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Item I2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: JUNE 14/15,2000 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: NO TIME APPROX. IF POSSIBLE DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: DISCUSSION AND CONSIDERATION OF A REQUEST FROM TILDEN AND SALLY BILLITER DBA. AVIATORS' SNACK BAR, TO HAVE MONROE COUNTY BUY OUT THEIR LEASE AT THE FLORIDA KEYS MARATHON AIRPORT. ITEM BACKGROUND: WE RECENTLY RECEIVED THE ATTACHED LETTER ASKING THAT THE COUNTY BUY THEM OUT. PREVIOUS RELEVANT BOCC ACTION: LEASE APPROVED 9/17/97. LEASE AMENDED TO CORRECT SCRIVENER'S ERROR 6/25/98. STAFF RECOMMENDATION: THIS LEASE WAS DRAFTED IN 1997 WHEN THE AIRPORT WAS CARRYING 73,000 PASSENGERS ANNUALLY. IN ANTICIPATION OF EVEN FURTHER GROWTH, AND TO INDUCE AN OPERATOR TO ESTABLISH A FOOD SERVICE FACILITY IN THE TERMINAL, THE COUNTY PLEDGED $100,000 IN LEASEHOLD IMPROVEMENTS TO THE LESSORS, THE BILLlTERS. BY THE TIME THE FIRST PHASE OF THE OPERATION (THE SNACK BAR) WAS COMPLETE IN 1998, WE WERE DOWN TO ONE AIRLINE AND HALF THE NUMBER OF PASSENGERS. SO FAR, THE COUNTY'S CASH OUTLAY TOWARD THE $100,000 HAS ONLY BEEN $7500. NEGOTIATION WITH THE LESSORS TO BUY OUT THE LEASE MAY BE AN OPPORTUNITY FOR BOTH PARTIES TO MINIMIZE THEIR LOSSES. TOTAL COST: UNKNOWN BUDGETED: NO COST TO COUNTY: UNKNOWN REVENUE PRODUCING: NO AMOUNT PER MONTHIYEAR: NJA APPROVED BY: County Attorney OMB/Purchasing Risk Management DIRECTOR APPROVAL L~ DOCUMENTATION: Included To Follow Not Required AGENDA ITEM # I,r~ DISPOSITION: M~~ 02 00 12:20p Tilden~s Scuba Center 1(305) 743-9633 1111."'__ ... F1ar1da ~ ....:1..., ~ . u.,4tlQli, Fl 33D5O. USA Phane__ 1tJ2Q. Fill"'. .. May~ 2000 Dear Sin or MMiams; After SCft'a'IJ yaus of tile airport baWl. no fbod ar.....e scmce, in 1997. 'Wlleptimd a 15 yell' lease with dac Boercl ofCGunty C-'-.iooIers and the MBr.thCII Airport maapnaerlt to Clt-A a sa8d: bar, nst.IWMt ancllounge within the actual airport &c:ility. WitbiD our 1--. we beft tile ripa to the .. .. pramtly oecupy. th~ lobby' and the upstairs ana, IpplNr-ay 1700 IIqUIIrC __ Shortly at. we ~ US Airlines lea the taminalllld Americm EasIe rw4_1Ced the number fI daily f1ipts. lD soad faith. tbr the remainda of 1991 unti11he tn---l, - cantinued to OlMatliJ at. 1051 ja onIa' to tuppoft die ai.,.xt aad ill ...... while beiq ISSUI'Cld that the aitpart IDaIUIpII1f1lt wu anety ~I md m.m.1 wi1h DfIW airliD. to "p-_ this ~CD. ID Decemfa' 1999. W8 RqUClllal relcae or. pardaD otwr....t maney, (allaued to UI by cU J!AA fir bWldiPg ilDpnwcDam), to srart pbuetwo ofwr CMn1I pla wbich MS to build. bIr ill the lobby IIrCL Our pllll was to pull fnD. the ouraide COIIIII'ImWy aad leam our loss. u Americ:m Eqlc ~ QDCeI"'IJicIus..d. Wt merely CDded up payiq sadf'to sit ID4 listCZl to angry 1I'ImIers. We..en baically tumed cIawa, MIviIeicl by Perer HortcIIlancl Theresa Cook tUt the airpurt IWIDbas were down aad dropping. At dE time _ wa'C sma 1heir permissim to scJJ our mta'eICI md _listed it with Bna:e SduDidt at CcJd1vel1 BInkcn Real E-. They immediat2ly provided us wich ~l cpHI1ifiw bIIym tb8t 1IIIIft wry Lr~ Coueqamtly, hefin .. could .u it, Amcriam ennCJUllCCd it waslavilla aad with the bad press the SII8Ct .... ad lOUDP l'ClC.'l8iwd ,..1051 our ~es IUd our CIIlployMs. Currmtly, .... "1~Y requestin, that me CiOUDty buy lIS aut. W. haft aD inWlllllct of two aDd GIIC half)'Cll'S of both time 8Dd DlCIDey aDd are nol walling to simply sift it away ell' walk away MId taU our losse: which were tIlroaRh DO fmIt at our own. The !oIlowIDg NOt willlbow1be eaICS UIOCiat.ed with aur ..ct bar an bopc:ful1y, )'aU all will seriously CIOIUIider our teqUeIt CII' aivc us YOdI' bleaiug and allow us 10 move abead with our plaas. Post-ir Fax Note 7671 .' To i.. ('" " co. .. " PhoN . Phone . '. 11 ' Fa. 35 Fa. .---- ~;;. ~~ 1'Ddm & Sally BiUiw Ma~ 02 00 12:20p Tilden's Scuba Ce"~.~ 1(305) archtcdUral drawings for bar wndinS madUne _~tiOll fees ficrious IUllDC pwmics fax mldrlne ctlIIlUer tops .c duct licca.se fie coadiment counter' aslepbCllle table IDCl cbairs bar stool l&iform chins sip- 1:11" sip mell leIh:riDa lia:mes '*Ill resister sofl preQel machiue hat dog machine ct. wmm. pgpcom m.miue lrill l:'OCk pot two 60--.. beer cooler -.ndwich prep table twu coffee madliDes mi~ touter blender puay display candy c:auntcr bar tixIutes youth chair fuip mat cutlery .....& smnae ClDDmmars d:uw WIllIe ~.cles clOUlinl equipmaat invcatary left OYer appraximllely 5500.00 taUl22,104.00 A VlAnORS' SNACK BAR 3S00.00 4000.00 IS0.oo so.oo 150.00 'D.7.11 2$0.00 107.50 141.50 729.10 247.91 161.97 200.00 300.00 2SOO.oo 75.00 750.00 90.00 300.00 615.00 600.00 650.00 80.00 25.00 100.00 1200.00 1595.00 100.00 400.00 50.00 so.oo 147.59 95.00 300.00 41.00 150.00 50.00 25.00 2.5.00 390.00 200.00 Mr Billiter, Thank: you for your letter of April 24th, 2000 to Peter Horton. he has asked that I respond to the letter. I spoke with Mr. Horton and reviewed the notes from the December 16th, 1999 meeting 'between yourself, your wife SaJly Billiter, Mr. Horton and myself. Our understanding was that you would coordinate:: the:: snack bar closings with the aiIport management yet, in the past few weeks you have been closed weekdays and only open on the weekends, during what is considered the peak season for air traffic at Marathon aitport. American Eagle has been providing the same service in the months January through April of this year as they provided in January through April of 1999, yet the Aviator Snack Bar has not provided continuous service to the patrons of the airport. Additionally, vending machines placed in the lobby of the airport in unleased areas are either out of order or four out offive:: of the selections are empty, with the snack bar closed this leaves no choices for the airport patrons. The machines should to be removed if they are not going to be maintained on a regular basis. On May 1st, Vintage Props and Jets will be providing air service twice daily to Ft. Lauderdale and arriving from Ft Lauderdale three times daily. These patrons should have food and drink service available. As the manager of the aitport it is my responsibility to ensure that the best possible service is being provided to our patrons. I recall during the aforementioned meeting we discussed that if the snack bar is dosed for more than seven (7) consecutive days it is in violation ofyout lease agreement. We also discussed allowing you to close for longer durations but. to allow any change to your lease agreement it would have to be approved by the Monroe County, Board of County Commissioners. If you would like to have a request presented to the Board of County Commisioners, please contact Mr. Horton or myself. Additionally if you would like to set up a meeting to discuss this matter please conlact either one of us. k.tt;tlV[U . -- 1 AMENDMENT TO LEASE FOR SNACK BAR, RESTAURANT i I AUG 3 I 1998 I AND LOUNGE AT THE MARATHON AIRPORT I L 1 AIRPORTS This amendment to a lease agreement dated September 17, 1997, is aut; and entered I I I I I I ! into by Monroe County, a political subdivision of the State of Florida, hereafter COUNTY or Lessor, and KENTIL FOODS, INC., d/b/a AVIATORS RESTAURANT & LOUNGE, hereafter Lessee or Tenant. Whereas, due to scriveners error in paragraph 5 of the agreement dated September 17, 1997, an effective date and termination date for the lease agreement was not recorded. The Lessor, Monroe County. and the Lessee, Kentil Foods, Inc., therefore do hereby agree that. per paragraph 5, the lease agreement will take effect on the 17 th day of September. 1997, and will terminate on the 16 th day of September, 2002. Except as specifically provided in this amendment to the airport lease agreement. the terms, conditions. obligation and duties of the original agreement remain in full force and effect. IN WITNESS WHEREOF, each party has caused this agreement to be executed by a ,.< ."~ia~ill1Q[ized representative. ''-Y"~;\./:' >...... '". 1',..- -~ ''> "." . i ... J {..'.~\ ~ . J~,' :?, ,.\ \. :..) ,,\ .... ' ""'J,.,.. \ ,.., 'l 1 .)i~'t:~''''!tIt". ;.', ....,', :,) ~~\~~~; 'lNNY L, KOLHAGE, CLERK ...,...-..~....<'('.... BOARD OF COUNTY COMMISSIONERS OF MONROE CO NTY, FLORIDA Mayor/Chairman By; ~l~~- Date: ~ \~9.~ By: KENTIL FOODS, INC., D/B/A AVIATORS RESTAURANT & LOUNGE APPROVED AS TO FORM A~l SU'~~r , . BY~~~~ RO!iU, r-i WOUf-:- . " - (-. 2 -:, /-- t':::::- :::C' 0" Tt : . - -.' C-H' -. 7~..: By ~ /VL/ D"tc~.0r LEASE FOR SNACK BAR. RESTAURANT AND LOUNGE AT THE MARATHON AIRPORT This lease agreement is made and entered into by Monroe County. a political subdivision of the Stat~ of Florida. hereafter COUNTY or Lessor. and KENTIL FOODS. INC.. d/b/a AVIATORS RESTAURANT & LOUNGE. hereafter Lessee or Tenant. WHEREAS. the Lessor is the owner of the Marathon Airport. hereafter AIRPORT. that has space available for a snack bar. restaurant and lounge: and WHEREAS. the Lessor desires to enter into a lease agreement with the Lessee for the operation of a snack bar. restaurant and lounge at the Airport: and WHEREAS. the Lessee desires to enter into such a lease and represents to the Lessor that it is qualified to operate an airport snack bar. restaurant and lounge and has the financial resources to undertake such an operation: now. therefore. The parties agree as follows: 1. The Lessor leases to Lessee the Airport area shown on Exhibits A I and A2. hereafter the premises. for use as a snack shop, restaurant and lounge. hereafter occasionally referred to as the operation. Exhibits A I and A2 are attached to this agreement and incorporated by reference. 2. The Lessee is also authorized to sell alcoholic beverages on the premises under the special airport license issued to the Lessor's Board of County Commissioners under Chapter 561. F.S: The Lessee understands that the special airport license will remain in the name of the Lessor's Board of County Commissioners. and has not been sold to him. or otherwise transferred to him. but only that he is authorized to sell alcoholic beverages under the license because of his status as the County's Lessee. 3. The Lessee also provide on the premises services normally furnished by a restaurant. snack bar and lounge. including the sale of restaurant logo T-shirts. hats. cold drink huggies. and related logo items. However. the only form of entertainment permitted is a tape/CO sound system or television. Other forms of entertainment may be permitted with the written consent of the Airport Manager. No' sound source may be permitted that is so loud that it interferes with normal conversation in the main ticketing area or disturbs the patrons or staff in that area. 4. (a) The lessee must comply with all the applicable requirements of the statutes. rules, ordinances and orc;jers of the federal and state governments and the County either in effect on the effective date of this lease or adopted later. (b) The lessee. its employees, agents, suppliers of materials or services and customers have the right of egress and ingress from the premises without any charge. including any parking charges. Nothing in this subparagraph constitutes a limitation on the lessor's ability to impose fees on any ground transportation services serving the Airport. 5. This lease agreement will take effect on the day of , 1997, and will terminate on the day of , 2002. unless terminated earlier under another paragraph of this agreement. This lease is renewable for two additional five-year terms at the option of the lessee. To exercise its option, the lessee must notify the lessor of its intent to renew in writing 30 days or more before the end of the expiring lease term. 6. (a) lessee must pay the lessor as rent 10% of the aross oroceeds of the operation for each calendar month. The rent payment is due by the 15th day of the month that follows the month for which the rent is due. The lessee must also pay the lessor. by the date just described. $250 per month for utilities for the upstairs portion of the premises and $250 per month for the downstairs portion. lessor will furnish the premises with backLup generator service should the FKEC electric service fail. In the situation where both FKEC power and the back-up generator fail. the lessor is not responsible or liable for any spoilage of refrigerated or frozen food items. (b) No rent or utility payments are due under this agreement until the downstairs portion of the operation is open for business. If the operation opens on a date other than the first of the month. then the rent and utility charge will be prorated as a percentage that the number of days in the month that the operation was in business represents to the month as a whole. (c) lessee must open the downstairs portion of the operation for business within one year of the effective date of this agreement. (d) The utility charges will be increased each year by a percentage equal to the - percentage of the increase in the consumer price index (Miami/Ft. lauderdale area) for the previous 2 year. The increase will take effect on the anniversary month of the month when the operation or portion of the operation opened for business. , generally accepted accounting principles. Those records are open to inspection by agents or (e) The Lessee must maintain the financial records relative to the operation on employees of the Lessor at any time during regular business hours (M-F 9AM to 5PM. excluding holidays). An annual operating statement prepared by a c.P.A. must be provided to the Lessor on or before February 28 of the following year. (fJ The Lessee must pay all assessments, taxes. including sales taxes. levied by any governmental body with the power to impose assessments or taxes. The lessee must provide the Airport Manager with the sales tax records for each year on or before February 28 of the following year. (gJ The Lessor will provide the "tenant finish," with a total cost not to exceed $100.000. for both premises. Tenant finish includes: (i) walls. including the construction and any paint or wallpapering: (ii) floors. including carpet and pads or linoleum: (iii) ceiling and drop ceiling, including lighting and AC ducts: (iv) bar and the back bar. plumed or permanently attached: (v) booths that are permanently attached: (vi) kitchen exhaust fans that are permanently attached. Although the Lessee may provide suggestions and requests regarding the improvements and fixtures described in subparagraphs (g)(i)-(vi). the final decision regarding those items is with the lessor's architect. The Lessee must provide all other items and equipment needed for the operation including. but not limited to: tables. chairs. kitchen equipment. grease traps. and refrigeration units. All the improvements and equipment described in subparagraph (v)(iJ-(vi) are and remain the property of the Lessor. The Lessee must not permit. allow or cause a lien or other encumbrance to be placed on any improvement or fixture described in subparagraph (g)(i)-(vi). lessee's items and equipment must be removed from the premises when this lease terminates. (h) If the Lessee fails to pay any rents or charges due under this lease within 15 days after the Lessor notifies the Lessee in writing that the rent or charge is overdue. ttlen the Lessor 3 may, in its discretion . either immediately or later. re-enter the premises and repossess the premises and expel the Lessee and any persons claiming the premises by or through the Lessee. and remove any of the Lessee's effects without being guilty of trespass and without prejudice or waiver to any other available remedy the Lessor might have for the recovery of the rent or charges due from the Lessee. Upon the Lessor's re-entry. this lease will terminate. However. the Lessee's obligation to pay the rent or charges due will survive the termination. Overdue rent and charges will accrue interest beginning on the 16th day after the Lessee was notified in writing by the Lessor that the rent or charges were overdue. The interest rate will be that established by the Comptroller under Sec. 55.03. F.S.. for the year in which the rent or charge first became overdue. 