Item C14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
..
MEETING DATE: 4/17102
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease agreement with KWIA Hangar Association, for a hangar development
project at the Key West International Airport.
ITEM BACKGROUND: The hangar development project will be funded 50% by the Florida Department of Transportation,
and 50% by Key West Hangar Corporation.
PREVIOUS RELEVANT BOCC ACTION. Approval to negotiate with Island City Flying Service and hangar owners to
redevelop the existing hangar area, 7/26/00. Approval of a Joint Participation agreement with FOOT to fund 50% of the
hangar project, 2/13/02.
CONTRACT/AGREEMENT CHANGES: New agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: N/A
BUDGETED: NIA
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: - $75,000.00
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL
~+*-
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
C/i/
DISPOSITION:
Ibev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: KWIA Hangar Association
Effective Date: Execution
Expiration Date: 30 years
Contract Purpose/Description: Lease agreement for hangar development project at the Key West International
Airport.
Contract Manager: Bevette Moore
(name)
# 5195
(Ext.)
for BOCC meeting on: 4/17/02
Airports - Stop # 5
(DepartmenUCourier Stop)
Agenda Deadline: 4/3/02
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Airport Manager
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Risk Management
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O. M. B.lPurchasing
County Attorney
Comments:
Reviewer
Date Out
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KEY WEST INTERNATIONAL AIRPORT LEASE AGREEMENT
THIS LEASE is entered into by MONROE COUNlY, a political subdivision of the State of
Florida, hereafter County, Lessor, or Owner, and KWIA HANGAR ASSOCIATION, a Florida
corporation, hereafter Lessee or Tenant.
WHEREAS, the County owns and operates Key West International Airport (KWIA) and, on
the effective date of this lease, the shareholders of Lessee have individual existing leases at KWIA
for hangars and tie downs;
WHEREAS, the County and Lessee desire to have the County construct new hangars at
KWIA and to upgrade the infrastructure that will serve the new hangars sites for the benefit of
Lessee and its shareholders and benefit the County through increased rent;
WHEREAS, the construction of new hangars and related infrastructure require the
relocation of the Lessee's shareholders hangars and the cancellation of the leases for the same;
now, therefore,
IN CONSIDERATION of the mutual covenants and promises set forth below, the parties
agree as follows:
1. This Lease takes effect on April 17, 2002. The term of the lease is for 30 years.
However, the term does not commence to run until the date the new hangars and related
infrastructure contemplated by this lease are available for use by the Lessee's shareholders. The
County's KWIA Director (Director) must notify, in writing, the Lessee of that date. The Director
must also cause a copy of his notification to be attached to the copy of this Lease Agreement kept
by the Clerk of the Circuit Court and the copy kept in the public records of the Director. The
Lessee and Lessee's shareholders agree that the date set forth in the Director's writing is
irrefutable evidence of the date on which the 30 year term begins to run.
2. The County leases to Lessee the area shown on Exhibit A, hereafter the Leasehold.
Exhibit A also depicts the new hangars to be built by the County pursuant to this lease. Exhibit A
is attached to this lease and made a part of it. The leasehold is part of the larger Project area,
which includes related infrastructure, and is shown on Exhibit B, hereafter the Project or Project
Area. Exhibit B is attached to this lease and made a part of it.
3.
a)
The Lessee's shareholders' existing KWrA leases in effect on the date of this
lease are as follows:
1. Fred Cabanas, hangar lease expires 10/21/04
2. Oion, hangar lease expires 4/20/14
3. East Coast, hangar lease expires 2/7/05
4. rCFS, hangar #1 lease expires 2/21/05
5. rCFS, hangar #2 lease expires 5/15/15
6. Knight, hangar lease expires 2/15/04
7. Lockwood, hangar lease expires 11/26/04
8. Norquoy, hangar lease expires 10/1/04
9. Rockland, hangar lease expires 10/31/09
10. Samaha, hangar lease expires 2/21/15
11. Turco, hangar lease expires 10/1/04
All leases listed in this paragraph are attached to this lease as Exhibit C and made a part of this
lease. The Lessee's shareholders are also referred to in this Agreement as existing hangar
leaseholders.
b) No new hangar or infrastructure construction provided for in this lease may
begin within the Project Area until the County has paid the Lessee's shareholders listed in
subparagraph a) 95% of the fair market value (FMV) of their leases. The FMV to be paid for the
shareholders' leases will be made by Padron Appraisers. The Lessee's shareholders agree to
accept as full payment and compensation for their leases the amount determined by Padron
Appraisers to be FMV. When the shareholders receive the amount from the County determined
by Padron Appraisers to be the FMV, and this Lease becomes effective, then the leases listed in
subparagraph (3)(a) will automatically be canceled and will become void, with the County no
longer having any duty, liability or obligation to Lessee's shareholders with respect to those
canceled leases. The Lessee's shareholders agree to provide a written acknowledgment of the
cancellations, and an acknowledgment of no County liability, to the County, FOOT, or the FAA, if
requested. When canceled, the shareholders may remove the existing hangars at their own
expense within ten days of the cancellation date. Otherwise the County will demolish the hangars
and remove the debris, as part of the construction contract, contingent on FAA and FOOT funding.
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c) However, the County does not become obligated to pay the Lessee's
shareholders for their leases until such time as the County has received all necessary permits for
the Project from the government agencies having jurisdiction over the Project, received FAA and
FOOT funds to pay the existing hangar leaseholders the 95% of FMV, and binding contracts for
construction of the Project have been entered into by the County. Commencing on the date that
the County executes the last contract necessary for the construction Project, the County then has
45 days to pay the Lessee's shareholders the previously determined 95% FMV for their leases.
Provided, however, that prior to the execution of binding construction contracts by the County,
the Lessee may, on behalf of the Lessee's shareholders, refuse payment for the leases and
terminate this Lease if:
1. After completion of the permitting process, the Lessee determines that the
Project is not economically feasible for its shareholders or is no longer in their best
interest;
2. After completion of the Project's architect and engineering (A&E) designs,
the Lessee determines that the Project is not economically feasible for its shareholders or
is no longer in their best interest;
3. After the Project construction bids are received but before the County has
entered into biding construction contracts, the Lessee determines that the Project is no
longer economically feasible or no longer in the best interest of its shareholders.
The Lessee must determine whether it is going to terminate this Lease pursuant to
subparagraphs 1 - 3 above, within ten days of the County making available for Lessee's
examination the final permits, A&E plans, or Project construction bids. The Lessee must
affirmatively notify the County in writing of its intent to terminate pursuant to this paragraph
within those ten days. Without such timely written notification this Lease will remain in full force
and effect.
rf the Lessee elects to terminate the Lease Agreement under this subparagraph, then the
County, Lessee and Lessee's shareholders will not have any further obligation to the others and
the parties will not incur any liability to pay money to the others on account of the termination.
The County need not refund any architectural, engineering, or permitting costs paid to the County
prior to the date of termination.
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4. a) The Lessee agrees to pay one-half of the estimated permitting and A&E
costs, up to $490,000. Since the permitting and A&E costs are primarily up front expenditures,
within 20 days of the effective date of this lease, Lessee must pay to the County an amount equal
to one half of such costs. Failure of Lessee to timely pay the County the estimated A&E and
permitting costs is a material breach of this Lease entitling the County to terminate it without
liability to Lessee or its shareholders.
b) The Lessee agrees to pay one-half of the Project construction costs, as
stated in the construction bids. Lessee must pay one-half of the construction costs to the County
within 20 days from the date of notification by the County that the construction bids are available
for examination and the Lessee elects not to terminate this Lease under paragraph 3. Failure of
the Lessee to timely pay the construction funds is a material breach of this lease that will entitle
the County to immediately terminate it without any liability or obligation to the Lessee or its
shareholders.
c) The County's Clerk will keep the Lessee's funds paid pursuant to this
paragraph in a separate account. The Lessee's funds on deposit with the Clerk will only be
released by the Clerk for the payment of Project costs authorized by this lease. Before any
payment may be made, the County must furnish the Clerk an invoice in a form satisfactory to the
Clerk from the County detailing the Project items for which payment from the Lessee's funds is
sought. Upon completion of the Project, and after final payment to the general contractor and
the County's receipt of releases from all subcontractors and materialmen, the County shall refund
any of the Lessee's unspent funds paid to the County pursuant to this paragraph to the Lessee. If
the Lessee elects to timely terminate this Lease pursuant to subparagraph 2 (c)1-3, then any
Lessee funds paid to the County but unspent shall be refunded to the Lessee. Provided, however,
that the County is under no obligation to refund or pay back Lessee funds spent, or obligated for,
Project costs prior to the date the County received Lessee's written notice of termination.
If the actual construction costs exceed the bid price(s) and the Project architect consents
to additional payment(s) to the contractor(s), then the County and Lessee are each liable for one-
half of the additional amount(s). The Lessee shall pay the additional amount to the County within
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ten days of a County request for the additional funds. Lessee is responsible for 100% of the
change order cost if the change order is requested by the Lessee. No rent credit is available for
Lessee's requested change orders. After the binding construction contracts are executed by the
County, the Lessee agrees to pay one-half of the extra costs incurred by any change orders or
other increase in construction costs as long as such costs are approved by the County's architect.
Lessee shall be entitled to a rent credit for any extra costs incurred but at an amount not the
exceed $50,000 per year.
5. a) The County is in charge of, and responsible for, all construction of the
Project. When all the necessary governmental permits for construction have been obtained and
available FAA and FOOT funding secured, the County must begin Project construction as promptly
as is consistent with the statutes, ordinance and policy resolutions governing the bidding and
award of bids for the construction of public works. Once construction is commenced, the Project
must be completed within 395 days, although the County may extend that time in the event of
acts of God, man-made disasters, or construction, labor disputes, or time extensions authorized
through change orders.
b) Since the County is the Developer of the Project, the County will not charge
the Lessee or its shareholders any County building permit fees or impact fees.
6. All Project improvements, including the leasehold hangars, are the property of the
County.
7. During the course of the construction of the Project, the County will cause the wind
cone to be relocated as shown on Exhibit B. The relocation is part of the total Project costs and
thus subject to any matching funds or up front funding obligation of the Lessee.
8. a) The Lessee and Lessee's shareholders may occupy the leasehold and utilize
the common infrastructure shown on Exhibit B as soon as the Lessee receives the Director's
written notification that the new hangars and infrastructure are available for use.
b) Each of the Lessees/Shareholders referred to above shall have the right to
occupy and use one of the new leasehold hangars during the term of this Lease pursuant to the
terms of a Sublease between Lessee and each of its Shareholders/Sublessees. However, Lessee
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has the authority to designate which of its Shareholders occupy and use the individual hangars,
the occupancy and use being subject to all of the conditions of this Lease and all of the conditions
of the Sublease and rules and regulations of Lessee. Lessee shall have the right to add or delete
Shareholders and to sublet each of the hangars on terms and conditions to be determined
between Lessee and each sublessee.
c) Lessee must pay as rent for the leasehold the amount of $75,000 per year,
due in advance and monthly ($6250) by the fifth day of each month, plus any applicable sales
tax. If any sales or other tax on the rental payments or leasehold is levied by the State of Florida
then the Lessee is also responsible for the payment of such taxes. The rent is first due when the
term of this lease begins as provided in paragraph 1. The rental shall be adjusted on the
anniversary date of the commencement of the lease term in a percentage equal to the percentage
increase in the CPI for the immediately prior calendar year.
d) The leasehold uses are limited to the following:
1. the storage of privately owned aircraft of aircraft owned by the Lessee or
their sublessees;
2. aircraft maintenance and repair which is authorized by the FAA for aircraft
owned by Lessees or Sublessees;
3. sight seeing flights, seaplane trips, and banner towing but only when
authorized through an agreement with the FBO.
No commercial uses except those just described are allowed. Notwithstanding the
foregoing, Island City Flying Service and Fred Cabanas shall be allowed to use their designated
hangars for commercial purposes consistent with the terms of the Lease between Lessor and
Island City Flying Service.
9. During the term of this Lease the Lessee and Lessee's shareholders must keep in
full force and effect the insurance described in Exhibit o. Notwithstanding anything contained
elsewhere in this agreement, neither the Lessee nor its shareholders may occupy or use the
leasehold until satisfactory evidence is presented to the County's Risk Management Director that
the insurance described in Exhibit 0 has been obtained by Lessee and its shareholders. Once
every three years, the County may amend the insurance requirements of Exhibit D if the County's
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Risk Management Director determines that an amendment of the insurance coverage terms is
needed to protect the County or members of the public. Failure to obtain or keep in force and
effect the insurance required in Exhibit 0 is a material breach of this lease and entitles the County
to immediately terminate the lease with no liability to Lessee, or its shareholders or third persons
subleasing from Lessee, to order the immediate cessation of leasehold operations and the
vacation of the leasehold by Lessee and its shareholders and any third persons subleasing from
Lessee. The insurance requirements of Exhibit 0 are for the protection of the public and the
County generally and not any specific individual. The failure of the County to enforce the
insurance requirements of Exhibit 0 cannot form the basis of liability to any specific individual or
individuals.
10. a) The Lessee is responsible for all maintenance of the hangars. As required by
paragraph 9 of this lease, the Lessee must have, among other policies, structure insurance for the
hangars. Therefore, if any of the hangars are damaged or destroyed, the Lessee is responsible
for the repair or replacement of the damaged/destroyed hangar(s). The damaged/destroyed
hangars must be replaced or repaired within one year of the date of damage or destruction
although the time may be extended by the County for good cause shown.
b) The County is responsible for maintaining, and repairing or replacing when
damaged or destroyed, all infrastructure other than the hangars.
11. The Lessee is liable for and must fully defend, release, discharge, indemnify and
hold harmless the County, the members of the County Commission, County officers and
employees, and County agents and contractors, from and against any and all claims, demands,
causes of action, losses, costs and expenses of whatever type - including investigation and
witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to
the Lessee's operations at KWIA excluding those claims, demands, damages, liabilities, actions,
causes of action, losses, costs and expenses that are the result of the negligence of the County.
The Lessee's purchase of the insurance required in paragraph 9 and Exhibit 0 does not release or
vitiate its obligations under this paragraph.
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12. If funds are not provided by the United States for the operation of the KWIA control
tower, navigation aids or other facilities needed by Lessee and its shareholders to use the
leasehold, the County is under no obligation to provide those facilities or services.
13. a) The Lessee and its shareholders must comply with all ordinances and
resolutions of the County, whether in effect on the date this Lease takes effect, or adopted later,
that affect its use of its KWIA leasehold. The Lessee and its shareholders must also comply with
all laws, statutes, regulations and rules of the federal or state government, that affect the
Lessee's and its shareholders' flight operations or its use of the KWIA leasehold. The Lessee's
and its shareholders' obligation to obey federal and state laws, statutes, regulations and rules,
includes not only those in effect on the effective date of this Lease, but those adopted after that
date.
b) After Lessee's occupation of the leasehold, the Lessee must pay any penalty,
assessment or fine of the federal or state government imposed on the County that arises out of,
or is attributable to, the Lessee's, sublessees', or Lessee's shareholders' operations at KWIA. The
Lessee must also defend in the name of the County any claim, assessment or civil action that is
initiated by the federal or state government against the County that is based in whole or in part
on a claim that any aspect of the Lessee's operations at KWIA violated a law, statute, rule,
regulation, or program or Project criteria.
14. The Lessee and its shareholders for itself, its 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 disability, 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 commercial flights serving KWIA, (2) that in the provision of such services, 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 Lessee shall provide such
services 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,
8
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, the County
shall have the right to terminate this agreement as if said agreement 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.
15. It shall be a condition of this lease, that the County 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 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.
16. 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 KWIA.
17. 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
9
nonexclusive and the County herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of the airport.
