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Resolution 069-1986 ~ Arthur Skelly Director of Airports RESOLUTION NO. 069 -1986 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING AND AUTHORIZING EXECUTION OF A LEASE BY AND BETWEEN THE COUNTY OF MONROE, FLORIDA, AND THE UNITED STATES CUSTOMS SERVICE, FOR OFFICE SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby approves and . authorizes the Mayor and Chairman of the Board to execute a Lease by and between the County of Monroe, Florida, and the United States Customs Service, a copy of the same being attached hereto, for office space at the Key West International Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 7th day of March, 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY'~ ~"~.aJ--.v: '-"-~ t>-~ Mayor/Chairman (SEAL) Attest : DANNY L. KOLHAGE, Clerk J2Lf~.j)L', . er / APPR'ED AS TO FORM A pAL SUFFICl~NC .' ,,- J /( BY -"'---' ,A-1.r?-)/ J An.",.,-. Office LEASE THIS LEASE AGREEMENT made and entered into this 7th day of March , 1986, by and between the County of Monroe, State of Florida, a political subdivision of the State of Florida, hereinafter, referred to as "Lessor" and United States Customs Service hereinafter referred to as "Lessee". WIT N E SSE T H: WHEREAS, the Lessor is the owner of that property known as Key West International Airport, located in Monroe County, Florida, and WHEREAS, the Lessor desires to enter into a Lease Agreement with the Lessee to provide for office space for the United States Customs Service. WHEREAS, the parties desire to put into writing the full and complete understanding between the Lessor and Lessee as concerns the use of a part of the Key West International Airport as office space for the United States Customs Service. NOW, THEREFORE, in consideration of the premises and as pur- suant to Section 6-13 of the Air Commerce Regulations that offi- cially lists Key West as an international airport and Section 6.l2(e) which provides for international airports to provide with- out cost to the Government suitable office and other space for the exclusive use of Federal officials connected with the port and of the mutual covenants and agreements that are contained herein. The Lessor does hereby grant and lease to the Lessee certain property, graphic description attached, located at the Key West International Airport. The lease agreement is for a period of one year, commenc- ing at that point in time immediately after both parties have signed the lease agreement. This lease is to be renewable after 1 year. Both Lessor and Lessee agree to the following: ARTICLE I - PREMISES A. Use of Space for Customs Office. A.l. Lessee shall have exclusive use of leased space for Cus- toms related activities and shall have the right to make repairs and improvements on the property. A.2. Lessee shall maintain premises in a manner that is com- mensurate to that of the premises when this lease agreement com- menced. B. Leasehold. B.l. The leasehold granted herein permits said Lessee to use said leasehold with respect to any arrd all privileges permitted and granted therein explicitly subject, however, to reasonable rules and regulations as promulgated by the Lessor. B.2. Lessee agrees that they will comply with any and all requirements of the statutes, ordinances, rules, orders, regula- tion requirements of either the Federal, State and/or County or City governments and apy and all departments, commissions, and bureaus which may have an application to Lessee's activities. B.3. The Lessee shall have the right of egress and ingress from and to said property. The right to egress and ingress shall extend to Lessee's employees as well as anyone who Lessee allows, by its consent, to enter onto said premises. ARTICLE II - TERM This lease and all the rights herein granted shall become operated and effective on the 1st day of April , 1986, and shall end and terminate on the 31st day of March 1987. It is understood that the term initially granted herein is for a period of one (1) year. ARTICLE III - RENT PATI1ENT NOT REQUIRED Both Lessor and Lessee agree that there is to be no payment of rent for lease of said premises. ARTICLE IV - EXPENSES TO BE PAID BY LESSEE Lessee shall pay $100.00 per month for utilities and $87.00 per month for janitorial service which shall include the following services: daily cleaning of office space and emptying of waste baskets, washing windows, waxing and polishing floors as needed. Clean restrooms daily and provide supplies. Maintain lighting fixtures and electrical outlets, replace bulbs, tubes, ballasts, and starters. ARTICLE V - IMPROVEMENTS REPAIRS AND OPERATION BY LESSEE A. Lessee shall have the right to make improvements on the property, but the improvement shall be made at the Lessee's ex- pense and with the Lessor's written approval. at his own cost and expense, to demised premises, s , walls, in good re- at his outside, to preserve ~ ~ ord~, C. The Lessor may repair, at the expense of the Lessee, all damage or injury to the demised premises, or to its fixtures, ap- purtenances or equipment done by the Lessee or his servants, em- ployees, agents, visitors, or licensees, or caused by moving pro- perty of the Lessee in and/or out of the building or by the in- stallation or removal of furniture or other property, or~:resulting from fire, short circuits, the overflow or leakage of water, steam, illuminating gas, sewer or odors, or by frost or by the bursting or leaking of pipes or plumbing works or gas,.or from any other cause, due to the carelessness negligence or improper conduct of the Lessee or his servants, employees, ~agents,. visitors, or licensees. There shall be no allowance to the Lessee and no liability on the part of the Lessor by reason of inconvenience, annoyance or injury to busi- ness, removal or loss of property, arising from the making of any repairs, alterations, additions or improvements in, or to, any por- tion of the building or the demised premises, or in, or to, the fix- tures, appurtenances or equipment. The Lessor or its agents have made no representations or prom- ises with respect to the said building or the demised premsies except as herein expressly set forth. The