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Item C45MEETING DATE: 2/21/01 2/22/01 BULK ITEM: YES BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY DIVISION: COUNTY ADMINISTRATOR DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of an amendment to the lease agreement for the Airport Gift Shop. ITEM BACKGROUND: The amendment revises the location exhibit, A-1, for the gift shop. PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement 4/19/00 STAFF RECOMMENDATION: Approval TOTAL COST: N/A COST TO AIRPORT: None COST TO PASSENGER FACILITY CHARGE: None COST TO COUNTY: None REVENUE PRODUCING: Yes BUDGETED: N/A AMOUNT PER MONTH/YEAR: $21,000 +, FY 2000 APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X KEY WEST AIRPORT DIRECTOR APPROVAL v Peter J. Horton DOCUMENTATION: Included X To Follow DISPOSITION: /bev APB Not Required AGENDA ITEM # ,`w� MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Springboard Enterprises Effective Date: execution Expiration Date: 9/30/16 Contract Purpose/Description: Amendment to lease agreement revising location of the Airport Gift Shop, Exhibit A -1 Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department/Courier Stop) for BOCC meeting on: 2/21/01 Agenda Deadline: 2/7/01 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Current Year Portion: N/A Budgeted? N/A Account Codes: Grant: N/A County Match: N/A ADDITIONAL COSTS Estimated Ongoing Costs: N/A For: . (not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Reviewer Date Out Yes No 2Li4 Airports Manager 2 / 2 /�( ( ) (�()2 / S/� Peterorton Risk anage ent f /3G/ I ( ) (v, C.; , �,`+c��fi.,- '' Wayn Ro rtso O.M.B./Pur sing �/3�'/[ ( ) (t� Sheila Barker County Attorney / / ( ) ( ) f/ �� L4J0/'f� �� J�i lDa Rob Wolfe Comments: AMENDMENT TO LEASE AGREEMENT Springboard Enterprises, d/b/a Airport Gift Shop THIS AMENDMENT to a lease agreement for a gift shop at the Key West International Airport, dated November 10, 1993 (as amended on April 19, 2000) hereafter the original agreement, is entered into on this the day of , 2001, by and between Monroe County and Springboard Enterprises, Inc., d/b/a Airport Gift Shop, the assignee of Diane M. Heberle, the lessee under the original lease. A copy of the original agreement is attached and made a part of this amendment. In consideration of the mutual promises and covenants set forth below, the parties agree as follows: Section 1. The Exhibit A of the original agreement (depicting the location of the airport gift shop) is hereby superseded by Exhibit A-1. A copy of Exhibit A-1 is attached to this lease amendment and made a part of it. Section 2. In all other respects the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above written. (SEAL) ATTEST: Danny L. Kolhage, Clerk �2 Deputy Clerk ATTEST: rjamendleaseheberle BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA I: Mayor/Chairperson SPRINGBOARD ENTERPRISES By Diane M. Heberle, Lessor APPROVED AS TO FORM AN AL F s RO ERTy, W E DATE fZ —�%% Q� EXHIBIT A -1 t LEASE EXTENSION AGREEMENT This Lease Extension Agreement is entered into on this C 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, follows: IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as 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 Al 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 0% 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) 4. ATTE - NNY L. KOLHAGE, CLERK B Dep Cleric ATTEST: By jdairportgift APPROVE4 AS TO AN19,`�EGAL SUFFIC Mayor/Chairperson THE A PORT GIFT SHOP By Diane M. Heberlot, Lessor AIRPORT AGREEMENT THIS CONTRACT OF LEASE WC day of is maand entered into on the •eVri lade de UP MINTY COMM by and between the BOARD subdivision of the State of Flor0 da,0UNTYhe einafterD referred to cal Lessor, and DIANE M. HEBERLE d/b/a THE AIRPORT GIFT SHOP, as partnership organized and existing under the laws of the State of Florida, hereinafter referred to as Lessee. W I T N E S S E 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 g 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 rant andthe to Lessee upon the terms and conditions hereinafterlease stated, same 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 •I - PREMISES A. USE OF TH'�AIRPORT. Lessee shall be entitled to the use, in common wit of ers authorized to do so, of the Airporthe and appurtenances, together with all facilities, equipment, improvements and services which have been or may herafer b 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 normall associated with an airport gift shop; y 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 the Airport. compatible with other activities of B. LEASEHOLD. Lessee does hereby Lease, for its exclusive use the fo owing escribed property: ._3w03 square s --- -� __ q 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 statutes, ordinances, rule P y execute and comply with all of the Federal, State and/veo dens regulations and requirements all of their Departments and Bureaus, whicgovernments, arpplcable and said premises. C. RIGHT OF INGRESS AIM EGRESS. and egress A..LULUI ut not t e us The right of ingress