Consent to Assignment 03/21/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 4, 2007
TO:
Suzanne A. Hutton
County Attorney
ATTN:
Kathy Peters
Executive Assistant
Pamela G. Hanc ~
Deputy Clerk OU
FROM:
At the March 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Consent to Assignment of Lease Agreement for the West
Bay of Hangar One at the Florida Keys Marathon Airport from Robert Defield, Assignor to David
Rice, Assignee.
Enclosed is a copy of the above-mentioned for your handling. Should you have any
questions please do not hesitate to contact this office.
cc: Finance
File""
CONSENT TO ASSIGNMENT
~
This Consent to Assignment is entered into thisc9/ day of~007, by and
between Monroe County, a political subdivision of the State of Florida, hereafter County,
Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows:
1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys
Marathon Airport, Marathon, Florida, through an Agreement dated
O(..~&tll!. I q '17 , hereafter the original agreement, and renewed on
F~A-I\ 'f I 'I, 2..003 . The original agreement and renewal agreements
:are attached and incorporated into This Consent to Assignment.
2. By a change of ownership effective /..s - tJ 7 from Assignor to
Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and
iinterest in the original agreement.
3. Monthly rent payments shall be made payable to Monroe County and sent to the
Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050.
4.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: ~A}~
Mayor/Chairman
BY~-~
Notary Puhlic, State ofFL
3: 0
~ >-
ASSIGNEE ;;0 n Z
:? .y 0,2':
BY: .o~V;~~~~
~~J;_::~
David Rice ':Gr:~
133 Mockingbird Lane';;=-i::;:
Marathon, FL 33050 ' f;:;
>-
LOUIS R. DroLl{
(SEA,L) NOT~YPUBUC - STAT:, O(~ Fll)Ri'
CO~,MISSION # 0028720,
EXPIRES 02103/2008
BONOEDTHRU 1-688-NOTAR'l'l
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BY:~
o ry Public, State ofFL
ASSIGNOR
By:
(SEAL)
Robert Defield
11425 Overseas Highway
athon, FL 33050
jGj t1. r~~ ;:;.
This lease renewal agreement Is made and entered Into this day of -"'C-O ,
2003. by and between MONROE. COUNTY, a political subdivision of the State of Florida, whose
address Is the Marathon Airport, 9400 Overseas Highway, Marathon, Fl 33050, hereafter
COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address Is 11425 Overseas Highway,
Marathon, FL 33050, hereafter TENANTS. The parties agree as follows:
I .ac. Rl!N~AL AGREI!MENT
WHEREAS, the October 15, 1997 lease, hereafter Original lease, between the parties (with
Original Tenant Charles Pierce's interest assigned to Robert DeFleld) Provided that It could be
renewed for three additional five-year terms;
WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to
renew 30 days or more prior to October 31, 2002, as required by the original lease, but that
Inadvertence should not result In the lease renewal being refused; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The COUNTY hereby waives and forgives the failure of the Tenants to provide
written notice of their intent to renew 30 days or more before October 31, 2002.
2. The original lease Is hereby renewed for an additional five-year term beginning on
November 1, 2002 and ending on October 31,2007.
3. Except as provided In paragraph two of this renewal agreement all the terms and
conditions of the original lease remain In full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first
above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
L~J# >n Lf" '-u
Mayor/Chairperson
J,qJL
7
WITNESSES:
jdalmengardelleld
LEASE AGREEMENT
I'Ld AOr -...c" .~h.4-'
This lease agreement is made and entered into this --- day of (./ '- , v ....-~
1997. by and between Monroe County. a political SUbcflVision of the State of Florida. whose address is
,
the Marathon Airport. 9400 Overseas Highway. Marathon. FL 33050. hereafter COUNTY. and Charles
Pierce and Bob Cayce. whose respective addresses are # I 47th Street. Gulf. Hurricane Harbor.
