Item D34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 5/19/04
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease amendment for the Conch Flyer, Inc., at the Key West International
Airport, extending the term of the agreement
ITEM BACKGROUND: The amendment extends the term of the lease agreement to January 22, 2010, per item 1, of the
Amendment to Airport Lease, dated 4/8198.
PREVIOUS RELEVANT BOCC ACTION. Approval of lease with predecessor, and amendments dated 1/23/85, 10/7/92,
418198, and 12117/03.
CONTRACTIAGREEMENT CHANGES: Extends term of lease, per Amendment to Airport Lease, dated 4/8/98.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: NIA
COST TO AIRPORT: NIA
COST TO PFC: NIA
COST TO COUNTY: NIA
SOURCE OF FUNDS: NIA
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: - 53,500.00
APPROVED BY: County Attorney X
OMBIPurchasing X Risk Management X
~
DIRECTOR OF AIRPORTS APPROVAL
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM # -.:03 L/.
DISPOSITION:
Ibev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Conch Flyer, Inc. Effective Date: 1/23/05
K:.eV-eV'lUe Prz>d\AC,ng Expiration Date: 1/22/10
Contract Purpose/Description: Lease amendment extending term of agreement
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
for BOCC meeting on: 5/19/04
Agenda Deadline: 5/4104
CONTRACT COSTS
Total Dollar Value of Contract: N/A
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
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
Airports Director 4 /'2f./04-
Risk Management 4 I i1.J.!!.:i.
Date Out
At 2.&1 04-
"I I 1.lJ 0 tor
!:0~-P-I C 1
~/1JJ 0-/
<> +- +" E' COllfl 1..
O.M.B./Purchasing ~~_
County Attorney ~~_
Comments: -1" (,.AJ (/ v l d
LEASE AMENDMENT
KWIA
Conch Flyer, Inc.
This is an amendment to a lease dated April 18, 1983 (hereafter the original
agreement) by and between the predecessor in interest to the Conch Flyer, Inc., (hereafter
Lessee), one Fred B. Sellers, Sr., and. Monroe County, a political subdivision of the State of
Florida (hereafter County).
WITNESSETH
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. The original lease agreement between the parties (and Lessee's predecessor),
and amendments dated January 23, 1985, October 7, 1992, April 8, 1998, and December
17, 2003 are attached to this lease amendment and made a part of it.
2. The term of the original lease agreement is extended from January 23, 2005
through January 22, 2010, as authorized by the April 1998 amendment to the original lease
agreement.
3. In all other respects the original lease agreement, as amended, remains in full
force and effect.
4. This lease amendment will take effect on the signature date of the last party
to execute it.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
indicated below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
Date
I ,'"'o\-:;"~:'f~<:'" MICHELLE MARPLE
{::., i. "f:~ MY COMMISSiON # CC 982976
I ~i:~~.~j EXPIRES: February 26. 2005
I ~';l',?f:l'f..~'" 8C~laed Thru Notary Pubiic Underwriters
CONCH FLYER, INC.
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(SEAL)
Attest:
By \r\.X~'-~ ~\~CI.,~
Title . r \"\''--,''''u~~' '?:,e "' \<:"0
Date ~\ .~. c.~
jairconchflyerX
MONROE COUNTY ATTORNEY
. AP~o.AS TO., FORM: ,
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RO t.d. N. WOLFE
CHIE~5S!5T."~1' ';':!~.~1 ATTORNEY
0810,._' --,-/'CJ-C
,
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
warrants that helit has not employed, retained
or otherwise had act on hi slits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County 0
/
(signature)
..y. /~ . 9,QO ~
Date:
STATE OF '. . \0'\' \ \:)()..
COUNTY OF \0c),\\ '\ 0 r ,
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by m~, affixed hislher
signature (name of individual signing) in the space provided above on this \ d -\-'\\ day of
.kv\ \ \
~\ \("~-~Q \f\C\~Q Q
~ NOTARYPUB!UC
, 20 oS .
My commission expires:
"$JArf~'t;.,~ MICHEllE MARPLE
f.(Ji.,\.~ MY COMMISSION # CC 982976
;'~i~~~; EXPIRES: February 26, 2005
.....Hrll!~::., 90r'lljQ(J Thru NotalY Public Underwnters
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
,
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
)
.-/,/
C
LEASE AMENDMENT
Conch Flyer, Inc.
This is an amendment to a lease dated April 18, 1983 (hereafter the original
agreement) by and between the predecessor in interest to the Conch Flyer, Inc., (hereafter
Lessee), one Fred B. Sellers, Sr., and Monroe County, a political subdivision of the State of
Florida (hereafter County).
WITNESSETH
WHEREAS, additional security measures have rendered part of the Lessee's premises
unusable as part of a restaurant and lounge;
.
WHEREAS, the County desires to make available space at KWIA equivalent to that
lost by the Lessee due to additional security measures; now, therefore
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. The original agreement, and amendments dated January-23, 1985, October 7,
1992 and April 8, 1998, are attached to this lease amendment and made a part of it.
2. The description of the Lessee's premises set forth in Article I, paragraph A.1,
of the original agreement is modified by Exhibit A which is attached to and made a part of
this lease amendment. The parties agree that Lessee's premises now consist of those
depicted in Exhibit A.
3. In all other respects the original agreement, as amended, remains in full force
and effect.
4. This lease amendment will take effect on the signature date of the last party
to execute it.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
indicated below.
(SEAL)
A ITEST: DANNY L. KOLHAGE, CLERK
BG ,~~,
~Clerk
Date t7 . L. 0 3
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ,())~ >n ~a.V
Mayor/Chairman
(SEAL)
Attest:
By-4,,-- f) YI :/)-
Title
Date \ . \ '~. I'
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CONCH FL YER, INC.
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EXHIBIT 'A'
AIR SIDE AND LAND SIDE LEASE AREAS
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA.
ETIIICS CLAUSE
J:.h~ K,,,,\~~,~~
warrants tha&/it has not employed, retained
or otherwise had act on~/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, 'the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
.,' :- ') Jd')/) .--)
!, ~L~/ (-~ (' .L_ _ ,/
L /'~signature) ~,
,.
Date: \ d ' \ ' a ~
STATE OF -s;.\o'\ \ 'C),l\
COUNTY OF \'f\O\),\ 88
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~O,\\" ~\L\(\ mC\\C who, after first being sworn by ITI;e, affixed hislber
signature (name of individual signing) in the space provided above on this \ S\ day of
\)e(~'(\\~'(' ,20~.
