Item C04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/17/00
5/18/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of Automated Teller Machine agreement with First National Bank of the Florida
Keys for the Florida Keys Marathon Airport.
ITEM BACKGROUND: FNB wishes to continue providing ATM services at the Florida Keys Marathon Airport.
PREVIOUS RELEVANT BOCC ACTION: Approval of ATM agreement, September 1994. (attached) Approval to operate
month to month pending new agreement, 4/19/00.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: $2,243.20
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
DOCUMENTATION: Included X
To Follow
Not Required
~
AGENDA ITEM # ~ ..(.LJ.
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: First National Bank of the Florida Keys
Effective Date: 3/2/00
Expiration Date: 3/1/05
Contract Purpose/Description: Agreement with FNB to operate an Automated Teller Machine at the Marathon
Airport.
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
for BOCC meeting on: 5/17/00
Agenda Deadline: 5/3/00
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/ A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: 403-344101
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
County Attorney
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- Rob Wolfe ~~
Airports Director
Risk Management
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O.M.B.lPurOf}iasing
Comments:
AUTOMATED TELLER MACHINE AGREEMENT
MARATHON AIRPORT
THIS AGREEMENT is made and entered into on the day of ,
2000, by and between MONROE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "Lessor," and FIRST NATIONAL BANK OF THE FLORIDA KEYS, a
national chartered, locally owned, independent bank, hereinafter referred to as "Lessee";
WHEREAS, Lessor desires to grant to Lessee a right to maintain and operate an
automated teller machine at the Marathon Airport at Marathon, Florida, hereinafter
referred to as "Airport": and
WHEREAS, Lessor and Lessee desire, in connection with said operations, to
provide for the leasing by Lessor to Lessee of certain space in the Terminal at the
Airport; now, therefore
IN 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 for its exclusive use to install,
maintain and operate an automated teller machine space designated "ATM" in Exhibit A,
attached hereto and incorporated herein, located in the airline terminal at Marathon,
Monroe County, Florida, said space containing approximately 6 square feet.
2. Term - This agreement is for a term of five (5) years, commencing March 2,
2000, and expiring on March 1, 2005.
3. Rental and Fees - Lessee, for and during the term hereof, shall pay to
Lessor occupancy of said premises an annual sum of $2,086.70 plus applicable tax to be
paid on or before the first day of each contractual year, subject to CPI adjustment for
the second through fifth years as follows: The annual adjustment shall be made in
accordance with percentage change in the Consumer Price Index (CPI) for all urban
consumers (CPI-U) for most recent 12 months available and shall be based upon the
annual average - CPI computation from January 1 through December 31 of the previous
year, The annual fee shall compensate Lessor for both the premises and related electric
utilities.
4. Accountina Procedures - Lessee agrees that it will make available to Monroe
County, a full and complete book of accounts and other records pertaining to the leased
space, improvements thereon and the rental payments. The records shall not include
any records of any financial transactions actually conducted at the ATM. The County,
acting through its Finance Director or other authorized representative, shall, upon
reasonable notice, have the right to inspect and audit said records.
5. Eauioment - Lessee shall install, maintain and operate on the premises the
Diebold model 1064 self standing ATM or an ATM of equivalent characteristics including
but not limited to a front load lObby cash dispenser ATM configuration, 8 Braille operation
keys and 11 key Braille keypad, 2 denomination multi-media dispenser with presenter,
basic alarm sensors, enhanced brightness CRT, and side module with fire resistant waste
receptacle and brochure pockets. This equipment shall be and remains the property of
Lessee and shall be removed at the end of lease term, Lessee shall furnish, install and
maintain the data communications line, bearing all costs associated with data
communication installation, terminal setup, ongoing terminal administration fees and
ongoing modem charges. Lessee may place signage on the ATM equipment.
Lessee has the right during the term hereof, at its own expense, at any time to
install, maintain, operate, repair and replace said equipment in connection with its
operation at the Airport, all of which shall be and remain the property of Lessee and
shall 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 equipment or other personal
property shall not constitute Lessee a hold-over, but Lessee shall pay Lessor for any
costs of removal and storage if the property is not removed by Lessee within ten (10)
days after Lessee receives a written demand for such removal. The removal and
storage costs shall be paid to Lessor before Lessee can obtain the equipment.
6. Damaae and Iniury - Lessee covenants that it and all of its agents,
servants, employees, and independent contractors will use due care and diligence in all
of its activities and operations at the Airport and shall repay or be responsible to
Monroe County for all damages to the property of the County which may be caused by
an act or omission on the part of the Lessee, its agents, servants, or employees.
Except to the extent that such damage to the property is covered by insurance required
to be provided by the Lessee under any provision hereof, or is provided by Monroe
County (except subrogation rights of the County's carrier), Lessee shall pay, on behalf
of the County, all sums which the County shall become obligated to pay by reason of
the liability, if any, imposed by law upon the County for damages because of bodily
injury, including damages for care and loss of service, including death at any time
resulting from bodily injury and because of injury t%r destruction of property,
including the loss or use thereof which may be caused by or result from any of the
activities, omission, or operations of the Lessee, its agents, servants, or employees at
the Airport.
7. Other Develooment of Airoort - Monroe County reserves the right to further
develop or improve the landing area of the Airport as its sees fit, regardless of the
desires or views of the Lessee, and without interference or hindrance; provided,
however, that in no event can the County deprive the Lessee of reasonable and direct
routes of ingress and egress to the premises.
8. Terminal Area Plannina - Lessee aCknowledges that Monroe County has
Master Plans including terminal area revisions. Lessee hereby agrees to cooperate to the
fullest with the County, especially in those areas of terminal improvements which may at
some time cause relocation of ATM. Relocation shall be made to a new location only by
mutual agreement. If parties cannot agree upon a new location, this Lease may be
terminated by mutual accord.
