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AUTOMATED TELLER MACHINE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
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TH IS AGREEMENT is made and entered into on the ~ day of A~ tJ Af::-1 ,199' by and
between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"Lessor," and FIRST NATIONAL BANK OF THE FLORIDA KEYS, a national chartered, locally owned,
independent bank, hereinafter referred to as "Lessee";
WHEREAS, Lessor desires to grant to Lessee a right to maintain and operate an automated
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teller machine at the Key West International Airport at Key West, Florida. hereinafti! re;irr~to ..m
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"Airport"; and . <'::x;-:; "4JI 0
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WHEREAS, Lessor and Lessee desire, in connection with said operations, t~~BVid2..for3iSe
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leasing by Lessor to Lessee of certain space in the Terminal at the Airport; ;!!:-f~ ~ ~
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NOW, THEREFORE, in consideration of the premises and of mutual cove~ants an~ro~ses
hereinafter contained, the parties hereto do hereby agree as follows:
1. Premises - Lessor hereby leases to Lessee for its exclusive use to install. maintain and
operate an automated teller machine space designated "ATM" in Exhibit A, attached hereto and
incorporated herein, located in the airline terminal at Key West. Monroe County, Florida, said space
as designated per Architect Plans attached in Exhibit A,
2.
Term - This agreement is for a term of five (5) years, commencing
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I;; 3/97'
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, 20r#, with an option to renew for one five-year term.
19r;tJ, and expiring on
If the five year option is exercised, then in each year of that option (including the initial year) the \
annual rent will be adjusted in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and must be
based upon the annual average CPI computation from January 1 through December 31 of the
previous year.
3. Rental and Fees - Lessee, for and during the term hereof, shall pay to Lessor for the use
and occupancy of said premises a monthly sum of $1,250, to be paid on or before the first day of
each contractual month. The annual fee shall compensate Lessor for both the premises and related
electric utilities.
4. Accountina Procedures - Lessee agrees that it will make available to Monroe County,
a full and complete book of accounts and other records pertaining to the leased space,
improvements thereon and the rental payments. The records shall not include any records of any
financial transactions actually conducted at the ATM. The County, acting through its Finance
Director or other authorized representative, shall. upon reasonable notice, have the right to inspect
and audit said records.
5. Equipment - Lessee shall install. maintain and operate on the premises the Diebold
model1071ix through the wall walkup unit ATM or an ATM of equivalent characteristics including but
not limited to a rear load lobby cash dispenser A TM configuration, 8 Braille operation keys and 11 key
Braille keypad, 2 denomination multi-media dispenser with presenter; basic alarm sensors, enhanced
brightness CRT, and side module with fire resistant waste receptacle and brochure pockets. This
equipment shall be and remains the property of Lessee and shall be removed at the end of lease
term. Lessee shall furnish, install and maintain the data communications line, bearing all costs
associated with data communication installation, terminal setup, ongoing terminal administration
fees and ongoing modem charges. Lessee may place sign age on the ATM equipment or
surrounding areas, such as overhead or directional signage with the approval of the Airport Director.
Lessee has the right during the term hereof, at its own expense, at any time to install. maintain,
operate, repair and replace said equipment in connection with its operation at the Airport, all of
which shall be and remain the property of Lessee and shall be removed by Lessee prior to or within a
reasonable time after expiration of the term of this agreement; provided, however, that Lessee shall
repair any damage to the premises caused by such removal. The failure to remove equipment or
other personal property shall not constitute Lessee a hold-over, but Lessee shall pay Lessor for any
costs of removal and storage if the property is not removed by Lessee within ten (10) days after
Lessee receives a written demand for such removal. The removal and storage costs shall be paid to
Lessor before Lessee can obtain the equipment.
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6. Damaae and Iniury - Lessee covenants that it and all of its agents, servants,
employees, and independent contractors will use due care and diligence in all of its activities and
operations at the Airport and shall repay or be responsible to Monroe County for all damages to the
property of the County which may be caused by an act or omission on the part of the Lessee, its
agents, servants, or employees. Except to the extent that such damage to the property is covered
by insurance required to be provided by the Lessee under any provision hereof. or is provided by
Monroe County (except subrogation rights of the County's carrier), Lessee shall pay, on behalf of the
County, all sums which the County shall become obligated to pay by reason of the liability, if any,
imposed by law upon the County for damages because of bodily injury, including damages for care
and loss of service, including death at any time resulting from bodily injury and because of injury
t%r destruction of property. including the loss or use thereof which may be caused by or result from
any of the activities. omission, or operations of the Lessee. its agents. servants. or employees at the
Airport.
