Item R6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16. 2009 Division: Airports
Bulk Item: Yes XX No - Staff Contact Person: Reggie Paros/Pedro Mercado
AGENDA ITEM WORDING:
Approval ofunirnproved groWld lease at Florida Keys Marathon Airport.
ITEM BACKGROUND: Dr. Jules Beckwitt owns 2 hangar buildings adjacent to the airport. The
buildings have not served as airplane hangars for a number of years and are currently leased out for light
industrial uses. The buildings abut the airport property line with the main entrance to the buildings - the
hangar doors - facing the airport. Dr. Beckwitt has made a request to lease a small strip of unimproved
property for vehicular access to the structures. The County attorney's office contacted the FAA
regarding the lease terms and approval for non-aeronautical purpose. Following FAA guidance the
County attorney's office negotiated a lease employing conditions required by the FAA for the lease of
airport property for non-aeronautical uses. Dr. Beckwirt agreed to the lease and executed it. The
County however had to hold County approval of the lease in abeyance Wltil the ALP update was
completed at the Marathon airport.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approve
TOTAL COST: NIA INDIRECT COST: NI A BUDGETED: Yes nla No -
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY:N/A SOURCE OF FUNDS: nla
REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year $2,430.00
-
APPROVED BY: County At OMB/Purchasing _ Risk Management _
DOCUMENTATION: XX Not Required_
DISPOSITION: AGENDA ITEM # f~&
* REVISED BACK-UP *
Revised 2/05
lEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
Dr. JULES BECKWITT
This lease agreement is entered into by and between Monroe County, a political subdivision ofthe
State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereafter
COUNTY, LESSOR or OWNER) and Dr. Jules Beckwitt, Trustee, Jules I. Beckwitt Revocable Trust
whose address is 775 107th Street, Marathon, Florida, 33050 (hereafter TENANT or LESSEE).
WHEREAS, LESSOR owns property adjacent to and including an airport known as the Florida
Keys Marathon Airport, located in Marathon, Monroe COWlty, Florida, hereinafter referred to as
"Airport"; and,
WHEREAS, LESSEE leased said property from June 26, 1991 until July 2001; and,
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection with
said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and
conditions hereinafter stated, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and
LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit:
1. Premises. LESSOR does hereby lease to LESSEE, and LESSEE leases from the LESSOR, a
135'xI5' parcel of land located at the Florida Keys Marathon Airport, as described in Exhibit "A"
attached hereto and incorporated herein. The premises are leased to the LESSEE for the sole purpose of
providing vehicular access to the hangars, which are located off airport property.
2. Term. The term of the lease shall be five (5) years, commencing 9/16/2009 and ending on
9/15/2014.
3. Rent. The rent for the premises, 2,025 square feet, is $1.20 per square foot, $202.50 per month
or $2,430.00 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the
first day of each month.
Rent shall be paid in equal monthly installments, all of which shall be due and payable on or
before the first day of each calendar month during which this lease is in effect. Upon the failure of
LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and
LESSEE will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty
(30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of
the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the
COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise
constitute a default by LESSEE under the terms ofthis lease. The COUNTY, at its option, however, may
refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to
paragraph 10 of this lease. In the event that any check, draft, or negotiable instrument by which LESSEE
has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient
funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable
late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored
instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the
COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a
dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease.
The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 10 of this lease.
Rent will be adjusted annually on the anniversary of the effective date of this agreement by the
greater of the amount recommended in an approved rates and charges study or by the percentage in
increase in the cpr (U.S. Department of Commerce price index for all urban consumers) for the most
recent 12 months available.
4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased
premIses.
B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have
quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by
any person or persons claiming by, through or under it.
C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon
termination of this lease, shall leave the premises in at least as good condition as at the time of the
commencement of this lease, normal use and occupancy excepted.
D. LESSEE may apply for direct access on to the Florida Keys Marathon Airport as a "through the
fence" operator and LESSOR shall review and consider such request in accord with F.A.A. guidelines at
such time as the LESSEE's leasehold is used for Aeronautical activities. Approval of such request shall be
predicated on FAA guidance and shall not unreasonably be withheld.
5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the
LESSOR as follows:
A. LESSEE is not a "through the fence" tenant and LESSEE will have no direct access
whatsoever from the leased premises on to the property of the Florida Keys Marathon Airport.
B. LESSEE will utilize the leased area solely for vehicular access to the hangars, which are
located off airport property.
C. LESSEE will not use the leased area for storage purposes whatsoever. This paragraph shall
not preclude the parking of vehicles on the leased property; however, vehicles parked for a consecutive 48
hour period shall be deemed to be stored for purposes of this subsection.