9. Lessee's Obliaations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at Stich times as
the same are payable, with rental payments to be made by check payable to "Airport
Operation and Maintenance Fund" and mailed to Airport Business Office, 3491 S
2
'"
Roosevelt Blvd., .Key West, FL 33040;
(b) to make no alterations, additions or improvements to the demised
premises without the prior written consent of Lessor, which consent shall be not be
unreasonably withheld;
(c) to keep and maintain the demised premises in good condition, order
and repair during the term of this agreement, and to surrender the same upon the
expiration of the term in the condition in which they are required to be kept, reasonable
wear and tear and damage by casualty, not caused by Lessee's negligence, riot and civil
commotion, excepted;
(d) to observe and comply with any and all requirements of the
constituted public authorities and with all federal, state or local statutes, ordinances,
regulations, and standards applicable to Lessee or its use of the demised premises,
including, but not limited to, rules and regulations promulgated from time to time by or
at the direction of Lessor for administration of the Airport;
(e) to 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;
(f) to control the conduct, manner and appearance of its officers, agents,
and employees, and any objection from the Director of Airports concerning the conduct,
manner or appearance of such persons, Lessee shall forthwith take steps necessary to
remove the cause of the objection: and
(g) to erect signage only on the ATM unit and to maintain any such
signage in good condition.
10. Lessor's Inspection and Maintenance - Lessor and its authorized officers,
employees, agents, contractors, subcontractors and other representatives shall have the
right to enter upon the demised premises for the following purposes:
(a) to inspect the demised 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; or
(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 demised premises, and to construct, maintain, repair, relocate and
remove such facilities in the future if necessary to carry out the Master Plan of
development of the Airport; provided, however, that said work shall in no event disrupt
or unduly interfere with the operations of Lessee, that five days prior ng.tice shall be
given to Lessee of said work except in an emergency, and provided further, that the
entire cost of such work, including but not limited to the cost of rebuilding, removing,
3
relocating, protecting or otherwise modifying any fixed improvements at any time
erected or installed in or upon the demised premises by Lessor, Lessee or third parties,
as a result of the exercise by Lessor of its rights hereunder, and the repair of all damage
to such fixed improvements caused thereby, shall be borne solely by Lessor.
(c) to include Lessee's ATM unit in any directory installed at the Airport;
(d) to abate rent for any periods during which Lessee cannot be open for
business due to any failure of Lessor to perform its obligations under this agreement.
11. Indemnification - Lessee shall indemnify and hold Lessor forever harmless
from and against all liability imposed upon Lessor by reason of legal liability for injuries
to persons, or wrongful death, and damages to property caused by Lessee's. operations
or activities on such premises or elsewhere at the Airport, provided that Lessor shall give
Lessee prompt and timely notice of any claim made against Lessor- which may result in
a judgment against Lessor because of such injury or damage and promptly deliver to
Lessee any papers, notices, documents, summonses, or other legal process whatsoever
served upon Lessor or its agents, and provided further that Lessee and its insurer, or
either of them. shall have the right to investigate, compromise, or defend all claims,
actions, suits and proceedings to the extent of Lessee's interest therein;. ,and in
connection therewith, the parties hereto agree to faithfully cooperate with each other
and with Lessee's insurer or agents in any said action.
12. Liability Insurance -The Lessee agrees to indemnify and hold the Monroe
County free and harmless from any and all claims, suits, loss or damage, or injury to
persons or property of whatsoever kind and nature in its operation, installation and
maintenance of this equipment. The Lessee shall procure and maintain insurance of the
types set forth in Exhibit B, a copy of which is attached and made a part of this
agreement. If the initial insurance expires prior to the completion of this agreement,
renewal certificates shall be furnished thirty (30) days prior to the date of expiration.
13. Non-Discrimination - Lessee shall furnish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to all persons or users thereof,
charging fair, reasonable, and non-discriminatory prices for all items and services which
it is permitted to sell or render under this agreement. Lessee shall not discriminate in its
employment practices against any person on the basis of race, sex, creed, color, national
origin, age or any other characteristic or aspect which is not job related.
14, Rules and Regulations - Lessee agrees to observe and obey, during the
term of this agreement, all laws, ordinances, rules and regulations promulgated and
enforced by the County and by any other proper authority having jurisdiction over the
conduct of the operations at the Airport. Within thirty (30) days from the date of this
contract, the County shall provide Lessee a written list of all rules and regulations which
it has promulgated up until that time and which will affect the Lessee's operations
hereunder. In the event new rules and regulations are contemplated, written notice of
same shall be furnished to Lessee, and Lessee. will be given thirty (30) days to comply.
In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders -him in his operation under this agreement, the Le~see shall so
notify the County, and the parties hereto agree that any problem arising incidental
thereto will, as much as possible, be worked out between the parties without the
4
necessity to resort to further legal remedies.
15. Furnishina of Service - The Lessee further covenants and agrees that he
will, at all times during the continuance of the term hereby demised and any renewal or
extension thereof, conduct, operate, and maintain for the use of the public, the
Automated Teller Machine provided for and described herein, and all aspects and parts
and services thereof as hereinabove defined and set forth, and will make all such
facilities and services available to the public and that he will devote his best efforts for
the accomplishment of such purposes.
16. United States' Reauirements - 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 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.
17. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has
lawful possession thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee shall have, hold and enjoy quiet,
peaceful and uninterrupted possession of the premises and fights herein leased and
granted, subject to performance by Lessee of its obligations herein.