7. The Lessee agrees to furnish good. prompt and efficient service to meet all demands for snack bar. restaurant and lounge :;ervice at the Airport. The operation must be open for service 365 days per year from 30 minutes prior Hirst flight out until 30 minutes past last flight arrival: 'on a seasonal basis (except for the sale of alcoholic beverages which may only be sold during hours when their sale is permitted by County Ordinance). The hours can be revised by mutual consent. 8. (aJ The Lessor must operate. maintain and keep in good repair the Airport. Terminal Building. and the Airport parking lots. The Lessor is not required to perform maintenance and make repairs to the Airport, Terminal Building ot parking lot caused by negligence of Lessee. its employees. or customers. If that happens. then it is the responsibility of the Lessee to make the repairs although, at the Lessor's option, the Lessor may perform the maintenance or repairs and charge the reasonable cost to Lessee. The Lessor may also abandon facilities that are no longer reasonably justified for the proper and adequate operation of the Airport. 9. (a) The Lessee must provide an adequate number of covered metal waste containers at suitable locations. and must deposit all premises generated trash and waste in those containers for proper disposition of the waste at the place designated by the Lessor. (bJ No signs, on premises advertising, or awnings may be erected by the Lessee on the premises o~ elsewhere at the Airport, unless they are approved by the Airport Manager in writing. 4 No exterior architectural changes may be made without the consent in writing of the Lessor's Airport Manager. whose consent will not be unreasonably withheld. , breaking or entering into the premises. or by an attempt to break or enter the premises. the Lessee Ic) If any part of the premises exterior or interior is injured or damaged by any must promptly make all the necessary repairs at his expense to restore the premises to the condition immediately prior to the breaking or entering or the attempt to break or enter. equipment and fixtures on the premises such as (but not limited to) plumbing. lighting. carpeting, Id) The Lessee is responsible for the maintenance of the premises. including the planters. bars. seating. stoves. refrigeration equipment electric wiring and fixtures. doors. and walls. The Lessee must at his own cost. make the repairs needed to preserve them in good condition. The repairs must equal or exceeds the quality of the original work. However. the Lessor must maintain t~e . . premise air conditioning at its expense. The Lessee must also provide pest control for the premises '?t own expense. 10. The Lessor does not make any representations or warranties regarding the premises beyond those set forth in this agreement. The taking of possession of the premises by the Lessee is conclusive evidence that the premises and the Terminal Building were in good and satisfactory condition when the Lessee took possession. In no event will the Lessor be liable for any building construction defects whether in the premises or elsewhere the in Terminal Building. 11. In the event the premises are partially damaged by fire. explosion. the elements, the public enemy or other casualty. but not rendered untenantable. then the premises will be repaired with due diligence by Lessor at the lessor's cost and expense. If the damage is so extensive that the premises are rendered untenantable but capable of being repaired within 30 days. then the premises will be repaired with due diligence by Lessor at the Lessor's cost and expense. The rent payable under this lease will be waived until the premises are fully restored. If the premises are completely destroyed or so damaged that the premises will be untenantable for more than 30 days. the Lessor is under no obligation to repair and reconstruct the premises. and the rent must be paid only up to the time of the damage or destruction and then the obligation to pay rent ceases 5 until the premises are fully restored. If within 30 days after the damage or destruction the Lessor fails to notify Lessee of the Lessor's intention to repair or reconstruct the damaged or destroyed premises. , 'ntention to then cancel this agreement. or to furnish a substantially equivalent facility, then the Lessee may give Lessor written notice of its 12. The Lessor may cancel this agreement when. after giving the Lessee 30 days written notice that an act of default has occurred. the Lessee fails or cannot cure the following: (a) The appointment of a receiver of the Lessee's assets. (b) The divestiture of the Lessee's interest in the lease by court order or other operation of law. (c) The Lessee's abandonment of the operation. Failure to open the operation and keep it open durir.g the business hours described in this agreement. for seven (7) consecutive days is abandonment. (d) The failure of the Lessee to timely perform the other obligations required of it under this agreement. No waiver of default by the Lessor of any of the obligations required of the Lessee under this agreement may be construed as a waiver of any subsequent default of any of the obligations that are required to be performed. kept at observed by the Lessee. The Lessor's waiver of an act of default by the Lessee is not a waiver of the right of the Lessor to later cancel this agreement because of the Lessee's failure to subsequently perform an obligation or obligations under this lease agreement. 