Consent to Consignment
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this 15th day of September, 2004, by
and between Monroe County, a political subdivision of the State of Florida, hereafter
County, Irwin S. Morse, M.D. Assignor, and David & Linda Shield d/b/a Town Square
Mall, hereafter Assignee, the parties agreeing as follows:
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.:.:. 1.. .l",:rhe County leases approximately 400 s.f of office space at the Town Square
. :~;~all Unit #205, Marathon, Florida, through an Agreement dated January 16,
".:;~002, hereafter the original agreement, and renewed for two one-year terms
. -- .... )
1(~~3'On December 18, 2002 and November 19,2003. The original agreement and
:;:lfenewal agreements are attached and incorporated into this Consent to
>.:Assignment.
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2.
'-Bya change of ownership effective July 27,2004 from Irwin S. Morse, M.D.,
Assignor, to David & Linda Shield, Assignee, the Assignor assigned to
Assignee all the Assignor's rights, title and interest in the original agreement.
3. Monthly rent payments shall be made payable to the Town Square Mall, and
send to Key West Mini Storage, 920 Virginia Street, Key West, FL 33040.
4. In consideration for such consent, the Assignee agrees to be bound by all the
~';1W(t conditions of the original agreement, as amended above to provide
,ft.,.~{.:..~~ to be made to the assignee.
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11 "A1TES'F;_ L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY~~C. ~")&~~
Deputy Clerk
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.r ayor/Chainnan
Witnesses:
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David & Linda Shield d/b/a Town Square Mall
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WItnesses: ~
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RECEIVED
NOV 2 9 2004
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RENEW AL AGREEMENT
(Office Space for Drug Court Counselor - Town Square Mall, Marathon)
This renewal of lease agreement is made and entered into this 19th day of November,
2003, between IRWIN S. MORSE, M.D. d/b/a TOWN SQUARE MALL hereinafter called the
Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, hereinafter called the Lessee, in order to renew the certain lease agreement dated
January 16, 2002, and as renewed on December 18, 2002, (copies of which are attached hereto
by reference) as follows:
I. In accordance with Section IV of the original Lease Agreement dated January 19, 2003,
the Agreement shall be renewed for the final of two one year options, commencing on
January 16,2004 and terminating on January 15,2005.
3. In all other respects, the original Lease Agreement dated January 16, 2002, and as
renewed on December 18, 2002, remains in full force and effect.
';'J~;;'-;:\:iJj. WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
, ,,'~~,:~<:~/"- <~:!ir,- s,(Wn", 'Otten above.
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<::.,.;~est.J)ANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
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Deput lerk
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LESSOR:
IRWIN S. MORSE, M.D. d/b/a TOWN
SQU~ MALL
By:~,\~ A ~ -n
Witness
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Title:
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RENRW AI. AGREEMFNJ
(Office Space for Drug Court Coumelor - TOWn Square Mall, MmalhonJ
This renewaJ of lease "81"_1 is made and entered into this 18'" day of December,
2002, ~ IRWIN S. MORSE. M.D. dIbIa TOWN SQUARE MALL hcR:ioatl.r colJed the
Lessor, and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTy,
FLORIDA, .....oina1ler called the Lessee, in onI... to renew the cetWn lease agIeement dated
January J61h 2002. (a COpy of which is attached hereto by reference) as follows:
I.
In accordance with Section IV of the <Jris;naI Lease A8reement daIed J......,.16. 2002,
the Aucement sball be IeIIewed fur the first of two one yea.- olllions. COIlllnaIcing on
January 16, 2003, and terminatiDB January 15.2004.
2
In aCCOIdance with the third sentence of Section n of the original Lease ~ ....,
shall be ina-eased by the CPI -U fur the most recent twelve mouths avaiIahle (2.0'/0), from
$6,300.00 8IlDlIaIly to $6.426.00 annually, or from $525.00 pel" month to $535.50 P<r
month.
3.
