HomeMy WebLinkAbout08/17/2022 Agreement GV�S COURTq c
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: August 19, 2022
TO: Rhonda Haag
Chief Resilience Officer
FROM: Liz Yongue, Deputy Clerk
SUBJECT: August 17th BOCC Meeting
The following item has been executed and added to the record:
P2 Contract with Casa Marina Lessee LLC d/b/a Casa Marina Key West, Curio
Collection by Hilton,for conference hosting and implementation services for the 16th Annual
Southeast Florida Regional Climate Change Surntnit to be held in Key West on December 16-18,
2024 in the amount of$187,950.00. The Surntnit is being hosted by Monroe County on behalf of
the Southeast Florida Regional Climate Change Compact, a four-county partnership created for
the purpose of collaborative planning and implementation of adaptation and mitigation strategies
related to climate change.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Cotulty Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
�Wr Hilton
CrASA MARINA
K E v" WEST
CURIO COLLECTION
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QUICK CONFIRMATION AGREEMENT
Casa Marina Key West, Curio Collection by Hilton
1500 Reynolds Street
Key West, FL 33040
This Quick Confirmation Agreement("Agreement")is by and between Monroe County Florida("Group")and Casa Marina Lessee LLC
("Owner")d/b/a Casa Marina Key West,Curio Collection by Hilton (the"Hotel").
Especially Prepared for: Event&Hotel Information:
Group Rhonda Haag Name of 16th Annual Regional Climate Change Summit
Contact. "Event":
Title: Director Sustainability&Projects Date(s) of Monday,December 16—Wednesday,December 18,2024
Event:
Company Post to
Name: Monroe County Florida Reader 16th Annual Regional Climate Change Summit
Board As:
Address: 102050 Overseas Highway, Suite 246 Hotel Tracy Blough
Contact:
City, Key Largo, FL 33037 Title: Senior Sales Manager
State,Zip:
Phone: 305-453-8774 Phone: 954 789-6980
Email: haag-rhonda@monroecounty-fl.gov Email: tracy.blough@hilton.com
Room Block and Rates: Hotel is pleased to confirm the following negotiated group room rates:
Room Type Sat Sun Mon Tue Wed Thu Total
12/14/2024 12/16/2024 12/16/2024 12/17/2024 12/18/2024 12/19/2024
Staff Rooms 10 10 20
$209.00 $209.00 $209.00
Guest Room 3 39 117 117 2 2 280
$319.00 $319.00 $319.00 $319.00 $319.00 $319.00 $319.00
Historic Flagler Ocean View 1 1 24 24 2 2 54
No Balcony $369.00 $369.00 $369.00 $369.00 $369.00 $369.00 $369.00
Ocean View w/Balcony 49 49 10 10 118
$409.00 $409.00 $409.00
Block Total 4 40 200 200 14 14 472
TOTAL SLEEPING ROOM NIGHTS RESERVED:472 TOTAL ANTICIPATED SLEEPING ROOM REVENUE: $161,688.00
Group room rates as noted in"Room Block"above are net,non-commissionable and exclusive of applicable state,local taxes,fees and assessments.
For attendees that book rooms over the official Event dates,quoted sleeping room rates will be offered to those Group's attendees,based on availability
of contracted room type(s),one(1)day before and one(2)days after the peak night's(peak nights are December 16&17).
Resort Charge: Sleeping room rates are quoted exclusive of applicable resort charge.Therefore, in addition to the sleeping room rates set forth in this
Agreement,there will be a daily resort charge,currently$46.00;REDUCED TO$26.00 per room,per night,plus applicable state and local tax,which will be
posted to all guest rooms to cover the following:
• Resort access&transportation between The Reach and Casa Marina Resorts(based upon availability)
• Casa Marina recreation activities:Volleyball,Table tennis,corn hole, hammocks and featuring the largest beach resort in Key West
• The Reach Recreation Activities: Life size chess, bocce ball, hammocks and featuring the largest natural sand beach with direct ocean
entry in Key West
• Beach and pool lounge chairs with umbrellas
• Poolside delighters including cold eucalyptus towel and popsicles
• Hydration stations
• Wireless internet access included in the guest rooms
• Business center access
• Fitness center access
• Local&domestic long distance phone calls
• (2)In room bottles
• In-room coffee
Amenities and Services included in the Resort Charge are subject to change.
