HomeMy WebLinkAboutItem S06 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: S6
26-6272
BULK ITEM: Yes DEPARTMENT: Administration
TIME APPROXIMATE: n/a STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of an assignment and assumption of the Key West Garden
Club lease from Monroe County to the City of Key West, and Approval of the tenant Notice letter.
ITEM BACKGROUND: The Monroe County (County) Administrator along with County staff has
been working diligently with the City of Key West(City) Manager along with City staff on the terms
of an Interlocal Agreement(ILA) that would result in the County conveying Higgs Beach to the City.
This item is a companion item to the ILA, which is also being heard at this meeting. This item
effectuates one of the terms of the ILA which requires that the County assign the tenant leases the
County holds at Higgs Beach to the City. The Key West Garden Club lease is one of those leases.
PREVIOUS RELEVANT BOCC ACTION: Directed the County Administrator to proceed with
negotiating an Interlocal Agreement for the transfer of Higgs Beach from the County to the City at the
March 11, 2026 BOCC meeting.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Higgs ILA KW County-Lease Assignment&Assumption-Key West Garden Club.docx
Higgs ILA KW County-Lease Assignment&Assumption-Key West Garden Club 9_17_97 Exh A.pdf
Higgs ILA KW County-Lease Assignment&Assumption Notice Ltr-Key West Garden Club.docx
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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:
Assignment and Assumption of Leases
For good and valuable consideration,the receipt of which is hereby acknowledged,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, FL 33040 ("Assignor"), hereby irrevocably assigns, transfers, and
sets over to CITY OF KEY WEST, a municipal corporation of the State of Florida,whose address
is 1300 White Street, Key West, Florida, 33040 ("Assignee") all of Assignor's right, title, and
interest, as lessor, in and to that certain lease, license agreement, and other occupancy agreement
(collectively, the "Lease") in effect for space at the real property located at 1100 Atlantic
Boulevard, Key West, Florida, otherwise known as "West Martello Tower" (the "Property") and
listed on Exhibit A attached hereto and made a part hereof.
I. Assignee hereby expressly assumes all of the obligations imposed upon the
lessor under the Leases which accrue from and after May 1, 2026.
2. Assignor, as a political sub-division of the State of Florida, as defined in
Section 768.28,Florida Statutes, agrees to be fully responsible to the limits set forth in such statute
for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the Assignee or Assignor, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortious acts. originating or
relating to the period prior May 1, 2026,and arising out of or with respect to the failure of Assignor
to have performed any of the obligations of the landlord under the Leases which accrued prior to
May 1, 2026. Nothing contained in this Section shall be construed to be a waiver by either party
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 either party to
be sued by third parties in any matter arising out of this or any other Agreement.
3. Assignee, to the extent set forth in Section 768.28, Florida Statutes, agrees
to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,
or intentional tortuous acts,which result in claims or suits against either the Assignee or Assignor,
and agrees to be liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts, originating or relating to the period beginning on May 1,
2026 and arising out of or with respect to the failure of Assignee to perform any of the obligations
of the landlord under the Leases accruing on and after the date hereof. Nothing contained in this
Section shall be construed to be a waiver by either party 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 either party to be sued by third parties in
any matter arising out of this or any other Agreement.
4. This Assignment is made by Assignor without recourse and without any
express or implied representation or warranty whatsoever, except to the extent provided in that
certain "HIGGS BEACH CONVEYANCE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY", dated as of April 15, 2026, by and between
Assignor and Assignee (the "ILA").
5. This Assignment may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original for all purposes, and all such
counterparts shall together constitute but one and the same instrument.
6. This Assignment shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflict of law rules.
7. This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benefit of the parties hereto and their respective legal representatives,
successors, and assigns.