In all other respects. the original Lease Agreement daled January 16,2002 remai.... in full
force and effect.
By:
BOARD OF COUNTY COMMISSIONERs
OF MONROE COUNTY, FLORIDA
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Deputy Clerk APPl!OvEO AS TO f M
AND .LEGAl SUff
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Mayor/Cbainnan
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LEASE AGREEMENT
State of Florida
Cotmty of Monroe
This Lease Agreement entered into this I61h day of JanlWY. 2002, by and between IRWIN S.
MORSE, M.D. d/b/a TOWN SQUARE MALL, party of the ~ part hereinafter called the lessor and die
BOARD OF COUNTY COMMISSiONERS OF MONROE COUNTY, FLORIDA, par1;y oflhe SClXiad (lilt
hereinafter called the lessee.
WITNESSETH
That the lessor for and in consideration of the covenants and agreements hereinafter mentioned to be
kept and perfonned by the lessee has demised and leased to the lessee for the term and under the conditions
hereinafter set out those certain premises in Marathon, County of Mooroe, Florida described as follows:
LEASE LOCATION
Town Square Mall Unit #205, Marathon., Florida which shall constitute an aggregate area of apProximately
400 square feet of net rentable space at the rate of apProximately $15.75 per square foot per year, $525.00
per month, $6,300.00 per year.
II. RENTALS
The lessor hereby leases to the lessee 400 square feet and the lessee hereby leases from the lessor the above
described premises for the teon set out in this lease. Lessee hereby agrees to pay the lessor the sum of six
thousand three hundred dollars and no cents ($6,300.00) annually, five hundred twenty-five and no cents
($525.00) per month The lease amount agreed to herein might be adjusted annually in accordance with the
percentage change in the Consumer Price Index for all Ulnan consumers (CPI-U) for the most recent twelve
months available Increases in the contract amount during each option year period shall be extended into the
Succeeding years. Rent shall be due and payable on or before the last day of each month, in arrears.
TIle rental shall be paid to tlle lessor and mailed to Invin S. Morse, M.D. d/b/a Town Square Mall, 151 S.E.
15 Road, Floor Ten, Miami, FL 33129, prior to the last day of the month.
m. TERM
To have and to hold tlle above dcscn1>cd premises for a term of one (I) year commencing on the date of
execution by Dr. I n\'in S. Morse, or approval of the Monroe County BOCC, whichever is later.
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IV. RENEWAL J/}{,/o ~ _ ;//('/03
lllis agrCClllcnlll1;ty be rcncwed at the option of the lesscc for two (2) additional one (I) yc<u periods 1l1is
option shall he cxeclIlcd only upon approval of the Board of County Commissioners.
V AIR CONDITIONING AND JANITORIAL SERVICES
'1l1C kssor agrees to fiUllish to the lessee air conditioning equipment to be used during normal
busincss hOlliS, and shall ensure that same is operational and functional during the timc of Uris lease.
'111<: lessor hercm expressly agrees to he responsible for all costs associated with maintenance. and
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operation of the an condItioning system, including all electrical, mechanical components, coils,
condensers and refrigerants
2. The lessee shall provide janitorial services and all necessary janitorial supplies for the leased
premises during the term of the lease at the expense of the lessee.
VI. MAINTENANCE AND REPAIRS
1. The lessee shall provide for interior maintenance and repairs in accordance with generally
accepted good practices, including repainh'1g, the replacement ofwom or damaged floor covering
and repairs or replacement of interior equipment as may be necessmy due to normal usage. The
lessee sball during the term of the lease keep the interior of the demised premises in as good a state
of repair as it is at the time of the commencement of this lease reasonable wear and tear and
unavoidable casualties excepted.
2. The lessor shall maintain and keep in repair the exterior of the demised premises during thetenn of
this Lease and shall be responsible for the replacement of all windows broken or damaged in the
demised premises, except such breakage of damage caused to the exterior of the demised premises
by the lessee, its officers, agents or employees.
