5210 College Road
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AGREEMENT
This Agreement by and between Monroe County, a political subdivision of the State of
Florida ("County") whose address is 1100 Simonton Street, Key West, Florida 33040,
the City of Key West, a municipal corporation of the State of Florida ("City") whose
address is 525 Angela Street, Key West, Florida 33040 and Forbis Systems, Inc.,
Richard Forbis, Contractors & Richard Forbis, Inc. ("Forbis") whose address is 1876
Trade Center Way, Naples, Florida 34109
WITNESSEm:
WHEREAS, the 2005 Florida Hurricane Wilma Disaster destroyed many homes and has
displaced many residents from their houses and lodging in the City of Key West and
Monroe County; and
WHEREAS, Forbis is a subcontractor delivering mobile homes at the direction of the
Federal Emergency Management Agency ("FEMA") for residents in Monroe County;
and
WHEREAS, City owns property known as the Botanical Gardens ("Property") on Stock
Island which has an area that is undeveloped and available for a staging area for Forbis to
take delivery of the mobile homes and distribute them; and
WHEREAS, this property is located within Monroe County and FEMA requires Forbis to
receive permission from City and County to use the Property; and
WHEREAS, City and County desire that FEMA, through its subcontractor Forbis, deliver
temporary housing to the residents of Monroe County;
NOW, THEREFORE, the parties agree as follows:
1. EMPLOYER IDENTIFICATION NUMBER
The Employer Identification Number for FORBIS is 59.2303130.
2. PROPERTY ADDRESS
The address for the property is 5210 College Road. The real estate parcel
identification number for the Property is 00072080-001800.
3. USE OF PROPERTY
The parties shall meet and determine the exact portion of the property to be used.
County and City authorize Forbis as a subcontractor ofFEMA to operate a disaster
program recovery site on the Property for the distribution of mobile homes on behalf
of FEMA .
4. EFFECTIVE DATE AND TERM
This Agreement is effective upon the date of the execution by all parties. Forbis may
use the Property from the effective date until April 30, 2006, unless the distribution of
mobile homes ceases before that date, in which event Forbis shall vacate the premises.
5. MAINTENANCE AND SECURITY
Forbis shall maintain all aspects of the grounds used by Forbis and assure that it is and
remains an adequate workplace. Forbis agrees to keep the area clean and agrees not to
cause damage to the Property. Forbis agrees to restore the Property to its original
condition after vacating the Property. Forbis shall leave the Property in the same
condition as when Forbis arrived and shall remove all equipment, supplies, signage,
and waste material. Forbis shall be responsible for its own security and neither City
nor County shall be responsible for loss of, theft, vandalism, or damage to property of
Forbis.
6. UTILmES
Forbis shall be responsible for the cost of any utilities used or installed on the Property.
7. HOLD HARMLESS
Forbis covenants and agrees to indemnify and hold harmless County and City, their
commissioners, officers, employees, agents, servants and volunteers from any and all
claims for bodily injury (including death), personal injury, and property damage
(including property owned by County and City) and any other losses, damages, and
expenses, including attorney's fees and costs which arise out of, in connection with,
or by reason of Forbis use of the Property or services provided by Forbis or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful
act or omission of Forbis or its Subcontractors in any tier, their employees, agents or
servants.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. The provisions of this
section shall survive the expiration or earlier termination of this agreement.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
The above coverages shall be provided by a company or companies
authorized to transact business in the State of Florida and the company or
companies must maintain a minimum rating of A-VI, as assigned by the A.M.
Best Company.
12. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR COUNTY
Mr. Tom Willi
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CITY
Mr. Julio A vael
City Manager
525 Angela Street
Key West, FL 33040
FOR FORBIS
Milton Seda and Richard Forbis
1876 Trade Center way
Naples, Fl34109
13. GOVERNING LAWS. VENUE. INTERPRETATION. COSTS. FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County, City and Forbis
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
14. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County, City and corporate or individual action, as required by law.
15. COOPERATION
In the event any administrative or legal proceeding is instituted against any of the
parties relating to the formation, execution, performance, or breach of this
Agreement, County, City and Forbis agree to participate, to the extent required
by the other party, in all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County, City and Forbis specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
16. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County,City
and Forbis agree that neither the County, City nor Forbis or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this
Agreement.
17. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of County or City in his or
her individual capacity, and no member, officer, agent or employee of County or
City shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
18. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument any of the parties hereto may execute this Agreement by
signing any such counterpart.
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19. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience
of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this
Agreement.
ESS WHEREOF the parties hereto have executed this Agreement on the day
st written above in four (4) counterparts, each of which shall, without proof or
r the other counterparts, be deemed an original contract.
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~-~ Y L. KOLHAGE, CLERK
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Deputy Clerk
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Date:
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Title:
BOARD OF COVNTY COMMISSIONERS
OF MONRQE'tOUNTY,FLORIDA
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By:
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Date:
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MONROE COUNTY ATTORNEY
APPROV A~ TO FORM: