07/26/2000 Agreement
AGREEMENT FOR THE CANCELLATION OF LEASE
AND PURCHASE OF EQUIPMENT
THIS AGREEMENT for the cancellation of a lease and the purchase of equipment is
entered into by and between Monroe County, a political subdivision of the State of Florida,
whose address is Marathon Airport, Marathon Airport Manager, 9400 Overseas Highway,
Marathon, FL 33050, hereafter County, and Kentil Foods, Inc., a Florida corporation, d/b/a
Aviators Restaurant & Lounge, and Tilden Billiter and Sally Billiter, individuals, hereafter
Lessees or Tenants, whose address is 1010 95th Street Ocean, Marathon, FL 33050
WHEREAS, in 1997 the parties entered into a lease for a lounge and restaurant at the
Marathon Airport;
WHEREAS, in 1997 both parties expected increased commercial airline traffic at the
Marathon Airport;
WHEREAS, upon entering into the lease the Lessee's purchased equipment, and
continuously purchased the inventory, needed to operate a lounge and restaurant;
WHEREAS, unfortunately commercial airline traffic at Marathon Airport has
significantly decreased since 1997 making the operation of an Airport restaurant and lounge
economically unfeasible;
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WHEREAS, the County recognizes the economic unfeasibility of the con@uejfop8atiii
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of the restaurant and lounge and desires to use the space leased to the Te 2': foc::ot~
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purposes; now, therefore, Q' r- _ -...
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1. The parties mutually agree to cancel the 1997 lease between the County and
Kentil Foods, Inc., (the 1997 lease), a copy of which is attached to this agreement as Exhibit A
and made a part of it. The parties further agree to release each other from any and all claims,
liabilities, duties or obligation that each party had to other under the 1997 lease.
2. The County agrees to purchase from the Lessees the equipment and inventory
listed in Exhibit B for $14,167.00. Exhibit B is attached and incorporated into this agreement.
Lessees represent to the County that the equipment and inventory is stored on the leased
premises (the premises) described in the 1997 lease. Upon the execution of this agreement by
the parties, the County's Marathon Airport Director must immediately inspect the equipment
and inventory. If the Marathon Airport Director determines that the equipment and inventory
on the premises match the equipment and inventory on the list set forth on Exhibit B, then the
Director shall cause Kentil Foods, Inc. to be paid the sum listed above within twenty days of
such determination.
3. The Lessees, both the corporation and individuals personally, warrant that the
equipment and inventory listed on Exhibit B is free and clear from the liens and claims of all
creditors, regardless of whether such liens and claims are filed in the public records of Monroe
County.
If, after making the payment described in paragraph 2 and taking delivery of the
equipment and inventory, the County is notified by a creditor of any of the Lessees of a lien or
claim on any of the equipment or inventory listed on Exhibit B, one, or all, the Lessees must
promptly pay the creditor and obtain a release of claim or lien on the County's behalf. The
corporate Lessee is, and individual Lessees personally are, responsible for the payment of a
creditor of any of them asserting a claim or lien against any of the equipment or inventory listed
on Exhibit B. Alternatively, the County may pay any such creditor. If the County pays the
creditor, the Lessees will be obligated and liable to the County for any amounts paid.
4. The Lessees agree that the County may remove their names from the list of
persons authorized to utilize the liquor license granted to the County by the State of Florida
for the Marathon Airport.
Y L. KOLHAGE, CLERK
BOARD OF COUNIY COMMISSIONERS
OF MONROE COUNIY, FLORIDA
By cJ'~-:F~
Mayor/Chairman 7. z.~. 00
(SEAL)
ATTEST:
KENllL FOODS, INC. d/b/a
AVIATORS RESTAURANT & LOUNGE
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By
Title:
Ii Li)€N 51 LL' n::-e.
PR€SI DENr
By
By
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Tilden Billiter, ar. individual
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t: XH l~rr A
LEASE FOR SNACK BAR. RESTAURANT
AND LOUNGE ATTHE MARATHON AIRPORT
This lease agreement is made and entered into by Monroe County. a political subdivision of
the Stat~ of Florida. hereafter COUNTY or Lessor. and KENTlL FOODS. INC... d/b/a AVIATORS
RESTAURANT & LOUNGE. hereafter Lessee or Tenant.
WHEREAS. the Lessor is the owner of the Marathon Airport. hereafter AIRPORT. that has space
available for a snack bar. restaurant and lounge: and
WHEREAS. the Lessor desires to enter into ci lease agreement with the Lessee for the operation
of a snack bar. restaurant and lounge at the Airport: and
WHEREAS. the Lessee desires to enter into such a lease and represents to the Lessor that it is
qualified to operate an airport snack bar. restaurant and lounge and has the financial resources to
undertake such an operation: now. therefore.