3. The lessor shall maintain the exterior of the demised premises so as to conform to all applicable
health and safety laws, ordinances and codes which are presently in effect and which may
subsequently be enacted during the term of this lease and any renewal periods.
4. The lessor shall provide appropriate entranceways to the structlJre to accommodate space allocation
for government entities occupying the space, inclusive of ingress and egress, at the expense of the
lessor.
VII UTILITIES
The lessor shall be fully responsible to provide and pay all utilities including solid waste, sewer, water and
electricity charges which may become payable during the term of the lease for solid waste disposal, sewer
disposal, water and electricity used by the lessee on the premises.
VIII AL TERA nONS
The lessee shall have the right to make any alterations to the demised premises during the term of the lease
upon first having obtained the '....ritten consent of the lessor. The lessor shall not capriciously withhold the
consent to any such alterations.
IX INJUR Y OR DAMAGE TO PROPERlY ON PREMISES
All pmpcr1y of any kind that may he Oll the premises during the continuance of this lease shall be at the sole
risk ofthc lessee and except f()I an)' negligence of the lessor, the lessor shall not bc liable to thc lessee or any
othcI pcrson fOf any injury, loss 01 damage to property or to any pcrson on the premises.
)( FIRE AND OTHER HAZARDS
In the event that the demised premises or the major p:ut thcrcof arc dcstmycd by fire, lightening,
storm or oOlcr casualty, the lessor at its oplion may forthwith repair tllC damage to such dcmised
premises at its OWIl cost and cxpense 'Ille rcntal tlICrc.~OIl shall cease until the completion of such
2
repairs and the lessor will inunediatcly refund the pro rata part of any rentals p3..ld in advance by the
lessee prior to such destruction. Should tile premises be only partly destroyed so that the major part
tllcrcof is usable by the lessee, then the renta.I shal1 abate to the ex1.ent that the injured or damaged
part bears to the whole of such premises and such injury or damage shall be restored by the lessor as
speedily as is practicable and upon the completion of such repairs, the full rental shall then continue
the balance of the term.
2. The lessor shall provide for fire protection during the term of this lease in accordance with
the fire safety standards of tile State and/or Monroe County Fire McJrshal. The lessor shall be
responsible for maintenance and repair of all fire protection equipment necessary to confunn to the
requirements of the State and/or Monroe County Fire Marshal. The J~r agrees 1hat the demised
premises shall be available for inspection by the State and/or County Fire Marshal, prior to
occupancy by the lessee, and at any reasonable time thereafter.
XI EXPIRA nON OF TERM
At the expiration of the term, the lessee will peaceable yield up to the lessor the demised premises in good
and tenantable repair. It is understood and agreed between the parties that the lessee shall have the right to
remove from the premises all personal property of the lessee and all fixtures, machinery, equipment,
appurtenances and appliances placed or instaIled on the premises by it, provided the lessee restores the
premises to as good a state of repair as they were prior to the removal.
XII SUBLEITING AND ASSIGNMENT
The lessee upon the obtaining of the written consent of the lessor, which consent shall not capriciously be
withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of
the demised premises.
xm NOT CONSENT TO SUE
TIle provisions, teons, or conditions of this leasc shall not be construed as a consent of Monroe County to be
sued becausc of said leasehold.
XIV WAIVER OF DEFAULTS
The waiver by the lessor of any breach of this lease by the lessee shall not be const:Ived as a waiver of any
subsequent breach of any duty or covenant imposed by this lease.