Marathan. FL :!305O and 5996 Overseas Highway. Marathon. FL 33050. hereafter TENANTS. The
parties agree CIS follows:
I) The COUNTY leases the property described in Exhibit A - hereafter the premises - ta
the TENANTS f,or a term of five years. beginning an
ID lIS-
.
. 1997 and ending on
10/31
.
. 2002. Exhibit A is aHached to and incorporated into this lease agreement
by reference. The TENANTS may renew this lease agreement for three additional five year terms by
providing the COUNTY with wriHen notice of their intent to do so thirty days or more in advance of
::r ~o""'l1
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the term's expiration date. $nS: <- ~
0,- :",: ?;: C
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2) lrhe rental payment for the premises during the first year of this agrell~isNl';(l.m
OM. L"J-- C
C:iiA ::0
per month. plus the applicable sales tax. payable at the Airport Director's Office. ~n i9P~
:<:-<:x: Co) n
9400 Overseas Highway. Marathon. FL 33050. The monthly rental payment will in~ foL.ea~
;to ... \D b
successive year of the first ten years by the following amount: the total rental amount for the year
multiplied by the increase in the consumer price index (c.p.!.) for the Miami/Ft. Lauderdale area
divided by twelve. Rent may be paid by the month or year at the TENANTS' option. In the second
ten years the rent wUl be changed at fair market value. established after an appraisal of the premises
and calculated pur::uant to the then current rates and charges study.
3) 0) The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of the second term (ten years from the commencement of this
lease agreement). the hangar will become the property of the COUNTY. If the TENANTS elect not to
renew this lease at the end of the first term. then they may remove the hangar from the premises if
they do so by the end of that term. If the hangar remains on the premises after the expiration of the
initial term. and the TENANTS have elected not to renew. the hangar becomes the property of the
COUNTY. Further. If. during the fllSt two five-year terms. the TENANTS depart the premises as a result
of their breach of this agreement. then the hangar wm become the property of the COUNTY.
tl) The TENANTS must make the following capital improvements to the hangar.
reseal the asphalt hangar pad. install new tie downs. repair the X-broces. secure the roof beam by
the ground cables on the east and west side of the hangar. and upgrade the utilities (water and
eleclrlc) to fl,e standards established by the Monroe County Building Code. The capital
improvements must be completed within the first lwo years of the initial term. All the capital
improvements just described must be Inspected and approved for building code compliance by the
Monroe County Building Department. .
c) (i) The TENANTS may not conduct any commercial activity or operate an FBO
on the premises without the permission of the COUNTY. The premises are leased slrlclly for use
by the TENANTS' private aircraft.
(iI) The TENANTS must keep the COUNTY's Marathon Airport Director apprised
of the names of persons and their aircraft that the TENANTS have authorized to use the hangar
facilities. The Director must be notified as soon as possible when an authorized occupant is
added or deleted.
d) The TENANTS are responsible far the maintenance of the hangar for the first
and second te~ of this lease (the first ten years). After that. the COUNTY wUI assume the
responsibility for the hangar's structural maintenance, with the TENANTS respansible for all other
premises' maintenance. Both parties must perform their maintenance of the hangar and related
improvements in accordance with all applicable laws. rules and ordinances.
4} If the premises are needed far the expansion of the Airport or the FAA requires the
removal of premise improvements. then the COUNTY may cancel this lease with thirty days written
notice to the TENANTS. Upon such termination, the COUNTY will have no further obligation to the
TENANTS, including the obligation to pay money or any damages. The COUNTY must also remove
the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during
the tirst or sece,nd terms. the COUNTY must dismantle and retum the hangar to the TENANTS at any
place designated by them within the AirPort that is acceptable to COUNTY.
5) The TENANTS may assign this lease with the approval of the Board of County
Commissioners. whose approval may not be unreasonably withheld.
6) The TENANTS must not authorize, permit or suffer any construction mortgage or other
lien of any nature to be placed on the hangar.
7) The TENANTS must pay all utilities, including gas, eleclrlcity, water and soRd waste
disposal charges, it any, and any installation charges that may be required for those utilities.