The parties agree as follows:
1. The Lessor leases to Lessee the Airport area shown on Exhibits A 1 and A2. hereafter the
premises. for use as a snack shop. restaurant and lounge. hereafter occasionally referred to as the
operation. Exhibits A 1 and A2 are attached to this agreement and incorporated by reference.
2. The Lessee is also authorized to sell alcoholic beverages on the premises under the
special airport license issued to the Lessor's Board of County Commissioners under Chapter 561. F.S.
The Lessee understands that the special airport license will remain in the name of the Lessor's Board
of County Commissioners. and has not been sold to him. or otherwise transferred to him. but only that
he is authorized to sell alcoholic beverages under the license because of his status as the County's
L~ssee.
3. The Lessee also provide on the premises services normally fumished by a restaurant.
snack bar and lounge. including the sale of restaurant logo T-shirts. hats. cold drink huggies. and
related logo items. However. the only form of entertainment permitted is a tape/CD sound system or
television. Other forms of entertainment may be permitted with the written consent of the Airport
Manager. No' sound source may be permitted that is so loud that it interferes with normal
conversation in the main ticketing area or disturbs the patrons or staff in that area.
4. (a) The lessee must comply with all the applicable requirements of the statutes,
rules, ordinances and orders of the federal and state govemments and the County either in effect on
the effective date of this lease or adopted later.
(b) The lessee, its employees, agents, suppliers of materials or services and
customers have the right of egress and ingress from the premises without any charge, including any
parking charges. Nothing in this subparagraph constitutes a limitation on the lessor's ability to
impose fees on any ground transportation services serving the Airport.
5. This lease agreement will take effect on the day of , 1997, and will
terminate on the _ day of , 2002, unless terminated earlier under another paragraph
of this agreement. This lease is renewable for two additional five-year terms at the option of the
lessee. To exercise its option, the lessee must notify the lessor of its intent to renew in writing 30 days
or more before the end of the expiring lease term.
6. (a) lessee must pay the lessor as rent 10% of the cross oroceeds of the operation
for each calendar month. The rent payment is due by the 15th day of the month that follows the
month for which the rent is due. The lessee must also pay the lessor, by the date just described, $250
per month for utilities for the upstairs portion of the premises and $250 per month for the downstairs
portion. lessor will furnish the premises with back-up generator service should the FKEC electric
service fail. In the situation where both FKEC power and the back-up generator fail, the lessor is not
responsible or liable for any spoilage of refrigerated or frozen food items.
(b) No rent or utility payments are due under this agreement until the downstairs
portion of the operation is open for business. If the operation opens on a date other than the first of
the month, then the rent and utility charge will be prorated as a percentage that the number of
days in the month that the operation was in business represents to the month as a whole,
(c) lessee must open the downstairs portion of the operation for business within
one year of the effective date of this agreement.
(d) The utility charges will be increased each year by a percentage equal to the
percentage of the increase in the consumer price index (Miami/Ft. Lauderdale area) for the previous
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year. The increase will take effect on the anniversary month of the month when the operation or
portion of the operation opened for business.
(e) The Lessee must maintain the financial records relative to the operation on
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generally accepted accounting principles. Those records are open to inspection by agents or
employees of the Lessor at any time during regular business hours (M-F 9AM to 5PM, excluding
holidays). An annual operating statement prepared by a c.P.A. must be provided to the Lessor on or
before February 28 of the following year.
(f) The Lessee must pay all assessments. taxes. including sales taxes. levied by any
governmental body with the power to impose assessments or taxes. The Lessee must provide the
Airport Manager with the sales tax records for each year on or before February 28 of the following
year.
(g) The Lessor will providt;: the "tenant finish." with a total cost not to exceed
$100.000, for both premises. Tenant finish includes:
(i) walls, including the construction and any paint or wallpapering:
(ii) floors. including carpet and pads or linoleum:
(Hi) ceiling and drop ceiling, including lighting and AC ducts:
(iv) bar and the back bar. plumed or permanently attached;
(v) booths that are permanently attached;
(vi) kitchen exhaust fans that are permanently attached.
Although the Lessee may provide suggestions and requests regarding the improvements and fixtures
described in subparagraphs (g)(i)-(vi). the final decision regarding those items is with the Lessor's
architect. The Lessee must provide all other items and equipment needed for the operation
including, but not limited to: tables. chairs, kitchen equipment. grease traps, and refrigeration units.
All the improvements and equipment described in subparagraph (v) (i)-(vi) are and remain the
property of the Lessor. The Lessee must not permit. allow or cause a lien or other encumbrance to be
placed on any improvement or fixture described in subparagraph (g)(i)-(vi). Lessee's items and
equipment must be removed from the premises when this lease terminates.
