Item J05 J.5
`,
County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
April 21, 2021
Agenda Item Number: J.5
Agenda Item Summary #8042
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200
N/A
AGENDA ITEM WORDING: Approval of Lease Agreement with HORAY Restaurant Group,
LLC. for property at the Key West International Airport to be used for overflow parking by patrons
of Benihana and La Trattoria Restaurants.
ITEM BACKGROUND: On April 15, 2015, Hyatt and Hyatt, Inc. (Hyatt) leased the premises on
the corner of South Roosevelt and Stickney Drive measuring approximately 165 x 90 feet for
overflow parking for their restaurant patrons. In 2018, Hyatt transferred to HORAY Restaurant
Group all of Hyatt's right, title and interest in the Lease. This new lease with HORAY is for three
years with an option to renew for one additional two-year period.
PREVIOUS RELEVANT BOCC ACTION: Approval of the original lease with Hyatt& Hyatt on
April 15, 2015, and Consent to Assignment from Hyatt & Hyatt to HORAY Restaurant Group on
September 19, 2018.
CONTRACT/AGREEMENT CHANGES:
New three year lease with an option to renew for one additional two-year period.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
KWIA - HORAY (Benihana Parking Lot)
FINANCIAL IMPACT:
Effective Date: 4/15/2020
Expiration Date: 4/14/2023
Total Dollar Value of Contract: N/A
Total Cost to County: -$0-
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J.5
Current Year Portion:
Budgeted:
Source of Funds: N/A
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes
If yes, amount: PER MONTH $800.00 plus sales tax YEAR $9600.00 plus sales tax
Grant:
County Match:
Insurance Required: No
Additional Details:
REVIEWED BY:
Beth Leto Completed 03/22/2021 10:34 AM
Richard Strickland Completed 03/25/2021 2:43 PM
Pedro Mercado Completed 03/25/2021 3:05 PM
Purchasing Completed 03/25/2021 3:34 PM
Budget and Finance Completed 03/29/2021 12:13 PM
Maria Slavik Completed 03/29/2021 1:08 PM
Liz Yongue Completed 04/05/2021 11:30 AM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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J.5.a
LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
HORAY Restaurant Group, LLC.
TIIIS AGREEMENT is made and entered into this 21" day of April , 2021
by and between Monroe County, a political subdivision of the State of Florida, owner of Key
West International Airport, whose address is 3491 South Roosevelt Boulevard, Key West,
Florida 33040, (hereafter"County" or"Lessor"), and HORAY Restaurant Group, LLC., whose
address is 3593 South Roosevelt Blvd., Key West , FL 33040, (hereafter "Horay",
"Tenant" or "Lessee"). y
PARKING LOT LEASE AGREEMENT
WHEREAS, County owns an airport known as the Key West International Airport,
located in Key West, Monroe County, Florida, hereafter referred to as the "Airport"; and
WHEREAS, Horay is engaged in the business of operating two restaurants called
B enihana and La T r a t t o r i a located adj acent to airport property; and
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WHEREAS. Horay desires to obtain certain rights and privileges in connection with
the use of the airport facilities, and the County is willing to grant and lease the same to
Horay on a non-exclusive basis, upon the terms and conditions stated below;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
contained in this lease, county does hereby lease unto Horay and foray does hereby lease from
county certain premises and facilities, rights and privileges, as follows;
1)The County leases to Horay and Horay leases from County, the premises on the corner E
of S. Roosevelt Boulevard and Stickney Drive, measuring approximately 165 feet x 90 feet, as
indicated on Exhibit A which is attached and made a part of this lease, as an automobile >_
parking lot for the customers and employees of the restaurants on evenings, weekends, and
holidays.
2) The term of this Lease is three years, beginning on April 15, 2020 and ending on
April 14, 2023. The County reserves the right to cancel this lease upon ninety (90) days
written notice to Horay, and Horay may cancel the Lease on the same ninety (90) day
written notice to the County. The County shall have the option to renew this lease for one
additional two (2) year period.