13. If the Lessee is not in default of its obligation to pay the rent and the charges, then the Lessee may cancel this agreement when, after giving the Lessor 30 days written notice of an act of default, the Lessor fails or cannot cure any of the following: (a) The issue of a court order enjoining or in any way restraining the use of the Airport for Airport purposes if the order remains in effect for a periOd of at least 90 days. 6 (b) The inability of the lessee to use for 90 days or more the premises or the Airport because of a fire. explosion or other casualty or disaster. provided that the casualty event was not caused by negligent or intentional act(s) of the Lessee. lc) The failure of the lessor to timely perform the obligations required of it under this lease agreement. (d) The assumption by the United States Government or any authorized governmental agency of the operation control or use of the Airport and facilities. or any substantial part or parts. in a manner that substantially restricts Lessee for a period of at least 90 days. from conducting the operation. The Lessee's performance of obligations this agreement when the Lessor is in default is not a waiver by the Lessee to later terminate this agreement because of a subsequent failure t:>y Lessor to pcrform its obligations. 14. (a) Before entering the premises. the Lessee must obtain insurance in the amounts and according to the conditions described in Exhibit B. Exhibit B is attached and made a part of this agreement. (b) The Lessee must keep in full force and effect the insurance described in Exhibit B during the term of this agreement. If the insurance policies originally purchased that meet the requirements of Exhibit B are canceled. terminated or reduced in coverage. then the Lessee must immediately substitute complying policies so that no gap in coverage occurs. (c) The insurance required of the Lessee in this paragraph is for the protection of the County. its property and employees. and the general public. The insurance requirement is not. however. for the protection of any specific member of the general public who might be injured because of an act or omission of the Lessee. The insurance requirements of this paragraph do not make any specific injured member of the general public a third party beneficiary under this agreement. Therefore. any failure by the County to enforce this paragraph. or evict the Lessee from the Airport if the Lessee becomes uninsured or underinsured. is not the breach of any duty or :. 7 obligation owned to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents. or estate or heirs. , Lessor may treat the Lessee in default jf the Lessee. after entering the premises but before beginning (d) Notwithstanding anything set forth in paragraph 12 of this agreement. the its operation, does not have the insurance required by subparagraph 14(a) and Exhibit B. Before the County may terminate the agreement in this situation. the County must give the Lessee a written notice of the default stating that. if the required insurance is not obtained within ten (IDl days of the Lessee's receipt of notice. then the County will cancel this agreement. The County may treat the Lessee in default and cancel this agreement if the Lessee. after starting the operation. fails to keep in full force and effect the insurance required by subparagraph 14(a) and Exhibit B. Before treating the Lessee in default and terminating the agreement in this situation. the County need only provide the Lessee 24-hour notice by FAX or overnight courier. The County may. but need not. provide lessee with an opportunity to cure the default. 15. The Lessee is liable for and must fully defend. release. discharge. indemnify and hold harmless the County, the members of the County Commission. County officers and employees. and County agents and contractors. from and against any and all claims, demands. causes of action. losses. costs and expenses of whatever type -- including investigation and witness costs and expenses and attorney's fees and costs - that arise ou t of or are attributable to the Lessee' s operations at the premises or use or the Airport site. excluding those claims. demands. damages. liabilities. actions. causes of action. losses. costs and expenses that are the result of the sole negligence of the County. The Lessee's purchase of the insurance required in paragraph 14(a} and Exhibit B does not release or vitiate its obligations under this paragraph. 