Resolution 389-1989
Peter Horton, A.C.A.
Division of Community Services
RESOLUTION NO. 389 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO APPROVE A
SUB-LEASE AGREEMENT, AS AMENDED, BETWEEN ISLAND
CITY FLYING SERVICE AND AIR-SEA KEY WEST, INC.
CONCERNING AIRCRAFT TIE-DOWN SPACE AT THE KEY
WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to approve a sub-lease agreement, as amended,
between Island City Flying Service and Air-Sea Key West, Inc.. a
copy of same being attached hereto and made a part hereof.
concerning aircraft tie-down 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 27th day of June, A.D. 1989.
\..
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
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MAYOR/CHAIRMAN
(Seal)
Attest: I;>.M~ ~ ~OI#AGE:t ~lerk
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ADDENDUM TO BUSINESS LEASE
This addendum, dated the
day of
1989, hereby amends and/or clarifies that certain business lease
dated February 20, 1989, between Island City Flying Serice and
Air-Sea Key West, Inc., as follows:
1. The premises being leased consists of one Aircraft
Tie-down space.
2. The term "landlord's" in paragraph 24 shall be replaced
by the term "Lessor's".
3. The term of this addendum shall not extend beyond the
term of the original lease.
ISLAND CITY FLYING SERVICE
By:
Jack T. Murray, PresIdent
Witnesses
AIR-SEA KEY WEST, INC.
By:
Qobert J. Darack, President
Witnesses
AI'MOtlED AS TO FORM
AND GAL SUFFICIENCY.
BY
~OR~I
.: ~,~._.. .....__..'.'.'~_l_,......,.
of the fi-rst part, and AIR-SEA KEY WEST, INC.
of the County of Monroe and State 01 Florida
h ereinufl er called the lessee or tenant, party 01 the second part:
, hereinalter ealled the lessor, party..,..
Jrht'rez'rr used herein, the term "party" shall include the heirs, personal "pre,cnfatir'l",
SUt'('('SS{)J'S and / or alvdtns of tile resprf'fil'~ parties hereto; the use of the sinl"lar number
,<;h"lI tlldur/r the plural, and t/1t' ,dural the s;nl!ular; tilt' "8t of ""Y I!rndl'r shall int'lude
(Ill t!NIf/rr..... tll~d, il' (UNt, the term" "'tote" a/mil include all/he notes hereilJ delCI'ibed if more
thun mU'
iiitnr55rtq. That; the said lessor does this day lease unto said le8see, and said
lessee does hereby hire and take as tenant under said lessor 'We1n .
~~ One (1) Aircraft Tie-down Space
Ho.
situate in Key West Florida, to be used and occupied by the les8ee
as seaplane commercial tie-do\";Ti and lor
no other purposes or uses whatsoever, for the term 01 four (4) years ,
sqx>>~~~talt.m~{1mc~ . . ~ betinnint the
1st day 01 October , 1988 , and endint the 30th
duy of September , 19 92 , at and lor the atreed total rental 01
FOUR HUNDRED ($400.00) DOLLARS per month Dollars, payable aslollows:
1 . ~ .
all payments to be made to the lessor on the fir8t day 01 each and every month in
advance without demand at the office 01 in the
City of or at such other place and to such other person,
as the lessor may from time to time desitnate in writint.
The following e.-rpress stipulations and conditions are made a part 01 this lease
and are hereby assented to by the lessee:
1. The lessee shall not assign this lease, nor sub-let the premise8, or any part
thereof nor use the same, or any part thereof, nor permit the same, or any part there-
of, to be used for any other purpose than as above stipulated, nor make any altera-
tions therein, and all additions thereto, without the 'written consent of the le8sor,
and all ad4itiolJS, fixtures, or improvelnents which 1nay be made by lessee, except
1nOl'atJle ~}f/7ce furniture, shall become the properly 01 the lessor and remain upon
I he premlses as a part thereof, and be surrendered with the premises at the termina-
tion of this lease.
2. .-Ill personal property placed 07 moved in the premises above described shall
be at the risk of the lessee or owner thereof, and lessor shall nQt be liable for any
damage to said personal property, or to the lessee arisint j'rom the burstint or leak-
ing oj'water pipes, or froln any act of netlitence 01 any co-tenant or occupant8 01 the
building or of any other person whomsoever.
3. That t Ii e tenant shall promptly execute and comply with all statutes,
ordinances, rules, orders, regulations and requirements 01 the Federal, State and
City GOl.'ernrnent and 01 any and all their Departments and Bureaus appjic(1,ble to
said premises, for the correction, prevention, and abatement of nuisances or other
grievances, in, upon, or connected with said premises durint said term; and shall also
promptly comply with and execute all rules, orders and r~tulations 01 the SOuth-
eastern Underwriters Association for the prevention of fires, at his own cost .and
expense.
4. In the el.'ent the premises shall be destroyed or so damated or injured by fire
or other casualty during the life of thi,s atreement, whereby the same 8hall be rend-
ered untenantable, then the lessor shall have the right to render said premises tenant-
able by repairs within ninety days therefrom. Ifsaid prernises are notrendered tenant-
I able wit hin said til.ne, it shall be op.tional with either party hereto. to cancel this lease,
and in the el'ent of such cancellation the rent shall be paid only to the date of such
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, which are hereby nwde a part of this covenant, and of such other and further rules or
regulations as nwy be hereafter made by the lessor, are f;hA cohditions upon which
the 1, : made and accepted and any failure on the. f the lessee to c01nply
l06'ith t he terms of said lease, or any of said rules and re~ulations now in existence, or '
which may be hereafter presnribed by the lessor, shall at the option of the lese or,
work (/ fOlfeil lire of this contract, and all of the ri~hts of the lessee hereunder, and
thereupon the lessor, his agents or attorneys, shall have the right to enter said prem-
ises, and remove all persons therefrom forcibly or otherwise, and the lessee thereby
expressly waives any and all notice required by law to terminate tenancy, and also
u'aives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees t hat in the event of a violation of any of the terms of this lease, or 01
said rules and regulation.c;, now in existence, or which may hereafter be made, said
lessor, his agent or attorneys, may imn~ediately re-enter said premises and disposse~s
lessee u:ithout legal notice or the institution of any lelial proceedints whatsoever. _
6. If the lessee shall abandon or vacate said premises before the end of the term
of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option~
forthwith cancel this lease or he may enter said premises as the atent of the lessee,
by force or othenoise, without beint liable in any way therefor, and relet the premises
wit h or wit houl any furniture that may be therein, as the atent of the lessee, at such
price and upon such terms and for such duration of time as the le8'sor may determine,
and recei7'o the rent therefor, applyint the same to the payment of the rent due by
these presents, and if the full rental herein provided shall not be realized by lessor
over and above the expenses to lessor in such re-lettint, the said lessee .r;hall pay any
deji.ciency, and if more than the full rental is realized lessor will pay over to said lessee
the e.rcess of delnand.
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8. The lessee a~rees that he will pay all char~es for rent, tas, electricity or other
illumination, and for all water used on said premises, and should said chartes for
rent, light or water herein provided for at any time remain due and unpaid for the
space of five days after the same shall have become due, the lessor may at its option
consider the said lessee tenant at sufferance and immediately re-enter upon said
premises and the entire rent for the rental period then ne;-et ensu,int shall at onc.e
be due and payable and nwy forthwith be collected by distress or otherwise.
9. The said lessee hereby pled!jes and assigns to the lessor all the lu,rniture,
fixtures, goods and chattels of said lessee, which shall 01' 1nay be broutht or put 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 otherwise at the
election of the said lessor, and does hereby a~ree to pay attorney's fees of ten per cent
of t he amount so collected or found to be due, totether with all costs and chartes
therefore incurred or paid by the lessor.
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11. The lessor, oranyof his atents, shall have the ritht to enter said premises
aurill~ all reasonable hours, to examine the same to make such repairs, additions or
alterations as nwy be deemed necessary for the safety, comfort, or preservation
thereof, or of said building, or to exhibit said premises, and to put or keep upon the
doors or windows thereof a notice "FOR RENT" at any time within thirty (30) days
before tile expiration of this lease. The right of entry shall likewise exist for the pur-
pose of removing placards, si~ns, fixtures, alterations, or additions, which do not con-
furm to this agreelnent, or to the rules and regulations of the buildin~.
12. Lessee hereby accepts the premises in the condition they are in at the be-
ginning uf this lease and atrees to maintain said premises in the same condition,
order and repair as they are at the commencement of said term, exceptint only rea-
sonable loear and teal' arising from the use thereof under this a!jreement, and to make
good to said lessor immediately upon demand any damate to water apparatus, or
electric lights or any fixture, appliances or appurtenances of said prem,ises, or 01 the
building, caused by any act or n€glect of lessee, or of any person or persons in the
employ or under the control of the lessee.
13. It is expressly agreed and understood by and between the parties to this
agreernent, that the landlord s hall not be liable lor any damate or injury by water,
which nwy be sustained by the said tenant or other pe"rson or lor any other damade
or injury resultint froln the care.lessness, netlitence, or improper conduct on the
part of any other tenant or atents, or employees, or by reason of the breakate,leak-
a~e, or obstruction of the water, sewer or soil pipes, or other leakate in or about the
said buildin!!.
14. If [he lessee shall become insolvent or if bankruptcy proceedints shall be
be~un by or a~ainst the lessee, before the end of said tenn the le880r is hereby ir.revo-
cably authorized at its option, to forthwith cancel this lease, as lor a default. Lessor
may elect to accept rent from such receiver, trustee, or other judicial officer durint
the term of their occupancy in their fiduciary capacity without effectint le880r's
ri~hts as contained in this contract, but no receiver, trustee or other judicial otJicer
shall ever have anu right, title or interest in or to the above described property by
virtue 0/ Udc; f' '
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16. This contract shall bind the lessor and its assigns or successors, and the
heirs, assi~'ns, administrators, legal representatives, executors or successors as the
~(tse may be, of the lessee.