~~~~~~
My commission expires: - 8~ SIo. 05
OMB - MCP FORM #4
. MICHELLE MARPLE
1 ~1r-:&:':~~;p.~~':. MY COMMISSION # CC 980029~6
~.: ":*~ EXPIRES: February 26, 2 ,
- . ...... P chC Underwnters
\~. ..~lll ndedT1\1uNotarv u
1\ ....Z~!if.:~'f..... eo
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list. "
/1 C5/ I (!J
AMENDMENT TO AIRPORT LEASE
This is an amendment to a leas~ dated April J 8, J 983 (hereafter the original agreement),
I
by and bstween the predecessor if}. interest to the Conch Flyer. Il)c., (hereafter Lessee or
Tenant), one Fred B. Sellers, Sr., and Monroe County, a political subdivision of the State of Florida
(hereafter Lessor). ,
WITNESSETH:
That the original agreement. and the addenda to it dated October 7, J 992 and January
23. J 985. all of which are attached to and made a part. of this amendment. are hereby
amended as follows:
1.) Article II is amended to read:
The term of this lease is extended until January 22, 2005. The Lessee may
renew the lease for one additional 5-year term by notifying the Lessor in ~riting on
or before July 22, 2004, of Lessee's intent to renew. The Lessor may decline to
grant the renewal of this lease if, at any time during the period up to January 22.
2005, Lessee has committed, permitted, suffered or caused acts or omissions that
constitute a breach of this lease, regardless of whether the Lessee either cured
the act or omission or the Lessor waived treating such act or omission as a
breach.
2.) Article 1/1 A. J . second paragraph, is amended to read:
lessee acknowledges. and consents to the disruption of its business
. .
'.
operations during the approximately first J 8 months following the effective date
of this amendment because of the Lessor's reconstruction of the terminal building
at Key West International Airport. Lessee agrees to make no claim against Lessor
for such disruption or a'~y claim based on business lost during the periOd of
reconstruction. During the period of reconstruction the Lessee must make the
improvements to the premises set forth in Exhibit A to this amendment. Exhibit A is
attached to this amendment and incorporated into it.
3.) Article III E. is hereby amended by the addition of the following:
,: Lessee must also pay th~ Lessor $75.00 per month for sewer service. which
amount will be increased annually by a percentage equal to the increase in the
c.pj. (Miami/Ff. Lauderdale are) for the previous year.
4.) Article III G. the last sentence, is amended to read:
In the event Lessor is obligated to participate in any court proceedings in
order to enforce any of its rights under this paragraph or to collect its rentals. fees
and charges. Lessor. if successful in pursuing such litigation, shall be entitled to an
additional amount in such sum as any District Court or Circuit Court having
competent juriSdiction shall determine as a reasonable market value attorney's
fee.
5.) Article XIV, the insurance requirements, are amended to read:
The Lessee must keep in full force and effect during the term(s) of this
lease the insurance set forth in Exhibit B. Exhibit B is attached to this amendment
and incorporated into if.
6.) ArtiCle-XXVI is hereby struck and is of no further force and effect.
7.) Article XX is amended to read:
ARTICLE XX - NOTICES
Notice to Lessor provided for herein shall be sufficient if sent by certified
mail. postage prepaid, addressed to:
Director of Airports, Monroe' County
Key West International Airport
3'49 i South Roosevelt Boulevard
Key West. Florida 33040
and notice to Lessee. jf sent by certified mail. postage prepaid. addressed to:
John Richmond
Conch Flyer
3495 S. Roosevelt Boulevard
Key West. Florida 33040
or to such other respective addresses as the parties may designate to each other
I
in wfi'ting from time to time.
8.) Article XXVII is amended to read:
A. The Tenant for himself, his personal representatives.
successors in interest. and assigns, as part of the consideration hereof.
does hereby covenant and agree that (1) no person on the grounds of
.,
race. color, or national origin shall be excluded from participation in.
denied the benefits of. or be otherwise subjected to discrimination in the
use of said facilities. (2) that in the construction of any improvements on,
over or under such land and the furnishing of services thereon. no person
on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to
discrimination. (3) that the Tenant shall use the premises in compliance
with all other requirements imposed y or pursuant to Title 49, COde of
Federal Regulations. Department of Transportation. Subtitle A. office of the
Secretary. part 21. Nondiscrimination in Federally-assisted,programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act
of 1964. and as said Regulations may be amended.
Taat in the event of breach of any of the above
nondiscrimination covenants, Airport Owner shall have the right to
terminate the lease and to re-enter and as if said lease had never been
made or issued. The provision shall not be effective until the procedures of
Title 49. Code of Federal Regulations, Part 21 are followed and completed
including exercise or expiration of appear rights.
B. It shall be a condition of this lease. that the Lessor reserves
until 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.
That the Tenant expressly agrees tor itself. its successors and
assigns. to restrict the height of structures. objects of natura~ growth and
other obstructions on he hereinafter described real property to such a
height so as to comply with Federal Aviation Regulations. Part 77.
That the Lessee expressly agrees for itself. its successors and
assigns. to prevent any use of the hereinafter described real property
which would interfere with or adversely affect the operation or
maintenance of the airport. or otherwise constitute an airport hazard.
C. This lease and all provisions hereof are subject and
subordinate to the terms and conditions of the instruments 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
reguf~tions which have been. or may hereafter be adopted by the Airport
Owner pertaining' to the Key West International Airport.
D. Notwithstanding anythin.g herein contained that may be.
or appear to be. to the contrary. it is expressly understood and agreed
that the rights granted under this agreement are nonexclusive and the
Lessor herein reserves the right to grant similar privileges to another Lessee
or other Lessees on other parts of the airport.
9.) I Article XXIX is hereby created to read:
I'
Venue for any litigation arising under this agreement must be in a
Court of competent jurisdiction in Monroe County, Florida.
10.) Except as specifically provided in this amendment to the airport lease
agreement. the terms, conditions, obligation and duties of the original agreement and
addenda remain in full force and effect.
:;....'-..;- . ......
,,' . '- . '- .
. \:~~'.~11.) This amendment to the airport lease will take effect on the date of the signature
.~~~~J~~ .
o ;r".
z.' ~Q. e. last party to execute it.
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~~,!WEAL) -
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;(~.?:: TTEST: DANNY L. KOLHAGE. CLERK
BYV,,~ rr~~'i)"" '
'Oeputy erk
Date:
Date:
pcon/omndconk.doc
'.
APPROVED AS TO FORM
A Al
8
AIRPORT LEASE
, .
,
THIS LEASE AGREEMENT made and entered into this 18th
day of Aoril , 1983, by and between COUNTY'OF
MONROE, STATE OF FLORIDA, a political subdivision of the State of
Florida, hereinafter referred to as "Lessor", and FRr:D B. ~rT.T.F?C:; ,
SR.
hereinafter referred to as "Lessee".
WIT N E SSE T H
'.
WHEREAS, the Lessor is the owner of that property known as Key
West International Airport, upon which is a Cocktail Lounge and
Coffee Shop, all located in Monroe County, Florida, which shall here-
inafter be termed "Airport", and
mlEREAS, the Lessor desires to enter into a Lease Agreement with
the Lessee to provide for the operation of said Coffee Shop and
Cocktail Lounge, and
WHEREAS, the parti~s desire to put into writing the full and com-
plete understanding between the Lessor and Lessee as concerns the
use and operation ~f said property,
NOW, THEREFORE, in consideration of the premises and of the
mutual covenants and agreements that are contained herein as well
as other valuable considerations, the Lessor does hereby grant and
lease to the Lessee that certain property'together with its facili-
ties, all licenses and privileges known as the Airport Lounge and
Coffee Shop located on the Airport Terminal premises in Key West,
Florida, and in so doing agrees as follows:
ARTICLE I PREMISES
A. USE OF THE AIRPORT.
A.l It is understood that Lessee is entitled to use together
with others the Airport fac~lities and appurtenances located within
the Airport Terminal, having rights to the improvements and services
located on said property and in particular shall have the exclusive
use in operating the Coffee Shop.and Cocktail Lounge within said
Terminal described as follows;
-2-
. .
