HomeMy WebLinkAbout1st Amendment 04/08/1998
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
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'" BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Peter Horton, Director
Division of Community Services
FROM:
Attention: Bevette Moore, Airport Finance
Ruth Ann Jantzen, Deputy Clerk .o!bf
April 23, 1998
DATE:
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On April 8, 1998, the Board of County Commissioners granted approval and
authorized execution of Amendment to Airport Lease between Monroe County and the
Conch Flyer Restaurant, at the Key West International Airport.
Enclosed please find a fully executed duplicate original for return to the Conch
Flyer.
If you have any questions concerning the above, please do not hesitate to
contact me.
cc: County Attorney
Finance
County Administrator, w/o document
File
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AMENDMENT TO AIRPORT LEASE
This is an amendment to a lease dated April 18, 1983 (hereafter the original agreement),
by and between the predecessor in interest to the Conch Flyer, Inc., (hereafter Lessee or
Tenant), one Fred B. Sellers, Sr., and Monroe County, a political subdivision of the State of Florida
(hereafter Lessor).
WITNESSETH:
That the original agreement, and the addenda to it dated October 7, 1992 and January
23, 1985, all of which are attached to and made a part of this amendment, are hereby
amended as follows:
1.) Article II is amended to read:
The term of this lease is extended until January 22, 2005. The Lessee may
renew the lease for one additional 5-year term by notifying the Lessor in writing on
or before July 22, 2004, of Lessee's intent to renew. The Lessor may decline to
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grant the renewal of this lease if, at any time during the period up to Ja,!a~2, :
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2005, Lessee has committed, permitted, suffered or caused acts or omiss~f.f1at ~
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constitute a breach of this lease, regardless of whether the Lessee eith~~d ::-
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the act or omission or the Lessor waived treating such act or omissi~~ a .g
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breach.
2.) Article III A.1 , second paragraph, is amended to read:
Lessee acknowledges. and consents to the disruption of its business
operations during the approximately first 18 months following the effective date
of this amendment because of the Lessor's reconstruction of the terminal building
at Key West International Airport. Lessee agrees to make no claim against Lessor
for such disruption or any claim based on business lost during the period of
reconstruction. During the period of reconstruction the Lessee must make the
improvements to the premises set forth in Exhibit A to this amendment. Exhibit A is
attached to this amendment and incorporated into it.
3.) Article III E. is hereby amended by the addition of the following:
Lessee must also pay the Lessor $75.00 per month for sewer service, which
amount will be increased annually by a percentage equal to the increase in the
c.p.i. (Miami/Ft. Lauderdale are) for the previous year.
4.} Article III G, the last sentence, is amended to read:
In the event Lessor is obligated to participate in any court proceedings in
order to enforce any of its rights under this paragraph or to collect its rentals, fees
and charges, Lessor, if successful in pursuing such litigation, shall be entitled to an
additional amount in such sum as any District Court or Circuit Court having
competent jurisdiction shall determine as a reasonable market value attorney's
fee.
5.} Article XIV, the insurance requirements, are amended to read:
The Lessee must keep in full force and effect during the term(s} of this
lease the insurance set forth in Exhibit B. Exhibit B is attached to this amendment
and incorporated into it.
6.) Article XXVI is hereby struck and is of no further force and effect.
7.} Article XX is amended to read:
ARTICLE XX - NOTICES
Notice to Lessor provided for herein shall be sufficient if sent by certified
mail, postage prepaid, addressed to:
Director of Airports, Monroe County
Key West International Airport
3491 South Roosevelt Boulevard
Key West, Florida 33040
and notice to Lessee, if sent by certified mail, postage prepaid, addressed to:
2
John Richmond
Conch Flyer
3495 S. Roosevelt Boulevard
Key West, Florida 33040
or to such other respective addresses as the parties may designate to each other
in writing from time to time.
8.) Article XXVII is amended to read:
A. The Tenant for himself, his personal representatives,
successors in interest, and assigns, as 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 y 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 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.
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B. It shall be a condition of this lease, that the Lessor reserves
until 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 he 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.
C. This lease and all provisions hereof are subject and
subordinate to the terms and conditions of the instruments under which
the Airport Owner ocquired 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, rules or
regulations which have been, or may hereafter be adopted by the Airport
Owner pertaining to the Key West International Airport.
D. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly understood and agreed
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that the rights granted under this agreement are nonexclusive and the
Lessor herein reserves the right to grant similar privileges to another Lessee
or other Lessees on other parts of the airport.
9.) Article XXIX is hereby created to read:
Venue for any litigation arising under this agreement must be in a
Court of competent jurisdiction in Monroe County, Florida.