(h) If the Lessee fails to pay any rents or charges due under this lease within 15
days after the Lessor notifies the Lessee in writing that the rent or charge is overdue, then the Lessor
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may. in its discretion , either immediately or later, re-enter the premises and repossess the premises
and expel the Lessee and any persons claiming the premises by or through the Lessee, and remove
any of the Lessee's effects without being guilty of trespass and without prejudice or waiver to any
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other available remedy the Lessor might have for the recovery of the rent or charges due from the
Lessee. Upon the Lessor's re-entry, this lease will terminate. However. the Lessee's obligation to pay
the rent or charges due will survive the termination. Overdue rent and charges will accrue interest
beginning on the 16th day after the Lessee was notified in writing by the Lessor that the rent or
charges were overdue. The interest rate will be that established by the Comptroller under Sec. 55.03,
F.S.. for the year in which the rent or charge first became overdue.
7. The Lessee agrees to furnish good, prompt and efficient service to meet all demands
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for snack bar. restaurant and lounge :;ervice at the Airport. The operation must be open for service
/365 days per year from 30 minutes prior Hirst flight out until 30 minute~ past last flight arrival, on a
seasonal basis (except for the sale of alcoholic .beverages which may only be sold during hours
when their sale is permitted by County Ordinance). The hours can be revised by mutual consent.
8.
(a)
The Lessor must operate. maintain and keep in good repair the Airport,
Terminal Building. and the Airport parking lots. The Lessor is not required to perform maintenance
and make repairs to the Airport. Terminal Building or parking lot caused by negligence of Lessee. its
employees. or customers. If that happens, then it is the responsibility of the Lessee to make the
repairs although. at the Lessor's option, the Lessor may perform the maintenance or repairs and
charge the reasonable cost to Lessee. The Lessor may also abandon facilities that are no longer
reasonably ju!:tified for the proper and adequate operation of the Airport.
9.
(a)
The Lessee must provide an adequate number of covered metal waste
containers at suitable locations, and must deposit all premises generated trash and waste in those
containers for proper disposition of the waste at the place designated by the Lessor.
(b) No signs, on premises advertising, or awnings may be erected by the Lessee on
the premises o~ elsewhere at the Airport, unless they are approved by the Airport Manager in writing.
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No exterior architectural changes may be made without the consent in writing of the Lessor's Airport
Manager, whose consent will not be unreasonably withheld.
(c) If any part of the premises exterior or interior is injured or damaged by any
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breaking or entering into the premises. or by an attempt to break or enter the premises, the Lessee
must promptly make all the necessary repairs at his expense to restore the premises to the condition
immediately prior to the breaking or entering or the attempt to break or enter.
(d) The Lessee is responsible for the maintenance of the premises. including the
equipment and fixtures on the premises such as (but not limited to) plumbing. lighting. carpeting.
planters, bars. seating, stoves. refrigeration equipment electric wiring and fixtures. doors. and walls.
The Lessee must at his own cost. make the repairs needed to preserve them in good condition. The
repairs must equal or exceeds the quality of the original work. However. the Lessor must maintain the
premise air conditioning at its expense. The Lessee must also provide pest control for the premises at
own expense.
10. The Lessor does not make any representations or warranties regarding the premises
beyond those set forth in this agreement. The taking of possession of the premises by the Lessee is
conclusive evidence that the premises and the Terminal Building were in good and satisfactory
condition when the Lessee took possession. In no event will the Lessor be liable for any building
construction defects whether in the premises or elsewhere the in Terminal Building.
11. In the event the premises are partially damaged by fire. explosion, the elements, the
public enemy or other casualty. but not rendered untenantable. then the premises will be repaired
with due diligence by Lessor at the Lessor' 5 cost and expense. If the damage is so extensive that the
premises are rendered untenantable but capable of being repaired within 30 days. then the
premises will be repaired with due diligence by Lessor at the Lessor's cost and expense. The rent
payable under this lease will be waived until the premises are fully restored. If the premises are
completely destroyed or so damaged that the premises will be untenantable for more than 30
days. the Lessor is under no obligation to repair and reconstruct the premises. and the rent must be
paid only up to the time of the damage or destruction and then the obligation to pay rent ceases
5
until the premises are fully restored. If within 30 days after the damage or destruction the Lessor fails
to notify Lessee of the Lessor's intention to repair or reconstruct the damaged or destroyed premises,
or to furnish a substantially equivalent facility, then the Lessee may give Lessor written notice of its
"
intention to then cancel this agreement.
