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HomeMy WebLinkAboutItem D02 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Michelle Lincoln,District 2 The Florida. Keys Mayor Pro Tem David Rice,District 4 p Craig Cates,District 1 James K. Scholl,District 3 Holly Merrill Raschein,District 5 Regular Meeting April 15, 2026 Agenda Item Number: D2 26-0773 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: N/A STAFF CONTACT: Ammie Machan AGENDA ITEM WORDING: Approval of a temporary use of property Agreement with Florida Keys Resort and Marina, Inc. for use the property at 1791 Bogie Drive Big Pine Key FL, known as Old Wooden Bridge Guest Cottages &Marina for planned activities on May 4, 2026 for National Travel & Tourism Week hosted by the Tourist Development Council. ITEM BACKGROUND: National Travel & Tourism Week (NTTW) is a nationally recognized annual observance led by the U.S. Travel Association that highlights the economic, social, and cultural impact of travel and tourism across the country. Approval of the attached use of property agreement is requested to host an event on May 4, 2026 at the Old Wooden Bridge Guest Cottages & Marina. PREVIOUS RELEVANT BOCC ACTION: BOCC approved the National Travel & Tourism Week activation at their meeting of March 11, 2026 as part of Item D.3. INSURANCE REQUIRED: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION Approval DOCUMENTATION: FINANCIAL IMPACT: Effective Date: May 4, 2026 Expiration Date: May 4, 2026 Total Dollar Value of Contract: No Cost Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: TEMPORARY USE OF PROPERTY AGREEMENT THIS TEMPORARY USE OF PROPERTY AGREEMENT (this "Agreement") is made and entered into this _ day of , 2026, by and between the Monroe County Board of County Commissioners ("Grantee" or"County"), with an address of 1100 Simonton Street, Key West, FL 33040 AND Florida Keys Resort and Marina Inc. (collectively, "Grantor"),with an address of 1791 Bogie Drive, Big Pine Key, FL 33043 (collectively referred to as"Parties"). WITNESS: WHEREAS, Grantor is the owner of that certain real property located at 1791 Bogie Drive, Big Pine Key, FL which is known as the Old Wooden Bridge Guest Cottages & Marina (the "Property"); and WHEREAS, Grantee has requested (subject to the terms of this Agreement) on a temporary basis to utilize the Property for a Nation Travel&Tourism One day event on May4, 2026, with planned activities as set forth in Attachment A(collectively the"Permitted Use"); and WHEREAS, Grantor is willing, subject to the terms and conditions hereof,to provide Grantee said right to utilize the Property for the Permitted Use; NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which consideration is hereby mutually acknowledged and the other promises, covenants and agreements hereinafter set forth and in furtherance of the understanding of the parties, it is hereby agreed as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. 2. Use of the Property. (a) Subject to the terms of this Agreement, commencing on the Commencement Date (defined below) and terminating on the Termination Date (defined below), Grantor provides to Grantee a temporary non-exclusive right to utilize the Property solely for the Permitted Use, including free parking of motor vehicles, including delivery or other commercial trucks, forthe invitees of Grantee. Grantor has the right to delineate the specific area on the Property that may be so used. (b) Grantee shall not construct any improvements in or on the Property nor use the Property for any different purposes than the Permitted Use without the prior written consent of Grantor,which consent may be withheld in Grantor's sole and absolute discretion. (c)This right to utilize the Property for the Permitted Use: (i) shall not attach to the Property; (ii) shall not be construed as a license, easement, lease or any other encumbrance against the Property; (iii) does not confer upon Grantee any interest in the Property or real property rights whatsoever; and (iv) is non-exclusive, and Grantor reserves the right to simultaneously utilize and allow others to utilize the Property. Upon the Termination Date or early termination of this Agreement, Grantee shall restore the Property to its status at the Commencement Date. 3. Term.The term of this Agreement(the"Term")shall commence on May 4, 2026 at 8:00 A.M. (the "Commencement Date") and shall end on May 4, 2026 at 5:00 P.M. (the "Termination Date"). If Grantee violates any of the terms herein, Grantor shall have the right to immediately terminate this Agreement and all rights contained herein. 4. Amount of Compensation. Grantor has agreed to impose no fee on the Grantee for the use of property. 