18. a) In addition to any other remedies available at law or equity, the County may
treat the Lessee in default and terminate this lease if the Lessee or its shareholders fails to
comply with its obligations under this lease. Except as separately provided in the paragraphs
concerning the payment of funds for the permitting and A&E and Project construction costs, and
insurance, before the County may terminate this lease, the County must give the Lessee a written
notice of default stating that, if the default is not cured within 30 days of the Lessee's receipt of
the notice, then the County will terminate the lease. Provided, however, that if the default is
caused by the action(s) or omission(s) of a sublessee of the Lessee, then so long as the Lessee is
diligently prosecuting an action in law or equity to correct the default, then the 30 day period is
tolled until the final order of a court is entered. The County agrees to be bound by the final order
of the court; however, Lessee consents to the County's intervention in any Lessee/sublessee
litigation so that the County's interests may be adequately represented. A consent to County
intervention must also be in all Lessee's leases with its sublessees. Termination under this
paragraph does not relieve the Lessee or its shareholders from the payment to the County of
whatever damages the County suffered because of the Lessee's default. This paragraph will
survive the termination of this Lease.
b) Notwithstanding subparagraph 18(a) or anything contained elsewhere in this Lease,
if the Lessee or any of the sublessees cause, suffer, or permit, any condition, of whatever type, to
occur or arise on the Lessee's or sublessee's premises that constitutes an immediate danger to
property, life, or the safe operation of KWIA, the County reserves the right to have its employees
or contractors enter upon the premises for the purpose of correcting the dangerous condition.
The County's cost correcting the dangerous condition must be paid to the County by the Lessee,
who shall promptly pay that amount upon the receipt of an invoice from the County. The County
will incur no liability for its entry upon the premises and the correction of the dangerous condition
to Lessee or its sublessees. The Lessee must insert a paragraph similar to the foregoing in all
Lessee's leases with its sublessees.
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19. The Lessee may terminate this lease - if it is not otherwise in default - by giving the
County 10 days written notice, upon the occurrence of any of the following events:
a) The issuance by any court of competent jurisdiction of an injunction in any
way preventing or restraining the use of KWIA, or any part of KWIA, for a period of at least 90
days.
b) The lawful assumption by the United States of the operation, control or use
of KWIA, or any part of KWIA, in a way that prevents the Lessee from operating its leasehold for
a period of at least 90 days.
c) A dispute between the County and another governmental agency or between
other governmental agencies that make it difficult or impossible for KWIA to be operated safely
for a period of at least 90 days.
The grounds for the Lessee's termination of this lease as stated in this paragraph 20
create no basis for any County liability to the Lessee or its shareholders and cannot serve to
create any obligation on the part of the County to pay money to the Lessee or its shareholders
20. In addition to any other remedies at law or equity, the Lessee may terminate this
lease and treat the County in default if the County fails to perform its obligations under this lease.
Before the Lessee may terminate the lease under this paragraph, the Lessee must give the
County a written notice of the default stating that, if the default is not cured within 30 days of the
County's receipt of Lessee's written notice, then the Lessee may terminate this lease.
Termination under this paragraph does not relieve the County from an obligation to pay the
Lessee whatever damages the Lessee suffered because of the County's default. This paragraph
will survive the termination of this Lease.
21. The waiver by the Lessee or the County of an act or omission that constitutes a
default of an obligation under this lease does not waive another default of that or any other
obligation.
22. The Lessee may not assign this lease or assign or subcontract any of its obligations
under this lease without the approval of the County's Board of County Commissioners.
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23. All the obligations, liabilities and duties of this lease will extend to and bind, the
legal representatives, successors and assigns of the Lessee and the County.
24. This Lease Agreement has been carefully reviewed by both parties with the advice
of legal counsel. Therefore, it is not to be construed against, or in favor of, any of the parties on
the basis of authorship.
25. All notices provided for in this lease, unless otherwise specified, must be sent by
certified mail, return receipt requested, or by Federal Express, as follows:
TO COUNTY
KWIA Director
3491 S. Roosevelt Blvd.
Key West, FL 33040
TO LESSEE
John M. Spottswood, Jr.
500 Fleming Street
Key West, FL 33040
26. This lease is governed by the laws of the State of Florida and the United States.
Venue for any dispute arising under this lease must be in Monroe County, Florida. In the event of
any litigation, the prevailing party is entitled to a reasonable fair market value attorney fees and
costs. This paragraph will survive the termination of this Lease.
27. The Lessee's shareholders acknowledge that the Lessee is their agent for the
purposes of this Lease with the Lessee having full authority to bind all the shareholders when the
Lessee is acting pursuant to the terms of this Lease.
28.
a)
The Lessee and Lessee's shareholders acknowledge that at all times during
this lease all Project improvements, including hangers, are the property of the County. At the
end of this lease, Lessee and its shareholders will peaceably surrender the Project premises and
return possession to the County.
b) During the term of this lease neither the Lessee nor its shareholders shall
cause, suffer or permit any liens, claims, or other encumbrances to be filed against any Project
property (real or personal) by a creditor or claimant of any of them. If such a lien, claim or other
encumbrance is filed against any Project property, the Lessee, at its expense, must promptly
cause such lien, claim or encumbrance to be canceled and voided.
29. This lease is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This lease cannot be modified or
12
replaced except by another writing signed by the County and Lessee. The approval and
signatures of the Lessee's shareholders are not required for the Lessee and County to amend the
terms and conditions of this lease.
30. The existing hangar leaseholders have granted the Lessee the power of attorney to
bind them to the terms and conditions of this Lease, including the terms and conditions of this
Lease that affect the existing leases of such hangar leaseholders. The power of attorney is
attached to this Lease as Exhibit E and made a part of this Lease. Provided, however, if a
complete Exhibit E is not attached as of April 17, 2002, then the effective date of this lease is
extended until the power of attorney is submitted to the County in a form satisfactory to the
County Attorney.
IN WITNESS WHEREOF, each party has caused this lease to be executed by its duly
authorized representative on the dates written below.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
Date
(SEAL)
ATTEST
KWIA HANGAR ASSOCIATION, INC.
By
Title
Date
By
Title
JdairportKWHangar -
13
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LEASE AGREEMENT
TH IS LEASE is made and entered into on the ~ day of r:-elJ ( 1'41
1992-, by and between the COUNTY OF MONROE, a political subdivision of the
State of Florida, hereinafter referred to as Lessor, party of the first part, and STEPHEN
P. TURCO, hereinafter referred to as Lessee, party of the second part.
IN CONSIDERATION of the mutual covenants,. promises and premises herein
contained, the parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee a
parcel of land at the Key West International Airport, Key West, Monroe County, Florida,
measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (property map)
which is attached hereto and made a part hereof.
2.
TERM.
The above-described premises are leased to the Lessee for
a term of five (5) years commencing October 2, 1994.
3.
RENT.
The Lessee hereby covenants and agrees to pay to the
~
Lessor rent in the sum of Five Hundred Thirty-six Dollars ($536.00) per year, plus sales
'"
tax of Thirty-sevem and 52/100 Dollars ($37.52), for a total rent of Five Hundred
Seventy-three and 52/100 Dollars ($573.52) for the use of said premises during the
term of this lease, said rent to be payable in advance on the first day of each year
during said term.
RECEIVED
=:.
;:.< ~ V n ~:l 1995
'.1 _..). .
AIRPORTS!'
4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with
the Lessee as follows:
A. The Lessee shall have the right to erect a portable aircraft hangar on the
leased premises.
8. The Lessee shall have reasonable ingress, egress and access privileges
to the leased premises.
C. 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.
5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with
the Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by
this lease.
8. That no construction mortgage or lien of any nature will be placed upon
the hangar located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing
~
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airplanes.
airplanes and providing for the care, repair and maintenance of such privately owned
"
D. To pay all utilities, including gas, electricity, water and garbage disposal
charges, if any, as well as all installation charges that may be required for any such
utilities.
.
2
, .
.
E. To make no improper or unlawful or offensive use of said premises, and
to permit the Lessor or its agents to inspect the leased premises at all reasonable times
for the purpose of viewing the condition thereof.
F. The Lessee agrees to hold the Lessor harmless from any liability by
reason of their use of said hangar, including any liability arising out of any accident
insured or caused by their equipment, employees, invitees, guests, personnel and/or
facilities, and will maintain public liability insurance in a reasonable amount sufficient to
protect the Lessor, but not less than $100,000/$300,000.
6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and
between the Lessor and the Lessee as follows:
1. That at the expiration of the term of this lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises, and. remove the aircraft
hangar located thereon; however, in the event the Key West International Airport
should be permanently closed, and the lands therein cease to be used as an airport
during the term of this lease, the Lessee shall retain title to and shall have the right to
remove the hangar located on the leased premises.
2. This lease shall be binding upon the parties hereto, their successors,
executors, administrators and assigns.
~
3. This lease' shall be_ automatically canceled, and the title to the
improvements on the leased premises shall revert to the Lessor should the Lessee fail
to occupy the premises or there is evidence that the premises are abandoned for a
.
3
continuous period of any six (6) months during the term of this lease, 'notwithstanding
anything contained in paragraph 1 herein.
7. SUBLEASE. ASSIGNMENT. Lessee shall have the right during the term
of this lease to sublet said shelter and land leased hereunder to another person, Upon
approval of same by the Lessor, provided said Lessee is not in default of any of the
terms of this lease.
8. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon thirty (30)
days written notice from Lessor, move said shelter from said leased premises if the
land is required to accommodate future airport development or for any other reason as
determined by the FAA and Lessor.
9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be
adjusted annually in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index,
and shall be based upon the annual average C'PI computation from January 1 through
December 31 of the previous year.
10. RENEWAL OPTION.
At the expiration of this lease, Lessee shall
have the option to renew this lease for an additional five (5) year period under the
same terms and conditions, if agreeable to Lessor.
...
11. COMPLIANCE WITH LAWS.
Both parties shall comply with all
federal, state and local laws governing the activities under this lease. Lessee
covenants that he shall maintain and operate and use the premises in compliance with
49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department _
.
4
of Transportation, as said Regulations may be amended. More particularly, lessee
covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the premises; and
b) in the construction of any improvements on the premises .and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or
sex shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
(S EAL)
ATTEST:DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bycr~.}-F~
~YOr/Chairman
BY~ok.!. ~. &f1-..t...
Deputy Clerk
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Witness
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Board of County Commissioners
RESOLUTION NO. 042 -2000
A RESOLUTION APPROVING THE ASSIGNMENT OF AN AIRPLANE HANGAR
LEASE AT KEY WEST INTERNATIONAL AIRPORT FROM J. ROBERT DEAN TO SAM
SAMAHA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1. Pursuant to paragraph 6B of the Lease dated February 22, 1995, by and
between Monroe County (Lessor) and J. Robert Dean (Lessee) for real property for the
construction of a hangar at KWIA, Monroe County hereby consents to the assignment of Mr.
Dean's interest in the Lease to Sam Samaha. A copy of the original February 22, 1995 Lease
together with the Dean/Samaha assignment are attached to this resolution and made a
part of it.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of February, 2000.
yes
yes
yes
yes
yes
L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cS'~-:F~
Mayor/Chairperson
jresivhangar
APPROVED AS TO FORM
AN~~
BY
ROBERT N. W
DATe / - 20 - l'O
AGREEMENT FOR SALE AND ASSIGNMENT
COMES NOW FOb.eR.T Oe;:::uv (hereinafter referred to as "Assignor" and
Sam Samaha (hereinafter referred to as "Assignee") and agree as
follows:
1. The Assignor is the owner of a hangar located at the Key West
International Airport which is located on land being leased from. .
Monroe County, Florida.
2. It is the intent of the Assignor herein to
title and interest in said hanger and lease to
Assignee for the consideration of t42,000.00
assign all its right,
Sam Samaha the
o(J
3. The ic2.r 000 -shall be due at closing in U.S. Funds.
4. It is the intention that both parities will culminate this sale
as soon as practicable and that all necessary steps be taken with
Monroe County for approval of this sale and assignment and by
execution by this letter agreement the parties hereby agree to this
sale and assignment dated this 12th day of January 2000 ; .
.
(ASSIGNOR)
. .
~~
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LEASE AGREEMENT
THIS LEASE is made and entered into on theW day of -.1:J;(lI..M1{ , 1995, by and
between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"Lessor," and J. ROBERT DEAN, hereinafter referred to as "Lessee," whose address is 14 W. Cypress
Terrace, Key West, Florida.
parties hereto agree as follows:
IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the
1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at
feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof.
the Key West International Airport, Key West, Monroe County, Florida, measuring 30 feet in width and 40
years from the date hereof, with the option of three (3) additional five-year extensions.
2. TERM. The above-described premises are leased to the Lessee for a term of five (5)
3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of
Ninety-five and 00/100 Dollars ($95-.00) per month, or One Thousand One Hundred Forty and 00/100
Dollars ($1,140.00) per year, plus sales tax, for the use of said premises during the term of this lease,
said rent to be payable in advance on the 'first day of each month orihe first day of each year,
respectively, during said term. The rental charge for the five (5) years may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPJ) for Wage Earners and
. . .
Clerical Workers in the Miami, Florjdj(, .area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year. Rental charge for any five-year
Lessee places a new hangar or any other new improvements on the leased land, those improvements,
extension shall be determined pursuant to Exhibit B FAA Required Lease Clause No.1, paragraph 2. If
become the property of the Lessor at the end of the lease. If improvements are not new when placed on~
the premises, the age of the improvements shall be established and when that used hangar or other
reaches 20 years of age, both the hangar or other improvement and the underlying land shall be
reappraised. Ten percent (10%) of -fair market value" of the premises with impro,vements becomes the
base rent for the remainder of the lease and option periods.
4.
LESSOR'S COVENANTS.
The Lessor hereby covenants and agrees with the
Lessee as follows:
A. The Lessee shall erect an aircraft hangar on the leased premises within one (1) year of
the beginning date of this lease.
8. The Lessee shall have the right to occupy the aircraft hangar located on the leased
premises.
C. The Lessee shall have reasonable ingress, egress and access privileges to the feased
premises.
D. No commerciaf activity shall be performed on the premises.
E. Maintenance of improvements are the responsibility of Lessee.
F. The Lessee, on keeping the covenants and agreements by him herein contained, shall
have quiet and peaceful enjoyment of the demised premises Y'ithout any intenuptions by the Lessor, or
by any person or persons claiming by, through or under it.
5.
LESSEE'S COVENANTS.
The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this lease.
8. That no construction mortgage or lien of any nat~re will be placed upon the hangar
located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing airplanes and
providing for the care, repair and maintenance of such privately owned ail'Craft.
D. ' To pay all lflilities,1rlcluding gas, electricity, water and garbage disposal charges, if any,
-
as well as all installation charges that may be required for any such utilities.
E. To make no improper or unlawful or offensive use of said premises, and to permit the
Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the
condition thereof.
2
F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims
for bodily injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out
of, in connection with, o~ by reason of services provided by the Lessee or any of its Contractors,
their employees, or agents.
occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s),
contained elsewhere within this agreement.
The extent of liability is in no limited to, reduced, or lessened by the insurance requirements
Prior to commencement of work/occupancy govemed by this agreement, the Lessee shall obtain
General Liability' rnsurance. Coverage shall be maintained throughout the life of this agreement and
included, 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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person"
$300,000 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 011 or after the effective date of this agreement. In addition, the
""
period for which claims may'be reporwd should extend for a minimum of twelve (12) months following
the acceptance of work by the County.
. .
policies issued to satisfy the above requirements.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
6.
MUTUAL COVENANTS.
It is mutually covenanted and agreed by and between
the Lessor and the Lessee as f(lllows:
3
A. That at the expiration of the term of this lease. the Lessee will quietly and peaceably
deliver up possession ofthe ieasedpremises, including the aircrafthangar"Jocated there~>n. "
B. This lease shall be binding upon the parties hereto, their successors, executors,
The premises shall not be sub-let.
writing by Lessor. Any assignment shall extend no longer than the term remaining under this Agreement.
administrators and assigns. Any assignment of this lease shall not become effective until approved in
leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or there is
C. This lease shall be automatically canceled, and the title to the improvements on the
evidence that the premises are abandoned for a continuous period of any six (6) months during the term
of this lease, notwithstanding anything contained in paragraph 1 herein.
