Item C25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/15/02
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease extension agreement with Hyatt & Hyatt for a parking lot at the Key West
International Airport.
ITEM BACKGROUND: Hyatt & Hyatt operates the Benihana Restaurant next to the Airport. They share a parking lot with
Public Works employees. Customers of Benihana use the lot at night and on weekends only.
PREVIOUS RELEVANT BOCC ACTION. Approval of lease agreement 4/16/97, approval of month to month tenancy
pending new agreement, 4/17/02.
CONTRACT/AGREEMENT CHANGES: Lease term extended 5 years, monthly rent reflects amount current rate.
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STAFF RECOMMENDATION: Approval
TOTAL COST:
None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER MONTH: $465.78
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
~
KEY WEST AIRPORT DIRECTOR APPROVAL
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
c~~
DISPOSITION:
/bev
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Hyatt & Hyatt
CONTRACT SUMMARY
Contract #
Effective Date: 4/16/02
Expiration Date: 4/15/07
Contract Purpose/Description: Lease extension agreement for parking lot on the Key West International
Airport.
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 5/15/02
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 5/1/02
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
Current Year Portion: N/A
Account Codes:
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airport Manager
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Risk Management
O.M.B./Purchasing
County Attorney
Comments:
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CONTRACT REVIEW
Changes
Needed
Yes No
Reviewer
Date Out
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crtt
"'-(. \ ~- r ~on
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;a:fte Robertson
:;t ~~~rker
Rob Wolfe
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LEASE EXTENSION AGREEMENT
PARKING LOT
HY A TT AND HYATT, INC.
THIS LEASE EXTENSION agreement is entered into by and between Monroe County, a political
subdivision of the State of Florida, hereafter Lessor, and HYATT AND HYATT, INC., a Florida corporation,
hereafter Lessee.
WHEREAS, on the 15th day of April, 1997, the parties entered into a lease agreement for parking
are at the Key West International Airport, hereafter original/ease. A copy of the original lease is attached
to this extension agreement and made a part of it; and
WHEREAS, the original agreement term ends on Apri/15, 2002, but the parties desire to extend the
original agreement term by 5 years; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree as
follows:
1. Paragraph 2 of the original agreement is amended to read:
2. Term. This Agreement is for a term of 5 years,
commencing on April 16, 2002 and expiring on April 15, 2007.
2. Paragraph 3 of the original agreement is amended to provide for rent in the amount of
$465.78 per month, plus the applicable Florida sales tax.
3. Except as set forth in paragraphs one and two of this lease extension agreement in all other
respects the terms and conditions of the original agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
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Mayor I Chairperson
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Witnesses
HY A TT AND HYATT, INC.
jdairHyattX
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PARKING LOT LEASE AGREEMENT
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THIS LEASE is made and entered into on this /# tldav6f-!1? t2 ( I-- .. 1997. by arjd
between Monroe County. a political subdivision 9f the State of Florida, hereafter "County" or
"Lessor", and Hyatt and Hyatt. Inc., hereafter "Hyatt" or "Tenant".
WHEREAS. County owns an airport known as the Key West International Airport. located in Key
West. Monroe County. Florida. hereafter referred to as the "Airport"; and
Benihana adjacent to airport property; and
WHEREAS. Hyatt is engaged in the business of operating restaurants called Martha's and
,
WHEREAS. Hyatt desires to obtain certain rights and privileges in connection with the use of the
airport facilities. and the County is willing to grant and lease the same to Hyatt on a non-exclusive
basis. upon the terms and conditions stated below;
NOW THEREFORE. for and in consideration of the mutual covenants and agreements contained
in this Lease. County does hereby lease unto Hyatt and Hyatt does hereby lease from County certain
premises and facilities, rights and privileges. as follows:
(1) The County leases to Hyatt and Hyatt leases from County. the premises on the corner of S.
Roosevelt Boulevard and Stickney Drive, measuring approximately 165 feet x 90 feet, as indicated on
the attached Exhibit A. which is attached and made a part of this lease. as an automobile parking
lot for the customers and employees of both restaurants evenings, weekends, and Holidays.
(2) The term of this Lease is five years, beginning on April 16 . 1992-. and ending
on Anril 15 .200L. the County reserves the right to cancel this lease upon ninety (9Q)
days written notice to Hyatt, and Hyatt may cancel the Lease on the same ninety (90) day wrftten
notice to the County.