16. The Tenant for himself. his personal representatives. successors in interest. and assigns. as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race. color. or national origin shall be excluded from participation in. denied the benefits of. or be otherwise subjected to discrimination in the use of said facilities. (2) that in the construction . of any improvements on, over or under such land and the furnishing of services thereon. no person 8 on the grounds of race, color. or national origin shall be excluded from participation in. denied the benefits of or be otherwise subjected to discrimination, (3) that the Tenant shall 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. 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. 17. This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under the Airport Owner acquired and 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. rules or regulations which have been. or may hereafter be adopted by the Airport Owner pertaining to the Marathon Airport. 18. Notwithstanding anything herein contained that may be. or appear to be. to the contrary. it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right tC' grant similar privileges to another Lessee or other Lessees on other parts of the Airport. 19. At the end of this agreement (or any renewal). the Lessee's right to the premises. the use of Airport facilities. the alcoholic beverage license. and any other right or privilege granted under this agreement ceases. The fixtures and equipment that are attached to the real estate now become the p~operty of the Lessor. All other equipment. improvements. furnishings and other property of the Lessee at the premises are personal to the Lessee and remain the property of the 9 Lessee and must be removed by him. The Lessee must also restore the premise to its original condition. ordinary wear and tear and damage by causes beyond the control of the Lessee excepted. 20: Lessor may enter upon the premises at any reasonable time. with advance notice. for any purpose connected with the performance of the Lessor's obligations under this agreement or in the exercise of its governmental functions. 21. The Lessee may not assign this agreement. or any part of it. or sublease the premises. or any portion of the premises. without the written approval of the Lessor. The change of the Lessee's status from an individual to a partnership or corporation is an assignment under this paragraph requiring the Lessor's approval. if the Lessee is approved to do business in the corporate form. any assignment of a controlling interest in the corporat,= stock is also an assignment under this paragraph that requires the Lessor's approval. All the obligations of this agreement will extend to the legal representatives. successors and assigns of the Lessee and lessor. 22. This agreement is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this agreement must be in Monroe County. Florida. In the event of any litigation. the prevailing party is entitled to a reasonable fair market value attorney fees and costs. 23. This agreement has been carefully reviewed by the Lessee and the Lessor. Therefore. this agreement is not to be construed against any party on the basis of authorship. 24. Notices to the Lessor provided for in this agreement. unless otherwise specified. must be sent by certified to: Marathon Airport Manager 9400 Overseas Highway Marathon. Florida 33050 Notices to the Lessee provided for in this agreement. unless otherwise specified. must be sent by certified mail to: Kentil Foods. Inc. d/b/a Aviators Restaurant & Lounge 1010 95th Street Ocean Marathon. Florida 33050 10 25. This agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings. whether written O/" oral. This agreement cannot be modified or replaced except by another written and signed agreement. IN' WITNESS WHEREOF, each party has caused this agreement to be executed by a duly By By authorized representative. (SEAL) ATTEST: DANNY l. KOlHAGE. Cl ATTEST: KENTlL FOODS. INC. d/b/a AVIATORS RESTAURANT & LOUNGE By B~~ if-W-.. Title: pcons/snockbor.doc 11 EXHI BITS A - 1 & A - 2 .... .Lln r . ./ '. , . "":1 .. -' t:t>e. I . --;.--- ~r:lf:i2L: . ::i /- ..1 :.....~}<a. <, ..:,<""""i..J I II ....'1., n :...... ..", . .:. . .( . . . "I FXHT InT I , I I. ! <'<\ I I I I j I II ill I !! i " I . ~r. r~~ \: AJ05J~. '-.:..:/ . r W ( T . A 0 C OL . - ,/," ~~- ---,., . :-. .' \ I .1\ X603i : / /. I r . . . "'-,..7 I "-7 J v Y-~ / /1 J.I7. :--:-:-. . --:--:-:- . . . ~. '. -... =Jw . J ."T. I . I . 1'/ . \. IJ.il . I I . .~ . . .. I' fJ.J ~ .J@ :5-rGA"'mt~.... '~f(;+'" . i-..J2'''n( ~"!-J 'fT;'-!": f'f'f'f '""j"'f;;-j " ~:'I:-'I"'!"< ...! ;.- '1'''. ;'A6f!)/:!-' ''''TI'j'1T''''I'~'ITrT: :TTI" r !.., I:" ..... .....; .. I.. "',,:.. .,.. -'r-'l'.t'~"'"T''I''' t-t.-:.~ ,...,._,..,.. - -" - - 1 . : . :: I: .:: I ...... . .: .: . ..... . . ";t... -.......: I,,,) r>n'I 1l.I.~- . , . , . ~. . ....:..... . ---,---- --- -' ~ ALIGN 'rtl ___ EO. JJUll ~ r71 ',& f- Sf c. . . MANAGER' FfQF-, OFFICE. " ~ i I, 200 ] ..J~f1OD J i " '11"- @ -i'-'~.' , SPLASH CONFERENCE fI ",,; Ol!OCX I AREA 1,/ (l((P.l7 [ 202 ] .. L2=?]]. . N (f}... 1 ^" -..c:f- '- , - ~------- l/..I r- r '(018) ~ Tr ~."V I ':i - -.....- - - 1nI r~!J I j I X ca ill ;. - ~.~. . I L/!7 ~@ : i;~:::~ LANOING r ~rx:;-.. Lease ~ : n ~).@ ~t:::~.. [ 209 J, , ~rt:a r.3", ) ( ) ff- tD I ~ . . I I l / \ lIi 0 , , \ 11 C"i- : J'= Lj^ Qi~ N ': ; i IX ' S~'+'_ I 0 / t?\~ I I ! I h "l3 / \ \!:II, '~,.. I :<lX, ~ " '!;Y;tp/f. "H'~":'':''!'''I': ~.n : [ .l.1.4'-H..i}J:: 'f'-f'~"J+-'mr:k.L. .. v:'"j"' ~-f'f+'h" 'f "i 1 ~ . '-1--+'':'1++ :-- .;.