taking of possession of the demised premises by the Lessee shall be conclusive evidence, as against him, that said premises and the building of which the same form a part were in good and satisfactory condition at the time such possession was taken. ARTICLE VI - RULES AND REGULATIONS Lessor shall have the right to and shall .adopt and enforce reasonable rules and regulations, which Lessee agrees to observe and obey, with respect to the use of the Airport and appurtenances; provided that such rules and regulations shall not be inconsistent with this agreement nor with the safety and with rules, regulations 3 and orders of the Federal Aviation Administration with respect to aircraft operations at the Airport, with procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to aircraft operations of at the Airport. Lessor shall provide Lessee with a copy of such rules and regu- lations from time to time. ARTICLE VII - DAMAGE OR DESTRUCTION OF PREMISES In the event the premises shall be partially damaged by fire, explosion, the elements, the public enemy or other casualty, but not rendered untenantable, the same shall be repaired with due diligence by Lessor at his own cost and expense. If the damage shall be so extensive as to render such premises untenantable but capable of being repaired within thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense. In case the premises are completely destroyed by fire, explosion, the elements, the public enemy or other casualty, or so damaged that it will or does remain untenantable for more than (30) days, the Lessor shall be under no obligation to repair and reconstruct the premises. If within ninety (90) days after such damage or destruc- tion Lessor fails to notify Lessee of its intention to repair or reconstruct the damage or destroyed premises or to furnish a sub- stantially equivalent facility, Lessee may give Lessor written notice of its intention to then cancel this agreement in its entirety or to cancel, as of the date of such damage or destruction, such part of this agreement as relates only to said premises. ARTICLE VIII - CANCELLATION BY LESSOR Lessor may cancel this agreement by giving Lessee sixty (60) days advance written notice, which is to be served upon Lessee. ARTICLE IX - CANCELLATION BY LESSEE Lessee may cancel this agreement by giving Lessor sixty (60) days advance written notice, which is to be served upon Lessor. (1.) Lessee may cancel lease upon inability to use leased premises because of fire, explosion, earthqua~e, other casualty or acts of God, provided that same is not caused by the negligence or willful acts or failure to act on part of Lessee. (2.) Lessee may cancel lease upon default by the Lessor and the failure of the Lessor to remedy such default for a period of 4 ninety (90) days after receipt from Lessee of written notice to remedy the condition. ARTICLE X QUIET ENJOYMENT Lessor agrees that after both parties have signed this lease and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably have and enjoy the leased premises and all rights and privileges of said Airport, its appurtenances and facilities granted herein. ARTICLE XI - SURRENDER OF POSSESSION Upon the expiration or other termination of this lease or any renewal thereof, Lessee's right to use the premises, facilities, rights, licenses, services and privileges herein leased shall cease and Lessee shall forthwith upon such expiration or termination sur- render the same. Except as otherwise provided in the agreement, all structures, fixtures, furnishings, improvements, equipment and other property bought, installed, erected or placed by Lessee in, on or about the Airport and premises leased' under this lease shall be deemed to be personal and remain the property of the Lessee and Lessee shall have the right at any time during the term of this agreement, or any re- newal or extension hereof, to remove any or all of its property from the premises. Lessee shall restore said premises to its ori- ginal condition as at the beginning of occupancy, ordinary wear and tear, damage by elements, fire, explosion or other cause beyond control of Lessee excepted. ARTICLE XII - INSPECTION BY LESSOR Lessor may enter upon the premises now or hereafter leased exclusively to Lessee hereunder at any reasonable time for any purpose necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its govern- mental functions. All such inspections shall be during business hours; such inspections shall be coordinated with U.S. Customs. ARTICLE XIII - ASSIGNMENT AND SUELETTING Lessee shall not at any time assign this agreement or any part thereof, nor sublet all or any portion of the leased premises here- in without written approval of Lessor; provided that the foregoing shall not prevent the assignment of this agreement to any cor- 5 " poration with which Lessee may merge or consolidateJ or which may succeed all or any portion of the business of Lessee. ARTICLE XIV Notice to Lessor provided herein shall be sufficient if sent by certified mail, postage prepaid, addressed to: A. R.. Skelly Director of Airports Monroe County Key West International Airport South Roosevelt Boulevard Key West, Florida 33040 and notice to Lessee, if sent by certified mail, postage prepaid, addressed to: Harry W. Carnes District Director United States Custom Service for the Miami Area 77 South East 5th Street Miami, Florida 33131 ~; " . " or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XV - INVALID PROVISIONS In the event any covenants, conditions, or provision herein contained is held to be invalid by any court of competent juris- diction the invalidity of any such covenant, condition or pro- vision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either Lessor or Lessee in its respective r~ghts and obligations contained in the valid covenants, conditions, or provisions of this lease. 6 IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed as of the day and year first above written. (SEAL) Attest: CLERK 7 COUNTY OF MONROE, STATE OF FLORIDA By MAYOR/CHAIRMAN OF MONROE COUNTY (Lessor) UNITED STATES CUSTOMS,!SERVICE By /!f:td~ A~'PR 'fD AS TO FORM A lEGAL SUFFICIE"CY. . ~ 8Y ';~'L~~1....__._ ~ .~~ u-~4j.,--- Attorney's Office 0'