8) The TENANTS must not malee any unlawful or off~nsive use of the premises and must
permit the COUNTY or its agents to inspect the premises at all reasonable times.
91 The TENANTS must obtain - and Ieeep In effect during the term of this lease - the
insurance deSClibed in Exhibit B. Exhibit B is attached and incorporated into this lease agreement.
2
The TENANTS may not begin this occupancy of the premises. regardless of the commencement date
of this lease. until they furnish proof satisfactory to the COUNTY's Director of Risk Management that
they have obtained the insurance policies required by Exhibit B.
10) TENANTS covenant and agree to indemnify and hold hcumless the COUNTY from any
and 011 claims for bodily injury (including death). personal injury. and property damage (Including
property owned by Monroe County) and any other losses. damages and expenses (including
attorney's fees) which arise out of. In connection with. or by reason of the TENANTS' utilization of the
property govemed by this lease agreement.
The extent of liabHlty Is in no way limited to. reduced. or lessened by the insurance
requirements contained In paragraph 9 and Exhibit B.
11) aJ The TENANTS for themselves. their personal representatives. successors in
interest. and auigns. as 0 port of the consideration hereof. do hereby covenant and agree that
I) 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 of services thereon. no person on the grounds of race. color or national
origin sholl be excluded from participation in. denied the beneflls of. or be othE!fWise
subjected to discrimination;
3) that the TENANTS sholl 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 of the Secretary. Part 21. Nondiscrimination in Federolly-
assisted programs of the Department of Transportation - Effectuation of rifle VI of the Civil
Rights Act of 1964 and as said Regulations may be amended.
1:>1 That in the event of breach of any of the above nondiscrimination covenants.
the COUNTY shall hove 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 TIfte 49. Code
of Federal Regulations. Part 21 are followed and completed including exercise or expiration of
appeal rights.
c:) It shall be a condition of this lease that the COUNTY 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 clirspace above the surface of the real property -herein described. together with the
right to couse in said airspace such noise as may be inherent in the operation of aircraft. now known
or hereafter used. for navigation of or fBght in the said airspace. and for use of said airspace for
landing on. taking off from or operating on the airport.
d) That the TENANTS expressly agree for themselves. their successors and assigns.
to restrict the height of structures. objects of natural growth and other obstructions on the herein
described real property to such a height so as to comply with Federal Aviation Regulations. Part 77.
3
e) That the TENANTS expressly agree for themselves. their successors and assigns.
to prevent any use of the herein described real property which would Interfere with or adversely
affect the operation or maintenance of the airport. Of. otherwise constitute an airport hazard.
f) This lease and all provisions hereof are subject and subordinate to the terms
and conditions of the Instruments and documents under which the COUNTY 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 said lands from the COUNTY.
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 COUNTY pertaining to the
Marathon Airport.
g) 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 COUNTY herein reserves the right to grant similar privDeges to another tenant
or other tenants on other parts of the Airport.
12) This lease will be automatically canceled. and the title to the improvements on the
leased premises will revert to the COUNTY. should the TENANTS fail to occupy the premises within six
months of the commencement of this lease or if. during the term of the lease. the premises are
abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding
anything contained elsewhere in this lease agreement.
131 The TENANTS. on keeping the covenants and agreements set forth in this lease. are
entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by. through or under the COUNTY.
14} All communications between the parties should be between the following persons at
the following addresses:
Marathon Airport Director
Marathon Airport
9400 Overseas Highway
Marathon. F~ 33050
Mr. Charles Pierce
# 1 47th Street. Gulf
Hurricane Harbor
Marathon. FL 33050
Mr. Bob Cayce
5996 Overseas Highway
Marathon. FL 33050
The parties agree that any communication required from the COUNTY to the TENANTS will be
considered sent and delivered if sent and delivered to either Tenant. Any communication required
from the TENANTS to the COUNTY will be considered sent and' delivered if sent and delivered by
either Tenant.