12. The Lessor may cancel this agreement when, after giving the Lessee 30 days written
notice that an act of default has occurred, the Lessee fails or cannot cure the following:
(a) The appointment of a receiver of the Lessee's assets.
(b) The divestiture of the Lessee's interest in the lease by court order or other
operation of law.
(c) The Lessee's abandonment of the operation. Failure to open the operation
and keep it open durir.g the business hours described in this agreement, for seven (7) consecutive
days is acandonment.
(d) The failure of the Lessee to timely perform the other obligations required of it
under this agreement.
No waiver of default by the Lessor of any of the obligations required of the Lessee
under this agreement may be construed as a waiver of any subsequent default of any of the
obligations that are required to be performed, kept or observed by the Lessee. The Lessor's waiver of
an act of default by the Lessee is not a waiver of the right of the Lessor to later cancel this
agreement because of the Lessee's failure to subsequently perform an obligation or obligations
under this lease agreement.
13. If the Lessee is not in default of its obligation to pay tbe rent and the charges, then the
Lessee may cancel this agreement when, after giving the Lessor 30 days written notice of an act of
default, the Lessor fails or cannot cure any of the following:
(a) The issue of a court order enjoining or in any way restraining the use of the
Airport for Airport purposes if the order remains in effect for a period of at least 90 days.
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(bj The inability of the Lessee to use for 90 days or more the premises or the Airport
because of a fire. explosion or other casualty or disaster. provided that the casualty event was not
caused by r;'legligent or intentional act(sj of the Lessee.
(cj The failure of the Lessor to timely perform the obligations required of it under
this lease agreement.
(dj The assumption by the United States Government or any authorized
governmental agency of the operation control or use of the Airport and facilities. or any substantial
part or parts. in a manner that substantially restricts Lessee for a period of at least 90 days. from
conducting the operation.
The Lessee's performance of obligations this agreement when the Lessor is in default is
not a waiver by the Lessee to later terminate this agreement becausl: of a subsequent failure by
Lessor to perform its obligations.
14. (aj Before entering the premises. the Lessee must obtain insurance in the amounts
and according to the conditions described in Exhibit B. Exhibit B is attached and made a part of this
agreement.
(b) The Lessee must keep in full force and effect the insurance described in Exhibit
B during the term of this agreement. If the insurance policies originally purchased that meet the
requirements of Exhibit B are canceled. terminated or reduced in coverage. then the Lessee must
immediately substitute complying policies so that no gap in coverage occurs.
(cj The insurance required of the Lessee in this paragraph is for the protection of
the County. its property and employees. and the general public.. The insurance requirement is not.
however. for the protection of any specific member of the general public who might be injured
because of an act or omission of the Lessee. The insurance requirements of this paragraph do not
make any specific injured member of the general public a third party beneficiary under this
agreement. Therefore. any failure by the County to enforce this paragraph. or evict the Lessee from
the Airport if the Lessee becomes uninsured or underinsured. is not the breach of any duty or
7
obligation owned to any specific member of the general public and cannot form the basis of any
County liability to a specific member of the general public or his/her dependents. or estate or heirs.
(d) Notwithstanding anything set forth in paragraph 12 of this agreement. the
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Lessor may treat the Lessee in default if the Lessee. after entering the premises but before beginning
its operation. does not have the insurance required by subparagraph 14(a) and Exhibit B. Before the
County may terminate the agreement in this situation. the County must give the Lessee a written
notice of the default stating that, if the required insurance is not obtained within ten (10) days of the
Lessee's receipt of notice. then the County will cancel this agreement. The County may treat the
Lessee in default and cancel this agreement if the Lessee. after starting the operation. fails to keep in
full force and effect the insurance required by subparagraph 14(a) and Exhibit B. Before treating the
Lessee in default and terminating the agreement in this situation. the County need only provide the
Lessee 24-hour notice by FAX or overnight courier. The County may, but need not. provide Lessee
with an opportunity to cure the default.
15. The Lessee is liable for and must fully defend. release. discharge, indemnify and hold
harmless the County, the members of the County Commission. County officers and employees. and
County agents and contractors, from and against any and all claims. demands. causes of action.
losses, costs and expenses of whatever type - including investigation and witness costs and expenses
and attorney's fees and costs - that arise out of or are attributable to the Lessee's operations at the
premises or use or the Airport site, excluding those claims. demands, damages. liabilities. actions,
causes of action, losses. costs and expenses that are the result of the sole negligence of the County.
The Lessee's purchase of the insurance required in paragraph 14(a) and Exhibit B does not release or
vitiate its obligations under this paragraph.
16. The Tenant for himself. his personal representatives. successors in interest. and assigns.
as a part of the consideration hereof. does hereby covenant and agree that (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
8
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 by or pursuant to Title 49. Code of Federal
l
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.