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Schedule of Events and Function Space Charges:
Date Time Event Class Room Setup AGR Rental/
Outdoor
Setup
Sun, 12/15/24 10:00 AM-11:00 PM Office Marlin 345 Office 10
Mon, 12/16/24 6:00 AM-11:00 PM Office Marlin 345 Office 10
Mon, 12/16/24 8:00 AM-12:00 PM Setup Flaglers Ballroom Exhibition-Table Top 33
Mon, 12/16/24 11:00 AM-6:00 PM Registration Lobby Veranda Registration 4
Mon, 12/16/24 1:00 PM-5:30 PM Meeting Keys Ballroom Round Tables of 10 400
Mon, 12/16/24 2:30 PM-3:00 PM Break Keys Patio 300
Mon, 12/16/24 5:30 PM-7:30 PM Reception Flaglers Ballroom& Patio Exhibition-Table Top 350
Tue, 12/17/24 6:00 AM-11:00 PM Office Marlin 345 Office 10
Tue, 12/17/24 7:30 AM-8:15 AM Continental Breakfast Flaglers Patio Round Tables of 10 350
Tue, 12/17/24 7:30 AM-5:30 PM Exhibition/Trade Show Flaglers Ballroom Exhibition-Table Top 12
Tue, 12/17/24 7:30 AM-5:30 PM Registration Flaglers Patio Registration 6
Tue, 12/17/24 8:15 AM-5:30 PM Meeting Keys Ballroom Round Tables of 10 400
Tue, 12/17/24 10:45 AM-11:00 AM Break Flaglers Ballroom 400
Tue, 12/17/24 12:00 PM-1:15 PM Lunch Buffet Keys Patio Round Tables of 10 440
Tue, 12/17/24 3:15 PM-3:30 PM Break Flaglers Ballroom 400
Tue, 12/17/24 5:30 PM-10:30 PM Alternate Location Keys Ballroom
Tue, 12/17/24 6:30 PM-10:30 PM Dinner Buffet Fla ler Beach Round Tables of 10 450 $500.00
Wed, 12/18/24 6:00 AM-1:00 PM Office Marlin 345 Office 10
Wed, 12/18/24 7:30 AM-8:00 AM Continental Breakfast Flaglers Ballroom 300
Wed, 12/18/24 7:30 AM-12:00 PM Exhibition/Trade Show Flaglers Ballroom Exhibition-Table Top 12
Wed, 12/18/24 7:30 AM-12:00 PM Registration Flaglers Patio Registration 6
Wed, 12/18/24 8:00 AM-1:00 PM Meeting Keys Ballroom Round Tables of 10 400
Wed, 12/18/24 10:30 AM-10:45 AM Break Keys Patio 350
• Subject to change without notice.
• Group agrees to confirm with Hotel the assigned function space before printing any materials listing specific meeting or function locations.
Outdoor Functions:All outdoor functions scheduled at the Casa Marina and/or The Reach Resorts with a backup location are subject to final weather
decision by 12:00 noon on the day of the function. A$600.00 outdoor setup fee will apply for group's beach function on 12/17/24. The Hotel
Management will make this decision in the best interest of a successful event for the convention group. Music/Entertainment for outdoor functions
must conclude by 11:00 PM per the City of Key West Noise Ordinance. All beverages consumed at outside locations, including wine,will be served
in non-breakable plastic ware. No glassware of any kind is permitted at outside locations.
Depending on the time of year and scheduled time of the event,there could be costs incurred for lighting. Please check with your Event Manager for details
and requirements.
Expositions/Exhibits: Arrangements must be coordinated in advance with your CSM.
Gratuity&Service Charge:The combined gratuity and service charge that is in effect on the day of Group's Event will be added to Group's Master
Account. Currently, the combined charge is equal to 26% of the food and beverage and room rental total, plus any applicable state and/or local
taxes. A portion of this combined charge on food and beverage total (currently 1;L/6) is a gratuity and will be fully distributed to servers,and where
applicable, bussers and/or bartenders assigned to the Event. The remainder of the combined charge on food and beverage (currently 12%)and full
charge on room rental (currently 25%)is a service charge that is not a gratuity and is the property of Hotel to cover discretionary and administrative
costs of Group's Event.
Hotel will endeavor to notify Group in advance of Group's Event of any increases to the combined charge should different gratuity and/or service
charge amounts be in effect on the day of Group's Event.
Audio Visual Services: Casa Marina Key West,Curio Collection by Hilton maintains a full service,on-site audiovisual production company through
Encore. The Hotel recognizes that certain guests/clients may elect to bring in a third party supplier of audiovisual services ("Third-Party Supplier").
The Hotel and Encore are able to meet any such request(s)provided the following guidelines are followed and a copy of these guidelines are signed
by the guest/client and the Third-Party Supplier and provided to the Hotel at least 45 days prior to the event. These guidelines have been developed
to ensure the utmost safety and care for all guests of the Hotel and the Hotel premises,and to uphold a level of service and quality that is necessary
to ensure a successful event.