8. No modification, waiver, amendment, discharge, or change of this
Assignment shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification, waiver, amendment, discharge, or change is or may be sought.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: THE CITY OF KEY WEST, FLORIDA
By:
Keri O'Brien Mayor Danise Henriquez Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By:
Kendal Harden
Chief Assistant City Attorney
ATTEST: KEVIN MADOK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
As Deputy Clerk Mayor Michelle Lincoln Date
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE BOARD OF
COUNTY COMMISSIONS OF
MONROE COUNTY, FL ONLY:
By:
Pedro J. Mercado
Chief Assistant County Attorney
3
EXHIBIT A
Schedule of Leases
Key West Garden Club dated September 17, 1997
4
SCHEDULE [NUMBER]
Letters of Credit
5
AGREEMENT
THIS AGREEMENT, entered this /7thday of CQeRZC:/?7Z&/" , 1997, between the Board of
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 f6ilows:
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 written`irotice.
�-lm WITNESS WHEREOF, the parties hereto have executed this contract the date and year first
e. ritten' -
( f BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MO ROE OUNTY, F RIDA
.a jA 0
By rn. U� By
Deputy Clerk / 7
M y
WITNESSES: KEY WEST GARDEN CLUB, INC.
By
President
conmartello AP OVED AS TO FOR
AND AL SUFF CIE
f
Y S AN
B /H T N
_._ _ E aly�
oaTe `�
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/End 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 Beverages
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.
Equipment
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 $
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:
STAFF: DATE:
congarden
�t' " �a
BOARD OF COUNTY COMMISSIONERS
County of Monroe1.d r i Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern,David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney** 1111 121h Street,Suite 408
Patricia Eables,Assistant County Attorney Key West,FL 33040
Joseph X. DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M.Lewis,Assistant County Attorney**
Gaelan P.Jones,Assistant County Attorney
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Donald Townsend,Jr.,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
April 16, 2026
President
Key West Garden Club, Inc.
1100 Atlantic Blvd.
West Martello Tower
Key West, Florida 33040
Re: Key West Garden Club Lease dated September 17, 1997 (the "Lease") between Monroe
County, as landlord ("Landlord") and Key West Garden Club, Inc., as tenant("Tenant")
Dear Tenant:
On April 15, 2026, Monroe County(County) and the City of Key West(City) entered into an
Interlocal Agreement involving the property known as Higgs Beach,which includes the West
Martello Tower and the Key West Garden Club, Inc. leasehold premises. As part of the
Interlocal Agreement the County will convey Higgs Beach, along with the West Martello
Tower, to the City on May 1, 2026 and, as of that date, the County's interest in the Key West
Garden Club, Inc. lease will be transferred and assigned to the City.
The contact person at the City is Marcus Davila who may be reached by telephone at
or via e-mail at
Beginning May 1, 2026, all rent and other payments due under the Lease should be remitted
to the City in accordance with the terms of the Lease at the following address:
Further, until you are directed otherwise by the City, all notices and other communications to
the landlord under or with respect to the Lease should be delivered in accordance with the
terms of the Lease to:
Sincerely,
Pedro J. Mercado
Chief Assistant County Attorney
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Thursday, April 9, 2026 4:03 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Liz Yongue; InternalAudit; Agenda Item Review Team; MGT; Francis-Lourdes; Gastesi-
Roman; Gongre-Mark; Maddox-Natalie; Moeller-Mary; Moore-Deborah; Proffitt-
Maureen; Senior Management Team and Aides; Tamborski-Cheri; Tolpin-Devin;
Wilson-Kevin
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena;
Powell-Barbara; Guerra-Cynthia; Brynn Morey
Subject: Item S6 BOCC 04/15/2026 REVISED BACKUP
Attachments: AIS 26-6272 S6.pdf, Higgs ILA KW County - Lease Assignment &Assumption - Key
West Garden Club v2 redline.docx; Higgs ILA KW County - Lease Assignment &
Assumption - Key West Garden Club v2 clean.pdf, Higgs ILA KW County - Lease
Assignment &Assumption Notice Ltr - Key West Garden Club v2 redline.docx; Higgs
ILA KW County - Lease Assignment &Assumption Notice Ltr - Key West Garden Club
v2 clean.pdf
Categories: Orange Category
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
Thanle
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
i
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
2
COUNTY Nr11�,Y �� ����� BOARD OF COUNTY CONDUSSIONERS
Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
Craig Cates,District 1
James K.Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: {{section.number}}{{item.number}}
26-6272
BULK ITEM: Yes DEPARTMENT:Administration
TIME APPROXIMATE: n/a STAFF CONTACT: Christine Hurley
AGENDA ITEM WORDING: Approval of an assignment and assumption of the Key West Garden
Club lease from Monroe County to the City of Key West, and Approval of the tenant Notice letter.