to Lease, the premises and facilities referexcred to t as in vided in Sections this and "B" inclusive above, for Lessee, its employees, agents ll patrons, its suppliers of materials or furnishers of services' its equipment, vehicles charge to Lessee , machinery or other property, without materials or furnishers f losezees viI agents, patrons, suppliers of as herein otherwise provided and s or their said property except Provided further that nothing herein contained shall be impose charges u on deemed to limit Lessor's right to P ground transportation services. ARTICLE II - TERM This Lease and all rights herein 'operative and effective on October a 1993,ted Leande teshallnate become September 30, Z000, unless sooner terminated as hereinafter provided. The Lessee shall have the option to renew the Lease subject to approval of Lessor and of such renewal is given to Provided that written evidence the Lessor in writing ninety.(gp) days prior to the end of the term provided herein, said notice to fu given in accordance with Article XXII. This agreement, further, ratifies the continuation of the terms of e leas entered October 9, 1991, for the period of October 1, I992 through September 30, 1993. ARTICLE III - RENTALS AND FEES A. Lessee agrees to pay Lessor at such laces a designate for the use of the P s Lessor may licenses, services and privileges Premises, facilities, rights, eges granted hereunder, the follow- ing rentals, fees and charges, all payable in monthly install- ments covering the ensuing provided in this agreement. calendar month, unless otherwise or termination of the term wiIn the event that the commencement th 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 al for that month -shall be pand charges of days iaid forsaid lmonthtpro, ratasaccording to the number n 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 mo throughout the leasehold tern, nth 1• Rent for 303 square feet at the terminal build' to be used as a gift shop at the rate of $17.93 per s building per annum plus 71 state sales tax P square foot rates are subject to revision each including electricity. Rental Year in accordance with the airport standard rates and charges, 2• 51 of annual gross revenues in excess of $25 000 resulting from the conducting of a Gift and Sundt Shop b' •00 at Key West International Airport. pa 3' p business subparagraph may be made annuallyPayment of charges under this gross revenues are determined °r in installments. Annual first payment, if made annuallyon a calendar year basis with the due on the excess of g . under this lease agreement being- s January 1, 1993through tosrevenue over $259000 for the period of charges under this subparagrapheeIDber 31, 1993. If payment of be made no later than February is made once a year then it shall calendar year for which charges 28 of the year subsequent to the If payments are made in g are due under this subparagraph. installments, then the final installment for any calendar year shall be paid no later than Fe the following year, February 28 of B. The Lessee hereby agrees to maintain Financial utilizing normally accepted accounting procedures. Records further agrees• that the aforementioned records w• The Lessee available to the Lessor, it it ill be made most once each six (6) months, So desires, for formal audit at right to inspect said records during the Lessor has the time, g normal business hours at.any C• The Lessee shall charecharged by other similar businesses in thes commoncom n arable to those sty. D. TAXES AND ASSESSMENTS, assessments w is ma Lessee shall ray all taxes and taxing body upon Lessee with Iy levied by the duly constituted Airport. The Lessor anotgrees respect to its operation at the or special assessment on Lessee to levy any license or permit fee that would restrict or interfere with the exercise and granted herein; providede hisment of the rights and privileges shall making charges to Lessee for theuse of the Ai= tort Lessor from facil- ities and services as herein specifically authorized. is E• Lessee shall any for all water and gas used by Lessee on said premises, and City taxes includingY the license fees, and State, County and sales rental tax. F, DEFAULT FOR FAILURE TO PAY RENTALS FEES AND CHARGES. 1. The tom t upon the terms named p6d the Payment of the rent for said premises regulations and directives es which faithful observance of the rules, are by reference made a part 3 hereof, and of such other and further rules, regulations and/or directives as may be hereafter made con- ditions upon which the Lease p thby the Lessor are the failure on the art of is made and accepted, and any e 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, have the right to enter said � its agents or employees shall property, if desired, therefrom forcibly or ises, and m otherwisove all e, and the and 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 express) 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 agents or employees may immedi, said Lessor, its ate) dispossess Lessee without le d y re-enter said premises and g legal proceedings whatsoever.notice