3) Rent shall payable as follows;
During the first year of the lease (April 15, 2020 —April 14, 2021), Horay must pay to the
County rent in the amount of$800.00 per month, plus the applicable Florida sales tax, payable
on or before the first of each month. Thereafter, on the anniversary date, an annual adjustment
shall be made in accordance with the percentage change in the Consumer Price Index(CPI) for
all urban consumers (CPI-U) for the previous 12 calendar months. In the event of a deflationary
CPI, no adjustment in the rental rates will be made.
Rent shall be paid in equal monthly installments, all of which shall be due and payable on
or before the first day of each calendar month during which this Agreement is in effect. Upon
the failure of Lessee to pay rent when due, the County will be entitled to charge and collect,
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and Lessee will be obligated to pay, a late fee twenty dollars ($20) or twenty percent (20%),
whichever is greater of any such overdue amount. Such late fees will be in addition to the amount
of rent due. The acceptance by the County of the overdue payment plus applicable late fees
shall cure what would otherwise constitute a default by Lessee under the terms of this
Agreement. The County, at its option, however, may refuse a proffered overdue payment and
late fees, declare a default, and proceed according to paragraph 9 of this Agreement. In the
event that any check, draft, or negotiable instrument by which Lessee has tendered any payment
is returned to the County and not honored, whether for insufficient funds or other reason, the
County will be entitled to charge and collect, in addition to any applicable late payment fees as
provided above, a service charge of$25 if the face value does not exceed $50; $30 if the face value
exceeds$50 but does not exceed$300; $40 if the face value exceeds$300;or 5 percent of the face value
of the payment instrument, whichever is greater. Such penalty fees and charges shall also be in
addition to the amount of payment due. The acceptance by the County of the payment plus any
applicable late fee and penalties following the receipt of a dishonored instrument shall cure
what would otherwise constitute a default under the terms of this Agreement. The County, at
its option, however, may refuse any proffered rental installment and applicable late fees and
penalties, declare a default, and proceed according to paragraph 9 of this Agreement.
4)Horay, its agents, employees, customers, suppliers and patrons have the right of ingress c
and egress to and from the leased premises. Ingress and egress will not be unreasonably 101
restricted by the County.
5) The premises leased under this Agreement may not be sublet, and this Lease may
not be assigned, without the written consent of the County.
6) Horay is responsible for, and must maintain, the leased premises and, upon the
termination of this Lease, Horay must leave the premises in good condition, normal use and 0.
occupancy excepted. County is responsible for and shall maintain the landscaping (to include
mowing) and shall maintain and trim the tress and any other foliage on the premises.
7) Notwithstanding any minimum insurance requirements prescribed elsewhere in this CO
agreement, Lessee shall defend, indemnify and hold the County and the County's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes
of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and(iii)any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of Lessee or any of its employees, agents, contractors or other invitees during the team
of this Agreement, (B) the negligence or willful misconduct of Lessee or any of its employees,
agents, sub-contractors or other invitees, or (C) Lessee's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or
sole negligent acts or omissions of the County or any of its employees, agents, contractors or
invitees (other than Lessee). Insofar as the claims, actions, causes of action, litigation,
proceedings, costs or expenses relate to events or circumstances that occur during the term of
this Agreement, this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
8) The failure of Horay to pay a rental installment when it becomes due, or any other
charges or fees that become due within ten (10) days after Horay receives a statement for
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J.5.a
such fees or charges from the County, constitutes an act of default. The failure of Horay
to perform any of the other covenant of this Lease, which failure continues for a period of
fifteen (15) days after notice of the failure is given to Horay in writing by the County, also
constitutes a default under the terms of this Lease. In the event of any such default, the
County may declare the Lease forfeited and may immediately re-enter and take possession
of the leased premises and this Lease will terminate. The County is entitled to reasonable
attorney's fees, including at the appellate level, for the enforcement of the terms of this Lease.