D. The Lessor shall, upon thirty (30) days written notice to the Lessee. have the right to
terminate this lease.
7, FUTURE AIRPORT DEVELOPMENT. Lessee shall. upon thirty (30) days written notice
development or for any other reason as determined by the FAA and Lessor.
from Lessor, abandon said leased premises if the land is required to accommodate future airport
8.
COMPLIANCE WITH LAWS.
Both parties shall comply with all federal, state
and local laws governing the activities under this lease. Lessee covenants that he shall maintain and,
operate and use the premises in compliance with 49 CFR. Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation,' as said Regulations "inay be amended. More
particularly, Lessee covenants that:
a) nQ person on. the grounds of race, color. national anglO, or sex shall be excluded from
participation in, denied the benefits of, or be otherwise .suqjected to discrimination in the use of
the premises; and
I I
b) in the construction of any improvements on the premises and the furnishing of services thereon.
no person on the grounds of race, color, national origin, or sex shall be excluded from
partiCipation in, denied the benefits of, or otherwise be subjected to discrimination.
4
which are listed in Exhibit "B,' attached hereto and made a part hereof.
9. FM REQUIREMENTS. The parties shall comply with FM Required Lease Clauses,
day and year first above written.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
(SEAL)
ATTEST; O~NNY L. KOLHAGf!, CLERK
B~C.~xJ~
Deputy Clerk .... _. _.,~ . .
BOARD OF COUNTY COMMISSIONERS
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EXHIBIT "B"
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FAA REQUIRED LEASE CLAUSES
. '.
1. This lease shall be ~ubject to review ~nd re-evaluation
at the end of each.::L 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 ~ month period, or;
Land less improvements ~ill be appraised every 5 years
and the adjusted rental will be based'on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at ~is expense and les~or/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 facilities, (2)
that in the construction of any improvements on, over
or under such land and the !urnishing of services
thereon, no person on the grounds of race, color, ~r
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.TransportaT~on, 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;{~
'if sai~ lea~~ had never been made or issued. The .
provision sh~ll not be effective until the procedures ~
'of Title 49, Code of Federal Regulations, Part 21 are' .....
followed and completed including exercise or expirati~n.
of appeal rights.
It shall be a condition of this lease, that the lessor
reserves unto itself, its successors and assigns, fo~
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,
. "....;:".
5.
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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 operatinq
on the airport.
That the Tenant expressly-agrees for itself, its
Successors and assigns, to Testrict the height of
structures, objects of natural growtn and other
obstructions on the hereinafter described real property
to such a height so as to comply with Federal Aviation
Regulations, Part 77. .
That the Lessee expre~sly agrees for its~lf, 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 ot the airport, or otherwise constitute an
airport hazard.
This lease and all provisions hereof are subject and
subordinate to the terms and conditions ot the
instruments and documents under which the Airport Owner
acquired the subject property from the United States o~
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 hereatter
be adooted by the Airport Owner pertaining to the
Airport.
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 LasBOJ; herein
reserves the right to grant sim..iJ.ar privileges to
another Lessee or other Lessees on other parts of the
airport.
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.~~ THIS IS TO CERTIFY that Ihe Insured sel forth below is allhis dale .insured with the Company(iesJ as indicated under ~~
Policy(ies) described in the following schedule. ."
fW ~~
+t~.~ Named Insured ROBERT VEAN. ~
if:~~ Address of Insured 14We-6.t Cyplte.6.6 TeM.ac.e, KeyWe.6.t, FL 33040 ~
ig~ Company SIGNAL AVIATION f~
v1 Policy Number TBA
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'i:\,\~ EffecliveDate FebltuaJLy 22, 1995 ~"
~-J. Expiralion Date FebltuaJty 22, 1996 f~f
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whose address is
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*i ADDITIONAL AGREEMENTS, . ~
~~ MOn/tOe County .i6 added a.6 an adcLUional. fuUlted 601t Uabi.U:ty wUh lteApec.t :to Mfr
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this J/~h day of
o c.,. +0 b ~ ,A. D. 1989, by and between MONROE COUNTY,
a.political subdivision of the State of Florida, hereinafter
called the LESSOR, party of the first part, and ROCKLAND KEY
INTERNATIONAL, INC., whose address is 417 Eaton Street, Key West,
Monroe County, Florida, hereinafter called the LESSEE, party of
the second part.
WIT N E SSE T H;
THE LESSOR of these presents leases unto said LESSEE a
parcel of land at Key West International Airport, Key West,
Monroe County, Florida, measuring 40 feet in width and 30 feet
in depth, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
THE LESSEE hereby covenants and agrees to pay the LESSOR
rent in the sum of Seven Hundred and 00/100 ($700.00) per year,
plus applicable sales tax, for the use of said premises during
the term of this lease, which said sum shall be payable annual-
ly, in advance.
TO HAVE AND TO HOLD that above described leased premises
unto the LESSEE for a period of twenty (20) years, commencing
November 1, 1989, A.D. through October 31, 2009, A.D. unless
sooner terminated as hereinafter provided.
THE LESSOR hereby covenants and agrees with the LESSEE as
follows:
1. The LESSEE shall have the right to erect a portable
aircraft hanger on the leased premises.
,...,.' .'
2. The LESSEE shall have reasonable ingress,' egress and
access privileges to the leased premises.
3. 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.
The LESSEE hereby covenants and agrees with the LESSOR as
follows:
A. To pay the LESSOR the rent at the times and in the
manner provided for by this Lease.
B. That no construction mortgage or lien of any nature
will be placed upon the hangar located on the leased premises.
c. That the said hangar shall be used only for the pur-
pose of housing airplanes and providing for the care, repair and
maintenance of such privately owned airplanes.
D. To pay all utilities, including gas, electricity,
water and garbage disposal charges, if any, as well as all in-
stallation charges that may be required for any such utilities.
E. To make no improper or unlawful or offensive use of
said premises, and to permit the LESSOR or its agents to inspect
the leased premises at all reasonable times for the purpose of
viewing the condition thereof.
F. LESSEE agrees to make leasehold improvements consist-
ing of, but not limited to, construction of concrete pad, hangar
and asphalt taxiway access. The cost for said improvements
'shall total at least $22,200.00 and shall become the property of
the LESSOR at the termination of lease. All improvements shall
meet all applicable local, state and federal standards and codes
and shall be approved by the airport manager prior to COmmence-
ment of construction.
G. The LESSEE agrees to hold the LESSOR harmless from
any liability by reasons of his use of said hangar, including
any liability arising out of any accident incurred or caused
by his equipment, employees, invitees, guest, personnel and/or
facilities, and will maintain public liability insurance in a
reasonable amount sufficient to protect the LESSOR, but not less
than $100,000/$300,000.
H. In the event the LESSEE fails to pay any rental for
said premises upon the terms named, such failure shall be a
default of this lease. LESSOR may, at its option, immediately
or at any time thereafter, enter into and upon the premises
hereby leased or any part thereof and in the name of the whole,
and repossess the same of LESSOR'S former estate, and expel
LESSEE and those claiming by, through or under it, and remove
its effects, forcibly if necessary, without being deemed guilty
of trespass and without prejudice to any remedy which otherwise
might be used for arrears of rent or preceding breach of cove-
nant; on the re-entry aforesaid, this Lease shall terminate.
Further, if LESSEE fails to perform any of the other covenants
of this Lease and such default shall continue for fifteen (15)
days after notice thereof is given in writing by the LESSEE, or
failure to correct any violation shall continue for fifteen (15)
days after notice thereof is given in writing by the LESSOR, or
its agents or attorneys to said LESSEE, the LESSOR may, at its
option, forthwith declare this Lease forfeited, and may immedi-
ately re-enter and repossess said leased property, and any of
the rents prepaid hereunder shall be forfeited by the LESSEE,
and in no way shall effect the collection of any other damages
which may be due the LESSOR as a result of said defaults. In
the event LESSOR is obligated to participate in any court
proceeding 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 or Circuit
Court having competent jurisdiction shall determine as a reason-
able attorney's fee. LESSOR shall keep the Airport free of
obstructions, including the clearing and removal of grass,
stones, or other foreign matter, as reasonably necessary and
with reasonable promptness, from the runway, taxiway and loading
area, and immediately adjacent to such runways, taxiway and load-
ing areas for the safe, convenient and proper use of the Airport
by LESSEE, and shall maintain and operate the Airport in all
respects in a manner at least equal to the highest standards or
ratings issued by the Federal Aviation Administration.
It is mutually covenanted and agreed by and between the
LESSOR and LESSEE as follows;
1. That at the expiration of the term of this lease, the
LESSEE shall quietly and peaceable deliver up possession of the
leased premises, and that upon termination of said lease, title
to all improvements and hangar placed upon leased premises shall
become property of LESSOR.
2. LESSEE shall have first right of refusal of renewal
of said lease at such time as lease has expired, provided LESSEE
notifies LESSOR in writing of desire to negotiate renewal of
said lease not less than thirty (30) days in advance of expira-
tion date indicated.
3. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
4. This lease shall be automatically cancelled, and the
title to the improvements and hangar on the leased premises
shall revert to the LESSOR, should the LESSEE fail to occupy or
evidence that the premises are not abandoned for a continuous
period of any six (6) months during the term of this lease, not-
'withstanding anything contained in paragraph 1 herein.
5. LESSEE shall have the right during the term of this
lease to sublet said shelter and land leased hereunder to anoth-
er person, upon approval of said by the LESSOR, provided said
LESSEE is not in default of any of the terms of this lease.
6. LESSEE shall, upon thirty (30) days written notice
from LESSOR, move said shelter from said leased premises if the
land is required to accommodate future airport development or
for any other reason as determined by the FAA or LESSOR.
IN WITNESS THEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of 'the second part has signed these presents, in duplicate, all
as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
.If f "',,1/
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F'-/I<I'~w".~.~v ./Vi...~"
Mayor/Chairman
(SEAL)
DANNY L. EO:sIltI.GZ, 91erk
Attest: ". "
~~~.e
Clerk
Signed, Sealed and Delivered
ROCKLAND KEY
in our Presence:
INTERNATIONAL, INC.
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By Ih IJ /l.,-
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,c'Vn I.Er"AL St.JR~;
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LEASE RENEWAL AGREEMENT
This lease renewal agreement is entered into on the --.!-. 't;/ day of
{~T (, 1999, by and between Monroe County, a political subdivision of the State
of Florida (Lessor). and Peter Norquoy (Lessee).
In consideration of the mutual consideration and ber;efits described below, the
/
parties agree as follows:
1. The original lease agreement between the parties entered into February
22, 1995, and attached and incorporated to this renewal as Exhibit A, is hereby
renewed for an addition period of five years beginning on October 2, 1999, and ending
on October 1. 2004.
2. Except as described in paragraph one of this lease renewal agreement,
in all other respects the terms and conditions of the original lease agreement remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~C.. ~~~
.I
Deputy Clerk
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rquoy
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jleoserenew
B
EXHIBIT lA'
ORIGINAL LEASE AGREEMENT
LEASE AGREEMENT
THIS LEASE is made and entered into on theJirl day of ~,
199~, by and between the COUNTY OF M.ONROE, a P9/i.tical subdivision of the
State of Florida, hereinafter r~ferred to as Lessor, party of the first part, and PETER
.
/
NORQUOY, hereinafter referred to as Lessee, party of the second part.
IN CONSIDERATION of the f!lut~al covenants, promises and premises herein
. . .
contained, the parties hereto agree as follows:
I
1. PREMISES. The Lessor of these presents leases unto the Lessee a
parcel of land af the Key West International Airport, Key West, Monroe County, Florida,
measuring 40 feel in width and 30 feet in depth, as shown on Exhibit A (property map)
which is attached hereto and made a part hereof.
2.
TERM.
The above-described premises are leased to the Lessee for
a term of five (5) years commencing October 2, 1994.
3.
RENT.
The Lessee hereby covenants and agrees to pay to the
Lessor rent in fhe sum of Five Hundred Twenty and 87/100 Dollars ($520.87) per year,
plus sales tax of Thirty-six and 46/100 Dollars ($36.46), for a lolal rent of Five Hundred
Fifty-seven and 33/100 Dollars ($557.33) for the use of said premises during Ihe term
of this lease, said rent to be payable in advance on the first day of each year during
said term.
4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with
the Lessee as follows:
A. The Lessee shall have the right to erect a portable aircraft hangar on the
leased premises.
8. The Lessee shall have reasonable Lngress, egress and access priVileges
to the leased premises.
I
C. The Lessee, on keeping the covenants and agreements by him herein
contained, shall have quiet and peaceful enjoyment of the demised premises without
..
any interruptio'ns by the Lessor, or by any person or persons claiming by, through or
under it.
5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with
the Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by
this lease.
8. That no construction mortgage or lien of any nature will be placed upon
the hangar located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing
airplanes and providing for the care, repair and maintenance of such privately owned
airplanes.
D. To pay all utilities, including gas, electricity, water and garbage disposal
charges, if any, as well as all'installation charges thai may be required for any such
utilities.
..
E. To make no improper or unlawful or offensive use of said premises, and
to permit the Lessor or its agents to inspect the leased premises at all reasonable times
for the purpose of viewing the condition thereof.
F. The Lessee agrees to hold the Lessor harmless from any liability by
reason of their use of said hangar, including al'2Y liability arising out of any accident
insured or caused by their equipment, employees; invitees, guests, personnel and/or
facilities, and will maintain public liability insurance in a reasonable amount sufficient to
protect the Lessor, but not less than $100,000/$300,000.
6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and
between the Lessor and the Lessee as follows:
1. That at the expiration of the term of this lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises, and remove the aircraft
hangar located thereon; however, in the event the Key West International Airport
should be permanently closed, and the lands therein cease to be used as an airport
during the term of this lease, the Lessee shall retain title to and shall have the right to
remove the hangar located on the leased premises.
2. This lease shall be binding upon the parties heret.o, their successors,
executors, administrators and assigns.
-'
3. This lease shall be automatically canceled, and the title to the
improvements on the leased premises shall revert to the Lessor should the Lessee fail
to occupy the premises or there is evidence that the premises are abandoned for a
.
continuous period of any six (6) months during the term of this lease, notwithstanding
anything contained in paragraph 1 herein.
7. SUBLEASE. ASSIGNMENT. Lessee shall have the right during the term
of this lease to sublet said shelter and land leased hereunder to another person, upon
approval of same by the Lessor, provided said Lessee is not in default of any of the
terms of this lease.
I
"
8. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon, thirty (30)
days written notice from Lessor, move said shelter from said leased premises if the
land is required to accommodate future airport development or for any other reason as
determined by the FAA and Lessor.
9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be
adjusted annually in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index,
and shall be based upon the annual average CPI computation from January 1 through
December 31 of the previous year.
10. RENEWAL OPTION.
At the expiration of this lease, Lessee shall
~ave the option to renew this lease for an additional five (5) year period under the
same terms and conditions, if agreeable to Lessor.
11. COMPLIANCE WITH LAWS.
Both' parties shall comply with all
federal, state and local laws governing the activities under this lease. Lessee
covenants that he shall maintain and operate and use the premises in compliance with
49 CFR, Part 21. Nondiscrimination in Federally Assisted Programs of the Department
..
4
of Transportation, as said Regulations may be amended. More particularly, Lessee
covenants that:
a) no person on the grounds of race, color, national origin, or sex shall-be excluded
from participation in, denied the benefits of, or be otherwise- subjected to
discrimination in the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the ground~ of race, color, national origin, or
sex shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above Written.
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
BLtv,a'.u"iJ4'~M<)
Deputy lerk
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Witness
bl AI R1norquoy. doc
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~L'~-F~
May hairman
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LEASE AGREEMENT
THIS LEASE is made and entered into on the \0+1'" day of --JA 1'\JAt!.,(y I
199~, by and between the COUNTY OF MONROE, a political subdivision of the
State of Florida, hereinafter referred to as Lessor, party of the first part, and ROBIN
LOCKWOOD, JOHN LOCKWOOD and HARRY WOOLLEY, hereinafter referred to as
Lessees, party of the second part.