or the institution of any 2• In addition to the acts of default elsewhere defined, the commission of any of the following acts b 'th Lessee shall constitute a default urinated by the Lessor immediate) and this Lease may be tere -Lessee: Abandon, desert, vacate ou rdiscontinue opera ions 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 reasonable time. uses ARTICLE IV - SERVICES TO PUBLIC The Lessee agrees that permitted hereunder: in furtherance of the privileges and 1• To furnish good, prompt and efficient service ade uate to meet all the demands for its service at the Airport; q 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: be allowed to make reasonable PROVIDED that the Lessee may rebates or other similar t and nondiscriminatory discounts, purchasers. types of price reductions to volume The work "service" ARTICLE IV as used in subsections I, 2, and 3 of shall include supplies, related to Gift anfurnishing of labor, materials and sale thereof, as well as furd Sundry Shop operation including the nishing service. 4 ARTICLE-V - RIGHT TO LEASE PROPERTY Lessor represents port, together with all services and privileges authority to enter into that it has the right to lease the Air - premises, facilities, rights, licenses, herein granted, and has full power and 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 it to be required b obtain personal property deemed by y or incident to, Lessee's operations, its exercise of the rights herein granted and its discharge of the obligations herein imposed, from an association or corporation it Y Person, partnership, firm, otherwise specifically provided may choose. Except as herein* any nature, direct or indirect no charges, fees, or tolls, of directly or indirectly, against ' shall be charged by Lessor, privilege of purchasing,g Lessee or its suppliers, for the handling, consuming, loinselling, using storing, withdrawing, personal property of Lesseegbor unloading, or delivering any such privilege of transporting Y Lessee or its suppliers or for the from or on the Airport. g such personal property or persons to, Nothing in this Lease shall be deemed to restrict in an manner Lessor's right to charge association or corporation rentals forsothe partnerships ership, fumy property or any for thereon or thereto where o ucheuse rof said 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 constitute the erfor- mance of a commercial business -at the Airport. p ARTICLE VII —MAINTENANCE AND OPERATIONS BY LESSOR Except as otherwise specifically provided herein, Lessor during the term of this Lea 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 supply hereunder. Providedd , however, that furnish and shall not be required to perform maintenance and make repairs occasioned by negligence of Lessee or its employees, fire or other casual expected, and in which case Lessor may perform such maintenance or make such repairs and charge cost of same to Lessee. Provided also that Lesor may abandonthelcertain facilities which are no longer reasonably operation of.the"Air ort. justified for proper and adequate obstructions, includin Lessor: shall keep the Airport free of materialhe , as and removal of grass, stones, or other foreign as reasonably necessary and 5 with reasonable promptness, from the runway, taxi -way and loading areas for the safe, convenient and er use ofshall maintain and operate the Airport in allt respectst in andinmanner 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 havin providing that nothing herein contained shall be jurisdiction deemedeOto 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 an p 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. 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 b the Unite shall not be required to furnish said facilitiesa States, Lessor ARTICLE X RULES AND REGULATIONS Lessor shall have the right to and shall adopt and enforce reasonable rules; and regulations, which Lessee agrees to observe and obey, with respect to nances; the us.•e of the Airport and appurte- 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 Air o proce- dures prescribed or approved from P rt, with t the Federal Aviation Administration with respect toethe per at ion of aircraft of the Airport. Lessor shall provide Lessee with a copy of suc regulations from time to time. h rules and ARTICLE XI - DAMAGE OR DESTRUCTION OR PREMISES In the event the premises shall be partially damaged b fire, explosion, the elements, the public enemy or other casual- ty, but not rendered untenable due diligence by Lessor at , the same shall be repaired with damage shall be so extensive as to ender such own costs premises re ises a the but capable of being repaired within thirtyP wises untenable shall be repaired with due (30) days, the same and expense, and rent payable by Lessor at its own cost paid up to the time asptheble hereunder shall be proportionately 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 the Lessor shall be under no obligation to t (co days, the premises, and rent payable repair and reconstruct e::clusive space in saidp Y hereunder with respect