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Rental Agreement 01/18/2023 19t COFFEE BUTLER KEY WEST AMPHITHEATER AT TRUMAN WATERFRONT RENTAL AGREEMENT Agreement This Rental Agreement is between Rams Head Promotions of Key West LLC,herein re- ferred to as "Rams Head Presents") and Monroe County, a political subdivision of the State, hereinafter referred to as "Tenant"The purpose of this Agreement is to define the obligations of both parties pertaining to the rental of the Coffee Butler Key West Amphi- theater described in the enclosed Attachment. The venue described in Attachment has been reserved for you for the date and time stipulated. Please note that the hours as- signed to your event include all set up and all clean up, including the set up and cleanup of all subcontractors that you may use. It is understood you will adhere to and follow the terms of this Agreement, and you will be responsible for any damage to the premises and site, including the behavior of your guests, invitees, agents or sub-contractors re- sulting from your use of venue. You are responsible for providing a list of all vendors to the Coffee Butler Key West Amphitheater Venue Manager four (4)weeks prior to your event. In addition to the Certificate of Insurance you will be providing as the Tenant, you are also responsible for providing Rams Head with valid certificates of insurance with the proper amounts of coverage for all sub-contractors that you are using for your event. These sub-contractors include, but are not limited to, caterers,valets, performers, photographers, entertainment, equipment rentals (tables/chairs/tents, etc.), florists, decorators, sound and lighting technicians, etc. All sub-contractors not affiliated with Rams Head Presents must have a certificate of insurance, naming"Rams Head Promo- tions of Key West, LLC" and the "City of Key West" as additional insured. In addition, Tenant and each sub-contractor must complete E-Verification at least to days prior to event. Fees and Deposit The rental fee and terms for your specific event(s) are described on the enclosed Attach- ment(s). Unless otherwise stated,the total fee is due two(2)weeks prior to your event. Upon receipt of this contract, a 25%deposit of the total rental fee is due to hold the venue for your event given it is a non-ticketed event.The deposit is due two(2)weeks from the date signed by Rams Head on this Agreement. Please send your signed Agree- ment and deposit to: Rams Head Presents 512 Eaton Street Key West FL 33040 Each deposit is non-refundable and non-transferable. If cancellation occurs within the last two weeks of the event,the full value of the event fees will be withheld. Insurance Each tenant and their sub-contractors must obtain and provide a Commercial General Liability policy with a minimum coverage of$1 million.The City of Key West shall be named as an additional insured on Tenant's Certificates of Insurance.All subcontractor shall name the City of Key West and Rams Head Promotions of Key West, LLC as addi- tional insured.A Certificate of Insurance must be received no later than io days prior to event date. E-Verification All subcontractors that perform work under contract must enroll and participate in the E-Verify Program.All companies must provide proof of enrollment and make such rec- ord(s) available to Rams Head Presents and the City of Key West upon request. Indemnity In addition, subject to the sovereign immunity protection and limitations of indemnifi- cation as set forth in 768.28, Florida Statutes Tenant agrees to indemnify and hold harmless Rams Head Presents,its officers, staff and agents working on its behalf,from any and all claims, actions, suits, costs, damages, and liabilities resulting from the breach of this Agreement,the negligent actions,willful misconduct or omissions of Ten- ant.Nothing in this agreement shall be construed as or provide for a waiver of sovereign immunity. Event Set-up Limitations All property belonging to Tenant,Tenant's invitees, guests, agents and sub-contractors, and all equipment shall be delivered, set up and removed on the day of the event. Should the client need earlier access for set-up purposes,this can be arranged for an additional fee.The Tenant is ultimately responsible for property belonging to the Tenant's invitees, guests, agents and subcontractors. .•No rice, rose petals,birdseed, confetti, glitter,floating sky lanterns,fire pits,tiki torches or sparklers are allowed on the premises. • Lights or other decorations may not be attached to the palm trees or other landscap- ing. • All decorations must be approved by the Venue Manager. Caterers Rams Head Presents has a list of approved caterers to choose from.We require you to select a caterer(s)from this list.No caterer can be used that is not on this list. Each ca- terer on this list is familiar with the Coffee Butler Key West Amphitheater venue,rules and regulations. Each caterer provides excellent food and exceptional service. Each one of these approved caterers carries Rams Head Presents required liability insurance and health permits.They offer a variety of menus and price ranges. Sound/Audio&Lighting Below are our approved companies to provide sound and lighting for your event. Please consult with us on the scope of event and we can recommend the best company for your needs. Audio Images Art of Sound Food and Beverage Control With respect to any food and beverage services at the Coffee Butler Key West Amphithe- ater, Rams Head Presents shall always bear sole responsibility for and execute all man- agement activities related to food and beverage sales and operations, including, but not limited to, the acquisition and distribution of alcohol and supervision of serving and sales staff. Rams Head Presents shall be responsible for the hiring, firing, and supervi- sion of any personnel, specifically including those who handle food and beverage sales and operations at the venue.All profits from bar and concessions remain with venue management. Usher,Ticket Takers, Security Staff All ushers,ticket-takers and security arrangements are made through Coffee Butler Am- phitheater management at the tenant's expense. Staffing requirement numbers are de- pendent on the type of show and the expected attendance. Please see rate sheet. Clean Up Tenant shall be responsible for returning the venue to the state that it