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Item P12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 20. 2006 Attorney Division: County Bulk Item: Yes Attorney No Department: County Staff Contact Person: Pedro J. Mercado AGENDA ITEM WORDING: Approve Lease Renewal Agreement between Monroe County owners of Key West International Airport and Hyatt and Hyatt, Inc. regarding the property attached to the Lease Renewal Agreement as Exhibit "A". ITEM BACKGROUND: The original Lease Agreement expired October 31, 2006. PREVIOUS RELEVANT BOCC ACTION: Approval of Lease Agreement beginning May 1, 2006. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approve TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes ----K.. No AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included Not Required DIVlSION DIRECTOR APPROVAL: ~rlP; ~ LJ}~~ DISPOSITION: AGENDA ITEM # Revised 11/06 LEASE RENEWAL AGREEMENT KEY WEST INTERNATIONAL AIRPORT HYATT AND HYATT INC. This Agreement is made and entered into by and between Monroe County, a political subdivision of the State of Florida, owner of Key West International Airport, whose address is 3491 South Roosevelt Boulevard, Key West, Florida 33040, (County or Lessor), and Hyatt and Hyatt Inc., whose address is17021 Starfish Lane West, SugarloafShores, FL 33042, (Hyatt or Lessee). WHEREAS, on the 17th day of May, 2006, the parties entered into an agreement for the use of property more particularly described in exhibit "A", hereafter original agreement. A copy of the original agreement is attached to this renewal agreement and made a part of it; and WHEREAS, the original agreement tenn ended on October 31, 2006 but the parties desire to renew the original agreement an additional 1 year; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 2 of the original agreement is amended to read: 2. TERM. The tenn of this Agreement is for Thirteen months beginning on November 1, 2006 and tenninating on December 31, 2007. 2. Paragraph 8 of the original agreement is amended to read: 8. TERMINATION. Hyatt may terminate this agreement upon failure of the Lessee to comply with any provision of this agreement. Hyatt shall first give the Lessee a written notification stating the default/breach and that the Lessee has 10 days to correct the default/breach. If the Lessee has not corrected the default/breach at the end of the 10 days, then Hyatt may cancel the lease in its discretion. During the term of this agreement either party may cancel this agreement without penalty, and owing no further obligation under the tenns of this agreement by providing 30 days written notice, 3 The following paragraph is appended to the Lease Renewal Agreement and incorporated into the original agreement as paragraph 19. 19. LESSEE USE. During the tenn of this agreement the County shall make available to Hyatt 6 parking spaces within the property shown in exhibit "A". Hyatt shall not be required to pay a parking fee for use ofthe spaces. Except as set forth in paragraphs one, two and three of this Lease Renewal Agreement, in all other respects, the tenns and conditions ofthe original agreement remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative, (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor Charles "Sonny" McCoy Date Witnesses ~ATT€;( By 11, A~ Title '4-';S /00-JT / Date This d~dwas pr ~ and approve Pedro J. Mere 00 E Assistant C nty Attorney Florida Bar No.: 0084050 P.O. Box 1026 Key West, FL 33041-1026 (305) 292-3470 '- ....,,''-. ./'- ./ ~ ~ite PI~ - Kev Wnt IntQl'I]Jtfona' Aimort & Sublec:t Lease propertY Lease Property AdI:tRtSS - 3591 S. Roosevd Blvd.. Key west. Fl33040 (ShOwn In Red) . EXHIBIT A