9)In addition to the events listed above, the County may cancel this Lease Agreement
by giving Horay thirty (30) days advance written notice upon the happening of any one of
the following events: the appointment of a receiver of Horay's assets; the divesting of Horay'
s lease hold estate by operation of law; the abandonment by Horay of the restaurant
businesses adjacent to the airport for a period of thirty (30) days.
10)The tenant for himself, his personal representatives, successors in interest and assigns,
as a part of the consideration hereof, does hereby covenant and agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this Agreement
automaticallyterminates without an further action on the art of an c
y p y party, effective the date
of the court order. Tenant agrees to comply with all Federal and Florida statutes, and all local LO
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to:
1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment
on the basis of race,color,religion, sex,and national origin;2)Title IX of the Education Amendment of
1972, as amended(20 USC §§ 1681-1683,and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits
discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended (42 USC
§§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and 0.
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse;6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation
Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or a
alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527(42 USC §§ 690dd-3 and 290ee-
3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the
sale,rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC §§ 12101),
as amended from time to time, relating to nondiscrimination in employment on the basis of disability;
10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to,or the subject matter of,this Agreement.
I I) It shall be a condition of this Lease that the Lessor reserves unto itself, its successors
and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft. now
known or hereafter used, for navigation of or flight in the said airspace, and for use of said
airspace for landing on, taking off from or operating on the airport. Tenant expressly agrees
for itself, its successors and assigns, to restrict the height of structures, objects of natural
growth and other obstructions on the hereinafter described real property to such a height so
as to comply with Federal Aviation Regulations, Part 77. Tenant expressly agrees for itself, its
successors and assigns, to prevent any use of the hereinafter described real property which
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would interfere with or adversely affect the operation or maintenance of the Airport, or
otherwise constitute an airport hazard.
12) This Lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the Airport Owner acquired the
subject property from the United States of America and shall be given only such effect as
will not conflict or be inconsistent with the terms and conditions contained in the lease of
said lands from the Airport Owner, and any existing or subsequent amendments thereto,
and are subject to any ordinances, rules or regulations which have been, or may be hereafter
adopted by the Airport Owner pertaining to the Key West Airport.
13) This Lease Agreement has been carefully reviewed by both the Horay and the
County. Therefore, this Lease Agreement is not to be strictly construed against any party
on the basis of authorship.
14) This Lease is governed by the laws of the State of Florida. Venue for any
litigation arising under this lease must be in a court of competent jurisdiction in Monroe
County, Florida.
15) This Lease Agreement represents the parties' final and mutual understanding. It 101
replaces any earlier agreements or understandings.
16) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the County and the Lessee in this Agreement and the acquisition of any commercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the County be required to contain any provision for waiver.
17)All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the
County,when performing their respective functions under this Agreement within the territorial
limits of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial
limits of the County.
18) This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
19) No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit
of any service or program contemplated hereunder, and the County and the Lessee agree that
neither the County nor the Lessee or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
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J.5.a
apart, inferior to or superior to the community in general or 66r the purposes contemplated in
this Agreement.
2 ) Lessee agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Dru Free Workplace
Statement.
21) No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of'Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personalty on this Agreement or be subject to any, personal liability or accountability by reason y
Of the execution of this Agreement �
22) This Agreement may be executed in any number ofeoualterlaarts, each ol'wlaich shall
be regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by singing any such �
counterpart.
INWITNESS WHEREOF, the parties have set their hands and seal the clay and year First e
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above written.
(SEAL) BOARD O COUN't"Y COMMISSIONERS
A'I`°I°I- S'I':K EVIN MAD OK, CLERK OF MONROE COUN'l"Y, FLORIDA
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By By
Deputy Clerk May°or/Chairma CL
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WITNESSES. HORAY Restaurant Cyr P LLC.
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Date 3/15/21
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