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02/22/1995 Agreement r:-I, ED r'-"R - F ,. I /,_ r u, ~LCORD "95 HAY 23 A 8 :32 LEASE AGREEMENT !.J ,\ ,\;'f ;,' l.'l_ , TH'Il?t~Ji.SE r.i:made and entered into on the JdJ day of ~".b( ~A'y 199.5...., by and between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereinafter referred to as Lessor, party of the first part, and ISTEPHEN P. TURCO, hereinafter referred to as Lessee, party of the second part. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at the Key West International Airport, Key West, Monroe County, Florida, measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof. 2. TERM. The above-described premises are leased to the lessee for a term of five (5) years commencing October 2, 1994. 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of Five Hundred Thirty-six Dollars ($536.00) per year, plus sales tax of Thirty-seven and 52/100 Dollars ($37.52), for a total rent of Five Hundred Seventy-three and 52/100 Dollars ($573.52) 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. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the Lessee as follows: A. The Lessee shall have the right to erect a portable aircraft hangar on the leased premises. B. The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. C. 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. 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 airplanes. D. To pay all utilities, including gas, electricity, water and garbaQle disposal charges, if any, as well as all installation charges that may be required far any such utilities. 2 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 hold the Lessor harmless from any liability by reason of their use of said hangar, including any liability arising out of any accident insured or caused by their equipment, employees, invitees, guests, personnel and/or facilities, and will maintain public liability insurance in a reasonable amount sufficient to protect the Lessor, but not less than $100,000/$300,000. 6. MUTUAL COVENANTS. It is mutually covenanted and agr$ed by and between the Lessor and the Lessee as follows: 1. That at the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises, and remove the aircraft hangar located thereon; however, in the event the Key West International Airport should be permanently closed, and the lands therein cease to be used as an airport during the term of this lease, the Lessee shall retain title to and shall have the right to remove the hangar located on the leased premises. 2. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. 3. 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 3 continuous period of any six (6) months during the term of this lease, notwithstanding anything contained in paragraph 1 herein. 7. SUBLEASE. ASSIGNMENT. Lessee shall have the right during the term of this lease to sublet said shelter and land leased hereunder to another person, upon approval of same by the Lessor, provided said Lessee is not in default of any of the terms of this lease. 8. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon thirty (30) days written notice from Lessor, move said shelter from 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. 9. RENTAL RATE ADJUSTMENT. Rental rates under this leaSe shall 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. 10. RENEWAL OPTION. At the expiration of this lease, Lessee shall have the option to renew this lease for an additional five (5) year period under the same terms and conditions, if agreeable to Lessor. 11. 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 Q>epartment 4 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. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST: DANNYL. KOLHAGE,CLERK BY~...IAL C. &;d~ Deputy Clerk f!i)a~~ - --- - - Witness ~~q~ Witness blAI R/turco. doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cS~-F~14-V MayorlChairman ~~~(,D Stephen P. Turco ;;;;::;;;u .../1 /~rj2Y!-..... 5 .~,. .- - .:;:;~.~ .: ' .~~~:~ ../~< :' '. '--"" ~.. .m ~,~.:: :g" . ex> ....... w ...... ....... \0 J:> " l' ',~>~ ::y:.:-:. c>:.::. .~tf~~; , ~;:F!:. . ~~. .?it .~g~ :G;~~ "\~". t-3 00 ~'. . . ~. J .!';l ! L :;....,t';.. ,. ~,- . .. . . . .. .. - . 7 I , / /' , I , _. I" r J -4. .. .. -_.. ..... '\ . . , -' o " ,. \ I I \ I ~ \ o ~ I it(] "'J ~S11 ~ '\ ~~.. I !ftJ. ~... I ~~ g "- i~--cJI I '~'4 lJ I ffc:J fr:(]' Q ;J... Q ff r-0 j-' I, ta __ '-J ~ ;A. <:- ;b. V} ..., fJ V} \ l> -4 '< - _z l> JT1 -t ::0 l> o z zl~~ J>Gl rrt -0 Z ::Om 0::0 Zl> ".''-' EXHIBIT "A" ,. ...--- if \It M,t. "", .- .... _.. n. ._. I .... ,UClI ~ I I , I 1 tnltn -II"" :\: ON VIla. ,t i+ Ulig '-1 ~..... EE I , I I , I . . 0" I : .. 1 ! 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