IN CONSIDERATION of the mutual covenants, promises and premises herein
contained, the parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessees a
parcel of land at the Key West International Airport, Key West, Monroe County, Florida,
measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (property map)
which is attached hereto and made a part hereof.
2.
TERM.
The above-described premises are leased to the Lessees
for a term of five (5) years commencing November 27, 1994.
.
3.
RENT.
The Lessees hereby covenant and agree to pay to the
.
Lessor rent in the sum of Five HUAdred Twenty-one and 39/100 Dollars ($521.39) per
year, plus applicable sales tax, for the use of said premises during the term of this
lease, said rent to be payable in advance on the first day of each year during said term.
4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with-
the Lessees as follows:
A. The Lessees shall have the right to erect a portable aircraft h'angar on the
leased premises.
B. The Lessees shall have reasonable ingress, egress and access privileges
to the leased premises.
C. The Lessees, on keeping the covenants and agreements by them 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.
5. LESSEES' COVENANTS. The Lessees hereby covenant and agree with
the Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by
this lease.
B. That no construction mortgage or lien of any nature will be placed upon
the hangar located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing
airplanes and providing for the care, repair and maintenance of such privately owned
airplanes. ,
D. To pay all utilities, including gas, electricity, water and garbage disposal
charges, if any, as well as all installation charges that may be required for any such
utilities.
.
2
. ..
E. To make no improper or unlawful or offensive use of said premises, and
to permit the Lessor or its agents to inspect the leased premises at all reasonable times
for the purpose of viewing the condition thereof.
F. The Lessees agree to hold the Lessor harmless from any liability by
reason of their use of said hangar, including any liability arising out of any accident
insured or caused by their equipment, employees, invitees, guests, personnel and/or
facilities, and will maintain public liability insurance in a reasonable amount sufficient to
protect the Lessor, but not less than $100,000/$300,000.
6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and
between the Lessor and the Lessees as follows:
.
1. That at the expiration of the term of this. lease, the Lessees will quietly
and peaceably deliver up possession of the leased premises, and remove the aircraft
hangar located thereon; however, in the event the Key West International Airport
should be permanently closed, and the lands therein cease to be used as an airport
during the term of this lease, the Lessees shall retain title to and shall have the right to
remove the hangar located on the leased premises.
2. . This lease shall be binding upon the parties hereto, their successors,
executors, administrators and assigns.
.
3. This lease shall -be automatically canceled, and the title to the
improvements on the leased premises shall revert to the Lessor should the Lessees fail
to occupy the premises or there is evidence that the premises are abandoned for a
.
3
...
continuous period of any six (6) months during the term of this lease, notwithstanding
anything contained in paragraph 1 herein.
7. SUBLEASE. ASSIGNMENT. Lessees shall have the right during the term
of this lease to sublet said shelter and land leased hereunder to another person, upon
approval of same by the Lessor, provided said Lessees are not in default of any of the
terms of this lease.
8. FUTURE AIRPORT DEVELOPMENT. Lessees shall, upon thirty (30)
days written notice from Lessor, move said shelter from said leased premises if the
land is required to accommodate future airport development or for any other reason as
determined by the FAA and Lessor.
9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be
adjusted annually in accordance with the percentage change in the Consumer Price
Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index,
and shall be based upon the annual average CPI computation from January 1 through
December 31 of the previous year.
10. RENEWAL OPTION.
At the expiration of this lease, Lessees shall
have the ,option to renew this lease for an additional five (5) year period under the
same terms and conditions, if agreeable to Lessor.
.
11. COMPLlANCEWITI-f LAWS.
Both parties shall comply with all
federal, state and local laws governing the activities under this lease. Lessees
covenant that they shall maintain and operate and use the premises in compliance with
49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department ~
.
4
...
of Transportation, as said Regulations may be amended. More particularly, Lessees'
covenant that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or
sex shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
(SEAL)
ATTEST:DANNYL.KOLHAGE,CLERK
By .f?..u.dJ~fi1)
. Deput lerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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LEASE AGREEMENT ,
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THIS AGREEMENT is made and entered into this ~ day of ,A eR.. (L
1999, by an between the COUNTY OF MONROE, a political subdivision of the State of Florida,
,
hereinafter called the'Lessor. by and through its Board of County Commissioners, and SK II.
INC.. a Florida corporation, whose address is 600 Front Street - Suite B7, Key West, Florida.
hereinafter called the Lessee.
WIT N E SSE T H:
I. That the Lessor of those presents leases unto said Lessee a parcel of land at the
Key West International Airport. Key West. Monroe County. Florida. measuring 40 feet in width
and 45 feet n depth. as shown on Exhibit A (property map) which is attached hereto and
made a part hereof, together with all improvements (including an aircraft hangar) located
don these premises.
II. The term of this lease is five (5) years from the date hereof.
III. The Lessee hereby covenants and agrees to pay the Lessor rent in the sum of
One Hundred Eighty and 86/100 Dollars ($180.86) per month. plus applicable sales tax. for the
use of said premises during the term of this lease. said rent to be payable in advance on the
first day of each month during said term. The rental charge is subject to an annual increase
,
equal to the percent of the increase of the c.p.i. for the previous year or to change under a
new Rates and Charges Study conducted for. and approved by. Lessor.
- I
IV. The Lessor hereby covenants and agrees that the Lessee as follows:
1 . The Lessee shall have the right to occupy the aircraft hangar located on the
leased premises.
2. The Lessee shall hove reasonable ingress egress and access privileges 10 the
leased premises.
3. 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 a person or persons claiming by, through or under it.
The lessee hereby covenants and agrees with the Lessor as follows:
'.
A. To pay the Lessor the rent at the times and in the manner provided for
by the lease
B. That no construction mortgage or lien of any nature will be placed upon
the hangar located on the leased premises.
C.' .That the said hangar shall be used only for the purpose of housing
airplanes and providing for the care, repair and maintenance of such privately owned
airplanes.
D. To pay all utilities, including gas, electricity, water, sewer and garbage
disposal charges, if any, as well as all installation charges that may be required for any such
utilities.
E. To make no improper or unlawful or offensive use of said premises, and
to permit the Lessor or it agents to inspect the leased premises at all reasonable times for the
purpose of viewing the condition thereof.
'f. The Lessee covenants and agrees to indemnify and hold harmless Lessor
harmless from any, ands all claims for bodily injury (including death), personal injury, and
property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) w,hich arise out of, in connection with, or
by reason of services provided by the Lessee or any of its Contractors, occasioned by the
negligence, errors, or wrongful act or omission of the Lessee or its Contractor(s), their-
employees, or agents.
2
The extent of liability is in no way limited to. reduced. or lessened by the
insurance requirements contained elsewhere within this agreement.
Prior to the occupation of the premises. the Lessee must have in force and
effect the insurance described in Exhibit C and keep such insurance in force and effect
during the term of this lease. Exhibit C is attached to this lease agreement and incorporated
by reference.
G. The premises leased hereunder may not be sublet and this lease may
not be assigned without the written consent of the Lessor.
V. It is .ml!tually covenanted and agreed by and between the lessee and the
Lessor as follows:
1. That at the expiration of the term of this lease. the Lessee will quietly and
peaceably deliver up possession of the leased premises.
2. This lease shall be binding upon the parties hereto. their successors. executors.
administrators and assigns.
3. This lease shall be automatically canceled. and the title to the improvements
on the leased premises shall revert to the Lessor, should the Lessee fail to occupy or
evidence that the premises are abandoned for a continuous period of any six (6) months
during the term of this lease.
4. lessee shall, upon thirty (30) days written notice from lessor, abandon said
hangar if the land is required to accommodate future airport development or for any other
reason as determined by the FAA and/or Lessor.
5. The Lessor shall, upon thirty (30) days written notice to the Lessee. have the right
to terminate this lease.
3
6. The Lessee further agrees to abide by the FAA mandated lease conditions and
terms attached as Exhibit -B and incorporated into this Agreement.
IN WITNESS WHEREOF. the party of the first part has caused these presents to be
executed in its nam~: an the party of the second part has signed these presents, In
duplicate, all as of the ~Iay_ and year first above written.
.~C-~..
(SEAL) . __. ..~_ .
ATTEST: DANNY L. KOLHA . .~i;1~E13.-K-
B~~C.;J1vYi~
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Deputy Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By ~':T -~ .
Mayor/Chairman
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SK II, INC.
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EXHIBIT 'B'
FAA REQUIRED LEASE CLAUSES
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RECEIVED
DEe ~ 3 1993
AiRPORTS} OMS
~AA REQUIRED L~E CLAUBEB
1.
This lease shall be subject to review and re-evaluation
at the end of each ~ year period, by the airport
ownRr and the rent may be adjusted accordinq to their
action, not to ~~ceed the Consumer Price Index rate
durinq the last .J- month period, or;
. .,
.,
Land lQ~~ improvements will ba Hppraised every 5 yeara
and thg adju~ted rental vill be b~sad on normally 10-12
porcont of appraisGd value. It dicputQd, lessor
ob~in~ appraical at his oxponsG and lQ~sor/lessee
equally ahnre expenso for review appraical that
cGtablishea fair market v~luo.
2. The tenant for himself, hi~ personnl repreacntatives,
~uc~e~sors in interest, and assign~, ao a p~rt of tho
.consideratlon hereo!, ~oes hereby coven~nt and agree
'that (1) no person on the y-ruulluS of race, color, or
national origin shall be excluded [rum ~drticipation
in, denied the benerits ot, or be otherwl~~ subjected
to discrimination in the use ot said !aoilitle~, (2)
that in the construction ot any improvements on, over
or under such land 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,
Orfice of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of
Tr3n~port~t{on-Effactuation of Title VI of the civil
Rights Act of 1964, ~nd 8G said Requlations may be
amgndgd.
:so
That in the avant of brgach of any of the aboVQ
nondi~crimination covenants, Airport OvnQr ~hall have
the right to terminate the lease and to ra-gntor and as
if 5~id lea5e had nevor boen made or iocucd. Tho
provision shall not be effective until tho prooedur~G
of Title 49, _Code of Federal Regulation5, P~rt 21 are
[ulluw~u eUlU completed including exercise or expirntion
or appeal rlghl~.
It Shall be a condition or this l~t:1l:)e, Wall. Lhe le550r
reserves unto itselr, its successors and assigns, for
the use and benefit ot the pUblic, a right or rliqht
for the passage of aircraft in the ~irspace above the
surface of the real property hereinarter de5cribe~,
tooEthcr with the right to cause in said airspace 5Ucn
noIse as may be inherent in the operation of aircraft,
now known or hereatter used, tor navigation ot or
flight in the said airspace, and tor use or said
airspace for landing on, taking off from or operat1nq
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 described real property
to such a hQight so as to comply with Federal Aviation
Regulations, Part 77.
That thQ LQGGQQ ~xprQK~ly agrggg for itgelf, its
cuooaccorc and acsiqns, to prevent any use of tha
herein~fter described real property which would
interfere with or ndversely affoct tho opor~tion or
maintcn~nce of the airport, or othcrwioo conotituto an
~ irport hcu: I1rd.
4. This lease and all provisions hereof are ~ubject and
tiulJo:nl1nti te Lo Lhe terms and concli tions ot. the
instruments and documents under which the Ai.t:port Owner
acquired the subject property rrom ~he UnIted 5L~l~9 or
America and snall be given only such e!!ect as ~ill not
conflict or be inconsistent with the terms and
conditions contained in the lease of said lands !ro~
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
iC-cv:I: A Airport.
5. Notwithstandinq 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
YQSQYVQS the right to grant similar priVileges to
another LessF.'ie or other I,p.~~p.p.~ on nt.hp.r p" rts of the
. aIrport_
'. RECEIVED
DEe 23 1993
AIRPORTS I OMS
/:
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GE;\'ERAL LIABILITY
INSU~~CE REQUIREMENTS
. FOR
CONTRACT
BET\VEEN : .:0. i,
MONROE COUNTY, FLORIDA
'- AND
_. '-
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:
S300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
S300,000 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 reponed should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
'.
GLl
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11)9(, Ldili<1I1
ALL RISK Pf{OP"ERTY
INSURANCE REQUIREiVIENTS
. FOR
LEASESIRENT ALS OF
COUNTY-OWNED PROPERTY
BET\VEEN
MONROE COUNTY, FLORIDA
AND
'.
Prior to the OrganizationlIndividual taking possession of the property governed by this
lease/rental agreement, the OrganizationlIndividual shall obtain All Risk Property Insurance (to
include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the
property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental
Agreement and include, as a minimum, liability coverage for: . ,
Fire
Sprinkler Leakage
Windstorm
Civil Commotion
Lightning
Sinkhole Collapse
Smoke
Aircraft and Vehicle Damage
Vandalism
Falling Objects
Explosion
Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Admin:::tratiOIl Instruction
#4709.3
29
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::L:arrif/l - (/ :../Ve~t/ 5 ~dOCUzCef
PETER O'NEILL . DAVID RrGG
P.O. BOX 349 . MOUNT VERNON. OHIO 43050
TELEPHONE 704()-397~737 . TOll FREE 800-752-9705 . FAX 740-392-0752
CERTIFICATE OF INSURANCE
Descriptive Schedule:
Named Insured
Address of Insured
Insurance Company
Policy Number
Effective Date
Expiration Date
: SK II, INC.
: 600 FRONT STREET, SUITE B7, KEY WEST, FL 33040
: ,.PHOENIX AVIATION
AV 5113802
AUGUST 01, 1998
AUGUST 01, 1999
AIRCRAFT COVERAGE:
1978 BEECH 58, N415PC
LIMIT OF LIABILITY - $2,000,000. COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE
LIABILITY INCLUDING PASSENGERS EACH OCCURRENCE.
SPECIAL PROVISIONS: THIS CERTIFICATE EVIDENCES THAT THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS IS ADDED AS AN ADDITIONAL INSURED.
This Certificate is issued to: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O MONROE COUNTY RISK MANAGEMENT
5100 COLLEGE ROAD
KEY WEST, FL 33040
ATTN: MARIA DEL RIO
WITH WHOM THE ABOVE MENTIONED INSURANCE COMPANY AGREES TO NOTIFY 10 DAYS PRIOR TO
DATE OF CANCELLATION IF POLICY SHOULD BE CANCELED BUT PARRISH-O'NEILL &: ASSOCIATES SHALL
NOT BE LIABLE IN ANY WAY FOR FAILURE TO GIVE SUCH NOTICE.
Date: OCTOBER 7, 1998
&: ASSOCIATES
tcm
Representative '
.
OHIO MANDATORY WARNING: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS
FACILITATING A FRAUD AGAINST AN INSURER, SUBMITS AN APPL~CATION OR FILES A CLAIM
CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD.
cc: PHOENIX
Insured
File
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DUE
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LEASE AGREEMENT
THIS LEASE is made and entered into on the , firn day of M;:!y
, 1995, by
and between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter
referred to as "Lessor," and ISLAND CITY FLYING SERVICE, hereinafter referred to as
"Lessee," whose address is 3471 South Roosevelt Boulevard, Key West, Florida.
IN CONSIDERATION of the mutual covenants, . promises and premises herein
contained, the parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of
land at the Key West International Airport, Key West, Monroe County, Florida, measuring 60
feet in width and 50 feet in depth, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
2.
TERM.
The above-described premises are leased to the Lessee for a
term of twenty (20) years from the date hereof.
3.
RENT.
The Lessee hereby covenants and agrees to pay to the Lessor
rent in the sum of One Hundred thirteen and 56/100 ($113.56) per month or One Thousand
.
Three Hundred Sixty-two and~72/100 Dollars ($1,362.72) per year, plus applicable sales tax,
for the use of said premises during the term of this lease, said rent to be payable in advance
on the first day of each month or the first day of each year, respectively during said term.