,
A 1,724 square foot Cocktail Lounge, Restaurant and Coffee
Shop and a 1,098 square foot kitchen, washrooms, utility
area, a~l located within the passenger terminal building
at the Xey West International Airport, Key West, Florida.
Also to include the area between the Airport Terminal and
to the western edge of the fire access road located .
adjacent to the P.B.A. Building and the parking ramp in
front of the Terminal reflected on the plans made a part
hereof and marked Exhibit "A". It is understood that no
major structural or design change shall be made from
Exhibit "A" or shall be begun except with written consent
of Lessor.
A.2 This operation shall permit the retail sale of food and
beverages normally associated with an airport restaurant and
"
coffee shop. No other operation concerning the sale of food and/or
beverages shall be allowed in the terminal building during the term
of this lease, except the sale of packaged candy, gum, etc., in the
gift shop or sodas, etc., in vending machines.
A.3 That the Lessor shall cause the transfer for the retail
liquor license 6 COP No. 54-515 from a third party to the Lessee
upon the execution and delivery of this
liquor license shall not be transferred
lease. That said retail
I
from the pr~sent location,
'.
namely, Key West International Airport, Key West, Florida. Fur-
ther, that in the event this lease shall expire or shall be ter-
minated by reason of violation or non-performance by the Lessee of
any of the covenants, agreements, and/or conditions herein, the
Lessee agrees to execute whatever document~ may be required to
transfer the said retail liquor license to the Lessor, or to such
person or persons as Lessor may designate. Further, it being fully
understood and agreed by and between all parties to this lease,
that said retail liquor license has not been sold to the Lessee but
merely transferred to him during the period of this lease, or until
this lease is terminated by reason of violation or non-performance
by the Lessee of any of the covenants, agreements and/or conditions
herein, or until assigned as a part of any assignment, pursuant to
clause.Xtx herein. During the term of this lease, Lessee shall pay
any and all fees or assessments r~quired for the continuation of the
/
said license, and the cost of any existing licenses, fees or assess-
ments shall be pro rated at the time the lease becomes effective.
A.4 T.......;... nnror;1ri,.,n ~'h~11 -:::Ilor::ro .,..,p,........-i- __J
-3-
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lounge and 'any others that may be compatible with the activities of
an airpore :terminal, excluding, however, any and all forms of enter-
tainment other than music of a piano bar or non-electric guitar.
"
Such music entertainment shall 'not be amplified. Other forms of
entertainment may be pe~itted with written consent of the Lessor.
This does not exclude a vocalist accompanied by the piano or guitar.
. I
Any sound source so loud as to be heard in the main: ticketing area
shall be prohibited. Any exceptions for after hours entertainment,
11:00 P.M. until 4:00 A.M., will"require the express written consent
of the Airport Manager.
B. LEASEHOLD.
B.l The leasehold granted herein permits said Lessee to use
said leasehold with respect to any and all privileges permitted and
granted therein explicitly subject, however, to reasonable rules
and regulations as promulgated by the Lessor.
B.2 Lessee agrees that they will comply with any and all re-
quirements of the Statutes, ordinances, rules, orders, regulation
requirements of either the Federal, State and/or County or City
governments and any and all departments, commissions, and bureaus
which have an application to this type of operation.
B.3 The Lessee shall have the right of egress and ingress from
and to said property, except as herein provided otherwise, to the
demised properties described in the above paragraphs which permis-
sionshall run to its employees, agents, customers and/or patrons and
those who supply materials or services for the repair and maintenance
thereof without any charge to Lessee. It is, however, understood
that this Lease Agreement as set forth in this paragraph has no
limitations whatsoever on Lessor's right to an imposition of charges
upon any ground transportat~on services.
ARTICLE II - TERM
'.
This lease and all the rights herein granted shall become op~r-
ative and effective on ehe 18th day of April
19~. and shall end and terminate on the 17th day of
Anril 19~. unless sooner te~j~3tcc bv
-4-
. .
I
provisions 'hereinafter described. It is understood that the term
initially granted herein is for a period of ten (10) years.
ARTICLE III - RENTAL CHARGES
'.
A.l The Lessee agrees to pay the Lessor at p~aces so designated
by the Lessor for the use of these premises, facil~ties, rights,
licenses, services and privileges granted hereunder, the following
rentals, fees and charges, all payable in monthly installments cover-
ing the ensuing calendar months. Should it occur that the commence-
ment or cessation of the terms with respect to any of the particular
premises, facilities, rights, licenses, services and privileges as
herein provided falls on any date other than the first or last day
of a calendar month, the applicable rentals, fees and charges for
that month shall be paid for that month prorata according to the
number of days in that particular month during which said particular
premises, facilities, rights, licenses, services and privileges were
enjoyed; and the Lessee further agrees to pay on or before the 15th
day of each month following the last day of each calendar month
throughout the leasehold term the following:
(a) That Lessee agrees to pay 107. of gross proceeds
or receipts each month but no less than a
guaranteed $2,000.00 per month.
(b) First month's guaranteed rent of $2,000.00 shall
be paid when this lease is signed and a security
deposit equal to a guaranteed month's rent to be
paid when business opens.
It is agreed by the parties hereto that during the first five
(5) years of this lease agreement, the Lessee shall be entitled to
a c~edit for any rental sum due to the Lessor in excess of $2,000.00
per month until the amount expended for permanent improvements made
on the premises such as the plumbing, the electrical work, the duct
work for the air conditioning and other permanent fixtures, (exclud-
ing however, the ifurnishings), have been recaptured by Lessee.
Said credit shall extend until such permanent improvements have been
recaptured in accordance, with a list of the same attached hereto
and marked Exhibit "B" and approved by both the Lessor and Lessee.
The determination of credit shall be based on inVOices evidencing
-5-
..
I
B. tt shall be required that the Lessee shall maintain finan-
cial recor~s according to accepted accounting practices of any and
all transactions relating to the operations incorporated in this
"
lease. The records as aforementioned shall be open to scrutiny by
the Lessor or its agent~ at any time it is so desired and that a
private operating statement shall be afforded to the Lessor each
six (6) months of this lease term. Inspection by the Lessor shall
be accomplished 'as is stated herein at any reasonable business hour.
C. All taxes and assessments which may be lawfully levied by
duly constituted taxing bodies upon the Lessee shall be paid by said
Lessee in connection with the operation as provided in this lease.
Lessor agrees not to levy any license or permit fee or special
assessment on the Lessee that would restrict or interfere with the
exercise or enjoyment of the rights and privileges granted herein;
provided this shall not prevent the Lessor from making charges to
the Lessee for the use of the Airport, its facilities and services
herein specifically authorized.