ITEM BACKGROUND: The Monroe County (County)Administrator along with County staff has
been working diligently with the City of Key West(City) Manager along with City staff on the terms
of an Interlocal Agreement(ILA)that would result in the County conveying Higgs Beach to the City.
This item is a companion item to the ILA, which is also being heard at this meeting. This item
effectuates one of the terms of the ILA which requires that the County assign the tenant leases the
County holds at Higgs Beach to the City. The Key West Garden Club lease is one of those leases.
PREVIOUS RELEVANT BOCC ACTION: Directed the County Administrator to proceed with
negotiating an Interlocal Agreement for the transfer of Higgs Beach from the County to the City at the
March 11, 2026 BOCC meeting.
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Higgs ILA KW County-Lease Assignment&Assumption-Key West Garden Club.docx
Higgs ILA KW County-Lease Assignment&Assumption-Key West Garden Club 9_17_97 Exh A.pdf
Higgs ILA KW County-Lease Assignment&Assumption Notice Ltr-Key West Garden Club.docx
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
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:
Assignment and Assumption of Leases
For good and valuable consideration, the receipt of which is hereby acknowledged,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, FL 33040 ("Assignor"), hereby irrevocably assigns, transfers, and
sets over to CITY OF KEY WEST, a municipal corporation of the State of Florida,whose address
is 1300 White Street, Key West, Florida, 33040 ("Assignee") all of Assignor's right, title, and
interest, as lessor, in and to that certain lease, license agreement, and other occupancy agreement
(collectively, the "Lease") in effect for space at the real property located at 1100 Atlantic
Boulevard, Key West, Florida, otherwise known as "West Martello Tower" (the "Property") and
listed on Exhibit A attached hereto and made a part hereof.
1. Assignee hereby expressly assumes all of the obligations imposed upon the
lessor under the Leases which accrue from and after May 1, 2026.
2. Assignor, as a political sub-division of the State of Florida, as defined in
Section 768.28,Florida Statutes, agrees to be fully responsible to the limits set forth in such statute
for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the Assignee or Assignor, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortious acts. originating or
relating to the period prior to May 1, 2026, and arising out of or with respect to the failure of
Assignor to have performed any of the obligations of the landlord under the Leases which accrued
prior to May 1, 2026. Nothing contained in this Section shall be construed to be a waiver by either
party 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 either
party to be sued by third parties in any matter arising out of this or any other Agreement.
3. Assignee, to the extent set forth in Section 768.28, Florida Statutes, agrees
to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,
or intentional tortuous acts, which result in claims or suits against either the Assignee or Assignor,
and agrees to be liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts, originating or relating to the period beginning on May 1,
2026 and arising out of or with respect to the failure of Assignee to perform any of the obligations
of the landlord under the Leases accruing on and after the date hef May 1, 2026. Nothing
contained in this Section shall be construed to be a waiver by either party 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 either parry to be sued by third
parties in any matter arising out of this or any other Agreement.
4. This Assignment is made by Assignor without recourse and without any
express or implied representation or warranty whatsoever, except to the extent provided in that
certain "HIGGS BEACH CONVEYANCE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY", dated as of April 15, 2026, by and between
Assignor and Assignee (the "ILA").
5. This Assignment may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original for all purposes, and all such
counterparts shall together constitute but one and the same instrument.
6. This Assignment shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflict of law rules.
7. This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benefit of the parties hereto and their respective legal representatives,
successors, and assigns.
