Item C21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 4/19/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of an addendum to the lease between Monroe County and Diane M. Heberle for
the gift shop at Key West International Airport.
ITEM BACKGROUND: Ms. Heberle seeks an extension of her lease for an additional 16 years. The current lease dates
back to 1991, so the total term would equal 25 years. The new terms of the extension will increase her payments to the
airport by 45% starting in November of this year. Because annual CPI (Consumer Price Index) increases are built into
the lease, the Airports share will also increase annually. With this extension, the dollar value of this lease will increase
from $21,070.12 to $30,459.00 annually, plus CPI plus inflation on the percentage of the gross sales (5%).
PREVIOUS RELEVANT BOCC ACTION: October 9,1991 original lease approved.
November 10, 1993 current lease document approved.
STAFF RECOMMENDATION: Approval. We realize that 16 years is a long extension for a lease like this, but we feel it
is a good business decision to grant it based upon the large increase in rent and percentage of gross sales, both of which
will increase annually. Ms. Heberle is a good tenant that runs a first class operation at the Airport. She is willing to qualify
as a WBE (Women's Business Enterprise) which will help us meet the goals of our DBE (Disadvantaged Business
Enterprise) program, as mandated by the FAA (Federal Aviation Administration).
TOTAL COST: n/a
BUDGETED: n/a
COST TO COUNTY: n/a
REVENUE PRODUCING: YES
AMOUNT PER MONTHIYEAR: 30,459.00 Plus CPI
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
DIRECTOR APPROVAL
~
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
,
,
AGENDA ITEM #
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Diane Heberle d/bla The Effective Date: 10/11/00
Airport Gift Shop
Expiration Date: 10/11/16
Contract Purpose/Description:Lease extension agreement
Contract Manager:Peter Horton
(Name)
3518
(Ext,)
Airports/OS
(Department) I Courier Stop
for BOCC meeting on 4/19/00
Agenda Deadline: 4/11/00
CONTRACT COSTS
Total Dollar Value of Contract: $73 LOOO Current Year Portion: $30.459 (Revenue)
(Revenue)
Budgeted?YesD NoD Account Codes: -------
Grant: $
County Match: $
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
41~
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Date In
4/5/00
Changes Date Out
Needed ~wer
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o,trB./purltrtg J4(lbloo
County Attorney 4 -Co-oo
Comments:
OMB Form Revised 12/13/99
LEASE EXTENSION AGREEMENT
This Lease Extension Agreement is entered into on this day of April, 2000, by and between
Monroe County, a political subdivision of the State of Florida (Lessor) and Diane M. Heberle d/b/a The
Airport Gift Shop, a partnership organized and existing under the Laws of Florida (Lessee).
WITNESSETH:
WHEREAS, on November 10, 1993, the Lessor and Lessee entered into a lease whereby the
Lessee was to operate a gift shop at Key West International Airport and, which lease is scheduled to
expire on September 30, 2000; and
WHEREAS, the parties have determined that it is in their mutual beneficial interest to extend
the 1993 lease for an additional 16 years; now, therefore,
IN CONSIDERA nON of the mutual covenants and promises set forth below, the parties agree as
follows:
Section 1. A copy of the November 10, 1993 lease (the original lease) is attached to this
lease extension agreement and made a part of it.
Section 2. Article II - Term, of the original lease, is modified to extend the termination date
to September 30, 2016.
Section 3. Article III - Rentals and Fees, subparagraph A1 of the original lease, is modified
to increase the per square foot rental amount to $40.93,
Section 4. Article III - Rentals and Fees, subparagraph A2 of the original lease, is modified
to remove the exemption of the first $25,000 from the requirement that Lessee pay Lessor 5io of
Lessee's annual gross revenues. Five percent of all Lessee's annual gross revenues must be paid to Lessor,
Section 5. Except as provided in sections 2 - 4 of this lease extension agreement, in all other
respects the terms and conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUN1Y COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
ATTEST:
jdairportgift
TH:2JRPORT GIFT SHOP
By, ~{ #!- ~il
Diane M, Heberle, Lessor
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AIRPORT AGREE~ffiNT
THIS CONTRACT OF LEASE is made and entered into on the
J()~ day of t(jt~et""~I'rF ,1993, by and between the BOARD
n COUNTY COMMTSS N R 0 MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as
Lessor, and DIANE H. HEBERLE d/b/ a THE AIRPORT GIFT SHOP, a
partnership organized and existing under the laws of the State of
Florida, hereinafter referred to as Lessee.