7. Other Development of Airport - Monroe County reserves the right to further develop or
improve the landing area of the Airport as its sees fit, regardless of the desires or views of the Lessee.
and without interference or hindrance; provided. however. that in no event can the County deprive
the Lessee of reasonable and direct routes of ingress and egress to the premises.
8. Terminal Area Plannina - Lessee acknowledges that Monroe County has Master Plans
including terminal area revisions. Lessee hereby agrees to cooperate to the fullest with the County.
especially in those areas of terminal improvements which may at some time cause relocation of ATM.
Relocation shall be made to a new location only by mutual agreement. If parties cannot agree
upon a new location. this Lease may be terminated by mutual accord.
9. Lessee's Obliaations - Lessee covenants and agrees:
(a) to pay the rent and other charges herein reserved at such times as the same
are payable. with rental payments to be made by check payable to "Airport
Operation and Maintenance Fund" and mailed to Public Service Building, Airport
Business Office. 5100 College Road, Key West. FL 33040;
(b) to make no alterations, additions or improvements to the demised premises
without the prior written consent of Lessor. which consent shall be not be
unreasonably withheld;
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(c) to keep and maintain the demised premises in good condition, order and
repair during the term of this agreement, and to surrender the same upon the
expiration of the term in the condition in which they are required to be kept,
reasonable wear and tear and damage by casualty, not caused by Lessee's
negligence, riot and civil commotion, excepted;
(d) to observe and comply with any and all requirements of the constituted public
authorities and with all federal, state or local statutes, ordinances, regulations, and
standards applicable to Lessee or its use of the demised premises, including, but not
limited to, rules and regulations promulgated from time to time by or at the direction
of Lessor for administration of the Airport;
(e) to carry fire and extended coverage insurance, if obtainable, on all fixed
improvements erected by Lessee on the demised premises to the full insurable value
hereof. it being understood and agreed that for purposes hereof the term "full
insurable value" shall be deemed to be that amount for which a prudent owner in like
circumstances would insure similar property, but in no event an amount in excess of
Lessee's original cost of constructing said fixed improvements;
(f) to control the conduct, manner and appearance of its officers, agents, and
employees, and any objection from the Director of Airports concerning the conduct,
manner or appearance of such persons, Lessee shall forthwith take steps necessary to
remove the cause of the objection; and
(g) to erect signage on the ATM unit or surrounding areas, such as overhead or
directional signs, with the approval of the Airport Director, and to maintain any such
signage in good condition.
10. Lessor's Inspection and Maintenance - Lessor and its authorized officers, employees,
agents, contractors, subcontractors and other representatives shall have the right to enter upon the
demised premises for the following purposes:
(a) to inspect the demised premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Lessee has
complied and is complying with the terms and conditions of this agreement with
respect thereto; or
(b) to perform essential maintenance, repair. relocation, or removal of existing
underground and overhead wires, pipes, drains, cables and conduits now located on
or across the demised premises, and to construct, maintain, repair, relocate and
remove such facilities in the future if necessary to carry out the Master Plan of
development of the Airport; provided, however, that said work shall in no event
disrupt or unduly interfere with the operations of Lessee, that five days prior notice
shall be given to Lessee of said work except in an emergency, and provided further,
that the entire cost of such work, including but not limited to the cost of rebuilding,
removing, relocating, protecting or otherwise modifying any fixed improvements at
any time erected or installed in or upon the demised premises by Lessor, Lessee or third
parties, as a result of the exercise by Lessor of its rights hereunder, and the repair of all
damage to such fixed improvements caused thereby, shall be borne solely by Lessor.
(c) to include Lessee's ATM unit in any directory installed at the Airport.
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(d) to abate rent for any periods during which Lessee cannot be open for business
due to any failure of Lessor to perform its obligations under this agreement.
11. Indemnification - Lessee shall indemnify and hold Lessor forever harmless from and
against all liability imposed upon Lessor by reason of legal liability for injuries to persons, or wrongful
death, and damages to property caused by Lessee's operations or activities on such premises or
elsewhere at the Airport, provided that Lessor shall give Lessee prompt and timely notice of any
claim made against Lessor which may result in a judgment against Lessor because of such injury or
damage and promptly deliver to Lessee any papers, notices, documents, summonses, or other legal
process whatsoever served upon Lessor or its agents, and provided further that Lessee and its insurer,
or either of them, shall have the right to investigate, compromise, or defend all claims, actions, suits
and proceedings to the extent of Lessee I s interest therein; and in connection therewith, the parties
hereto agree to faithfully cooperate with each other and with Lessee's insurer or agents in any said
action.
