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Resolution 049-1990 Communi. ~rvice s RESOLUTION NO. 049 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE ASSIGNMENT OF LEASE BETWEEN J.J. SCARLET AND FRED CABANAS, CONCERNING A HANGAR LOCATED AT 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 the Assignment of Lease betwe~n J.J. Scarlet and Fred Cabanas, concerning a Hangar located at the Key West International Airport, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this ~'IJ day of \. )O.lill"'~' 1990i, A.D. BOARD OF COUNTY COMMISSIONERS OF ~OUNTY' FLORIDA By ~ Mayor/Chairman -- (Seal) Attest: DANNY L. KOLHAGE, Clerk -.CJJ.;. .It?M ,& If- APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By (~t~'V):\, (] Qb Attorney's Office !NOW 617: l d DE N~r 06, ~ I ; 1_:: 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 FLORIOA, 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 \C\ day of December, 1989. Witnesses: , I 1~'I^ ( .) II. \", '-, . (\. ( (\ (/JITS8(H J. , \ B'Y: - .j'/I ,\ (. . J ~-.' ..J ..... I, I ~ L J) WE HEREBY accept the foregoi ng December, 1989. nt of Lease, this 13- day of 14itnessrs: , ( ", ",', , \" I \ i.~ !. ~ l (~ /I/j? ~ FRED CABANAS , (), l 'l ' :Y ^)' 1'"./) ,..r-- . . r tUx) Nc,tary Public, State of Florida ~lv Com:mssiotl txpiri.s c.cl. ~G, 1992 ,.". /-. \:-~...,/.., / / --' .,rr'... ,. / P, ~, ~____~ - '" ~. .,-~>~~...... ._t ( ---,~ foregoing Assignment of Lease, this 24th day of WE HEREBY consent to the January, 1990. COUNTY OF MONROE, STATE OF FLORIDA BY: Mayor/Chairman of the Board of County Commissioners of Monroe County, Florid~ (SEAL) Attest: Clerk 4PPROVEr> AS TO FORM ,.i", ".,i. sufFICIENCY. BY ~~~A". 1', CJQ1e~) Atlo"le~ (' .(y. /' .-" ) --- =r . ~~ ,-' --" /-:"') -..' /. , ~-"'... ," .- ... . ...' II . - I .. . ..... LEAS E AGRED!ENT FOR llt\~lCAR SPACE TIns LEASE AGREEHE~17, ~~adc and entered into this 16th day of 197~, hy and bet'veen the COUNTY May 'OF ~IOtmOE. 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 Lessor hereby leases th:it certain property describ- ed in Exhibit "A" hereto and made a part hereof, located in Key Hest, Monroe County , Florida, subject to the follo\ving conditions and li~itations which the parties mutually a8ree shall apply: "/ The period of this lease shall be from 1. TERM. May 16, 1978 October 22, 1994 until ~unless sooner terminated in accordance herewith. ') The Lessee covenants and agrees to pay the RENTAL, , Lessor in advance as rent for said property ~urin~ the said Lerm of this lease FOUR HUNDRED TWENTY ($420.00) , Doll.:J.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. J. The Lessee agrees to scrict:." RULES AND REGULATIONS. execute, comply with and abide by all applicable rules, regulationn and directives of the Lessor as presently existing or as may be" promulgated, changed or amended fron time to time, and it shall be . the duty of the Lessee to become and remain informed and familiar with the same as promulRated, changed or amende~, 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 tenlinati.on of this lease. .' EXHIBIT "A" ,. " ~ .c..... .. , 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. 5. SAFETY, CORP~CTION, ETC.. The Lessee shall promptly execute and comnly with all statutes, ordinances, rules, orders, regulations, directives and requirements of the Federal, State, County and City Governments and of any and all of their depart- ments and bureaus, applicable to said premises for safety and cor- rcction, prevention and abatement of nuisances or other grievances, in, upon, or connected with said premises and its operation. A. The prompt payment of the rent for said 6. DEFAULT. 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 which the lease is made and acce~ted, 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 a~~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 l.a\v to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and expressly agrees that in the even~ 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 ap,ents or employees may immediately re-enter said .' Page 2 of 9 . . ~ ,';.~.~; :::~~.;~:J...:, ',." '::/'('. . -,'I ,,_:~ i>n':;di.:.;l.'~; ,tIld di~;pll~;S'-~ss L~ssee \-Jithout: legal notice or the insti- tULion i't ;lllY l(~1'.al proce~dinf',s \vhatsocver. ]) . I:l ;lddi Lion to the ~lC ts 0 f de faul t e IsCtvhere deiined, the commission of any of the follmving acts by the Lessee .' shall constiLute a default, and this lease uwy be terminated by the County immediately upon notice in writinp, to the Lessee: Abandon, desert, vacate or discontinue operations on the premises or petiLion [or any bankruptcy or insolvency, or be adjudicated banknl!)L, or make a general assip,nment 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, '.1ilhin a reasonable time. 7. COSTS AND ATTOIZNEY t S FEES. Lessee ap,rees to pay all cos ts and expenses and a n~asonable at torney '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- 'ing but not limitcd to thos~.