(3) During the first year of the lease, Hyatt must pay to the County rent in the amount of $405.75
per month. plus the appliccble Florida sales tax, payable on or before the first of each month. For
the second year and for each year remaining in the term, the monthly rental payment will increase ~
by the following amount: the previous year's total annual rent multiplied by the percentage of
increase in the consumer price index for the previous year, divided by twelve.
(4) Hyatt. its agents. employees. customers. suppliers and patrons have the right of ingress and
egress to and from the leased premises. Ingress and egress/will not be unreasonably restricted by the
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County. "
"
(5) The premises leased under this Agreement may not be sublet. and this Lease may not be
assigned. without the written consent of the County.
(6) Hyatt is responsible for. and must maintain. the leased premises and. upon the termination
of this Lease, Hyatt must leave the premises in good condition, normal use and occupancy
excepted.
(7) Hyatt agrees to indemnify and save the County harmless from and against all claims and
actions and expenses incidental thereto. arising out of damages or claims for damages resulting
from the negligence of Hyatt. its agents. employees. invitees. suppliers and patrons in the use or
occupancy of the leased premises. or in the use of the common areas of the airport facilities. Hyatt
must also keep in force and effect the insurance required under Exhibit B of this Lease Agreement.
Exhibit B is attached to the Lease Agreement and made a part of it. The purchase of the insurance
required by Exhibit B does not vitiate Hyatt's indemnification and hold harmless obligations under this
paragraph 7.
(8) The failure of Hyatt to pay a rental installment when it becomes due. or any other charges
or fees that become due within ten (10) days after Hyatt receives a statement for such fees or
charges from the County. constitutes an act of default. The failure of Hyatt to perform any of the
other covenant of this Lease. which failure continues for a period of fifteen (15) days after notice of
the failure is given to Hyatt in writing by the County. also constitutes a default under the terms of this
Lease. In the event of any such default. the County may declare the Lease forfeited and may
immediately re-enter and take Possession of the leased premises and this Lease will terminate. The
County is entitled to reasonable attorney's fees. including at the appellate level. for the enforcemerii
of the terms of this Lease.
(9) In addition to the events listed above. the County may cancel this Lease Agreement by
giving Hyatt thirty (30) days advance written notice upon the happening of anyone of the following
events: the appointment of a receiver of Hyatt's assets; the divesting of Hyatt's lease hold estate by
operation of law: the abandonment by Hyatt of the restaurant businesses adjacent to the airport for
a period of thirty (30) days.
2
(10) The tenant tar himself, his personal representatives. successors in interest, and assigns" as a
part of the consideration hereof. does hereby covenCj1ht and agree that (1) no person 6n the
grounds of race, color, or national origin shall be excluded from participation in, denied the benefi~
of. or be otherwise subjected to discriminatiO'n in the use of said facilities, (2) that in 'the construction
of any improvements on; over or under such land and the fumishing of 'services thereon, no person
on the grounds of race. color or national origin shalf be excluded from participation in. denied the
benefits of. or be otherwise subjected to discrimination. (3) that the tenant shalf use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations. Department of Transportation, Subtitle A. Office of the Secretary, Part 21.
Nondiscrimination in Federally-assisted programs ,of the Department of Transportation _ Effectuation
of Title VI of the Civil Rights Act of 1964. and as said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport Owner
(the County) shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued. The provision shall not be effective until the procedures of Title 49, COde
of Federal Regulations. Part 21 are followed and completed inclUding exercise or expiration of
appeal rights.
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(11) It shall be a condition of this lease. that the lessor reserves unto, itself. its successors and
assigns for the use and benefit of the public. a right of flight for the passage of aircraft in the airspace
above the surface of the real property hereinafter described. together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft. now known or hereafter used. for
navigation of or flight in the said airspace. and for use of said airspace for landing on. taking off from
or operating on the airport.
That the Tenant expressly agrees for itself. its successors and assigns. to restrict the height of
structures. objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations. Part 77.
That the lessee expressly agrees for itself, its SUccessors and assigns. to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation 'Qr
maintenance of the Airport. or otherwise constitute an airport hazard.