was provided to them.All property belonging to Tenant,Tenant's invitees,guests, agents and sub-con- tractors, shall be removed by the end of the rental period.All property remaining on the premises beyond the end of the rental agreement will be charged at the prevailing hourly rate. Should the tenant need special consideration for the removal of property beyond the rental period,this can be arranged prior to the beginning of the event for an addi- tional fee. Rams Head Presents is not responsible for any property left behind by Ten- ant,Tenant's guests, invitees, agents and sub-contractors.The Tenant is responsible for any and all damages to Rams Head Presents venues and surrounding site. Rams Head Presents shall do a general clean up of the venue at the conclusion of the event,however it is the Tenant's responsibility to remove all decorations. Event Staff Rams Head Presents Venue Manager will be accessible throughout your event.The manager will ensure that the venue and surrounding site are ready for your event, and will meet with you prior to the beginning of your event.The manager will be accessible to you at anytime during your event, and a contact number will be given to you to reach the manager if they are away from the venue.The manager will meet with you again to coordinate the ending of your event. Advertisement Advertising and the sale of tickets for any event is not permitted until rental agreement, verified seating manifest and signed contract have been received and approved by Coffee Butler Amphitheater management. Ticketing Tenants are required to sell tickets through the venue's ticketing system. Rams Head Presents is contracted through AXS.Ticket purchasing can be made via the Coffee But- ler Amphitheater website(thtke3yestaing.com) and at the Key West Theater box office at 512 Eaton Street.Tickets are also offered day of show at the Coffee Butler Amphithea- ter Box Office.Venue Management shall be provided with ten(10) available complimen- tary tickets for all performances. Set Up/Break Down Tenants will be given a one-day window on the front and back of rental date for set up and breakdown.Additional days are subject to additional rental fees. Tents All tents and other logistical structures must be secured and weighed down. Staking is NOT allowed.All weights used to secure tents should be a minimum of 10-15lbs at each ground point. Police Law Enforcement Officers are scheduled through Coffee Butler Amphitheater manage- ment to assist with safety.The size and type of show, as well as the expected attendance, will determine the number of law enforcement officers required.The tenant is responsi- ble for this expense. First Aid Coffee Butler Amphitheater management requires trained medical staff at every event. The renter is responsible for this expense. Force Majeure The ability to execute this Agreement by either party is subject to the Acts of God, in- cluding but not limited to hurricanes,flooding, earthquakes,fires,power outages, etc, as well as any government intervention, staff disputes and strikes, civil disorders,terror- ism, or other emergencies. Should the event be canceled through a Force Majeure event, all fees paid by Tenant to Rams Head Presents will be returned to Tenant within thirty (30) days. Publicity/Use of Name and Logo Client shall not ur,se tl're name of Rams Head Presents„ 'any,trade ruarne,servic e mast trademarks,s,ae,wGruyrau or logo of Rams dead pr(c�Sents arr any publicityreleases, a,d e in.g or any other publication without%wis head Pr°eselut prior wu,i".,en consent„ t lat»uuutluua The luerson s signing the Agreement on belrrrlf of the,puties eaelu waffant that the, authorized to make agycements and to lair cl,their principals to dhisAgTeement. °lT ,CST r �:: C igM ar„gar) ruw:; Roman Gastesi County Administrator ate January 19, 2023 (prtrat) RA31S HEAD PRESENTS KEY WEST,IA,C,as Florida limited liability a^raaaaparly Q gn"ig By� Date: (print) M4YPdROE COUNTY AITORNEY hI'1'lL�Vy:I)AS'fQ t'f}N . u f : CHMSTTNE H IMBERPAARROWS ASSM'ANTCj(/1 STTORNEY DATE. 'I�,i�L3 ATTACHMENT Venue Rental Agreement Name of Tenant: Monroe County BOCC Type of Event: Musical Concert and Drone Show Name of Event: Monroe County 200t'Anniversary Celebration(working title) Date of Event: March 25ffi, 2023 Time of Event: Doors open at SPm, Event begins at 6pm with Drone show to begin at 8:45Pm Access to Venue(includes set-up&tear down time): (I don't know this one...what would you suggest for Nick and Howard?) Event must end at_drone show expected to end at 9Pm Contact Phone Number: 305-587-3683- Kimberly Matthews Email: matthews-kimberlyomonroecounty-fl.gov Estimated Costs due to Rams Head Presents *Not all fees will be applicable to all tenants VENUE RENTAL FEE : Site fee that covers the cost of renting the venue MANAGEMENT FEE: Staffing fee for management hours dedicated to the on-site needs of the tenant ADMINISTRATIVE: Fee for work hours dedicated to the event outside of on-site venue management hours SET UP/BREAKDOWN: Staffing fee for any set up,maintenance and breakdown dedicated to event WASTE MANAGEMENT: Cost of garbage and recycle of the event,as well as rental of port-o- lets and garbage and recycle dumpsters CITY RENTAL&CLEAN UP: Barricade rentals,trash&recycle bin rental,event clean up FIRE/EMT:Trained medical staff are required at every event. The size and type of show, as well as the expected attendance,will determine the number required. POLICE: Law Enforcement Officers are scheduled to assist with safety.The size and type of show, as well as the expected attendance,will determine the number of law enforcement officers required. BOX OFFICE PERSONNEL: Ushers,ticket takers, and scanners. Staffing requirement numbers are dependent on the type of show and the expected attendance. SECURITY: Staffing requirement numbers are dependent on the type of show and the expected attendance. SOUND/AUDIO/LIGHTING/STAGEHANDS: All work performed by contracted production company is at the tenant's expense. CATERING: Food vending and catering must go through an approved contractor. Please communicate needs with management. TENT/TABLE/FORK&SCISSOR/GENERATORS:All rentals of these items must go through approved Coffee Butler Amphitheater contractor.Please communicate needs with man- agement. MISC(Trailer Rentals):Available for rent. Please discuss pricing with management 1