Item P03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Bulk Item: Yes XX No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING:
Approval of the Consent to Assignment of the Lease Agreement for the West Bay of Hangar One at the
Florida Keys Marathon Airport from Robert Defield, Assignor, to David Rice, Assignee.
ITEM BACKGROUND:
The County entered into a lease agreement on October 15, 1997 with Robert Defield for the West Bay
of Hangar One at the Florida Keys Marathon Airport. Mr. Defield sold his interest in the Hangar to
David Rice effective January 5, 2007 and the parties now seek to assign the lease.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original lease with on October 15,1997 with an extension on February 19, 2003.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY: N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes XX No
AMOUNT PER MONTH $191.75
APPROVED BY: County Arty _ OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included X
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 2/05
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this _ day of _,2007, by and
between Monroe County, a political subdivision ofthe State of Florida, hereafter County,
Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows:
1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys
Marathon Airport, Marathon, Florida, through an Agreement dated
00 o~tUll 5 Iq? 1 hereafter the original agreement, and renewed on
f="t8ItJNl 'f 1'1/2003 . The original agreement and renewal agreements
are attached and incorporated into This Consent to Assignment.
2. By a change of ownership effective / - s - & 7 from Assignor to
Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and
interest in the original agreement.
3. Monthly rent payments shall be made payable to Monroe County and sent to the
Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050.
4. In consideration for such consent the Assignee agrees to be bound by all of the
terms and conditions of the original agreement, as previously amended and as
amended above.
(SEAL)
ATTEST; DANNY L KOLHAGE
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
BY:
Deputy Clerk
Mayor/Chairman
Notary Public, State ofFL
ASSIG~
BY:
BY:
David Rice
133 Mockingbird Lane
Marathon, FL 33050
(SEAL)
ASSIGNOR
By:
By:
Notary Public, State ofFL
Robert Defield
11425 Overseas Highway
Marathon, FL 33050
(SEAL)
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This lease renewal agreement Is made and entered Into this 1'1 day of .,
2003. by and between MONROE. COUNTY, a political subdivision of the State of florida, whose
address Is the Marathon Airport, 9400 OVerseas Highway, Mamthon, Fl 33050, hereafter
COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address Is 11425 Overseas Highway,
Mamthon, FL 33050, hereafter TENANTS. The parties agree as follows:
L.~ RENEWAL AGREEMENT
WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with
original Tenant Charles Pierce's Interest assigned to Robert DeAeld) provided that It could be
renewed for three additional five-year terms;
WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to
renew 30 days or more prior to October 31, 2002, as required by the original lease, but that
Inadvertence should not result In the lease renewal being refused; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The COUNTY hereby waives and forgives the failure of the Tenants to provide
written notice of their intent to renew 30 days or more before October 31, 2002.
2. The original lease is hereby renewed for an additional five-year term beginning on
November 1, 2002 and ending on October 31, 2007.
3. Except as provided In paragraph two of this renewal agreement all the terms and
conditions of the original lease remain In full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
L);U >n ~
Mayor/Chairperson
WITNESSES:
jdaimengerdetleld
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CONSENT TO ~IGNMENT
This Consent to Assignment is entered into by and between Monroe County. a political
subdivision of the State of Florida. hereafter County. and J~obc.t"* lJef\~~ . a
natural person. hereafter Assignee. the parties agreeing as follows:
1.) The County leased a hangar at the Marathon Airport to one
ChC\",\e.s. ~~~or~e- . hereafter. Assignor. through a lease agreement dated
(Name of Person)
\ S Oc:.>n.'bt.~. 19~ hereafter the original agreement. The original agreement is attached and
incorporated into this Consent to Assignment.
2.) By an agreement dated \ B. ~~ . 199 ~ the Assignor assigned to
Assignee 011 the Assignor's rights. title and interest in the original agreement. The original
agreement. paragraph --5-. requires the consent of the County before such an assignment is
effective against the County. The County hereby consents to the assignment described in this
paragraph.