18. Cancellation bv Lessor - If any of the following events occur, the Lessee
shall be deemed to be in default of its obligations under the agreement, in which case
Monroe County shall give the Lessee notice in writing to cure such default within thirty
(30) days, or the lease will be automatically canceled at the end of that time and such
cancellation will be without forfeiture, waiver, or release of the County's right to any
such of money due pursuant to this agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors,
or file a voluntary petition in bankruptcy or a petition or answer seeking its
reorganization or the readjustment of its indebtedness under the Federal Bankruptcy
Laws of any other similar law or statute of the United States or any state, or
government, or consent to the appointment of a receiver, trustee or liquidator of all or
substantially all of the property of Lessee;
(b) if any order or decree of a court of competent jurisdiction Lessee shall
be adjudged bankrupt or an order shall be made approving a petition seeking its
reorganization, or the readjustment of its indebtedness under the FederaJ Bankruptcy
Laws of any law or statute of the United States or any state, territory, or possession
thereof or under the law of any other state, nation, or government, provided, that if such
5
judgment. or order be stayed or vacated within ninety (90) days after the entry thereof,
any notice of cancellation given shall be and become void and of no effect;
(c) if by or pursuant to any order or decree of any court or governmental
authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator
shall take possession or control of all or substantially all of the property of Lessee for the
benefit of creditors, provided, that if such order or decree be stayed or vacated within
sixty (60) days after the entry thereof or during such longer period in which Lessee
diligently and in good faith contests the same, any notice of cancellation shall be and will
become null, void and of no effect;
Cd) if Lessee fails to pay the rental charges or other money payments
required by this instrument and such failure shall not be remedied within thirty (30) days
following receipt by Lessee of written demand from Lessor to do so;
(e) if Lessee defaults in fulfilling any of the terms, covenants, or
conditions required of it hereunder and fails to remedy said default within thirty (30)
days following receipt by Lessee of written demand from Lessor to do so, or if, by reason
of the nature of such default, the same cannot be remedied within thirty (30) days
following receipt by Lessee of written demand from Lessor to do so, then, if Lessee shall
have failed to commence the remedying of such default within thirty (30) days following
such written notice, or having so commenced, shall fail thereafter to continue with
diligence the curing thereof:
(f) if the Lessee shall desert or abandon the premises for seven (7)
consecutive calendar days;
(g) if the ATM of the Lessee hereunder shall be transferred, subleased, or
assigned in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax; assessments;
utility rent, rate or charge: or other governmental imposition; or any other charge or lien
against the premises leased hereunder within any grace period allowed by law, or by the
governmental authority imposing the same, during which payment is permitted without
penalty or interest; in complying with this subparagraph the Lessee does not waive his
right to protest such tax, assessment, rent, rate or charge; or
(i) if the Lessee fails to prOVide service as required by specifications for
five days during any thirty day period, unless such failure is caused by the Lessor's
failure to fulfill its lease obligations war, an act of God, national emergency or a labor
strike of which the Lessee has given the County immediate notice, the lease may be
canceled within thirty (30) days of the giving of notice by the County and the Lessee
shall not be permitted to cure such default.
19. Additional Remedies - In the event of a breach or a threatened breach by Lessee
of any of the agreements, terms, covenants and conditions hereof, the County shall have
the right of injunction to restrain said breach and to invoke any remedy allowed by law
or equity, as if specific remedies, indemnity or reimbursement were not her~in provided.
The rights and remedies given to Monroe County are distinct, separate and cumulative,
and no one of them, whether or not exercised by the County, shall be deemed to be in
6
exclusion of any of the others herein or by law or in equity provided. No receipt of
monies by Monroe County from Lessee after the cancellation or termination hereof shall
reinstate, continue or extend the term, or affect any notice previously given to Lessee,
or operate as a waiver of the right of the County to enforce the payment of rentals and
other charges then due or thereafter falling due, or operate as a waiver of the right of
the County to recover possession of the premises by suit or otherwise. It is agreed that,
after the service of notice to cancel or terminate as herein provided, or after the
commencement of any proceeding, or after a final order for possession of the premises,
the County may demand and collect any monies due, or thereafter falling due, without in
any manner affecting such notice, proceeding, or order, and any and all such monies and
occupation of the premises, or at the election of the County on account of Lessee's
liability hereunder. The parties agree that any litigation arising out of the agreement
shall be brought in Monroe County, Florida, and determined under the laws of the State
of Florida. The prevailing party shall be entitled to any reasonable attorney's fees
incurred in the enforcement of the agreement, regardless of whether or not a lawsuit is
filed, including but not limited to all costs and attorney's fees incurred in collecting, trial,
bankruptcy or reorganization proceedings or appeal of any matter hereunder and all
costs, charges and expenses incurred herein.
20. Cancellation by Lessee - Lessee shall have the right upon written notice to~Lessor,
to cancel this agreement in its entirety upon or after the happening of one or more of the
following events, if said event or events is then continuing:
(a) the issuance by any court of apparent competent jurisdiction of an
injunction, order, or decree preventing or restraining the use by Lessee of all or any
substantial part of the demised premises or preventing or restraining the use of the
Airport for usual airport purposes in its entirety, or the use of any part thereof which
may be used by Lessee and which is necessary for Lessee's operations on the Airport,
which remains in force unvacated or unstayed for a period of at least one hundred
twenty (I 20) days;
(b) the default of Lessor in the performance of any of the terms,
covenants or conditions required of it under this instrument and the failure of Lessor to
cure such default within a period of thirty (30) days following receipt of written demand
from Lessee to do so, except that if by reason of the nature of such default, the same
cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel if
Lessor shall have failed to commence to remedy such default within said thirty (30) days
following receipt of such written demand, or having so commenced, shall fail thereafter
to continue with diligence the curing thereof:
(c) the inability of Lessee to conduct its business at the Airport in
substantially the same manner and to the same extent as theretofore conducted, for a
period of at least ninety (90) days, because of (i) any law, (ii) any rule, order, judgment,
decree, regulation, or other action or non-action of any Governmental authority, board,
agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are
totally destroyed or so extensively damaged that it would be imp@cticable or
uneconomical to restore the some to their previous condition as. to which Lessee is the
sole judge. In any such case, the proceeds of insurance, if any, payable by reason of
7
such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same
proportion of such proceeds as the then expired portion of the lease term bears to the
full term hereby granted, and Lessee receiving the balance thereof. If the damage
results from an insurable cause and is only partial and such that the said fixed
improvements can be restored to their prior condition within a reasonable time, then
Lessee shall restore the same with reasonable promptness, and shall be entitled to
receive and apply the proceeds of any insurance covering such loss to said restoration, in
which event this agreement shall not be canceled but shall continue in full force and
effect, and in such case any excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion of the Airport or
the Airport facilities, or in the event that any agency or instrumentality of the United
States Government, or any state or local government occupies the Airport or a
substantial part thereof, or in the event of military mobilization or public emergency
wherein there is a curtailment, either by executive decree or legislative action, of normal
civilian traffic at the Airport or the use of motor vehicles or airplanes by the general
public, or a limitation of the supply of automobiles or of automobile fuel, supplies, or
parts for general public use, and any of said events results in material interference with
Lessee's normal business operations continuing for a period in excess of fifteen (15)
days; .