10.) Except as specifically provided in this amendment to the airport lease
agreement, the terms, conditions, obligation and duties of the original agreement and
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. addenda remain in full force and effect.
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i'~~~~V\'\;' i 1.) This amendment to the airport lease will take effect on the date of the signoture
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~ ~et.fI;;1$, Idsiparty to execute it.
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A1T~'f' DANNY L. KOLHAGE, CLERK
By~~n~~
eput lerk
Date:~qg
Date:
pcon/amndconk.doc
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EXHIBIT 'A'
IMPROVEMENTS
The following is a list of capital improvements, repairs, replacements proposed to THE
CONCH FLYER RESTAURANT to be done during the construction phase ofthe Key
West Airport Terminal Renovation. The total cost of these improvements shall be born
by the lessee and will require NO COUNTY FUNDING.
The improvements made to the premises will include, but not be limited to:
A) Replacement of present Walk in Cooler refrigeration box and associated compressor
unit. Estimated cost ( including labor)........ $15,942.00
B) Replacement of present Garland Gas Range, Salim ander, Broiler and Oven units with
Garland high efficiency gas range units 42" griddle and double ovens Estimated cost
(including shipping, installation and disposal fees.............$9,532.00
C) Repair and installation of new gas lines, tanks and gas regulator systems including gas
shut off emergency systems to replace irrepairable existing system. To be completed
and certified by Public Gas Inc. Estimated Cost: $2,500.00
D) Replace and install two new Frymaster gas deep fryers and associated Plumbing:
Estimated Cost: $3,600.00
E) Purchase of two replacement Reach in Freezer units by True Refrigeration:
Estimate cost of purchase and Wireing installation:.........$13,500.00
F) Purchase ofHogisaki 1000 icemaker and stroage bin: Est Cost: $5,300.00
G) Replacement of all stainles steel prep tables (6) and purchase of storage racks
pantry shelves and misc. kitchen equiptment.........Est Cost: $4,000.00
I) Replacement of a\c ducting, kitchen ceiling, clean up of existing electrical wiring
and installation of an additional 6 flourescent ceiling fixtures. Estimated Cost:
including labor: $6,000.00
J) Carpentry, electrical, and plumbing to repair and replace kitchen wall areas due to
age, water damage, and install new dishwashing area Estimated Cost: $4,000.00
K) Replace existing lenolium kitchen floor with commercial grade Quarry tile and
plumg for drainage Est Cost including labor and removal of old floor: $6,500.00
L) Upgrading and repairing existing 200 amp electrical service to 300 amps and
inspecting and repairing existing wiring to meet current needs and code: Est Cost
$3,000.00
M) Replace exisiting lenolium floor on observation deck with Quarry tile and Seal for
leaks Actual Cost: $3,655.00
N) Remove, repair, and install new landscapeing on the area facing Cape Air Trailer
Replace walkway, facade, and install 26 tons of screeting sand and landscape
- timbers along with associated lighting and signage. Actual Cost: $6944.00
0) Remove, repair and install new undercounter sinks and refrigeration units behind
bar area and replace existing sinks, faucets, and associated plumbing. Estimated
Cost: $3,600.00
P) Build and Install custom three piece 46 foot bar top with customs lamination and
photographs Actual Cost: $4,400.00
Q) Replacement of66 ($135 ea) chairs and 30 ($114 ea) bar st091s: Est Cost:
$12,330.
R) Carpet replacement in dining room and Customer waiting area: Est Cost: $2400.00
S) Replacement of 8 Ceiling fans and installation of 16 recessed can light to replace the
three existing hanging fixtrues Est Cost: $2,100.00
T) Budgeted amount for miscellaneous supplys, tools, and non budgeted items and cost
overruns. Budgeted amount: $10,000.00
EXHIBIT 'B'
INSURANCE
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1996 Edition
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport! Aircraft Activities
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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 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 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.
Administration Instruction
1'.170')2
21
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INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDAc
AND
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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:
$500,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$250,000 per Person
$500,000 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 eh1end for a minimum of twelve
(12) months following the acceptance of work by the County.
The MO,nroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
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VEHICLE LIABILITY
INSURANCE REQUIRE1\1ENTS
FOR
CONTRACT
BET\VEEN . ,
MONROE COUNTY, FLORIDA
AND
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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
maintain'ed throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Ov.'11ed, 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.
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LIQUOR LIABILITY
INSURANCE REQUIRE~IENTS
FOR
CONTRACT
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BETWEEN
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MONROE COUNTY, FLORIDA
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Recognizing that the work governed by this contract involves the sales and/or distributicm'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.
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