09/17/1997 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
M~MQRAN.Q!lM
TO:
Dent Pierce, Director
Public Works Division
Isabel C. DeSantis, Deputy Clerk ~ C, S.
FROM:
DATE:
November 3, 1997
At the September 17, 1997 meeting, the Board granted approval and
authorized execution of an Agreement between Monroe County and
the Key West Garden Club, Inc., a not for profit organization.
Enclosed is a duplicate original of the Agreement for your return
to the Garden Club.
Should you have any questions concerning the above, please do not
hesitate to contact this office.
cc: Finance
County Attorney
./File
AGREEMENT
THIS AGREEMENT, entered this / 7th day of &..o~1'? c6e.r , 1997, between the Board of
- I
County Commissioners of Monroe County (County) and the Key West Garden Club, Inc, (Garden
Club), a not for profit organization existing under the laws of the State of Florida.
WHEREAS, the Garden Club has operated West Martello Tower for a number of years; and
WHEREAS, County owns West Martello Tower; and
WHEREAS. it is desired to enter into an agreement setting forth an understanding between
Garden Club and County; now therefore
IN CONSIDERATION OF the promises contained herein, the parties do agree as fo]lows:
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1, TERM
This Agreement shall commence on the date first above written, and shall continue until such
time as either party gives to the other one hundred eighty (180) days written notice of termination of
the agreement.
2. SERVICES
A) Garden Club: Garden Club shall supply all materials necessary for general repairs.
Garden Club shall hire a professional tree trimmer at least once a year to do major trimming on the
grounds of West Martello Tower, Garden Club shall pay the telephone bill for West Martello Tower,
Garden Club Chairman and/or President shall supervise a receptionist to be provided by County.
Garden Club shall keep the Center open to the general public free of charge. Garden Club shall
require any organizations, entities or persons using the premises for any function to execute a
Facilities Rental Contract. attached hereto as Exhibit A.
B) County: County shall provide labor for general repairs, County shall provide major
structural maintenance of the Fort, County shall provide at least one laborer to conduct general
grounds maintenance as necessary. County shall provide for all debris to be removed, County shall
provide tree-trimming on an as-needed basis between the times that the Garden Club's hired
professional tree trimmer provides services, County shall pay electric and water utility bills, County
shall provide a receptionist five days per week. but no more than thirty hours per week, Periodic
security surveillance shall be provided through the Monroe County Sheriff's Office. County shall
maintain insurance on the property,
3. HOLD HARMLESS AND INDEMNIFICATION
The parties hereto covenant and agree to indemnify and hold harmless each other from any
and all claims for bodily injury (including death), personal injury and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of the negligence, errors, or other
wrongful act or omission of that party, its employees, agents, or volunteers. Monroe County's liability
under this paragraph is subject to the limitations of Florida Statute 768,28.
4, LAWS AND VENUE
Garden Club agrees to abide by all federal, state and local laws, rules and regulations, The
parties agree that any action taken pursuant to this agreement shall have its venue in Monroe
County.
5. TERMINATION
This agreement may be terminated by either party giving the other one hundred eighty (180)
days writt~~c>tice.
,
_ ;;.~ r:~TNESS WHEREOF, the parties hereto have executed this contract the date and year first
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~ze~y L. KOlHAGE. CLERK
By!lUC. Q; )antt-Q
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Deputy Clerk
WITNESSES:
KEY WEST GARDEN CLUB, INC.
BY~ %Pkf-
President
conmartello
KEY WEST GARDEN CLUB - WEST MARTELLO TOWER
PRIVATE ORGANIZATIONS, BUSINESSES, INDIVIDUALS AND NON-PROFITS
Facilities Rental Contract
Name of Organization:
Date:
Address:
Name of Contact:
Telephone:
Date of Rental:
Start lEnd Times:
Rental Fees
The Rental Fees shall be as follows:
per hour for parties of 75 people or less
$
$
$
per hour for parties of 76 - 200 people
per hour for parties of 201 or more people
Rental Fee Deposit
A deposit of 50% of total estimated fee will be required with the signing of this contract to reserve the
designated location on the date specified, and the balance is due prior to the rental date. The
Garden Club will determine the exact fee for the rental based upon the actual rental hours and any
damage sustained in the Museum facility or on its grounds.
Sales Tax
State of Florida and local sales tax will be assessed on the total amount of the rental.
Clean UP
The facility renter will be completely responsible for the cleaning up of the facility and its adjacent
sites, The renter will be responsible for the clearance of all tables, chairs, garbage, refuse, electronic
equipment. temporary lighting installations and decorations, and returning the site to its prior
condition immediately at the conclusion of the event.
Insurance
Any group or individual renting the Museum facility must provide the Garden Club with proof of
insurance. The insurance policy must provide a minimum coverage of $5,000 per person and
$1.000,000 per accident. Aggregate liability must be a minimum of $1,000,000. A Certificate of
Insurance is attached hereto and incorporated by reference.
Alcoholic Beveraaes
The facility renter is subject to all applicable local, state and Federal laws and it is the Renter's
responsibility to enforce all applicable laws. Currently, a license must be procured for all public
events at which alcohol is distributed or consumed. Copies of proper licenses must be submitted to
the Garden Club prior to the rental date. The renter is required to make their insurer aware of any
alcohol sales and must include coverage for such sales within the insurer's liability policy.
Sound Ordinance
Any facility renter using amplified sound shall obtain the proper permits from the City of Key West.
and provide copies to the Garden Club prior to the date of the function.
EQuioment
The facility renter shall provide all necessary equipment for the rental event/program. The Garden
Club can provide certain equipment for the following fees:
$
$
$
Security
The facility renter shall provide an off-duty law enforcement officer for all events that will be
attended by 500 people or more. One officer per 500 guests will be required. Proof of security must
be submitted before this contract can be approved.
Summary of Estimate
Rental Fee $
Equipment Fee $
Sales Tax $
Subtotal $
Less Deposits $
BALANCE DUE $
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This application shall be completed in full and signed by the Renter at least 30 days prior to the date
of the requested facility rental and forwarded to the Key West Garden Club. A right of refusal is
reserved by the Garden Club. Upon notice of approval. the applicant will make payment of the
rental fee and security deposit, Any written cancellation will be accepted two weeks prior to the
event, or the deposit shall revert to the Garden Club.
The renter of the West Martello Museum, by executing this agreement. hereby releases the Key West
Garden Club: its Board of directors, its agents and employees and Monroe County from all actions,
causes of action, damages, claims or demands which the renter. their executors or assignees may
have against the above described parties for any and all injuries which may be incurred by the use
of the facility by the renter, The renter further agrees to indemnify and hold all of the above
mentioned parties harmless from all actions, causes of action, damages, claims or demands resulting
from the use of West Martello Museum and grounds by those in attendance at the renter's function.
I have read and understand the above contract and rules for the rental of the West Martello
Museum and grounds.
RENTER:
DATE:
ST AFF:
DATE:
con garden