12. Liability Insurance - The Lessee agrees to indemnify and hold the County of Monroe
free and harmless from any and all claims, suits, loss or damage, or injury to persons or property of
whatsoever kind and nature in its operation, installation and maintenance of this equipment.
The Lessee shall procure and maintain insurance of the types and to the limits in paragraph
(1) through (4) inclusive below.
(1) Workmen's compensation - Coverage to apply for all employees for Statutory
Limits in compliance with the applicable state and federal laws. In addition, the
policy must include Employers' Liability with limits of $100,000 per person, $500,000 per
occurrence and $100,000 property damage.
(2) Commercial General Liability - Coverage must include:
a. Combined single limit for bodily injury and property damage -
$1,000,000.
b. Additional Insured - Monroe County is to specifically be
included as an additional insured.
(3) Business Auto Policy - Coverage must include:
a. Combined single limit for bodily injury and property damage -
$1,000,000.
b. Owned Vehicles.
c. Hired and Non-owned Vehicles.
d. Employer Non-ownership.
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(4) Certificate of Insurance - Certificates of all insurance required from the Lessee
shall be approved by Risk Management and attached to the original lease
agreement maintained by the County Clerk. Certificates from the insurance carrier,
stating the types of coverage provided, limits of liability, and expiration dates, shall be
filed with the County before operations are commenced. The required certificates of
insurance shall not only named the types of policies provided, but shall also refer
specifically to this agreement and section and the above paragraphs in accordance
with which such insurance is being furnished, and shall state that such insurance is as
required by such paragraphs of this agreement.
(5) All insurance companies shall be authorized to do business in the State of
Florida.
If the initial insurance expires prior to the completion of this agreement. renewal certificates shall be
furnished thirty (30) days prior to the date of expiration.
13. Non-Discrimination - Lessee shall furnish all services authorized under this agreement
on a fair, equal and non-discriminatory basis to all persons or users thereof, charging fair, reasonable,
and non-discriminatory prices for all items and services which it is permitted to sell or render under
this agreement. Lessee shall not discriminate in its employment practices against any person on the
basis of race, sex, creed, color, national origin, age or any other characteristic or aspect which is not
job related.
14. Rules and Reaulations - Lessee agrees to observe and obey, during the term of this
agreement. all laws, ordinances, rules and regulations promulgated and enforced by the County
and by any other proper authority having jurisdiction over the conduct of the operations at the
Airport. Within thirty (30) days from the date of this contract, the County shall provide Lessee a
written list of all rules and regulations which it has promulgated up until that time and which will
affect the Lessee's operations hereunder. In the event new rules and regulations are contemplated,
written notice of same shall be furnished to Lessee, and Lessee will be given thirty (30) days to
comply. In the event that Lessee should determine that any contemplated rule or regulation
unreasonably hinders him in his operation under this agreement. the Lessee shall so notify the
County, and the parties hereto agree that any problem arising incidental thereto will, as much as
possible, be worked out between the parties without the necessity to resort to further legal remedies.
15. Furnishing of Service - The Lessee further covenants and agrees that he will. at all times
during the continuance of the term hereby demised and any renewal or extension thereof, conduct,
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operate, and maintain for the use of the public, the Automated Teller Machine provided for and
described herein, and all aspects and parts and services thereof as hereinabove defined and set
forth, and will make all such facilities and services available to the public and that he will devote his
best efforts for the accomplishment of such purposes.
16. United States' Requirements - This lease shall be subject and subordinate to the
provisions of any existing or future agreement between the Lessor and the United States relative to
the operation or maintenance of the Airport, and execution of which has been or may be required
by the provision of the Federal Airport Act of 1946, as amended, or any future act affecting the
operation or maintenance of the Airport, provided, however, that Lessor shall, to the extent
permitted by law, use its best efforts to cause any such agreement to include provisions protecting
and preserving the rights of Lessee in and to the demised premises and improvements thereon, and
to compensation for the taking thereof, and payment for interference therewith and for damage
thereto, caused by such agreement or by actions of the Lessor or the United States pursuant thereto.
17. Lessor's Covenants - The Lessor covenants and agrees that:
(a) Lessor is the lawful owner of the property demised hereby, that it has lawful
possession thereof, and has good and lawful authority to execute this Lease; and
(b) throughout the term hereof Lessee shall have, hold and enjoy quiet, peaceful and
uninterrupted possession of the premises and rights herein leased and granted, subject
to performance by Lessee of its obligations herein.