A. All third party vendors planning to do audiovisual work within our facility must contact Encore and the facility no less than 45 days prior to
their load in. Encore and the facility will advise these companies of the provisions that must be met and assist in assuring that your
function runs smoothly.
B. All Audio Visual Sales incentives offered by the hotel will be extended if and only if Encore is the primary audio-visual provider for the
event. If Encore is not selected as the primary audio-visual provider,all such sales incentives will become null and void,and prevailing
rates will apply to any and all services provided by Encore.
C. The group will be charged 20%of the resorts prevailing audio visual rates, plus tax and 24%service charge, if companies other than
Encore are utilized on property, or if the group's own equipment is used to supply audio visual services.
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Load In/Load Out Supervisor
• All production companies working in the Casa Marina Key West,Curio Collection by Hilton must hire a load in/load out supervisor
through our in house audio visual company, Encore.This Encore technician will supervise the setup and strike to ensure the hotel's
policies and procedures are followed.A minimum of$500.00 for set up and minimum of$500.00 for tear down will be charged during
normal business hours.There may be additional fees for Encore technician supervision outside of normal business hours.
• The Third-Party Supplier is required to provide to Encore a complete schedule of events at least 7 days before load-in including the date
and time of load-in and load-out,times of amplified audio reproduction, power tie-in/disconnect schedule and"dark room"schedules.
Summary of Revenue Anticipated by Hotel from this Agreement: For Group's information and guidance,the following chart illustrates the total
potential value of Group's Event. The Hotel has offered the negotiated group room rates, meeting roam inventory and other concessions in this
Agreement based upon the total revenue contracted,as well as additional revenue from providing additional services to Group and Group's attendees
at additional charge. Any requests for additional sleeping rooms, meeting rooms, function space and/or food and beverage to be added after
Agreement signing will be subject to availability,and agreed upon changes would be confirmed in a written amendment to this Agreement signed by
both parties.
Summary of Revenue Anticipated by Hotel from this Agreement
Total Anticipated Sleeping Room Revenue: $1619688.00
Total Anticipated Food and Beverage Revenue: $1679460.00
Total Anticipated Food and Beverage Revenue does not include gratuities,service charges,supplemental surcharges,applicable
federal,state or local taxes or any other fees outside of food and beverage product sales.
Total Anticipated Audio Visual Charges: $209000.00
rTotal Anticipated Meeting Room Rental Fees: $600.00
Estimated Total Resort Fees: $119800.00
"Total Anticipated Revenue": $3879438.00
Taxes: Group agrees to pay any and all applicable federal,state,municipal or other taxes,fees,or assessments imposed on or applicable to Group's
Event.Currently,the sales tax rate is 7.6% and the hotel occupancy tax rate is 5% (subject to change without notice). Hotel will honor any available
tax exemptions for which Group qualifies,provided that Group properly completes and timely provides all documentation required by the
applicable jurisdiction to substantiate the exemption.
Group is responsible for informing Group's attendees of all applicable daily resort fees(and service fees, if applicable),as such fees are separate and
distinct from the negotiated group room rate(s)and applicable taxes. Should any attendee object to paying a mandatory daily fee [such as a daily
resort fee and taxes(if any)] on the basis of inadequate notice of the fee by the Group,the fees to which such guest objects shall be posted to the
Group's Master Account for payment by Group.
Additional Concessions: Inconsideration of the entire value Group's Event will bring to the Hotel,the Hotel is pleased to offer the following additional
concessions based on Group's achievement of 90%or greater of the combined Total Anticipated Sleeping Room Revenue and Total Anticipated
Food and Beverage Revenue. These concessions are valued at$16,040.00.If the actual total sleeping room revenue and the actual total food and
beverage revenue for Group's Event materializes at less than 90% of the combined Total Anticipated Sleeping Room Revenue and Total
Anticipated Food and Beverage Revenue, the concessions will be reduced proportionately at the discretion of the Hotel or, at Group's request,
provided and charged to Group's Master Account at retail value, in addition to any performance damages Group may owe related to sleeping room
revenue and Food& Beverage revenue, plus applicable Meeting Room Rental Fees. Please advise Group's assigned Event Manager no later than
seven(7)days prior to first guest room arrival of Group's decision whether Group prefers to have concessions reduced or if Group wants to retain and
pay for the unearned concessions. If Group elects to pay for unearned concessions, Group agrees that Group will pay all applicable labor/union
charges,state and local taxes,gratuity and/or service charges on all concessions provided.