In consideration for such consent. the Assignee agrees to be bond by all the
terms and conditions of the original agreement including the obligation to pay t4 &1" n~
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sums owed the county by the Assignor under the original agreement up to the e~ 0"
On. Ct 0
this consent to assignment. ~?DS ." :::0
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" ',:, 3.). ThIS consent to assignment will take effect on the SIgnature date pt~I~~
.!/ or ' , '," '. ~ ,.,. ,~ ::0
I ';" ~~~x~ute\ this consent to assignment. . \0 0
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'\:~, 'ATTB!:.9ANNY L.KOlHAGE. CLERK
By \>.~ ~e;~~ ~
Date: 4/g /crt;?
Date: ,h'~ ~ ~ /7 f' ~
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peon/assign.doc
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AGREEMENT FOR SALE AND ASSIGNMENT
"
COMES NOW Chuck Pierce (hereinafter referred to as "Assignor" and
Ro~ert DeField (hereinafter referred to as "Assignee") and agree as follows:
1. The assignor is the owner of a hangar located at the Marathon Airport which is
located on land being leased from Monroe County, Florida. Hanger one west bay
2. It is the intent of the Assignor herein to assign all its right, title and interest in said
hangar and lease to Robert DeField the Assignee for the consideration
of $7,500.00
paid 8/18/97
3. The- $7,500.00~J.WJi>>gm~R
4. It is the intention that both parties will culminate this sale as soon as practicable
'and that aU necessary steps be taken with Monroe County for approval of this sale and
assignment and by execution by this letter agreement the parties hereby agree to this sale
and assignment dated this 18 day of August 1997, .
,.~
(ASSIGNOR)
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NO'i'ARYPUBUCSl'ATEOF FI.OR
COMMISSION NO CC5703o9 IDA
MYCOMMBsrONDcP. LY18
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. 0e/1'3/1997 1:3:38 '305}43,:.;4B
CAV!X. & KEYS I~ADn-lG
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Chuck 'l.~c.. referr.d to .e .SILLER-, ..11., barf-in. and convey.
all of SILLER'S ri9ht, titl. an4 Intett.t In:
Aircraft hangar on Harathon Airport Hanger Ona (w..t baY)
to Robert E. DeFleld, rer.rrt4 to at "SOyta-, hi. heirs ahd
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Chuok Vleree acknowled,.. receipt ot . ~otal of $ 1~OO (SiV.h
'thoU.and Vi". Rundrel'J 0011*1"8) fl"OIIRobel't I. Der1eld, 8UYn, in .
full pa,..nt of the pUrch... pric. ot the 900d* oon~.yedh.~.~.
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Chuck Pierce warrant. that there are no 11an8 o~ encu~ranOe. on'
the Vood8 'Old, .na that Chuck Pi.~oe'. title to th. 90Dd..is
el..r an4 .al-chantabl_. chuck Piarea .hall dotend RObert B.
08rield fro. .ny advar.. cIa 1.. to SELLaR'. tl~l. to th. ~.
.old.
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ft. .:o~. .oldlleretn ar. U.IO .n4 SOLD "AS 18-, ....1 IS";
.WITH.'ALL fAULTS.- !b. 9OOd* n.r.~n at. ftot .o1~ bY.. ~~nt 1n
the field. '1'RII1 COODI ARB SOt.D"rt'ROUT UCC wAlliWiW bp AllY lU;IfD,
Includlntl lIDCIWft'AltLt'l'Y A1ID ntHtssPOIt A 'AR'I%euuJ\ Pt1RPOIa..
".. SutlR, Ro~rt B. oeFleld, aotnOWlecJ9'. ex..1ft1l19 th. CJOOd.
.old her.ln.:
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The part i.. 8qr.. to the t.r.. and oondl~1on. atated hereih:
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ChUClk Pierce, S!;LLb
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Robert E. DeFle d, BUYtR
LEASE AGREEMENT
1-61< ,;")c -0 .~h.J-)
This lease agreement is made and entered into this ~ day of (./ I I ~
1997. by and between Monroe County, a political subdivision of the State of florida, whose address is
the Marathon Airport. 9400 Overseas Highway, Marathon, FL 33050. hereafter COUNTY. and Charles
Pierce and Bob Cayce, whose respective addresses are .1 47th Street. Gulf, Hurricane Haber.
