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Resolution 307-1986 Art Skelly Director of Airports RESOLUTION NO. 307 -1986 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY TO EXECUTE A LEASE BY AND BETWEEN THE COUNTY OF MONROE AND MONROE COUNTY MOSQUITO CONTROL DISTRICT FOR CERTAIN PREMISES LOCATED AT THE MARATHON AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute a Lease by and between the County of Monroe and Monroe County Mosquito Control District, a copy of same being attached hereto, for certain premises located at the Marathon Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of October, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~~ Mayor Pro Tern (Seal) Attest :DANNX L. KOLHAGE, Clerk m~HM~ CYer APPROVED AS TO FORM AND UGAL SUFFICIENC~ 8a~~ Attorney's Office '. LEASE THIS LEASE is made and entered into on the day of , 1986, by and between the COUNTY OF MONROE, a political subdivision of the State of Florida, Lessor, herein- after referred to as "COUNTY", and MONROE COUNTY MOSQUITO CON- TROL DISTRICT, Lessee, hereinafter referred to as "MCMCD". WHEREAS, COUNTY owns an airport known as Marathon Airport located in Marathon, Monroe County, Florida, hereinafter. referred to as the "AIRPORT", and WHEREAS, MCMCD is engaged in the operation and maintenance of aircraft for aerial larviciding and aerial adulticiding, and WHEREAS, MCMCD desires to obtain certain rights and privi- leges in connection with the use of the airport facilities, and the COUNTY is willing to grant and lease the same to MCMCD on a non-exclusive basis, upon the terms and conditions hereinafter stated. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does herehy lease unto MCMCD, and MCMCD does hereby lease from COUNTY certain premises and facilities, rights and privileges, as follows: 1) Premises. COUNTY does hereby lease to MCMCD, and MCMCD leases from COUNTY, premises as indicated on the attached Exhibit "A", made a part hereof. 2) Use of the Airport. MCMCD shall be entitled to use, in common with others authorized to do so, the airport facilities and appurtenances, together with all equipment improvements and services which have been or may hereafter be provided at or in connection with the AIRPORT for common use, for all lawful purposes of the MCMCD. 3) Term. The initial term of this lease shall be Ten (10) years, commencing October 1, 1986, and ending on September 30, 1996. MCMCD shall have the option to renew this lease for two (2) additional terms of Five (5) years for a rent increase of ten (10) percent for each additional five (5) year period with all other conditions remaining the same. 4) Rent. During the initial term of this lease, MCMCD shall pay to the COUNTY, rent in the amount of Six Thousand Fifty Two and 80/100 Dollars (6,052.80) per year, payable on or before the first month of each term. 5) Lease Hold Improvemen~s. MCMCD shall have the right to erect an aircraft hanger on the leased premises for aircraft maintenance and aircraft parking. Such buildings, and any other improvements made to the leased premises, shall be made only with the written consent of COUNTY, through its Director of Airports, and shall be made in accordance with all applicable Federal, State, and County building codes and requirements. 6) Common Areas. MCMCD shall have the right to use, in common with others, the AIRPORT space and facilities to permit landing, taking off, taxiing, loading, unloading and servicing of MCMCD aircraft, subject to reasonable rules and regulations of COUNTY as to the use of such common spaces and facilities. 7) Right of Ingress and Egress. MCMCD, its agents, employ- ees, and suppliers shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by COUNTY. 8) Utilities. MCMCD shall be responsible for obtaining electrical service, water service, trash removal service, and similar utility services, as needed, and shall be responsible for paying for its use of such utility services. 9) Assignment. The premises leased hereunder may not be sublet, and this lease may not be assigned without the written consent of the COUNTY. 10) Maintenance of Premises. MCMCD shall be responsible for and shall properly maintain the lease premises, and upon the termination of this lease, shall leave the premises in, at least, as good condition as at the time of the coinmencement of this lease, normal use and occupancy excepted. 11) Insurance. MCMCD agrees to indemnify and save COUNTY harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of MCMCD, its agents, or employees in the use of occupancy of the leased premises and the connnon areas of the AIRPORT facilities by MCMCD. Lessee agrees to carry and keep in force such insurance with a minimum combined limit of liability for bodily injury and property damage of no less than One Million Dollars ($1,000,000.00). The Lessor shall be named an additional insured and will be furnished with a Certificate in evidence of the insurance providing for no less than thirty (30) days notice in the event of material change or cancellation. Lessee shall carry its insurance coverages with a company au- thorized to do business in the State of Florida. 12) Default. The failure of MCMCD to pay any installment of rent when it becomes due or any other charges or fees shall be due within ten (10) days after COUNTY transmit a statement therefore. Further, the failure of MCMCD to perform any other of the covenants of this lease, which failure shall continue for a period of fifteen (15) days after notice thereof is given to in writing by the COtmTY shall also constitute a default under the terms of this lease. In the event of a default, COUNTY may, at its options, 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 paragraph, or to collect any of its rentals or fees or charges due, COUNTY shall be entitled to reasonable attorney's fees. IN WITNESS "~EREOF, the parties hereto caused this lease to be executed as of the day and year above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (SEAL) Attest: Clerk MONROE COUNTY MOSQUITO CONTROL DISTRICT i By ,. /1 . ..l"t:....c~i~an / L(/<{ '. 7' Atte\s// .~,:tia ~L-ii~L--->. Lo~s M. Ryan, Dire tor APPROlIED AS ro ror:u AND LEG/1L S[/!7':fC/[,/\C~~ " a~'''''_._~o--''---'--H-'..''- ~ ./"'1;\ 3:", 0)( -- I OJ_ -CJ) ,...... m_ "Z , I ~ G> " .; I :u " '; i'" I . ~ I , I ni\.'..( ; I Z . I, . Ii I . , t, . 1.' : . G') , --r -'_ --._ 1- ~ I :'; . I --- r- _-. _ . I'. I , .': ! , . '. . ! . I, ! I I I I , ~; fTJ ~ :0 . o . .~I 1/ "":;11 I -:11';11 I <:" , ~~i I, 1::11: . :. Rol' :!,'!: <,1,;1 fTJ :; ~ I :; r )i. I !). 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