The rental charge for the first ten years may be adjusted annually in accordance with
the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical
Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year. At the end of the first
ten years, the amount of rent shall be calculated, on an annual basis, at ten percent (10%) of
the appraised value of the land and hangar. Rent shall be paid in advance on a monthly or
annual basis, to be determined by Lessee.
4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the
Lessee as follows:
A. The Lessee shall have the right to occupy the aircraft hangar located on the
leased premises.
B. The Lessee shall have reasonable ingress, egress and access privileges to the
leased premises.
C. 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.
D. Maintenance of the leased premises and any improvements are the
responsibility of Lessee.
5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this
lease.
B. That no constNction mortgage or lien of any nature will be placed upon the
hangar located on the leased premises.
C. Any commercial activity shall be conducted in strict compliance with the
Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators.
D. To pay all utilities, including gas, electricity, water and garbage disposal
charges, if any, as well as all installation charges that may be required for any such utilities.
2
E. To make no improper or unlawful or offensive use of said premises, and to
permit the Lessor or its agents to inspect the leased premises at all reasonable times for the
purpose of viewing the condition thereof.
F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services provided by the
-,
Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or
omission of the Lessee or its Contractor(s), their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
Prior to commencement of work/occupancy governed by this agreement, the Lessee
shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of
this agreement and included, 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:
$1,OOO,qoO 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
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
3
agreement. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Lessee shall also obtain and maintain throughout the life of this agreement those
insurance coverages and amounts as shown in the Insurance Schedules marked Exhibit C,
attached hereto and made a part hereof.
6.
MUTUAL COVENANTS.
It is mutually covenanted and agreed by and
between the Lessor and the Lessee as follows:
A. That at the expiration of the term of this lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises.
B. This lease shall be binding upon the parties hereto, their successors, executors,
administrators and assigns. Any assignment of this lease shall not become effective until
approved in writing by Lessor. Any assignment shall extend no longer than the term remaining
under this Agreement. The premises shall not be sub-let.
C. This lease shall be automatically canceled, and the title to the improvements on
the leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or
there is evidence that the premises are abandoned for a continuous period of any six (6)
months during the term of t~is lease, notwithstanding anything contained in paragraph 1
herein.
D. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said
hangar if the land is required to accommodate future airport development or for any other
reason as determined by the FAA and/or Lessor.
4
E. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the
right to terminate this lease.
7.
COMPLIANCE WITH LAWS.
80th parties shall comply with all federal,
state and local laws governing the activities under this lease. Lessee covenants that he shall
maintain and operate and use the premises in compliance with 49 CFR, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said
Regulations may be amended. More particularly, Lessee covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded from
participation in, denied the benefits of, or be otherw.ise subjected to discrimination in
the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of services
thereon, no person on the grounds of race, color, national origin, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
8.
FAA REQUIREMENTS.
The parties shall comply with FAA Required Lease
Clauses, which are listed in Exhibit "8," attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
(SEAL)
ATTEST: OANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By .6'3:c:tj, 1?tA.Jj~~ O"i)f-\)
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~ Witness
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EXHIBIT "B"
4"
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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 ~ month period, or;
Land less improvements ~ill be appraised every 5 years
and the adjusted rental will be based'on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at ~is expense and les~or/lessee
equally share expense lor review appraisal' that
establishes lair market value.
2.
The tenant lor 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 facilities, (2)
that in the construction of any improvements on, ovar
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, (J) 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 ofTransporta~~on, 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 ~e 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;\"~
if said lease Pad 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 lSuch
noise as may be inherent in the operation of aircraft,
. -
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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 ~estrict the height of
structures, objects of natural growtn and other
obstructions on the hereinafter described real property
to such a height so as to comply with Federal Aviation..
Regulations, Part 77. .
That the Le~see exprE~sly agrees for its~lf, 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 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 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 adonted by. the Airport Owner pertaining to the
ICUJI Airport. -
--
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 Lassor herein
reserves the right to grant s~ar privi1egas to
another Lessee or other Lessees on other parts of the
airport. ~
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A",iI22. 199.1
Ill( I'rinting
r
"
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
In:T\VEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work govemed by this contract, the Co~1tractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the lite of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Wanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shail be:
$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
An Occurrence Fonn 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 extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Ooard of County Commissioners shall be named as Additional Insured on all
policies issued (0 satisfy the above requirements.
.
~
.....
Adminis(nuivc Imtl1lc1ion
1i4709. t
GL3
'if,
^",il 22. 199.1
1 sl I'rinting
-
AIRPORT LIABILITY
AND
IIANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
"
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Rccognizing that thc work governed by this contract involvcs the repair, servicing, maintenance, \
fueling, or storage of aircraft, the Contractor will be required to purchase and maintain,
throughout the life oCthe contract, Airport Liability and rlal1garkeepcrs Legal Liability Insurance
naming the Monore County Board oCCounty Commissioners as Additional Insured.
The minimum Jimits of liability shall be $500,000.
'-
.
~
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Mminj~ralivc: ImlIU<.1ion
',(709.1
lIKL2
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lid l'rinlinC
~
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VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BETWEEN
MONROE COUN1Y, FLOIUI>A
AND
Recognizing that the work governed by this contract requires the use of vchiclcs, the Contractor,
prior to the commcncemcnt of work, shall obtnin Vehicle Liability Insurance. Covcrage shall be
maintaincd throughout the life ofthc contract and includc, as a minimum, liability coverage for:
· Owned, Non-Owned, and I lired Vchicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
I f split limits are provided, thc minimum limits acccptablc shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additionallnsurcd on all
policies issued to satisfy the above requirements.
~
AdminisUlllive "~1ioa
11470?.
VLJ
77
^I'ril ll. 1')<).1
I~ l"rinlinr.
(
-
WORKERS' COMPENSATION
INSURANCE nEQUIREMI~NTS
FOR
.....
CONTRACT
GETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shaff obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
I n addition, the Contract or shall obtain Employers' Liability I nsu ranee wi lh limits of not less than:
$1,000,000 Bodily Injury by Accident
$/ ,000,000 Bodily Ir~ury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, cach employec
,.
Coverage shall be maintained throughout the entire tcrm of thc contract.
Coverage shall be provided by a company or companies authorized to Iransact business in Ihe
sUlle of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by the A.M. Best Company.
Ifthe Conlractor has heen approved by the Florida's Department of Labor. as an authori7-Cd self-
insurer, the County shall recognize and honor the Contractor's Slatus. 111e Contractor may be
required to submit a LeUer of Authorization issued by the Department of Labor and a Certificate
oflnsurancc, providing details on the Contractor's Exccss Insurance Program.
'-
If the Contractor participates in a self-insurance fimd, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
~
'-
Acflllinistralive JnstlUClion
1-4709.1
we3
Xl
,
*.1
LEASE EXTENSION AGREEMENT
THIS LEASE EXTENSION AGREEMENT is entered into by and between Monroe County,
a political subdivision of the State of Florida (hereafter Lessor) and Island City Flying Service
(hereafter Lessee), whose address is 3471 South Roosevelt Blvd., Key West, FL 33040.
WHEREAS, on February 22, 1995, the parties entered into a lease for a 60' x 60' parcel
of land at Key West International Airport, hereafter the original lease, a copy of which is
attached to this lease extension and made a part of it;
WHEREAS, the original lease had a five year term but the parties desire to extend the
original lease for an additional five year term; now, therefore,
IN CONSIDERA TION of the mutual covenants and promises set forth below, the parties
agree as follows:
1. Paragraph 2 of the original lease is amended to read:
2. TERM. The above-described premises are leased to the Lessee for
a term of five (5) years beginning on February 22, 2000.
2. Paragraph 3 of the original lease is amended to read:
3. RENT. The Lessee hereby covenants and agrees to pay to the
Lessor rent in the sum of Seven Hun~ed Fifty-four and 69/100 Dollars
($754.69) per mO!"th, plus applicable sales tax, for"the use of said premises _
during the term of this lease, said rent to be-'pc;ty<;lble in advance on the
first day of each month during said term.
The rent amount agreed to .l1erein might be adjusted annually in
accordance with the percentage change in the Consumer Price Index for all
urban consumers (CPI-V) for the most recent 12 months available.
3. In all other respects the terms and conditions of the original lease remain in full
force and effect.
,
.7 A? 1J4'
IN WITNESS WHEREOF, the parties hereto have set their hands and s.eals this ~'
~ouJ\t
I 2000.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
'!r..b ye.-,e Kf-.-(s~.sf
OMayor / Chairperson
( (~itnesses
By
Title
jdleaseicfs
LEASE AGREEMENT
THIS LEASE is made and entered into on the .,Q N,~ day of Fc.h Utl( Y , 1995, by
and between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter
.
referred to as "Lessor,. and ISLAND CITY FLYING SERVICE, hereinafter referred to as
.Lessee,. whose address is 3471 South Roosevelt Boulevard, j.<.ey West, Florida.
IN CONSIDERATION of the mutual covenants, promises and premises herein
contained, the parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of
land at the Key West International Airport, Key West, Monroe County, Florida, measuring 60
feet in width and 60 feet in depth, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof, together with all improvements (including a 51' x 52' aircraft
hangar) located on these premises.
2.
TERM.
The above-described premises are leased to the Lessee for a
tenn of five (5) years from the date hereof.
3.
RENT.
The Lessee hereby covenants and agrees to pay to the Lessor
rent in the' sum of Six Hundred Fifty-one and 00/100 Dollars ($651.00) per month, plus
applicable sales tax, for U,e ,use of said premises during the term of this lease, said rent te t1~ .
payable in advance on the first day of each month during said term.
The rent amount agreed to herein may be adjusted annually in accordance with the
percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Work~
in the Miami, Florida, area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year.
4.
LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the
-
Lessee as follows:
A. The Lessee shall have the right to occupy the aircraft hangar located on the
leased premises.
8. The Lessee shall have reasonable ingress, egress and access Privileges to the
.
leased premises.
C. 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
D. Maintenance of the leased premises and improvements are the responsibility of
Lessee.
5. LESSEE'S COVENANT~ The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this
lease.
8.
That no construction mortgage or lien of any nature will be placed upon the
hangar located on the leased premises.
C. Any commercial activity shall be conducted in strict compliance with the
Minimum Standards for Commercial Aeronautical Activities by Fixed 8ase Operatom,
D. To pay. all utilities, inclUding gas, electricity, water and garbage disPClS:lI _'
-
charges, if any. as well as all installation charges that may be required for any such utilities.
e. To make no improper or unlawful or Offensive use of said premises, and to
pennit the Lessor or its agents to inspect the leased premises at all reasonable times for the ~
purpose of viewing the condition thereof.
2
F. The Lessee agrees to indemnify and hold the Lessor hannless from any and all
claims for bOdily injury (including death), personal injury, and property damage [including
property owned by Monroe County) arid any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection With, or by reason of services provided by the
Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or
omission of the Lessee or its Contractor(S), their employees, or agents.
The extent of liability is in no limited to, reduced, or lessened by the insurance
f.
requirements contained elsewhere Within this agreement
Prior to commencement of Wori<loCCUpancy gOVerned by this agreement the Lessee
shall obtain General Uability Insurance. Coverage shall be maintained throughout the life of
this agreement and inClUded, as a minimum:
The minimum limits acceptable shall be:
Premises Operations
PrOdUcts and Completed Operations
Blanket Contract~al Uability
Personal Injury Uability
Expanded Definition of Property Damage
If split limits are provided, the minimum limits aCCeptable shall be:
$1,000,000 Combined Single Umit (CSL)
An Occurrence Fonn P!,licy is preferred. If coverage is provided on a Claims Made policy, <Is .
Provisions should include coverage fof claims' filed on or after the effective date of this
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
agreement In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months fOllOWing the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional
InSUred on all policies issued to satisfy the abOve reqUirements.
3
Lessee shall also obtain and maintain throughout the life of this agreement those
insurance coverages and amounts as shown in the Insurance Schedules marked Exhibit C,
attached hereto and made a part hereof.
6.
MUTUAL COVENANTS.
It is mutually covenanted and agreed by and
between the Lessor and the Lessee as follows:
.
A. That at the expiration of the term of this lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises.
B. This lease shall be binding upon the parties hereto, their successors, executors,
..
administrators and assigns. Any assignment of this lease shall not become effective until
approved in writing by Lessor. Any assignment shall extend no longer than the term remaining
under this Agreement. The premises shall not be sub-let.
C. This lease shall be automatically canceled, and the title to the improvements on
the leased premises shall revert to the Lessor should the Lessee fail to OCCUpy the premises or
there is evidence that the premises are abandoned for a continuous period of any six (6)
months during the term of this lease, notwithstanding anything contained in paragraph 1
herein.
D. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said
hangar if the land is required to accommodate future airport development or for any other
reason as determined by the FAA and/or Lessor.
E. The Lessor shall, upon thirty (30) days written notice to the Lessee, have lhe ,
right to terminate this lease.
7.
COMPLIANCE WITH LAWS.
Both parties shall comply with all federal,
state and local laws goveming the activities under this lease. Lessee covenants that he shall
maintain and operate and use the premises in compliance with 49 CFR, Part 21,
4
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said
Regulations may be amended. More particularfy, Lessee covenants that:
a) no person on the grounds of race, COlor, national origin, or sex shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in
the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of services
thereon, no person on the grounds of race, color, national origin, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
a.
FAA REQUIREMENTS.
t.
The parties shall comply with FAA Required Lease
Clauses, which are fisted in Exhibit u8, a attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed on the day and year first above written.
(SEAL)
ATTEST: DANNY L KOlHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONRO COUNTY, FLOf!"A
(1 · -;r~
By cJj
By If~ i...::t+-,
Deputy lerk
~~
Witness
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EXHIBIT liB".
4.
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FAA REQ'O'ZltE1:) LnsE CLAUSES
'.
~
~. This lease shall be ~ubject to review and re-evaluation
at the end of each..::L year period, by tl;e airport.
owner and the rent may be adjusted according to the~
action, not to exceed the 'Consumer Price Index rate
during the last l~ month period, or;
Land less improvements ~ill be appraised every 5 years
and the adjusted rental will be based' on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at ~is expense and les~or/lessee
equally share expense for review ~ppraisal' that
establishes fair market value.
2.
. "
The tenant tor himselt, his personal representatives,
successors in interest, and assigns, as a part of the
consideration hereOf, does hereby covenant and aqree
that (~) 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 benefi ts of, or be otherwise subj ected
to discrimination, (3) that the tenant shall use the
premises in compliance with all ather require:ents
imposed by or pursuant to Title 49, Code of Federal
Regulations, Department at ~sporta~~on, Subtitle A,
Office' at the Secretary I part 2:1., Nondiscrimination in
Federally-assisted proqrams of the Department of
Transportation-Ef~ectuation of Title VJ: of the Civil.
Righ.ts Act of 1964, and as said Regulations ~y 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 an~:{~
if said lease had. never been made or issued. The .
provision shall not be ef%ectiva until the procedures ~
of Title 49, Cede of Federal Regulations, Part 2:1. are' .'.."
followed and completed includinq exercise or expiration.
of appeal riqhts. _
It shall be a condition of this lease, that the lesser"
reserves unto itsel~, its successors and assigns, for
the USe and benefit af the pub~ic, a riqht a~ fliqht...
for the passaqe Of aircraft in the airspace above the
Surface of the real property hereinafter described,
together with the right 1:0 cause in said airspace such
noise as may be inherent in the operation of aircraft,
now known or hereafter. ,USed, for naviqatio;1 .of or
flight in the said airspace,' and for use of said .
airspace tor landing'on, taking off from or operatJ.nq
on the airport.
'4-
-
~
, .
That the Tenant expressly.agrees for itself, its
successors and assigns, to restrict the height of
structuz:es, obj ects of natural growth: and other .
obstructions on the hereinafter described real property
to such a height so as to comp'ly with Federal .Aviationh
Regulations, Part 77~ .
