Item C11C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
September 19, 2018
Agenda Item Number: C.11
Agenda Item Summary #4641
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: T.J Henderson (305) 289 -6302
none
AGENDA ITEM WORDING: Approval of Consent of Assignment of Lease from Hyatt & Hyatt,
Inc. to HORAY Restaurant Group, Inc. for leased property at the Key West International Airport
used for overflow parking by patrons of Benihana Restaurant.
ITEM BACKGROUND: Hyatt and Hyatt, Inc. (Hyatt) leases premises on the corner of South
Roosevelt and Stickney Drive measuring approximately 165 x 90 feet under a contract of lease dated
April 15, 2015. Hyatt has entered into an agreement to transfer to HORAY Restaurant Group all of
Hyatt's right, title and interest in the Lease. Article 6 of the Lease provides that the Lease cannot be
assigned without written approval of the Board of County Commissioners.
PREVIOUS RELEVANT BOCC ACTION:
Approved the original lease with Hyatt & Hyatt on April 15 2015.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Assignment of Lease Hyatt to HORAY
FINANCIAL IMPACT:
Effective Date: 09/17/2018
Expiration Date: 4/20/2020
Total Dollar Value of Contract:
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $8,756.52/yr. plus tax
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
08/24/2018 3:41 PM
T.J Henderson
Completed
08/24/2018 4:06 PM
Pedro Mercado
Completed
08/24/2018 5:29 PM
Budget and Finance
Completed
08/27/2018 9:06 AM
Maria Slavik
Completed
08/27/2018 9:18 AM
Kathy Peters
Completed
08/31/2018 12:45 PM
Board of County Commissioners
Pending
09/19/2018 9:00 AM
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this 19th day of September, 2018, by and
between Monroe County, a political subdivision of the State of Florida, hereafter County, Hyatt
and Hyatt, Inc., hereafter Assignor, and HORAY Restaurant Group, LLC., hereafter Assignee, the
parties agreeing as follows:
1. The County leases premises on the corner of S. Roosevelt Boulevard and Stickney
Drive, measuring approximately 165 feet x 90 feet through a Contract of Lease dated
April 15, 2015 to Hyatt and Hyatt, Inc., as Lessee.
2. Article 6 of the Lease Agreement provides that the Lessee may not assign the Lease
without written approval of the Board of County Commissioners for Monroe County.
3. Assignor and Assignee have entered into an agreement to transfer to Assignee all of
the Assignor's right, title and interest in the Lease.
4. In consideration of its consent to the assignment from the Board of County
Commissioners for Monroe County, the Assignee agrees to be bound by all the terms
and conditions of the Original Agreement.
5. This assignment of lease shall become effective 5Er7&"dc7t, /7,2018.
(SEAL)
ATTEST: KEVIN MADOK
CLERK
BY
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
In
Mayor /Chairman
ASSIGNOR HYA'
ASSIGNEE HORAY RESTAURANT GROUP LLC
Darre o'
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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
WHEREAS, Hyatt is engaged in the business of operating a restaurant called
Benihana adjacent to airport property; 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 Exhibit A which is attached and made a part of this
lease, as an automobile parking lot for the customers and employees of the restaurant
evenings, weekends, and Holidays.
2) The term of this Lease is five years, beginning on May 1, 2015 and ending on
April 30, 2020. The County reserves the right to cancel this lease upon ninety (90)
days written notice to Hyatt, and Hyatt may cancel the Lease on the same ninety
(90) day written notice to the County.
3) Rent shall payable as follows;
During the first year of the lease (May 1, 2015 - April 30, 2016), $650.00 per
month, plus the applicable Florida sales tax,
During the second year of the lease (May 1, 2016 - April 30, 2017), $700.00 per
month, plus the applicable Florida sales tax.
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5) 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 County.
6) The premises leased under this Agreement may not be sublet, and this Lease
may not be assigned, without the written consent of the County.
7) 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. County is responsible for and shall maintain the
landscaping (to include mowing) and shall maintain and trim the tress and any other
foliage on the premises.
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14) 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.
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15) This Lease is governed by the laws of the State of Florida. Venue for any
litigation arising under this lease must be in a court of competent jurisdiction in
Monroe County, Florida.
16) This Lease Agreement represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings.
21) Lessee agrees to execute such documents as the County may reasonably
require,
• include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
22)
• covenant or agreement contained herein shall be deemed to be a covenant
or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent • employee • Monroe County shall
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be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement
23) 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 and any of the parties hereto may execute this Agreement by
singing any such counterpart.
LTN WITNESS WHEREOF, the parties have set their hands and seal the day and
year first above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST:AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By C' 11117
' ek , By, . . .. ............................
Deputy C erk year nnikfThage
WITNESSES:
HFIAT T AND H TT
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