Item Retail Value per Units/ Duration Concession Total Retail Savings
Unit Quantity Value
Resort Fee $45.00/room/ni ht 472 room nights Program Dates Reduced to$26.00 $219240.00 $99440.00
Ten 10 Staff Rooms $209.00 20 room nights 12/16&17 Reduced to$209.00 $69780.00 $19600.00
Outdoor Setup Fee $10.00pp 1 evening 12/17 Reduced to$600.00 $49600.00 $49000.00
Food Discount: Hotel will extend a 10% discount off 2024 published banquet food prices. If for any reason Group does not provide the Hotel with
final menu selections,final agendas,and detailed daily room set specifications at least forty-five(46)days prior to the first day of the Event(the"F&B
Cut-Off Date"), Group will be ineligible to receive any food and beverage discount. The discount does not reduce Group's guaranteed expenditure
of a minimum of$167,460.00 in banquet food and beverage, excluding taxes, gratuities and service charges. If Group requests customized menus
or other discounted food and beverage options for any/all events,the discount will not apply in addition to the special pricing. Discount does not apply
to service charge or gratuity, which will be charged based on published retail price. Requests for additional labor, sub-contracted equipment,decor,
early/late or extended serve times will be the responsibility of the Group and will not be discounted
Option Dates: These arrangements are being held on a first option basis until Monday,August 22,2022(the"Option Period"). If Hotel does not
receive a signed copy of this Agreement by August 22,2022, Hotel may, at Hotel's sole option and with no notice required, release this first option,
or may continue to hold the arrangements,or may review and revise Hotel's rates. No cancellation fee shall apply if Hotel releases this first option.
Should Agreement not be signed by the above agreed Option Date,the following contractual conditions will be adjusted and a new Agreement will
be submitted with the revised conditions and Option Date:
1. Room rate will increase by$40.00
2. Staff Room discount will be forfeited
3. Resort Fee discount will be forfeited
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. Hilton
Additional Terms and Conditions:By signing where indicated below,Group is agreeing that in addition to the terms and conditions of this Agreement
as outlined herein,this Agreement is also comprised of all the general terms and conditions set forth In the Quick Confirmation Agreement—Additional
Terms and Conditions(collectively,the"Additional Terms and Conditions")located on the following web site:http:lihiltondistrlbution.comlquiclt-
confirmationladdlterms,htm.
Entire Anreement:This Agreement,together with the Standard Terms and Conditions(attached hereto and incorporated herein by reference),the
above-referenced Additional Terms and Conditions,appendices,addenda and exhibits attached hereto(if any),upon signature by both parties
below,constitutes the entire agreement between the parties and may not be amended or changed unless done so In writing and signed by the parties.
This Agreement will become a binding commitment upon signature by both Group and Hotel(even if signed after the Option Period).
If for any reason this Agreement is returned signed by Group but with changes,It shall not constitute an acceptance,but rather a counteroffer by Group
that may be accepted or rejected by the Hotel In Hotel's sole discretion.
The undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which they sign.
ACCEPTED AND AGREED TO:
GROUP: HOTEL:
Casa Marina Lessee LLC("Owner')
Monroe County Florida d/b/a Casa Marina Key West,Curio Collection by Hilton
By is Management LLC,Managing Agent ,
By: • .
By: 1)714
SignatureL...._ .
5igna
Title: Mayor/Chair Title: Tracy Blouah.Senior Sales Manaaer
Dated: rr. 11?12 0-22 Dated: 48. rt. 2 Z
Attest; Kevin Madok, Clerk f`= -- ''-�
``'' ,,,n, p_ r f 8 O \11'`�
By: ft./ �4�1/I, rI '1v1 C-f= Y i L,deputy Clark �., ,)
'" ..-- is== --: ._ .�
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Approved as to form and legal sufficiency: ,:r _,.,,., �+
Monroe County Attorneys Office 8-1-2022 �/ -• `_,
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STANDARD TERMS AND CONDITIONS
Method of Reservations: Reservations will be made:
®via a rooming list. Hilton offers direct download into Hotel's reservation system using RAPID!.Group's designated Event Managerwill send Group
an Excel template to create Group's rooming list. Group's final rooming list must be received on or before the Cut-Off Date;
OR ® directly by the attendee via the Internet. Hotel has created a Reservations Group Code for the Event. Group's Event Manager will provide
Group with the unique URL to send out to Group's attendees;
OR®directly with the Hotel room reservation department by calling our toll-free number 1-888-303-6717. In doing so, please ask your attendees to
request the negotiated convention/meeting rate for your Group or by the unique group code which will be supplied after executed contract is received
by hotel.