That the Le~see expr=~sly agrees for its~l~, 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 subj ect and
subordinate to the terms and conditions of the
instruments and documents under which the Airport Owner
acqu~red the sUbject property from the United S~tes of
AmerJ.ca and shall be given only such effect as WJ..ll not
conflict or. be inconsistent with the terms and
conditions contained in the lease of said lands fram
the Airport Owner, and any existing or subsequent .
amendments thereto, and are subj ect: to any ordinances,
rules or regulations which have been, or may hereafter
be adoDted by the Airport Owner pertaining to the .
Airport. '.
5. Notwi thstandinq anything herein contained that may be,
or appear to be, to the contrary, it is expressly
understcod and agreed that the riqhts granted under
this agreement are nonexclusi VB and the Lass~ herein
reserves the right to grant s; 'n,; , ar pri vlleqes to
. another Lessee or other Lessees on other parts ot the
airport. .
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GENERAL LIABILITY
INSURANCE REQUiIU!:MENTS
FOR
CONTJtAcr
,.
.' BET\VEEN
MONROE COUNTY.. FLORIDA
AND
.
Prior to the commencement of work governed by this contrnct, the Contractor shaf/ obtain
General Uabilily Insurance. Coverage shall be maintained thrOUghoul the life of the contract and
incJud~ as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Li<1biJity
· Personal I~jury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shaiI be:
$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
$ ~.~O! 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 dale of this contract.
In addition, the period for which claims may be reported should exlend for a minimum oftwelve
(12) months fof/owing the acceptance. of work by lbe County.
The Monroe County Ooard of County Commissioners shall be named as Additional Insured on af/
policies issued to satislJ lhe above requirements. .
:' .-
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AcI.ninisll2liw .m....ctiun
'4709.1
GU
56
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AIRPORT LIABILITY
AND .
IJANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
DET\VEEN
MONROE COUNTY, FLORIDA
. AND
Recognizing that the work governed by this contract involves t/1e repair. servicing, maintenance, \
fueling, or storage ofaircrnft, the Contractor will be required to' purchase and maintain,
throughout the life of the contract, Airpon Uability and Hangarkeepers Legal Liability Insurance
naming the Monore County Board of County Commissioners as Addilionallnsured. .
The minimum limits ofliability shall be S500,000.
--
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MONUOE COUNTY, VJ40lUDA
Mcqu.IC 'or \V11\~..
of
IlIsnnu.cc Itequiranclltl
U is rcqUCItcd llaat the illSUQDCIQ rCl}uircJncllll. nJ ,pociUtd In tbe COUllly's Schedule orJnl\U'DhCO
RCilUi":&IJl:JU~. be waived or ruDdiOcd nn Ule folJo\\'iua COntr.Jct.
COJ)I'~lor:
~
~~LAND CI~ FLYING SERVICE, INC.
..~..
C:Olllr;u;t Ibr:
hlluu::lS or Ccmtmaor; ..J!Z 1 S. ROOSF.VELT BLVD.
'f"
f .
J(~-Y WEST. n 33040
--.-
.-
Phone:
...305-296-3!+.ll- __
..1.IX~l) BASED OPERATOR AT KEY WEST INTERNATIONAL J.Il~ORT.
----.., -'. ------.-
:Scope or Work:
..-------.-...-
!(c:lSOrI (or Waiver:
VEH~~~E LIABILITY FOR $1,000,000.00 FOR VANS IMPOSSIBLE
-. -
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TO OBT^JN,
F)-~ ;~.e-1AHA~~t;J. .
Sicn-'Ip", 0( COJIttnctor: ~"<.c(jt:::::.... . LJ. -.!2. a d ~ 0 o.d.L' J rJ 0 t! d cJ / tf:
^pproved ~ _ Hal ^I>ptovcd __
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Not Approved:
Received
lli'kM~~Control
DATE t, /'~ 9,r' .
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Coullty AdmJuistr:unt ;1ppC:J';
Dille: .
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lJo:ud of Couney CommissiOl1crJ :Jppc:al:
^PProvcd:
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Noc Approved: _ _
MccUllA Druo:
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\VAIVIIR
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. VEIIICLE LIADIIJITV
INSURANCE REQUIREMENTS
FOR
. <;0 NTRAcr
BET\VEEN
MONROE COUN1Y, FLORIDA
AND
-
.
Rccognizing Ihallhe werle governed by Ihis conlract requires Ihe use of vellicles, Ihe Conlraclor,
prior to Ihe commencement of WOrk. shall obtain V chicle Liabilily I nsuranc:e. Coverage sball be
maintained Ihroughoutthelife of the contract and include as a minimum, liability coverage for:
' .
..
· Owned. Non-Owned, and} fired .Vehiclcs
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
Ifsplit limits are provided, tile minimum limits acceptable s1lall be:
$ 500,000 per Person
SJ ,000,000 per Occurrence
S 100,000 Property Damage
The Monroe Counly Board of County Commissioners shall be named as Additional Insured on all
polici= issued 10 satisfy Ihe above requirements. . .
. :'
.1. _
~ive ........1iaa
'47O!J..
VLJ
77
..
WORKERS' COMP.ENSA TION
INSURANCE UEQUIREMENTS
FOlt
CONTRAcr
'1II Illl1l"~
BElWEEN
MONROE COUNlY, FLORIDA
AND
-
~
~
Prior to the commencement of work governed by lhis contract. the Conlractor shall oblain
Workers' Compensation Insurance with limits SUfficient to respond to the applicable state statutes.
f-
In addition, the Con!lactor shall obtain Emplo)'ers' Uability Insurance with limits of not I.,.,. If..,,:
$1,000,000 Bodily Injury by Accident
$1.000.000 Bodily Injury by Disease. policy limits
$1,000,000 Bodily Injury by Disease. each employee
COverage shall be maintained throughout the Cntire term of the con!laet.
C<Werage shall be provided by a company or companies authorized to transact business in lhe
state of .Florida and the company or companies must maintain a minimum rating of A-VI, ..
assigned by the A.M. Best Company.
If the Contractor h.. been appro""" by the Aorida's Department of labor. .. an nulllori7-ed self-
insurer, the County shall recognize and honor the Contraetor's status. nle Con!lactor may be
required to Sl!bmil a Letter of AuthOrization iSSUed by the Department of Labor and a Cenilicate
oflnsurance;. providing details On the Contractor's Excess Insurance Program. .
'.,
If the Con!lactO! Participates in a self-inSUrance fund, a Cenilicate of!nsurance WIll be required.
In addition, lfie Conlractor may be required to submit updated financial stalements from the fund
. . upon request from the County.
=
., - -
I'
Mmiaiaraaive '...rues..
'4709.1
WeJ
~
AGREEMENT FOR SALE AND ASSIGNMENT
COMES NOW, 113, Inc., a Florida corporation (hereinafter referred to as "Assignor") and East
Coast Hangars, LLC, a Florida limited liability company (hereinafter referred to as "Assignee")
and agree as follows:
1. Assignor is the owner of a hangar located at the Key West International Airport, which is
located on land being leased from Monroe County, Florida.
2. Assignor and Assignee are sister or affiliated companies with common ownership.
3. Assignor hereby assigns all its right, title and interest in said hangar and lease to Assignee
for the consideration ofTEN DOLLARS AND 001100 ($10.00) DOLLARS, the receipt
of which is hereby acknowledged.
4. The parties hereby agree that all necessary steps be taken with Monroe. County for
approval of this sale and assignment and by exec~on of this agreement the parties hereby
agree to this sale and assignment dated this /~'ljay of December, 2001.
Assignor:
113, INC., A FLORIDA CORPORATION
Assignee:
EAST COAST HANGARS,
LLC, A FLORIDA LINIITED
LIABILITY COMPANY
By: /Jf)~/7d</J(jL(dd.
David G. Budd, Assistant Operating
Manager
By: ;ft2{j( ?tex3t..La:.i:L
David G. Budd, Vice President
=----.:::::,...~
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ij2,.~ ~'\fXkNY L. KOLHAGE, Clerk
("..:t.lh:~'\."-~~f! '
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')'",'.'-~;:NIT ' S1':' CLERK
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BOARD OF COUNTY
COMMISSIONERS, OF MONROE
COUNTY, FLO A
~~PUly~ ","'"
Date:
By:
Mayor/Chairpers n
I hereby cerril Y this document to be
a_&=;tJ~
Instrument. ',,-
By:
Agent
;
AGREEMENT FOR SALE AND ASSIGN1\1ENT
COMES NOW, Robert T. Feldman (hereina~er referred to as "Assignor") and 113, Inc.
(hereinafter referred to as "Assignee) and agree as follows:
1. That Assignor is the owner of a hanger located at the Key W cst International
Airport, which is located on land being leased from Monroe County I Florida.
2. It is the intent of the Assignor herein to assign all its right, title and interest in said
hanger and lease to 113, Inc., the Assignee for the consideration of FIF1Y TIIOUSAND and
00/100 ($50,000.00) DOLLARS.
3. The $50,000.00 shiill be due at closing in U.S. Funds.
4. It is the intention that both parties will clllminnte this sale as soon as practicable
and that all necessary steps be taken with Monroe County for approval of this sale and
assignment and by execution by this letter agreement the parties hereby agree to this sale and
assignment dated this fs> ~!J day of December, 1999
By: /V'J---
~obcrt T. 'e dm.an
By: JJlU/! ~1J J/,(iAssignee)
113, Inc.
EAssignor)
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(SEAL)
"~~T.~~r"DANNY L. KOL~GE~CLERK
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Dep~ Clerk
BY
SEPH H. ~lINSON
A . III) -
B8~ Uf< C ~ 1 Y COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By'-'>' ?J~
May r/Chalrperson
Date: January 19, 2000
rOUNTyo!MONROE
, KEY WEST ~ ;~ORIDA 33040
Airports Business Office
Public Service Building
5100 college Road
Key West, Florida 33040
February 16, 1999
Robert T. Feldman
3529 Sunrise Drive
Key West, Florida 33040
Dear Mr. Feldman~
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BOARD OF COlJ!'iTY COMMISSIONERS
MA YOR Wilhelmina Harvey. District I
Mayor Pro Tern Shirley Freeman. ~istrict 3
George Neugent. District 2
Nora Williams. District 4
Mary Kay Reich. District 5
"
Your letter of January 21, 1999, was forwarded to the County Attorney's Office
for review. .
I was advised that stating your wish to extend the hangar land lease is sufficient
for County records. Airport files .have been revised to indicate that your lease will
expire February 7,2005.
Sincerely,
c1?-&-iXtL/1ouV---
Bevette Moore
Airports Business Administrator
Ibev
.-99 16,36 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE 1/2
-
To:
From:
SUbject:
Date:
Rob Wolfe, Chief Assistant County Attorney
Bevette Moore, Airports ~ G ~ ~
Feldman - Lease Option
02/01/99
6~~.
r4
Mr. Feldman's lease is to 2/7/2000. With one 5 year option. Will we
have to do an official document, or will his letter suffice?
Please let me know, and I will notify him one way or the other.
Thank you
/bev
attachment
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16,37 FROM,MONROE COUNTY ATTY OFF[CE [0,3052923516
PACE
2/2
FELDMAN. KOENIG & HIGHSMITH, P.A.
ATTORNEYS AT UW
1315 W1ait~he"d Stred, Key Wen, FlorIda j3040
Robm T. Feldman
Tlmolhy J. KtHnig
Robert E. Highsmith
Telephone (305) 296-8851
Fax (305) 296-8575
FlIX (305) 292-1877
January 21, 1999
County of Monroe
Airports Business Office
Public Service Building
5100 College Road
Key West, Florida 33040
A TIN; Bevette Moore
Re:: Hanger Land - Key West International Airport
Dear Ms. Moore:
I am enclosing a copy of the letter I received January 13th concerning my banger rent together
with a check for payment through February of2000. Also, please accept this letter as notice that
I intend to exercise: the: option for an extension of this Lease that is contained in it. If there are
any problems with that, please notify me in writing.
..L ..
RECEIVED
JIM 2 5119
AIRPORTS
11/JO/1999 11:17 FAX 3052988575
..
I(] 08
To. 9-/7/00 ts
C'd./7/oS)
FELDMAN KOENIG
LEASE AGREEMENT
THIS LEASE is made and entered into on the l~~ day of ~Il ~ 1995. by
and between the COUNTY OF MONROE. a poliiical subdivision of the Stote of Florida.
hereinafter referred to os Lessor. party of fhe first port. ROBERT T. FELDMAN. hereinafter
referred to as Lessee. porty of the second parl.
IN CONSIDERATION of the mutuel covenants. promises and premises herein
contained. the parties hereto agree as follows:
-'
1. PREMISES. The Lessor of these presents leases unto the Lessee 0 parcel
of land at the Key West International Airport, Key West. Monroe County. Florida.
mea.suring 40 feef in width and 30 feet in depth. os shown on Exhibit A (property map)
which is attached hereto and made a part hereof.
2. TERM. The above-desctibed premises are leased to the Lessee for a term
of five (5) yeo~ commencing February 8, 1995.
..
3. RENT. The Lessee hereby covenants and agrees to pey 10 fhe Lessor rent
in the sum of Five Hundred Fifty-four ond 221100 Dollars ($554.22) per year. plus soles
tex of Thirty Eight end, 80/1 00 Dollars ($38.80). for c total rent of Five Hundred Ninety-
fhree and 02/1 00 Dollars ($593.02) for the use of said premises during the term of fhis
lease, said rent to be payable in advance on the first day of each year during said
term.
4.
LESSOR'S COVENANTS.
The Lessor hereby covenants and agrees with -
the Lessee os follows:
.1
"'~""""'&n.l~ AVCJ.'.&.~
III 07
,
5.
LESSEE'S COVENANTS.
The Lessee hereby covenants and agrees with
the Lessor os follows:
A. To poy the Lessor the rent at the times and in the manner provided for by
this lease.
B. That no construction mortgage or lien of any nature will be placed upon
the hangor located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing
airplanes and providing tor the core. repair and maintenance of such privately awned
airplanes.
D. To pay all utilities. including gos. electricity. water and gorboge disposal
charges, if tiny. as well. as all instollation charges that may be required for any such
utilities.
E. To mOKe no improper or unlawful or offensive use of said premises. and to
permit the Lessor or its agents to inspect the leosed premises at all reasonable times for
the purpose of viewing the condition thereof.
2
'.
;
F. The Lessee agrees.to hold the Lessor harmless tram any liability by reaSOn
of their use of said hongar. including any liability arising out at any occident insured or
caused by their equipment. employees, invitees. guests. personnel and/or facilities,
and will maintain public; Iiabflify insurance in a reasonable amount sufficient to proteet
.;'
the lessor, but not less than $100.000/$300.000.
6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and
between the Lessor ond the Lessee as follows:
1. That a.t. the expiration of the term of this lease. the lessee will quietly and
peaceably deliver up possession of the leased premises. and remove the aircraft ;
hangar located thereon: however. in the event the Key West International Airport
should be permanently closed. and the lands therein cease ta be used as on airport
during the term ot this lease. the lessee sholl retain title to end shall hove the right to
remove the hangar located on the leased premises.
2. This leQse shall be binding upon the parties hereto. their successors.
eJtecutors. adminjstrato~ end assigns.
3. This lease shell be automatically conceled. end tne title to the
improvements on the leased premises shall rever110 the Lessor should the Lessee fail to
occupy the premises or there is evidence thet th~ premises are abandoned for 0
continuous period of ,any siX" (6J months during the term of this lease. notwithstanding
anything contained in paragraph 1 herein.
7. SU8LEAS~. ASSIGNMENT. Lessee shall have the right during fhe term of this
lease to SUblet said shelter and land leased hereunder fo another person. upon
".
't
'tol1J9
. .
approval of some by the Lessor. provided. said Lessee is not in default of any of the
terms of this lease.