D. It is mutually agreed by the parties hereto that Lessee
shall open the business within six (6) months after the signing of
this lease. Rental charges shall commence with the opening of said
business.
E. Lessee shall pay for any and all charges for the dis-
position of trash and garbage, provide janitorial services on
these preMises, all electric power, water and any and all other
utilities required and maintenance.
. F. Lessee shall prov~de all equipment or accessories needed
to operate a first-class restaurant and ~ocktail lounge, which said
fixtures and equipment shall conform as nearly as possible with the
!
architecture and design of the premises. All such fixtures and
equipment which shall be attached to and be a part of the'real estate
shall become the property of the Lessor at the termination of this
lease. Lessee shall be required.to install a certified fire ex-
, "k! "t h
:lnguisher system or a tty 5YS em over t e cooking area prior
:0 the opening of this operation.
-6-
j'
G. In the event Lessee fails to pay any rentals, charges and
fees hereund~r within fifteen (15) days after Lessor transmits a
past due statement therefore to Lessee, Lessor may give Les~ee
,
notice in writing of its intent'ion to terminate this Lease unless
Lessee shall have corrected such failure to pay within fifteen (15)
days. If said failure to pay shall not have been corrected within
fifteen (15) days period, Lessor may, at. its option, immediately or
at any time thereafter, enter into and upon the premises hereby
leased or any part thereof in the 'name of the whole, and repossess
the same of Lessor's former estate, and expel Lessee and those claim-
ing by, through or under it, and remove its effects forcibly if
necessary, without being deemed guilty of trespass and without preju-
dice to any remedy which otherwise might be used for arrears of rent
or preceding breach of covenant; on the re-entry aforesaid, this
Lease shall terminate. In the event Lessor is obligated to partici-
pate in any court proceedings in order to enforce any of its rights
under this paragraph or to collect its rentals, fees and charges,
Lessor, if successful in pursuing such litigation, Fhall be en-
I
titled to an additional amount in such sum as any District Court
or Circuit Court having competent jurisdiction shall determine as
a reasonable attorney's fee.
H. The Lessee agrees that any and all desired changes to
the demised premises shall be made at the Lessee's expense and only
upon written approval by the Lessor. Any changes to the demised
premises immediately become the property of the Lessor, and are
not ~ubject to removal by the Lessee. The Lessee will construct at
his own expense any additional fixtures, .improvements and/or decor
on said premises but that the same shall be done in such a manner
as to not deface or injure the premises. In the event Lessee pur-
chases. e~uipment, fixtures andlor furnishings upon which leins
still exist, Lessee agrees to so advise the Lessor and a bond in-
suring Lessor of the payment of the same shall be arranged and
agreed to by these parties. The outside walls shall be maintained
-7-
, ,
,
and painted.by Lessee, it being understood that paint color shall
be agreed t? by Lessor before being used.
I. The Lessee agrees to furnish a copy of the sales tax
"
records of said operation to the County Commission on a monthly
basis.
ARTICLE IV - SERVICES TO PUBLIC
The Lessee agrees that in furtherance of the privileges and
uses permitted hereunder:
1. To furnish good, promp~ and efficient service adequate
to meet all the demands for its service at the Airport. Hours of
operation are as stated hereinafter. The Coffee Shop and/or Restau-
rant must be operated at all times seven days a wee~, (365 days a
year), to coincide with air operations at said Airport it being
provided that the Restaurant and Lounge shall be open at least
forty-five (45) minutes before the departure artd/or arrival of the
first commercial aircraft from said terminal and shall not close
until forty-five (45) minutes after the last commercial aircraft
arrival and/or departure. The Snack Bar shall be open no less than
18 hours per day unless agreed upon otherwise by the parties.
2. To furnish said service on a fair, equal and nondiscrim-
inatory basis to all users thereof.
The word "service" as used in sub-sections 1, 2, and 3 of
ARTICLE IV, shall include furnishing of labor, materials and
supplies, related to Restaurant, Coffee Shop, Cocktail Lounge
operations including the sale thereof, as well as furnishing ser-
vice',
ARTICLE V - RIGHT TO LEASE PROPERTY
Lessor represents that it has the right to lease the Airport,
together with all premises, facilities, rights, licenses, services
and p~ivileges herein granted, and has full power and authority to
enter into this agreement in respect thereof.
ARTICLE VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Lessee shall, except as herein otherwise provided, have the
right to purchase or otherwise obtain personal property deemed by
-8-
. .
,
it to be reguired by or incident to, Lessee's operations, its
exercise of the rights herein granted and its discharge of the
I
obligations herein imposed, from any person, partnership, firm,
association or corporation it may choose. Except as herein other-
wise specifically provided, no charges, fees, or to~ls, of any
nature, direct or indirect, shall be charged by Lessor, directly
or indirectly, against Lessee or its suppliers, for. the privilege
I
of purchasing, selling, using, storing, withdrawing, handling,
consuming, loading or unloading~ or delivering any such personal
property of Lessee by Lessee or its suppliers or for the privilege
of transporting such personal property or person to, from or on the
Airport.
Nothing in this lease shall be deemed to restrict in any
manner Lessor's right to charge any person, partnership, firm,
association or corporation rentals for the use of Lessor's
property or any improvements thereon or thereto where such use
of 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 perform-
ance of a commercial business at the Airport.
ARTICLE VII - MAINTENANCE AND OPERATIONS BY LESSOR
'.
Except as otherwise specifically provided herein, Lessor during
the term of this lease, shall operate, maintain and keep in good
repair the Airport, Terminal Building, vehicular parking space, all
appurtenances, facilities and services now or hereafter connected
with' the foregoing, including, without limiting the generality
hereof, all field lighting and other appurtenances, facilities and
services which Lessor has agreed to furnish and supply hereunder.
Provided, however, that Less~r shall not be required to perform
mainten~nce and make repairs occasioned by negligence of Lessee or
its employees, fire or other casualty excepted, in which case Lessor
may perform such mainte~ance or make such repairs and charge the
reasonable cost of same to Lessee. Provided also that Lessor may
-9-
j'
abandon certain facilities which are no longer reasonably justified
for proper ~nd adequate operation of the Airport.
ARTICLE VIII - MAINTENANCE AND OPERATIONS BY LESSEE
Lessee hereby agrees and accepts the premises in the condition
they are in at the begin~ing of this Lease and agrees to maintain
said premises in the condition called for and agreed to in this
Lease, excepting only reasonable wear and tear arising from the use
thereof under this Agreement, and to compensate said Lessor tmmedi-
ately upon demand for any damage .to said premises caused by any act
or neglect of Lessee, or of any person or persons in the employ or
under the control of the Lessee.
The Lessee agrees to maintain the premises in a clean condi-
tion, and to maintain an adequate number of covered metal waste
containers at suitable locations, and shall deposit all trash and
waste therein for prope~ disposition of such Waste materials at
the disposal grounds designated by the Lessor. Lessee shall provide
for daily pickup of all waste.