+.:; :.+ k . I -" .. ,-. . L 1 . I .. ,. .... .. -J-f-__ I~~" !"!';"';"!"!-' .'t.,. TT'"!''!"",! :"!"!T-='! I ~""'r1l: r ~... ..... ... a...J .. ......I\.......~ ' I ! ~ I~~ ~ /' _ . \ _ -,.., , . I /.lEN ~'-_ '-_-',_____ ',' ___-' \..' , "::: ~ I(;'F FEE/ \' [ 205 J : "'-!YET COL. ''\ '. ~~~CONY , ~:J':' ii-:rJ~S-J- -~EI!- - -r ----------"\ic\--'~~.-:-:.::---~ " i @TI,' \ AW -------r--!'@ , EX"';:; A - 2 ~ -~--~ ~ i~6:,- 3 '~ Gl._ ~ ~_ _ _ _ _ ~~ I 1:"" I 'r--.~ 1 _ ~ I ~ I I , t .~--.... ; ..: !.:i.{/_ i '- I --.J"'L- --:: _ _ j l ~ I \ ; 'I r <_~ --- .- ') I l r' \ ...JL, _) '~1' -;-.t. "" '\ Led5e Are:a 8Co4 S9.~-t ~ ',', I I I f,llt~ I COLl . I '(6'\(: I~Jt tl ~~r B l It''' t1 I .j. ~ ~-t--.. I B \ , I GP \J " ...- EXHIBIT IB' , , INSURANCE , , MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport! Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging of personnel and materia}), the Vendor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failurc to comply with this provision may. . result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. The Vendor shall provide, to the County, as satisfJctory evidence of the required insurance, either: · Certificatc of Insurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or Jll insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notificJtion is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any dcviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for \Vaiver of Insurance Requirements" and approved by Monroe County Risk Management. . ^dll\llll,lr;lfllllllll...fllll'(lCHl / 1:1/') . >.1 MO!\'ROE COUNTYMO.\'ROE COUNTY, FLOR1DA RlSK j\1ANAGEMENT POLICYAND PROCEDURES CONTRAq AJ;>~ISTRATION MANUAL . _' .-. "..1.: ,..", r.' Indemnification and Hold Harmless. :: fo'r AiiportJAircrarfActiviiics::"::' 'le! . .. ~ .... -. The Vendor covenants and agrees to indemnify and hold harmless Monroe COWlty Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property o\\'lled 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 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 employees, or agents. The e>..1ent ofliabiIity is in no way limited 10, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. AIR 1(J(I GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BET'VEEN h10NROE COUNTY, FLORlDA AND 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 include, as a minimwn; · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injmy Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be; $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $] 00,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage'is provided on a Claims Made policy, its provisions should include coverage for claims filed 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. Gll <OJ LIQUOR LIABILITY INSUR.A.NCE REQUlRE1\1ENTS FOR CONTRACT . B~,1iVEEN l\10NROE COUNTY, FLORIDA . - AND-. :: :": 'I' a._, ... .', Recognizing that the work governed by this contract involves the sales and/or distribution' of alcoholic beverages, the Contractor's General Liability Insurance policy shall include Liquor liabIlity with limIts equal to those of the basic coverage. A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the Contractor's General Liability policy. The Monroe County Board of County Commissioners will be included as Additional Insured if a' separate Liquor Liability policy is provided. GLLIQ "I VEHICLE LIABILITY INSURANCE REQUlRE^1ENTS FOR CONTRACT BET\VEEN ^10NROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Ov.'ned, Non-O"-'ned, and Hired Vehicles . The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. \1..1 1'1 WORKERS' CO.\1PENSA TION INSURANCE REQUlREJ\1ENTS FOR CONTRACT BET\VEEN MONROE COUNTY, FLORlD.1. AA'D Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient (0 respond to Florida. Statut~ 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire tem of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Depanment of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Lener of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Wel ~ \\; Phone (305) 743-0223 Fax (305) 289-3002 c.oP~ 1010 95TH ST OCEAN /\'lARA THON, FL 33050 USA ---- -.. . PROPOSAL FOR Marathon Airports - Snack Bar, Restaurant, and Lounge PROPOSED INTENTIONS With all due respect, listed below are our intentions and the conditions we would like you to consider in hopes of coming to an agreement for a joint venture. \VE PROPOSE: TO RENT the areas listed as, Lobby area - 324 sq. f~., Patio area _ 345 sq. ft Space #'s 124, 125, 210, and 21] - 1195 sq. ft.. Total 1864 sq. ft.. TO OCCUpy AND USE these areas to provide Marathon Airport with a full service dining and lounge facility. Limited to the sale of Food & Beverage items and logo merchandise. Our objective is not only to provide the airport with this quality dining and lounge operation, but hopefully become a place where our community can not only come to enjoy good food and impeccable service, but also to discover just how valuable the airport is to our community. IN THE UPSTAIRS AREA - Aviators' Restaurant, will provide a full lunch and dinner facility, to include service for - Business luncheons, Private and Social groups and Special events. For lunc.h, dress and-attitude win be casual and relaxed. Dinner will change modes to a more elegant setting. We will provide our customer with a peaceful and quit ambiance, where individu~1 attention and comfort will be a priority. Our decor will based on that of the aviator theme with a blend of the tropics. HOUR OF OPERATION will be: lunch - lI:OOam until 2:30pm; and dinner- 5:00pm uQtil 7:00pm will be set aside for the "Early Flight Specials" with our main seating from 7:00pm until IO:OOpm. Reservations will be suggested and valet parking will be available in the evenings from 5:00pm until 12:00pm. IN THE DOWNSTAIRS AREA - Aviators' Tropical Lounge, will provide the morning with a continental breakfast and alJ the amenities that accompany it, A varity of both regular and specialty coffees, juices, fresh fruit, muffins, etc. . Throughout the day a light and fast food menu will be available. Of course, a fuJ) service bar with draft or bottled beer, wine, and a complete line of cocktails and frozen drinks will be available during the appropriate hours. The decor will be open, airy and tropical. THE PLANNED MENU AND PRICES. Upstairs win be local seafood, steaks, with a variety of daily and nightly specials. W;th a Sunday morning Brunch. The prices will compatible and competitive for the Marathon area. AU food upstairs will be available downstairs with the addition of continental breakfast and snack foods, ( hot dogs pretzels etc.) to the downstairs area. "Flight Lunches" win be available for take out. HOURS OF OPERATION will be from 5:30am until 12:00 midnight. It would be our intention that the downstairs' lounge and fast food area be the focus of our attention. By completing this area as soon as possible, we will provide the airport with a badly needed service and allow us the necessary time and resources needed to com plete the upstairs restaurant to our satisfaction. INSURANCE will be provided as per" General Insurance Requirements for Airport/Aircraft Activities" provided by airport staff. ~ - -...... · "''''.~..v r L.1M.CII..;Jl:Y:JN~I..Jt18N~.I:;:><q THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TEA THE COVERAGE AFFORDED BY TlfE POUCIES BELOW. COMPANIES AFFORDING COVERAGE 0.. n: (MMIOO/Yy) 10/27/97 P:'\ODUCER RAY HAMPSON & ASSOCIATES INSURANCE AGENCY 102481 OVERSEAS HWY KEY LARGO FL 33037 COMPANY A SPHERE Ih' INSURED COMPANY AVIATORS RESTAURANT & LOUNGE B KENTIL FOODS, INC. D/B/A COMPANY 9400 OVERSEAS HIGHWAY S#210 C MARATHON, FLA COMPANY I D. t ' - -. T(\ _ · COV!'flA,qlf';) lifW;f0WJ:01ftl1lW;""1"',,;;;WX0Z4iif2 ,..., WYA1!J&WWX4\tW&4\1&1lWXW1W&WiWM :;;;i::wr~,!'Eh'A~ THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONOmONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. 11 c.t"tJ V tU '-\;>'I"' ANY NOV - , /gg( co ILTR TYPE OF INSURANCE POUCY HIJYe!:R POlICY EFFEC11VE POlICY EXHlAnoN DATE (M/oWDIYY) DATE (MIWDIYY) LIIImI A CEHEJW. UABLITY 1022 9 7B - X COMMERCIAL GENERAl.. UASIUTY ! I ClAIMS MADE [][] OCCUR X OWNER'S & CONTRACTOR'S PROT .....;..;;.... - 10/22/97 10/22/98 GENERAl..AGGREGATE '300, 000 PRODUCTS. COMPIOP AGG .3 00 00 0 PERSONAL & ADV INJURY .3 0 0 , 000 EACH OCCURRENCE .3 00 , 000 FIRE DAMAGE (Any -....) . 5 0 . 0 0 0 MED EXP (Any -~) .EXCLUDED AUTOMOBILE UA8lUTY '- ANY AUTO --- _ ALL OWNED AUTOS _ SCHEDULED AUTOS _ HIRED AUTOS ~ NON-QWNED AUTOS I- AP.PRO~BY R)SK--MANAGrp. .NT BY ~. h 1.(\A:,j) ~~ \ 0, )~dCf I COMBINED SINGLE LIMIT . BODILY INJURY . (P"'~I BODILY INJURY . (P... accidenl) PROPERTY DAMAGE . DATE ~ARACE UABIUTY I- ANY AUTO I-- WAIVER: NIl. -- VF.S AUTO ONi. Y EA ACCIDENT . OTHER THAN AUTO ONi.Y: EACH ACCIDENT '..i<.</i.T <. THE PROPRIETORI PAR'rNERSlEXecunYE OFFICERS ARE: OlHEJl R:: . AGGREGATE . . . . I T~~ll~Wsl IUeW- . .;.;.:') EL EACH ACCIDENT . EL DISEASE-POLICY lIMIT . EL DISEASE.EA EMPLOYEE . EACH OCCURRENCE AGGREGATE EXCESS UABIUTY n~MBREUA FORM 'I OTHER THAN UMBREUA FORM WORK~S COMPEHSAnoN AND EMPLOYERS' UA8lUTY lESCRlPTION OF OPERA noNSILOCATlOHSIVEHlCUSiSPECL\&. RUIS '-' - r - r-' ,--\, :..; j'......, r:. :", ' r-;' ~.: ~i i'ik r I I .' , " I - ,77/~ /q--7 . I , ADDITIONAL INSURED/LESSOR IN FAVOR OF:MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, RISK MANAGEMENT- 5900 COLLGE ROAD, KEY WEST, FLOROIDA 33040. WITH RESPECT TO PROPERTY LOCATED AT 9400 O/S HWY #210, MARATHON, FL :EflllFICATE....HOlJ)E~;> .......<..tj})::: ........ .......... .... .'. ........... .. .... .::}::::::.S~N9.;~.:!.~TI9<<t:I:::m:::}t::}:::!}){:::}:{{: ... ..................::t::t:J:lI:lfffffI@):tlWMJIIt SHOULD AHY OP l1tI! AII0Vl! DESCRIBED POUClQ HI! ~ I.... BI!I'ORE l1tI! EXPlRA110H DATE lHEREOF, 1ltE ISSUING COMPANY WILl. ENDEAVOR TO MAL l.O-. DAYS WRInEN NOncE TO 1ltE CER1'lFlCA~ HOLDER twIQ TO 1ltE LEFI', BUT FAlLURI! TO MAL SUCH N011CE SHALl. ....OSE NO 08l.lQA1ION OR LIAII&J1'Y OP ANY KIND UPON THE CO~ AGENTS OR REPRESEHTAT1VES. ..:i~~j~~\ii:~~;~~.~~~~Jm... MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5900 COLLEGE ROAD KEY WEST, FLORIDA 33040 I I CORD 25.S (1195) >r:<. ....I~J.~.Jc;:-57) /l -r ... 1996 hlilj(lll :\lONROE COliNTY. FLORIDA .. R~quest For Waiver of Iusun1llct" Rcquin:ments It IS requ,:slcd Lhal :h:' m~\orilnn~ r~yllirellii!nr., a" ,pe~'lr!l'd i" tr:e ('l:unry':ot Sdleduk of Insurilnt;C Requirement;. he w~ll\'ed or mudlfk.J l~n .h: lollllw,ng. 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