Cut-Off Date: In order to assign specific room types to Group's attendees,each sleeping room in the Room Block must be confirmed in the manner
described below no later than Friday. November 16, 2024. This date will be known as the "Cut-Off Date." After the Cut-Off Date, the Hotel will
continue to hold any rooms in Group's Room Block not assigned to a specific attendee for Group if Group pays for such rooms in full at that time. If
Group has not prepaid such rooms or guaranteed such rooms(but only if Group has established Master Account billing privileges),Group agrees that
Hotel may offer unused sleeping rooms held in Group's Room Block to other customers to reduce Hotel's losses. Group agrees that the release of
rooms will not affect the enforceability of this Agreement or Group's obligation to pay for unsold rooms in Group's Room Block. Advance payments
will be refunded by the Hotel after Group's Event dates if rooms Group paid for in advance were later paid for by Group's attendees. Confirmation of
rooms after the Cut-Off Date will only be accepted based on availability of contracted room type(s)and at the Hotel's prevailing rates.
Group will publish a 75-day cutoff,Thursday October 2,2024
Registration&Room Block Review:At least 90 days prior to arrival,Group will provide weekly updates to the Hotel on their Registration Attendance
to help the Hotel determine whether the remaining room block pickup will be achieved. Should Hotel and Group determine the Registration pace is
falling behind, Hotel will have the opportunity to return rooms back into inventory for general sale.
Group will continue to promote rooms available on registration website and market a-blats during the following timeframe:
• 75 days prior to arrival(Thursday October 2,2024)
• 60 days prior to arrival(Thursday,October 17,2024)
• 45 days prior to arrival(Thursday October 31,2024)
• 30 days prior to arrival(Friday, November 15,2024)
Guest Payment Arrangements: Room and tax and Resort Fee will be paid by individuals;
Incidental charges will be paid by individuals, in which case these charges must be paid in full prior to the guest's departure, with individual credit
being established upon check-in;
If Group submits a rooming list with reservations that will be paid for by Group, such reservations will be considered guaranteed for the full length of
stay unless the reservations are cancelled by Group or the guest no later than 7 days in advance of arrival. Early departure charges will be applied to
Group's Master Account for guests guaranteed by Group's rooming list that depart early.
Individual Guest Deposits/Confirmation: To confirm a sleeping room within the Room Block,the sleeping room must be secured with a valid credit
card provided either by Group or the guest attending the Event,along with a first night's deposit,refundable up to 7 days in advance of arrival. Checks
and major credit cards are acceptable to establish prepayment. All credit cards used to prepay the room deposit may be charged immediately.Should
Group secure sleeping rooms on behalf of Group's guests with Group's credit card, Group's attendees may thereafter provide their own credit card
information for their own sleeping rooms. Group's advance payments and deposits will either be refunded by Hotel to Group within 30 days after
completion of Group's Event if sleeping rooms Group paid for in advance were later paid for by Group's attendees or, at Hotel's election, credited to
Group's Master Account. The Hotel will deduct any collected nonrefundable prepayment fees from the amount Group may owe as sleeping room
performance damages or cancellation damages(if applicable).
Bellman: Guest Discretion
Housekeeping: Guest Discretion
Storage/Handing fee: $10.00/package
Check-in: 4:00 PM
Check-out: 11:00 AM
Valet Parking: $35.00/day
Self Parking: $27.00/da
Amenities/Room Deliveries: $5.00/room Delivery Charge
Supplemental Surcharges:For Group's information,supplemental surcharges are charges added to Group's MasterAccount to pay forcosts incurred
by the Hotel in connection with additional equipment, administration,and staffing necessary for the Event. These surcharges will be solely retained
by the Hotel and are not distributed to hourly or tipped employees. Examples include,but are not limited to,early sets,set-up charges,late end times,
outdoor venues, resets, refreshes,cleaning and other services that require staffing above normal levels and/or services outside of the normal scope
contracted and paid products and services.
Banquet Services: In order for Hotel to deliver on Group's expectations for a successful Event, it is critical for Group to provide timely and complete
information to the Hotel. So that the Hotel may make appropriate plans for purchasing and preparing product,as well as properly scheduling staff,the
following mandatory timeline relates to final menus and program meal functions:
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1) Given that food and beverage prices fluctuate in accordance with market conditions, menu prices for planned food and beverage functions
will be established not earlier than six (6) months prior to the Event. At that time, Hotel will confirm in writing Group's menu prices for
catered food and beverage functions.
2) In order to confirm meeting room assignments, no later than ninety(90)days prior to the start date of the Event, Hotel requires that Group
re-confirm Group's programmed meetings and catered meal functions with anticipated number of attendees. At that time, Hotel will re-
confirm in writing Group's Schedule of Events.After that date,the Hotel will release any meeting space in Group's Schedule of Events not
assigned to a specific meeting or function for Group, except that Hotel may continue to hold such meeting room(s)if Group either prepays
for such meeting room(s) or if Group advises Hotel in writing that Group will guarantee payment of such meeting room(s)to the Master
Account(but only if Group has established Master Account billing privileges). If Group has not prepaid or guaranteed such meeting rooms
(as applicable), Group agrees that the Hotel may offer unused meeting room(s)to other customers.