18. Cancellation bv Lessor - If any of the following events occur, the Lessee shall be
deemed to be in default of its obligations under the agreement, in which case Monroe County shall
give the Lessee notice in writing to cure such default within thirty (30) days, or the lease will be
automatically canceled at the end of that time and such cancellation will be without forfeiture,
waiver, or release of the County's right to any such of money due pursuant to this agreement for the
full term hereof:
(a) if Lessee shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy or a petition or answer seeking its reorganization or
the readjustment of its indebtedness under the Federal Bankruptcy Laws of any other
similar law or statute of the United States or any state, or government or consent to
the appointment of a receiver, trustee or liquidator of all or substantially all of the
property of Lessee;
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(b) if any order or decree of a court of competent jurisdiction Lessee shall be
adjudged bankrupt or an order shall be made approving a petition seeking its
reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy
Laws of any law or statute of the United States or any state, territory, or possession
thereof or under the law of any other state, nation, or government. provided, that if
such judgment or order be stayed or vacated within ninety (90) days after the entry
thereof, any notice of cancellation given shall be and become void and of no effect;
(c) if by or pursuant to any order or decree of any court or governmental
authority, board, agency or officer having jurisdiction, a receiver, trustee or liquidator
shall take possession or control of all or substantially all of the property of Lessee for
the benefit of creditors, provided, that if such order or decree be stayed or vacated
within sixty (60) days after the entry thereof or during such longer period in which
Lessee diligently and in good faith contests the same, any notice of cancellation shall
be and will become null. void and of no effect;
(d) if Lessee fails to pay the rental charges or other money payments required by
this instrument and such failure shall not be remedied within thirty (30) days following
receipt by Lessee of written demand from Lessor to do so;
(e) if Lessee defaults in fulfilling any of the terms, covenants, or conditions required
of it hereunder and fails to remedy said default within thirty (30) days following receipt
by Lessee of written demand from Lessor to do so, or if. by reason of the nature of such
default. the same cannot be remedied within thirty (30) days following receipt by
Lessee of written demand from Lessor to do so, then, if Lessee shall have failed to
commence the remedying of such default within thirty (30) days following such written
notice, or having so commenced, shall fail thereafter to continue with diligence the
curing thereof;
(f) if the Lessee shall desert or abandon the premises for seven (71 consecutive
calendar davs;
(g) if the ATM of the Lessee hereunder shall be transferred, subleased, or assigned
in any manner except in the manner as herein permitted;
(h) if the Lessee shall fail to pay any validly imposed tax; assessments; utility rent,
rate or charge; or other governmental imposition; or any other charge or lien against
the premises leased hereunder within any grace period allowed by law, or by the
governmental authority imposing the same, during which payment is permitted
without penalty or interest; in complying with this subparagraph the Lessee does not
waive his right to protest such tax, assessment, rent. rate or charge; or
(i) if the Lessee fails to provide service as required by specifications for five days
during any thirty day period, unless such failure is caused by the Lessor's failure to fulfill
its lease obligations war, an act of God, national emergency or a labor strike of which
the Lessee has given the County immediate notice, the lease may be canceled within
thirty (30) days of the giving of notice by the County and the Lessee shall not be
permitted to cure such default.
19. Additional Remedies - In the event of a breach or a threatened breach by Lessee of
any of the agreements, terms, covenants and conditions hereof, the County shall have the right of
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injunction to restrain said breach and to invoke any remedy allowed by law or equity, as if specific
remedies, indemnity or reimbursement were not herein provided. The rights and remedies given to
Monroe County are distinct, separate and cumulative, and no one of them, whether or not
exercised by the County, shall be deemed to be in exclusion of any of the others herein or by law or
in equity provided. No receipt of monies by Monroe County from Lessee after the cancellation or
termination hereof shall reinstate, continue or extend the term, or affect any notice previously given
to Lessee, or operate as a waiver of the right of the County to enforce the payment of rentals and
other charges then due or thereafter falling due, or operate as a waiver of the right of the County to
recover possession of the premises by suit or otherwise. It is agreed that. after the service of notice to
cancel or terminate as herein provided, or after the commencement of any proceeding, or after a
final order for possession of the premises, the County may demand and collect any monies due, or
thereafter falling due, without in any manner affecting such notice, proceeding, or order; and any
and all such monies and occupation of the premises, or at the election of the County on account of
Lessee's liability hereunder. The parties agree that any litigation arising out of the agreement shall be
brought in Monroe County, Florida, and determined under the laws of the State of Florida. The
prevailing party shall be entitled to any reasonable attorney's fees incurred in the enforcement of
the agreement. regardless of whether or not a lawsuit is filed, including but not limited to all costs
and attorney's fees incurred in collecting, trial. bankruptcy or reorganization proceedings or appeal
of any matter hereunder and all costs, charges and expenses incurred herein.