8. No modification, waiver, amendment, discharge, or change of this
Assignment shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification, waiver, amendment, discharge, or change is or may be sought.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: THE CITY OF KEY WEST, FLORIDA
By:
Keri O'Brien Mayor Danise Henriquez Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By:
Kendal Harden
Chief Assistant City Attorney
ATTEST: KEVIN MADOK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
As Deputy Clerk Mayor Michelle Lincoln Date
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE BOARD OF
COUNTY COMMISSIONS OF
MONROE COUNTY, FL ONLY:
By:
Pedro J. Mercado
Chief Assistant County Attorney
3
EXHIBIT A
Schedule of Leases
Key West Garden Club dated September 17, 1997
4
SCHEDULE [NUINIBERI
Letters of r.edi
5
- Vim' „ BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem,David Rice,District 4
y �' F Craig Cates,District 1
James K. Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** �J,.f Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney** 1111 12'Street,Suite 408
Patricia Fables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M.Lewis,Assistant County Attorney**
Gaelan P.Jones,Assistant County Attorney
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Donald Townsend,Jr.,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
April 16, 2026
President
Key West Garden Club, Inc.
1100 Atlantic Blvd.
West Martello Tower
Key West, Florida 33040
Re: Key West Garden Club Lease dated September 17, 1997 (the "Lease") between Monroe
County, as landlord("Landlord") and Key West Garden Club, Inc., as tenant("Tenant")
Dear Tenant:
On April 15, 2026, Monroe County (County) and the City of Key West(City) entered into an
Interlocal Agreement involving the property known as Higgs Beach, which includes the West
Martello Tower and the Key West Garden Club, Inc. leasehold premises. As part of the
Interlocal Agreement the County will convey Higgs Beach, along with the West Martello
Tower, to the City on May 1, 2026 and, as of that date, the County's interest in the Key West
Garden Club, Inc. lease will be transferred and assigned to the City.
The contact person at the City is Marcus Davila who may be reached by telephone at 305-
747-0163 or via e-mail at madavilaodcityofkeywest-fl.gov.
Beginning May 1, 2026, all rent and other payments due under the Lease should be remitted
to the City in accordance with the terms of the Lease at the following address:
City of Key West—Finance Department
P.O. Box 1409
Key West, FL 33041
305-809-3700
Further, until you are directed otherwise by the City, all notices and other communications to
the landlord under or with respect to the Lease should be delivered in accordance with the
terms of the Lease to:
City of Key West—Community Services Department
Marcus Davila
305-747-0163
madavilaodcityofl,--eywest-fl.gov
Sincerely,
Pedro J. Mercado
Chief Assistant County Attorney
Assignment and Assumption of Leases
For good and valuable consideration,the receipt of which is hereby acknowledged,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, FL 33040 ("Assignor"), hereby irrevocably assigns, transfers, and
sets over to CITY OF KEY WEST,a municipal corporation of the State of Florida,whose address
is 1300 White Street, Key West, Florida, 33040 ("Assignee") all of Assignor's right, title, and
interest, as lessor, in and to that certain lease, license agreement, and other occupancy agreement
(collectively, the "Lease") in effect for space at the real property located at 1100 Atlantic
Boulevard, Key West, Florida, otherwise known as "West Martello Tower" (the "Property") and
listed on Exhibit A attached hereto and made a part hereof.
1. Assignee hereby expressly assumes all of the obligations imposed upon the
lessor under the Leases which accrue from and after May 1, 2026.
2. Assignor, as a political sub-division of the State of Florida, as defined in
Section 768.28,Florida Statutes, agrees to be fully responsible to the limits set forth in such statute
for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the Assignee or Assignor, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts. originating or
relating to the period prior to May 1, 2026, and arising out of or with respect to the failure of
Assignor to have performed any of the obligations of the landlord under the Leases which accrued
prior to May 1, 2026. Nothing contained in this Section shall be construed to be a waiver by either
party 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 either
party to be sued by third parties in any matter arising out of this or any other Agreement.
3. Assignee, to the extent set forth in Section 768.28, Florida Statutes, agrees
to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,
or intentional tortuous acts,which result in claims or suits against either the Assignee or Assignor,
and agrees to be liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts, originating or relating to the period beginning on May 1,
2026 and arising out of or with respect to the failure of Assignee to perform any of the obligations
of the landlord under the Leases accruing on and after May 1, 2026. Nothing contained in this
Section shall be construed to be a waiver by either parry 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 either parry to be sued by third parties in
any matter arising out of this or any other Agreement.