That in the event of breach of any of the above nondiscrimination covenants. the
County shalf 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 appeal
rights.
17. This lease and all provisions hereof are subject and subordinate to the terms and
l!
conditions of the instruments and documents 'under the Airport Owner acquired and subject
property from the United States of America and shalf be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner. and any existing or subsequent amendments thereto. and are subject to any ordinances.
rules or regulations which have been. or may hereafter be adopted by the Airport Owner pertaining
to the Marathon Airport.
18. Notwithstanding anything 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 fe'l grant similar privileges to another Lessee or
other Lessees on other parts of the Airport.
19. At the end of this agreement (or any renewal). the Lessee's right to the premises. the
use of Airport facilities. the alcoholic beverage license. and any other right or privilege granted
under this agreement ceases. The fixtures and equipment that are attached to the real estate now
become the property of the Lessor. All other equipment. improvements. furnishings and other
property of the Lessee at the premises are personal to the Lessee and remain the property of the
9
Lessee and must be removed by him. The Lessee must also restore the premise to its original
condition, ordinary wear and tear and damage by causes beyond the control of the Lessee
excepted.
20.~ Lessor may enter upon the premises at any reasonable time, with advance notice, for
any purpose connected with the performance of the Lessor's obligations under this agreement or in
the exercise of its governmental functions.
21. The Lessee may not assign this agreement. or any part of it. or sublease the premises.
or any portion of the premises, without the written approval of the Lessor. The change of the Lessee I s
status from an individual to a partnership or corporation is an assignment under this paragraph
requiring the Lessor's approval. if the Lessee is approved to do business in the corporate form, any
assignment of a controlling interest in the corporat'3 stock is also an assignment under this paragraph
that requires the Lessor's approval. All the obligations of this agreement will extend to the legal
representatives. successors and assigns of the Lessee and Lessor.
22. This agreement is governed by the laws of the State of Florida and the United States.
Venue for any dispute arising under this agreement must be in Monroe County, Florida. In the event
of any litigation. the prevailing party is entitled to a reasonable fair market value attorney fees and
costs.
23. This agreement has been carefully reviewed by the Lessee and the Lessor. Therefore,
this agreement is not to be construed against any party on the basis of authorship.
24. Notices to the Lessor provided for in this agreement. unless otherwise specified. must
be sent by certified to:
Marathon Airport Manager
9400 Overseas Highway
Marathon. Florida 33050
Notices to the Lessee provided for in this agreement. unless otherwise specified. must be sent by
certified mail to:
Kentil Foods, Inc.
dlbla Aviators Restaurant & Lounge
1010 95th Street Ocean
Marathon, Florida 33050
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25. This agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This agreement cannot be modified or
replaced except by another written and signed agreement.
IN~ WITNESS WHEREOF, each party has caused this agreement to be executed by a duly
By
By
authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE. Cl
ATTEST:
KENTIL FOODS, INC. d/b/a
AVIATORS RESTAURANT & LOUNGE
By
B;-;l~ tf-~
Title:
pcons/snackbar.doc
11
EXHIBITS A. 1 & A. 2
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EXHIBIT 'B'
, ' ,
INSURANCE
11)1)(, hhlulII
,
,
,
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport! Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at hislher own expense, insurance as specified
in the attached schedules, which are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its COfltractors
until the required insurance has been reinstated or replaced.
The Vendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
~at~rial change, or reduction in coverage unless a minimum of thirty (30) days prior notification
IS gIven to the County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
!he Monroe County Board of County Commissioners, its employees and officials will be
mcluded as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and
approved by ~onroe County Risk Management.
Ad"ll""lral'''" '",If"elll"!
:1.1;111) )
>.\
MOJ\ROE COUNTYMOl\ROE COUNTY, FLORlDA
RISK !\1ANAGEMENT
POLICY AND P.ROCEDURES
CONTRACT ADMINISTRATION
" .. .. .
MANUAL.. .
. :. ..1; ,. '. r.,;
\
Indemnification and Hold Harmless.
::' for AiiportJAircrart:AcdvHics'L'::'
.\ [j!
. .~ - ..'.. ~
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reaso~' of services provided by the Vendor or any of itS Contractors, occasioned by the .
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
AIR
ICICI
GE1'\ERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
, ,
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injwy Liability
· Expanded Definition of Property Damage
The I11inimum liIl'its acceptable shall be:
$300.000 Combined Single Limit (CSL).
If split limits are provided. the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50.000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy. its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLI
q
LIQUOR LIABILITY
INSURANCE REQUlRE1\IENTS
FOR
CONTRACT .' .
,-
, ,
B~TWEEN
1\fONROE COUNTY, FLORIDA
, - AND-,
::
.-: 'to
.J. ...
