Loading...
04/14/1999 Agreement LEASE AGREEMENT THIS AGREEMENT is made and entered into this /1/- d day of --d.EJ'C I L 1999, by an between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereinafter called the Lessor, by and through its Board of County Commissioners, and SK II, INC., a Florida corporation, whose address is 600 Front Street - Suite B7, Ke~West t8>rida ...... 3:"" __ .- -. .......,.. ....... IT1 hereinafter called the Lessee. ~2:~ ~ 0 I"?, '. I ~ C"" r-- - ce;' ~........ WITNESSETH: S;o?"~ _ :::0 ....... 0 ~ :;0 -in! rrt I. That the Lessor of those presents leases unto said Lessee a parce~1i~d'8t trg r- C> -, :::0 :> \"'l1 0 0 Key West International Airport Key West Monroe County, Florida, measuring 40 feet in width and 45 feet n depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof, together with all improvements (including an aircraft hangar) located don these premises. II. The term of this lease is five (5) years from the date hereof. III. The Lessee hereby covenants and agrees to pay the Lessor rent in the sum of One Hundred Eighty and 86/100 Dollars ($180.86) per month, plus applicable 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 month during said term. The rental charge is subject to an annual increase equal to the percent of the increase of the c.p.i. for the previous year or to change under a new Rates and Charges Study conducted for, and approved by, Lessor. IV. The Lessor hereby covenants and agrees that the Lessee as follows: 1. The Lessee shall have the right to occupy the aircraft hangar located on the leased premises. 2. The Lessee shall have reasonable ingress egress and access privileges to the leased premises. 3. 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 a person or persons claiming by, through or under it. 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 the 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, sewer 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 it agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F. The Lessee covenants and agrees to indemnify and hold harmless Lessor harmless from any ands 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 wrongful act or omission of the Lessee or its Contractor(s}, their employees, or agents. 2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to the occupation of the premises, the Lessee must have in force and effect the insurance described in Exhibit C and keep such insurance in force and effect during the term of this lease. Exhibit C is attached to this lease agreement and incorporated by reference. G. The premises leased hereunder may not be sublet and this lease may not be assigned without the written consent of the Lessor. V. It is mutually covenanted and agreed by and between the Lessee and the Lessor 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. 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 or evidence that the premises are abandoned for a continuous period of any six (6) months during the term of this lease. 4. lessee shall, upon thirty (30) days written notice from lessor, abandon said hangar if the land is required to accommodate future airport development or for any other reason as determined by the FAA and/or Lessor. 5. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to terminate this lease. 3 6. The Lessee further agrees to abide by the FAA mandated lease conditions and terms attached as Exhibit B and incorporated into this Agreement. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, an the party of the second part has signed these presents, in duplicate, all as of the day and year first above written. (SEAL) \;ATTEST: DANNY L. KOLHAGE, CLERK \~',.t" () '" n ~ c\:BY~C.~ . ""'~c Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ~R~SOLJ.NTY, FLQ)~~ ~ ~ ~ "",r u.~\'\: " . ~ By Mayor/Chairman ~~ tpM~p.~ tj Witn s (fjJ1 ~/J(~ SK II, INC. pair/skiLdoc APPROVED AS TO FORM A E B 4 EXHIBIT lA' PROPERTY ,;~f:' .J..~ .~~ . ;'I-.l!~,. .'\.'1;; . '.1j~.- ~r. :~:-:r ~ ...:.i.. . ....~ "';"'. . ::.~~ . .::.~ ~.~t "..:::. :{f. '- -J.-: ~:l:l. ..... I~ ..~1~ -:.JFt ',>.7; . ....;. -::-: J . . ",:';j' :..~~ ..;:~t "'J:': .' , .,.:-"\ '.l~-.- . \'. . 'r,.' r 1 I . ~",~...-.. ~);',.J1. _'__"_., ;"-../ ...... , , / /' , , , .. .-, , , . '- . o 1 ~ [. - ]' -4.. "---.. " .. ..., .fl '" . . <:7 I f~ .., ~ f !~~ t-JO f 00 f') too .- : (C; o~ g ., po irJ j~ ~'-; v !M .~:}J...... ~ ~ '" t. ~I~ :,: ON UI (t, ,t i+ I UI~ 1 I ...1-1 I I ,,,,, I I E~ " I . I O~ . I T . I /' ~t - \ )> .< - )> -i - o z z I~-i . . ,'I ~ .V1 .- . ~ . , -f - Z rrr :0 )> )> V ::0 o G) rrt I. , , /. .., I -'r ~- --. (> (n f'"\ r<t ): r. r' o ....--~rt .__...- _". 