8. FUTuRE AIRPORT DEVELOPMENT. Lessee sholl, upon thirty (30) days written
notice from Lessor. move said shelter from said leased premises if the land is required to ~
accommodate future airport development or for any other reoson os determined by
the FAA and Lessor.
9. RENTAL ~ATE ADJUSTMENT. Rental rates under this lease shall be adjusted
annualfy in OccordCr')ce with the percentage change in the Consumer Price Index
fep!] for Wage Earners and Clerical Workers in the Miami, Florida. crea it'ldex. and shoJi ,;'
be based upon the annual average CPr computation from January 1 through
December 31 af the previous Year.
10. RENEWAL OPTION. At the expiration of this leese. Lessee shall heve the
option to renew this lease for on additional five (5J year period under the same terms
and COnditions. if agreeable to Lessor.
11. COMPLIANCE WITH lAWS... 80th parties shall comply with 011 federal. state
and local laws goveming the activities under this lease. Lessee covenants that he shall
maintain ond operate and use the premises in compliance with 49 CFR, Port 21.
Nondi~crimit'lction in Federally Assisted Programs of the Deportment of Transportation.
as said RegulatIons moy be amended. More particularly. Lessee covenants that:
0) no person on the grounds-of race. color. national origin. or sex shall be excluded
from participation in. denied the benefits of. or be otherwise subjected to
discrimination in the use of the premises; and
bj in the construction of any improvements on the premises and the furnishing of
services thereor'\. no persOn on the grounds of race. color. notional origin. or sex
shall be excluded from p.ortlcipotion in. denied the benefits of, or otherwise be
subjected to discriminotion.
q
r l:,u)~ KUt:~ 1 G
~lO
IN WITNESS WHEREOF. the parties hereto hove caused fhese presents to be
executed on 1he day end yeor first above writfen.
(SEAL)
AITEST: DANNY L. KOLHAGE CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By /h~:N)~~
Deputy rk
By
cS~-f;v(<K"~
. Mayor/C irman
D~J .
~
W ness
~0Abt p {} At'Jo<-
(LJ..a Witness
~
/"ROb T. Feldman
--
b/AlR/feldman.doc
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5
;
.....~
CONSENT TO LEASE ASSIGNMENT
This consent to lease assignment is entered info by and between Monroe County, 0 political
subdivision of the S tate of Florida. who-,e oddress is S 1 00 College Rood. Stock Island. Key West, Florida
33040. l"'lereafter COL'nty. Dion Aviation Soles. Inc.. 0 Florida corporation, whose address is 638 United
Street. Key west. Florida 33040. hereGfier Dion. ond Key Haven Associated Enterpnse~lnc.. a l.8>rida
oO\D~
:z::};.- c=
corporation. whose address is 1104 Truman Avenue. hNeafter Key Haven. In exchong~~W'e ~tu.,..,
fT1:;;":.~~ a;, CJ
benefits and consideration stated below, the parties og/ee: g~:- c1 6
C:33~ ;0
1 ) On April 21. 1994. the Lessor ond Key Hoven entered into a lease agree~~~r ~or~
:< ~:r f'T1
of land at Key west International Airport (KWIA). A copy of the April 24, 1994, lease is~tt~e<po tg
> fTl . ... ;0
. - CJ
assignment ond mode a part of it.
2.) The County hereby consen1s to the assignment or Key Hoven's interest in the April 24, 1994.
lease to Dion and releases Key Hoven trom any further duty or obligation under that lease.
3.) Dion. in consideration v~ the County's consent to the assignment of the April 24. 1994. KWIA
lease ond the benefits received by Dion under such lease, agrees to be bound by all the terms,
conditions ond obligations of the April 24, 1994 KWIA lease to the same extent os the original Lessee, Key
,.,
"
(SE 'L ~'. '" ....:-.....;.. .' /~
1'\ . f"'-._.~'" .,
ATTEST: D . KOLHAGE. CLERK
By 1?.~~
Duty rk 0
(SEAL)
ATTEST:
~~e-=_@1ftV
(SEA.L)
ATTE:Sl:
5y
tiLll
P"';--:':I/CQ~-,~C'(1! r:')c
BOARD OF COUNTY COMMISSIONERS OF
:o~~ :.~N~Y ~Fl.O~4\., '- ~
Mayor/Chairman
DION AVIATION SALES. INC.
B~ ~Q~
Ti e . ~)j;--;
KEY HA VEN ASSOCIATED ENTERPRISES.
INC. -
~;~e ~~57 -
1-.-/ I V JV
H FI N Q, ^ }'\.-
LEASE AGREEMENT
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THIS AGREEMENT is made and entered into this if-I~-+ day of
Clr^,,--,~ , 1994, by and between the COUNTY OF MONROE, a
.
political subdivision of the State of Florida, hereinafter called
the Lessor, by and through its Board of County Commissioners, and
KEY HAVEN ASSOCIATED ENTERPRISES, INC., a Florida corporation,
whose address is 1104 Truman Avenue, Key West, Florida,
hereinafter called the Lessee.
WIT N E SSE T H:
I. That the Lessor of these presents leases unto said
Lessee a parcel of land at the Key West International Airport,
Key West, Monroe County, Florida, measuring. 46 feet in width and
40 feet in depth, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof located on these premises.
II. The term of this lease is twenty (20) years from the
date hereof.
III. The Lessee hereby. covenants and agrees to pay the
Lessor rent in the sum of One Hundred Dollars ($100.00) per month
or Twelve Hundred Dollars ($1,200.00) per year, plus applicable
sales tax, for the use of said premises during the first ten
years of the term of this lease, said rent to be payable in
advance on the first day of each month or the first day of each
year, respectively, during said term. The rental charge for the
first ten years may be adjusted annually in accordance with the
percer:tage change in the Consumer Price Index (CPI) for Wage
Earners~nd Clerical Workers in the Miami, Florida, area index,
and shall be based upon the annual average CPI computation from
.
January 1 through'Decem~er 31 of the previous year. At the end
of the first ten years, the amount of rent shall be calculated,
on an annual basis, at ten percent (10%) of the appraised value
~
of the land and hangar. Rent shall be paid in advance on a
monthly or annual basis, to be determined by Lessee.
IV. The Lessor hereby covenants and agrees with the Lessee~
as follows:
1. The Lessee shall build a new aircraft hangar on the
leased premises within one (1) year of the beginning date of this
lease.
2. The Lessee shall have the right to occupy the aircraft
hangar located on the leased premises.
3. The Lessee shall have re"asonable, ingress, egress and
access privileges to the .leased premises.
4. No commercial activity shall be performed on the
premises.
5. Lessee shall pay for the appraisal
second ten-year period shall be determined.
be agreed to by both parties.
6. The Lessee, on keeping the covena?ts and agreements by
him herein contained, shall have quiet and peaceful enjoyment of
the demised premises without any interruptions by the Lessor, or
by a person or persons claiming by, through or under it.
The Lessee hereby covenants and agrees with the Lessor as
whereby rent for the
The appraiser must
follows:
A. To pay the Lessor the rent at the times and in the
manner provided for by the lease.
B. That no construction mortgage or lien of any nature
will be placed upon the hangar located on the leased premises.
C. That the said hangar shall be used only for the purpose
of housing private aircraft and providing for the care, repair
and maintenance of said privately owned aircraft.
D. To pay all utilities, including gas, electricity,
water, s~wer and garbage disposal charges, if any, as well as all
installation charges that may be required for any such utilities.
.
E. To mak:~Il"o__ i~proper or unlawful or offensive use of
said premises, and to permit the Lessor or its agents to inspect
the leased premises at all reasonable times for the purpose of
,
viewing the condition thereof.
F. The Lessee covenants and agrees to indemnify and hold
harmless Lessor harmless from any and all claims for bodil~
1nJury (including death), personal injury, and property-damage
(including property owned by Monroe County) and any other losses, - "
""-'":.,.. ._. ..~. ....., ,......'":.....,
2
damages, and expenses (including attorney's fees) which arise out
of, in connection with, or by reason of services provided by the
Lessee or any of its Contractors, occasioned by the negligence,
errors, or other wrongful act or omission of the Lessee or its
Contractor(s), their employees, or agents.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within
this agreement.
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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall
be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Oc~urrence Form policy is preferred. If coverage is provided
on a Cla~ms Made policy, its provisions should include coverage
for claims filed on or after the effective date of this contract.
. . .
In addition, the' pe~iod _ for which claims may be reported should
extend for.a minimum of twelve (12) months following the
acceptance of work by the County.
.,
The Monroe County Board of County Commissioners shall be
named as Additional Insured on all policies issued to satisfy the
above requirements.
V. It is mutually covenanted and agreed by and between the
Lessee and the Lessor as follows:
3
--iio.
1. That at the expiration of 'the term of this lease, the
Lessee will quietly and peaceably deliver up possession of the
leased premises, including the hangar which shall become the
property of Lessor.
2. This lease shall be binding upon the parties hereto,
their successors, executors, administrator? and assigns. Any
assignment 'of this lease shall not become effective until
approved in writing by Lessor. Any assignment shall extend no
longer than the term remaining under this agreement. The
premises shall not be sub-let.
3. This lease shall be automatically cancelled, and the
title to the improvements on the leased premises shall revert to
the Lessor, should the Lessee fail to occupy or evidence that the
premises are abandoned for a continuous period of any six (6)
months during the term of this lease.
4. Lessee shall, upon thirty (30) days written notice from
Lessor, abandon said premises if the land is required to accommo-
date future airport development or for any other reason as
determined by the FAA and/or Lessor.
5. The Lessor shall, upon thirty (30) days written notice
to the Lessee, have the right to terminate this lease.
IN WITNESS WHEREOF, the party of the first part has caused
these presents to be executed in its name, and the party of the
second part has signed these presents, in duplicate, all as of
the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By ilo-L1;p;ty ~~
By
COUNTY COMMISSIONERS
COUNTY, FLORIDA
~
N M. SPOTTSWOOD, JR.
~-AQ~~ ELLEN D. ~ALL.JA
airiiikeyhaven
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official U.S. Government Consumer Price Index (CPI) and applied
annually on the anniversary date of this Lease Agreement.
31.
OPTIONS FOR EXTENSION OF LEASE Lessee shall have the
..............-....-. ~
option to renew said Lease Agreement after the first Five-year
extension, which terminates on October 22, 1999, for an addition-
al Fiv~-year term to commence en October 22, 1999, and txpires on
October 22, 2004. At the commencement of said additional Fiv2-
year term, cc~nencing on October 22, 1999, the base rental fee in
.
effect shall be adjusted to reflect the fair market rental value
of the subject property as determined by the Lessor. Said value
~.;ill be adjusted annually in accordance with the official (CPI)
and applied annually on the anniversary date of the Lease
Agreement.
All other provisions of said Lease Agreement are to remain
in full force and effect.
Any provisions in the original Lease Agreement that are in
conflict with this Addendum are hereby rescinded.
IN WITNESS wlIEREOF, the party of the parties hereto have
caused this Addendum to Lease Agreement to be executed as of the
day and year first above written.
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By'~4e~
J ~ !\ (1, ( . ./
i L' :.... ~i'dles; 'i
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----. - WItness
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By ~. ~':,-\~ I ~__
ayor airman ----,
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t1Th~ CAn ~
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___ APPRD'Iro AS TO FOR.'"
AN;) I, CGAL SUFFICIENCY.
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ADDENDUM TO LEASE AGREEMENT
THIS addendum, made and entered into this 10th- day of
June
, 1992, to amend paragraph Two (2) and to add
paragraph Thirty (30) and Thirty-one (31) to that certain Lease
Agreement for Hangar Space entered into -on the 16th day of May,
1978, by and between MONROE COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the LESSOR, and
.
FRED CABANAS, assignee of the subject Lease pursuant to an
Assignment of Lease dated December 19, 1988, and hereinafter re-
ferred to as the LESSEE.
Said paragraph Two (2) is herein amended to read as follows:
"
.....
RENTAL
The Lessee covenants and agrees to pay the
Lessor as rent for said property during the remaining teI"'2 of
.....
this lease, TWO Hu~IDRED FIFTY ($250) DOLLARS per month, and the
Lessee agrees to pay on or before the fifth (5th) day of each
month following the last day of each calendar month throughout
the leasehold term.
Said Paragraphs Thirty (30) and Thirty-one (31) are an
addendum to said Lease Agreement for Hangar Space and shall read
as follows:
30. EXTENSION OF LEASE AGREEMENT
Said Lease Agreement
between Lessor and Lessee shall be extended for an additional
Five-year period.
The additional Five-year extension is to
commence on October 22, 1994. The base rental fee will be FOUR
HUNDRED ($400) DOLLARS per month, or fair market value, whichever
is less, and will be adjusted annually in accordance with the
.,
;
official U.S. Government Consumer Price Index (CPI) and applied
annually on the anniversary date of this Lease Agreement.
31.
OPTIONS FOR EXTENSION OF LEASE
................'t.a. .......
Lessee shal~ have the
option to renew said Lease Agreement after the first Five-year
extension, which terminates on October 22, 1999, for an addition-
al Fiv~-year term to commence en October 22, 1999, and ~xpires on
October 22, 2004. At the commencement of said additional Fiv2-
year term, cownencing on Oc~ober 22, 1999, the base re~tal fee in
effect shall be adjusted to reflect the fair market ren~al value
of the subject property as determined by the Lessor. Said value
will be adjusted annually in accordance with the official (CPI)
and applied annually on the anniversary date of the Lease
Agreement.
All other provisions of said Lease Agreement are to remain
in full force and effect.
Any provisions in the original Lease Agreement that are in
conflict with this Addendum are hereby rescinded.
IN WITNESS w1IEREOF, the party of the parties hereto have
caused this Addendum to Lease Agreement to be executed as of the
day and year first above written.
(SEAL)
Attest: DANNY KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Ey:~4e~
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~i tnessi
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-'- WItness
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By ';'~\'\.;>=-I_~
Mayor/Chairman ,
i t..'
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1'1In:b CA~ ~
2
APPROveD AS TO FOR.'"
/'"" A!~.'J "CGAL SUFFICIENCY.
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ASSIGNMENT OF LEASE
JOSEPH J. SCARLET, P.A., herehy assign all rights, title and interest in
and to that certain lease dated
May 16
, 19~, between COUNTY OF
MONROE, STATE OF FLORIDA, for and in consideration of Ten ($10.00) Dollars and
other good and valuable consideration, to FRED CABANAS. Said lease being for
that certain property in Exhibit ~A" hereto and made a part hereof, located in
Key West, Monroe County, Florida.
Dated this ~ day of December, 1989.
Witnesses:
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WE HEREBY accept the foregoing Assi ~ nt of Lease, this 13- day of
December, 19R9.
Witnesses:
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4/? 4---
FRED CABANAS
.j:l Y. i ',.,'1.'> l;,1. ~Lr' L.\.,W
Notary Public. State of Florida'
~ kl. Com::llSs;on IIp;''' :-'Cl. ;e" 1992
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foregoing Assignment of Lease, this 24th day of
WE HEREBY consent to the
!anuary, 1990.
COUN~~R~STATE OF FLORIDA
BY: c7ffJ ~
Mayor/Chairman of the-Board
of County Commissioners of
Monroe County, Florida
(SEAL)
At t est ;DANNY 1.. KOLHAGE, perk
vQL /{#-/,d2/
1crk
4PPRovEn AS fO FORM
". ';', 'il. SUfFICIENCY.
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8Y
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LEASE AGFEEl'-'!ENT FOR HA~IGAR SPACE
THIS LEASE AGREn!E~IT, !1ade and entered into this
16th
day of
May
19 7~, by and bet~veen the COUNTY
.or M01~ROE, STATE OF FLORIDA, a political subdivision of the State
of Florida, hereinafter called the Lessor, and JOSEPH J. SCARLET.
P.A., whose address is 3428 N. Roosevelt Boulevard, Key West, Fl.,
hereinafter called the Lessee:
WIT N E SSE T H:
That the Le~sor hereby leases th~t certain property describ-
ed in Exhibit "A" hereto and made a part hereof, located in
Key T-Jest, Honroe County
, Florida, subject to the
following conditions and li~itations which the parties mutually
a8ree shall apply:
I
1. TERM.
May 16, 1978
The period of this lease shall be from
until
October 22, 1994
~unless sooner terminated in accordance herewith.