(f) in the event that at any time prior to or during the term of this
agreement, Lessee's presently existing right to operate an ATM at the Airport is
withdrawn, canceled, terminated, or not renewed by Lessor:
(g) the taking of the whole or any part of the demised premises by the
exercise of any right of condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a
majority of the scheduled air transportation serving the local area no longer operates
from the Airport: or
(i) if at any time during the basic term hereof or the option periods, the
Airport or terminal building is removed to a place more than three (3) road miles in
distance from its present location.
21. Lessee's Reserved Rights - Nothing contained in this Agreement shall limit or
restrict in any way such lawful rights as Lessee may have now or in the future to
maintain claims against the federal, state, or municipal government, or any department
or agency thereof, or against any interstate body, commission or authority, or other
public or private body exercising governmental powers, for damages or compensation by
reason of the taking or occupation, by condemnation or otherwise, of all or a substantial
part of the demised premises, including fixed improvements thereon, or of all or a
material part of the Airport with adverse effects upon Lessee's use and enjoyment of the
demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to
cooperate with Lessee in maintenance of any just claim of said nature, and to refrain
from hindering, opposing, or obstructing the maintenance thereby by Lessee.
22. Assignment and Subletting - Lessee shall not assign or sublet thi5 agreement
without prior written consent of Lessor, nor permit any transfer by operation of law of
Lessee's interest created hereby, other than by merger or consolidation.
a
23. 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.
24. Liens - Lessee shall cause to be removed any and all liens of any nature arising
out of or because of any construction performed by Lessee or any of its contractors or
subcontractors upon the demised premises or arising out of or because of the
performance of any work or labor upon or the furnishing of any materials for use at said
premises, by or at the direction of Lessee.
25. Time - In computing Lessee's term within which to commence construction of any
fixed improvements or to cure any default as required by this Lease, there shall be
excluded all delays due to strikes, lockouts, acts of God and the public enemy, or by
order or direction or other interference by any municipal, State, Federal or other
governmental department, board, or commission having jurisdiction, or other causes
beyond Lessee's control.
26. Paragraph Headings - Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any
paragraph. " "
27. 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 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.
For Lessor
Board of County Commissioners
P. O. Box 1680
Key West, FL 33040
For Lessee
First National Bank of the Florida Keys
12640 Overseas Highway
Marathon, FL 33050
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
By
Title
jdairportatm
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
FIRST NATIONAL BANK OF THE
FLORIDA KEYS
By ~~.~I.,..fft
Title
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'lIl
INSURANCE REQUIREMENTS
EXHIBIT 'B'
--
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACTADMUUSTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall ob_ at his/her own expense, insurance as specified
in the attached schedules, which are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors.
until the required insurance has been reinstated or replaced.
The Vendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or 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 County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
_ -.:P
Administration Instruction
#4709,2
24
1996 Edition
.
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROECOUNTY,FLOIDDA
AND
,!"
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include\ as a minimum:
.
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,OOO~'OOO Combined Single Limit (CSL).
-
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the etfectiye date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
...~..
GL3
Administration Instruction
#4709.2
56
1996 Edition
VEmCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Covemge shall be
maintained throughout the life of the contract and include, as a minimum, liability covemge for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
VL3
Administration Instruction
#4709.2
83
\\'ORKERS' CO!\lIPENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
~ . . -
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Depanment of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
- --""
88
AUTOMATED TEllER MACHINE AGREEMENT
MARATHON AIRPORT
THIS AGREEMENT is made and entered into on theQ1~7!!day of ~fLt;~. 199 ".
, -
by and between MONROE COUNTY. a political subdivision of the State of Florida, hereinafter
referred to as "lessor," and FIRST NATIONAL BANK OF THE flORIDA KEYS. a national chartered.
locally owned. independent bank. hereinafter referred to as "lessee";
WHEREAS. lessor desires to grant to lessee a right to maintain and operate an
automated teller machine at the Marathon Airport at Marathon. Florida. hereinafter referred to
as "Airport"; and
WHEREAS. lessor and lessee desire, in connection with said operations. to provide for
the leasing by lessor to lessee of certain space in the Terminal at the Airport;
NOW. THEREFORE. in 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 for its exclusive use to install. maintain
and operate an automated teller machine space designated "ATM" in Exhibit A. attached
hereto and incorporated herein, located in the airline terminal at Marathon. Monroe County.
Florida. said space containing approximately 6 square feet.
2.
3/~.jg.s
.
Term - This agreement is for a term of five (5) years. commencing
~I{
. 1995. and expiring on 3 /1 . 2000.
3.
.
Rental and Fee!s - lessee. for and during the term hereof. shall pay to lessor for
the use and occupancy of said premises an annual sum of $1.800. to be paid on or before the
first day of each contractual year. subject to CPI adjustment for the second through fifth years
as follows: The annual adjustment shall be made in accordance with percentage change in
the Consumer Price Index (Cpr) for Wage Earners and Clerical Workers in the Miami. Florida.
area index. and shall be based upon the annual average CPI computation from January 1
- - ..><-
through December 21 of the previous year. The annual fee shall compensate lessor for both
the premises and rel~ted electric utilities.
4, Accountina Procedures - lessee agrees that it will make available to Monroe
County. a full and complete book of accounts and other records pertaining to the leased
space. improvements thereon and the rental payments. The records shall not include any
records of any financial transactions actually conducted at the ATM. The County. acting
through its Finance Director or other authorized representative. shall. upon reasonable notice.
have the right to inspect and audit said records.