to Lessee's P 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 the damage or destro ed its intention to repair or reconstruct Y premises or tp furnish a substantially intention to equivalent facility, .Lessee may,give Lessor written notice of its then cancel this Agreement in its entirety or to cancel, as of the dat 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 givingLessee thirty (30) days advance written notice to be served s hereinafte Provided upon or after the happening of any one of the following g a. The filing by Lessee of ruptcy. a voluntary petition in bank- b. The institution of proceedings in bankruptcy against Lessee and adjudication of Lessee as a bankrupt pursuant to such proceedings. c. The taking by a court assets pursuant to proceedings any Federal re -organization act. Of 'jurisdiction of Lessee and its brought under the provisions of 7 d. The 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 b any authorized a enc y the United States Government or g y thereof of the operation, control, or use of the Airport and facilities , or ansubstantialor parts thereof, in such manner as subst ntially to rest icta 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 b ' covenants or conditions hereof the Lessor of any of the termsto be Performed, kept and observed, shall be construed to be or act as a waiver of any subsequent default of any of the terms, covenants and conditions herein contained to. -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, b sixty (60) days advance Written notice to be servedgaslhereinafr ter provided, upon or after the happening of any one of the following events: a. Issuance by any court of competent injunction in any way preventing p jurisdiction of an Airport or an g or restraining the use of the ing in force of suchhi�junctionafo=°rt Purposes, and the remain- (90) days. a period of at least ninety 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 -Lessor 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 notice of cancellation., prior to receipt of Lessee's d. The lawful assumption by the United States Government o any authorized agency thereof of the operation, control or use r the Airport and facilities of thereof, in such a ' or any substantial part or parts manner as substantially to restrict Lessee, for a period of at least ninety (90) days, from operatin the for the conducting of a Gift and Sundry Shop. g reon Lessee's performance of all or any part of this Agreement for or during any period or periods after a default of any the terms, covenants and conditions herein contained to be performed kept and observed b y of the right on the part of ether► shall not be deemed a waiver of any failure by Lessor to so Lessee to cancel this Agreement for covenants or conditions perform, keep or observe any of the terms* hereof to be performed, kept or observed. No waiver of default b conditions hereto y Lessee of any of the terms covenants or dperformed, kept and observed b any subsequent default ° f an be or act as a waiver by Lessee t Lessor shall be construeof ditions herein contained y °f the terms, covenants and con - the Lessor. tO be performed, kept and observed by ARTICLE XIV - INDEMNITY Lessee agrees to indemnify and hold.haraless the Lessor any and all claims for bodily injuryin from injury, and property dams e ( chiding death), personal County) and an g (including property owned by Monroe attorney's fees) which arises' damages, and expenses (including out of, in connection with, or by reason of the Lessee lease agreement. utilizing the in governed by 'this The extent of liability is in no way limited to, reduced, or lessened by the insurance this agreement. this contained elsewhere in ARTICLE XV - INSURANCE Prior to the effective date of this lease, Lessee obtain, at his/her own shall attached schedules expense, insurance as specified in the agreement. which are made a part of this lease The Lessee will not be permitted to use the lease ro er until satisfactory evidence of the furnished to the Lessor as specified below,ed insurance has pbeen -Lessee shall maintain the required insurance, throughout the entire term of` this lease a specified in the attached agreement and any extensions, as provision may result in schedules. Failure to comply with this 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 the Lessor, as satisfactory insurance, either: Certificate of Insurance or A Certified copy of the actual insurance policy. Lessor, at its sole certified copy of any or option, has the right to request a contract. all insurance policies required by this All insurance policies must specify that the are subject to cancellation, non -renewal, material change, not reduction in coverage unless a minimum of thirty (30) days or notification is given to the Lessor b Y prior - notification the insurer. The acceptance and/or approval of the Lessee's ur ins shall not be construed as relieving the Lessee from an ins •ance liality or obligation assumed under this contract or imposed by lawbl. Y . The Monroe County Board of County Commissioners wil included as "Additional