15) ,~ny action taken by either Tenant under this lease will be binding on the other Tenant
as if the action had been undertaken Jointly.
4
16) The TENANTS under this lease are to be considered joint tenants with a right of
survivorship. In the event of the death of either Tenant. the surviving Tenant will automatically
acquire and ClSSume all the deceased Tenant's interests. obligations. duties and privileges under this
lease ag;eement.
17) The TENANTS warrant that they have not employed. retained or otherwise had act on
their behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10-
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of this provision. the COUNTY may. in its discretion. terminate this lease without
liability and may also in ils discretion. recover from the TENANTS the full amount of any fee.
commission. percentage. gift or considieration paid to the former COUNTY officer or employee.
Venue for any litigation arising under this lease agreement must be in a court of
tion in Monroe County. Rorida.
HEREOF. the parties have set their hands and seal.
L. KOLHAGE. CLERK
By ~PT.h~DM.J
De CI
By
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~~;,~ ~(lu~
d.. L t., ~
TENANTS
By a..."l...J 'Y :,,~
Charles Pierce
~ 7 ( .
By v ,;/ tZ,-;4 g,{ )
Bob Cayce
jairihongarmo
5
AIRCRAFT CERTIFICATE OF INSURANCE
Date: MAY 07, 1997
Named Insured And
Address:
CAYCE'S EXCAVATION, INC.
C/O BOB CAYCE
5996 OVERSEAS HIGHWAY
MARATHON FL 33050
CERTIFIED
COPY
Company
POlicy Number
Effective Date'
Expiration Date
AMERICAN EAGLE INSURANCE CO
AFX0221505-02
04/23/1997
04/2311998
The following describes the liability.coverage provided and the
aircraft insured under the policy referenced above:
Coverage
combined single limit bodily Injury and Property
damage liability
AIRCRAFT INSURED
LIMITS OF LIABILITY
Each Passengers Passenger
Occurrence Are Sub-Limit
FAA
Number Year Manufacturer Model
N812T 1974 BEECH
E-55
$ 1,000,000 INCLUDED
N/A
This Certificate is issued to:
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS/RISK MANAGEMENT
3100 COLLEGE ROAD
KEY \iEST FL 33040
with whom we agree, if possible, to notify 30 days before date of
cancellation if policy should be cancelled, but the Company shall not
be liable in any way for failure to give such notice.
Coverages are subject to all policy terms, conditions and exclusions.
Approved:
~~
Company Representative
Form IlCER1 (1/92)
'o".:::nW1;p, O!S~ """", "",.
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CAYCE'S EXCAVATION, INC
C/O BOB CAYCE
5996 OVERSEAS mGHW A Y
MARArnON, FL 33050
May 22, 1997
RE: POLICY NO: AFX0221505-2
AIRCRAFT: 1974 BEECH BARON E55, N812T
Dear Mr Cayce:
We are pleased to enclose your insurance policy which replaces the temporary evidence
of coverage previously forwarded to you.
Please read your policy carefully to be certain the coverages are exactly as desired. Pay
particular attention to the sections regarding approved pilots and uses to be sure they meet
the stated requirements.
In the event the policy is not correct, please notify us at once.
We appreciate this opportunity to again be of service. If additional or higher limits of
coverage are desired or you have any questions, please don't hesitate to give us a call at
1-800-835-2677. Thanks again.
Best regards, ~ _. ~ ~
-e~~ (/llj
Account Manager
lpak
Enclosure(s)
cc: Monroe County Board of County Commissioners - Certificate ofInsurance
IJDN
Aon Risk Services
MS BEVETTE MOORE
CITY OF KEY WEST
5100 COLLEGE ROAD, COMMUNITY SERVICE DIVISIQN.,-
KEY WEST, FL 33040 '
December 15,1997
Sl.'tlOd'tl\'J
~S--
03M3~3
RE: INSURANCE CERTIFICATE OF INSURANCE
FOR: CAYCE'S EXCAVATION, INC
1974 BEECH E-55, N812T
Dear Ms. Moore:
Attached please find an "EXACT COPY" of the Certificate of Insurance which we
faxed to you this date per your request. The original of this Certificate was
mailed out to Monroe County Board of County Commissioners on May 22, 1997,
See copy of our letter which was mailed to the insured.