17. It is understood alld a!!reed between the parties hereto that time is of the
essence of this contract and tlds applies to all terms and conditions contained
herein.
18. Tt is understood and a~reed between the parties hereto that written notice
mailed or delivered to the premises leased hereunder shall constitute suffLcient
notice to the lessee and written notice mailed or delivered to the office of the less.Qr
shall constitute sufficient notice to the Lessor, to comply with the terms of this
contract.
1.9. The rights of the lessor under the foregoing shall be cumulative, and failure
on the part of the lessor to exercise promptly any rights given hereunder shall not
operate to forfeit any of the said ri~hts.
/dO. It is further understood and agreed between the parties hereto that any
charges against the lessee by the lessor for services or for work done on the premises
by ord er of the lessee or otherwise accrzdng under this contract shall be considered as
rent due and shall be included in any lien for rent due and unpaid.
21. It is hereby understood and agreed that any sitns or advertisint to be used,
indudill g awnings, in connection with the premises leased hereunder shall be first
submitted to the lessor for approval before installation of same.
22. Lessee acknowledges that this is a sub-lease from Lessor
subject to all terms and conditions of the main lease between
Island City Flying Service, Inc. and Monroe County.
23. Lessee agrees to maintain public liability insurance in an
amount not less than $1,000,000.00 naming the responsible parties
as their interest may appear. ,
24. Lessee agrees that Lessee is not the only user of portions
of the property of Lessor and that Lessee shall not interfere
with the quiet enjoyment of other Lessees of Lessor. Lessee
further acknowledges that it will not be the landlord~s
responsibility to enforce the teims of this paragraph.
25. Lessee or Lessor may terminate this lease upon 60 days
notice at any time without cause.
s P;~~. Le s see shall, be allowed to" p~~~ ~~e i~i/:'~~~~,):~)he j);,-~_Si!.P-
27. Lessee acknowledges and agrees that Lessor may from time
to time be required to utilize the leased space for other
purposes. Lessee agrees to move any personal property located on
the leased prem~ses to any other location designated by Lessor of
equal size.
(Continued)
1Jn lIitnenn IIl1erenf. the parties hereto have hereunto executed this
instrulnent for the purpose herein expressed, the day and year above written.
8'tgnl'b. J;l'sll'b snb mrUurnb in pnsrntt of:
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.1s fO LeJsor
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.1s to Lessee
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By: Robert
,:.;~.5/..?~
~tutr nf Ilnnri~a.
}
<t!ounty of
3J llitrrby C!!rrttfy. That on this day personally appeared before me, an officer
duly authorized to. administer oaths and take acknowledgments,
j(l( K. -r. !'it,\rr",,-(.} Robe( 1- J. Ol\rAC- k
to me 70ell known to be the person described in and who executed '"'the foreeolnt
Lease, and --t/,\!..{,; acknowledged before me that --Mt!A..I executed the same
for the purpose:1 the.,-"e, in expressed. I
/ 1In ~ttnrs "41'rl'uf. I have hereunto set my hand and al/l-Xed my official
seat ai Ktl.1 tA-'f~. said County~nd State, this :20#-....
dayof Ft'()(4.Io."Y ,.I1.D.19~(.1 1::!.u:t:.J-~
Notary Public . ....,MII
.My Commission Expk~~
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28. Lessee agrees to abide by all rules and regula~ions of
Lessor concerning the occupancy and use of the leased premises.
This includes rules in existence on the date of this lease as
well as all additional rules promulgated by Lessor so long as
said additional rules are applicable to all Lessees of Lessor.
29. Lessee agrees to pay as additional rent all applicable
sales tax.
30. In the event Lessee sells Lessee's business, this lease
shall be assignable subject to prior consent of Lessor and Monroe
County. The consent of Lessor shall not be unreasonable withheld
if assignee is financially responsible to carry out the terms of
the lease.
31. All required insurance shall name Lessee and Lessor as
their interest may appear.
32. Lessee shall be entitled to c~mmercial fuel rate when
purchased from Lessor.
33. Lessee shall be allowed to utilize the premises for normal
charter of amphibious-type aircraft operations only. This right
shall include flight instruction of seaplanes.
34. Lessee will be provided equal advertizing space as
provided other Lessees from Lessor.
35. Lessor agrees not to enter into the same tfpe operation
during the term of lease, nor will Lessor contract commercial
space for operations equivalent in nature.
36. Lessee agrees pursuant to Paragraph 23 to name Monroe County as its
interest may appear as the primary Lessor.
-.
':'PPROiltD AS ;-0 FORM
. ::'f U,,"'?'J SUFnCIENCY.
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