Marathon. fL 33050 and 5996 Overseas Highway. Mcrcthon, FL 33050. hereafter TENANTS. The
parties agree os follows:
1) The COUNTY leases the property descnbed in Exhibit A - hereafter the premises - to
the TENANTS for a term of five years. beginning on
Jf) /Is-
.
. 1997 and ending on
10/31
.
. 2002. Exhibit A is attached to and incorporated into this lease agreement
by reference. The TENANTS may renew this lease agreement for three additional five year terms by
providing the COUNTY with written notice of their intent to do so thirty days or more in advance of
:J: ,-0""1l
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thet I i ti d t %);. r
erm s expra on a e. ~p~~ ~ g
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2) The rental payment for the premises during the first year of this agr~ is ~.m
on. wno
c:~x :::0
per month. plus the applicable sales tax, payable at the Aiport Director's Office, ~n ~~
:<:-t:J: w n
94.00 Overseas Highway. Marathon. FL 33050. The monthly rental payment will in~ foLeaS!
~ f'T1 \D b
successive year of the first ten years by the following amount: the total rental amount for the year
multiplied by the increase in the consumer price index (c.p.i.) for the Miami/Ft. Lauderdale area
divided by twelve. Rent may be paid by the month or yea at the TENANTS' option. In the second
ten years the rent wOl be changed at fair marleet value. established after an appraisal of the premises
and calculated pur:uant to the then current rates and charges study.
3) a) The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of the second term (ten years from the commencement of this
lease agreement), the hangar wUI become the property of the COUNTY. If the TENANTS elect not to
renew this lease at the end of the first term. then they may re~ve the hangar from the premises if
they do so by the end of that term. If the hangar remains on the premises after the expiration of the
.initial term, and the TENANTS hove elected not to renew. the hangar becomes the property of the
COUNTY. Further. if, during the first two five-yea terms. the TENANTS deport the premises os a result
of their breach of this agreement. then the hangar wDl become the property of the COUNTY.
.
b) The TENANTS must make the foHowing capital improvements to the hangar:
reseal the asphalt hangar pael install new tie downs, repair the X-braces. secure the roof beam by
the ground cables on the east and west side of the hangar. and upgrade the utilities (water and
The TENANTS may not begin this occupancy of the premises. regardless of the commencement date
of this lease. until they furnish proof satisfactory to th~ COUNTY's DirectOr of Risk Management that
they have obtained the insurance policies required by exhibit B.
10J TENANTS covenant and agree to indemnify and hold hcrmless the COUNTY from any
and all claims for bodily injury (including death). personal injury. and property damage (Including
property owned by MolYOe County) and any other losses. damages and expenses (including
attomey's fees) which arise out of. in connection with. or by reason of the TENANTS' utilization of the
property governed by this lease agreement.
The extent of liabUi1y is in no way limited to. reduced. or lessened by the insurance
requirements contained in paragraph 9 and Exhibit B.
11) a} The TENANTS fa themselves. their personal representatives. suc:cessors in
interest. and assigns. as 0 part of the consideration hereof. do hereby covenant and agree that
1) no person on the grounds of race. color. or national origin shall be excluded
from paticipation in. denied the benefits of. or be otherwise subjected to discrimination in
the use of said facilities:
2) that in the construction of any improvements on. over or under such land
and the fumishing of services thereon. no person on the grounds of race. color or national
origin shan be excluded from participation In. denied the benefits of. or be otherwise
subjected to discrimination;
3) that the TENANTS shall use the premises in compliance with 011 other
requirements imposed by or pursuant to Title 49. Code of federal Regulations. Oepariment of
Transportation. Subtitle A. OffIce of the Secretary. Part 21. Nondiscrimination In FederaHy-
assisted programs of the Department of Transportation - Effectuation of rifle VI of the Civil
Rights Act of 1964 and as said Regulations may be amended.
b) That in the event of breach of any of the above nond'lSaimlnatlon covenants.
the COUNTY shall hove the right to terminate the lease and to re-enter and as If said lease hod
never been mode or issued. The provision shall not be effective until the procedures of TItle 49. Code
of Federal Regulations. Port 21 are followed and completed including exercise or expi"atlon of
appeal rights.