It is understood and agreed that no signs or on premises adver-
tising and no awnings shall be erected on or in connection with the
premises leased hereunder, unless the same shall be first submitted
to and approveq by the Lessor.
No exterior architectural changes can 'be made without the
,
,
consent of the Lessor.
If any part of the exterior or interior of the premises is in-
jured or damaged by any breaking and/or entering said premises, or
by any attempt to break and/or enter said premises, by any third
person or persons, Lessee agrees to prom~tly cause all necessary
repairs to be made at Lessee's expense so as to promptly restore
said premises to its conditign immediately prior to said breaking
and/o~entering or said attempt to break and/or enter.
Throughout said term, the Lessee agrees, at his own cost and
expense, to keep the demised premises, fixtures and appurtenances,
including windows, screens, awnings, doors, walls, floors, pipes,
plumbin~, electric wiring and fixtures, and all athe" fixtures and
-10-
j'
appurtenances, and all alterations, additions and improvements, in
good repai~ and clean condition; and will, at his own cost and
expense, make all repairs, inside and outside, in and about the
same, necessary to preserve them in good order and condition, which
repairs shall be of quality and class equal to the original work.
The Lessor may repair, at the expense of the Lessee, all damage or
injury to the demised premises, or to the building, of which the
same form a part, or to its fixtures, appurtenances or equipment
done by the Lessee or his servants, employees, agents, visitors, or
licensees, or caused by moving property of the Lessee in and/or out
of the building or by the installation or removal of furniture or
other property, or resulting from fire, short circuits, the overflow
or leakage of water, steam, illuminating gas, sewer or odors, or by
frost or by the bursting or leaking of pipes or plumbing w~rks or
gas, or from any other cause, due to the carelessness negligence or
improper conduct of the Lessee or his servants, employees, agents,
visitors, or licensees. There shall De no allowance to the Lessee
and no liability on the part of the Lessor by reason of inconven-
ience, annoyance or injury to business, removal or loss of property,
arising from the making of any repairs, alterations, additions or
portion of the building ,
improvements in, or to, any or the demised
premises, or in, or to, the fixtures, appurtenances or equipment.
'.
The Lessor or its agents have made no representations or
promises with respect to the said building or the demised premises
except as herein expressly set forth. The taking of possession
of the demised premises by the Lessee shall be conclusive evidence,
as against him, that said premises and t~e building of which the
same form a part were in good and satisfactory condition at the time
such possession was taken. The Lessor shall in no event be liable
for any.defects in the construction of the bUilding.
."
ARTICLE IX - GOVERNMENTAL FACILITIES
It is expressly agreed that if funds for the provision, main-
tenance and operation of the Control Tower and/or other air navi-
gation aids or other facilities required or permitled by the United
..
,
-11-
States which are now, or may be hereafter furnished by the United
States are discontinued by the United States, Lessor shall not
' .
be required to furnish said facilities.
ARTICLE X - RULES AND REGULATIONS
Lessor shall have ~he right to and shall adopt and enforce
reasonable rules and regulations, which Lessee agrees to observe
and obey, with respect to the use of the Airport and appurtenancesj
provided that such rules and regulations shall not be inconsistent
with this agreement nor with the"safety and with rules, regula-
tions and orders of the Federal Aviation Administration with
respect to aircraft operations at the Airport, with procedures pre-
I
scribed or approved from time to time by the Federal Aviation
Administration with respect to operation of aircraft at the Air-
:
port.
Lessor shall provide Lessee with a copy of such rules and
regulations from time to time.
ARTICLE XI - DAMAGE OR DESTRUCTION OF PREMISES
In the event the premises shall be partially damaged by fire,
explosion, the elements, the public enemy or other casualty, but
not. rendered untenantable, the same shall be repaired with due
diligence by Lessor at his own cost and expense. If the damage
shall be so extensive as to render such premises untenantable but
capable of being repaired within thirty (30) days, the same shall
be repaired with due diligence by Lessor at its own cost and ex-
pense, and rent payable hereunder shall be proportionately paid
up t~ the t~e as the premises shall be fully restored. In case
the premises is completely destroyed by fire, explosion, the
elements, the public enemy or other casualty, or so damaged that
it will or dOes remain untenantable for more than thirty (30) days,
the Lessor shall be under no obligation to repair and reconstruct
."
the premises, and rent payable hereunder with respect to Lessee's
exclusive space in said premises'shall be proportionately paid up
to the time of such damage or destruction and shall thenceforth
cease until such time as the premises may be fully restored. If
-12-
I
I'
within nine.ty (90) days after such damage or destruction, Lessor
fails to nptify Lessee of its intention to repair or reconstruct
I
the damage or destroyed premises or to furnish a substantially
"
equivalent facility, Lessee may give Lessor written notice of its
intention to then cancel this agreement in its entirety or to cancel,
as of the date of such damage or destruction, such part of this
agreement as relates only to said premises.
ARTICLE XII - CANCELLATION BY LESSOR
The Lessor may cancel this ~greement by giving Lessee sixty
(60) days advance written notice to be served as hereinafter pro-
, .
vided upon or after the happening of anyone of the following
events:
1. The filing by Lessee of a voluntary petition in bank-
ruptcy.
2. The institution of proceedings in bankruptcy against
Lessee and adjudication of Lessee as a bankrupt pursuant to such
proceedings.
J. The taking by a court of jurisdiction of Lessee and its
assets pursuant to proceedings brought under the provisions of any
Federal re-organization act.
4. The appointment of a receiver of Lessee's assets.
5. The divestiture of Lessee's estate herein by other opera-
tion of law.
6. The abandonment by Lessee of its conduct of Restaurant,
Coffee Shop and Cocktail Lounge. Closure of in excess of seven (7)
days shall be considered abandonment under this Lease unless prior
written agreement shall be entered into by the parties and filed
with the Commission.
7. The lawful assumption by the United States Government
or a~y.authorized agency thereof of the operation, control! or
use of the Airport and facilities, or any substantial part or
parts thereof, in such manner as substantially to restrict Les-
see, for a period of at least ninety (90) days, from operating
thereon fo~ the conducting of a Restauran:, Co!fee Shop and Cock-
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j'
No waiver of default by the Lessor of any of the terms,
covenants or conditions hereof to be performed, kept and observed
shall be construed to be or act as a waiver of any subsequent de-
fault 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 XI!I - CANCELLATION BY LESSEE
Lessee may cancel this agreement any time that Lessee is not
in default in its payments to Lessor hereunder, by giving Lessor
sixty (60) days advance written notice to be served as herein-
after provided, upon or after the happening of anyone of the
following events:
1. Issuance by any court of competent jurisdiction of an
injunction in any way preventing or re.straining the use of the
Airport or any part thereof for Airport purposes, and the remain-
ing in force of such injunction for a period of at least ninety
'.
(90) days,
2. The inability of Lessee to use, for a period in excess of
ninety (90) days, the Airport or any of the premises, facilities,
rights, licenses, services or privileges leased to Lessee hereunder,
because of fire, explosion, earthquake, other casualty, or acts of
God or the public enemy, provided that same is not caused by negli-
gence or willful acts of failure to act on part of Lessee.