~overnin~ the payment of rent. 8. FlXTURES. The said Lessee hereby pledges and assigns to the Lessor the fixtures, and goods and chattels of said Lessee, which shall or may be brOUGht or placcd 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- w~se at the election of the said Lessor, and does hereby agree to I pay all costs and charges therefor incurred by the Lessor. 9. ENTRY. The Lessor, or any of its aRents, shall have the right to enter said premises during all reasonable hours, to exmnine the same as may be deemed necessary for the safety, comfort or preservation thereof, and to determine if Lessee is in compli- ance \vith 311 of the aforementioned rulcs I regulations, directives and othclIvisc'. 10. CONDITION OF PJ\ENJ.~ES. ^. The Lcssee acknowledges .anll agrees that he has examined the premises, and is fully advised ".".; ~. : l~' \ (', ! ..... .' of Lhg condition and location Lhereof, and the limitations and restrictions placed on any buildinr" structurc or other object as to heinht, due to the proximity of the landin~ and takeoff areas I)f thc Airport. Lcssee further a~rees to abide by and observe all .' such rcstrictions and limitations, and agrees that the observance of such li~itations and restrictions, whether by municipal, county, state or federal p,overnmental authority, shall not in anywise affect the Lessee's obligations under this lease. B. Lessee hcreby accepts the premises in the condi- tion they are in at' the bep,inning 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, excepting only reason- able wcar and tear arising from the use thereof under this agree- ment. Lessee further agrees to make .Good to said Lessor irnmedi- 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 shall be liable to the Lessor and shall forever hold harmless the Lessor from any a~d all such damage or loss occasioned to the-premises, or any of its other properties caused by the acts or negligence of the Lessee or any person or persons HhoPlsoever including but not limited to employees, guests, passcn0ers. or persons under the control of the Lessee. This agreement is for the use of hangar space only, such space to be uscd 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 unders tood by'" . .and between the parties to this agreement, that the Lessor shall .' faze 4 of 9 Pages , , ':.",......' . .j . .' ,I .;:,~;'c.~~,'}~~~. . '., ,""," ,. .;.w~~~?-:~<il , ,'. , ,.~ ";;:, ;..jji}~{i:::~t~'~. .. . ',., "1:< . .',' 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 resultinr, 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 prel~lises. l2. RELEASE, The Lessee does hereby forever release and discharge the Lessor, its departments, agencies, agents and author- izcd personncl 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. CLAHlS. The Lessee shall defend, payor settle any and all li.ability, demands and claims by or in favor of any person including, but not limited to, the Lessee's agents, servants or employees, against 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, d~mands or claims asserted by any of the aforedescribed, including cost of suit, ,attorney's fees, and any other expenses in connection therevlith, and to payor settle any claims for th~ 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. ll.. 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 ~lOO,OOO/$300,OOO. Any and all of said insurance to be non-cancel- . lable without a thirty-day written notice of .' being given to the Lessor. Pag~ 5 of 9 Pages ,.:~ ...~;..>i.,. Li,~:~~~;f-;;'~: ' ~," ~ ".~<::t\~"~:~I:~~~'. '., I,., ';l.~", ',' t .' ~\. :;..\ ..r~; .;~. '. ""'~"" '.,'" - 15. INSOLVEin. ETC. If thc L~ssee shall become insol- vent or if bankruptcy proceedings sh3l1 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 judicial 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, title or interest in or to the above dcscribed property by virtue of this contract. 16, HEIRS AND ASSIGNS, This contract shall bind the Lessor and its assigns or successors, and the heirs, assi8ns, administrators, legal representatives, executors or successors as the case may be, of the Lessee, l7. TU1E OF THE ESSENCE. It is understood and agreed .betwecn the parties hereto that time is of the essence of this ". contract and this also applies to all terms and conditions con- . taincd hcrein. 18, RIGHTS. The riGhts of the Le~sor 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. SIGNS OR ADVERTISING. It is hereby understood and af,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. ASSIGNNENT, SUBLET AND ALTERATIONS. The Lessee shall not assign this lease, either as an absolute transfer of . .. his title or interest thcrein or thercto or as security for a loan, nor sublet the prcmises, or any part thereof ner use the same, or any part thereof, nor permi t the same, or any part thereof, to be uscd for any other purpose than as above stipulated, nor make any . alterations thercin without the prior written consent of the .... ,~ , ' r., , 1 ....'.r".'