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06/16/1993 Agreement 1JBannp 1... itolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMQ.RANDIIM TO: Peter Horton, Director Division of Community Services DATE: Isabel C. DeSantis, Deputy Clerk j. C ,~ . October 14, 1993 FROM: On June 16, 1993, the Board authorized execution of a Lease Agreement, as amended, between Monroe County and Keys Woodworker, Inc., for parking at the Subway Shop on Marathon Airport property. Attached hereto for return to Keys Woodworker, clo Frank Greenman, is a duplicate original of the subject Agreement. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney County Administrator, wI 0 document Risk Management, wlo document Fmance File e LEASE AGREEMENT FOR A PARKING LOT AT THE MARATHON AIRPORT THIS LEASE is made and executed on the !.2Eh day of ~, 1993, by and between Monroe County, a political subdivision of the State of Florida, hereinafter Lessor, whose address is Public Service Building, 5100 College Road, Stock Island, Key West, FL 33040; and KEYS WOODWORKER, INC. a corporation organized under the laws of Florida, whose address is c/o Frank Greenman, 5800 Overseas Highway, Suite 40, Marathon, Florida 33050, hereinafter Lessees, who shall be bound and liable for all of the Lessees' duties and obligations under this agreement. Section 1. Lessor leases to Lessees the real property in '-> the County of Monroe, State of Florida, described in ~xhibi~IIAII '; .::t L;:;:..:: attached hereto and made a part hereof (hereinafter~~eferr~ to='? c;-:, .. - as the demised premises or the premises), to have an$'!:o ho~ for a term of five (5) years for the sole purpose a~fd use ~s an illuminated paved 1800 . . square foot public parking t9t as further described in Exhibit B (landscaping, illumination diagram) for the use of motor vehicles of customers patronizing the businesses located at 107th Street, commencing upon the delivery of the premises pursuant to Section 2. Section 2. Anything in this lease to the contrary not- withstanding, Lessor shall not deliver the demised premises to the Lessees until the Lessees have tendered the security deposit and obtained all necessary governmental approvals, permits and authorizations for the construction of the parking lot and any appeal time for such approvals, permits and authorizations has expired with no appeal(s) taken, or if appealed, upon the final resolution of any such appeals. For the limited purpose of obtaining such permits the Lessees may represent that they act as the agents of the Lessor if such agency is required by any governmental authority having regulatory jurisdiction over the demised premises. Upon the Lessees tendering the security deposit and obtaining all necessary governmental approvals, permits and authorizations and the expiration of the appeal time with no appeals filed or upon the final resolution of any ap- peals, the Lessor shall promptly deliver the demised premises to the Lessees for the use described in this agreement. If the conditions precedent for Lessor's delivery of the premises do not occur within two years of the date first written above, Lessor may terminate this agreement upon providing thirty (30) days written notice to Lessees with no further obligations on the part of any party hereto. Section 3. The rent, exclusive of any taxes, shall be in the annual amount of One Thousand Five Hundred and Thirty Dollars ($1,530), an additional one time payment as reimbursement to the County for fees due and the cost of preparing this lease in the amount of Twenty Five Hundred Dollars ($2,500) payable in twelve months, commencing on the date of delivery of the demised premises by the Lessor pursuant to Section 2. Section 4. Following the delivery of the demised prem- ises pursuant to Section 2, the Lessees will construct and complete on the demised premises a 1800 square foot illu- 2 minated paved parking lot, hereinafter the improvements, at its sole cost within 24 months from the date of delivery. If the Lessees fail to construct and complete the parking lot within the time specified, the Lessor shall have the right to terminate this lease on 90 days written notice. It is expressly acknowledged and understood by Lessees and Lessor that all the improvements and signs erected and constructed or affixed to or on the demised premises shall, only at the termination of this agreement, for any cause, become part of the land and be surren- dered to Lessor. Section 5. Lessees shall keep the demised premises and all improvements free and clear from all mechanics' and materialmens' and other liens for work or labor done, services performed, materials, appliances, power or other utilities or solid waste collection services, contributed, used or furnished or to be used in or about the demised premises or in connection with any operations of the Lessees, or any alteration, repairs or additions which Lessees may make or permit or cause to be made, or any work or construction by, for, or permitted by Lessees on or about the demised premises. Lessees shall indemnify Lessor against all expenses, liabilities, and claims of every kind, including reasonable counsel fees, arising out of any materialmens' or mechanics' lien or any other security interest of whatever type filed against the premises or improvements thereon. Section 6. Lessees shall arrange and pay for any util- ities furnished to the premises for the term of this lease, 3 including