08/18/2010 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: January 21f, 2011
TO: Peter Horton, Director
of Airports
VIA: April Pearson
FROM: Isabel C. DeSantis, D.C.
At the August 18, 2010, Board of County Commissioners meeting, the Board granted
approval of item C29 ratifying previously approved lease agreement for retail rental space with
Karen Adlen and Dani Tobaly, dba Jet Lag Accessories, LLC, at the Key est International
Airport.
Attached is a duplicate original of the above -mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney
Finance/
File ✓
LEASE AGREEMENT
JET LAG
KEY WEST INTERNATIONAL AIRPORT
THIS LEASE AGREEMENT is made and entered into on the 18th day of July,
2010, by and between MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "Lessor" or "County", whose address is 1100
Simonton Street, Key West, Florida, 33040, and Keren Adlen and Dani Tobaly, DBA
JET LAG ACCESSORIES, LLC., hereinafter referred to as "Lessee" or "Tenant" whose
address is 423B Duval Street, Key West, Florida 33040.
WHEREAS, the Lessor is the owner of the Key West International Airport,
hereafter Airport, that has space available for an airport concession; and
WHEREAS, Lessor desires to grant to Lessee the right to operate an airport
concession at and from the Key West International Airport at Key West, Florida, and
WHEREAS, the Lessee desires to enter into such a lease and represents to the
Lessor that it is qualified to operate airport concession and has the financial resources to
undertake such an operation; now, therefore
]N CONSIDERATION of the premises and of mutual covenants and promises
hereinafter contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee the Airport area shown on Exhibit
A, hereafter the premises, for use as an Airport Concession, hereafter also referred to as
the operation. Exhibit A is attached to this agreement and incorporated by reference.
2. Term
(a) This lease agreement will take effect on the 1 St day of August 2010, and will
terminate on the 315t day of July, 2011, unless terminated earlier under another paragraph
of this agreement.
(b) This lease may be renewed for three (3) one (1) year periods. If the Lessee
desires to renew this lease, Lessee must submit a written request to Lessor at least 90
days prior to the expiration of the initial, and any subsequently renewed, term of this
lease.
3. Rental and Fees
(a) i. Lessee agrees to pay Lessor rent in the amount of $986.97 per month plus
tax, including electricity and garbage, for retail concession space 217 and
i:i. Lessee agrees to pay Lessor rent in the amount of $149.54 per month plus tax,
including; electricity and garbage, for 50 square feet of retail concession space 146 and
iii. In addition to the rent, Lessee agrees to pay Lessor 5% of the annual
gross revenues, or a guaranteed minimum annual fee of $17,000, whichever is greater,
generated by Lessee's operations at retail concession spaces 217 and 146.
Rental payments are due by the 1" day of the month for which the rent is
due. An annual rental payment adjustment shall be made in accordance with the
percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the
most recent 12 months available or in accordance with the Airport's standard rates and
charges as revised annually, whichever is greater. The increase will take effect on the
anniversary month of the month when the operation opened for business.
Annual gross revenues are determined on a calendar year basis. A calendar
year shall run from January 1 sc through December 31 sc inclusive. Payment of charges
under this subparagraph shall be made in monthly installments. Lessee shall remit, at a
minimum, 1 /12 of the annual guaranteed minimum ($1416.66.00) on an arrears basis.
Payment shall be made no later than the 25`h day of the month payment is due, i.e.
January payment by February 25, February by March 25, etc. In the event the total
amount paid during any calendar year period is less than the greater of the fees set forth
in 5a.ii, Lessee shall remit the difference by February 28 of the year subsequent to the
calendar year for which the charge is due.
(b) No rent payments are due under this agreement until the operation is open
for business. If the operation opens on a date other than the first of the month, then the
rent charge will be prorated as a percentage that the number of days in the month that the
operation was in business represents to the months a whole.
(c) Lessee must open the operation for business within 30 days of the effective
date of this agreement.
(d) At the end of this agreement (or any renewal), the Lessee's right to the
premises, the use of Airport facilities, and any other right or privilege granted under this
agreement ceases. All equipment, furnishings and other property of the Lessee at the
premises must be removed by him. The Lessee must also restore the premises to its
original condition, ordinary wear and tear and damage by causes beyond the control of
the Lessee excepted.
