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11/07/1994 ~'l EO ' ..,.. .. c' 'c,. . ~ , _ -. ~ ~ lt~.. ,,-' :-. (,: l } ~'c' i LEASE AGREEMENT . '94 NOV -8 P4 :16 THIS LEASE is made and entered into on the ~ day, of N t1 t.I , 199 4-, by and between the COUNTY OF MONROE, a political i~uw1~sion 1 .0f th~ State of Florida, hereinafter referred to as Lessor, and BUGGY BUS, INC. d/b/a OLD TOWN TROLLEY TOURS OF KEY WEST, whose principal office is located at 601 Duval Street, Key West, Florida 33040, hereinafter referred to as Lessee. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: Section 1. Description of Premises and Use. Lessor hereby leases to Lessee and Lessee hires from Lessor space for the purpose of installing one (1) Gazebo as hereinafter described at the Key West International Airport, owned and operated by the COUNTY OF MONROE, in location G-2 as shown on the attached sketch which is attached hereto and made a part hereof Section 2. Term of Lease. This lease shall begin on the 18t day of October, 1994, and shall end on September 30, 1995. Section 3. Rent. The Lessee shall pay to the Lessor the total rent for the term of this lease Two Thousand Nine Hundred Five and 18/100 Dollars ($2,905.18), plus sales tax, in lawful money of the United States of America, in advance, upon execution of this lease. If Lessee terminates this lease prior to the end of the term hereof, Lessee shall not receive any refund. Section 4. Sign. The Lessee is hereby granted the right to install one (1) gazebo in the area stated in Section 1. The Lessee shall submit to the Lessor a detailed drawing of the gazebo setting forth all wording to be placed on the gazebo, including material to be used in the construction thereof, colors, and any other matter relating thereto for approval by the Lessor prior to installation of the same. The gazebo shall be constructed in a professional manner and installed at the location designated herein in accordance with the instructions of Lessor. Section 5. Maintenance. The Lessee shall maintain the gazebo in good order at all times during the term of this lease and if Lessee fails to do so, Lessor shall give Lessee ten (10) days notice of this failure to comply and upon Lessee's failure to comply in maintaining said sign, Lessee does hereby give, grant, and authorize the Lessor to remove said gazebo at Lessee's expense. Section 6. Telephone. The Lessee shall be allowed to install a direct line telephone immediately under the gazebo at Lessee's cost. Lessee further agrees to pay for any charges which are incurred for said telephone, including the removal thereof upon the termination of this Lease. Section 7 . Waste and Nuisance Prohibited. Lessee shall not commit or suffer to be committed any waste in the demised premises or any nuisance. Section 8. Taxes. Lessee shall pay, before delinquent, all personal property taxes assessed against said gazebo. Section 9. Termination and Repairs. Lessee shall at the termination of this lease remove any gazebo installed hereunder immediately upon termination and shall repair any damage caused by said removal. If Lessee fails to remove said gazebo upon termination of this lease, Lessee does hereby give, grant and authorize the Lessor the right to remove said gazebo on behalf of Lessee at Lessee's expense. Section 10. Indemnity. Lessee agrees to fully indemnify and hold harmless the Lessor from and against all claims and actions and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, caused by the negligence of Lessee, its agents or employees; provided, however, that Lessee shall not be liable for any injury or damage or loss occasioned by the negligence of the Lessor, its agents or employees; and provided further that the Lessor shall give the Lessee prompt and reasonable notice of any such claims or actions and the Lessee shall have the right to investigate, compromise and defend the same. Section 11. Restrictions on Assignment or Sublease. The Lessee may not assign its privileges and obligations under this lease or sublease the premises described in Section 1 without the written permission of the Lessor, which permission shall not be unreasonably withheld. Section 12. Compliance with Laws. Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that it shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, 2 Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. More particularly, Lessee covenants that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. FOR THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By~~7~~~~<;s::y_.. County Administrator .. BUGGY BUS, me. d/b/a OLD TOWN TROLLEY TOURS OF KEY WEST By Title: \J I c ~ //.. ~~~ Wit ;d- b/ AIR/buggybus.doc 3 a H b:l H H ... ~ .L .~t . [, 19 1 , - , - ~ ---IE:! 1____ L.. ii ---. . ~ E - > If ill :II a: - I, Z II > ,.. :; II e. II .. ? ;; -! t )I. II - I Cc:l ;9 o o :II - i ~ I _ ~_ _Ii. ~ 1;- I 1,' :; ,I' '" '" '" M E M 0 RAN DUM DATE: November 8, 1994 TO: Isabel DeSantis, Deputy Clerk FROM: Bevette Moore, Airport Finance tp t_!/L--, RE: Sign Lease Enclosed for your files, please find one original sign lease for Buggy Bus, Inc. The agreement has been executed by the Lessee, and by the County Administrator, on behalf of Monroe County. An original will also be sent to the County Attorney's Office, and to the Lessee. I will retain one original for the Airport files. Thank you. /bev enclosures