3) At approximately sixty(60)days prior to the start date of the Event, Hotel will review the number of requests for room assignments that
have been made by Group's attendees in order to compare Group's obligations with Group's actual likely Room Block performance. Should
it appear at that time that the actual number of attendees will fall below the attendance Hotel expects based upon Group's reserved Room
Block,the Hotel reserves the right to assign alternate meeting space commensurate with Group's reduced space needs as indicated by the
attendees'requests for room assignments. Hotel will notify Group of any such changes.
4) Forty-five(46)days prior to the first day of the Event will be known as the"F&B Cut-Off Date". No later than the F&B Cut-Off Date,Group
must submit the final agenda with detailed daily room set specifications, final catered menu selections and the updated anticipated
attendance for all scheduled catered food functions. If for any reason Group does not provide all such information by the F&B Cut-Off Date,
then the Hotel may assess a supplemental surcharge equal to$6.00.per menu per person to offset extra costs Hotel may incur when placing
expedited food product orders to Hotel's suppliers.
5) Upon review of Group's final menus and Event requirements, Event Orders will be sent by Hotel to Group to confirm all final arrangements
and prices,which Event Orders will serve as a part of this Agreement. If Group does not advise Hotel of any changes on the Event Orders
by the date requested by Hotel, Group agrees that the Event Orders will be considered accepted by Group as correct and Group will be
billed accordingly.
6) Group must submit the expected number of attendees for each catered food function no later than Noon (local Hotel time), ten (10)
business days prior to the first day of the Event. If for any reason Group's expected number of attendees are not submitted by the due
date, Hotel will use the anticipated number of attendees listed in the Event Order as the basis to determine the expected number of
attendees.
7) Group must inform Hotel of the final guaranteed number of attendees that will attend each of the catered food functions by contacting the
Events/Catering Department by email or phone no later than Noon(local Hotel time),five(6) business days prior to the first day of the
Event. Guarantees by text message cannot be accepted. Group may either reduce or increase the expected number of attendees when
giving the final guaranteed number of attendees for each scheduled catered food function by up to 10% without incurring any liability to
Hotel for additional costs or supplemental surcharges. The final guaranteed numbers cannot be further reduced without liability after this
time.
8) At the time of informing the Hotel of the final guaranteed number of attendees, if Group reduced the expected number of attendees for a
catered food function by more than 10%, then the Hotel may add a supplemental surcharge to the Group's Master Account equal to the
actual menu price per person as stated on the applicable Event Order(plus taxes and applicable gratuity and service charge)multiplied by
the number of attendees reduced in excess of 10%.
9) If the final guaranteed number of attendees for a catered food function is increased by more than 10% above the expected number of
attendees,then the Hotel may add a supplemental surcharge equal to then the Hotel may add a supplemental surcharge equal to 16% of
the meal cost to the Group's Master Account to cover costs incurred by the Hotel for rush orders and overtime, and the menu offering may
be based on Chefs Selection and Group agrees to accept such substitutions. This also applies if there are any increases to the final
guaranteed number of attendees within three (3)business days before the start of the Event or if Group adds a new catered food function
added within three(3)business days before the start of the Event.
10) If for any reason the notice of the final guaranteed number of attendees is late,then the expected number of attendees for the applicable
catered food function will be used for billing purposes. Further, the menu offering for attendees in excess of the expected number of
attendees may be based on availability of product and may be different from the selected menu.Group will be charged the final guaranteed
attendance orthe numberof attendees served,whicheveris greater.Hotel will only prepare food to the final guaranteed number of attendees,
and will not guarantee setting the room for more than 3%above the final guaranteed number of attendees.
Master Accounts: Group agrees to the following deposit schedule:
DEPOSIT SCHEDULE
Due Date Amount
Initial No later than 14 days after receipt of a final signed $19000.00
Deposit Agreement from Hotel
Second November 19,2024 Remaining Balance of Master Account+ 10%
Deposit contin ncy for anticipated additional charges
No later than 30 days in advance of arrival, Group will either provide Hotel with a valid credit card to which all remaining estimated Master Account
charges will be charged on that date, or provide payment of all remaining estimated Master Account charges by company check,certified check,wire
transfer or credit card.
Hotel reserves the right to increase the amount of deposits and/or pre-payments should there be a negative change in Group's financial status,even
if credit had previously been approved.
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If advance payments or deposits are not paid on a timely basis,the Hotel will have the right, at Hotel's option,to consider the Agreement cancelled
and Hotel will be entitled to cancellation damages as provided in this Agreement.