4. This Assignment is made by Assignor without recourse and without any
express or implied representation or warranty whatsoever, except to the extent provided in that
certain "HIGGS BEACH CONVEYANCE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY", dated as of April 15, 2026, by and between
Assignor and Assignee (the "ILA").
5. This Assignment may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original for all purposes, and all such
counterparts shall together constitute but one and the same instrument.
6. This Assignment shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflict of law rules.
7. This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benefit of the parties hereto and their respective legal representatives,
successors, and assigns.
8. No modification, waiver, amendment, discharge, or change of this
Assignment shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification, waiver, amendment, discharge, or change is or may be sought.
[SIGNATURE PAGE FOLLOWS]
2
IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: THE CITY OF KEY WEST, FLORIDA
By:
Keri O'Brien Mayor Danise Henriquez Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
MARATHON, FLORIDA ONLY:
By:
Kendal Harden
Chief Assistant City Attorney
ATTEST: KEVIN MADOK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
As Deputy Clerk Mayor Michelle Lincoln Date
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE BOARD OF
COUNTY COMMISSIONS OF
MONROE COUNTY, FL ONLY:
By:
Pedro J. Mercado
Chief Assistant County Attorney
3
EXHIBIT A
Schedule of Leases
Key West Garden Club dated September 17, 1997
4
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem,David Rice,District 4
y �� Craig Cates,District 1
James K.Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney ** I I11 12'Street,Suite 408
Patricia Fables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M.Lewis,Assistant County Attorney**
Gaelan P.Jones,Assistant County Attorney
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Donald Townsend,Jr.,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
April 16, 2026
President
Key West Garden Club, Inc.
1100 Atlantic Blvd.
West Martello Tower
Key West, Florida 33040
Re: Key West Garden Club Lease dated September 17, 1997 (the "Lease") between Monroe
County, as landlord ("Landlord") and Key West Garden Club, Inc., as tenant("Tenant")
Dear Tenant:
On April 15, 2026, Monroe County (County) and the City of Key West(City) entered into an
Interlocal Agreement involving the property known as Higgs Beach,which includes the West
Martello Tower and the Key West Garden Club, Inc. leasehold premises. As part of the
Interlocal Agreement the County will convey Higgs Beach, along with the West Martello
Tower, to the City on May 1, 2026 and, as of that date, the County's interest in the Key West
Garden Club, Inc. lease will be transferred and assigned to the City.
The contact person at the City is Marcus Davila who may be reached by telephone at 305-
747-0163 or via e-mail at madavila@cityofkeywest-fl.gov.
Beginning May 1, 2026, all rent and other payments due under the Lease should be remitted
to the City in accordance with the terms of the Lease at the following address:
City of Key West—Finance Department
P.O. Box 1409
Key West, FL 33041
305-809-3700
Further, until you are directed otherwise by the City, all notices and other communications to
the landlord under or with respect to the Lease should be delivered in accordance with the
terms of the Lease to:
City of Key West—Community Services Department
Marcus Davila
305-747-0163
madavila@cityofkeywest-fl.gov
Sincerely,
Pedro J. Mercado
Chief Assistant County Attorney
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, April 13, 2026 1:17 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Liz Yongue; InternalAudit; Agenda Item Review Team; MGT; Francis-Lourdes; Gongre-
Mark; Maddox-Natalie; Moeller-Mary; Moore-Deborah; Proffitt-Maureen; Tamborski-
Cheri; Tolpin-Devin; Wilson-Kevin
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena;