D. LESSEE'S hangar door access on to the leased area shall remain closed at all times to
prevent the escape of nuisance or hazardous materials on to the airpoli unless hangar door access is
immediately needed. The requirements of this paragraph shall only apply when the LESSEE'S propeIiy
is being leased or occupied by a tenant engaging in an activity that produces airborne contaminants.
E. LESSEE will institute reasonable precautions to prevent a nuisance or airpOli hazard,
including but not limited to any activities/operations on LESSEE's premises that would affect the
activitiesloperations on the airport, such as: smoke, open flames, blowing dust, paint overspray, et cetera.
F. LESSEE shall pay the LESSOR the rent at the times and in the manner provided for by this
lease.
,
G. During the term of this lease, if LESSEE is granted status as a "through the fence"
operator, any commercial aeronautical activity shall be conducted in strict compliance with the Minimum
Standards for Commercial Aeronautical Activities.
H. LESSEE shall make no improper or unlawful or offensive use of said premises, and shall
permit the LESSOR or its agents to inspect the leased premises at all reasonable times for the purpose of
viewing the condition thereof.
L LESSEE 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 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.
c) LEE SEE will comply with all Federal and Florida statutes, and aU local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 use s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Sees. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or State statutes which may apply to the parties to, or the subject matter of, this agreement. The
LESSEE expressly understands that upon a determination by a court of competent jurisdiction that the
LESSEE has discriminated against any person, this agreement automatically terminates without any
further action on the pati of any patiy, effective the date of the Court order.
J. LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations, Part 77.
K. 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 airpOli hazard.
L. LESSEE expressly agrees for itself, its successors and assigns to prevent release on to
airpOlt property of any contaminants, of any type and in any form whatsoever, generated as a by product
of activity conducted at LESSEE's propelty, including but not limited to fiberglass dust and paint
overspray.
M. LESSEE expressly agrees for itself, its successors and assigns to remediate any damage
caused on AirpOlt property, regardless of ownership of the damaged propelty, as a result of a release of
contaminants from LESSEE'S propelty.
N. This lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner acquired the subject property from the
United States of America and shall be given only such effect as will not conflict or be inconsistent with
the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been,
or may hereafter be adopted by the Owner pertaining to the Florida Keys Marathon Airport.
O. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it
is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the
LESSOR herein reserves the right to grant similar privileges to another LESSEE or other LESSEE on
other parts of the airport.
P. LESSEE expressly agrees LESSEE'S tenants, heirs, successors, assigns or invitees shall be
required to comply with LESSEE'S covenants SA-G.
6. Inspection and Maintenance of Premises bv County. The LESSOR and its
authorized officers, employees, agents, contractors, subcontractors and other representatives shall have
the right to enter upon the leased premises for the following purposes:
a) to inspect the leased premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether LESSEE has complied and is complying with
the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the existing
perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located
on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in
the future as necessary to carry out the Master Plan of development of the Airpolt; provided, however,
that said work shall in no event unduly interfere with the operations of LESSEE and, provided further,
that the entire cost of such work, as a result of the exercise by the LESSOR of its rights hereunder shall be
borne by the LESSOR.
7. Assignment. This lease agreement may not be assigned, or the premises subleased, without
the written permission of the LESSOR which shall not be unreasonably withheld.
8. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation Administration, the TranspOltation Security
Administration or any other governmental agency requires by reason of, or in connection with a violation
of any federal law or regulation, attorney's fees and costs, COUlt costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified patty by reason of, or in
connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees
~:;,
, during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its
employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this lease, this Section will survive the expiration of the
term ofthis lease or any earlier termination of this lease.
9. Insurance ReQuirements.
a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates
of Insurance to LESSOR to verify such coverage:
General Liabilitv. LESSEE shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and
Expanded Definition of Property Damage. The limits shall not be less than:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$ I ,000,000 per Occurrence
$100,000 Property Damage
Vehicle Liability. LESSEE shall provide coverage for all owned, non-owned and hired vehicles
with limits of not less than:
$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
b. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Worker's Compensation, issued to satisfy the above requirements.
c. All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty days prior notification is given to
the Lessor by the insurer.
d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
e. LESSEE shall maintain the required insurance throughout the entire term of this lease and any
extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified
copy of any and all insurance policies required by this lease. Failure to comply with this provision shall
be considered a default and the LESSOR may terminate the lease in accordance with Paragraph] O.
f. Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by
Monroe County Risk Management.
10. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this lease. The failure of
LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen
(15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a
default under the terms of this lease. In the event of a default, LESSOR may, at its option, declare the
lease forfeited and may immediately re-enter and take possession of the leased premises and this lease
shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights
under this agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
11. Books. Records and Documents. LESSEE shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall
repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to LESSEE.