If Group is paying by credit card, Hotel requests that Group provide Hotel with Group's credit card information at the time of Group's Event so that
Hotel may charge the credit card account at departure. If any charges are disputed, Group must provide an itemized list of disputed charges to Hotel
so that Hotel may charge the undisputed charges to the credit card account immediately and the remainder will be charged upon resolution.
If payment of all undisputed charges is not received within thirty(30)days after Group's receipt of the final invoice,a finance charge of 1.5%per month,
or the maximum amount allowed by law,whichever is less,will accrue on the unpaid, undisputed amount, commencing on the date of receipt of the
final invoice. Group must submit to Hotel an itemized list of any disputed charges within fifteen (15) days of receipt of the final invoice, or else all
disputes are waived. If any charges are disputed,all undisputed amounts will be paid within thirty(30)days and the parties agree to work in good faith
to resolve the disputed invoiced charges in a timely manner,and Group agree to pay the remainder immediately upon resolution of the dispute.
Electronic Payments/Bank Wire Transfer: The Casa Marina, A Waldorf Astoria Resort prefers check and/or wire payments. The detailed
information listed below is what is required for any electronic payments/wire transfers. If payments are being sent by wire transfer, please advise us
when transfer has been processed.
Bank Name-Wells Fargo
Account Title-Casa Marina Lessee LLC Managed by Waldorf Astoria Management LLC-Casa Marina Resort Depository
Account#-4601182660
Wire ABA Routing#-121000248
Swift No. (For inbound International Wires)-WFBIUS6S
Cash Advances: In the event that the Group will need a cash pay-out from the hotel for on-site incidentals,advance arrangements should be made
with your Events Services Manager. It is required by the hotel for the meeting planner to request pay outs in writing on their company letter head.
These arrangements will include pre-payment of the advance amount by a Hotel Approved method.
Sleeping Room Performance Policy: The Total Sleeping Room Nights Reserved under this Agreement will generate $161,688.00 in revenue for
Hotel("Total Anticipated Sleeping Room Revenue"). This amount is not a guarantee for the Group. If Group does not use all of the sleeping rooms
by cut-off date,the rooms will be released back to the hotel in an attempt to resell the rooms.
Room Block Review:Group and Hotel will regularly review sleeping room pickup and Groups'Registration List.Should Group Registration fall behind
pace to previous years, Hotel may reduce the Group's room block in an attempt to mitigate the lack of sleeping room performance.
Food and Beverage Performance Policy: The guestroom rates and concessions outlined are based on Group's estimated expenditure of a minimum
of$167,460.00 in banquet food and beverage ("Total Anticipated Food and Beverage Revenue"). The Total Anticipated Food and Beverage
Revenue amount does not include gratuities, service charges, supplemental surcharges, applicable federal, state or local taxes or any other fees
outside of food and beverage product sales.
Cancellation Policy: Hotel has offered the favorable sleeping room rates and other concessions in this Agreement based upon the Total Anticipated
Revenue for Group's Event,plus additional revenue that the Hotel anticipates Hotel would receive from providing additional services to the Group and
Group's attendees at additional charge. As the Group is not contractually obligated to host this Event,the Hotel has the right to cancel the Event up
until one year out from Group arrival date. Should Hotel cancel the Event, Hotel will reimburse the Group with any deposits made in full.Cancellation
fees are waived for the group.
Impossibility: If unanticipated events beyond the reasonable control of the parties(including,but not limited to:acts of God;declared war in the United
States;government regulation in effect 60 days or less before the Event dates that would prevent the Event from taking place as contracted, including
the issuance of a "Level 3 Travel Warning" by the Centers for Disease Control and Prevention that specifically advises travelers to avoid all non-
essential travel to where the Hotel is located;terrorist attacks in the city in which Hotel is located;civil disorder within a 5-mile radius of the Hotel; or
curtailment of transportation either in the city in which Hotel is located or in the countries/states of origin of the attendees that prevents at least 40%
of the attendees from arriving for the first peak night of the Event)any of which make it illegal or impossible or commercially impracticable to perform
under this Agreement,the affected party may terminate this Agreement,without liability, upon providing written notice to the other party.
If the Event is terminated due to a valid Impossibility/force majeure occurrence,then Group agrees to negotiate promptly and in good faith with the
Hotel in an effort to rebook the cancelled Event,based on space and rate availability at the Hotel,over mutually acceptable dates. If the parties agree
on rebook dates,then Hotel will retain the advance deposits paid under the cancelled Event and apply the deposits toward the Master Account of the
rebooked event.Advance deposits applied to a rebooked event may not be applied to cancellation or performance damages for the rebooked event
and any unused credit will be retained by Hotel. If the parties cannot agree on mutually acceptable rebook dates, then Hotel agrees to refund all
prepaid advance deposits, less all documented expenses incurred by Hotel in preparation for the cancelled Event(i.e.,food and beverage products
purchased for the Event that cannot be used in other outlets at the Hotel,labor costs incurred by Hotel if staff schedules were posted and the Event is
cancelled,etc.).