(12) This lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner acquired the subject property
from the United States of America and shall be given only such effect as will not conflict or be
inconsistent with the terms and conditions contained in the lease of said lands from the Airport-
Owner. and any existing or subsequent amendments thereto, and are subject to any ordinances,
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to the Key West Airport.
IVIC:l VI ICYUIUIlVII:l wnlcn nave been. or may be hereafter adopted by the Airport Owner pertaining
,
,
"
(13) This Lease Agreement has been carefully reviewed by both the Hyatt and the County'.
,
Therefore. this Lease Agreement is not to be strictly construed against any party on the basis of
authorship.
(14) This Lease is governed by the laws of the State of Florida, or where applicable. the United
States. Venue for any litigation arising under this lease must be in a court of competent jurisdiction in
Monroe County. Florida.
(15) This Lease Agreement represents the parties' final and mutual understanding. It replaces
any earlier agreements or understandings. whether written or oral. This Lease Agreement cannot be
modified or replaced except by another signed Agreement.
. I~ ,\~r)(j~~. HEREOF. the parties hereto have caused this Lease to be executed as of the day
ancrY~'dr, ~t). ,e written.
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ATIEST: DA~~'L: KOLHAGE. CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MON Of. UNTY, FLORIDA
By .f:h(t~l II (' Ll(I/Jd Jl t:.)
Deputy Clerk
By
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ATIEST:
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MONROE COUNTY, FLORIDA
RISK ~AG~MENT
POLICY AND PROCEDURES
I
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
Cor
Airport/Aircraft Activities
Prior to the commencement of work governed by this COntract (including the pre-staging of
personnel and material), the Vendor shall obtain, at hislher OWn expense, insur:mce as specified
in the, altached schedules, which arc madc part _0 f th is con tracl. The Vendor wliI ensure that the
insurancc obtained will extend Protcction 10 all Contractors engaged by the Vendor.
The Vendor will not be permiucd to commence work govcrncd by this contract (including pre-
stag i n g 0 f personnel and materia I) un I if sa lis f ac lor)' ev i de nce 0 f the req ui red insurance has been
furnished to the County as speci tied helow
The Vendor shall maintain the rcquircd IIlSurancc throughout the entire teml ofthis contract and
any extensions spccified in any aUach,'d ,chcdub. Failure to comply with this provision may
resull in the imtilcdiate suspension or all activilic, conducled hy the Vendor and its Contractors
until thc rcquircd insuranccJlils becn rcill~tated or replaced.
TIle V cndor sha II pro v ide, lot he Co uo 11', 'IS 5<11 is ro,C lor)' e vi de nce 0 f the req uired insurance,
eithcr:
· Certificatc of Insurance
or
· A Certified copy of the actual insurancc policy.
The County, at its sole option, has the right 10 req.lIest a cortined copy of any or all insurance
policies required by this contract .__
All insurance policies mUst specify that they are not subject to cancellation, "on-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer. ~
The acceptance and/or approval or the Vendo,s insurance shall not be construed as relieving the
Vendor from any liahility or ohligalim, assumcd under Ihis contract or imposed by law.
The Monroe COUnty Board of Co un')' Commissioncrs, its cmployees and officials will be
included as "Addi'ionallnsured" on all policies, except ror Workers' Compensation.
An)' deviations from these Generallnsunll1ce Requirements must be requested in "!Citing on the
County prepared form entilled "Request for Waiver or Insurance Requirements" and
approved by Monroe County Risk Managcmcl1l.
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
I' FOR .
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
15'96 Edition
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
includa~ as a minimum: j ,
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liahility
· Expanded Definition of Property Damage
The minimum li.mits acceptablc shall he:
$300,000 CombinccWiinglc Limit (CSt)
If split limits arc providcd, thc minimum limits acccptable shall be:
$100,000 pcr Person
$300,000 pcr Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisi ons shou I d incl ude co verage for clai ms fiI cd on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. _."
GLI
Admini"I"'I" ,,, I "..1 It"., 11111
1111 70e} l
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MONROE COUNTYMONROE; COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
.CONTRACI' ADMINISTRATION
MANUAL
.,
Indemnification and Hold Harmless
Cor Airport! Aircraft Activities
The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners 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,
damagti), and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the Vendor or any of its Contractors, occasioned by the
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
emp.loyees, or agents.
The extent ofliability is in no way limited 10, reduced, or lessened by the insurance requirements
contained elsewhere within this agreemenl. .
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