. ~ .t
Recog~zing that the work governed by this contract involves the sales and/or distribution' of alcoholic
beverages, the Contractor's General Liability Insurance policy 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.
The Monroe County Board of County Commissioners will be included as Additional Insured if a
separate Liquor Liability policy is provided.
GLLIQ
'- 'I
VEHICLE LIABILITY
INSURANCE REQUIRE~1ENTS
FOR
CONTRACT
"
BET\VEEN ,
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
priorto ~e commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Ov.'Iled, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits .acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
"1.1
1'1
\\'ORKERS' CO~1PENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the.conunencement of work governed by this contract., the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
. . -
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self.
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Lener of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
we]
~;s
EXHIBIT 'C'
. TiLDEN BILllTEH
Phone (305) 743-0223
Fax (305) 289-3002
C1)P~
-::;-----=-
1010 95TH ST OCEAN
!\tIARA THON, FL 33050
USA
, ,
.
PROPOSAL
FOR
Marathon Airports - Snack Bar, Restaurant, and Lounge
PROPOSED INTENTIONS
With all due respect, listed below are our intentions and the conditions we
would like you to consider in hopes of coming to an agreement for a joint
venture.
WE PROPOSE:
TO RENT the areas listed as, Lobby area - 324 sq. ft., Patio area - 345 sq. ft.
Space #'s 124, 125,210, and 211 - 1195 sq. ft.. Total 1864 sq. ft..
TO OCCUPY AND USE these areas to provide Marathon Airport with a full
service dining and lounge facility. Limited to the sale of Food & Beverage
items and logo merchandise. Our objective is not only to provide the airport
with this quality dining and lounge operation, but hopefuny become a place
where our community can not only come to enjoy good food and impeccable
service, but also to discover just how valuable the airport is to our community.
IN THE UPSTAIRS AREA - Aviators' Restaurant, wilJ .provide a full lunch
and dinner facility, to include service for - Business luncheons, Private and
Social groups and Special events. For lunc.h, dress and. attitude will be casual
and relaxed. Dinner will change modes to a more elegant setting. We win
provide our customer with a peaceful and quit ambiance, where individual
attention and comfort will be a priority. Our decor will based on that of the
aviator theme with a blend of the tropics.
HOUR OF OPERATION will be: lunch - 11:00am until 2:30pm; and dinner-
5:00pm uqtil 7:00pm will be set aside for the "Early Flight Specials" with our
main seating from 7:00pm until 10:00pm. Reservations will be suggested and
valet parking will be available in the evenings from 5:00pm until 12:00pm.
IN THE DOWNSTAIRS AREA - Aviators' Tropical Lounge, will provide the
morning with a continental breakfast and all the amenities that accompany it,
A varity of both regular and specialty coffees, juices, fresh fruit, muffins, etc. .
Throughout the day a light and fast food menu will be available. Of course, a
full service bar with draft or bottled beer, wine, and a complete line of
cocktails and frozen drinks will be available during the appropriate hours. The
decor will be open, airy and tropical.
THE PLANNED MENU AND PRICES. Upstairs will be local seafood, steaks,
with a variety of daily and nightly specials. W;th a Sunday morning Brunch.
The prices will compatible and competitive for the Marathon area. All food
upstairs will be available downstairs with tbe addition of continental breakfast
and snack foods, (hot dogs pretzels etc.) to the downstairs area. "Flight
Lunches" will be available for take out.
HOURS OF OPERATION will be from 5:30am until 12:00 midnight.
It would be our intention that the downstairs' lounge and fast food area be the
focus of our attention. By completing this area as soon as possible, we will
provide the airport with a badly needed service and allow us the necessary
time and resources needed to complete the upstairs restaurant to our
satisfaction.
INSURANCE will be provided as per" General Insurance Requirements
for Airport/Aircraft Activities" provided by airport staff.
~llK_~~~~l
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
COMPANIES AFFORDING COVERAGE
RAY HAMPSON & ASSOCIATES
INSURANCE AGENCY
102481 OVERSEAS HWY
KEY LARGO
FL 33037
COMPANY
A
SPHERE
---
~
ANY
INSURED
n c. V C.lVEU
COMPANY
AVIATORS RESTAURANT & LOUNGE B
KENTIL FOODS, INC. D/B/A COMPANY
9400 OVERSEAS HIGHWAY S#210 C
MARATHON, FLA COMPANY _.