electricity, gas, water, sewer, solid waste collection and telephone services. Section 7. Lessees shall procure and maintain in force at their expense during the term of this lease Commercial General liability insurance with insurers approved by Lessor's Director of Risk Management. Such coverage shall be adequate to protect against liability for damage claims through public use of or arising out of accidents occurring on and around the demised premises, in a minimum amount of One Half Million Dollars ($500,000) combined single limit for bodily injury and property damage for anyone accident. The insurance policies shall provide that the Lessor is named as an additional insured. Lessees shall obtain a written obligation from the insurers to notify Lessor at least 45 days prior to the cancellation or refusal to renew any policy. If the insurance policies are not kept in force during the entire term of this lease or any extension thereof, Lessor may procure the necessary insurance and pay the premium therefor, and the premium shall be repaid to the Lessor as an additional rent installment for the month following the date on which the premiums were paid by the Lessor. Lessees shall also indemnify and hold harmless Lessor against all expenses, including reasonable counsel fees, liabilities, and claims of every kind arising out of any injury or damage happening on or about the demised premises. Section 8. Lessees shall not assign or sublease the premises, or any right connected therewith, or allow any other person except agents, employees and customers of Lessees to occupy the premises or any part thereof without first obtaining 4 the written consent of the Lessor. A consent by the Lessor shall not be a consent to subsequent assignment, sublease or occupation by other persons. An unauthorized assignment, sublease, or license to occupy by Lessees shall be void and shall terminate this agreement at the option of Lessor. Section 9. As additional rental hereunder, Lessees shall pay when due, as part of the rental of the demised premises all state, school, special district, and county taxes, assessments, levies, and other charges, general and special, ordinary and extraordinary, of whatever name, nature and kind, including any sales or use taxes, that are or may be during the term hereof levied, assessed, imposed on the demised premises, the improve- ments now thereon or hereafter to be built or made thereon, or imposed on the rental payments made pursuant to this agreement. Section 10. The construction or erection by Lessees of any improvements on the demised premises other than those de- scribed in this agreement is prohibited and shall constitute waste. Lessees shall not allow any nuisance on the premises or use or allow the premises to be used for any unlawful purpose. Section 11. Lessees shall, at their own expense, keep the improvements in good repair. Section 12. Lessor covenants that Lessor is seized of the demised premises in fee simple and that Lessees shall have quiet and peacable possession of the demised premises during the term hereof, subject, however, to the occupation of the premises by agents or employees of the government of the United States during a national emergency or a determination by the Federal Aviation 5 Administration that the Lessees I use of the premises is not allowed under federal law or rule. In either event, this agree- ment shall terminate with no further obligation on the part of any party hereto except for the obligation to pay any amounts outstanding as of the date of termination. Section 13. Except as provided in Sections 2, 4 and 8, Lessees shall not be deemed in default under any covenant, condition or term of this agreement unless Lessor shall give Lessees thirty (30) days written notice of the default and Lessees fail to cure such default within that time. In the event of Lessees' failure to cure the default, and in addition to whatever other remedies Lessor may have at law or equity, the Lessor shall have the right to terminate this lease on five (5) days written notice and reenter the premises. If the Lessor is compelled to incur any expenses including reasonable attorney's fees in instituting or prosecuting any action or proceeding by reason of any default of Lessees hereunder, the sum(s) so paid or incurred by Lessor shall become a debt and obligation of the Lessees payable to Lessor under this agreement. Section 14. Prior to the delivery of the demised premises to Lessees, the Lessees shall deposit with Lessor Five Hundred Dollars ($500) as a security deposit for the faithful performance of and compliance with all the terms and conditions of this agreement. In no event shall Lessor be obligated to apply the deposit to rents or other charges in arrears or to damages for failure to perform the terms and conditions of this lease by Lessees. Application of the security deposit sum to the arrears 6 of rental payments, other charges due under this agreement, or damages shall be at the option of Lessor, and the right to possession of the premises by Lessor for nonpayment of rent or for any other reason shall not in any event be affected by this security deposit. The security deposit is to be returned to Lessees when this lease is terminated, according to the terms of this lease, if not applied toward the payment of rent in arrears, other charges due under this agreement or toward the payment of damages suffered by Lessor by reason of any