WIT N E SSE T H:
WHEREAS, Lessor owns an airport known as Key West Interna-
tional Airport located in Monroe County, State of Florida,
hereinafter called the "AIRPORT", and
WHEREAS, Lessee is engaged in the business of maintaining a
Gift and Sundry Shop, and
WHEREAS, Lessee desires to obtain certain rights, services
and privileges in connection with the use of the Airport and its
facilities, and the Lessor is willing to grant and lease the same
to Lessee upon the terms and conditions hereinafter stated,
NOW, THEREFORE, for and in consideration of the premises and
of the mutual covenants and agreements herein contained, and
other valuable considerations, Lessor does hereby grant and lease
unto Lessee, and Lessee does hereby hire and take from Lessor,
certain premises, facilities, rights, licenses, services and
privileges in connection with and on the Airport, as follows, to
wit:
ARTICLE 1 - PREMISES
A. USE OF THE AIRPORT. Lessee shall be entitled to the
use, in common with others authorized to do so, of the Airport
and appurtenances, together with all facilities, equipment,
improvements and services which have been or may hereafter be
provided at or in connection with the Airport for common use in
the operation of a Gift and Sundry Shop and has the right to
maintain a Gift and Sundry Shop within the leasehold described
hereafter in PART B which shall include:
1. The retail sale of gift and sundry items normally
associated with an airport gift shop;
2. The retail sale of books, magazines, newspapers,
products, tobacco products and personal grooming products, and
3. Provide such services normally furnished by a Gift
and Sundry Shop and as are compatible with other activities of
the Airport.
B. LEASEHOLD. Lessee does hereby Lease, for its exclusive
use the following aescribed property:
A 303 square foot gift shop located within the
passenger terminal building at Key West Inter-
national Airport as designated in Exhibit A
attached hereto and made a part hereof.
The Lessee shall promptly execute and comply with all
statutes, ordinances, rule, orders, regulations and requirements
of the Federal, State and/or County or City governments, any and
all of their Departments and Bureaus, which are applicable to
said premises.
C. RIGHT OF INGRESS AND EGRESS. The right of ingress to
and egress-rrom, but not the use ot, except as provided in this
Lease, the premises and facilities referred to in Sections "A"
and "B" inclusive above, for Lessee, its employees, agents,
patrons, its suppliers of materials or furnishers of services;
its equipment, vehicles, machinery or other property, without
charge to Lessee, its employees, agents, patrons, suppliers of
materials or furnishers of services or their said property except
as herein otherwise provided; and provided further that nothing
herein contained shall be deemed to limit Lessor's right to
impose charges upon ground transportation services.
ARTICLE II - TERM
This Lease and all rights herein granted Lessee shall become
operative and effective on October 1, 1993, and terminate on
September 30, 2000, unless sooner terminated as hereinafter
provided. The Lessee shall have the option to renew the Lease
subject to approval of Lessor and provided that written evidence
of such renewal is given to the Lessor in writing ninety (90)
days prior to the end of the term provided herein, ,said notice to
be given in accordance with Article XXII. This agreement,
further, ratifies the continuation of the terms of the lease
entered October 9, 1991, for the period of October 1, 1992
through September 30, 1993.
ARTICLE III - RENTALS AND FEES
A. Lessee agrees to pay Lessor at such places as Lessor may
designate for the use of the premises, facilities, rights,
licenses, services and privileges granted hereunder, the follow-
ing rentals, fees and charges, all payable in monthly install-
ments covering the ensuing calendar month, unless otherwise
provided in this agreement. In the event that the commencement-
or termination of the term with respect to any of the particular
premises, facilities, rights, licenses, services and privileges
as herein provided falls on any date other than the first or last
day of a calendar month, the applicable rentals, fees and charges
for that month shall be paid for said month pro rata according to
the number of days in that month during which said particular
premises, facilities, rights, licenses, services and privileges
were enjoyed; and the Lessee agrees to pay on or before the 15th
2
day of each month following the last day of each calendar month
th;.oughout the leasehold term:
1. Rent for 303 square feet at the terminal building
to be used as a gift shop at the rate of $17.93 per square foot
per annum plus 7% state sales tax, including electricity. Rental
rates are subject to revision each year in accordance with the
airport standard rates and charges.
2. 5% of annual gross revenues in excess of $25,000.00
resulting from the conducting of a Gift and Sundry Shop business
at Key West International Airport. Payment of charges under this
subparagraph may be made annually or in installments. Annual
gross revenues are determined on a calendar year basis with the
first payment, if made annually, under this lease agreement being'
due on the excess of gross revenue over $25,000 for the period of
January 1, 1993, through December 31, 1993. If payment of
charges under this subparagraph is made once a year then it shall
be made no later than February 28 of the year subsequent to the
calendar year for which charges are due under this subparagraph.
If payments are made in installments, then the final installment
for any calendar year shall be paid no later than February 28 of
the following year.
B. The Lessee hereby agrees to maintain Financial Records
utilizing normally accepted accounting procedures. The Lessee
further agrees' that the aforementioned records will be made
available to the Lessor, it it so desires, for formal audit at
most once each six (6) months. Furthermore, the Lessor has the
right to inspect said records during normal business hours at any
time.
C. The Lessee shall charge prices comparable to those
charged by other similar businesses in the community.
D. TAXES AND ASSESSMENTS. Lessee shall pay all taxes and
assessments which may be lawfully levied by the duly constituted
taxing body upon Lessee with respect to its operation at the
Airport. The Lessor agrees not to levy any license or permit fee
or special assessment on Lessee that would restrict or interfere
with the exercise and enjoyment of the rights and privileges
granted herein; provided this shall not prevent the Lessor from
making charges to Lessee for the use of the Airport, its facil-
ities and services as herein specifically authorized.
E. Lessee shall pay for all water and gas used by Lessee
on said premises, and any license fees, and State, County and
City taxes including the sales rental tax.
F~ DEFAuLT FOR FAILURE TO PAY RENTALS, FEES AND CHARGES.
1. The prompt payment of the rent for said premises
upon the terms named, and the faithful observance of the rules,
regulations and directives which are by reference made a part
3
hereof, and of such other and further rules, regulations and/or
directives as may be hereafter made by the Lessor are the con-
ditions upon which the Lease is made and accepted, and any
failure on the part of the Lessee to comply with the terms of
this Lease, or any of said rules and regulations or directives,
now in existence, or which may hereafter be prescribed by the
Lessor, shall at the option of the Lessor, work a forfeiture of
this Lease and of all of the rights of the Lessee hereunder.
Upon said forfeiture, the Lessor, its agents or employees shall
have the right to enter said premises, and remove all persons and
property, if desired, therefrom forcibly or otherwise, and the
Lessee hereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal
proceedings to recover possession of said premises, and expressly
agrees that in the event of a violation of any of the terms of-
this Lease, or of said rules, regulations or directives, now in
existence, or which may hereafter be made, said Lessor, its
agents or employees may immediately re-enter said premises and
dispossess Lessee without legal notice or the institution of any
legal proceedings whatsoever.
2. In addition to the acts of default elsewhere
defined, the commission of any of the following acts by the
Lessee shall constitute a default, and this Lease may be ter-
minated by the Lessor immediately upon notice in writing to the
Lessee: Abandon, desert, vacate or discontinue operations on the
'premises or petition for any bankruptcy or insolvency, or be
adjudicated bankrupt, or make a general assignment for the
benefit of creditors, or suffer a lien to be filed against the
premises, or permit a receiver or trustee to come into possession
without removing them, within a reasonaple time.
ARTICLE IV - SERVICES TO PUBLIC
The Lessee agrees that in furtherance of the privileges and
uses permitted hereunder:
1. To furnish good, prompt and efficient service adequate
to meet all the d~mands for its service at the Airport;
2. To furnish said service on a fair, equal and nondiscrim-
inatory basis to all users thereof; and
3. To charge fair, reasonable and nondiscriminatory prices
for each unit of sale or service: PROVIDED that the Lessee may
be allowed to make reasonable and nondiscriminatory discounts,
rebates or other similar types of price reductions to volume
purchasers.
The work '''s'ervice'' as used in subsections 1, 2, and 3 of
ARTICLE IV, shall include furnishing of labor, materials and
supplies, related to Gift and Sundry Shop operation including the
sale thereof, as well as furnishing service.
4
ARTICLE V - RIGHT TO LEASE PROPERTY
Lessor represents that it has the right to lease the Air-
port, together with all premises, facilities, rights, licenses,
services and privileges herein granted, and has full power and
authority to enter into this Agreement in respect thereof.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Lessee shall, except as herein otherwise provided, have the
right to purchase or otherwise obtain personal property deemed by
it to be required by or incident to, Lessee's operations, its
exercise of the rights herein granted and its discharge of the
obligations herein imposed, from any person, partnership, firm,
association or corporation it may choose. Except as herein'
otherwise specifically provided, no charges, fees, or tolls, of
any nature, direct or indirect, shall be charged by Lessor,
directly or indirectly, against Lessee or its suppliers, for the
privilege of purchasing, selling, using storing, withdrawing,
handling, consuming, loading or unloading, or delivering any such
personal property of Lessee by Lessee or its suppliers or for the
privilege of transporting such personal property or persons to,
from or on the Airport.
Nothing in this Lease shall be deemed to restrict in any
manner Les sor' s right to charge any person, partnership, firm,
association or corporation rentals for the use of Lessor's
property or any improvements thereon or thereto where such use of
s aid property or improvements are .of a regular or permanent
nature as distinguished from temporary or transitory nature or
where such use is of such a nature as ,to constitut~ the perfor-
mance of a commercial business .at the Airport.
ARTICLE VII - MAINTENANCE AND OPERATIONS BY LESSOR
Except as otherwise specifically provided herein, Lessor
during the term of this Lease, shall operate, maintain and keep
in good repair the Airport, Terminal Building, vehicular parking
space, all appurtenances, facilities and services now or hereaf-
ter connected with the foregoing, including, without limiting the
generality hereof, all field lighting and other appurtenances,
facilities and services which Lessor has agreed to furnish and
supply hereunder. Provided, however, that Lessor shall not be
required to perform maintenance and make repairs occasioned by
negligence of Lessee or its employees, fire or other casualty
expected, and in which case Lessor may perform such maintenance
or make such repairs and charge the reasonable cost of same to
Lessee. Provided also that Lessor may abandon certain facilities
which are no lo~ger reasonably justified for proper and adequate
operation of the' Airport. Lessor shall keep the Airport free of
obstructions, including the clearing and removal of grass,
stones, or other foreign material, as reasonably necessary and
5
with reasonable promptness, from the runway, taxi-way and loading
areas for the safe, convenient and proper use of the Airport, and
shall maintain and operate the Airport in all respects in a
manner at least equal to the highest standards or ratings issued
by the Federal Aviation Administration, for airports of substan-
tially similar size and character and in accordance with all
rules and regulations of the Federal Aviation Administration and
any other Governmental Agency having jurisdiction thereof,
providing that nothing herein contained shall be deemed to
require Lessor to enlarge the Airport or to make extensions or
additions to the landing area, runway, taxi-way, or other appur-
tenances of the Airport.
ARTICLE VIII - MAINTENANCE AND OPERATIONS BY LESSEE
Lessee hereby accepts the premises in the condition they are
in at the beginning of this Lease, and agrees to maintain said
premises in the same condition, order and repair as they are at
the commencement of said term, excepting only reasonable wear and
tear arising from the use thereof under this Agreement, and to
compensate said Lessor immediately upon demand for any damage to
said premises caused by any act or neglect of Lessee, or of any
person or persons in their employ or under the control of the
Lessee.
The Lessee agrees to maintain the premises in a clean
condition, and to maintain an adequate number of covered metal
waste containers at suitable locations and shall deposit all
trash and waste therein for proper. disposition of such waste
materials at the disposal grounds designated by the Lessor.
, r
It is understood and agreed that no signs or advertising and
no awnings shall be erected on or in connection with the premises
leased hereunder, unless the same shall be first submitted to and
approved by the Lessor in writing.
ARTICLE IX - GOVERNMENTAL FACILITIES
It is expressly agreed that if funds for the provision,
maintenance and operation of the Control Tower and/or other air
navigation aids or other facilities required or permitted by the
United States which are now, or may be hereafter furnished by the
United States, are discontinued by the United States, Lessor
shall not be required to furnish said facilities.
ARTICLE X - RULES AND REGULATIONS
Lessor shall have the right to and shall adopt and enforce
reasonable rule$rand regulations, which Lessee agrees to observe
and ob..ey, with respect to the use of the Airport and appurte-
nances; provided that such rules and regulations shall not be
inconsistent with this Agreement nor with safety and with rules,
6
regulations and orders of the Federal Aviation Administration
with respect to aircraft operations at the Airport, with proce-
dures prescribed or approved from time to time by the Federal
Aviation Administration with respect to the operation of aircraft
of the Airport.
Lessor shall provide Lessee with a copy of such rules and
regulations from time to time.
ARTICLE XI - DA}~GE OR DESTRUCTION OR PREMISES
In the event the premises shall be partially damaged by
fire, explosion, the elements, the public enemy or other casual-
ty, but not rendered untenable, the same shall be repaired with
due diligence by Lessor at his own costs and expense. If the
damage shall be so extensive as to render such premises untenable
but capable of being repaired within thirty (30) days, the same
shall be repaired with due diligence by Lessor at its own cost
and expense, and rent payable hereunder shall be proportionately
paid up to the time as the premises shall be fully restored. In
case the premises is completely destroyed by fire, explosion, the
elements, the public enemy or other casualty, or so damaged that
it will or does remain untenable for more than thirty (30) days,
the Lessor shall be under no obligation to repair and reconstruct
the premises, and rent payable hereunder with respect to Lessee's
e~:clusive space in said premises shall be proportionately paid up
to the time of such damage or destruction and shall thenceforth
cease until such time as the premises may be fully restored. If
within ninety (90) days after such damage or destruction, Lessor
fails to notify Lessee of its intention to repair or reconstruct
the damage or destroyed premises or tp furnish a substantially
equivalent facility, Lessee may,give Lessor written notice of its
intention to then cancel this Agreement in its entirety or to
cancel, as of the date of such damage or destruction, such part
of this Agreement as relates only to said premises.
ARTICLE XII - CANCELLATION BY LESSOR
The Lessor may cancel this Agreement by giving Lessee thirty
(30) days advance written notice to be served as hereinafter
provided upon or after the happening of anyone of the following
events:
a. The filing by Les see of a voluntary petition in bank-
ruptcy.
b. The institution of proceedings in bankruptcy against
Lessee and adjudication of Lessee as a bankrupt pursuant to such
proceedings.
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c. The taking by a court of jurisdiction of Lessee and its
assets pursuant to proceedings brought under the provisions of
any Federal re-organization act.
7
d. lne appointment of a receiver of Lessee's assets.
e. The divestiture of Lessee's estate herein by other
operation of law.
f. The abandonment by Lessee of its conduct of Gift and
Sundry Shop at the Airport for a period of sixty (60) days.
g. The lawful assumption by the United States Government or
any authorized agency thereof of the operation, control, or use
of the Airport and facilities, or any substantial part or parts
thereof, in such manner as substantially to restrict Lessee, for
a period of at least ninety (90) days, from operating thereon for
the conducting of a Gift and Sundry Shop.
No waiver of default by the Lessor of any of the terms,
covenants or conditions hereof to be performed, kept and observed
shall be construed to be or act as a waiver of any subsequent
defaul t of any of the terms, covenants and conditions herein
contained t~ be performed, kept and observed by the Lessee shall
not be deemed a waiver of any right on the part of the Lessor to
cancel this Lease for failure by Lessee to so perform, keep or
observe any of the terms, covenants or conditions of this Lease.
ARTICLE XIII - CANCELLATION BY LESSEE
Lessee may cancel this Agreement any time that Lessee is not
in default in its payments to Lessor hereunder, by giving Lessor
sixty (60) days advance written notice to be served as hereinaf-
ter provided, upon or after the happening of anyone of the
following events: .
a. Issuance by any court of competent jurisdiction of an
injunction in any way preventing or restraining the use of the
Airport or any part thereof for airport purposes, and the remain-
ing in force of such injunction for a period of at least ninety
(90) days.
b. The inability of Lessee to use, for a period in excess
of ninety (90) days, the Airport or any of the premises, facil-
ities, rights, licenses, services or privileges leased to Lessee
hereunder, because of fire, explosion, earthquake, other casual-
ty, or acts of God or the public enemy, provided that same is not
caused by negligence or willful acts of failure to act on part of
Lessee.
c. The default by the Lessor in performance of any covenant
or agreement herein required to be performed by the Lessor and
the failure of " }:..essor to remedy such default for a period of
ninety (90) days after receipt from Lessee of written notice to
remedy same; provided, however, that no notice of cancellation,
as provided above, shall be of any force or effect if Lessor
8
shall have remedied the default prior to receipt of Lessee I s
notice of cancellation.
d. The lawful assumption by the United States Government or
any authorized agency thereof of the operation, control or use of
the Airport and facilities, or any substantial part or parts
thereof, in such a manner as substantially to restrict Lessee,
for a period of at least ninety (90) days, from operating thereon
for the conducting of a Gift and Sundry Shop.
Lessee's performance of all or any part of this Agreement
for or during any period or periods after a default of any of the
terms, covenants and conditions herein contained to be performed,
kept and observed by Lessor, shall not be deemed a waiver of any
right on the part of the Lessee to cancel this Agreement for
failure by Lessor to so perform, keep or observe any of the terms'
covenants or conditions hereof to be performed, kept or observed.
No waiver of default by Lessee of any of the terms, covenants or
conditiou.s hereto to be performed, kept and observed by the
Lessor shall be construed to be or act as a waiver by Lessee of
any subsequent default of any of the terms, covenants and con-
ditions herein contained to be performed, kept and observed by
the Lessor.
ARTICLE XIV - INDEMNITY
Lessee agrees to indemnify and hold harmless the Lessor from
any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by
reason of the Lessee utilizing the property gov~rned by this
lease agreement.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere in
this agreement.
ARTICLE XV - INSURANCE
Prior to the
obtain, at his/her
attached schedules,
agreement.
effective date of this lease, Lessee shall
own expense, insurance as specified in the
which are made a part of this lease
. The Lessee will not be permitted to use the lease property
until satisfactory evidence of the required insurance has been
furnished to the Lessor as specified below.
Lessee sha.1,l maintain the required insurance, throughout the
entir~ term of' this lease agreement and any extensions, as
specified in the attached schedules. Failure to comply with this
provis ion may resul t in the immediate termination of the lease
agreement and the return of all property owned by the Lessor.
9
Lessee shall provide, to
evidence of the required insurance,
the Lessor,
either:
as
satisfactory
Certificate of Insurance
or
A Certified copy of the actual insurance policy.
Lessor, at its sole option, has the right to request a
certified copy of any or all 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'
notification is given to the Lessor by the insurer.
The acceptance and! or approval of the Lessee's insurance
shall not be construed as relieving the Lessee from any liability
or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners will be
included as "Additional Insured" on all policies. They will also
be named as "Loss Payee" with respect to Fire Legal Exposure.
Any deviations from these General Insurance Requirements
must be requested in writing on the County prepared form entitled
"Reques t for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
ARTICLE XVI - R~SK
All personal property placed or moved in the premises above
described shall be at the risk of the Lessee or Owner thereof,
and Lessor shall not be liable to the Lessee for damages arising
from any act of negligence of any co-tenant, or of any other
person whomsoever, except as stipulated hereinabove.
ARTICLE XVII - QUIET ENJOYMENT
Lessor agrees that, on payment of the rent and performance
of the covenants and agreements on the part of Lessee to be
performed hereunder, Lessee shall peaceably have and enjoy the
leased premises and all rights and privileges of said Airport,
its appurtenances and facilities granted herein.
ARTICLE XVIII - SURRENDER OF POSSESSION
-Upon the ~~piration or other termination of this Lease or
any r~newal thereof, Lessee's right to use the premises, facil-
ities, rights, licenses, services and privileges herein leased
shall cease forthwith upon such expiration or termination surren-
der the same.
10
Except as otherwise provided ~n ARTICLE XVIII, all struc-
tures, fixtures, improvements, equipment and other property
bought, installed, erected or placed by Lessee in, on or about
the Airport and premises leased under this Lease shall be deemed
to be personal and remain the property of the Lessee and Lessee
shall have the right at any time during the term of this Agree-
ment, or any renewal or extension hereof, to remove any or all of
its property from the Airport; provided, however, that Lessee is
not in default in its payments to Lessor hereunder and provided
Lessee shall restore said premises to its original condition as
at the beginning of occupancy, ordinary wear and tear, damage by
elements, fire, explosion or other causes beyond control of
Lessee excepted. Any and all property not removed by Lessee as
set forth herein, shall thereupon become a part of the premises
on which it is located and title thereto shall thereupon rest in
the Lessor. Provided further that Lessor reserves the right t~
require Lessee to remove such improvements and property at
Lessee's expense.
ARTICLE XIX - DEFINITION OF TERMS
Whenever the term Federal Aviation Administration is used in
this Lease, it shall be construed as referring to the Federal
Aviation Administration created by the Federal Government under
the Federal Aviation Act of 1958, or such other Federal Govern-
ment authority as may be the successor thereto or to be vested
with the same or similar authority.
Whenever the terms "person" and "persons" are used in the
Lease, they shall be construed as including individuals, firms,
corporations and other legal entities. When in this Agreement
written approval by Lessor is required_ except for ,assignment or
modification of the terms of this lease which shall require
written approval of the Board of County Commissioners, such
wri tten approval may be given by the Director of Airports for
Lessor.
ARTICLE XX - NO ASSIGNMENT
Lessee shall not at any time assign this Agreement or any
part thereof, nor sublet all or any portion of the leased prem-
ises herein without written approval of Lessor; provided that the
foregoing shall not prevent the assignment of this Agreement to
any corporation with which Lessee may merge or consolidate, or
which may succeed all or any portion of the business of Lessee.
ARTICLE XXI - INSPECTION BY LESSOR
Lessor shall be entitled, during reasonable hours, to enter
the premises l~t under this lease and to inspect for damage or
unsafe conditions.
11
ARTICLE XXII - NOTICES
Notices to Lessor provided for herein shall be sufficient if
sent by certified mail, return receipt requested, postage pre-
paid, addressed to:
Director of Airports, Monroe County
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, Florida 33040
and notice to Les see, if sent by certified mail, return receipt
requested, postage prepaid, addressed to:
The Airport Gift Shop
3495 South Roosevelt Boulevard
Key West, Florida 33040
Attention: Diane Heberle
or to such other respective addresses as the parties may desig-
nate to each other in writing from time to time.
ARTICLE XXIII - PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience
of reference and are not intended to define or limit the scope of
any provision in this Lease.
ARTICLE XXIV - INVALID PROVISIONS
In the event any covenant, condition or provision herein
contained is held to be invalid by any court of competent juris-
diction the invalidity of any such cQvenant, condJtion or pro-
vis ion shall in no way affect any other covenant, condition or
provision herein contained; provided that the invalidity of such
covenant, condition or provision does not materially prejudice
either Lessor or Lessee in its respective rights and obligations
contained in the valid covenants, conditions provisions of this
Lease.
ARTICLE XXV - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
Lessor covenants and agrees not to enter into any lease,
contract or agreement with any other Gift and Sundry Shop with
respect to the Airport containing more favorable terms than this
Lease or to grant to any other Gift and Sundry Shop rights,
privileges or concessions with respect to the said Airport which
are not in accord to the Lessee hereunder unless the same terms,
rights, privileges and concessions are concurrently made avail-
able to the Lessee.
. ,
ARTICLE xxvt - SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All the covenants, stipulations and agreements in this Lease
shall extend to and bind the legal representatives, successors
and assigns of the respective parties hereto.
12
ARTICLE XXVII - NON-DISCRIMINATION CLAUSE
The Lessee in exercising any of the rights or privileges
herein granted to him shall not on the grounds of race, color or
national origin discriminate or permit discrimination against any
other person or groups of persons in any manner prohibited by
Part 15 of the Federal Aviation Regulations, and the Lessor is
hereby granted the right to take such action, anything to the
contrary herein notwithstanding, as the United States may direct
to enforce this non-discrimination covenant.
ARTICLE XXVIII - INTERPRETATION OF LEASE
Nothing in this Lease shall be construed or interpreted in
any manner, whatsoever as limiting, relinquishing, or waiving of
any rights of ownership enjoyed by Lessor in the Airport proper-'
ty, or in any manner waiving or limiting its control over the
operation, maintenance, etc. , of Airport property or in
derogation of such governmental rights as Lessor possesses,
except as is specifically provided for herein.
IN WITNESS WHEREOF, the parties have caused this Lease to be
executed as of the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
By
THE AIRPORT GIFT SHOP
By
essee
.' ./'
13
Api'll 22. 1<)'),1
I'" 1',,"liO{;
)
GENERAL LlAnlLITY
INSURANCE UEQUIREMENTS
FOR
LEASE/RENTAL OF PROPERTY
OWNED llY TilE COUNTY
BETWEEN
MONROE COUNTY, FLORIOA
, AND
DIANE M. HEBERLE
d/b / a TIlE AIRPORT GIFT SHOP
Prior to the Organization/Individual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall obtain General Liability Insurance,
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· B1anket,Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
· Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
,
, !
If split limits arc provided, the minimum limits acceptable shalf be:
$100,000 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 afier the elTective 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 termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
" ,,'
)
A4mini:.traliv<: h~nK1ivn
/f47<l'J ,(
lX
April 22. I'J'J.I
,... "rilllill!;
1
WOIU<ERS' COMPENSATION
INSURANCE UEQUJREMENTS
' FOn
CONTRACr LEASE GIFT SHOP
nE1WEEN ".
MONROE COUNTY, FLORII>A
AND
DIANE HEBERLE dba THE-AIRPOR~ GIFT SHOP
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance wilh limits sufficient 10 respond 10 the applicable slale sta(uI~.
In addition, the Contractor shall obtain Employers' Liabilily Insurance wilh limits of no I less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
S500,000Bodily Injury by Disease, each employee
Coverage shaH be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized 10 transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
Ifthe Contractor has been approved by the Floridas Department ofL"bor, as an "ul/lOrized self-
insurer, the County sh,,1I recognize "nd honor (he Cont"'ctor's ""tus. The Contractor lI1"y be
required 10 submit a LeHer of Authoriznlion issued by the Department of Labor and a Cerlificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
Ifthe Conlractor P"rtieipales in a self-insurance fund, a Certificate of Insurance will be required.
In addilion, the Conlractor may be required to submit updated financial statements from the fund
upon request from the County.
" "'~
Administrative /rr.1ruc1ion
I/,no'),'
40
. \1" Ii 22. ll'f/.a
I ~ll'rJl:ll,;In;..
lHONROE COUNTY. FLOIUOA
RCIIIH;~t For Wai,'cr
Ilf
In!iul'ancc Requiremcnts
II is rcqllcslcd lhallhc insurancc rcquirclllcnls. as spccificd inlhc Counly's Schcdule of Insurancc
Rcquircmcnls. bc waivcd or 1Il0dificd on Ihc following cOnlracl.
Contraclor:
SDrin~ho~rn F.nrprrr;ge~, IRe /ni~np Hphprlp
Contract for:
Airport Gift Shop
Addrcss of Contractor:
3495 S; Roosevelt Blvd.
Key West, FL 33040
Phonc:
294-5055
Seopc of Work:
Retail Gift Shop
Rcason for Wai\'cr:
Only tW'o employees W'ho do not do any manual labor,
clerks position W'ho also cashiers. Request Workers
Compensation requirement be lower to Fla' State Stat~te
Signaturc ofColllractor: .4..d?"~ It, .#~
/
Approvcd ~ Not Approvcd
. _. .~ '--....
C ': \--7\) - f r
Risk Managclllcnt L..J '-r) ',I' ~L ~--..
Date I h I ij i
COtlnt~. Adlllilli~(ral()j' ;Ippca/:
Approved:
NOl Approved:
Dale:
Ooard OrCOtllll~' COlIlII:i:;sioncrs a[Jpc;ll:
..' / ^ppro\'cd:
Not Appro\'cc..l:
Mccting Dale:
WAIVER
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110'-1 Tn..imiin;VCnue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
r:. C. Be.x 3:23 COMPANIES AFFORDING COVERAGE
KL'Y \'I',,~t, Fl 3304' -G:L']
COU~ANY ~Jii t i O[\d ]
Sur ,?~) :-::or;::-or6t.in":
--, --
INSURED
S~rin0board Er.ter~rises,
,-1~1: Air~rt Gift 5t~cr.;
~49S S Roosevelt Dive.
Key West, FL 33040
In::.
COMPANY
B
l'SFF"C;
APPROVED BY RISK MANAGEMENT
BY. 09*/L-Y ~JL-
I L7/R
UAlt I
COMPANY
C
COMPANY
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I~Ct _ _ .;~:;~~'~~:~~t~~t~:"~~f~-~~?'~~~J:-~~l.~~~.:;;~;;~rr.?~~~~w.:;~._~~.~:i:";~;t';; I ~~:. .,:.!~~ii:;~~~:~':;:.~~.~ .:~( _ ::.._~~.~.;5::7~:"'-
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,
co-' . - - p~:,-~ ~E -- - ---POUC~-NUWBER POUCY Ef1'ECl1V--;r-~y EXPlRAllONl
L 1ll DATE (IAIIOOIYY) DATE (IIM'DOIYY) ,
GENERAL AGGREGATE
PAOOUCT&<:OIoIP/OP AGG
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Any one h)
YEn EXP (Any one ~)
I COMBINED SINGLE UIoIIT
I BOOlL Y IfWAY
I (Pw perD'I)
,/
I.MTS
GENERAL UAa.JTY
-
X COMMERCIAl GENERAl LIABILITY
I Cl..AUoIS IoIADE ~ OCCUR
OWNER'S & CONT PROT
BSP70000766001
07/12/93
07/12/94
s 60G,QGO.
s 600, 000 .
s 3CO, 000.
s 300, 000 .
s 50,OOC;.
s 5,000.
1.)
~.
-
-
AUTOM08LE UAa.JTY
~
AMY AUTO
s
~
~
ALl. OWNED AUTOS
SCHEOUL.EO AUTOS
~ AUTOS
s
~
~
NCJN.<lWNED AUTOS
DOOIl Y INJURY
(Pw IIlXiaenlj
s
~
~
PROPERTY cwu.GE
s
G.UU4II UAa.JTY
f-
AMY AUTO
~
~ei ved
Risk M~t. & Loss Con 1'01
DATE IJ - :5 - ~y
,~
AUTOON..Y:EAAcci>eHT s
OlHEA 1liNl NJro ON..Y: - ...,
, EACH ACCIOENT
AGGREGATE
.. -..-..... "..
~ u.....rTY
yl..ll8l1El.L' FORW
OTHER TlWll ~ FORU
Ii'ONCDIa ~TIOIC""
~ LIMLlTY
lNITIAL
EACH OCCURREHC€
AGGREGATE
S
$
$
$
I s
17-~~:~0.
IS 500,000.
$ 100,000.
f-
4<:'
I
p:r=lAMis
DlSEASE.POUCYLloClT
DISEASE . EACH EWPLOYEE
TliE~
PARTlERSIEXECUTIVE
0f'FlCERS ARE:
0'TltER
Einder #
n INCL C8-!2416-93344-D'J1026
rxl EXCL
;"f........:.~_
A
12/03/Q3 I 12/03/94
OF 0PERA'TlOHliILOCA~QAL. ITEMS
.. :tE-.or:nr:Jlt;C .~~~<~~\:':!"';';):.'r.'~~~;""~"'->;""1.-r~-'.:l'..,;' .., ;rlC1.t:~:~->~~L~~lR"""W~~~tJ,.:.,;
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, SHOUl.D AJ(Y OF lltE .uIOVE ~ POLICES lIE: u-> I I'D BEFORE lllE
EXPIRATlOH DATE ~. lltE ~ COIWi'AJ(Y -.L ENDEAVOR TO MNL
30 DA Y'S WInTEN MOl1CI': TO lltE CERllACATE HOLDER NMEl TO TllE LEFT,
IWT FAA..UAE TO MAL SUCH N01lCE SHALl.. ~ NO 08UGAT1ON OR LIABILITY
OF AJ(Y IOMD lA"ON lltE COIWi'AMY. lTlI AGEHTS OR REPtlClEHTAllVES,
l'"""!'!l:::':~'_~"'.~;r;r;''''~~",~~ d7~C!.q((&CS-=K .. . ;,..,
cC ._
Monroe County Risk
5l00-,College Road
Key We~~, FL 33040
Management