xv RIGHT OF LESSOR TO INSPECT
TI,e lessor at all reasonable times during regulcrr business hours may enter into and upon tllC demised
premises for tJle pUI]lOSC of vicwing tlle saJUe and for tJIC purpose of making any such repairs as they are
required to make under the tcmls of tllis lease. Rcpairs shall be limited to non-business hours unless an
emergency situation CXiSl'i
XVI BREACH OF COVENANT
[f the Ic:;~cc shall neglect Of (:111 to penonn or observc any covenant herein contained, which on tJlC lessee's
palt is to he pcr(()lll1cd and such default shall continllC for. a period of thirty days aftcr receipt of written
notice thelcof (iOlIl thc IcSSOI to the lesscc tllcn tJIC lessor lawfully may, immediately 01 any time tllcreaftcr,
and without (illthcr notice 0. dcmand cntcr into and upon tll(.~ dcmised Pl.cmiscs or any palt tllcreof and
3
repossess the same as of their former estate and expel the lessee and remove its effects forcefully if
necessary, 'without being taken or deemed to be guilt), of any manner of trespass and thereupon the demise
shall tenninate but without prejudlcc to any remedy which might otherwise be used by the lessor for arrears
of rent or for any breach of tbe lessee's covenants herein contained.
XVII ACKNOWLEDGEMENT OR ASSIGNMENT
The lessee upon the request of the lessor shall execute such acknowledgem~t or acknowledgments or any
assignment or assignments of rentals and profits made by the lessor to any third person, fino or corporation,
provided that the lessor will not make such request unless required to do so by the Mortgage under a
mortgage or mortgages, executed by the lessor.
xvm A V AaABILITY OF FUNDS
"The obligations of the lessee under this lease agreement are subject to the availability of funds lawfully
appropriated annually for its purposes by the Monroe County Board of County Commissioners.
XIX USE OF PREMISES
The lessee will not make or suffer any unlawfu~ improper or offensive use of the premises or any use of
occupancy thereof contrary to the Laws of the State of Florida or to such Ordinances of Monroe County now
in effect or hereafter adopted, as may be applicable to the lessee.
xx INSURANCE
1he lessee shall procure and maintain at its expense and throughout the term of this lease the inswancc or
self-ensure for all claims that the lessee can be held liable for under Section 768.28, Florida Statutes, and up
to the maximum amount set forth in that statute.
Notwithstanding anything to the contrary in this lease. Lessee waives all rights to recovery, claims or causes
of action against the lessor and its, attorney-in-fact, agents, trustees, executors and personal representatives
on account of any loss of damage which may OCCUr to the premises, the building, the property or any
improvements thereto or to any personal property of lessee to the extent such loss or damage is caused by a
peril which is required to be insured against by lessee under this lease, regardless of the cause or origin
(including negligence of lessor). Lessee covenants to the lessor that to the fullest e1dcnt permitted by law,
no insurer of lessee shall hold any right of subrogation against lessor. Lessee covenants to lessor that all
policies of insurance maintained by lessee respecting property damage shall permit such waiver of
subrogation, and lessee agrees to advise all of its insurers of the waiver and provide lessor with written
evidence of such waiver.
XXI NOTICES
All notices required to be served upon tJIC lessor shall be scr-ved by ccrtified mail, return receipt requested to
Irwin S Morsc, 1\1.D., d/b/a Towll Square Mall, 151 S E. 15 Road, Floor 10, Mi~uni, FL 33129, and all
notices ,equired to be served upon the lessee shall be scrvcd by celtified mail, return receipt ~r,:cqucstcd to the
Divi:;ioll of Public Works, Facilities Mallllcn:mce Department, 3583 S Roosevelt Doulevard, Key West, FL
33()40
4
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xxn RADON GAS NOTIFICA nON
Radon is a na1.urally occurring gas that when it has accumulated in a building in sufficient quantities, may
prescnt health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state
guidclincs have been found in buildings. Additional infonnation reganfing radon and radon testing may be
obtained from your County Public Health Unit.
XXIII LEASE TERMINATION
This lease may be tennin;lted by the lessee upon written sixty (60) days notice to the lessor 1hat the lessee
has obtained adequate office space in a governmental building.