~. The default by the Lessor in performance of any covenant
or agreement herein required to be perfo:med by the Lessor and the
failure of Lessor to remedy such default for a period of 'ninety
(90) days after receipt from L~ssee of written notice to remedy
same; proYided, however, that no notice of cancellation, as pro-
vided above, shall be of any force or effect if Lessor shall have
remedied the default prior/to receipt of Lessee's notice of can-
, .
cellation.
-14-
. .
,
4. The lawful assumption by the United States Government
or any authorized agency thereof of the operation control or use
of the Airport and facilities, or any substantial part or parts
"
thereof, in such a manner as substantially to restrict Lessee,
for a period of at least ninety (90) days, from operating thereon
for the conducting of a Restaurant, Coffee Shop and Cocktail
Lounge.
Lessee's performance of all or any part of this agreement for
or during any period or periods after a default of any of the terms,
covenants and conditions herein contained to be performed, kept and
observed by Lessor, shall not be deemed a waiver of any right on the
part of the Lessee to cancel this agreement for failure by Lessor
to so perform, keep or observe all of the terms, covenants, or con-
ditions hereof to be performed kept or observed. No waiver of
default by Lessee of any of the terms, covenants or conditions
hereof to be performed, kept and observed by the Lessor shall be
construed to be or act as a waiver by Lessee of any subsequent
default of any of the terms, covenants and conditions herein con-
tained to be performed, kept and observed by the Lessor.
ARTICLE XIV - INDEMNITY
'.
Lessee agrees fully to indemnify, save and hold harmless,
the Lessor from and against all .claims and actions and all ex-
penses incidental to the investigation and defense thereof, based
upon or arising out of damages or injuries to third persons or
their property, caused by the negligence of Lessee,' its agents or
emptoyees, in the use or occupancy of the said leased premises by
Lessee; provided, however, that Lessee shall not be liable for any
injury or damage or loss occasioned by the negligence of Lessor,
its agents or employees; anq.provided, further that Lessor shall
give t~ Lessee prompt and reasonable notice of any such claims or
actions and Lessee shall have the right to investigate, compromise
and defend the same. Le~see agrees to carry, and keep in force,
public liability insurance covering personal injury and property
d.:L':lage, and such other insurance as !I:<!;; be necessary to prot ('ct
-15-
I
"
Lessor herein from such claims and actions aforesaid, Lessee agrees
to carry an? keep in force such insurance with minimum limits of
liability for personal injury in a sum not less than $500,000 for
~
anyone person, and $l,OOO,OOO'for anyone accident; and for property
damage in a sum not less than $200,000; and to furnish Lessor ~ith
proper certificates certifying that such insurance is in force.
Lessee shall carry its insurance coverages with insurance' companies
authorized to do business in the State of Florida. The Lessee in
providing insurance required herein shall make the Lessor a co-
insured party thereto.
All personal proper~y placed or moved in the premises above
described shall be at the risk of the Lessee or Owner thereof, and
Lessor shall not be liable for any loss of or damage to said per-
sonal property, nor shall Lessor be liable to the Lessee for
damages arising from any act of negligence of any' co-tenant, or
of any other person whomsoever, except as stipulated hereinabove.
ARTICLE XV - OUIET ENJOYMENT
'.
Lessor agrees that, on payment of the rent and. performance of
i
the covenants and agreements on the part of Lessee to be performed
hereunder, Lessee shall peaceably have and enjoy the leased prem-
ises and all rights and privileges of said Airport, its appurten-
ances and facilities granted herein.
ARTICLE XVI -.SURRENDER OF POSSESSION
Upon the expiration or other termination of this lease or any
rene~al thereof, Lessee's right to use the premises, facilities,
rights, licenses, service$ and privileges herein leased shall cease
and Lessee shall forthwith upon such expiration or termination
surrender the same.
Except as otherwise pr~~ided in the agreement, all structures,
fixtur~s, furnishings, improvements, equipment and other property
bought, installed, erected or placed by Lessee in, on or about the
Airport and premises leas7d under this lease shall be deemed to be
personal and remain the property of the Lessee and Lessee shall have
the right at any time during the term of this agreement, or any re-
-16-
. ,
,
newal or extension hereof, to remove any or all of its property
from the A~rport; provided, however, that Lessee is not in default
in its payments to Lessor hereunder and provided Lessee shall
restore said premises to its original condition as at the beginning
of occupancy, ordinary wear and tear, damage by elements, fire,
explosion or other causes' beyond control of Lessee excepted.
ARTICLE XVII - DEFINITION OF TERMS
Whenever the term Federal Aviation Administration is used in
this lease it shall be construed 'as referring to the Federal Avia-
tion Administration created by the Federal Government under the
Federal Aviation Act of 1958, or to such other Federal Government
authority as may be the successor thereto or to be vested with the
same or similar authority.
Whenever the terms "person" and "persons" are used in the
lease, they shall be construed as including invidivuals. firms,
corporations and other legal entities. When in this agreement
written approval by Lessor is required, such written approval may
be given by the Director of Airports for Lessor.
ARTICLE XVIII - INSPECTION BY LESSOR
Lessor may enter upon the premises.now or hereafter leased
exclusively to Lessee hereunder at any reasonable time for any
purpose necessary, incidental to or connected with the performance
of its obligations hereunder, or in the exercise of its govern-
mental functions. All such inspections shall be during business
hours.
ARTICLE XIX - ASSIGNMENT AND SUBLETTING
,
,
Lessee shall not at any time assign this agreement or any
part thereof, nor sublet all or any portion of the leased premises
herein without written appr~val of Lessor; provided that the fore-
goings.hall not prevent the assignment of this agreement to any
..
corporation with which Lessee may merge or consolidate, or which
may succeed all or any portion of the business of Lessee. No
assignment of controlling interest in the corporate stock of the
Lessee shall be made without the consent of the LeSsor. The Lessee
-17-
. .
,
shall file .the names of the Corporate Officers with the County Com-
mission.
.
ARTICLE XX - NOTICES
.
Notices to Lessor provided for herein shall be sufficient if
sent by certified mail, postage prepaid, addressed to:
Director of Airports, Monroe County
Key West International Airport
South Roosevelt Boulevard
Key West, Florida 33040.
and notice to Lessee, if sent by certified mail, postage prepaid,
addressed to:
Mr Fr~rlR ~P"PT~ ~T
17 Diamond Drive
Kev West. Florida 33040
or to such other respective addresses as the parties may designate
to each other in writing from time to time.
ARTICLE XXI - PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience
of reference and are not intended to define or limit the scope of
any provision in this lease.
ARTICLE XXII - INVALID PROVISIONS
In the event any covenant, condition or provision herein
contained is held to be invalid by any court of competent juris-
diction the invalidity of any such covenaut, condition or provision
shall in no way affect any other covenant, condition or provision
h~rein contained; provided that the invalidity of such covenant,
condition or provision does not materially prejudice either Lessor
or Lessee in its respective rights and obligations contained in
the valid covenants, conditions or provisions of this lease.