20. Cancellation bv Lessee - Lessee shall have the right upon written notice to Lessor, to
cancel this agreement in its entirety upon or after the happening of one or more of the following
events, if said event or events is then continuing:
(aJ the issuance by any court of apparent competent jurisdiction of an injunction,
order, or decree preventing or restraining the use by Lessee of all or any substantial
part of the demised premises or preventing or restraining the use of the Airport for
usual airport purposes in its entirety, or the use of any part thereof which may be used
by Lessee and which is necessary for Lessee's operations on the Airport, which remains
in force unvacated or unstayed for a period of at least one hundred twenty (120)
days;
(bJ the default of Lessor in the performance of any of the terms, covenants or
conditions required of it under this instrument and the failure of Lessor to cure such
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default within a period of thirty (30) days following receipt of written demand from
Lessee to do so, except that if by reason of the nature of such default the same
cannot be cured within said thirty (30) days, then Lessee shall have the right to cancel
if Lessor shall have failed to commence to remedy such default within said thirty (30)
days following receipt of such written demand, or having so commenced, shall fail
thereafter to continue with diligence the curing thereof;
(c) the inability of Lessee to conduct its business at the Airport in substantially the
same manner and to the same extent as theretofore conducted, for a period of at
least ninety (90) days, because of Ii) any law, (ii) any rule, order, judgment, decree,
regulation, or other action or non-action of any Governmental authority, board,
agency or officer having jurisdiction thereof;
(d) if the fixed improvements placed upon the demised premises are totally
destroyed or so extensively damaged that it would be impracticable or
uneconomical to restore the same to their previous condition as to which Lessee is the
sole judge. In any such case, the proceeds of insurance, if any, payable by reason of
such loss shall be apportioned between Lessor and Lessee, Lessor receiving the same
proportion of such proceeds as the then expired portion of the lease term bears to the
full term hereby granted, and Lessee receiving the balance thereof. If the damage
results from an insurable cause and is only partial and such that the said fixed
improvements can be restored to their prior condition within a reasonable time, then
Lessee shall restore the same with reasonable promptness, and shall be entitled to
receive and apply the proceeds of any insurance covering such loss to said
restoration, in which event this agreement shall not be canceled but shall continue in
full force and effect and in such case any excess thereof shall belong to Lessee;
(e) in the event of destruction of all or a material portion of the Airport or the
Airport facilities, or in the event that any agency or instrumentality of the United States
Government or any state or local government occupies the Airport or a substantial
part thereof, or in the event of military mobilization or public emergency wherein there
is a curtailment either by executive decree or legislative action, of normal civilian
traffic at the Airport or the use of motor vehicles or airplanes by the general public, or
a limitation of the supply of automobiles or of automobile fuel, supplies, or parts for
general public use, and any of said events results in material interference with Lessee's
normal business operations continuing for a period in excess of fifteen (15) days;
(f) in the event that at any time prior to or during the term of this agreement
Lessee's presently existing right to operate an ATM at the Airport is withdrawn,
canceled, terminated, or not renewed by Lessor;
(g) the taking of the whole or any part of the demised premises by the exercise of
any right of condemnation or eminent domain;
(h) if at any time during the basic term or option term of this lease a majority of the
scheduled air transportation serving the local area no longer operates from the
Airport; or
Ii) if at any time during the basic term hereof or the option periods, the Airport or
terminal building is removed to a place more than three (3) road miles in distance
from its present location.
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21. Lessee's Reserved Riahts - Nothing contained in this Agreement shall limit or restrict in
any way such lawful rights as Lessee may have now or in the future to maintain claims against the
federal, state, or municipal government. or any department or agency thereof. or against any
interstate body, commission or authority, or other public or private body exercising governmental
powers, for damages or compensation by reason of the taking or occupation, by condemnation or
otherwise. of all or a substantial part of the demised premises, including fixed improvements thereon,
or of all or a material part of the Airport with adverse effects upon Lessee's use and enjoyment of the
demised premises for the purposes hereinabove set forth; and Lessor hereby agrees to cooperate
with Lessee in maintenance of any just claim of said nature, and to refrain from hindering. opposing.
or obstructing the maintenance thereby by Lessee.