XXlV ETHICS CLAUSE
Lessor warrants that it has not employed retained or otherwise had act on its behalf any former County
officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 I 0-1990 or any County officer
or employee in violation of Section 3 of ordinance No. 020-1990. For breach or violation of this provision
the lessee may. in its discretion, deduct. from the contract or purchase price or other wise recover the full
amount of any fee, commission, percentage, gift or consideration paid to the fonner County officer or
employee.
xxv AMERICAN WI1lI DISABn.nlES ACT
The lessor herein expressly agrees to maintain the subject premises in full compliance with the American
Disabilities Act. Further, the lessor shall be liable for any cost on expenditure associated with said
compliance. The lessor shall be fully responsible to restore all rest room &ciJ.ities to meet ADA
requirements at the expense of the lessor prior to occupancies.
XXVI PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract with a public entity for construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity. may not be awarded
or perform work as a conrractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business Witll any public entity in excess of the threshold amount provided in
Section 287.017 F.S. for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.(Cat.egory Two $10,000.00).
XXVII DEFINmON OF TERMS
Olllc tenns "lease" "lease agreemcnt" or "agTCcment" shall be inclusive of each othcr and shall also
include any rcnewals, cxtensions 01 modifications of this lease.
2. olllc term "lessOl-" and "lesscc" shall include the successors and assigns for tbe partieS"bcr<..1.o.
3. 111c singular shall include the plural and tllC plural shall include the singular whenever the
contc"-" so requires or permits
XXVIII ADDITIONAL CONDITIONS
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No additional covenants or conditions furm a part of this lease
IN WITNESS WHEREOF the parties hereto have hereunto executed this inst-nqnent for the pwpose
herein expressed the day and year above written.
ORIGINAL SIGNATIJRES REQUIRED ON ALL COPIES
Sign~ Sealed and Delivered
in the presence of:
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BOARD OF CO
MONROE CO
By:
COMMISSIONERS
RIDA
el of Monroe County, Florida
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08/04/2004 lED 10:08 FAX
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~ECEIVED
JUL 3 0 2004
;OURT ADMIN
Air Conditioned
Electronic Security
All Units Private
7-day Access
Town Square Mall
11400 Oversees Highway
Marathon F1: 33050
July 27. 2004
This IeUer is to infonn you that Town Square Mall is undc:'I' new ownership, etJedive July 27,
2004. The new owners are excited about the prospect of owning this property and having you as
tenants. My name is.Jimbo Mc~y, the J.(A""F' of Key West Mini StonIge, which is
oWDed by the same group. I will be 1umd1il1g Town Square Mall busiaess transactioDs through
my office in Key West, and wodcing with Dennis N"1XOIl, who will JaDain on . to handle
maint~ issues.
Our future goals include making some aesthetic Iepairs to the building and SUI'IOUndiDg areas.
All existiDg terms within your current lease will be upheld through the lease period. We expect
rent to be paid on the due date.
The new rent-paying pro<:cSS provides you the option of paying by cbcck or using IItMlnatic
monthly credit card paymeats.. Effective July 27. 2004 please make all ehecb payable to Town
Square Mall end mail tbcm to my Idta11ion at Key West Mini Stocage, 920 VqiDia Snet, Key
West, FL 33040. (Dermis Nixcm wiD DOt be authorized to eccept any tent cbecb aftertbis
effective date.) I have also eucloac:d an A1Jto1Mtie Credit Card AUthorization for the
convenience of proeessi"8 your JDODtbly rent 011 your CR:dit c:anL
We me looking fOJWanl to getting to know you 8S tr.nAnb:, If you have .Y quesboas n:gantiDg
the buildiDg or chanae in rem paymem pmc:ecbRs, please don't hesitate to caD me at Key West
Mini StoIage at 3OS-29S..()071.