ARTICLE XXIII - COVENANT NOT TO GRANT MORE FAVORABLE TERMS
Lessor covenants and ag:ees not to enter into any lease, con-
tract or agreement with any other restaurant, coffee shop.or
..
cocktail lounge with respect to the Airport containing more favor-
able terms than this lease or to grant to any other restaurant,
~
coffee shop or ~ocktail lounge rights, privileges or concessions
with respect to the said Airport which are not in accord with the
-18-
i'
Lessee hereunder unless the same terms, rights, privileges and
concession~ are concurrently made available to the Lessee.
ARTICLE XXIV - SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
All the covenants, stipulations, and agreements in this lease
shall extend to and bind the legal representatives, successors
and assigns of the respective parties hereto.
ARTICLE XXV - RESTROOM FACILITIES
All restrooms shall be open during the operating hours and shall
be maintained by the Lessor.
ARTICLE XXVI - RESTRUCTURING OF PARTY WALL
Subject to the plans and specifications agreed to by both the
parties hereto, the party wall between the leased premis~s and the
Terminal proper shall be restructured by the Lessee to provide for
glass partitions.
ARTICLE XXVII - NON-DISCRIMINATION CLAUSE
The Lessee in exercising any of the rights or privileges
herein granted to him shall not on the grounds of race, color or
national origin discriminate or permit discrimination against any
person or groups of persons in any manner prohibited by Part 15
of the Federal Aviation Regulations, and the Lessor is hereby
granted the right to take such action, anything to the contrary
herein notwithstanding, as the United States may direct to enforce
this non-discrimination covenant.
ARTICLE XXVIII - INTERPRETATION OF LEASE
Nothing in this lease shall be construed or interpreted in
any'manner whatsoever as limiting, relinquishing. or waiving of
any rights or ownership enjoyed by Lesso~ in the Airport property,
or in any manner waiving or limiting its control over the opera-
tion, maintenance, etc., of , Airport property or in derogation of
such governmental rights as Lessor possesses, except as is. speci-
fically provided for herein.
-19-
. .
,
IN WITNESS WHEREOF, the parties hereto have caused this lease
to be executed as of the day and year first above written.
STATE OF FLORIDA
(Seal)
Attest:
6f! {JJ.xs----
'--- C erk
(LESSOR)
~<L!~~ .
(LESSEE)
....
/
SECOND ADDENDUM TO AIRPORT LEASE
. .
I
THIS SECOND ADDENDUM entered into this 7th,.day of
October, 1992, by and between MONROE COUNTY, a political subdivi-
sion of the State of Florida, hereinafter referred to as "Les-
sor," and JOHN RICHMOND, President of CONCH FLYER, INC. and FRANK
RICHMOND, Vice President of CONCH _,FLYER, INC., hereinafter
referred to as "Lessees."
WIT N E SSE T H:
That the Lease Agreement entered into between Lessor and
Lessees, dated April 18, 1983, and subsequent~~ assigned to
Lessees by an Assignment and Addendum to Airport Lease, dated
January 23, 1985, is herein am~nded as follows:
ARTICLE II - TERM
This lease and all the rights herein granted shall become
operative and effective on the 18th day of April, 1983, and shall
end and terminate on the 17th day of June, 1994, unless sooner
te~inated by provipions 'herein described.
Due to the anticipated construction of the new terminal
~~ilding at Key West International Airport CKWIA), upon the
normal termination of this Lease, Lessees shall have the option
to continue.to lease the premises described herein on a month to
month basis only. Le~sees shall exercise their option by notify-
ing Lessor in writing at least thirty (30) days prior to the
normal expiration of this Lease.
Lessees' . occupancy, of the leased premises described herein
on su~h a month to month basis shall continue until such time as
I :
the new terminal facilities are completed at KWIA. Prior to such
completio~, however, Lessor agrees to provide Lessees with ninety
(90) days advanced notice of an estimated completion date of said
new facilities.
IN WITNESS WHEREOF, the parties, hereto have caused this
Addendum to 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 Q~c.. ~~
Deputy Clerkl .
I
By
(CORPORATE SEAL)..,
." k-""\
:5 !
-J(- _/
"~ ,.-..---
SeCl;etary
/
I
.Li
..........
/
------. -~.---_... _..~l.,.,-' ........;;:, =.:::...:....;: ~UJ U..L ...,.;:1; ~~" ..............J.
1985, is retroactive to Septe~ber 24, 1984. This Lessee assignor
herein, Fred B. Sellers, Sr. and the assignees hereof, John
Richmond, President of Conch Flyer, Inc., and Frank Richmond,
Vice President of Conch Flyer, Inc.
:.._~
WI! N E S S'E T H:
That for valuable consideration heretofore made from the
~.assignee to the Lessee, the lease referred to herein be and the
. ...... u__... .
same is her7by transferredland assigned over, it being under-
stood as follows:'
1. That the aforesaid Conch Flyer, Inc., with the consent
and direction of the Monroe County Commission, has become and is
the assignee of all right~, titles and provisions of that certain
.lease entered into on the 18th day of April, A.D. 1983, by and
between Fred B. Sellers, Sr, and Monroe County, Florida, as per
Article XIX - Assignment and Subletting~
2. That said assignment took effect on September 24, 1984
and that the Monroe County Board of County Commissioners approved
the assignment on September 21, 1984,
3. The assignees hereby accept the foregoing lease subject
to all the terms and conditions thereof.
4. In all other respects, the lease heretofore assigned
remains in full force and effect.
IN WITNESS WHEREOF, we have hereto affixed our hands and
,seals on the day andYear.f1rst~
.~' RED B. SEL R, R.
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APPROVED BY NOiIROE COUNTY. STATE OF FLORID...,
COUNTY OF MONROE, STATE OF FLORIDA
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By \..s:>-.u.~ . ___. ~ ,~, '\-
Mayor an a~rman 0 tne
Board of County Commissioners
of Monroe County, Florida
(SEAL)
Attes t :DiNNx L. KOLHAGE,. Clerk
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1lf'!'nOVCD.l.S TO FORM
AND LEG,1L SUr-rlC"fiCY.
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EXHIBIT 'A'
IMPROVEMENTS
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The following is a list of capital improvements, repairs, replacements proposed to THE
CONCH FLYER RESTAURANT to be done during the construe-tion phase of the Key
West Airport Tenninal Renovation. The total cost of these improvements shall be born
by the lessee and will require NO COUNTY FUNDING.
The improvements made to the prem"ises will include, but not be limited to:
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A) Replacement of present Walk in Cooler refrigeration box and associated compressor
unit. Estimated cost (including labor)........$ 1 5,942.00
B) Replacement of present Garland Gas Range, Salimander, Broiler and Oven units with
Garland high efficiency gas range units 42" griddle and double ovens Estimated cost
(including shipping, installation and disposal fees.............$9,532.00
C) Repair and installation of new gas lines, tanks and gas regulator systems including gas
shut off emergency systems to replace irrepairable existing system. To be completed
and certified by Public Gas Inc. Estimated Cost: $2,500.00 -
D) Replace and install two new Frymaster gas deep fryers and associated Plumbing:
Estimated Cost: $3,600.00
E) Purchase of two replacement Reach in Freezer units by True Refrigeration:,
Estimate cost of purchase and Wireing installation:.........$13,500.00 '
F) Purchase ofHogisaki 1000 icemaker and stroage bin: Est Cost: $5,300.00
G) Replacement of all stainles steel prep tables (6) and purchase of storage racks
pantry shelves and misc. kitchen equiptment........Est Cost: $4,000.00
I) Replacement of a\c ducting, kitchen ceiling, clean up of existing electrical wiring
and installation of an additional 6 flourescent ceiling fixtures. Estimated Cost:
including labor: $6,000.00 .