If you have any questions, please don't hesitate to give me a call at 1-800-835-
2677. Thanks again.
Best regards, ,
-U1__;~ (20 -- ~)
~~;'(f~ King '~
Account Manager
Ipak
Enclosure(s)
Au" Risk SWVi&tI, Inc. of Kansas. Fomurly Rollins HNdig H4/1 oflvl1IJAJ, inc.
Mid-Continent Airport. P.G. Box 9210. Wichita, Kansas 67277-9210
eel, (800) 835-2677 0,(316) 943-9331 .' fax, (316) 942-6713
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EXHIBIT 'B'
1996 Editiotl
c
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACf ADMINISTRATION
MANUAL
Genenllnsunnce Requirements
for
AirportJ Aircnft Aetivities
Prior to the commencement of work governed by this contract (mcluding the pre-staging of
persoDIlel and material), the Vendor sbaII obtain, at hislher own expense, insurance as specified
in the attached schedules, which arc made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract (including prc-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
until the required insurance hJ!; been reinstated or replaced.
The Vendor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
. Certificate of Insurance
or
. A Certified copy of the actuaI insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. .
AU insurance policies must specify that they.are- not subject to caJl('.l'!IIRtion, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners. its eniPloyccs and officials will be
. included as n Additional Insured" on all policies. except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared fonn entitled "Request for Waiver of Insunnce Requirements" and
approved ~y Monroe County Risk Management.
Administration Instruction
'4709.2
24
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Momoe County Board of County Commissioners shall be named as Additionallnsured on
all policies issued to satisfy the above requirements.
GLl
Adminislra'ion Inslruction
#4709.2
54
AOPA Insurance Agency, Inc.
�/1r1A P.O.Box 9170
��+�•� Wichita, KS 67277
INSURANCE AGENCY INC. I� I�
AIRCRAFT CERTIFICATE OF INSU ANC -_S tJ4VF�D
Date:06/0512008 I
This Certificate is issued to
Monroe County Board of County Commissioners
Airport Business Office Key West International Airport
Key West FL 33040 -- -------- ?i- _
Descriptive Schedule
Named Insured and Address: V�**���5
David P Rice ConsultingingIncInc
133 MOCKINGBIRD LNcf) IdL�l`/"0
MARATHON, FL 33050 `Z C� i l ^
Company Phoenix Aviation Ins. (West) '-"v�� wx, 1'P- /1
Policy Number AV09049402 f� W
Effective Date 06/18/2008
Expiration Date 06/18/2009
Aircraft Covered N73790 1972 CESSNA 182P
COVERAGES LIMITS OF LIABILITY
Single Limit Bodily Injury& Each Occurrence: $1,000,000 CSL
Property Damage Liability
0 Including Passengers
or
❑ Including Passenger Sub-Limit: Each Passenger'. N/A-Combined Single Limit
Aircraft Physical Damage Agreed Value: $61,000
O Ground&Flight,or
❑Not in Flight Only,or
❑Not In Motion Only.
Deductible Not In Motion $0
Deductible In Motion $200
The entity shown above is included under Aircraft Liability Coverage as an Additional Insured but only to the extent of liability
arising out of the Named Insured's ownership, maintenance or use of the Covered Aircraft. If the company cancels, the
company vnl send 30 day prior written notice to the above. The company shall not be held liable for failure to give such notice.
Notice is hereby given that AOPA Insurance Agency is not the Insurer hereunder and shall not be held
liable for any loss or damage nor for failure to provide Notice of Coverage Cancellation.
The above coverages are subject to all policy terms,conditions and exclusions.
Approved By:
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CER➢NS DOC CERrFICAm HI-IN
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AIRPORT ADMIN.