920 vlrQ4'~ia Street Key West, FL 33040 (305) 295-0071 fax (305) 295-9910
Certificate Holder
TOWN SQUARE MALl
920 VIRGINIA STREET
KEY WEST FL 33040
Administrator
Issue Date 08I09I04
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 3~
COVERAGES
THIS IS TO CERT1FY THAT THE AGREEMENT BELOWHAS BEEN ISSUED TO THE DESIGNATED _ FOR THE COIIERAGE PERIOD INDICATED. NOTV<ITHSTANDIHGANY REOUlREMENT.
n;RM OR CONllfTlON OF ANY CONTRACT OR OlliER IlOCUIoENT WTH RESPECT TO WICH THIS CERTFlCATE MAY BE ISSUED OR MAY PERTAIN. THE COIIERAGE AFFORDED BY THE
AGREaoENT OESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS ANIlCONlllTlDNS OF SUCH AGREaoEHT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0386 I COVERAGE PERlOO: FROM 1lli1,m I COVERAGE PERIOD: TO 1lli1104 12:011W SlandaJd Tme
TYPE OF COVERAGE - LlABIUTY
General liability
181 Comprehensive General Liability. Bcxfily Injury, Property Damage and
PersonallnjUlY
181 EI10lS and Omissions Liability
181 Supplemental Employment Practice
181 Em~ Benefits Program Administration Liability
181 Medical AlIendants'lMecflC8l Directors' Malpractice Liabtlity
181 Broad Form Properly Damage
o Law Enforcement Liability
181 Underground. Explosion & CoUapse Hazard
UmIts CJl liability
. Combined Single limit
Deductible N1A
Automobile Liability
o AU owned Autos (private Passenger)
o AU owned Autos (Other than Private Passengeq
o Hied Autos
o Non-Owned Autos
Limits CJl liability
. Combined Single Limit
Deductible N1A
AutllmobilelEqulpment - Oeduc:tlble
1YPE OF COVERAGE - PROPERTY
o BuIldIngs
o Basic Form
o Special Form
o Personal Property
o Basic Form
o Special Form
o Agreed Amount
o 0eductibIe N1A
o Coinsurance N1A
o Blanket
o SpeciIic
o Replacement Cost
o Actual Cash Value
o~
o InIInd Marine
o Electronic Oala Pnlcessing
o Bond
o
Umlts of LIabIlity on FIle wlth AdmInlstnlllDr
1YPE OF COVERAGE - WORKERS' COIIP9ISATION
o Statutory WO/kers' Compensation
o ~ liability $1,000,000 Each Aatilnt
$1,000,000 By DiIIease
$1,ooo,oooAggI8gIIIe By DiIIease
o Deductllle N1A
o
Other
o Physical Damage N1A - Comprehensive - Auto N1A - CoIHsion - Auto N1A - Miscellaneous Eq~
. The fani! of liability is $5,000.000 (combined single limit) bodily InjUlY and/or property damage eacl1 oa:unence in IllllleSS of a self.insunld IIItenlion of
$ 100,000. This limit is solely for any liability resulting from entry of a clams bII pursuant to Section 768.28 (5) Florida Statules or IiabMy ~ JIllISU8nt
to Federal Law or actions outside the Slate of Florida.
Description CJl OperatlonslLocatIonsIVehIclesISpec:lalllerns
RE: Town Square Man.
DESIGNATED MEIIIBER
THIS CERTIFlCATE IS ISSUED AS A MATTER OF INRlRIIAlXIH ONLY AND CONFERS NO _ UPON THE CERTFlCATE IlOUER. 11llSCERT1flCATE DIlES NOT AMElIO. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEIIENT ABOVE.
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
1100 SIMONTON STREET
KEY WEST FL 33040
CAllCEU..A1llltlS
SHOUlD ANY PART OF THE AIlO\/E DESCRIBED AGREEMENT BE CANCEU..ED BEFORE THE
EXPIRATION Do\TE THEREOF. THE ISSUING COW'Nf'f WlL _WR TOMM.45 Do\YS
1MllTTEN NOTICE TO THE CERllFlCATE HOlDER NAMEDAIIOIIE, BUT FAILURE TO MAl.
SUCH NOTICE SIlAllIMPOSE NO 0IIUGA1ION OR LWIILIJY OF ANY ICINO UPON THE
_. ns AGENTS OR REPRESENTAllIIES.
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