Insured" 1 be be named as "Loss Payee" with respectltoPolicies.Theyowill also Any deviations from Legal Fire Exposure. must be requested in these General Insurance Requirements writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and a Monroe County Risk Management. approved by ARTICLE XVI - RISK 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 an person whomsoever, exce t as Y co -tenant, or of any other P stipulated hereinabove. ARTICLE XVII _ UIET ENJOYMENT Lessor agrees that, on payment of the rent and erforman of the covenants and agreements on the part of Lessee ce performed hereunder, Lessee shall peaceably have and enjoy be leased premises and all rights and privileges of said the its appurtenances and facilities granted herein. irport, ARTICLE XVIII - SURRENDER OF POSSESSION -Upon the expiration or other termination of this Lease or any renewal the=eof, Lessee's facil- ities, rights, licenses right to use the premises, facil- services and privileges herein leased shall cease forthwith upon such expiration or termination der the same. on surren- der 10 `Except as othe rWise tuxes, fixtures provided in ARTICLE XVIII, all struc- expected eor s, equipment and other property bought, installed, the Airport and premises leased laced by Lessee in, on or about to be personal and remain the under this Lease shall be deemed shall have the right at an Property of the Lessee and Lessee Agree- ment, or any renewal or extension hereof, me tto remhe ove any of this its property from the Airport,r all of not in default in its Provided, however, that Lessee is Lessee shall restore payments to Lessor hereunder and provided said premises to its original condition as at the beginning of occupanc elements, fire, explosion or ordinary wear and tear, damage by Lessee excepted. An other causes beyond control of y and all property not removed by Lessee as set forth herein, shall thereupon become a part of the rem' on which it is located and title thereto shall thereupon premises tsin the Lessor. Provided further that Lessor reserves the right in require Lessee to remove such improvements and property at Lessee s expense, p y ARTICLE XIX - DEFINITION OF TERMS Whenever the term Federal Aviation Administration is used this Lease, it shall be construed as referring to the Fe in Aviation Administration created b in the Federal Aviation Act of 1958, Or such y the Federal Government under went authority as may be the successor thereto ore to be deral Govern - be with the same or similar authority. d Whenever the terms " ,e constrsorued and "persons" are used in the Lease, they shall be consal as including individuals, firms, corporations and other leg is entities. When in this Agreement written approval by Lessor terms required except for assignment or modification of the written approval of °f this lease which shall require written approval ma ,the Board of County Commissioners, such Lessor. y\be given by the Director of Airports for ARTICLE XX - NO ASSIGNMENT Lessee shall not at any time assign this Agreement or an part thereof, nor sublet all ises herein without written a or any Portion of the leased premy pproval of Lessor; provided that the foregoing shall not prevent the assignment any corporation with which Lesseemay merge for hconsolidate t oto r 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 eater the premises let under this lease and to inspect for damage or unsafe conditions. g ARTICLE XXII - NOTICES sent Notices to Lessor provided for herein shall be sufficient if paid, addressed) to:P mail, return receipt requested, postage re_ Director of Airports, Monroe County Key West International Airport 3491 S. Roosevelt Boulevard Key West, Florida 33040 and notice to Lessee, it sent b : aid Y certified mail, returnreceipt requested, postage -pre P addressed to: The Airport Gift Shop 3495 South Roosevelt Boulevard Key West, Florida 33040 Attention: Diane Heberie or to such other respective addresses as the parties ma desi - nate to each other in writing from time to time. Y g ARTICLE XXIII - PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience of reference and are not intended to define or limit the fence 'any provision in this Lease, scope of ARTICLE Xy,IV _ INVALID PROVISIONS In the event any covenant contained is held to be invalid b condition or provision herein diction the invalidity of an Y any court of competent juris- vision shall in no wa Y such covenant, condition or 'pro_ ln affect any other covenant, condition or provision herein con�� covenant, condition- or � Provided that the invalidity of such provision does not materially prejudice either Lessor or Lessee contained in the valid covenantts s, coedit' ective rights and obligations Lease, ions provisions of this ARTICLE XXV - COVENANT NOT TO GRANT MORE FAVORABLE TERMS Lessor covenants and agrees not to enter into an lease contract or agreement with an respect to the Airport containing other favors d Sundry Shop with Lease or to grant to an favorable terms than this Privileges or concessions withhrespect er t to the staid Airport rights, are not in accord to the Lessee