c) It shall be a condition of this lease that the COUNTY reserves unto Itself. its
successors and assigns. for the use and benefit of the public. 0 right of fight for the passage of
aircraft in the airspace above the surface of the real property -herein described. together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft. now known
Or hereafter used. for navigation of or fight in the said airspace. and for use of said airspace for
landing on. taking off from or operating on the airport.
dJ That the TENANTS expressly agree for themselves. their successors and assigns.
to restrict the height of structures. objects of natural growth and other obstructions on the herein
descnbed real property to such a height so as to comply with Federal Aviation Regulations. Part n.
3
e) That the TENANTS expressly agree for themselves. their successors and assigns.
to prevent any use of the herein described real properly which would Interfere with or adversely
affect the operation or maintenance of the airport. or.otherwise constlMe an airport hazard.
f) This lease and aU provisions hereof are subject and subordinate to the terms
and conditions of the instruments and documents under which the COUNTY acquired the subject
property from the United states of America and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY.
and any existing or subsequent amendments thereto. and are subject to any ordinances. rules or
regulations which have been. or may hereafter be adopted by the COUNTY pertaining to the
Marathon Airport.
g) Notwithstanding anything herein contained that may be. or appear to be. to
the contrary. it is expressly undersfood and agreed that the rights granted under this agreement are
nonexclusive and the COUNTY herein reserves the right to grant simUar privileges to another tenant
or other tenants on other pats of the Airport.
12) This lease will be automatically canceled. and the title to the improvements on the
leased premises will revert to the COUNTY. should the TENANTS fail to occupy the premises within six
months of the commencement of this lease or if. during the term of the lease. the premises are
abandoned for a continuous period of six (61 months. This reverter provision applies notwithstanding
anything contained elsewhere in this lease agreement.
131 The TENANTS. on keeping the covenants and agreements set forth in this lease. are
entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by. through or under the COUNTY.
14) All communications between the parties should be between the following persons at
the fOllowing addresses:
Marathon Airport Drector
Marathon Airport
9400 Overseas Highway
Marathon. F~ 33050
Mr. Charles Pierce
#1 47th Street. Gulf
Hurricane Harbor
Marathon. Fl33050
Mr. Bob Cayce
5996 Overseas Highway
Marathon. FL 33050
The parties agree that any communication required from the COUNTY to the TENANTS will be
considered sent and delivered if sent and defivered to either Tenant. Any communication required
from the TENANTS to the COUNTY will be considered sent and' delivered if sent and delivered by
either Tenant.
151 f,ny action taken by either Tenant under this lease will be binding on the other Tenant
as if the action had been undertaken Jointly.
..
16) The TENANTS under this lease are to be considered joint tenants with a right of
survivorship. In the event of the death of either Tenant. the surviving Tenant wRl automatically
acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this
.
lease agreement.
17) The TENANTS wClTont that they have not employed. retained or otherwise had act on
their behalf any fonner COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of this provision. the COUNTY may. in its disaetion. terminate this lease without
liability and may also in its discretion. recover from the TENANTS the full amount of any fee.
commission. percentage. gift or consideration paid to the former COUNTY offtcer or employee.
Venue for any litigation arising under this lease agreement must be in a court of
HEREOf. the parties have set their hands and seal.
By~~
De CI
By
WITNESSES:
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C:;.J>- L t., ~
TENANTS
By c....l~ ry ~
Chartes Pierce
By A./ C4-;4 CM)
Bob Cayce
jcirihangarmo
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.
AIRCRAFT CERTIFICATE OF INSURANCE
Date: MAY 07, 1997
Named Insured And
Address:
CAYCE'S EXCAVATION, INC.