2.
PENTAL .-
The Lessee covenants and aprees to pay the
Lessor in advance as rent for said property during th~ said Lerm
I
of this lease, FOUR HUNDRED TWENTY .($420.00)
Dollo.rs per
year, and thereafter in advance on the anniversary date of each
year during the term of this lease. Delinquent payments shall be
subject to an automatic and progressive TEN percent delinquent
charge.
3.
RULES AND PECULATIONS.
The Lessee agrees to strict~,
execute, comply with and abide by all applicable rules, regulations
and directives of the Lessor as presently existing or a~ may be
promulgated, changed or amended fro~ time to time, and it shall be
the duty of the Lessee to become and remain informed and familiar
with the same as promulp,ated, changed or amended, which by refer-
.ence are hereby made a part hereof. Failure or refusal to comply
or abide with the provisions of this article shall be cause for
~ermination of this lease.
i
na~e 1 of 9 Pages
4. PERSONAL PROPERTY. All personal property placed or
'moved in or on the premises above described shall be at the risk
of the Lessee or owner thereof, and Lessor shall not be liable for
any damage or loss to said personal property for any act of negli-
. gence of any co-Lessee or OCcupant, or of any other person whomso-
ever.
t
5. SAFETY, CORRECTION, ETe.' The Lessee shall promptly
execute and comply with all statutes, ordinances, rules, orders,
regulations, directives and requirements of the Fed~ral, State,
County and City Governments and of any and all of their depart-
ments and bureaus, applicable to said premises for safety and cor-
rection, prevention and abatement of nuisances or other grievances,
in, upon, or connected with said premises and its operation.
6. DEFAULT. A. The prompt payment of the rent for said
premises upon the terms named, and the faithful observance of the
.rules, regulations and directives which are by reference made a
:part hereof, and of such other and further rules, regulations and/
-or directives as may be here~fter made by the Lessor are the condi-
tions upon ~...hich the lease is made and accepted, and any failure
on the part of the Lessee to comply with the terms of this lease,
or any of said rules and regulations or directives, now in exis-
tence, or which may hereafter be prescribed by the Lessor, shall
at the option of the Lessor, work a forfeiture of this lease, and
all of the rights of the Lessee hereunder, and thereupon the Les-
sor, its ag~nts or employees shall have the right to enter said
premises, and remove all persons and property, if desired, there-
from frocibly or otherwise, and the Lessee hereby expressly waives
any and all notice required by lalV to terminate tenancy, and also
waives any and all legal proceedings to recover possession of said
premises, and expressly agrees that in the event of a violation of
: any of the terms of this lease, or of said rules, regulations or
directives, now in existence, or which may hereafter be made, said
.Lessor, its agents or employees may immediately re-enter said
"
Page 2 of 9 ~ar.es
p reT:li:;cs and Jispossess Lessee \'li thout legal notice or the ins ti-
tution of any legal proceedings whatsoever.
B. In adJition to the acts of default elsewhere
defined, the commission of any of the follOloJing acts by the Lessee
'shall constitute a default, and this lease may be terminated by
the County immediately upon_notice in writing to the Lessee:
Abandon, desert, vacate or disconti~ue operations on the premises
or petition for any bankruptcy or insolvency, or be adjudicated
bankru~t, or make a general assignment for the benefit of credi-
tors, or suffer a lien to be filed aGainst the premises, or permit
a receiver or trustee to come into possession without removing
them, within a reasonable time.
7.
COSTS NW ATTORNEY I S FEES.
Lessee agrees to pay all
costs and expenses and a reasonable attorney's fee in the event
legal action is taken by the Lessor because of any violation of
,
.
the terms of this lease or of any code section, ordinance, regula-
" tion or rule applicable to the Lessee's use of the premises includ-
-inr, but not limited to those_?,overnin~ the payment of rent.
8.'
fIXTURES.
The said Lessee hereby pledges and assiens
to the Lessor the fixtures, and goods and chattels of said Lessee,
which shall or may be brought or placcJ on said premises as security
for the payment of the rent herein reserved, and the Lessee agrees
that the said lien may be enforced by distress foreclosure or other-
wise at the election of the said Lessor, and does hereby agree to
pay all costs and charges therefor incurred by the Lessor.
9.
ENTR'.'.
The Lessor, or any of its ap,ents, shall have
the ri~ht to enter said premises during all reasonable hours, to
examine the same as may be deemed necessary for the safety, comfort
or preservation thereof, and to determine if Lessee is in compli-
ance with all of the aforementioned rules, regulations, directives
and othenoJise'.
10.
CONDITION OF I'RENISES.
A.
The Lessee acknowledges
.and or,rees that he has excimined the premises, and is fully advised
Page 3 of 9 1';](0""
~
of the condition and location thereof, and the limitations and
restrictions placed on any buildinr" structure or other object as
to heif,ht, due to the proximity of the landinp, and takeoff areas
of the Airport. Lessee further agrees t6 abide by and observe all
.' such restrictions and limitations, and agrees that the observance
of such li~itations and restrictions, whether by municipal,
county, state or federal government~l,authority, shall not in
anywise affect the Lessee's obligations under this lease.
B. Lessee hereby accepts the premise~ in the condi-
tion they are in at' the beginning of this lease and agrees to
maintain said premises in the same condition, order and repair as
they are at the commencement of said term, exceptinf, only reason-
able wear and tear arising fro~ the use thereof under this agree-
ment. Lessee further agrees to make sood to said Lessor immedi-
ately upon demand any damage caused by any act or neglect of Lessee,
or of any person or persons whomsoever, including but not limited
to employees, guests, passengers, or persons under the control of
the Lessee, and the 'Lessee s~all be liable to the Lessor and shall
forever hold harmless the Lessor from any and all such damage or
loss occasioned to the'premises, or any of its other prooerties
caused by the acts or negligence of the Lessee or any person or
persons ~vhornsoever including but not limited to emT.'loyees, guests,
passengers, or persons under the control of the Lessee. This
agreement is for the use of hangar space only, such space to be
used at the. sole risk of the Lessee, and the Lessor shall not be
liable for the care or protection of the airplane, her appurtenan-
ces or contents, or for any loss or damage of any kind or nature
to the airplane, her appurtenances or contents, however caused.
There is no warranty of any kind as to the condition of the pro-
perty nor shall the Lessor be responsible for injuries to persons
or property occurring upon the Lessor's property for any reason.
11. LIABILITY. It is expressly agreed and understood by
.and between the parties to this agreement, that the Lessor shall
?aze 4 of 9 Pages
not be liable for any damage, loss or injury which may be sustained
by the Lessee or other person or for any other damage, loss or
injury resultin8 from the carelessness, negligence or improper con-
duct on the part of any other Lessee or agents, or employees in or
'on or about the said premises.
12.
RELEASE,
The Lessee does hereby forever release and
discharge the Lessor, its departments; agenci~s, agents and author-
ized personnel from any and all liability that has or may result
from or be suffered by the Lessee arising out of or, in connection
with this lease, ana the Lessee's operation hereunder.
13.
CLAPIS .
The Lessee shall defend, payor settle any
and all liability. demands and claims by or in favor of any person
including, but not limited to, the Lessee's agents, servants or
employees, a~ainst the Lessor, its departments, agencies, and
~
authorized personnel arising out of, or in connection with this
.lease or the Lessee's operation hereunder, and to forever hold
',harmless the Lessor, its departments, agencies, agents and personnel
from any such liabilities, demands or claims asserted by any of
the aforedescribed. including cost of suit, attorney's fees, and
any other expenses in connection therewith, and to payor settle
any claims for the injury, loss or damage to personnel or property
of or under the control of the Lessor arising out of this contract
or the Lessee's operation hereunder.
14.
INSURANCE.
The Lessee shall carry and provide dur-
ing the ter~ of this contract. at Lessee's expense, liability,
protective and indemnity insurance covering the Lessee's opera-
tions, and such other operations of the Lessee in and about the
Lessor's property, subject to the approval of the Lessor, and such
other insurance coverage as may be requested by the Lessor. Said
insurance shall be with a company with a Best's Insurance Guide,
-Latest Edition, rating of A:AAA or better, and a certificate of
insurance shall be furnished the Lessor in an amount not less than
$100,000/$300.000. Any and all of said insurance to be non-cancel-
lable without a thirty-day written notice of cancellation first
being Biven to the Lessor.
Page 5 of 9 Pages
,-
15. INSOLVENT. ETC. If the Lessee shall become insol-
vent or if bankruptcy proceedings shall be begun by or against the
Lessee before the end of said term, the Lessor is hereby irrevo-
cably authorized at its option, to forthwith cancel this lease,
'as for a default. Lessor may elect to accept rent from such re-
ceiver, trustee, or other j~dicial officer during the term of this
occupancy in their fiduciary capacity.without ,affecting Lessor's
rights as contained in this contract, but no receiver, trustee or
other judicial officer shall ever have any right, t~tle or interest
in or to the above described property by virtue of this contract.
16. HEIRS AND ASSIGNS. This contract shall bind the
t
Lessor and its assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors as
the case may be, of the Lessee.
17. TI~lli OF THE ESSENCE. It is understood and agreed
. between the parties hereto that time is of the essence of this
'. contract and this also applies to all terms and conditions con-
, tained herein.
18. RIGHTS. The rights of the Lessor under this lease
shall be cumulative and failure on the part of the Lessor to exer-
cise promptly any rights given hereunder shall not operate to for-
feit any of the said rights.
19. SIG~S OR ADVERTISING. It is hereby understood and
ar,reed that no signs or advertising are to be used in connection
with the pr~mises leased hereunder without first obtaining written
approval of Lessor.
20. ASSIGr~NENT, SUBLET AND ALTERATIONS. The Lessee
shall not assign this lease, either as an absolute transfer of
his title or interest therein or thereto or as security for a loan,
nor sublet the premises. or any part thereof nor use the same, or
any part thereof, nor permit the same, or any part thereof, to be
used for any other purpose than as above stipulated, nor make any
. alterations therein without the prior written consent of the
Lessor.
,-
Pa~e 6 of 9 Paees
21.
TAXES.
Should any taxes be imposed upon the prem-
ises involved in this lease, or upon the owner, Lessor, Lessee,
,occupant or whomsoever, from any source whatsoever, the same shall
be the responsibility of the Lessee and the Lessee shall pay same
'promptly.
22.
l'~INTENA~CE OF PROPERTY.
The Lessee asrees to keep
the property clean and free and clear. of debris.
23.
LIEN.
A.
The Lessee agrees that the Lessor shall
have a lien against any airplane, her appurtenance~ and contents
for unpaid sums due'or to becoMe due for the use of the airport
facilities or services or damage caused to any property of the Les-
sor.
I
B. Lessee agrees that he will keep the
leased nremises and any buildinRs that may be erected thereon at
all times free and clear of any and all liens in anywise arisins
. out of the activities or use thereof by Lessee, provided, however,
'. the Lessee may in good faith contest the validity of any lien.
24.
RESTRICTIONS.
,The Lessee agrees not to conduct, nor
allow to be conducted on the leased premises, any,business ven-
tures, enterprises or activities, including, but not limited to,
the sale of gasoline, oil, airplane parts, or any other goods
and/or services, and convenants that he will not conduct any re-
pair services, except that he shall have the right to repair his
own private plane, and further, shall not engage in any businesses
or activiti~s authorized under any leases made by Monroe County
to fixed base operators at said Airport, nor shall he engage in
any automobile rental services of any nature whatsoever.
25.
11AINTENANCE.
The Lessee further agrees that all
areas of the leased premises ,not paved shall be maintained by him
in a neat condition, and that grassed areas shall be mowed regu-
larly and shrubs will b~ trimmed so as to maintain the premises
in a clean and attractive condition. Any areas not grassed or
.paved shall be stabilized by,the Lessee, and the leased premises
shall be so utilized that use of the oremises will not cause dust,
~
Page 7 of 9 Pages
,
Page 8 of 9 Pages
,.
28. I~WROVEMENTS. A. The parties specifically agree
that during the term of this lease Lessee shall re~ove any hangar
or improvements erected pursuant to this lease at Lessee's ex-
pense when Lessor deems it necessary for the operation, control
and/or deveJopment of the airport, and Lessee shall vacate the
premises. Lessor may provide other premises to Lessee for remain-
inb term of this lease if same are available.
B. That at the end of the term of
this lease, title to all hangars or improvements placed on the
leased premises shall, vest in the Lessor.
29. SPECIAL CLAUSES.
debris or waste to be blown about or raised so as to interfere
'with or disturb the use or enjoyment of any adjacent or adjoining
,premises. Further, that the Lessee shall keep and maintain the
leased premises and any buildings that may be erected thereon in
.'a neat and clean condition.
26. EXCAVATION. !Re Lessee agrees that no excavation of
any of the leased lands shall be ma8e~ and that no soil or earth
shall be removed from said premises except with the written approv-
al of the Lessor.
27. USE OF' PROPERTY. The Lessee hereby agrees to use
said leased premises only for the erection of a private hangar
and shall have the right to erect, at his own expense, one hangar
upon said premises, and storage of Lessee's private plane. How-
ever, prior to the erection of any hangar upon said leased prem-
ises, the Lessee shall submit to the County the plans for the
type of hangar intended to be erected, and the design of said
hangar must be approved by the County prior to the erection there-
, of.
I
'./'"
.~,
?age 9 of 9 Pages
I HEREBY CERTIFY that this document
has been reviewed for legal suffi.
ciency and that the same meets with
my approval. ~
AlL/' A ~:e;
. Attorney's Office
,.
By
. .
Secretary
(Seal)
Lessee
J
.,'
~,
(Seal)
Lessor
".. 1 ('
COUN~ MONROE, STA;rE' OF FLOR-I.DA..--.,__
~..~
By ---P"-....:~~._.
Mayor .and Chairman of th rd
o'! \..uuuL)' Commi~'5-i-oRe~-s_ of
Monroe County, Florida 'i
Attest:
J
Key West
Florida, the day and year first above written.
DATED at
, Monroe County,
,
i
"
January 5, 1978
Key West, Florida
Point of Beginning, c
preceding course and Southeasterly for a distance of 50 feet back to the
and Northeasterly for a distance of 60 feet; thence perpendicular to the
for a distance of 50 feet; thence perpendicular to the preceding course
of 60 feet; thence perpendicular to the preceding course and Northwesterl}
perpendicular to the _preceding COurse and Southwesterly for a distance
Beginning of the tract of land being described herein; thence
20 seconds and Northwesterly for a distance of 99 feet to the Point of
thence with a deflected angle 'to the left of 39 degrees 40 minutes and
seconds and Northwesterly for a distance of 375.87 feet to a point;
wi th a deflected angle to the lef t of 28 degrees 19 minutes and 40
50 minutes and ~orthwesterly for a distance of 435.94 feet; thence
a point; thence with a deflected angle to the right of 78 degrees and
Boulevard, run Northwesterly along the Northerly right-of-way line
(curb line) of Roosevelt Boulevard for a distance of 30Q.27- feet to
ROOSEVELT BOULEVARD", as rec~rded ~n PIa t Book 2, Page 17, Monroe Coun ty
Records, and the Northerly right-of-w;y line (cur~ line) of Roosevelt
Government Property, as indicated on Plat of Survey of a "PORTION OF
co~mENCING at the intersection of the Southwest corner of the U.S.
International Airport and more particularly described as follows:
A tract of land located within the boundary of the Key West
FOR: J.J. SCARLET, M.D.
UESCRIPTlON OF PHoroSED LEASE AT KEY WEST INTEI\NATlONAL AIRPORT
I
, .
. r
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at his/her 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 ofInsurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709,2
24
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND .
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:
$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
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 extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GL3
Administration Instruction
#4709.2
56