D I" .....T0
I , c
:p"!@fI.q!l:ttl}}}}t}}~1@}}}}f}lt111:::f~t@t:t~f~KWJfltmlf:ml!::tt~~tlt::I::t~:::I~:~:~!:~M~lf~ttt@f~l@f~ttlff:lf~1:1~m@@WHiVt;~~:~:~;:~:::~:~:::~;~~:~~;~:::~/$K;=~~~~!;~!~~:::~:~:~:~!~ii~!!&Wl.1Mt
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCWSIONS AND CONDmONS OF SUCH POUClES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NOV - I I9'J1
CO
LlR
TYPE OF INSURANCE
POUCY HUHI!!!!ft
POLICY EFFEcnYE POLICY EXPIRA110N
DATE (MIWDIYY) DATE (MIWDIYY)
LIIIITS
~ GENERAL UABILITY 10229 7B
i-=-
X COMMERCIAL GENERAL UABILITY
... ... I CLAIMS MADE 00 OCCUR
Jf. OWNER'S & CONTRACTOR'S PROT
-
10/22/97 10/22/98 GENERALAGGREGATE .300.000
PRODUCTS COMPIOP AGO .3 0 0 . 000
PERSONAL & ADV INJURY .3 0 0 , 0 0 0
EACH OCCURRENCE .3 0 0 . 000
FIRE DAMAGE (Any _...) . 5 0 . 0 0 0
MED EXP (Any _ penon) .EXCLUDED
~OIIOIIU UABLITY
_ ANY AUTO
~ ALL OWNED AUTOS
I-- SCHEDULED AUTOS
~ HIRED AUTOS
I-- NON-DWNED AUTOS
COMBINED SINGLE LIMIT
.
AP.PRO~~Y R~AN~fM .NT
BY t. b I ,(~ 11 ~~
\~, )':~dql
BODILY INJURY
(Pet penon)
.
DATE
BODILY INJURY
(Pet eccident)
.
WAIVER: N/A ~ VES
PROPERTY DAMAGE
.
~E UABILITY
_ ANY AUTO
-
THE PROPRIETORI
PAfmlERSIEXECUTlVE
OFFICERS ARE:
011ER
R'NCL
EXCL
AUTO ONLY. EA ACCIDENT .
OTHER THAN AUTO ONLY: .....<>)>
EACH ACCIDENT .
AGGREGATE .
EACH OCCURRENCE .
AGGREGATE .
.
1.1J*ntU#S I I~W'I<>dd. <<.
EL EACH ACCIDENT .
EL DlSEASE.POLICY LIMIT .
EL DISEASE.EA EMPLOYEE .
EXCESS UABILITY
~ UMBRELLA FORM
I OTHER THAN UMBRELLA FORM
WORKERS COMPENSA11ON AND
EMPLOYERS' UABILITY
- r- ,--\ r -" ...""';'"'\ nr.: 1-
r r- '}! ,: , ~. i 2.; i If I :: .--
I L: .7//1 /(/-'7 i,
DESCRPnON OF 0PERA11ONM.OCA11ON8NI!ItICI.ECIAL ITEMS L. ~. --
ADDITIONAL INSURED/LESSOR IN FAVOR OF:MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS, RISK MANAGEMENT- 5900 COLLGE ROAD, KEY WEST, FLOROIDA 33040.
WITH RESPECT TO PROPERTY LOCATED AT 9400 O/S HWY #210, MARATHON, FL
S!61llM1!J!e":ltt:jtltltm!It:Wi@J~11mml!J~j~W~ll:j~J~j:j:JMlm!fllf!j:JlmS'Nl!!!t~I.!M!1:!:!:!lmllllnUnHtli1tlWlMlltl@Mit@WUMMml&Wt4:t
SHOULD MY OF TIE ABOVE OE8CR8U POLICES BE c#"'CP',.... IIePOM 1111!
EXPIRA110N DATE 11EREOF, 1111! I88UIIIQ COMPMY wu. EMDlI!AVOR TO IIAIL
.lll- DAYS WIUITEN NOTICE TO 1111! CERTFlCATE HOLDER NAIlED TO 1111! LEFT,
IIU1' FAILURE TO IIAIL SUCH NOTICE 8IIALL IIIP08E NO CJalQA1IQN OR LJABLnY
KEY WEST, FLORIDA 33040 OF MY ItIIID UPON 1111! ~ AQENI'S OR REPRESENTA'I1VES.
,'/Il
7
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
5900 COLLEGE ROAD
...
.' .
'.11111 Flllls, Ilc.
TIIIII.lllllbr
1010 95m ST OCEAN
MARAmON, FL 33050
USA
Phone (305) 743-0223
Fu (305) 289-3002
Email TSSA V@AOLCOM
September 30, 1997
DoDDa Perez
Monroe County Risk Management
5100 CoDege Road
Key West, FL 33040
(305) 292-4542 - Voice
(305) 295-4364 - Fu
Dear Mrs. Perez
As per our convenation this morning. I am respectfully requesting temporary Insurance waiven for the
following areas. Following eadl request you will f"md a brief "planation for the reason of waiver.