Powell-Barbara; Guerra-Cynthia; Brynn Morey
Subject: RE: Item S6 BOCC 04/15/2026 REVISED BACKUP
Attachments: Higgs ILA KW County - Lease Assignment Assumption Notice Ltr - Key West Garden
Club v3.pdf
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
Thanle
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent:Thursday, April 9, 2026 4:03 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
1
<phancock@monroe-clerk.com>; Liz Yongue Clerk<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>;Agenda Item
Review Team <Agenda_Item_Review_Team@MonroeCounty-FL.Gov>; MGT<MGT@ Mon roeCounty-FL.Gov>; Francis-
Lourdes<Francis-Lourdes@MonroeCounty-FL.Gov>; Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Gongre-
Mark<Gongre-Mark@ Mon roeCounty-FL.Gov>; Maddox-Natalie<Maddox-Natalie@ Mon roeCounty-FL.Gov>; Moeller-
Mary<Moeller-Mary@monroecounty-fl.gov>; Moore-Deborah <Moore-Deborah@MonroeCounty-FL.Gov>; Proffitt-
Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>; Senior Management Team and Aides
<Senior_Management_Team_and_Aides@ Mon roecounty-fl.gov>;Tamborski-Cheri <Tamborski-Cheri@MonroeCounty-
FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com; Kevin Madok<kmadok@ Mon roe-Clerk.Com>;Valcheva-Svilena
<Valcheva-Svilena@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Guerra-Cynthia
<Guerra-Cynthia@MonroeCounty-FL.Gov>; Brynn Morey<bmorey@monroe-clerk.com>
Subject: Item S6 BOCC 04/15/2026 REVISED BACKUP
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
2
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem,David Rice,District 4
y �� Craig Cates,District 1
James K.Scholl,District 3
Robert B.Shillinger,Jr.,County Attorney** Holly Merrill Raschein,District 5
Pedro J.Mercado,Chief Assistant County Attorney**
Christine Limbert-Barrows,Sr.Assistant County Attorney**
Derek V.Howard,Sr.Assistant County Attorney** Office of the County Attorney
Peter H.Morris,Assistant County Attorney ** I I11 12'Street,Suite 408
Patricia Fables,Assistant County Attorney Key West,FL 33040
Joseph X.DiNovo,Assistant County Attorney** (305)292-3470 Office
Kelly Dugan,Assistant County Attorney (305)292-3516 Fax
Eve M.Lewis,Assistant County Attorney**
Gaelan P.Jones,Assistant County Attorney
Jeni-Lee MacLaughlin,Assistant County Attorney
Ana Walter,Assistant County Attorney
Donald Townsend,Jr.,Assistant County Attorney
Jessica Quiggle,Assistant County Attorney++
**Board Certified in City,County&Local Govt.Law
++Board Certified in State&Federal Govt.&Administrative Practice
April 16, 2026
President
Key West Garden Club, Inc.
1100 Atlantic Blvd.
West Martello Tower
Key West, Florida 33040
Re: Key West Garden Club Lease dated September 17, 1997 (the "Lease") between Monroe
County, as landlord ("Landlord") and Key West Garden Club, Inc., as tenant("Tenant")
Dear Tenant:
On April 15, 2026, Monroe County (County) and the City of Key West(City) entered into an
Interlocal Agreement involving the property known as Higgs Beach,which includes the West
Martello Tower and the Key West Garden Club, Inc. leasehold premises. As part of the
Interlocal Agreement the County will convey Higgs Beach, along with the West Martello
Tower, to the City on May 1, 2026 and, as of that date, the County's interest in the Key West
Garden Club, Inc. lease will be transferred and assigned to the City.
The contact person at the City is Gary Moreira who may be reached by telephone at (305)
809-3783 or via e-mail at gary.moreira@cityofkeywest-fl.gov.
Beginning May 1, 2026, all rent and other payments due under the Lease should be remitted
to the City in accordance with the terms of the Lease at the following address: Attn: Ronnie
Tabag, City of Key West, PO Box 1409, Key West FL 33041.
Further, until you are directed otherwise by the City, all notices and other communications to
the landlord under or with respect to the Lease should be delivered in accordance with the
terms of the Lease to: Brian L. Barroso,
City Manager
City of Key West
P.O. Box 1409
Key West, FL 33041.