5. Covenants of Grantee. (a) Grantee shall comply at all times with all present and future laws, regulations, rules and directives of any association, or any governmental authority that have application to the Property, and/or the Permitted Use which shall include,without limitation, obtaining any and all necessary governmental permits and/or approvals. Grantee shall be responsible for all the acts and activities of any use occurring by it or anyone with whom it is working. (b) Grantee shall compel its agents, tenants, contractors, subcontractors, licensees, employees, or anyone else on behalf of Grantee to comply with the provisions of this Agreement. The breach of such provision by Grantee's tenants, agents, contractors, subcontractors, licensees, employees, or anyone else on behalf of Grantee, shall be deemed a breach by Grantee. 6. Property Condition. Grantee accepts the Property on an "as-is, where-is" basis with all faults and in its existing condition. Grantee agrees to maintain the Property in good, clean condition. Grantor warrants or represent that the Property is safe or suitable for the Permitted Use. Grantee assumes all risk of loss to any property stored on the Property. Grantor shall not be responsible for any loss or damage to any property stored on the Property except if caused by the negligence of Grantor, its agents, employees, or licensees. 7. Indemnification/Insurance. (a) Subject to the sovereign immunity protection provisions of 768.28, Florida Statutes, Grantee covenants and agrees to defend, protect, indemnify and hold harmless Grantor, its officers, agents, employees, from and against all claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses, including any action or proceedings brought thereon, and all costs, losses, expenses and liability (including reasonable attorney's fees and cost of suit) for property damage, personal injury, liability or death which shall occur arising out of or occasioned by any activities of Grantee, its agents, contractors, sub-contractors, licensees, or employees during the Term. Grantor covenants and agrees to defend, protect, indemnify and hold harmless Grantee, its officers, agents, employees, from and against all claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses, including any action or proceedings brought thereon, and all costs, losses, expenses and liability (including reasonable attorney's fees and cost of suit) for property damage, personal injury, liability or death which shall occur arising out of or occasioned by the negligence, acts or omissions of Grantor, its agents, contractors, sub-contractors, licensees, or employees during the Term. (b) The indemnity provisions provided in this Section shall survive the Termination Date of this Agreement or early termination. The parties acknowledge that good, sufficient and independent consideration has been given for the indemnities provided for in this Agreement and Grantee acknowledges that but for the indemnities provided to Grantor in this Agreement, Grantor would not have entered into this Agreement. (c) Grantor shall maintain at all times during the terms of this Agreement and while Grantee and/or its sub-contractors are utilizing or performing work on the Property pursuant to the terms of this Agreement, comprehensive general liability insurance with limits of not less than One Million Dollars ($1,000,000.00) combined single limit, bodily injury, death and property damage per occurrence. Each policy of insurance shall name Grantee as an additional insured. A certificate of insurance shall be delivered to Grantee prior to any entry upon the Property by Grantee or its agents, employees, consultants or subcontractors. 8. Sovereign Immunity and Non-Waiver of Immunity: The County's indemnification is limited and subject to the sovereign immunity provisions of Sec. 768.28, Florida Statutes. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Parties in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into bythe County be required to contain any provision for waiver. Nothing contained herein is intended, nor may it be construed, to waive County's rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time; nor will anything included herein be construed as consent to be sued by any third parties in any matter arising out of this Agreement 9. Governing Law/Venue. This Agreement shall be construed in accordance with Florida Law (exclusive of choice of law rules) and shall not be amended or modified terminated unless in writing executed by the parties. Venue for any action arising hereunder shall lie exclusively in the 16th Judicial Circuit in and for Monroe County, Florida.This Agreement shall not be subject to arbitration. This Agreement may be executed in counterparts, each of which, when so executed and delivered, shall be an original, but each counterpart together shall constitute one and the same instrument. Facsimile signatures may be relied upon and shall constitute one and the same as original signatures. 