22. Assiqnment and Sublettinq - Lessee shall not assign or sublet this agreement without
prior written consent of Lessor, nor permit any transfer by operation of law of Lessee's interest created
hereby, other than by merger or consolidation.
23. Other Use - Lessee shall not use or permit the use of the demised premises or any part
thereof for any purpose or use other than an authorized by this agreement.
24. Liens - Lessee shall cause to be removed any and all liens of any nature arising out of
or because of any construction performed by Lessee or any of its contractors or subcontractors upon
the demised premises or arising out of or because of the performance of any work or labor upon or
the furnishing of any materials for use at said premises, by or at the direction of Lessee.
25. Time - In computing Lessee's term within which to commence construction of any
fixed improvements or to cure any default as required by this Lease, there shall be excluded all
delays due to strikes, lockouts, acts of God and the public enemy, or by order or direction or other
interference by any municipal. State. Federal or other governmental department. board, or
commission having jurisdiction, or other causes beyond Lessee's control.
26. Paraqraph Headinqs - Paragraph headings herein are intended only to assist in
reading identification and are not in limitation or enlargement of the content of any paragraph.
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27. Notices - Any notice of other communication from either party to the other pursuant
to this agreement is sufficiently given or communicated if sent by registered mail, with proper
postage and registration fees prepaid, addressed to the party for whom intended, at the following
addresses:
For Lessor:
Airport Director
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
For Lessee:
First National Bank of the Florida Keys
12640 Overseas Highway
Marathon. FL 33050
or to such other address as the party being given such notice shall from time to time designate to the
other by notice given in accordance herewith.
res
l,*,-"WITN~ WHEREOF. the parties have caused these presents to be executed by their
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otive officer or representative thereunto duly authorized. the day and year first above written.
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(SEA['"C_,_, .' ,
ATTEST~OLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~BY~
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Witness
By
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Mayor/Chairman
FIRST NATIONAL BANK OF THE FLORIDA KEYS
9't r, LA( UA "
Witness
airiatm
By
Title
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17:05 VOLKERT AND soe
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08/30/88 Wed U4:1~PM ~age: ~I 10
P.02
NEH ~M FRAME
_-- - CUT OPENING
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COORDINATE PLACEMENT OF ArM MACl-lINE TO ALLOv-J
ADEQUATE CLEARANCE FOR ATM DOOR S~ING
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HALL AS
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DI EBOLD 10711X
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UNIT BY OTl-lERS
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OPENING OF
A TM UNIT
PROVIDE LATC~
AND DEADBOL T
FOR NEH DOOR
COORDINATE
KEYING HIT~
DIEBOLD
(305) 395-3155
EXHIBIT 'B'
INSURANCE REQUIREMENTS
l(}'J(. F':':ii':1
l\10NROE 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 t9 comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
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,
material 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.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insurcd" on all policies, except for Workers' Compensation. .'
,
Any deviations from these (lenera! Insurance Requirements must be requested in writing on the
County prepared form entitled "H,cqllcst fOI' \Vaivcr or Insurance Requirements" and
;ipprovcd by l\10!1rOC (:OUI1(\ I: d: \ hn:lgCl11cnl
-,
\10\I~OE COUNT'k';\IO\ROE COUNTY, FLORIIL\
RISK MANAG EMENT
POLICY AND PROCEDURES
CONTRACT AD~1INISTRA TION
MA1\'1JAL
..
Indemnification and Hold Harmless.
:: fc{i- AirPortJAir,~~f(A'ctivitics-;L<!'
.,
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 o\\11ed by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason 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.
TIle e>..1ent of liability is in no \vay limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
.'.. I lZ
I (f'il, : ,:.ll(ln
.,
GENERAL LI:\BILI fY
INSURANCE REQUIREl\lENTS
FO H.
CONTRACT
llETWEEN
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 Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000:000 Combined Single Limit (CSL),
--
If split limits arc provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effectiye date ofthis 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 satis.fy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
~
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the 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-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 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,,'\
: ",:"/ '
\VORKERS' CO\1PEJ'\SA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
'" :~
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Wor~ers' Compensation Insurance with limits sufficient to respond to Florida Statut~ 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$ 1 00,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$ 1 00,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire ternl 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, tlle County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter 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 10 submit updated fmancial statements from the fund
upon request from the County.
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