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Item C33 C.33' J �� BOARD OF COUNTY COMMISSIONERS County of Monroe r�l Mayor Heather Carruthers,District 3 Keys Mayor The Florida � - Mayor Pro Tem Michelle Coldiron,District 2 '` �ql l €d� Craig Cates,District 1 \J? V, David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting July 15, 2020 Agenda Item Number: C.33 Agenda Item Summary #7089 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 No AGENDA ITEM WORDING: Approval of a lease agreement with Charlene P. Helba Trustee, Jules L Beckwitt Revocable Trust for approximately 1,777 square feet of unimproved land at the Florida Keys Marathon International Airport in the amount of$ 2,612.19 per year. ITEM BACKGROUND: Charlene P. Helba Trustee, Jules L Beckwitt Revocable Trust owns two hangars located adjacent to the northeast corner of the Florida Keys Marathon Airport. The county has leased this strip of land since 2009 in order to provide vehicle access to the hangars. PREVIOUS RELEVANT BOCC ACTION: Approved previous leases for this strip of land at the on September 16, 2009 and October 17, 2014. CONTRACT/AGREEMENT CHANGES: New lease (renewal). STAFF RECOMMENDATION: Approval DOCUMENTATION: MTH - Helba Lease June 2020 FINANCIAL IMPACT: Effective Date: July 1, 2020 Expiration Date: June 30, 2025 Total Dollar Value of Contract: Total Cost to County: -0- Current Year Portion: Budgeted: Source of Funds: Packet Pg. 1291 C.33' CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $217.68 Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 06/30/2020 10:18 AM Richard Strickland Completed 06/30/2020 12:08 PM Pedro Mercado Completed 06/30/2020 12:16 PM Purchasing Completed 06/30/2020 1:21 PM Budget and Finance Completed 06/30/2020 2:04 PM Maria Slavik Completed 06/30/2020 2:19 PM Kathy Peters Completed 07/01/2020 10:57 AM Board of County Commissioners Pending 07/15/2020 9:00 AM Packet Pg. 1292 C.33.a LEASE AGREEMENT FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT CHARLENE P. HELBA, TRUSTEE, JULES L BECKWITT REVOCABLE TRUST This lease agreement is entered into by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereafter COUNTY, LESSOR or OWNER) and Charlene P. Helba, Trustee, Jules L Beckwitt Revocable Trust whose address is 120 Fireside Drive, McMurray,Pennsylvania, 15317 (hereafter TENANT or LESSEE). WHEREAS, LESSOR owns property adjacent to and including an airport known as the Florida Keys Marathon International Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and, WHEREAS, LESSEE has leased said premises continuously since September 16, 2009; and, WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection with said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and conditions hereinafter stated, now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements 101 herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges w as follows, to wit: N CD 1. Premises. LESSOR does hereby lease to LESSEE, and LESSEE leases from the LESSOR, an irregularly shaped parcel of land measuring 102' by 36' by 135' by 15' located at the Florida Keys Marathon International Airport, as described in Exhibit"A" attached hereto and incorporated herein. The premises are leased to the LESSEE for the sole purpose of providing vehicular access to LESSEE's hangars, which are located off airport property. 2. Term. The term of the lease shall be five (5) years, commencing July 1, 2020 and , ending on June 30, 2025. 3. Rent. The rent for the premises which measures approximately 1,777 square feet is $1.47 per square foot, $217.68 per month or $2612.19 per year, plus applicable sales tax, with E the monthly rent due and payable beginning on the first day of each month. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and LESSEE will be obligated to pay, a late fee of twenty dollars ($20) or twenty percent (20%), whichever is greater, of any such overdue amount. Such late fees will be in addition to the amount of rent due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by LESSEE under the terms of this lease. The COUNTY, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 10 of this lease. In the event that any check, draft, or negotiable instrument by which Packet Pg. 1293 C.33.a LESSEE has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a service charge of $25 if the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is greater. Such fees and charges shall be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 10 of this lease. Rent will be adjusted annually on the anniversary of the effective date of this agreement by the greater of the amount recommended in an approved rates and charges study or by the percentage in increase in the CPI (U.S. Department of Commerce price index for all urban consumers) for the previous calendar year. In the event of a deflationary CPI, no adjustment in the rental rates will be made. -2 4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as follows: ' A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased premises. LO B. The LESSEE, on keeping the covenants and agreements by him herein contained, �-- shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by any person or persons claiming by, through or under it. C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. 