.... Lessor. . .' page 6 of 9 Panes , . 21. TAXES. Should any taxes be imposed upon the prem- ises involvcd 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. ?? -... , HAINTENANCE OF PROPERTY. The Lessee agrees 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 appurtenances and contents for unpaid sums due'or to beco~e due for the use of the air?ort facilities or services or damar,c caused to any property of the Les- sar. B. Lessee agrees that he will keep the leased nremises and any buildings that "lay be erected thereon at all times free and clear of any and all liens in anywise arising . out of the activities or use thereof by Lessee, provided, however, '. the Lessee may in good fai th contes t the validi ty of any lien. 2LL RESTRICTIONS. .The Lessee agrees not to conduct, nor allow to be conducted on the leased premise~" any.business ven- tures, enterprises or activities, including, but not limited to, the sale of gasoline, oil, airolane 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 OtVTI 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. HAINTENANCE. 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 be 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 premises , . ','\} 'Pace 7 of 9 Pages .': .' ," . " debris or \vClstc to be blO\m ;:lbout or raised so as to interferc . with or Jisturb the use or enjoyment of any adjacent or adjoining ,premiscs. Further, that the Lessee shall keep and maintain the le;:lscd premiscs and any buildings that may be erected thereon in 'a neat and clean condition. 26. EXCAVATION. THe Lessee agrees that no excavation of any of the leased lands shall be made, and that no soil or earth shall bc rcmoved 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. 28. I~WROVEMENTS. A, The parties specifically agree that during the term of this lease Lessee shall remove any hangar or improvcments erectcd pursuant to this lease at Lessee's ex- pense when Lessor decms it necessary for the operation, control and/or JeveJopment of the airport. and Lessee shall vacate the prcDliscs. Lessor may provide other premises to Lessee for remain- inG 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. .' . Page 8 of 9 Pages t~.~ . .,:! ~" ~ . " . '~"'." .! ,.,'1" .,";..' . DATED at Key West , Monroe County, Florida, the day and year first above written. ..' . I' . . ~ I COU~ MO.NROE. STA;rn' OF FLORIllA..--,- By ~~~- Mayor "and. Chairman of th r oICOun Ly-Commi-s-s4..-one.];'.s -of Monroe County, Florida /; (Seal) Lessor Attest: .'-' , , ,,' (Seal) Lessee Attest: , ...... . ,:". .."... , .r~~: ~...,':~, .J"' ,.~..-; . '1 , ,.. .. I HEREBY CERTIFY that this document has been reviewed for legal suffi. ciency and that the same meets with my approval. '/ /J /J By ,;dlL/ h~ . . Attorney's Office . ""', . j!~' ~: ......~:j~:.~:,,';...,>:L::,:;:~~..1/~"(.t.,>.~ P 9 f 9 P .' ...d.;.:t!"~"\:'..':"'_"J'~:,~dr":'~ age 0 ages ""..,iII-' .....~-:I:-:th~ '1<;, .' . . . . . I ..... .:.. i..-.--:t'li }~~~ 'l."~:$~'" ~ \ ," '.' ..,. .'j ,~. .;l ,,"J..c1;f'. (~: l* . .. . .J ":{I., of .~~: '1;.'~~ ~!l:. ~' . . "~"'J ':'h\~ :\'''~;;~~\1<1i' / . . .: r.:;.~ ,.;~... ". t ,'J',J-'-"Jfj; ~~ . , : :~.... ',' \ '. :L\ ~l.....,:;/_,: :'''.~~.~~:;...~~;/fi!.:. . ., "'~' . """~a.,'lh~' r "" Secretary . !'~'.::\~>~"\;'.< '. /':-.:~"~ ;.; . .. ,.... .' ';..,.. '.( ,.. ".....' (~. 'I~, "." . UESCH lPllOl'l OF PHO!\JSE!) LE,\Sc AT KEY 1~l::ST INTE1U';,\ TlON,\L AIRPORT fOR: J.J. SCARLET, M.D. A tract of land located within the boundary of the Key West International Airport and more particularly described as follows: comlENCING at the intersection of the Southwest corner of the U.S. Government Property, as indicated on Plat of Survey of a "PORTION OF HOOSEV EL T lIOULEV AIW", as recorded in PIa t Dook 2, Page 17, Monroe County Records, and tl~ Northerly right-of-way line (curb line) of Roodevelt Boulevard, run Northwesterly along the Northerly right-of-way line (curb line) of Roosevelt Boulevard for a distance of 300.27 feet to a poin t; thence..- wi th a deflected angle to the right of 78 degrees and 50 minutes and Northwesterly for a distance of 435.94 feet; thence with a deflected an~le to the left of 28 degrees 19 minutes and 40 seconds and Northwesterly for a distance of 375.87 feet to a point; thence with a deflected angle to the left of 39 degrees 40 minutes and 20 seconds and Northwesterly for a distance of 99 feet to the Point of Beginning of the tract of land being described herein; thence perpendicular to the preceding course and Southwesterly for a distance of 60 feet; thence perpendicular to the preceding course and Northwesterl: for a distance of 50 feet; thence perpendicular .to the preceding cour,se and Northeasterly for a distance of 60 feet; thence perpendicular to the preceding course and Southeasterly for a distance of 50 feet back to the Point of Deginning, c PHIl IPS & TR~ SURVEYING, I ~m M. Phillips, Professional Reg. Cert. n 1410 January 5, 1978 Key West, Florida ,.', .' . /. " :::~: - ,.';.