Liquor Liability Insurance - Temporary waiver until tbe lounge is open and operational
Estimated opening date is Jaauary of 1998.
Vehicle Liability Insurance - Temporary waiver for the reason tbat no vehicle will be used in tbe operation
until the it is open for business. ( lOve across tbe street from the Airport,
which will in fact limit the necessity for personal auto use for
transportation to and from work.)
Estim-ted opening date is January of 1998.
Workmen's compensation Insurance - Temporary waiver, at this time there are no plans for employees.
It is my undentanding entirely that these waiven are temporary aDd will be granted only untH Aviaton
Restaurant and Lounge is funy operational At which time the fun requirements of the County will be
activated.
I am at present acquiring quotes to cover the General UabWty Insurance requirement and will have them
IeDt down to yoar oft'ice via Sandy Sandi u soon u a plan .... been put into effect.
Thank you very mach for your assistance in this matter, and I wiD look forward to lpealdns witbyou very
soon.
~~~
cc: Sandy Sandi
Maratbon Airport Manager
\ ,"
1991.> Edition .
MONROE COl;NT\', FLORIDA
.. R~quest For Wainr
of
11l5Urimct' Requirements
It IS requ\:sted that th~' iJ1~uri1nC'~~ re'f~ir~menl;, a:-. ope,",r,~'d if' tn(' ('(lU(lry'~ Schedule of InS\lrilnl:C Requir~\ll.:nt:;. he
waived or modifiL:d cn the lollllWlOg ....~nln:r
Contractor:
Contract fur:
Addre~~ of Cllntranur
Phon.:.
S,"cp.;.' ~,t Wor~
R~'a5(ln ior W.liwr
Policle~ \\'a;\\:r
\~11l clppiy \1.1:
Sig!latun: of (\mu it\:tor:
RI~" ~1anager'L:nt
Uak
\llUr:t~ At.llllil\l"'lr:llnr apilcHl:
Date:
-----
---- _.~. -....- -_..- --.- -- - .- - - - -
Y\..EASE SrEe J\.Trf:\c!~~
- - -... .-...- -.-... _. _. -- - - -- - - -
-- -.--. .-- ---- ---- -_. .-- - -- _. -- - -
-- --- --.. .. .-... ._. - - - -..- - - - _.
~--=~~.-...i~- ---- -- ~ ~ ~
"pl',""d _/s,_ --- "ot Approved - &1/-_
-~~~-
_._.~.-~O_~~~_ 1.Qb:JQv7 .
.'.,,:,rU\':.:I'
~~("tl Appro.\'ed. _ _
--.-
,
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Rltard uf Cuunty COlnlT1 is..i()ner~ appelll.
Appr<1H'd:
Not Appf\t,,~d: _ _ _
\.teeun~ i )at\;;
Adlnlni"rrati,," !:wructwn
1#4709.2
-- -- _.- - --- .- - - .- - - -
DATE
INITIAL
P1C1~ 02 00 12:2011'
Tilden's Scuba Cente~
1(305)
fYM I a IT 13
c-
Kdlta':Dlral drawiDp for bar
vcnclinS madaine
_poratiOllfees
fic:tious aamc
~E8
fa madrine
COUIlrer tops
lie d1Ict
licaIse -
caadimtllt CDmter'
UtlephCllllr
tablelDCl chain
bIr stool
lIDUon:D .mns
sipl
ClJ'sip
meu ItlllaiDa
liCCD!el
~ resi*r
soft pmzel madWzc
bat dog machine &. 'MJ'IIlS'
pgpcom machine
&rill
c::rodc pg&
t'NO ~s
beer ~
Sldwich prep 1ab1e
two coJ!'ee madaiDa
mi~
t~
blender
pua'Y display
candy counta-
bit 6xtwes
youth chair
Cali... mat
cutlery
.....ila
sUn&e ClQDmmers
tbnle wutc naptldes
deuaing equiplDcmt
inVCDtury left 0WlI" appraximaely 5'00.00
CCIIal22, 104.00
A VlATIORS' SNACK BAR
3500.00
4000.00
150.00
50.00
150.00
'127.81
250.00
107.50
141.50
729.70
247.97
167.97
200.00
300.00
2SOO.00
7S.00
750.00
90.00
300.00
6IS.OO
600.00
6S0.00
10.00
25.00
100.00
1200.00
1595.00
100.00
400.00
50,00
SO.OO
147.S9
95.00
300.00
47.00
150.00
50.00
25.00
2S.00
390.00
200.00