Resolution 273-1986
Art Skelly
Director of Airports
RESOLUTION NO. 273-1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE A LEASE BY AND BETWEEN THE COUNTY OF
MONROE, STATE OF FLORIDA, AND HYATT AND
HYATT, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That said Board hereby authorizes the Chairman of the Board
to execute a Lease by and between the County of Monroe, State of
Florida, and Hyatt and Hyatt, Inc., a copy of same being attached
hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of September, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
. ".''-~~
~~.J<n-."la",-..._ '. ,
Mayor/Chairman
(Seal)
Attest: DANNy L. K
,. OLHAGE, Clerk,
y2L~,/)L
APPR 'ED AS TO ~~:;:" /)
AN. ALSU~RC~
BY An,,,,,"v',, Office ~
LEASE
THIS LEASE is made and entered into on the
day of
, A.D. 1986, by and between the County of
Monroe, State of Florida, a political subdivision of the State of
rJf?
Florida, Lessor, hereinafter referred to as "County", and HYATT
ANd H Jlt'1 r~' .r:AlC.
GROUP ,Rt3TAUL~N'fS & CLUBS, ING., a Florida corporation, Lessee,
hereinafter referred to as "Martha's".
WHEREAS, County owns an airport known as the Key West
International Airport, located in Key West, Monroe County,
Florida, hereinafter referred to as the "Airport", and
WHEREAS, Martha's is engaged in the business of operating a
restaurant and bowling alley adjacent to airport property, and
WHEREAS, Martha's 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 Martha's
on a non-exclusive basis, upon the terms and conditions herein-
after stated.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and agreements herein contained, and other valuable
considerations, County does hereby lease unto Martha's and
Martha's does hereby lease from County certain premises and
facilities, rights and privileges, as follows:
(1)
Premises.
County does hereby lease to Martha's and
Hartha's leases from County,' premises as indicated on the
attached Exhibit A, made a part hereof, as an automobile parking
lot for Martha's customers and employees.
(2) Term. The term of this lease shall be five (5) years,
,connnencing A(OY~/17)3FI( 1, 1986, and ending on Ocw&ER ~() I, a!Ji2-
1991. The County reserves the right upon thirty (30) days
wri tten notice to termi.nate this lease, and Lessee may cancel
same upon thirty (30) days written notice.
(3) . Rent. During the term of this lease, Martha's shall
pay to the County rent in the amount of $330.00 per month, plus
applicable Florida State sales tax, payable on or before the
first of each month of the term.
(4)
Right..,of Ingress and Egress.
Hartha's, its agents,
employees, customers, suppliers and patrons shall have the right
of ingress and egress to and from the leased premises, which
shall not be unreasonably restricted by the County.
(5) Assi~nment. The premises leased hereunder may not be
sublet and this lease may not be assigned without the written
consent of the County.
(6) Maintenance of Premises. Martha's shall be responsible
for and shall maintain the leased premises, and upon the
termination of this lease, shall leave the premises in good
condition, normal use and occupancy excepted.
(7) Insurance. Martha's agrees to indemnify and save the
County harmless from and against all claims and actions and
expenses incid~ntal thereto, arising out of damages or claims for
damages resulting from the negligence of Martha's, its agents,
employees, invitees, suppliers and patrons in the use or
occupancy of the leased premises and the common areas of the
Airport facilities by Martha's. Martha's shall carry and keep in
force Public Liability Insurance covering personal injury and
property damage with an insurance company authorized to do
business in the State of Florida, having minimum limits of
liability for personal injuries in the amount of $500,000.00 and
for property damage in the amount of $250,000.00.
The County
shall be named an additional insured and shall be furnished a
certificate of evidence of insurance providing for no less than
thirty (30) days notice in the event of material change or
cancellation.
(8) Default.
The failure of Martha's to pay an install-
'ment of rent when it becomes due, or any other charges or fees
which shall be due within ten (10) days after the County
transmits a statement therefore, shall constitute an act of
default. Further, the failure of Martha's to perform any of the
other covenants of this lease, which failure shall continue for a
2
period of fifteen (15) days after notice thereof is given to
Martha's in writing by the County, shall also constitute 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 shall terminate. The County shall be entitled to
reasonable attorney's fees, including at the appellate level, for
the enforcement of the terms of this lease.
(9)
Cancellation of Lease.
In addition to the aforemen-
IN WITNESS '.]HEREOF, the parties hereto have caused this
lease to be executed as of the ~ay and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
(SEAL)
ATTEST:
CLERK
3
Htl1TT /irlJ If{fTr;rNC- ~./
IIY crT GROUP RE TAURANTS & ~
CLUBS, INC.
~'-
-B0~~~
RE D
/
---.,
(CORPORATE SEAL)
ATTEST:
~~
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AP~R lED AS TO FORM
AND EGAL SUFF~CIEN:Y. ;J
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