4. Lessor's Right of Re -Entry - Notwithstanding anything set forth in paragraph
12 of this agreement, if the Lessee fails to pay any rents or fees due under this lease
within 15 days after the Lessor notifies the Lessee in writing that the rent or charge is
overdue, then the Lessor 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
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interest: beginning on the 161h day after the Lessee was notified in writing by the Lessor
that the renter 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.
5. Lease Documents — The lease documents, of which this agreement is a part,
consists of the lease documents, which are as follows: This agreement and any
amendments executed by the parties hereafter, and all required insurance documentation.
In the event of a discrepancy between the documents, precedence shall be determined by
the order of the documents as just listed.
6. Merchandise Review, Audible Entertainment - The Lessee shall provide a list
of all merchandise it intends to sell. The airport reserves the right to reject any items it
finds inappropriate, objectionable or not in the best interests of the Airport. NO form of
audible entertainment/announcement system will be permitted in the premises (retail
spaces 217 and 146). Other forms of entertainment may be permitted with the written
consent of the Airport Manager. When permitted, no sound source shall be permitted that
is so loud that it emanates outside of the Lessee's concession space.
7. Federal, State and Local Law - The Lessee must comply with all the applicable
requirements of the statutes, rules, ordinances, regulations, orders and policies of the
federal and state governments and the County either in effect on the effective date of this
lease or later adopted.
8. Subordination
(a) 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 such 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 Owner pertaining to the Key West International
Airport.
(b) The leased premises and the Airport are subject to the terms of those
certain Sponsor's Assurances made to guarantee the public use of the Airport as incident
to grant agreements between the Lessor and the United States Of America. This lease and
all provisions hereof shall be given only such effect as will not conflict or be inconsistent
with the terms and conditions contained in those certain Sponsor Assurance's, and any
existing or subsequent amendments thereto.
(c) This lease shall be subject and subordinate to the provisions of any
existing or future agreement between the Lessor and the United States relative to the
operation or maintenance of the Airport, and execution of which has been or may be
required by the provision of the Federal Airport Act of 1946, as amended, or any future
act affecting the operation or maintenance of the Airport, provided, however, that Lessor
shall, to the extent permitted by law, use its best efforts to cause any such agreement to
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include provisions protecting and preserving the rights of Lessee in and to the demised
premises and improvements thereon, and to compensation for the taking thereof, and
payment for interference therewith and for damage thereto, caused by such agreement or
by actions of the Lessor or the United States pursuant thereto.
9. Rights Reserved - 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 to grant
similar privileges to another Lessee or other Lessee on other parts of the airport.
10. Security Clearance/Cost - Lessee shall be solely responsible for the costs of,
and the obtaining of, security clearances for the Lessee and any person(s) employed by
Lessee. Notwithstanding anything set forth in paragraph 12 of this agreement, LESSEE's
FAILURE TO OBTAIN OR MAINTAIN A SECURITY CLEARANCE SHALL BE
DEEMED TO BE A BREACH OF THIS AGREEMENT AND THE COUNTY MAY
IMMEDIATELY TERMINATE THIS LEASE. Before treating the Lessee in default and
terminating the lease, 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.
11. Lessee's Covenants
(a) Lessee agrees to 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.
(b) Lessee shall provide all items and equipment needed for the operation
including, but not limited to: shelving, display cases, tables, chairs, refrigeration units,
etc. Lessee's items and equipment must be removed from the premises when this lease
terminates. Lessee has the right during the term hereof, at its own expense, at any time
from time to time, to install, maintain, operate, repair and replace any and all trade
fixtures and other personal property useful from time to time in connection with its
operation on the Airport, all of which shall be and remain the property of Lessee and may
be removed by Lessee prior to or within a reasonable time after expiration of the term of
this agreement; provided, however, that Lessee shall repair any damage to the premises
caused by such removal. The failure to remove trade fixtures or other personal property
shall not constitute Lessee a hold -over, but all such property not removed within ten (10)
days after Lessee receives a written demand for such removal shall be deemed abandoned
and thereupon shall be the sole property of the Lessor.
(c) The Lessee agrees to furnish good, prompt and efficient service to
meet all demands for airport concession service at the Airport. The operation must be
open for service 365 days per year from 9:00 A.M. to 7:00 P.M., as a minimum. The
hours can be revised by mutual consent.
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(d) The Lessee shall 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.
(e) Lessee agrees that no signs, on premises advertising, or awnings may
be erected by the Lessee on the premises or elsewhere at the Airport, unless they are
approved by the Airport Manager in writing. No exterior architectural changes may be
made without the consent in writing of the Airport Manager, whose consent will not be
unreasonably withheld or delayed
(f) If any part of the premises exterior or interior is injured or damaged by
any breaking or entering into the premises or by an attempt to break or enter the
premises, the Lessee 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.
(g) The Lessee is responsible for the maintenance of the premises,
including the equipment and fixtures on the premises such as (but not limited to)
plumbing, lighting, carpeting, planters, 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 exceed the quality of the
original work. However, the Lessor must maintain the premise air conditioning at its
expense. The Lessee must also provide pest control for the premises at own expense.
11. Lessor's Covenants
(a) Lessor will furnish the premises with back-up generator service should
Keys Energy Services electric service fail. In the event both Keys Energy Services power
and the back-up generator fail, the Lessor shall not be responsible or liable for any
damage caused to Lessee as a result of the power outage.
(b) 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 or 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.
(c) 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 in the Terminal Building.
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(d) In the event the premises are partially damaged by fire, explosion, the
elements, the public enemy or other casualty, but not rendered untenable, 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 untenable 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 untenable 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 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, or to furnish a substantially equivalent facility, then the Lessee may
give Lessor written notice of its intention to then cancel this agreement.
12. Default/Termination - This Agreement may be terminated at the discretion of
the County in the following circumstances:
a) Lessee fails to pay the rent or fees when due;
b) Lessee fails to obtain the insurance required under this lease or allows the
required insurance coverage to lapse or fall below the minimum required;
c) Lessee otherwise breaches the terms of this lease;
d) Cancellation is required to accommodate future Airport growth, or
e) Cancellation is required due to F.A.A. requirements;
f) The appointment of a receiver of the Lessee's assets;
g) The divestiture of the Lessee's interest in the lease by court order or other
operation of law;
h) The Lessee's abandonment of the operation. Failure to open the operation
and keep it open during the business hours described in this agreement for seven
(7) consecutive days shall constitute abandonment.
Unless the County has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default/breach under the terms of this
agreement. In the case of the default/breach occurrences described in subparagraphs
12(a), (b), (c), (f), (g), or (h) the County's Director of Airports shall first give the Lessee
a written notification stating the default/breach. The Lessee shall be notified that he has
10 days to correct the default/breach. If the nature of the default/breach is such that it
cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason
why the default/breach cannot be cured in 10 days and shall provide a written plan
showing how the default/breach will be cured in a timely manner. If the Lessee has not
corrected the default/breach at the end of the 10 days or if the Lessee has provided a cure
plan, which the Lessee has failed to timely and diligently execute, then the County may
cancel the lease in its discretion. In the case of cancellation occurring as described in
subparagraphs 12(d) and (e), County shall provide Lessee 90 days notice. In the event of
cancellation occurring as described in subparagraphs 12(d) and (e) the County, at County
expense, shall relocate Lessee's concession to a mutually agreeable alternate site within
the airport. If an alternate site at the airport is not available, the County will purchase the
Lessee's lease hold at fair market appraisal value.
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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 or 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. Lessee's Right of Termination - 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.
(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 acts(s) of the Lessee.
(c) 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 operational 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 in 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 by Lessor to perform its obligations.
14. Termination for Convenience - If the Lessee is not in default of its
obligation to pay the rent and the charges, then the Lessee may terminate this agreement
for convenience after giving the Lessor 90 days written notice.
15. Insurance Requirements
(a) Before entering the premises, the Lessee must obtain insurance in
the amounts and according to the conditions described as follows:
The Lessee will be responsible for all necessary insurance coverage which
includes, at a minimum:
Worker's Compensation - $100,000 Bodily Injury by Accident;
$500,000 Bodily Injury by Disease, policy
limits; $100,000 Bodily Injury by Disease, each
employee
Vehicle Liability - $100,000 combined single limit
General Liability - $300,000 combined single limit
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Certificates of Insurance must be provided to Monroe County within fifteen days
after award of proposal, with Monroe County BOCC listed as additionally insured on all
except 'Workers Compensation. If the proper insurance forms are not received within the
fifteen clays, proposal may be awarded to the next selected respondent.
'The Lessee shall carry fire and extended coverage insurance, if obtainable, on all
fixed improvements erected by Lessee on the demised premises to the full insurable value
hereof, it being understood and agreed that for purposes hereof the term "full insurable
value" shall be deemed to be that amount for which a prudent owner in like
circumstances would insure similar property, but in no event an amount in excess of
Lessee's original cost of constructing said fixed improvements.
'The Monroe County Board of County Commissioners will be included as
"Additional Insured" on all policies, except workers compensation, issued to satisfy the
above requirements. All forms of insurance required above shall be from insurers
acceptable to the County.
.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 days prior
notification is given to the County by the insurer.
(b) The Lessee must keep in full force and effect the insurance described
during the term of this agreement. If the insurance policies originally purchased that
meet the requirements 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 a breach of any duty or obligation owed 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.
(d) Notwithstanding anything set forth in paragraph 12 of this agreement, the
Lessor may treat the Lessee in default if the Lessee, after entering the premises but before
beginning its operation, does not have the insurance required by subparagraph 15(a).
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 (10) 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
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the insurance required by subparagraph 15(a). Before treating the Lessee in default and
terminating the agreement in this situation, the County shall provide the Lessee 24-hour
notice by FAX or overnight courier. The County may then terminate the lease if, after 14
calendar days, Lessee has not cured the default.
16. Rights Reserved - 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 to
grant similar privileges to another Lessee or other Lessees on other parts of the Airport.
17. Inspection and Maintenance of Premises by Lessor — Lessor and its
authorized officers, employees, agents, contractors, subcontractors and other
representatives shall have the right to enter upon the leased premises for the following
purposes:
a) to inspect the leased premises at reasonable intervals during
regular business hours (or at any time in case of emergency) to determine whether Lessee
has complied and is complying with the terms and conditions of this agreement with
respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of
existing, underground and overhead wires, pipes, drains, cables and conduits now located
on or across the leased premises, and to construct, maintain, repair, relocate, and remove
such facilities in the future as necessary to carry out the Master Plan of development of
the Airport; provided, however, that said work shall in no event unduly interfere with the
operations of Lessee and, provided further, that the entire cost of such work, including
but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the leased
premises by Lessee, the Lessor or third parties, as a result of the exercise by the Lessor of
its rights hereunder, and all damage to such fixed improvements caused thereby, shall be
borne by the Lessor.
18. Assignment/Sublease - 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 which shall not be unreasonably withheld or delayed. The terms of
this Lease Agreement shall be binding on the heirs, executors, administrators, sub -lessees
and assigns of Lessee.
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 corporate stock is also an assignment under this paragraph that requires the
Lessor's approval which will not be unreasonably withheld or delayed. All the
obligations of this agreement will extend to the legal representatives, successors and
assigns of the Lessee and Lessor.
19. Books, Records, Documents - Lessee shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with
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generally accepted accounting principles consistently applied. Each party to this
Agreement or their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for four years following the termination of this Agreement.
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.
20. Hold Harmless - Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, Lessee shall defend, indemnify and hold the
County and the County's elected and appointed officers and employees harmless from
and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses (including, without limitation, costs of remediation and costs of additional
security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection
with a violation of any federal law or regulation, attorney's fees and costs, court costs,
fines and penalties) that may be asserted against, initiated with respect to, or sustained by,
any indemnified party by reason of, or in connection with, (A) any activity of Lessee or
any of its employees, agents, contractors or other invitees during the term of this lease,
(B) the negligence or willful misconduct of Lessee or any of its employees, agents,
contractors or other invitees, or (C) Lessee's default in respect of any of the obligations
that it undertakes under the terms of this lease, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the intentional, or
sole negligent acts, or negligent acts in part, or omissions of the County or any of its
employees, agents, contractors or invitees (other than Lessee). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this Section will survive the
expiration of the term of this lease or any earlier termination of this lease.
21. Nondiscrimination - Lessee agrees that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the
Court order. Lessor and Lessee agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
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nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code,
relating to discrimination based on race, color, sex, religion, disability, national origin,
ancestry, sexual orientation, gender identify or expression, familial status or age; 11) Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
22. Severability - If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of this Agreement.
Lessor and Lessee agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
23. Binding Effect - The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of Lessor and Lessee and their respective
legal representatives, successors, and assigns.
2.4. 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 and corporate action, as required by law.
2.5. Adjudication of Disputes or Disagreements - Lessor and Lessee agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within
30 days after the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement by Florida law.
26. Coo eration - In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, Lessor and Lessee 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. Lessor
and Lessee specifically agree that no party to this Agreement shall be required to enter
into any arbitration proceedings related to this Agreement.
27. Covenant of No Interest - Lessor and Lessee covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and the only interest of each is to
perform and receive benefits as recited in this Agreement.
28. Code of Ethics - County agrees that officers and employees of the County
recognize and will be required to comply with the standards of conduct for public officers
and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
29. No Solicitation/Payment - Lessor and Lessee warrant that, in respect to itself,
it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid
or agreed to pay any person, company, corporation, individual, or firm, other than a bona
fide ernployee working solely for it, any fee, commission, percentage, gift or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of this provision, Lessee agrees that Lessor shall have the
right to terminate this Agreement without liability and, at its discretion, to offset from
monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift or consideration.
30. Non -Waiver of Immunity - Notwithstanding the provisions of Sec. 768.28,
Florida Statues, the participation of the Lessor and the Lessee in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the Lessor be
required to contain any provision for waiver.
31. Privileges and Immunities - All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers, agents,
or employees of any public agents or employees of the Lessor, when performing their
respective functions under this Agreement within the territorial limits of the Lessor shall
apply to the same degree and extent to the performance of such functions and duties of
such officers, agents, volunteers, or employees outside the territorial limits of the Lessor.
32. LegalObligations and Responsibilities - Non -Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as,
relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the
obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the
12
Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case
law.
33. Non -Reliance by Non -Parties - No person or entity shall be entitled to rely
upon the terms, or any of them, of this 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 Lessor and Lessee agree that neither the Lessor nor Lessee 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.
34. Attestations - Lessee agrees to execute such documents as the Lessor may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and
a Drug -Free Workplace Statement.
35. 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
Monroe County in his or her individual capacity, and no member, officer, agent or
employee of Monroe County shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
36. Execution in 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 and any of the parties hereto may
execute this Agreement by signing any such counterpart.
37. Other Use - Lessee shall not use or permit the use of the demised premises
or any part thereof for any purpose or use other than an authorized by this agreement.
38. Paragraph Heading - Paragraph headings herein are intended only to
assist in reading identification and are not in limitation or enlargement of the content of
any paragraph.
39. Notices - Any notice of other communication from either party to the other
pursuant to this agreement is sufficiently given or communicated if sent by registered
mail, with proper postage and registration fees prepaid, addressed to the party for whom
intended, at the following addresses:
For Lessor:
Airports Director
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL. 33050
(305) 809-5200
For Lessee:
Jet Lag Accessories, LLC
Keren Adlen and Dani Tobaly
423B Duval St.
Key West, Fl. 33040
(305) 509-2405
13
or to such other address as the party being given such notice shall from time to time
designate to the other by notice given in accordance herewith.
40. Governing Law, Venue, Interpretation - Governing Law, Venue,
Interpretation, Costs, and 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 this Agreement, the Lessor and Lessee
agree that venue will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
The Lessor and Lessee agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative or
legal proceeding.
41. Attorney's Fees and Costs - The Lessor and Lessee agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non -prevailing party, and shall include attorney's fees,
courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
4.2. AIRPORT SECURITY.
a) General. The federal Transportation Security Administration is the federal
agency primarily responsible for overseeing the security measures utilized by the
airport owner pursuant to the relevant provisions of Chapter 49, United States Code,
and regulations adopted under the authority of the Code, including but not limited to 49
CFR 1540, et seq. Violations of the statutes or regulations may result in severe civil
monetary penalties being assessed against the airport operator. It is the intent of the
airport operator that the burdens and consequences of any security violations imposed
upon the airport operator as a result of actions by an airport tenant or the airport
tenant's employees, agents, invitees, or licensees shall be borne by the airport tenant.
b) Airport Tenant Defined. An airport tenant means any person, entity,
organization, partnership, corporation, or other legal association that has an agreement
with the airport operator to conduct business on airport property. The term also includes
an airport tenant as defined in 49 CFR 1540.5. Each signatory to this Agreement, other
than the airport operator, is an airport tenant.
c) Airport Operator Defined. As used in this Agreement, airport operator means
Monroe County, Florida, its elected and appointed officers, and its employees.
14
d) Airport Property Defined. Airport property shall mean the property owned or
leased. by, or being lawfully used by, the airport operator for civil aviation and airport -
related purposes. For purposes of this Agreement, airport property is the property
generally referred to as the Key West Airport, the Marathon Airport, or both as may be
set forth in this Agreement.
e) Inspection Authority. The airport tenant agrees to allow Transportation
Security Administration (TSA) authorized personnel, at any time or any place, to make
inspections or tests, including copying records, to determine compliance of the airport
operator or airport tenant with the applicable security requirements of Chapter 49,
United States Code, and 49 CFR 1540, et seq.
f) Airport Security Program. The airport tenant agrees to become familiar, to the
extent: permitted by the airport operator, with the Airport Security Program
promulgated by the airport operator and approved by TSA, and also agrees to conform
its' operations and business activities to the requirements of the Airport Security
Program.
g) Tenant Security Program. If permitted under TSA regulations, the airport
tenant: may voluntarily undertake to maintain an Airport Tenant Security Program as
referred to in 49 CFR 1542.113. If the airport tenant voluntarily promulgates an Airport
Tenant Security Program that is approved by TSA, such program, as may be amended
and approved from time to time, shall be automatically incorporated into this
Agreement.
h) Breach of Agreement. Should TSA determine that the airport tenant or one or
more of the airport tenant's employees, agents, invitees, or licensees has committed an
act or omitted to act as required, and such act or omission is a violation which results in
TSA imposing a civil penalty against the airport operator in accordance with TSA's
Enforcement Sanction Guidance Policy, such determination and imposition of a civil
penally by TSA shall be considered a significant breach of this Agreement.
(1). Minimum Violation. If the violation is the first or second
violation attributed to the airport tenant and is a civil penalty "minimum violation" as
provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may
cure the breach by paying to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating, defending,
mitigating, compromising, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the
investigation, defense, compromising, mitigation, or taking of remedial action
measures. If the violation is a third violation, or there are multiple violations in excess
of two violations, that is or are a civil penalty "minimum violation", the airport tenant
shall pay to the airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
15
not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further,
the airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of
written notice of cancellation of this Agreement by the airport operator.
(2). Moderate Violation. If the violation is the first or second
violation attributed to the airport tenant and is a civil penalty "moderate violation" as
provided for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may
cure the breach by paying to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA,
to include but not be limited to reasonable attorney's fees and costs incurred in the
investigation, defense, compromising, mitigation, or taking of remedial action
measures; and, further, the airport tenant may cause all of airport tenant's employees
involved in the airport tenant's business operations on the airport property to undergo
such security training as may be required by the airport operator. The total cost of the
training shall be paid for by the airport tenant. If the violation is a third violation, or
there are multiple violations in excess of two violations, that is or are a civil penalty
"moderate violation", the airport tenant shall pay to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in
investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees
and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to
unilaterally cancel this Agreement, such cancellation to be effective thirty calendar
days after receipt by the airport tenant of written notice of cancellation of this
Agreement by the airport operator.
(3). Maximum Violation. If the violation is the first violation
attributed to the airport tenant and is a civil penalty "maximum violation" as provided
for in TSA's Enforcement Sanction Guidance Policy, the airport tenant may cure the
breach by paying to the airport operator the total costs incurred by the airport operator,
including any fines and penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation,
defense, compromising, mitigation, or taking of remedial action measures; and, further,
the airport tenant may cause all of airport tenant's employees involved in the airport
tenant's business operations on the airport property to undergo such security training as
may be required by the airport operator. The total cost of the training shall be paid for
by the airport tenant. If the violation is a second violation, or there are multiple
violations, that is or are a civil penalty "maximum violation", the airport tenant shall
pay to the airport operator the total costs incurred by the airport operator, including any
fines or penalties imposed, in investigating, defending, compromising, mitigating, or
taking of remedial measures as may be agreed to by TSA, to include but not be limited
to reasonable attorney's fees and costs incurred in the investigation, defense,
i[el
compromising, mitigation, or taking of remedial action measures; and, further, the
airport operator shall have the right to unilaterally cancel this Agreement, such
cancellation to be effective thirty calendar days after receipt by the airport tenant of
written notice of cancellation of this Agreement by the airport operator.
(4). Mitigation of Breach. TSA has a policy of forgoing civil
penalty actions when the airport operator detects violations, promptly discloses the
violations to TSA, and takes prompt corrective action to ensure that the same or similar
violations do not recur. This policy is known as the TSA Voluntary Disclosure Program
Policy, and is designed to encourage compliance with TSA regulations, foster secure
practices, and encourage the development of internal evaluation programs. The airport
tenant agrees that upon detecting a violation the airport tenant will immediately report it
to the airport operator. Should the TSA ultimately determine that the violation was
committed by the airport tenant, or an employee, agent, invitee, or licensee of the
airport tenant, but the violation should result in the issuance of a letter of correction in
lieu of a civil penalty, then the airport tenant shall reimburse the airport operator the
total costs incurred by the airport operator in investigating, defending, mitigating, or
taking, of remedial measures as may be agreed to by TSA, to include but not be limited
to reasonable attorney's fees and costs incurred in the investigation, defense,
mitigation, or taking of remedial action measures. A violation resulting in the issuance
of a letter of correction shall not be considered to be a breach of this Agreement by the
airport tenant.
(5). Survival of Sub -Section. This sub -section h shall survive the
cancellation or termination of this Agreement, and shall be in full force and effect.
i) Hold Harmless; Indemnification; Defense; Release; Survival.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Agreement, the airport tenant agrees to hold harmless, indemnify, defend and release
the airport operator, and the airport operator's elected and appointed officers and
employees, from any claims, actions, causes of action, litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any and all types of
injury, including death, loss, damage, fines, penalties, or business interruption of any
nature whatsoever, of or to any person or property in connection with the use of the
airport property under this Agreement, regardless of causation and including criminal
acts of third parties; and especially including any and all fines, penalties, out of pocket
expenses, attorney's fees and costs, and costs of remediation or additional security
measures required to be implemented by any governmental agency (including but not
limited to the Federal Aviation Administration and the Transportation Security
Administration) resulting from a violation of any federal law or federal regulation. This
sub -section shall survive the cancellation or termination of this Agreement.
43. Mutual Review - This agreement has been carefully reviewed by the Lessee
and the Lessor. Therefore, this agreement is not to be construed against either party on
the basis of authorship.
17
44. Final Understanding - This agreement is the parties' final mutual
understanding. It replaces any earlier agreements or understandings, whether written or
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 authorized representative.
('s
A
ATTES
By: _ -
Title: A
BOARD OF COUNTY COMMISSIONERS
GE, CLERK OF MONROE COUNTY, FLORIDA
By
ayor/Chairman
LESSEE'S:
By
Keren Adlen
By 21-Z2�2,
Tani Tobaly
STACY PLOURDE _..
MY COMMISSION a OD 656030
r. a: EXPIRES; March 27,011
Bontlad Tnru Notary Public Underwriters
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ASSISTANT COUNTY ATTORNEY 3��V
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18
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'� I Upstairs Lease Area cF —
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CERTIFICATE OF LIABILITY INSURANCE OP ID TM DATE(MM/DD/YYYY)
07 29 10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE? OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
NAME: Dan1 Tobal
Key West Insurance, Inc.
646 United Street, Suite 1
Key West FL 33040
Phone:305-294-1096 Fax:305-294-8016
INSURED
Jet Lag Accessories LLC
3493 S. Roosevelt Blvd. #217
Key West FL 33040
COVERAGES rr_laTlclrA'rc au uaove.
I PHONE(A/C, No, Ext): 305-296-2925 rain u .
CUSTOMERID#: JETLA-1
INSURER(S) AFFORDING COVERAGE
INSURER A: Mount Vernon Fire Insurance
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
NAIC #
- . V 1Qwn numor_rc:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
A
TYPE OF INSURANCE:
GENERAL LIABILITY
X COMMERCIAL GENERAL LIA131LITY
CLAIMS -MADE OCCUR
INSR
X
WVD
POLICY NUMBER
TBA
(MM/DD/YYYY)
08/01/10
\I
(MM/DD/YYYY)
08/01/11
LIMITS
EACH OCCURRENCE
$ 1 , 000 , 000
PREMISES (Ea ocw nerr ce)
$ 100,000
MED EXP (Any one person)
$ 5,000
PERSONAL & ADV INJURY
$ 1 r 000 , 000
GENERAL AGGREGATE
$ 1,000 000
GEN'L AGGREGATE LIMIT APPLIES PER:
RO
X POLICY D P
JECT LOC
PRODUCTS -COMP/OP AGG
$ 1 r OOO r 000
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
\
--
I
1
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
/A
n r� '-1
I, i L r �� J
I_
�AU 2 20(
1
��I
�I
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)y
If yes, describe under
DESCRIPTION OF OPERATIONS below
$
/ A U
TORY LIMITS ER
$
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
E.L. DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS! LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
retail sales
Certificate Holder is named Additional Insured as their interest may appear.
CFRTIFIrATF Wni nCD
%'MnIrCLLM 1 JUN
MONCNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THERE NOTICE WILL BE DELIVERED IN
A NCE WITH THE PO C ROVISIONS.
Monroe County BOCC UTHOR¢E EPRESENTATI E
1100 Simonton Street
Key West FL 33040 Ter
_OAA
@ 1988-20T JCORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACXORD
JETLA-1 OP ID: TM
%-.R,"" CERTIFICATE OF LIABILITY INSURANCE
DATE
09/131/YYYY)
9/13/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER 305-294-1096
Key West Insurance, Inc.
646 United Street, Suite 1 305-294-8016
Key West, FL 33040
Terry Melvin
CONTACT
PHONE FAX
A/c No ExS : A/C No):
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC #
INSURER A: Mount Vernon Fire Insurance
INSURED Jet Lag Accessories, LLC
3493 S. Roosevelt Blvd. #217
INSURER B :
INSURER C :
Key West, FL 33040
INSURER D :
INSURER E :
INSURER F :
- -- ITV HIV IV I\ 1\VIII�G R.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEADDLSUBR
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,00
A
X COMMERCIAL GENERAL LIABILITY
X
CL2578915A
08/16/11
08/16/12
PREMISES Ea occurrence
$ 100,00
MED EXP (Any one person)
$ 5,00
CLAIMS -MADE a OCCUR
PERSONAL & ADV INJURY
$ 1,000,00
GENERAL AGGREGATE
$ 1,000,00
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 1,000,00
X POLICY PRO LOC
$
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
(Ea, cdent
$
BODILY INJURY (Per person)
$
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident)
$
HIRED AUTOS NON-OWNED
OAUTSWNED
PROPERTY DAMAGE
Per accident
$
$
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION $
$
WORKERS COMPENSATION
WC STATU- OTH-
AND EMPLOYERS' LIABILITY Y / N
T Y LIMIT,
E.L. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N / A
E.L. DISEASE - EA EMPLOYEE
$
(Mandatory in NH)
If yes, describe under
E.L. DISEASE - POLICY LIMIT
$
DESCRIPTION OF OPERATIONS below
I
_F7
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
retail sales
Certificate holder is named additional insured as their interest may appear.
Monroe County BOCC
1100 Simonton St.
Key West, FL 33040
T
SHOULD ANY OF THE
THE EXPIRATION C
ACCORDANCE WITH I
DESCRIBED POLICIES BE CANCELLED BEFORE
iEREOF, NOTICE WILL BE DELIVERED IN
ICY PROVISIONS.
c
0198810 ACORD CORPORATION. All rights reserved.
ACORD 26 (2010/05) The ACORD name and logo are registered mark ACORD