2: ):, -~T- - -.. -~~ ", , ";'J EXHIBIT 'B' FAA REQUIRED LEASE CLAUSES \' ;. t~. . . t I t ". v~~ ,'~ ~/ \:> ,~ RECEIVED . DEe 23 1993 AIRPORTS 10MB FAA REQUIRBD LEASE CLAUS!8 L This lease shall be subject to review and re-evaluation at the end of each ~ year period, by the airport nwnRr and the rent may be adjusted accordinq to their action, not to exceed the consumer Price Index rate durin~ the last ~ month period, or; Land less improvements will be Rppraisad every 5 year. and thu adjucted rental vill be basad on normally 10-12 porcent ot appraisod value. If dicputQd, lessor obtQina appralaal at his exponeo and lessor/lessee equally ahnre expense for review appraisal that e5tabliahea fair market value. .'1 2. The tenant for himself, his pcraonnl representatives, ISUCt;et5S0rs in interc:st, and assigns, aD a pllrt of tho consideration hereof, does hereby covenant and agree that (1) no person on the \jcuumls of race, color, or national origin shall be excluded [rum Vdrticipotion in, denied the benerits or, or be otherw15e subjected to discrimination in the use ot said raoilitle~, (2) that in the construction of any i~provemen~s on, over or under such land and the furnishing ot services thereon, 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, (3) that the tenant shall use the premises in complianoe 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 Federally-assisted proqrams of the Department of Tr~nRpnrt~tion-Effectuation of Title VI of the civil Rights Act of 1964, ftnn AS said Rsqulatlons may be amended. :so That in the event of bruach of any of the aboVQ nondlGcrimination oovenants, Airport Owner ~hall have the right to terminate the lease and to re-unter and as if Baid lease hnd nevor boen made or ioouod. Tho provision shall not be effective until tho prooeduroc of Title 49, Code of Federal Requlation5, ~nrt 21 arc !ulluw~u eUI\1 completed including exercise or expirntion of appeal rlghLt:i. .it Shall be a condition or this l~al:ie, l.haL Lhe le1S50:r reserves unto itselt, its successors and assi9ns, for the use ana Denetit of the pUblic, a right o~ ~li9ht for the passage of aircraft in the airspace above the surface of the real property hereinatter described, together with the right to cause in said airspace 5UCn noise as may be inherent in the operation of aircr~ft, lJ4 now known or hereatter used, tor navigation flight in the said airspace, and for use of airspace for landing on, taking off from or on the airport. of or said operatlnq That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of ~ structures; objects of natural qrowth and other obstructions on the hereinafter described real property' to cuch A hQiqht co as to comply with Federal Aviation Regulations, Part 77. That tho LO~~QO oxpr8.~ly aqreeg for itgelf, its cuoooccorc and assigns, ~o prevent any use of the hereinafter describod roal proportywhich would interfere 'lorith or o.dversely affoct t.ho operat.ion or maint.enance of the airport, or othcrwiGc conatit.uto an airport hazard. 4. This lease and all provisions hereof are 5ubject and t;>uuoI.lllucs. La to the terms and conditions of the instruments and documents under which the Ai:r:port Owner acquired the subject property rrom the Unlt~d 5lat~8 or America and snall be qiven only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands trom the Airport Owner, 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 Airport Owner pertaining to the iC0J::L A Airport. 5. Notwithstandinq anything herein contained that ~ay 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 Lessor herein yeSQrVQS the right to qrant similar privileQes to another Lessf?!e or other I,A~':::AA~ nn nt.hAr I'l~rts of the alrport_ RECEIVED DEe 23 1993 AIRPORTS/OMB EXHIBIT 'c' INSURANCE ( GENERAL LIABILITY INSURANCE REQUIREM.ENTS FOR CONTRACT BET\VEEN ..! 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 ofthis contract. In addition, the period for which claims may be reported should extend for a minimum oftwelve (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. GLl .::9 ~, 1 1996 Edition ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASES/RENT ALS OF COUNTY -OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND " Prior to the Organization/Individual taking possession of the property governed by this lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the LeaseIRental Agreement and include, as a minimum, liability coverage for: Fire Sprinkler Leakage Windstorm Civil Commotion Lightning Sinkhole Collapse Smoke Aircraft and Vehicle Damage Vandalism Falling Objects Explosion Flood The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Administral ion Instruction 1/470').3 2')