12. Governill1.! Law. Venue. Interpretation, Costs. and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the 'State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and
LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
13. Severab ilitv. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent ofthe stricken provision.
14. Attorney's Fees and Costs. The LESSOR and LESSEE agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing palty shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing palty, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
15. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives,
successors, and assigns.
c.. 16. Authority. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
17. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
18. Adludication of Disputes or Disagreements. LESSOR and LESSEE agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This paragraph does not apply where a default has OCCUlTed under the provisions of this agreement.
19. Coo pera tion. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, LESSOR and
LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. LESSOR and LESSEE specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement. A patiy who requests
the other party's participation in accordance with the terms of this paragraph shall pay all reasonable
expenses by the other party by reason of such participation.
20. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that the only interest of each is to perform and receive benefits as
recited in this Agreement.
21. Code of Ethics. LESSOR agrees that officers at1d employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
22. No Solicitation/Payment. The LESSOR and LESSEE warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the
LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
23. Public Access. The LESSOR and LESSEE shall allow and permit reasonable access to.
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and
LESSEE in conjunction with this Agreement; and the LESSOR shall have the right to unilaterally cancel
this Agreement upon violation of this provision by LESSEE.
24. Non-Waiver of Immunitv. Notwithstanding he provisions of Sec. 286.28, Florida
Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local govell1ment liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for waiver.
25, Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the LESSOR, when performing their respective functions under this Agreement within the
territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
LESSOR.
26. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to
the extent permitted by the Florida constitution, state statute, and case law.
27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the
LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any paliicular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
28. Attestations. LESSEE agrees to execute such documents as the LESSOR may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
29. No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
30. Execution in Counterparts. This Agreement may be executed in any number of
counterparts. each of which shall be regal'ded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
31. Section Headings. Section headings have been inserted in this Agreement as a matter of
convenience ofreference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
32. Cancellation of Lease. LESSOR may cancel this lease agreement by giving LESSEE sixty
(60) days advanced written notice upon the happening of allY of the following events: the appointment of
A receiver of Lessee's assets; the divesting of Lessee's leasehold
estate by other operation of law; the abandonment by Lessee of it's
operations at the premises for a period of sixty (60) days. By the end
of the sixty day notice period, Lessee shall have vacated the premises
and the Lessor may immediately r~-enter and take possession of the
same. If it is necessary to employ the services of an attorney in order
to enforce the Lessor's rights under this paragraph, the Lessor shall
be entitled to reasonable attorney's fees. Lessee may cancel this lease
agreement at any time and with or without cause by giving Lessor ninety
(90) days advance written notice.
33. Federal, State and local law. Lessor shall comply with all
federal, state , county and local ordinances rules and regulations now
and hereafter in force which may be applicable to the operation of it's
business at the airport, including the minimum standards as may be
amended from time to time.
34. FAA Requirements. The parties shall comply with FAA required lease
clauses, which are listed in Exhibit "BU, attached hereto and made a
part hereof.
IN WITNESS WHEREOF, the parties have caused this lease to be executed
this 20th day of December , 2007.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor/Chairperson
~ ;? !JL; ~ LE~ ~ ~.
. "- ~ ~r~ttST-EE
Jules I. Beckwitt, Trustee
Jules I. Beckwitt Revocable Trust
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FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and 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 R month period, or;
Land less improvements will be appraised every 5 years and the adjusted rental will be
based on normally 10-12 percent of the appraised value. If disputed, lessor obtains
appraisal at his expense and lessorllessee 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 furnishing or services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination, (3) that the tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office ofthe Secretary,
Part 21, Nondiscrimination in Federally-assisted programs of the Department of
Transportation-Effactuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport
Owner shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued. The provision shall not be effective until the procedures of
Title 49, Code of Federal Regulations, Part 21 are followed and completed including
exercise or expiration of appeal rights.
3. rt shall be a condition of this lease, that the lessor reserves unto itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in
the airspace above the surface of the real property hereinafter described, together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft,
now known or hereafter used, for navigation of or flight in the said airspace, and for use
of said airspace for landing on, taking off from or operating on the airport.
That the Tenant expressly agrees for itself, its successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the hereinafter
described real property to such a height so as to comply with Federal Aviation
Regulations, Part 77.
EXHIBiT
b~
..,
..
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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 ofthe airport, or otherwise constitute an airport hazard.
4. This lease and all provisions hereof are subj ect to any ordinances rules or regulation
which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Key West International Airport.
5. Notwithstanding anything herein contained that may be, or appear to be, to the contrary,
it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the Lessor herein reserves the right tot grant similar privileges to
another Lessee or other Lessees on parts of the airport.
,