01/17/1996 Agreement
lEASE AGREEMENT
THIS LEASE is made and entered into on the 11'f;,{~ay Of~, 1996, by and
between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereinafter
referred to as Lessor. and STEPHEN P. TURCO, hereinafter referred to as Lessee, whose address is
1535 5th Street, Key West, Florida.
IN CONSIDERATION of the mutual covenants, promises and premisest"lerein containe4,
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the parties hereto agree as follows:
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The Lessor of these presents leases unto the Lessee a ~cel of
land at the Key West International Airport, Key West. Monroe County, Florida, measurin~5 fe~~
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in width and 42 feet in depth, as shown on Exhibit A (property map) which is attaches'ere~
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1.
PREMISES.
and made a part hereof.
2. TERM. The above-described premises are leased to the Lessee for a term of
twenty (20) years from date hereof.
3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the
sum of One Hundred Forty-nine and 63/100 Dollars ($149.63) per month, plus sales tax, or One
Thousand Seven Hundred Ninety-five and 56/100 Dollars ($1795.56) per year, plus sales tax, for
the use of said premises during the term of this lease, said rent to be payable in advance on
the first day of each year during said term. term of this lease, said rent to be payable in
advance on the first day of each month or the first day of each year, respectively, during said
term. The rental charge for the term may be adjusted annually in accordance with the
percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers
in the Miami. Florida, area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year. Rental charge for
any lease extension shall be determined pursuant to Exhibit B FAA Required Lease Clause No.1,
paragraph 2. If Lessee places a new hangar or any other new improvements on the leased
land, those improvements, become the property of the Lessor at the end of the lease. If
improvements are not new when placed on the premises, the age of the improvements shall
be established and when that used hangar or other reaches 20 years of age, both the hangar
or other improvement and the underlying land shall be reappraised. Ten percent (10%) of "fair
market value" of the premises with improvements becomes the base rent for the remainder of
the lease and option periods.
4.
LESSOR'S COVENANTS.
The Lessor hereby covenants and agrees with the
Lessee as follows:
A. The Lessee shall erect an aircraft hangar on the leased premises within one (1)
year of the beginning date of this lease.
B. The Lessee shall have the right to occupy the aircraft hangar located on the
leased premises.
C. The Lessee shall have reasonable ingress, egress and access privileges to the
leased premises.
D. No commercial activity shall be performed on the premises.
E. Maintenance of improvements are the responsibility of Lessee.
F. The Lessee, on keeping the covenants and agreements by him herein
contained, shall have quiet and peaceful enjoyment of the demised premises without any
interruptions by the Lessor, or by any person or persons claiming by, through or under it.
5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this
lease.
B. That no construction mortgage or lien of any nature will be placed upon the
hangar located on the leased premises.
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C. That the said hangar shall be used only for the purpose of housing airplanes and
providing for the care, repair and maintenance of such privately owned aircraft.
D. To pay all utilities, including gas, electricity, water and garbage disposal
charges, if any, as well as all installation charges that may be required for any such utilities.
E. To make no improper or unlawful or offensive use of said premises, and to permit
the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of
viewing the condition thereof.
F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all
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 services provided by the
Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or
omission of the Lessee or its Contractor(s), their employees, or agents.
The extent of liability is in no limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
Prior to commencement of work/occupancy governed by this agreement, the Lessee
shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of
this agreement and included, 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
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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
agreement. 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 Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
6.
MUTUAL COVENANTS.
It is mutually covenanted and agreed by and
between the Lessor and the Lessee as follows:
A. That at the expiration of the term of this lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises, including the aircraft hangar located
thereon.
B. This lease shall be binding upon the parties hereto, their successors, executors,
administrators and assigns. Any assignment of this lease shall not become effective until
approved in writing by Lessor. Any assignment shall extend no longer than the term remaining
under this Agreement. The premises may be sub-let with the BOCC approval.
C. This lease shall be automatically canceled, and the title to the improvements on
the leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or
there is evidence that the premises are abandoned for a continuous period of any six (6)
months during the term of this lease, notwithstanding anything contained in paragraph 1
herein.
D. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right
to terminate this lease.
7.
FUTURE AIRPORT DEVELOPMENT.
Lessee shall. upon thirty (30) days written
notice from Lessor, abandon said leased premises if the land is required to accommodate
future airport development or for any other reason as determined by the FAA and Lessor.
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8.
COMPLIANCE WITH LAWS.
Both parties shall comply with all federal.
state and local laws governing the activities under this lease. Lessee covenants that he shall
maintain and operate and use the premises in compliance with 49 CFR. Part 21.
Nondiscrimination in Federally Assisted Programs of the Department of Transportation. as said
Regulations may be amended. More particularly. Lessee covenants that:
a) no person on the grounds of race. color. national origin. or sex shall be excluded from
participation in. denied the benefits of. or be otherwise subjected to discrimination in
the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of services
thereon. no person on the grounds of race. color. national origin. or sex shall be
excluded from participation in. denied the benefits of. or otherwise be subjected to
discrimination.
9. FAA REQUIREMENTS. The parties shall comply with FAA Required Lease Clauses.
which are listed in Exhibit" B." attached hereto and made a part hereof.
IN WITNESS WHEREOF. the parties hereto have caused these presents to be executed on
the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
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Mayor!. airman
Witness
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EXHIBIT
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'3.
EXHIBIT "B"
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FAA REQUIRED LEASE CLAUSES
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l~- This lease shall be ~ubject to review and re-evaluation
at the end of each ~ year period, by the airport
owner and the rent may be adjusted according to their
action, not to exceed the Consumer Price Index rate
during ttle"last ~ month period, or;
Land less improvements ~ill be appraised every 5 years
and the adjusted rental will be based'on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at his expense and les~or/lessee
equally share expense for review appraisal' that
establishes fair market value.
2.
The tenant for himself, his ,personal representatives,
successors in interest, and assigns, as a part of the
consideration hereOf, does hereby covenant and agree
that (1) 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, ~r
national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected
to discrimination, "(3) that the tenant shall use the
premises in compl~ance with all other requirements
imposed by or purshant to Title 49, Code of Federal ,
Regulations, Department ofTransporta~ton, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of
Transportation-Effectuation of Title 'VI of the civil
Rights Act of 1964, and as said Regulations may be
amended. '
That in the event of breach of any of the above
nondiscrimination covenants, Airport Owner shall have
the right to terminate the lease and to re-enter and:{~
if said lease had never been made or issued. The .
provision shali not be effective until the procedures ~
' of Title 49, Code of Federal Regulations, Part 21 are' .....
followed and completed including exercise or expiration.
of appeal rights. -
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It shall be a condition of this lease, that the lessor
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 airspace above the
surface of the real property hereinafter described,
together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft,
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now known or hereafter,used, for navigation of or
flight in the said airspace, and for use of said
airspace tor landing'on, taking off from or operating
on the airport.
That the Tenant expressly.agrees for itself, its
successors and assigns, to ~estrict the height of
structures, objects of natural growtn and other
obstructions on the hereinafter described real property
to such a height so as to comp-Iy with Federal ,Aviation.
Regulations, Part 77. ' "
That the Lessee expre~sly agrees for its~lf, its
SUccessors and assigns, to prevent any use of the
hereinafter described real property which would
interfere with or adversely affect the operation or
maintenance ot the airport, qr otherwise constitute an
airport hazard.
4.
This lease and all prov~s~ons hereof are subject and
subordinate to the terms and conditions o~ the
instruments and documents under which the Airport Owner
acquired the subject property from the United States o~
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 frem
the Airport Owner, and any existing or subsequent '
amendments thereto, and are subject to any ordinances,
rules or requlations"which have been, or may hereafter
be adonted by the ~rport Owner pertaining to the
(( e,/ UJ-e-ST Airport. '
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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 nonexc~usive and the Lasso~ herein
reserves the right to grant similar privi~egas to
another Lessee or other Lessees on other parts of the
airport. '.
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