breach of the terms and conditions of this lease by Lessees. In no event is the security to be returned until Lessees have vacated the premises and delivered possession to Lessor. In the event that Lessor reenters the premises because of default of Lessees or because of a failure by Lessees to carry out the terms and conditions of this lease, Lessor may apply the security on all damages suffered to the date of reentry and may retain the balance of the security to apply on damages that may accrue or be suffered thereafter by reason of the default or breach of Lessees. Lessor shall not be obligated to hold the security in a separate fund, but may mix the security with other funds of Lessor. Section 15. The waiver by Lessor of, or the failure of Lessor to take action with respect to any breach of any term, covenant, or condition herein contained shall not be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein con- tained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by 7 Lessees of any term, covenant, or condition of this lease, other than the failure of Lessees to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. Section 16. In the event Lessor's Board of County Commis- sioners determines that the premises are needed for any purpose, Lessor may terminate this agreement by providing the Lessee ninety (90) days written notice. At the expiration of the ninety day notice period Lessee shall have vacated the premises and this agreement shall terminate with no further obligation on the part of any party hereto except for the obligation to pay any amounts outstanding as of the date of termination. Section 17. All written notices, demands or other writ- ings in this lease provided to be given, made or sent, or which may be given made or sent by any parties hereto shall be deemed fully given or made or sent when made in writing and deposited in the U. S. mail, registered and postage prepaid, and sent to the addresses first listed above. IN WITNESS WHEREOF, the parties hereto have executed this lease on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK COUNTY COMMISSIONERS COUNTY, FLORIDA By I1..kL C. Alu~ Deputy Q1er By ,,- C;:-~/2- ~tness y. s or bylaws to enter ments of this type 8 ---_.-.---~-_..._--~-_._.- cf 'f/G~''l .~.;, :' '.,1'" , , G~. ~~ Q::~ C)iO ..,j <~ S~~ DETAIL ~_......... ~:3~.t.S "4+(..0\ .... ... 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THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. T. R. Jonee and Company 1780 North Krome Avenue P. O. Box 1505 Homeettllld COMPANIES AFFORDING COVERAGE FL 33030- COMPANY A Continental Insurance Co. LETTER INSURED COMPANY B LETTER Keys Woodwork.., Inc. 203 107TH STREET GULF COMPANY C LETTER MARATHON FL 33050 COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOlWlTHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ....................... . .............................. ....................... . ....... . ~ $ 100000o ,-" ............... ~ $ 100000o .. ............... . $ 500000 ~ $ 500000 ..................... . FIREDAMAGE(AnYoneHfile):$ 50000 HUH.,,~~~:.~NSE (AnYuoneuP."rllOll):~'UUH 5000 ~ COMBINED SINGLE ~ LIMIT ,$ CO. LlR' . . . POlICY EFFECTIVE POlICY EXPAAT10N DATE (MMiPD/VY) . DATE (MMiPD/VY) 1YPE OF INSURANCE POlICY NUMBER A : GENERAL L\ABLITY X · COMMERCIAL GENERAl LIABILIlY ........................ .................. 31CLP0518409794 ......... 08l3OI94 . GENERAL AGGREGATE 08130/93 ................-...................-... ~ PRODUCTS-COMPIOP AGG. "..,... . :P: u H CLAIMS MADE X OCCUR.. ~ OWNER'S & CONTRACTOR'S PROT APPROVED BY RISK MANAGEMENT Cf~Y-f/U" / uuuuuuuBY. . '" . '. '.. r DATE ! L/Ja-/ q,") . PERSONAL & ADV. INJURY ..................- .-............. . EACH OCCURRENCE . AUTOMOBLE LIA8LITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS , BODILY INJURY : (Per person) WAIVFR: N/A 1i=-- YES ~ BODILY INJURY ~ (Per accident) HIRED AUTOS , NON-OWNED AUTOS ~ GARAGE L1ABILIlY . PROPERlY DAMAGE . EXCESS LIA8LITY . ......................................... ... , EACH OCCURRENCE L ....: UMBRELLA FORM ~ OlHER lHAN UMBRELLA FORM .RECEIVtP. . . . . . . . . . . . . . . . - . : AGGREGATE WORKER'S COMPENSATION AND EMPLOYERS' L\ABLITY OC-- 0 r:. 199'.) .\ . .) _ ..J ~ EACH ACCIDENT ...........................--.-........... ~ DISEASE - POLICY LIMIT .......................................... . DISEASE - EACH EMPLOYEE ~ OlHER .. . "AIRPORTS/GMBH LNITS ~$ ~ $ :$ '$ ~$ ,$ ~$ $ . Received Risk Mgmt. & Loss Control 8ifi~~~ o~~T~lfrr>\lr~~r-I~URED W/RESPECTS TO PARKING AREA . ...........~.~T~ ../(:).~II:;.?3HH INI-;"IAL ~ ~ rmrmrrfrmtrI{t~I.QmMttrrrrIIr~ffffffffffffjrrrrrrtff}~~\~tttttii~~~~~fftffff~~~rt~~t~::~~:1:t~~:~~::ti:tri~:itfl~~~~ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .. EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ... MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE .:: LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATlON OR . UABIUTY OF ANY KIND UPON THE COMPANY, ITS AG TS OR REPRESENTATIVES. ~:9.g~iI.']J.Qi:r:f::::r~f:fff .................. .................... ..................... ................. ::::::.:::::::::::: BOARD OF COUNTY COMMISSIONERS AIRPORT FlNANCElBEVETTE MOORE 5100 COLLEGE RD PUBUC SV BLDG KEY WEST FL 33040 ttAUTHORIZED REPRESENT" Miimm:\\ji;j\\\it.t.::::::\tft:::tmm::\:tm::r:::::::::::mrr:frrrrr:::::::m::::rrff::fffff::::fi:: ROBIt.4 M....~~EL.-. ..... 0.................... . ................................ .. ..............