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Home My WebLink AboutAssignment and Assumption of Leases 04/15/2026 R-� OV�COURJB V 00Kevin Madok, CPA ' �►�� Clerk of the Circuit CourtComptroller& — Monroe County, Florida da OryROE cooNSy DATE: April 24, 2026 TO: Christine Hurley County Administrator Pedro Mercado Chief Assistant County Attorney FROM: Liz Yongue, Deputy Clerk SUBJECT: April 15, 2026 BOCC Meeting The following items have been executed and added to the record: S5 Assignment and Assumption of the Salute Watersports and Salute Restaurant leases from Monroe County to the City of Key West, and Approval of the tenant Notice letter. S6 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. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 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. 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); C �. • •. : KEY WE �•.�. • • 1 • '• ''• • ' 1 .."r. 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' APPROVED AS TO'FORM AND. ••.-: • • . : • • .-. - • •-: : - • . • • LEG• •A•LIT••Y•F •OR••THE• USE•A •N•D• • • • :•• . ••• : •' • • • • :- • •. :RELIANCE OF THE CITY OF: .- - • : • • . .. .. ': 1 'KEY' A S - .. - .• • : - .- :. •• - '��...7 .. . • • • E T,FL RIDA ONLY:' ' • •. * • . ••. . .•• . .•• \,..,.•.. '•-•• •...• .‘• ...•.• .2 •.. :• ;...: : .-• . '.. .•.. :• •..: .-• . :• -•.'. 1 •.: : .•' . s•_ •• •. :; •..: : .:'.1...I.:I'''. •-.': l rs.j.: : •:;....:1-7, •• • - •• _,,,,,_,../,`" • • 7. . : •: .• .. •• • : Kends) Harden :• . . . : • . • : Chief.Assistant City Attorney : :• • - . : . : • : . : •• . • : :: . : . • : :: - : ••• n_ ; : . ATTEST:KEVIN•MADOK • . . • •• .. • ••. • MONROE COUNTY BOARD'OF :• - .: : •'.- - :'. ••..•: •' • .: : • •• '•. • M . .- • . . •• - . .• - ..• 4.-, .• - •• .• . .• g •• • .- • .. . - • . .•. . .- • .. . - • . .- • • • •• . 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Pedro J.Mercado • :..Chief Assistant.County Attorney- . • : : .. .. • . • : : . • . • . : • . : .3. : BOARD OF CQUNTY COMMISSIONERS County of Monroe Mayor Michelle Lincoln,District The Florida Keys Mayor Pro Tem,David Rice,District 4 Y Craig Cates,District I James K.Scholl,District 3 Robert B.Shillinger,Jr.,County Attorney** Holly Merrill Raschein,District 5 Pedro 1.Mercado,Chief Assistant County Attorney** Christine Limbert-Barrows,Sr.Assistant County Attorney"" Derek V.Howard,Sr.Assistant County Attomey** Office of the County Attorney Peter H.Morris,Assistant County Attorney** 1 l 11 121 Street,Suite 408 Patricia Eables,Assistant County Attorney Key West,FL 33040 Joseph X DiNovo,Assistant County Attorneys* (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 Apri 120, 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. s inr t ... .......... Pedro J.Merc1 o Chief Assistai°tCou Attu pT y SCHEDULE [NUMBER] Letters of Credit 5 EXHIBIT A Schedule of Leases Key West Garden Club dated September 17, 1997 4 AGREEMENT THIS AGREEMENT, entered this /7t-"day of C zer2_fer , 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 f�qjlows: 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 INDEMNIF) ATIN 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. LAWSw.AND VEN UE 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 writtCn�otice. YVITNESS WHEREOF, the parties hereto have executed this contract the date and year first +� r>len: -� ( BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, CLERK O;MOROE 4OUNTY, RIDA y �. ByU) Deputy Clerk WITNESSES: KEY WEST GARDEN CLUB, INC. Bye President conmartello APPROVED AS TO FO AND -AL SUFF CIE BY �^ E , . H T-N A , J DATE 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 a osif 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. ales 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 Bevera es 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: Se purity 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. Sum a 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