5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the LESSOR as follows: A. LESSEE is not a "through the fence" tenant and LESSEE will have no direct access whatsoever from the leased premises on to the property of the Florida Keys Marathon International Airport. E B. LESSEE will utilize the leased area solely for vehicular access to the LESSEE's hangars, which are located off airport property. C. LESSEE will not use the leased area for storage purposes whatsoever. This paragraph shall not preclude the parking of vehicles on the leased property; however, vehicles parked for a consecutive 48 hour period shall be deemed to be stored for purposes of this subsection. D. LESSEE'S hangar door access on to the leased area shall remain closed at all times to prevent the escape of nuisance or hazardous materials on to the airport unless hangar Packet Pg. 1294 C.33.a door access is immediately needed. The requirements of this paragraph shall only apply when the LESSEE's property is being leased or occupied by a tenant engaging in an activity that produces airborne contaminants. E. LESSEE will institute reasonable precautions to prevent a nuisance or airport hazard, including but not limited to any activities/operations on LESSEE's premises that would affect the activities/operations on the airport, such as: smoke, open flames, blowing dust, paint overspray, et cetera. F. LESSEE shall pay the LESSOR the rent at the times and in the manner provided for by this lease. G. LESSEE shall make no improper or unlawful or offensive use of said premises, and shall permit the LESSOR or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. H. LEESEE will comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which i prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination w on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities s Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or E the subject matter of, this Agreement. L LESSEE 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. J. 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. Packet Pg. 1295 C.33.a K. LESSEE expressly agrees for itself, its successors and assigns to prevent release on to airport property of any contaminants, of any type and in any form whatsoever, generated as a by product of activity conducted at LESSEE's property, including but not limited to fiberglass dust and paint overspray. L. LESSEE expressly agrees for itself, its successors and assigns to remediate any damage caused on Airport property, regardless of ownership of the damaged property, as a result of a release of contaminants from LESSEE'S property. M. 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 such 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 Owner pertaining to the Florida Keys Marathon Airport. -2 N. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed 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 LESSEE on other parts of the airport. i LO O. LESSEE expressly agrees LESSEE'S tenants, heirs, successors, assigns or >- invitees shall be required to comply with LESSEE'S covenants 5A-N. !i- cv 6. Inspection and Maintenance of Premises by County. The LESSOR and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether LESSEE has complied and is complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the s existing perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of LESSEE and, provided further, that the entire cost of such work, as a E result of the exercise by the LESSOR of its rights hereunder shall be borne by the LESSOR. 7. Assignment. This lease agreement may not be assigned, or the premises subleased, without the written permission of the Director of Airports which shall not be unreasonably withheld. 8. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including Packet Pg. 1296 C.33.a death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this Section will survive the expiration of the term of this lease or any earlier termination of this lease. 9. Insurance Requirements. a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates of Insurance to LESSOR to verify such coverage: i General Liability. LESSEE shall provide coverage for all premises and operations 10 including Products and Completed Operations, Blanket Contractual Liability, Personal Injury >_ Liability, and Expanded Definition of Property Damage. The limits shall not be less than: w $1,000,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage Vehicle Liability. LESSEE shall provide coverage for all owned, non-owned and hired vehicles with limits of not less than: w $1,000,000 Combined Single Limit(CSL) s If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage E b. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies, except for Worker's Compensation, issued to satisfy the above requirements. c. 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 days prior notification is given to the Lessor by the insurer. d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving LESSEE from any liability or obligation assumed under this lease or imposed by law. Packet Pg. 1297 C.33.a e. LESSEE shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 10. f. 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 be approved by Monroe County Risk Management. 10. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this lease. The failure of LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen (15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a default under the terms of this lease. In the event of a default, LESSOR may, at its option, declare the lease forfeited and may immediately re-enter and take s possession of the leased premises and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any subsequent i default shall be grounds for termination. LO 11. Books, Records and Documents. LESSEE shall maintain all books, records, and -- documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each parry to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to s LESSEE. 