5. Eauioment - lessee shall install, maintain dnd operate on the premises the
Diebold model 1064 self standing ATM or an ATM of equivalent characteristics including but not
limited to a front load lobby cash dispenser ATM configuration. 8 Braille operation keys and 11
key Braille keypad, 2 denomination multi-media dispenser with presenter; basic alarm sensors.
enhanced brightness CRT, and side module with fire resistant waste receptacle and brochure
pockets. This equipment shall be and remains the property of lessee and shall be removed at
the end of lease term. lessee shall furnish. install and maintain the data communications line.
bearing all costs associated with data communication installation. terminal setup. ongoing
terminal administration fees and ongoing modem charges. lessee may place signage on the
ATM equipment.
lessee has the right during the term hereof. at its own expense, at any time to install.
f
maintain. operate. repair and replace said equipment in connection with its operation at the
Airport. all of which shall be and remain' the property of lessee and shall 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 equipment or other personal property shall not constitute lessee a hold-over.
but lessee shpll pay lessor for any costs of removal and storage if the property is ~~t removed
2
by Lessee within ten (10) days after Lessee receives a written demand for such removal. The
removal and storage costs shall be paid to Lessor before Lessee can obtain the equipment.
6. Damaae and Iniury - Lessee covenants that it and all of its agents. servants.
employees. and independent contractors will use due care and diligence in all of its activities
arid operations at the Airport and shall repay or be responsible to Monroe County for all
damages to the property of the County which may be caused by an act or omission on the
part of the Lessee, its agents. servants, or employees. Except to the extent that such damage
to the property is covered by insurance required to be provided by the Lessee under any
provision hereof, or is provided by Monroe County (except'subrogation rights of the County's
carrier), Lessee shall pay, on behalf of the County. all sums which the County shall become
obligated to pay by reason of the liability. if any. imposed by law upon the County for
damages because of bodily injury. including damages for care and loss of service. including
death at any time resulting from bodily injury and because of injury t%r destruction of
property. including the loss or use thereof which may be caused by or result from any of the
activities, omission, or operations of the Lessee. its agents. servants, or employees at the Airport.
7. Other Develoement of Airport - Monroe County reserves the right to further
develop or improve the landing area of the Airport as its sees fit. regardless of the desires or
views of the Lessee. and without interference or hindrance; provided. however. that in no
event can the County depriv~ the Lessee of reasonable and direct routes of ingress and egress
f
to the premises.
8. Terminal Area Planning -', Lessee acknowledges that Monroe County has Master
Plans including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with
the County. espeCially in those areas of terminal improvements which may at some time cause
relocation of ATM. Relocation shall be made to a 'new location only by mutual agreement. If
parties cannot agree upon a new location. this Lease may be terminated by mutuaj-accord.
3
9. lessee's Obliaations -lessee covenants and agrees:
(al to pay the rent and other charges herein reserved at such times as the
same are payable, with rental payments to be made by check payable to
II Airport Operation and Maintenance Fund" and mailed to Public Service
Building, Airport Business Office. 5100 College Road. Key West. Fl33040:
{bl to make no alterations. additions or improvements to the demised
premises without the prior written consent of lessor. which consent shall be not
be unreasonably withheld:
(c) to keep and maintain the demised premises in good condition. order
and repair during the term of this agreement. and to surrender the same upon
the expiration of the term in the condition in which they are required to be kept,
reasonable wear and tear and damage by casualty, not caused by lessee's
negligence. riot and civil commotion, excepted:
(dl to observe and comply with any and all requirements of the constituted
public authorities and with all federal, state or local statutes. ordinances.,.
regulations, and standards applicable to lessee or its use of the demised
premises. including. but not limited to. rules and regulations promulgated from
time to time by or at the direction of lessor for administration of the Airport:
(el to 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:
(fl to control the conduct, manner and appearance of its officers. agents.
and employees, and any objection from the Director of Airports concerning the
conduct. manner or appearance of such persons. lessee shall forthwith take
steps necessary to remove the cause of the objection: and
(g) to erect sign age only on the ATM unit and to maintain any such signage
in good condition.
10. lessor's Insoection and Maintenance - lessor and its authorized officers.
employees, agents, contractors. subcontractors and other representatives shall have the right
to enter upon the demised premises for the following purposes:
(aJ to inspect the demised 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: or _ :-
4
(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 demised premises. and to construct, maintain.
repair. relocate and remove such facilities in the future if necessary to cany out
the Master Plan of development of the Airport; provided. however. that said
work shall in no event disrupt or unduly interfere with the operations of lessee.
that five days prior notice shall be given to lessee of said work except in an
emergency. 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 demised premises by lessor. lessee or third parties, as a result of the
exercise by lessor of its rights hereunder. and the repair of all damage to such
fixed improvements caused thereby. shall be borne solely by lessor.
(c) to include lessee's ATM unit in any directory installed at the Airport.
(d) to abate rent for any periods during which 'tessee cannot be open for
business due to any failure of lessor to perform its obligations under this
agreement.
11. Indemnification - lessee shall indemnify and hold lessor forever harmless from
and against all liability imposed upon lessor by reason of legal liability for injuries to persons. or
wrongful death, and damages to property caused by lessee's operations or activities on such
premises or elsewhere at the Airport, provided that lessor shall give lessee prompt and timely
notice of any claim made against lessor. which may result in a judgment against lessor
because of such injury or damage and promptly deliver to lessee any papers. notices.
documents. summonses. or other legal process whatsoever served upon lessor or its agents.
and provided further that lessee and its insurer, or either of them, shall have the right to
investigate. compromise. or gefend all claims. actions. suits and proceedings to the extent of
lessee's interest therein; and in connection therewith. the parties hereto agree to faithfully
cooperate with each other and with lessee I s insurer or agents in any said action.
12. liability Insurance - The lessee agrees to indemnify and hold the County of
Monroe free and harmless from any and all claims. suits. loss or damage. or injury to persons or
property of whatsoever kind and nature in its operation. installation and maintenance of this
equipment.
5
The Lessee shall procure and maintain insurance of the types and to the limits in
paragraph (1) through (4) inclusive below.