Indemnification: To the extent set forth in F.S. 768.28 Group agrees to indemnify, defend and hold harmless the Hotel, Hotel's owners, managers,
partners,subsidiaries,affiliates, officers,directors,employees and agents(collectively,the"Hotel Indemnified Parties"),from and against any and all
third party claims, losses or damages to persons or property, governmental charges or fines, penalties, and costs (including reasonable attorney's
fees) (collectively, "Claim(s)"), in any way arising out of or relating to the Event that is the subject of this Agreement but only to the extent any such
Claim(s)arise out of the negligence,gross negligence or intentional misconduct of Group's employees, agents,contractors,exhibitors,or attendees.
Nothing in this indemnification shall require Group to indemnify the Hotel Indemnified Parties for that portion of any Claim arising out of the negligence,
gross negligence or intentional misconduct of the Hotel Indemnified Parties. Nothing contained in this Section shall be construed to be a waiver by
Group 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 Group to be sued by third parties in any matter arising out of this or any other Agreement.
Hotel agrees to indemnify,defend and hold harmless Group,Group's owners,managers,partners,subsidiaries,affiliates,officers,directors,employees
and agents (collectively, the"Group Indemnified Parties"), from and against any and all Claims (as such term is defined above) arising out of or
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relating to the Event that is the subject of this Agreement but only to the extent any such Claim(s)to the extent any such Claim(s)arise out of the
negligence,gross negligence or intentional misconduct of Hotel's employees,agents,or contractors. Nothing in this indemnification shall require Hotel
to indemnify any of the Group Indemnified Parties for that portion of any Claim arising out of the negligence,gross negligence or intentional misconduct
of the Group Indemnified Parties.
This section shall not waive any statutory limitations of liability available to either party,including innkeeper's limitation of liability laws,nor shall it waive
any defenses a party may have with respect to any Claim.This section shall survive any termination or expiration of this Agreement.
Insurance:Group agrees to maintain insurance reasonably commensurate with all activities arising from or connected with Group's Event, including,
but not limited to,general liability insurance,with limits not less than$2,000,000 per occurrence,covering personal injury,property damage,and other
liability arising from Group's Event. Group further agrees to add Hotel and Hotel's Owner as additional insureds under all applicable policies for
Group's Event.
Hotel agrees to maintain general liability insurance with limits not less than$2,000,000 per occurrence, covering liability for personal injury, property
damage, liquor liability,and automobile liability,as well as Workers Compensation insurance per applicable laws and Employers Liability insurance.
Upon written request, each party shall make evidence of coverage available to the other party. For hotels that participate in Hilton's general liability
insurance program, proof of Hotel's insurance coverage is satisfied by Hilton's Memorandum of Insurance available at:
http://www.marsh.com/moi?client=0291.The Hotel can confirm whether the Hotel participates.
Governing Law: The Agreement will be governed by and interpreted pursuant to the laws of the state in which Hotel is located,excluding any laws
regarding the choice or conflict of laws.
Dispute Resolution: The parties will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter
related to this Agreement by presenting the dispute to senior representatives of Hotel and Group for their discussion and possible resolution in the
order set forth herein;provided, however,that a dispute relating to patents,trademarks,trade dress,copyrights,trade secrets,and/or infringement of
intellectual property rights shall not be subject to this provision. All negotiations pursuant to this section are confidential and shall be treated as
compromise and settlement negotiations for purposes of applicable rules of evidence. If within a period of thirty(30)calendar days after submission
of a disputed matter in accordance with this clause,the respective senior representatives are unable to agree upon a resolution of such dispute,then
the dispute will be resolved by binding arbitration using one arbitrator before JAMS or the American Arbitration Association in the state and city in
which the Hotel is located,or the closest available location. The parties further agree that in any arbitration proceeding,they may conduct reasonable
discovery pursuant to the arbitration rules,and any arbitration award will be enforceable in State or Federal court.
Attorney's Fees/Costs: The parties agree that the prevailing party in any arbitration or court proceeding arising out of or related to this Agreement
will be entitled to recover an award of its reasonable attorney's fees and expert witness fees,costs and pre and post judgment interest at the highest
available legal rate. The parties further agree that if Hotel must retain counsel or initiate arbitration or legal action to collect of any monies owed to
Hotel by Group under this Agreement,whether or not an arbitration or court action is filed, Hotel will be entitled to recover its reasonable attorney's
fees incurred in such efforts to collect
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