hereunder unless the samettermis , rights, privileges and concessions are concurrent) made avail- able to the Lessee, y l' ARTICLE XXVIT- SUCCESSORS AND: ASSIGNS BOUND BY COVENANTS All the covenants shall extend to and this Lease bind the legal representatives and assigns of the respective parties hereto. successors 12 ARTICLE XXVII _ NON-DISCRIMINATION CLAUSE The Lessee in exercising an herein granted to him shall not y of the rights or privileges ° national origin discriminate or n the grounds of race, color or other person or groups Permit discrimination against any g P of persons in any manner prohibited by Part 15 of the Federal Aviation hereby granted the right to take Regular -ions, and the Lessor is such action, anything to the contrary herein notwithstandin as the to enforce this non-discrimination covenant,ted States may direct ARTICLE XXVIII - INTERPRETATION OF LEASE Nothing in this Lease shall be construed or interpreted in any manner, whatsoever as limiting, any rights of ownership enjoyed by relinquishing, or waiving of y, p J Y yLessor in the Airport proper-• operation, any awing or limiting its control over the derogation of such etc., of Airport property or in 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: C . C�, Deputy lerk I L itne s Witness By yor rman THE AIRPORT GIFT SHOP .�. BY O,N� ,_ � J, , a Diane M. He-Derleg-Lessee 13 (GENERAL. LIA131LITY INSURANCE DOER UIREMENTS LEASE/RENTAL OF PROPERTY OWNED BY THE COUNTY MONItOE CO NU - Y9 FLOwDA DIAM M. NHMERLE d/b/a TES A�p� GIFT 4tnp Prior to the Orgarrization/Individual Lakin lease/rental agreement, the Organization/1ndi idualr hall obtaion orthe n General LiabilityInthis sur Coverage shall be maintained throughout the life of the contract and include as mi i Insurance. n rnum: • Premises Operations • Products and Completed Operations • Blanket -Contractual Liability • Personal Injury Liability • Expanded Definition of Property D • > ;y (qu re Legal Liabilit with limits a tease al to the fair market value of the leased The minimum limits acceptable shall be: property.) $300,000 Combined Single Limit (CSL) If split limits arc provided, the minimum limits acceptable shall be: S 100, 000 per Person S300,000 per Occurrence S 50,000 Property Damage:, An Occurrence Form policy is preferred. If coves ► Provisions should include coverage for claims filed on or e isProvided a eQreecti�ae dat of thispolicy, its In addition, the period for which claims may be reported should extend for a mini contract. (1 Z) months followingthe termination of the Lease/Rental A ► minimum of twelve Agreement. The Monroe County Board of County Commissioners shall be named as Additi policies issued to satisfy the above :•equirements. oral Insured on all Adminiwasive Hu+auaww a47M. r WORKERS' COMprNSATION 1NS'J'ZANCE Rr �OQull rrtEn�rrlvTs CONTRACT --LEASE—_- GIFT SHOP EN MONROt'= C'-OUN'I'Y, FLORIDA AND DIANE HE13ERU dba TBE'AI8P0$!r GIFT SHOP Prior to the commencen1ent of work bovcrncd b Workers' Compensation Insu�cwith limits s i this contract, Lila Contractor shall obtain ulIicrient to respond to the applicable state status In addition, the Contractor shall obtain Cm to P ers' �' Y Liability Insurance with limits of nol less than: $500,000 Bodily Injury b $500,000 IIodily injury by Accident S500,000 Bodily rY by Disc` policy limits injury y case, each emp, S Coverage shall be maintained throuyce qout the Coverage shall be provided b entire term of ttte contract. state ofTlorida and the Company y a or company or companies authorized to transact business assigned by file A.M. Best Cmare companies must maintain a minimum rating o f �s in the If the Contractor s A VI, as insurer, the Counshall been approved by thnizee Florida's Dc art required to submit a ter oFA 'Ind honor the p ment of for, as an authorized scif of insurance, Providing details n�ation issued b n the Des status. The Contractor may be b arls on file Contractor's Excess yInsurance prof Labor and a Ceriii1cate If tl�e Contractor participates in. a serf -insurance brarn. In addition, the Contractor ma fund, a Certificate of insurance will upon request !Torn flit County.y be required to submit updated financial statementsbe rcile red. from Uic fund A&nk,imMive k.u,,aiew a.i __ MONROE COUNTY. FLORIDA Request 1"or Waix•cr of lnsur;iuce Requirements. It is. _ rcgitestcd thattlic insuranc Rcguircntcnts. be u:ti�•cd or netodtrGcd -.: •: ' cquiorccnts. as spccilicd in the County's Schedule of Insurance n tmhe following contract. Contractor. . Contract tor: Airport Gift Shop Address of Contractor. 3495 S: Roosevelt Blvd. Key West, FL 33040 _ Phonc: _ 294-5055 Scopc of Work: Retail Gift Shon . Reason for W;jit•cr: Only two employees who do not do any manual labor clerks position who also cashiers. Re nest Workers Signature of Cocurtctor: Risk Management Datc ensation requirement b 11 Appro%•cd )Ji County Adntinistratur :ippcal: Datc: r to Fla State Sta Not Appro%•cd Approt'cd: -- Not Appro%vd: Board of County Ccunn:issioncrs appcnl: ApPro%rd: Not Appro%-cd: Meeting Datc: ' WAIVER s #. . Z Q If Pw- • ,� J - '- II 's ara�wo 12 I .