10. Severability. If any term or provision of this Agreement or the application thereof to any party, person or circumstance shall,to any extent, be declared invalid or unenforceable by a court of law,the remainder of this Agreement, or the application of such term or provision to parties, persons or circumstances other than those to as to which it is held invalid or unenforceable, such term or provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other terms and provisions of this Agreement and all other applications of any such term or provision shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 11. Remedies. In the event of default by Grantee in its respective obligations, Grantor shall have (in addition to any other remedies which may be contained herein) all remedies available to it at law or in equity, including, without limitation, the right to specific performance and damages. Grantor shall provide Grantee with written notice of any default and provide Grantee with ten (10) days to cure any such default before exercising Grantor's remedies. If a default cannot reasonably be cured in the ten (10) day period, Grantee must make a good faith effort to commence curing the breach during the ten (10) day period and complete curing the breach within thirty (30) days following written notice. Grantor may enforce the provisions of this Agreement, and in the event of any legal proceedings or Litigation resulting therefrom, then Grantor shall be entitled to recover all costs and reasonable attorneys'fees incurred in the action or proceeding (including those incurred at trial and appellate levels), in addition to any other relief to which it or they may be entitled. In the event of a default by Grantor hereto in its respective obligations hereunder, Grantee's sole and exclusive remedy shall be to seek specific performance. 12. No Recording.This Agreement shall not be recorded in the Public Records. 13. Authority. The persons signing below on behalf of Grantor and Grantee have full power and authority to bind Grantor and Grantee to the terms hereof. 14. Nondiscrimination: The Parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The Parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;2)Title IX of the Education Amendment of 1972, as amended(20 USC ss.1681-1683, and 1685-1686),which prohibits discrimination on the basis of sex;3)Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age;5)The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527(42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relatingto nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may applyto the parties to, or the subject matter of, this Agreement. 15. Public Records Compliance: The Agreement is a Public Record under Chapter 119, Florida Statutes.The parties agree to comply with Chapter 119, Florida Statutes. Remainder of Page Intentionally Left Blank ANN / Nn 1\11, w ................... IN WITNESS WHEREOF, Grantorand Grantee hilVe executed this Agreement as, of and year first above wr,itten. BOARD OF COUNTY COMMISSIONERS OF rtorida Keys Resort and Marili MONROE COUNTYr FLORIDA (GRANTOR) (GRANTEE) BY: .............. ............... Mayor/Chairr-nan 'TITLE: And Two itnesses, Pri (1) Signature Date Attest: KEVIN MADOK, CLerk BY: (2) As Deputy CLerk * Print Name (2) ,4Z DATE: Signature Date: 7Za 6 MONROE COUNTY ATTORNEY APPROV ED AS TO IORM CHRISTINE LJMBERT-BARROWS SIR ASSISTANT COUNTY ATTORNEY DATE 31,3112K. Attachment A- Permitted Use Event Overview • Date: Monday, May 4, 2026 This event is held in observance of the National Travel and Tourism Week (NTTW) and is designed to recognize and celebrate tourism's role in the Florida Keys while generating earned media, social content, and community goodwill. Programming will reinforce responsible recreation, local engagement, and destination stewardship. Planned Activities: • Proclamation Photo Opportunity Monroe County Mayor Lincoln will sign an official NTTW proclamation during a staged photo opportunity that showcases the Florida Keys lifestyle and reinforces our stewardship message. • Live Music—Local Talent will provide music throughout the event • Visit Florida Keys Promotional Booth—The booth will distribute branded promotional items and provide educational materials focused on responsible tourism, stewardship messaging, and visitor awareness. • Professional Photographer/Aerial Footage—Professional photography and aerial footage will capture high-quality,reusable assets throughout the event Table, Chair & Linen Rentals— Tables, chairs, and linens will be brought in by a third party vender. This includes providing seating and table space for attendees to sit and eat after purchasing food from on-site trucks, as well as general gathering space throughout the activation. • Food Trucks or vendors- Food will be available for purchase.A maximum of three (3) Food Trucks and/or vendors will be on Property to offer food for guest purchase.