C/O BOB CAYCE
5996 OVERSEAS HIGHWAY
MARATHON FL 33050
CERTIFIED
COpy
Company
Policy Number
Effective Date
Expiration Date
AMERICAN EAGLE INSURANCE CO
AFX0221505-02
04/23/1997
04/23/1998
The following describes the liability.coverage provided and the
aircraft insured under the policy referenced above:
Coverage : Combined single limit bodily Injury and Property
damage liability
AIRCRAFT INSURED
LIMITS OF LIABILITY
Each Passengers Passenger
Occurrence Are Sub-Limit
FAA
Number Year Manufacturer Model
N812T 1974 BEECH
E-55
S 1,000,000 INCLUDED
N/A
This Certificate is issued to:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS/RISK MANAGEMENT
3100 COLLEGE ROAD
KEY WEST FL 33040
with whom we agree, if possible, to notify 30 days before date of
cancellation if poliCY should be cancelled, but the Company shall not
be liable in any way for failure to give such notice.
Coverages are subject to all policy terms, conditions and exclusions.
Approved:
Li~
Company Representative
Form #CERl (1/92)
h:'!nQ''"!'_'~n P\ Q~Sk ~.~""~-4nr ',i ~-..~:-
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CAYCE'S EXCAVATION, INC
C/O BOB CAYCE
5996 OVERSEAS HIGHWAY
MARATIION, FL 33050
May 22, 1997
RE: POLlCYNO: AFX0221505-2
AIRCRAFT: 1974 BEECH BARON E5S, N812T
Dear Mr Cayce:
We are pleased to enclose yom insurance policy which replaces the temporary evidence
of coverage previously forwarded to you.
Please read yom policy carefully to be certain the coverages are exactly as desired. Pay
particular attention to the sections regarding approved pilots and uses to be sure they meet
the stated requirements.
In the event the policy is not correct, please notify us at once.
We appreciate this opportunity to again be of service. If additional or higher limits of
coverage are desired or you have any questions, please don't hesitate to give us a call at
1-800-835-2677. Thanks again.
Best regards, ~ _ _ _ ~
~u'10
Account Manager
lpat
Enclosure(s)
cc: Monroe County Board of County Commissioners - Certificate of Insurance
AtJN
Aon Risk Services
MS BEVElTE MOORE
CITY OF KEY WEST
5100 COLLEGE ROAD, COMMUNITY SERVICE DIVISIQN...-
KEY WEST, FL 33040 1
December 15,1997
RE: INSURANCE CERTIFICATE OF INSURANCE
FOR: CAYCE'S EXCAVATION, INC
1974 BEECH E-55, N812T
Dear Ms. Moore:
Attached please find an "EXACT COPY" of the Certificate of Insurance which we
faxed to you this date per your request. The original of this Certificate was
mailed out to Monroe County Board of County Commissioners on May 22, 1997.
See copy of our letter which was mailed to the insured.
If you have any questions, please don't hesitate to give me a call at 1-800-835-
2677. Thanks again.
Best regards, ~
: ~a
5~ IQng
Account Manager
Ipak
Enclosure(s)
Aon Risk ServiCe!, I tIC. 01 KAnsas . Fof71lW/y RoUins Hlldig Hidl of KAnSAS, IRC.
Mid-Continent Airport . p.o. Box 9210. Wichita, KanSll5 67277-9210
tel: (800) 83~-2677 ot(316) 943-9331" fax: (316) 942-6713
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EXHIBIT 'B' .
1996 Editioo
,-
MONROE COUNTYy FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACf ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
Prior to the commencement of work governed by this contract (includil1g the pre-staging of
pcrsoDIlcl and material), the Veodor shall obtain, at hislher own expense, insurance as specified
in the attached schedules, whieh are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work ~ovemed by this contract (meluding pre-
staging of personnel and material) until satisfactory eVldence of the rcquimi insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout thc entile term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
until the required insurance ~ been reinstated or replaced.
The Vendor shall provide, to the County. as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all iDsurance
policies required by this contract .
All insurance policies must specify that they .are-not subject to cancelladon, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the ins1.irer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assum~ under this contract or imposed by law.
!be Monroe County Board of County Commissioners, its CItlPloyees md officials will be
-Included as "Additional Insured" on all policies. except for Workers' Compensation.
Any deviations from these Oenerallnsurance Requirements must be requested in writing on the
County prepared form entitled "Request {or Waiver of Insurance ReqairemeDts" and
approved ~y Monroe County Risk Management.
Administration Instruction
'4709.2
24