Resolution 192-1984
..
Mr. Art Skelly
Director of Airports
RESOLUTION NO. 192-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE BY AND
BETWEEN THE COUNTY OF MONROE, STATE OF
FLORIDA, AND HYATT GROUP RESTAURANTS & CLUBS,
INC., FOR LAND ADJACENT TO THE KEY WEST
INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease by and between the County of Monroe, State of
Florida, and Hyatt Group Restaurants & Clubs, Inc., a copy of
same being attached hereto, for land adjacent to the Key West
International Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 29th day of June, A.D. 1984.
B~ COUNTY COMMISSIONERS
OF MON COUNTY, ~ORIDA
B.~0~
Chairman -1
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
//} "
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A
BY
LEASE
THIS LEASE is made and entered into on the
day of ,
A,D. 1984, by and between the County of Monroe,
State of Florida, a political subdivision of the State of Florida,
Lessor, .hereinafter referred to as "County", and HYATT GROUP RESTAU-
RAHTS & CLUBS, INC., a Florida corporation, Lessee, hereinafter re-
ferred to as "MARTHA'S".
WHEREAS, County owns an airport known.as 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 an
exclusive ~asis, upon the terms and conditions hereinafter stated.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and agreements herein contained, and other valuable considera-
tions, County does hereby lease unto MARTHA'S and MARTHA'S does here-
by lease from County certain premises and facilities, rights and
privileges, as follows:
(1) Premises. County does hereby lease to MARTHA'S and MARTHA'S
leases from County, premises as indicated on the attached Exhibit
A, made a part hereof, as an automobile parking lot for its customers
and emp loyees .
(2) Term. The' term of this lease shall be one (1) year,
.
commencing May 1, 1984, and ending on.April 30, 1985. MARTHA'S
shall have the option to renew this lease for additional terms of
one (1) year or more each, upon such terms and conditions and rent
as may be agreed to by the parties. The County reserves the right
upon thirty (30) days written notice to reclaim the land if the
leasehold area is required to accommodate future airport development,
and Lessee may cancel the same upon thirty 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 appli-
cable Florida State sales tax, payable on or before the first of
each month of the term.
Page 1 of 3 Pages
(4) Right of Ingress and Egress. MARTHA'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 County,
(5) Assignment. The premises leased hereunder may not be
sublet and this lease may not be assigned without the written
consent of the County, except Lessee may assign, without consent,
th~s lease to a business entity controlled by 0, Bruce Hyatt and
his immediate family.,
(6) }iaintenance of Premises, MARTHA'S shall be responsible
for and shall properly maintain the leased premises, and upon the
termination of this lease, shall leave the premises in, at least, as
good condition as at the time of the commencement of this lease,
norm~l use and occupancy excepted.
(7) Insurance. MARTHA'S agrees to indemnify and save County'
harmless from and against all claims and actions and expenses inci-
dental thereto, arising out of damages or claims for damages re-
sulting from the negligence of }~RTHA'S, its agents, or employees
in the use or occupancy of the leased premises and the common areas
'of the' Airport facilities by MARTHA'S, l'1ARTHA '.S shall carry and keep
in force Public Liability Insurance covering personal injury anq
property damage with an insurance company authorized to do busi-
ness in the State of Florida, having minimum limits of liability
for personal injuries in the amount of .$500,000,00, and for pro-
perty'damage in the amount of $250,000,00, and to furnish County
with certificates of such insurance.
(8) Default. The failure of MARTHA'S to pay any installment.
of rent when it becomes due or any other charges or fees shall be
due within ten (10) days after County transmits a statement therefore
shall constitute an act of default. Further, the failure of MARTHA'S
to perform any other of the covenants of this lease, which failure
shall continue for a period of fifteen (15) days after notice thereof
is given to MARTr~'S in writing by the County shall also constitute a
default under the terms of this lease. In the event of a default,
County may, at its option, declare the 1eas~ forfeited and may imme-
diately re-enter and take possession of the leased premises and this
lease shall terminate. If it shall be necessary to employ the ser-
vices of an attorney in order to enforce its right under this
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paragraph, or to collect any of its rentals , fees , or charges due,
County shall be entitled to reasonable attorney' s fees .
(9) Cancellation of Lease. County may cancel this lease
agreement for any reason by giving MARTHA' S thirty (30) days advanced
written notice and 'upon the happening of any event included but not
• limited to the following : the filing of a voluntary petition in
bankruptcy by MARTHA' S ; the institution of an involuntary proceeding
in 'bankruptcy and the adjudication of MARTHA'S as bankrupt; the tak-
ing by a court of competent jurisdiction of MARTHA'S and-its assets ,
• pursuant to a proceeding under the provisions of any federal reorgani-
zation act; the appointment of a receiver of MARTHA' S assets ; the
divesting of MARTHA'S leasehold estate by other operation of law; the
abandonment by MARTHA' S of its restaurant and bowling alley business .
adjacent to the airport for a period of thirty (30) days.
IN WITNESS WHEREOF , the parties hereto have caused this lease
to be executed as of the day and. year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(S'EAL)
Attest :
•
Clerk
HYATT GROUP RESTAURANT & CLUB, INC .
•
By
President -
(Corporate Seal) .
Attest :
•
AP
DASTOFORI:
Secretary '
Az e/2 01fce
•
Page 3 of 3 Pages
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