J) Carpentry, electrical, ~d plumbing to repair and replace kitchen wall areas due to
age, water damage, and install new dishwashing area Estimated Cost: $4,000.00
K) Replace existing lenoliuni kitchen floor with commercial grade Quarry tile and
" plumg for drainage Est Cost including labor and removal of old floor: $6,500.00
L) Upgrading and repairing existing 200 amp electrical service to 300 amps and
inspecting and repairing existing wiring to meet current needs and code: Est Cost
$3,000.00 .
M) Replace exisiting lenolium floor on observation deck with Quarry tile and Seal for
leaks Actual Cost: $3,655.00 /
N) Remove, repair, and instaIl new landscapeing on the area facing Cape Air Trailer
Replace walkway, facade, and install 26 tons of screeting sand and landscape
. timbers along with associated lighting and signage. Actua~ Cost $6944.00
0) Remove, repair and install new undercounter sinks and refrigeration units behind
bar a:~ea and replace existing sinks, faucets, and .associated plumbing. Estimated
Cost: $3,600.00 .'
P) Build and Install custom three piece 46 foot bar top with customs lamination and
photograph~ Actual Cost: $4,400.00
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Q) Replacement of66 ($135 ea) chairs and 30 (SI 14 ea) bar sto91s:' Est Cost
$12,330. .
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R) Carpet replacement in dining room and Customer waiting area:. Est Cost: $2400.00
S) Replacement of8 Ceiling fans and installation of 16 recessed can light to replace the
three existing hanging fixtrues Est Cost: S2, 1 00.00
T) Budgeted amount for miscellaneous supplys, tools, and non budgeted items and cost
overruns. Budgeted amount: S1O,OOO.OO
EXHIBIT 'B'
INSURANCE
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J ~6 Edilio;l
MONROE COUNTY, FLOIUDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACI' ADMINISTRATION
MANUAL
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Gener~1 Insurance Rcquircmcnts
for
Airport/Aircraft Activities
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Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, 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 th~ Vendor.
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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 alI activities conducted by the Vendor and its Contractors
until the required insurance has been reinstated or replaced. ','
1f1e 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.
Th~ <;ounty, at its sole option, has the right to request a certified copy of any or all insurance.
polICIes required by this contract '.
All ~urance policies must specify that they are not subject to cancellation, non-renewal,
ptat~nal change, or reduction in coverage unless a minimum of$irty (30) days prior notification
IS gIven to the County by the insurer.
The acceptance and/or ~Pprov~l 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.
:me Monroe County Board of County Commissioners, its employees and officials will be
Included as "Additi?naI 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. /
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LIQUOR LIABILITY
INSURANCE REQUlRE~1ENTS
FOR
CONTRACT
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BETWEEN'
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M:Ol\TROE COUNTY, FLORIDA
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Recognizing that the work governed by this contract involves the sales and/or distribution' of alcoholic
beverag'es, the Contractor's General Liability Insurance policl' shall include Liquor LiabilitY With limits
equal to those of the basic coverage. .
A separate Liquor Liability policy is acceptable if the coverage is no more restrictive than the
Contractor's General Liability policy.
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The ]vionroe County Board of County Commissioners will be included as Additional Insured if a
separate Liquor Liability policy is provided.
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GUJQ
\VORKERS' COM:PENSATION
INSURANCE REQUlRE!\fENTS
FOR
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CONTRACT
BETIVEEN
!\fONROE COUNTY, FLORIDA
' AND
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Prior to the CO!lll11encemcnt of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance "ith limits of not Jess
than: ,
5500,000 Bodily Injury by Accident
5500,000 Bodily Injury by Disease, policy limits
5500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire tenn 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 Dep~ent of Labor, as an authorized self.
~, the COUllty shall recognize and honor the Contractor s status. The Contractor may be
Teqwred to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsura.~ce, pro\iding '::!:i!s 0" the Contractor's Excess Insurance Program,
If the ~ntraclor participates in a self- i'!5urance fun~" - .rtifi cate o~ Instirance will be required.
In addtllon, the Contractor may be requITed to SUbllUl c; . · cd finanCIal statements from the fund
upon request from the County.
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INSURANCE REQUlRE~1ENTS
FOR .
CONTRACT
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. BET\VEEN- " .. .. '.
MONROE COUNTI', FLORIDA
AND
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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
· Expanged DefInition of Property Damage
The minimum limits acceptable shall be:
5500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
5250,000 per Person
5500,000 per Occurrence
S 50,000 Propeny Damage
An Occurrence Form- policy is preferred. If co\'erage is provided on a Claims 11ade policy, its
provisions should include coveraQe for claims filed on or after the effec~ive date of this contract
In addition, the period for which claims may be reported should e:\1end for a minimum of twelve
(12) months following the acceptance of work by the County,
The 1.fo,nroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements. '
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VEHICLE LIABILITY
INSURANCE REQUIRE^fENTS
FOR
CONTRACT
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BET\VEEN ,
M:ONROE COUNTY, FLORIDA
" AND
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Recogclzing that the work governed by this eonln1ct requires the use of vehicles, the Contractor
priort~ the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall b~
maintain'Cd throughout the life of the conln1ct and include, as a minimum, liability coverage for:_
.
· Ov.'I1ed, Non-Ov.rned, and Hired Vehicles
The minimum limits acceptable shall be:
SlOO,OOO Combined Single Limit (CSL)
If split limits are provided, the minimwn limits acceptable shall be:
S 50,000 per Person'
S1 00,000 per Occurrence
S 25,000 Property Damage
The ~~o~o~ County Board of County Commissioners shall be named as Additional Insured on
all POhcIes Issued to satisfy the above requirements.
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THE CONCH FLYER RES'I'AURAN'I'
3495 South Roosevelt Blvd. Key West, FL 33040
Phone 305-296-6333 Fax: 305-293-9196
February 28, 2004
Bevette Moore
Airport Business Administrator
Key West International Airport
3495 S. Roosevelt Blvd.
Key West, FL 33040
Dear Bevette,
Per our lease agreement addenda dated October 7, 1992 and January 23, 1985, this letter is to notify
the county of our intent to exercise our additiona15-year term renewal option to go into effect on
January 23,2005.
We have enjoyed our relationship with the county and its administrators and look forward to
continuing it in the future.
Thank you for your efforts and cooperation.
Sincerely, .,
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John Ric~ond '-..-
Conch Flyer, Inc.
Cc!file/registered mail
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