Sincerely,
Pedro J. Mercado
Chief Assistant County Attorney
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Monday, April 13, 2026 1:21 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Liz Yongue; InternalAudit; Agenda Item Review Team; MGT; Francis-Lourdes; Gongre-
Mark; Maddox-Natalie; Moeller-Mary; Moore-Deborah; Proffitt-Maureen; Tamborski-
Cheri; Tolpin-Devin; Wilson-Kevin
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Kevin Madok; Valcheva-Svilena;
Powell-Barbara; Guerra-Cynthia; Brynn Morey
Subject: RE: Item S6 BOCC 04/15/2026 REVISED BACKUP
Attachments: Higgs ILA KW County - Lease Assignment &Assumption - Key West Garden Club
v3.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
the lease assignment and assumption attachment
Thanle
�,-,rrystaC crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
From: Gomez-Krystal <Gomez-KrystaI@ Mon roeCounty-FL.Gov>
Sent: Monday, April 13, 2026 1:17 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Liz Yongue Clerk<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>;Agenda Item
Review Team <Agenda_Item_Review_Team@MonroeCounty-FL.Gov>; MGT<MGT@ Mon roeCounty-FL.Gov>; Francis-
Lourdes<Francis-Lourdes@MonroeCounty-FL.Gov>; Gongre-Mark<Gongre-Mark@ Mon roeCounty-FL.Gov>; Maddox-
Natalie<Maddox-Natalie@ Mon roeCounty-FL.Gov>; Moeller-Mary<Moeller-Mary@monroecounty-fl.gov>; Moore-
Deborah <Moore-Deborah@MonroeCounty-FL.Gov>; Proffitt-Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>;
Tamborski-Cheri <Tamborski-Cheri@MonroeCounty-FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;
Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com; Kevin Madok<kmadok@ Mon roe-Clerk.Com>;Valcheva-Svilena
<Valcheva-Svilena@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Guerra-Cynthia
<Guerra-Cynthia@MonroeCounty-FL.Gov>; Brynn Morey<bmorey@monroe-clerk.com>
Subject: RE: Item S6 BOCC 04/15/2026 REVISED BACKUP
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
2
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
From: Gomez-Krystal <Gomez-KrystaI@ Mon roeCounty-FL.Gov>
Sent:Thursday, April 9, 2026 4:03 PM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Liz Yongue Clerk<evongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>;Agenda Item
Review Team <Agenda Item Review Team@MonroeCounty-FL.Gov>; MGT<MGT@ Mon roeCounty-FL.Gov>; Francis-
Lourdes<Francis-Lourdes@ Mon roeCounty-FL.Gov>; Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Gongre-
Mark<Gongre-Mark@ Mon roeCounty-FL.Gov>; Maddox-Natalie<Maddox-Natalie@ Mon roeCounty-FL.Gov>; Moeller-
Mary<Moeller-Mary@monroecounty-fl.gov>; Moore-Deborah <Moore-Deborah@MonroeCounty-FL.Gov>; Proffitt-
Maureen <Proffitt-Maureen@MonroeCounty-FL.Gov>; Senior Management Team and Aides
<Senior Management Team and Aides@ Mon roecounty-fl.gov>;Tamborski-Cheri <Tamborski-Cheri@MonroeCounty-
FL.Gov>;Tolpin-Devin <Tolpin-Devin@MonroeCounty-FL.Gov>;Wilson-Kevin <Wilson-Kevin@MonroeCounty-FL.Gov>
Cc: Shillinger-Bob<Shi Ili nger-Bob@MonroeCounty-FL.Gov>;Williams-Jethon <Williams-Jethon@MonroeCounty-
FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>; Live ngood-Kristen <Livengood-
Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@ Mon roeCounty-FL.Gov>; Pam Radloff
<pradloff@monroe-clerk.com>; County_Attorney<County Attorney@ Mon roeCounty-FL.Gov>;Allen-John <Allen-
John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Hurley-Christine<Hurley-
Christine@MonroeCounty-FL.Gov>; Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-
Dina@MonroeCounty-FL.Gov>; Beyers-John <Beyers-John@MonroeCounty-FL.Gov>;
InternalAudit@monroeclerkFL.onmicrosoft.com; Kevin Madok<kmadok@ Mon roe-Clerk.Com>;Valcheva-Svilena
<Valcheva-Svilena@MonroeCounty-FL.Gov>; Powell-Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Guerra-Cynthia
<Guerra-Cynthia@MonroeCounty-FL.Gov>; Brynn Morey<bmorev@monroe-clerk.com>
Subject: Item S6 BOCC 04/15/2026 REVISED BACKUP
Good afternoon,
Please be advised that the backup for the S6 agenda item has been revised.
