: 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 AMENDMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF TURNKEY EVENT FUNDING AGREEMENT THIS AMENDMENT AND CONSENT TO ASSIGNMENT AND ASSUMPTION OF AGEEMENT ("Agreement") is entered into on 18th day of May 2022, by and between Monroe County, Florida ("County") and Bauer Restaurant, Inc. ("Event Contractor" or "Assignor"), and KW Songwriters, LLC ("Assignee"). WHEREAS, an agreement was entered into on October 20, 2021 (Turnkey Event Agreement) between County and Bauer Restaurant, Inc. (Event Contractor) to use Tourist Development funding for the Key West Songwriters Festival in May 2022 (the "Event"); and WHEREAS, the Event Contractor/Assignor was not able to continue to sponsor the Event; and WHEREAS, the Assignee is qualified and had agreed to sponsor and produce the Event; NOW THEREFORE, the above parties agree as follows: 1. Event Contractor/Assignor hereby assigns and transfers all of its rights, title and interest in, to and under the Turnkey Event Agreement dated October 20, 2021. 2. Assignee shall and does assume all obligations and responsibilities of Event Contractor/Assignor under the Turnkey Event Agreement. County approves and consents to the assignment of the Turnkey Event Agreement from Assignor to Assignee, the new Event Contractor. 3. In consideration for such consent to assignment by the County, the Assignee agrees to be bound by all the terms and conditions of the Turnkey Event Agreement dated October 20, 2021. 4. Paragraph 27-Notice of the Turnkey Event Agreement shall be amended to reflect the following changes: For Event Contractor: Kyle Muehlauser KW Songwriters LLC 512 Eaton St. Key West, FL 33040 5. All other provisions of the Turnkey Event Agreement dated October 20, 2021, not inconsistent herewith, remain in full force and effect. Assignment of Agreement for FY 2022 Key West Songwriters Festival ID #: 2729 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/25/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mandy Thorsen NAME: Diamond Insurance Partners A/cNN. Ext: (305)292-6060 a/c,No): (305)292-6002 8501 N Scottsdale Rd,Ste 200 E-MAIL mthor@kwdiamond.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Scottsdale AZ 85253 INSURERA: Atain Specialty Insurance C 17159 INSURED INSURER B KW Songwriters LLC INSURER C: 33 West Street INSURER D: STE 200 INSURER E: Annapolis MD 21401 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2232533957 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A Y BWPF0072502 05/04/2022 05/09/2022 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑ PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accide nt) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident I, $ UMBRELLA LIAB OCCUR � 'i � �P EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE 11y, „„_... AGGREGATE $ DED I I RETENTION $ DA ,.,,, 2. _ WORKERS COMPENSATION williliX PER OTH- AND EMPLOYERS'LIABILITY Y/N � iw,r��- STATUTE INA ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is listed as additional insured CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 � /®1,� ,,, @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD