04/16/1997 Lease
llann!, I.. Itolbage
BRANCH OFFICE
3117 OVERSEAS IDGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF nIE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS IDGHWA Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Peter Horton. Director
Community Services Division
FROM:
Isabel C. DeSantis,
Deputy Clerk_Q ( jJ-).
DATE:
April 25, 1997
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At the April 16, 1997 meeting, the Board granted approval and authorized execution of a Parking Lot
Lease Agree~nt between Monroe County and Hyatt &. Hyatt for a parking lot on Key West International
Airport property.
Attached hereto is a duplicate original of the above for your return to the tenant.
Should you have any questions concerning the above, please do not hesitate to call.
cc:
County Attorney
Finance Director
County Administrator, w/o doc.
jFile
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PARKING LOT LEASE AGREEMENT
THIS LEASE is made and entered into on this / {p tJ. day of A P f2i /.-
, 1997, by and
between Monroe County, a political subdivision of the State of Florida, hereafter "County" or
"Lessor", and Hyatt and Hyatt, Inc., hereafter" Hyatt" or "Tenant".
WHEREAS, County owns an airport known as the Key West International Airport, located in Key
West. Monroe County, Florida, hereafter referred to as the "Airport"; and
WHEREAS, Hyatt is engaged in the business of operating restaurants called Martha's and
Benihana adjacent to airport property; and
WHEREAS, Hyatt desires to obtain certain rights and privileges in connection with the use of the
airport facilities, and the County is willing to grant and lease the same to Hyatt on a non-exclusive
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basis, upon the terms and conditions stated below; ~
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NOW THEREFORE, for and in consideration of the mutual covenants and agreements cOrTI~ined
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in this Lease, County does hereby lease unto Hyatt and Hyatt does hereby lease from County.certain
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premises and facilities, rights and privileges, as follows:
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(1) The County leases to Hyatt and Hyatt leases from County, the premises on the corner of S.
Roosevelt Boulevard and Stickney Drive, measuring approximately 165 feet x 90 feet. as indicated on
the attached Exhibit A. which is attached and made a part of this lease, as an automobile parking
lot for the customers and employees of both restaurants evenings, weekends, and Holidays.
(2) The term of this Lease is five years, beginning on Auri1 16 , 1991-, and ending
on April 15 ,200~. the County reserves the right to cancel this lease upon ninety (90)
days written notice to Hyatt. and Hyatt may cancel the Lease on the same ninety (90) day written
notice to the County.
(3) During the first year of the lease, Hyatt must pay to the County rent in the amount of $405.75
per month, plus the applicable Florida sales tax, payable on or before the first of each month. For
the second year and for each year remaining in the term, the monthly rental payment will increase
by the following amount: the previous year's total annual rent multiplied by the percentage of
increase in the consumer price index for the previous year, divided by twelve.
(4) Hyatt, its agents, employees, customers, suppliers and patrons have the right of ingress and
egress to and from the leased premises. Ingress and egress will not be unreasonably restricted by the
County.
(5) The premises leased under this Agreement may not be sublet, and this Lease may not be
assigned, without the written consent of the County.
(6) Hyatt is responsible for, and must maintain, the leased premises and, upon the termination
of this Lease, Hyatt must leave the premises in good condition, normal use and occupancy
excepted.
(7) Hyatt agrees to indemnify and save the County harmless from and against all claims and
actions and expenses incidental thereto, arising out of damages or claims for damages resulting
from the negligence of Hyatt, its agents, employees, invitees, suppliers and patrons in the use or
occupancy of the leased premises, or in the use of the common areas of the airport facilities. Hyatt
must also keep in force and effect the insurance required under Exhibit B of this Lease Agreement.
Exhibit B is attached to the Lease Agreement and made a part of it. The purchase of the insurance
required by Exhibit B does not vitiate Hyatt's indemnification and hold harmless obligations under this
paragraph 7.
(8) The failure of Hyatt to pay a rental installment when it becomes due, or any other charges
or fees that become due within ten (10) days after Hyatt receives a statement for such fees or
charges from the County, constitutes an act of default. The failure of Hyatt to perform any of the
other covenant of this Lease, which failure continues for a period of fifteen (15) days after notice of
the failure is given to Hyatt in writing by the County, also constitutes a default under the terms of this
Lease. In the event of any such default, the County may declare the Lease forfeited and may
immediately re-enter and take possession of the leased premises and this Lease will terminate. The
County is entitled to reasonable attorney's fees, including at the appellate level, for the enforcement
of the terms of this Lease.
(9) In addition to the events listed above, the County may cancel this Lease Agreement by
giving Hyatt thirty (30) days advance written notice upon the happening of anyone of the following
events: the appointment of a receiver of Hyatt's assets; the divesting of Hyatt's lease hold estate by
operation of law; the abandonment by Hyatt of the restaurant businesses adjacent to the airport for
a period of thirty (30) days.
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(10) The tenant for himself, his personal representatives, successors in interest.. ond 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
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
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. Airport Owner
(the County) shall have the right to terminate the lease and to re-enter and as if said Lease had
never been made or issued. The provision shall not be effective until the procedures of Title 49. Code
of Federal Regulations. Part 21 are followed and completed including exercise or expiration of
appeal rights.
(11) It shall be a condition of this Lease, that the Lessor reserves unto itself. its successors and
assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the real property hereinafter described, together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft. now known or hereafter used. for
navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from
or operating on the airport.
That the Tenant expressly agrees for itself. its successors and assigns. to restrict the height of
structures. objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations, Part 77.
That the Lessee expressly agrees for itself. its successors and assigns, to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the Airport. or otherwise constitute an airport hazard.
(12) This Lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner acquired the subject property
from the United States of America and shall be given only such effect as will not conflict or be
inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner. and any existing or subsequent amendments thereto. and are subject to any ordinances,
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rules or regulations which have been, or may be hereafter adopted by the Airport Owner pertaining
to the Key West Airport.
(13) This Lease Agreement has been carefully reviewed by both the Hyatt and the County.
Therefore, this Lease Agreement is not to be strictly construed against any party on the basis of
authorship.
(14) This Lease is governed by the laws of the State of Florida. or where applicable. the United
States. Venue for any litigation arising under this lease must be in a court of competent jurisdiction in
Monroe County, Florida.
(15) This Lease Agreement represents the parties' final and mutual understanding. It replaces
any earlier agreements or understandings, whether written or oral. This Lease Agreement cannot be
modified or replaced except by another signed Agreement.
)~~WHEREOF. the parties hereto have caused this lease to be executed as of the day
/~~~'~~~,e wntten.
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Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF M RO COUNTY. FLORIDA
(SEAL)
ATTEST:
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Title:' (;-p./)prf.)/ (YJ/1.n/.J9n-
aa/con/hyattl
APPROVED AS TO FORM
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Exhibit "A"
1996 Edition
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 his!her own expense, insurance as specified
in the,4ittached 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 Illsurance throughout the entire tenn ofthis contract and
any extensions specified in any attached schedules Failure to comply with this provision may
result in the imlilediate suspensioll of all acti vi tics conducted by the Vendor and its Contractors
until the required insurance..blls 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, Don-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 Insured" on all policies. except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
1996 Edilion
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
inclu~~ as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition or Property Damage
The minimum limits acceptable shall be:
$300,000 Combine~ingle Limit (CSL)
If split limits arc provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 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 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
Adminlstral,"" 111',1' "'1 "'"
11470') 7.
1996 Edition
MONROE COUNTYMONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
A"
Indemnification and Hold Harmless
for Airport! Aircraft Activities
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,
dama~, 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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AIR
AdllllnlslrallOIl Inslructlon
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