"Approval of an assignment and assumption of the Key West Garden Club lease from Monroe County to the City
of Key West, and Approval of the tenant Notice letter. "
�,-,rrystal crontez
Executive Administrative Coordinator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
Office: 305-292-4441
Cell: 305-850-8694
Courier Stop 41
Notary Public
�y ------_-rv_�
3
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
4
Assignment and Assumption of Leases
For good and valuable consideration,the receipt of which is hereby acknowledged,
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, FL 33040 ("Assignor"), hereby irrevocably assigns, transfers, and
sets over to CITY OF KEY WEST,a municipal corporation of the State of Florida,whose address
is 1300 White Street, Key West, Florida, 33040 ("Assignee") all of Assignor's right, title, and
interest, as lessor, in and to that certain lease, license agreement, and other occupancy agreement
(collectively, the "Lease") in effect for space at the real property located at 1100 Atlantic
Boulevard, Key West, Florida, otherwise known as "West Martello Tower" (the "Property") and
listed on Exhibit A attached hereto and made a part hereof.
1. Assignee hereby expressly assumes all of the obligations imposed upon the
lessor under the Leases which accrue from and after May 1, 2026.
2. Assignor, as a political sub-division of the State of Florida, as defined in
Section 768.28,Florida Statutes, agrees to be fully responsible to the limits set forth in such statute
for its own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the Assignee or Assignor, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortuous acts, originating or
relating to the period prior to May 1, 2026, and arising out of or with respect to the failure of
Assignor to have performed any of the obligations of the landlord under the Leases which accrued
prior to May 1, 2026. Nothing contained in this Section shall be construed to be a waiver by either
party 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 either
party to be sued by third parties in any matter arising out of this or any other Agreement.
3. Assignee, to the extent set forth in Section 768.28, Florida Statutes, agrees
to be fully responsible to the limits set forth in such statute for its own negligent acts or omissions,
or intentional tortuous acts,which result in claims or suits against either the Assignee or Assignor,
and agrees to be liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts, originating or relating to the period beginning on May 1,
2026 and arising out of or with respect to the failure of Assignee to perform any of the obligations
of the landlord under the Leases accruing on and after May 1, 2026. Nothing contained in this
Section shall be construed to be a waiver by either parry 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 either parry to be sued by third parties in
any matter arising out of this or any other Agreement.
4. This Assignment is made by Assignor without recourse and without any
express or implied representation or warranty whatsoever, except to the extent provided in that
certain "HIGGS BEACH CONVEYANCE INTERLOCAL AGREEMENT BETWEEN THE
CITY OF KEY WEST AND MONROE COUNTY", dated as of April 15, 2026, by and between
Assignor and Assignee (the "ILA").
5. This Assignment may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original for all purposes, and all such
counterparts shall together constitute but one and the same instrument.
6. This Assignment shall be governed by and construed in accordance with the
laws of the State of Florida, without regard to conflict of law rules.
7. This Assignment and the obligations of the parties hereunder shall be
binding upon and inure to the benefit of the parties hereto and their respective legal representatives,
successors, and assigns.
8. No modification, waiver, amendment, discharge, or change of this
Assignment shall be valid unless the same is in writing and signed by the party against which the
enforcement of such modification, waiver, amendment, discharge, or change is or may be sought.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, each parry has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
ATTEST: THE CITY OF KEY WEST, FLORIDA
By:
Keri O'Brien Mayor Danise Henriquez Date
City Clerk
(City Seal)
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE CITY OF
KEY WEST, FLORIDA ONLY:
By:
Kendal Harden
Chief Assistant City Attorney
ATTEST: KEVIN MADOK MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
As Deputy Clerk Mayor Michelle Lincoln Date
APPROVED AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF THE BOARD OF
COUNTY COMMISSIONS OF
MONROE COUNTY, FL ONLY:
By:
Pedro J. Mercado
Chief Assistant County Attorney
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EXHIBIT A
Schedule of Leases
Key West Garden Club dated September 17, 1997
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