12. Public Records Compliance. LESSEE must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The COUNTY and LESSEE shall allow and permit reasonable access to, E and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and LESSEE in conjunction with this contract and related to contract performance. The COUNTY shall have the right to unilaterally cancel this contract upon violation of this provision by the LESSEE. Failure of the LESSEE to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The LESSEE is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Packet Pg. 1298 C.33.a Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the LESSEE is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the County's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the LESSEE does not transfer the records to the COUNTY. (4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the LESSEE or keep and maintain public records that would be required by the COUNTY to perform the service. If the LESSEE transfers all public records to the COUNTY upon completion of the contract, the LESSEE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the LESSEE -2 keeps and maintains public records upon completion of the contract, the LESSEE shall meet all s applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a County contract must be made i directly to the COUNTY, but if the COUNTY does not possess the requested records, the LO COUNTY shall immediately notify the LESSEE of the request, and the LESSEE must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable w time. N cv If the LESSEE does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records contract provisions in accordance with the contract, notwithstanding the COUNTY's option and right to unilaterally cancel this contract upon violation of this provision by the LESSEE Contractor. A LESSEE who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. s LESSEE shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT < THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292- 3470, BRADLEY-BRIANkMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040. 13. Governing Law, Venue, Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative Packet Pg. 1299 C.33.a proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 14. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. _ 15. Attorney's Fees and Costs. The LESSOR and LESSEE agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to i reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award "' against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted w pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. N 16. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives, successors, and assigns. 17. Authority. Each party represents and warrants to the other that the execution, iu delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 18. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the E purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 19. Adiudication of Disputes or Disagreements. LESSOR and LESSEE agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this agreement. Packet Pg. 1300 C.33.a 20. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution, performance, or breach of this Agreement, LESSOR and LESSEE agree to participate, to the extent required by the other parry, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. LESSOR and LESSEE specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. A parry who requests the other parry's participation in accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such participation. 21. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. 22. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and i disclosure or use of certain information. 10 23. No Solicitation/Payment. The LESSOR and LESSEE warrant that, in respect to -- itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. s 24. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28 Florida Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the E extent of liability coverage, nor shall any contract entered into by the LESSOR be required to contain any provision for waiver. 25. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the LESSOR, when performing their respective functions under this Agreement within the territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the LESSOR. Packet Pg. 1301 C.33.a 26. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to the extent permitted by the Florida constitution, state statute, and case law. 27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or -2 for the purposes contemplated in this Agreement. s 28. Attestations. LESSEE agrees to execute such documents as the LESSOR may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement. i LO 29. No Personal Liability. No covenant or agreement contained herein shall be >_ deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe !-- County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 30. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. s 31. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. E 32. Cancellation of Lease. LESSOR may cancel this lease agreement by giving LESSEE sixty (60) days advanced written notice upon the happening of any of the following events: the appointment of a receiver of LESSEE's assets; the divesting of LESSEE's leasehold estate by other operation of law; the abandonment by LESSEE of its operations at the premises for a period of sixty (60) days. By the end of the sixty (60) day notice period, LESSEE shall have vacated the premises and the LESSOR may immediately re-enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the LESSOR's rights under this paragraph, the LESSOR shall be entitled to reasonable attorney's fees. LESSEE may cancel this lease agreement, at any time and with or without cause, by giving LESSOR ninety (90) days advance written notice. Packet Pg. 1302 33. Federal,State and local law. Lessor shall comply with all federal, state, county and local laws, ordinances, rules and regulations now and hereafter in force which may be applicable to the operation of its business at the airport, including the minimum standards as amended from time to time. 34. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit`B", attached hereto and made a part hereof. 35. Tellmination for Convenience. This lease may be terminated by the LESSOR for convenience and without cause upon one hundred eighty (180) days written notice delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. IN WITNESS WHEREOF,the parties have caused this lease to be executed this day of 2020. (SEAL) BOARD OF COUNTY COMMISSIONERS a ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA I By B 10 Y Deputy Clerk Mayor/Chairperson >- cv CD cv LESSEE e T r�1,r a Charlene P. Helba $„ ` `e it) K-7 v eAel e STATE OF- &I COUNTY OF: , Subscribed and swo to or firmed) before me, by means of h�ioa resennotarization, on (date) by �'`�' ame of afftar}t). He/ e is personally known to me or has produced CC s,e (type of ide tification)a identification. Commonwealth of Pennsylvania-Notary seal NOT I' Amy Papp,Notary Public Allegheny County My commission expires January 10,2021 Commission number 1247042 Member,Pennsylvania Association of Notaries RO CO A PNEY t 'P1OV7EA,,r FORM P >F (J. C ATTORNEY ®late 6/30/20 Packet Pg. 1303 (asea-1 H-LW eglaH au81ae40-S MA3) OZOZ ir asee-1 eglaH - H1W :lu8w4OBlld c .. " it l`7 % do Y, 6 �jjJJ1 � r Y gi VL co Y ti 4 �• r S' i co N n h. cis,polo (n o A ■ ri cu r O a t .,-.... L— G CU 4Y /^ c v+ (n ) cu - V NQ HQm W C.33.a EXHIBIT B FAA REQUIRED LEASE CLAUSES 1. This lease shall be subject to review and re-evaluation at the end of each 1 year period, by the airport owner and the rent may be adjusted according to their action, not to exceed the Consumer Price Index rate during the last 12 month period, or; Land less improvements will be appraised every 5 years and the adjusted rental will be based on normally 10-12 percent of the appraised value. If disputed, lessor obtains appraisal at his expense and lessor/lessee equally share expense for review appraisal that establishes fair market value. 2. The tenant for himself, his personal representatives, successors in interest, and 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 i facilities, (2) that in the construction of any improvements on, over or under such land LO and the furnishing or 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-Effactuation 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. 3. 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 Packet Pg. 1305 C.33.a 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. 4. This lease and all provisions hereof are subject to any ordinances rules or regulation which have been, or may hereafter be adopted by the Airport Owner pertaining to the Florida Keys Marathon International Airport. 5. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right tot grant similar privileges to another Lessee or other Lessees on parts of the airport. i 10 CD CD U Packet Pg. 1306 ACC)" CERTIFICATE OF LIABILITY INSURANCE °ATE` C.33.a 03/05/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Felicia Thomas NAME: Regan Insurance Agency PHONE (305)852-3234 FAX (305)852-3703 A/C No Ext: A/C,No 90144 Overseas Hwy. E-MAIL ADDRESS: fthomas@reganinsuranceinc.com INSURERS)AFFORDING COVERAGE NAIC# Tavernier FL 33070 INSURERA: Century Surety Company 36951 INSURED INSURER B: Jules I Beckwitt Rev Trust 5/14/1992 INSURER C: c/o Charlene P.Helba,Trustee INSURER D: 120 Fireside Drive INSURER E: McMurray PA 15317 INSURERF: COVERAGES CERTIFICATE NUMBER: 20-21 GL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Z ILTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMI DY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY F�4CH OCCURRENCE $ 1,000,000 CLAIMS-MADE I OCCUR PREMISES(Ea occurrence) $ 100,000 �. MED EXP(Any one person) $ 5,000 A Y CCP880582 03/21/2020 03/21/2021 PERSONAL SADVINJURY $ 1,000,000 I GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 to POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 1,000,000 JECT OTHER: $ LU AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accidentCD ANYAUTO BODILY INJURY(Per person) $ CCD V OWNED SCHEDULED BODILY INJURY(Per accident) $ CV AUTOS ONLY AUTOS 0) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident S UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S S WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY YIN STATUTE ER H 0) ANY PROPRIETOR/PARTNER/EXECUTIVE �..N_/.a_ _ _ ____E.L..EACHACCIDENT $ ® — OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under I® DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) U Certificate Holder is shown as an additional insured per policy forms,conditions,limitation and exclusions. gA,PPROTEWGENIEN.TDATEWAIVE CERTIFICATE HOLDER CA ELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE / Key West FL 33040 QA--� l(/ , ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1307 C.33.a 2011 Mm MONROE ,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS It is requested that the Insuntnee requiretnenig, specified in the C nty's Schedule of Insurance Requirements,be waivedmodified on the fallowing contract. ContmetoriVendor. Charlene P. Helba, Trustee for Jules I. BeckwittRev. Trus Pmj Fla Keys Marathon it art Lease Renewal y ContraciorNemutor 120 Fireside Dr., McMurray, PA 15317 Addrem&Ph=m cmmw scope of work: _.6..r....._.r. Req f Veh i el a T.i ahi l i t y Trm rance Romm for Waiver or The l ased area involves Modi6 tl and running to Vdh"T I are f d" Ali _jif — _._ >_ Policies Waiveror i modirwation will apply to; New lease _t ran l�i o S 1 tyP_rprn+ac t a CD waiver of -I 1 1 1--#t general CD iabilit w SI to o on ST Ilatc; Ala N A PP -ved Rhk Management i alert County Admi for l: A Not Approved! Date:. Board ofCounty Comminionen Approved: 0 Meeting Data: Adminhaswive Nanwfion 75W,7 tit Packet Pg. 1308