(1) Workmen's compensation - Coverage to apply for all employees for
Statutory Limits in compliance with the applicable state and federal laws. In
addition. the policy must include Employers' Liability with limits of $100.000 per
person. $500,000 per occurrence and $100.000 property damage.
(2) Commercial General Liability - Coverage must include:
a. Combined single limit for bodily injury and property
damage - $1.000.000.
b. Additional Insured - Monroe County is to specifically be
included as an additional insured.
(31 Business Auto Policy - Coverage must include:
a. Combined single limit for bodily 'iFljury and property
damage - $1,000,000.
b. Owned Vehicles.
c. Hired and Non-owned Vehicles.
d. Employer Non-ownership.
(4) Certificate of Insurance - Certificates of all insurance required from the
Lessee shall be approved by Risk Management and attached to the original
lease agreement maintained by the County Clerl<. Certificates from the
insurance carrier. stating the types of coverage' provided. limits of liability. and
expiration dates. shall be filed with the' County before operations are
commenced. The required certificates of insurance shall not only named the
types of policies provided, but shall olso refer specifically to this agreement and
section and the above paragraphs in accordance with which such insurance is
being furnished. and shall state that such insurance is as required by such
paragraphs of this agreement.
(5) All insurance companies shall be authorized to do business in the State of
Florida.
If the initial insurance expires prior to the completion of this agreement. renewal certificates
shall be furnished thirty (30) dQYs prior to the date of expiration.
13. Non-Discrimination - Lessee shall furnish all services authorized under this
agreement on a fair, equal and non-discriminatory basis to all persons or users thereof.
charging fair. reasonable. and non-discriminatory prices for all items and services which it is
permitted to sell or render under this agreement. Lessee shall not discriminate in its
employment practices against any person on the basis of race. sex. creed. color. national
origin, age or any other characteristic or aspect which is not job related.
-"'"
6
14, Rules and Reaulations - Lessee agrees to observe and obey. during the term of
this agreement. all laws. ordinances. rules and regulations promulgated and enforced by the
County and by any other proper authority having jurisdiction over the conduct of the
operations at the Airport. Within thirty (3D) days from the date of this contract. the County shall
provide Lessee a written list of all rules and regulations which it has promulgated up until that
time and which will affect the Lessee I s operations hereunder. In the event new rules and
regulations are contemplated, written notice of same shall be fumished to Lessee. and Lessee
will be given thirty (3D) days to comply. In the event that Lessee should determine that any
contemplated rule or regulation unreasonably hinders '-him in his operation under this
agreement. the Lessee shall so notify the County. and the parties hereto agree thq~ aiW
problem arising incidental thereto will, as much as possible. be worked out befween the parties
without the necessity to resort to further legal remedies.
15. Fumishina of Service - The Lessee further covenants and agrees that he will. at all
times during the continuance of the term hereby demised and any renewal or extension
thereof, conduct, operate, and maintain .tor the use of the public. the Automated Teller
Machine provided for and described herein. and all aspects and parts and services thereof as
hereinabove defined and set forth. and will make all such facilities and services available to
the public and that he will devote his best efforts for the accomplishment of such purposes.
16. United States' ~eauirements - This lease shall be subject and subordinate to the
f
provisions of any existing or future agreement befween the Lessor and the United States
relative to the operation or maintenan,ce 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 include
provisions protecting and preserving the rights of Lessee in and to the demised pr~mises and
7
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.
17. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby. that it has lawful
possession thereof, and has good and lawful authority to execute this Lease:
and
(b) throughout the term hereof Lessee shall have, hold and enjoy quiet.
peaceful and uninterrupted possession of the premises and rights herein leased
and granted, subject to performance by Lessee of its obligations herein.
18. Cancellation bv Lessor - If any of the following events occur. the Lessee shall be
deemed to be in default of its obligations under the agreement, in which case Monroe Sc:>urity
shall give the Lessee notice in writing to cure such default within thirty (30) days. or the lease will
be automatically canceled at the end of that time and such cancellation will be without
forfeiture. waiver. or release of the County's right to any such of money due pursuant to this
agreement for the full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors. or
file a voluntary petition in bankruptcy or a petition or answer seeking its
reorganization or the readjustment of its indebtedness under the Federal
Bankruptcy Laws of any other similar law or statute of the United States or any
state. or government. or consent to the appointment of a receiver. trustee or
liquidator of all or substantially all of the property of Lessee:
(b) if any order or decree of a court of competent jurisdiction Lessee shall be
adjudged bankrupt or an order shall be made approving a petition seeking its
reorganization. or th'e readjustment of its indebtedness under the Federal
Bankruptcy Laws of any law or statute of the United States or any state. territory,
or possession thereof or under the law of any other state. nation. or government.
provided. that if such judgment .or order be stayed or vacated within ninety (90)
days after the entry thereof. any notice of cancellation given shall be and
become void and of no effect:
(c) if by or pursuant to any order or decree of any court or governmental
authority, board. agency or officer having jurisdiction. a receiver. trustee or
liquidator shall take possession or control of. all or SUbstantially all of the property
of Lessee for the benefit of creditors, provided. that if such order or decree be
stayed or vacated within sixty (60) days after the entry thereof or during. ~uch
longer period in which Lessee diligently and in good faith contests the same.
any notice of cancellation shall be and will become null. void and of no effect:
8
extend the term. or affect any notice previously given to Lessee, or operate as a waiver of the
right of the County to ~nforce the payment of rentals and other charges then due or thereafter
falling due. or operate as a waiver of the right of the County to recover possession of the
premises by suit or otherwise. It is agreed that. after the service of notice to cancel or
terminate as herein provided. or after the commencement of any proceeding, or after a final
order for possession of the premises, the County may demand and collect any monies due. or
thereafter falling due. without in any manner affecting such notice. proceeding. or order. and
any and all such monies and occupation of the premises. or at the election of the County on
account of Lessee's liability hereunder. The parties agree tliat any litigation arising out of the
agreement shall be brought in Monroe County. Florida. and determined under the law~,.9f 'the
State ,of Florida. The prevailing party shall be entitled to any reasonable attomey's fees
incurred in the enforcement of the agreement, regardless of whether or not a lawsuit is filed.
including but not limited to all costs and attorney's fees incurred in collecting. trial. bankruptcy
or reorganization proceedings or appeal of any matter hereunder and all costs. charges and
expenses incurred herein.
20. Cancellation bv lessee - Lessee shall have the right upon written notice to
lessor. to cancel this agreement in its entirety upon or after the happening of one or more of
the following events. if said event or events is then continuing:
(a) the issuance ,by any court of apparent competent jurisdiction of an
injunction. order. or decree preventing or restraining the use by Lessee of all or
any substantial part of the demised premises or preventing or restraining the use
of the Airport for usual airport purposes in its entirety. or the use of any part
thereof which may be used by lessee and which is necessary for lessee's
operations on the Airport, which remains in force unvacated or unstayed for a
period of at least one hundred twenty (120) days:
(b) the default of Lessor in the performance of any of the terms. covenants
or conditions required of it under this instrument and the failure of Lessor to cure
such default within a period of thirty (30) days following receipt of written
demand from lessee to do so. except that If by reason of the nature of such
default. the same cannot be cured within said thirty (30) days. then Lessee .~hall
have the right to cancel if Lessor shall have failed to commence to remedy such
default within said thirty (3D) days following receipt of such written demand. or
10
having so commenced, shall fail thereafter to continue with diligence the curing
thereof:
(c) the inability of lessee to conduct its business at the Airport in substantially
the same manner and to the same extent as theretofore conducted, for a
period of at least ninety (90) days. because of (i) any law, (ii) any rule, order.
judgment. decree, regulation, or other action or non-action of any
Governmental authority, board, agency or officer having jurisdiction thereof:
(d) if the fixed improvements placed upon the demised premises are totally
destroyed or so extensively damaged that it would be impracticable or
uneconomical to restore the same to their previous condition as. to which lessee
is the sole judge, In any such case, the proceeds of insurance. if any. payable
by reason of such loss shall be apportioned between lessor and lessee, lessor
receiving the same proportion of such proceeds as the then expired portion of
the lease term bears to the full term hereby granted. and lessee receiving the
balance thereof, If the damage results from an insurable cause and is only
partial and such that the said fixed improvements can be restored to their prior
condition within a reasonable time, then lessee shall restore the same with
reasonable promptness, and shall be entitled to receive and apply the"
proceeds of any insurance covering such loss to said restoration. in which event
this agreement shall not be canceled but shall continue in full force and effect.
and in such case any excess thereof shall belong to lessee:
(e) in the event of destruction of all or a material portion of the Airport or the
Airport facilities, or in the event that any agency or instrumentality of the United
States Government. or any state or local government occupies the Airport or a
substantial part thereof. or in the event of military mobilization or public
emergency wherein there is a curtailment, either by executive decree or
legislative action. of normal civilian- traffic at the Airport or the use of motor
vehicles or airplanes by the general public. or a limitation of the supply of
automobiles or of automobile fuel. supplies. or parts for general public use. and
any of said events results in material interference with Lessee I s normal business
operations continuing for a period in excess of fifteen (15) days:
(f) in the event that at any time prior to or during the term of this
agreement. Lessee's presently existing right to operate an ATM at the Airport is
withdrawn. canceled. ~terminated. or not renewed by lessor:
(g) the taking of the whole or any part of the demised premises by the
exercise of any right of condemnation or eminent domain:
(h) if at any time during the basic term or option term of this lease a majority
of the scheduled air transportation serving the local area no longer operates
from the Airport: or
(i) if at any time during the basic term hereof or the option periods. the
Airport or terminal building is removed to a place more than three (3) road miles
in distance from its present location. _
11
21. lessee's Reserved Riqhts - Nothing contained in this Agreement shall limit or
restrict in any way such lawful rights as lessee may have now or in the future to maintain claims
against the federal. state. or municipal government. or any department or agency thereof. or
against any interstate body, commission or authority. or other public or private body exercising
governmental powers. for damages or compensation by reason of the taking or occupation,
by condemnation or otherwise, of all or a substantial part of the demised premises. including
fixed improvements thereon, or of all or a material part of the Airport with adverse effects upon
lessee's use and enjoyment of the demised premises for the purposes hereinabove set forth;
and lessor hereby agrees to cooperate with lessee in malfltenance of any just claim of said
nature, and to refrain from hindering. opposing. or Obstructing the maintenance thereby by
.'
lessee.
22. Assiqnment and Sublettinq - lessee shall not assign or sublet this agreement
without prior written consent of lessor, nor permit any transfer by operation of law of lessee's
interest created hereby. other than by merger or consolidation.
23. Other Use - lessee shall not u~e or permit the use of the demised premises or any
part thereof for any purpose or use other than an authorized by this agreement.
24. liens - lessee shall cause to be removed any and all liens of any nature arising
out of or because of any construction performed by Lessee or any of its contractors or
subcontractors upon the demised premises or arising out of or because of the performance of
.
t
any work or labor upon or the furnishing of any materials for use at said premises. by or at the
direction of lessee.
25. Time - In computing lessee's term within which to commence construction of
any fixed improvements or to cure any default as required by this lease. there shall be
excluded all delays due to strikes. lockouts. acts of. God and the public enemy, or by order or
- - -"'"
12
(d) if Lessee fails to pay the rental charges or other money payments
required by this instrument and such failure shall not be remedied within thirty
(30) days following receipt by Lessee of written demand from Lessor to do so:
(e) if Lessee defaults in fulfilling any of the terms. covenants. or conditions
required of it hereunder and fails to remedy said default within thirty (30) days
following receipt by Lessee of written demand from Lessor to do so. or if, by
reason of the nature of such default. the same cannot be remedied within thirty
(30) days following receipt by Lessee of written demand from Lessor to do so,
then. if Lessee shall have failed to commence the remedying of such default
within thirty (30) days following such written notice. or having so commenced.
shall fail thereafter to continue with diligence the curing thereof:
(f) if the Lessee shall desert or abandon the premises for seven (7J
consecutive calendar davs;
(g) if the ATM of the Lessee hereunder shall be transferred, subleased. or
assigned in any manner except in the manner as herein permitted:
(h) if the Lessee shall fail to pay any validlv imposed tax: assessments: utility
rent. rate or charge; or other governmental imposition: or any other charge or
lien against the premises leased hereunder within any grace period allowed by
law, or by the governmental authority imposing the same. during which
payment is permitted without penalty or interest; in complying with this
subparagraph the Lessee does not waive his right to protest such tax.
assessment. rent. rate or charge: or
(i) if the Lessee fails to provide service as required by specifications for five
days during any thirty day period. unless such failure is caused by the lessor's
failure to fulfill its lease obligations war. an act of God. national emergency or a
labor strike of which the Lessee has given the County immediate notice. the
lease may be canceled within thirty (30) days of the giving of notice by the
County and the Lessee shall not be permitted to cure such default.
19. Additional Remedies - In the event of a breach or a threatened breach by
Lessee of any of the agreen1ents. terms. covenants and conditions hereof. the County shall
have the right of injunction to restrain said breach and to invoke any remedy allowed by law
or equity. as if specific remedies, indemnity or reimbursement were not herein provided. The
rights and remedies given to Monroe County are distinct. separate and cumulative. and no
one of them. whether or not exercised by the County. shall be deemed to be in exclusion of
any of the others herein or by law or in equity provided. No receipt of monies by Monroe
County from lessee after the cancellation or termination hereof shall reinstate. continue or
9
direction or other interference by any municipal. State. Federal or other governmental
department. board. or commission having jurisdiction. or other causes beyond Lessee's control.
26. Paraaraoh Headinas - Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any
paragraph.
27. 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:
Board of County Commissioners
P. O. Box 1680
Key West. Florida 33040
For Lessee:
First National Bank of the Florida Keys
12640 Overseas Highway
Marathon, Florida 33050
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.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
respective officer or representative thereunto duly authorized. the day and year first above
written.
(SEAL)
AlTEST: DANNY L KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By~a. Ou~
Deputy Cle.(
B~L'~(C.'1~&-l,.I
Mayorl airman
~~~j~ d~~~
Witnes~
~-/~/
Witness
FI RST NA TI
By
TItle:
airatm
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.,.
ERAL LIADfI..ITY
GENNCE REQUIUEMICNTS
INSURA FOI{
CONTltACf
Uli"T\VEEN
MONROE COUNTY, FLORIDA
AND
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. ~1j'. .",' .~
.~f~~ .
.. . . .. f work 'ovcmed by this contract, tile Contractor shall obtain
to the! Commencement oc ag~ shall be maintained throughout- t11e life oflhe contract and
Unbility Insurance, over . .
U A minimum:
I'rcmi:ies Operations .
Products and Complet.ed .<?peratlons
Olanket Contractual LIabIlIty
Personal Injury Liability
Expanded Definition of Property Damage
.
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The minimum limits acceptable shail be:
SI,OOO,OOO Combined Single Limit (CSt)
,.
I f split limits are provided, the minimum limits acceptable shaff be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An ()~currcnce Fo.nn policy is preferred. If COverage is provided on a <:lailOS Made ~olicy. its
pro"""ns should ,nclude COverage for clailOs filed on or aller the elfCCbve date ofth.s contract.
In ",fdition, thc period for which claims lOay be reported should extend for a minilOUIO of twelve
(J 2) /lIonths following the acceptance of work by the County.
The Monroe County.lloard ofCouQ!y Commissioners shall be named as Addiliona/ Insured on all
pollClc~ Issued to satIsfy the above requirements.
....
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of
I\dll 1"'1 '.I 1 .III\"C Irr.tnu..1Iun
GL3
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1\lm' 22. I 'J'J.l
Isll'ril1lil1t;
f,
VEHICLE LIAnU...ITY
INSURANCE REQUII{EMENTS
FOR
CONTRAcr
UET\VEEN
MONI{()E COUNTY, FLOIUI>A
AND
-
Rccogni7jng I hat the work governed by Ihis contract requires Ihe usc of vcl.iclcs, the Conlractor.
prior to the commencemenl of work, shall obtain Vehicle Uabilily Insurance. Coverage shan be
maintained throughoutlhe life oflhe contract and include, as a minimum. liabilily coverage for:
.
· Owned, Non-Owned, and J lired Vehicles
The minimum limits acceptable shall be:
t.,
$ I ,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100.000 Property Damage
"
The Monroe Counly Board ofCOunly Commissioners shall be named as Add i lional Insured on all
polici.. issued to satisfy the above requirements. .
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,
Administralive "\\'tr\l(.1ian
"470?1
VLJ
17
1\1'''' 22. leN.1
1:<1 I'rinhn,:
,
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
"
CONTRAcr
llElWEEN
MONROE COUNTY, FLORII)A
AND
Prior to the commencement of work governed by this contract, the C~ntractor shalf ohtain
Workers' Compensation Insurance with limits suflicient to respond to Florida Statute 440.
.
In addilion, Ihe Conlractor s'.aU oblain Employers' Liability Insurance wilh limits of no I less Ihan:
r
$100,000 Bodily Injury by Accident
$500,000 IJodily l~ury by Oisease, policy limits
$100,000 Dodily I~ury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies aulhorized to lransact business in the
state of Florida and Ihe company or companies must mainlain a minimum rating of A-VI, as
assigned by the A.M. Dest Company.
If the Contraclor has been approved hy Ihe Aorida's Depart men I of Labor, as an authorized self-
insurer, Ihe Counly shaU recognize and honor the Contractor's status. TIle Contractor may be
required 10 sobmit a Leuer of AUlhorization issued by Ihe Departmenl of Labor arid.a Certificate
of I nsurance, providing details on the Contractors Excess Insurance Program.
....
If the Conlraclor participates in a self-insurance fund. a Certificate oflnsurance will be required.
In addilion, Ihe Contractor may be required 10 submil updaled financial statements from tile fund
upon request from the County.
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