4. 08/15/2007 to 08/14/2029....1st Amendment 05/21/2008
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 27, 2008
TO:
Reggie Paros, Director
Housing & Community Development
Florida Keys Marathon Airport Manager
FROM:
Stacy De Vane, Executive Assistant
Pamela G. Hanc~
Deputy Clerk a
ATTN:
At the August 15, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Hanger Lease Agreement between Monroe County and
Hangers On, Inc., tenants, for hangar space at the Florida Keys Marathon Airport.
At the May 21, 2008, BOCC meeting the Board granted approval of Amendment to Lease
Agreement between Monroe County and Hangers On, Inc., Tenants, for hangar space at the
Florida Keys Marathon Airport.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File./
.,
AMENDENT TO HANGAR LEASE AGRE~MENT
Hangers On, Inc.
THIS AMENDMENT (hereafter Amendment) is made and entered into this 21st day of
Mav. 2008 by and between Monroe County, a political subdivision of the State of Florida, whose
address is 9400 Overseas Highway, Marathon, FL 33050, hereafter "COUNTY", and Hangers On,
Inc., a Florida corporation, whose address is 2460 Coco Plum Drive, FL 33050, hereafter "Tenant"
or "Lessee".
WHEREAS, the parties hereto did enter into a Lease Agreement (hereinafter Original
Lease) for use of space at the Florida Keys Marathon Airport; and
WHEREAS, the Original Lease was approved at the regularly scheduled Monroe County
Board ofCOlffity Commissioners meeting held on August 15,2007, and
WHEREAS, the Original Lease requires that Hanger's On provide to the County
certificates of insurance evidencing certain insurance coverage's, and
WHEREAS, Hangers On, Inc. has not provided the required certificates of insurance due to
confusion over the requirements, and
WHEREAS, whereas the Original Lease can not be executed until the appropriate
certificates of insurance are provided, and
WHEREAS, the parties have come to an agreement as to the appropriate Insurance
requirements, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, the parties agree as follows:
SECTION 1. Paragraph 6 of the original agreement is amended to read as follows:
6. The Lessee is responsible for all maintenance and insurance of the hangars, and shall
surrender the hangar, at the conclusion of the Lease, in good condition. Lessee shall at all times
during the term of this lease maintain insurance on the leased premises. If during the term of this
lease one or more of the hangars is damaged or destroyed, then the Lessee must promptly, and at no
cost to the COUNTY, repair or reconstruct the hangar(s). The repair or reconstruction must be
made with the same quality materials and in the same dimensions as the damaged or destroyed
hangar(s). The Lessee shall be responsible for paying for and obtaining all necessary permits for the
repairs or reconstruction. The County, without acting on behalf of the Lessee and without assuming
any responsibility as an agent of the lessee, shall assist the Lessee with the permitting procedures if
requested to do so by the Lessee. Notwithstanding the insurance requirements contained below,
Lessee agrees that in the event insurance proceeds are insufficient to repair or reconstruct the
, ,
Hangars, Lessee shall fully fund any and all costs of repairs or reconstruction not covered by
insurance.
a. LESSEE shall obtain, possess or require its tenants to maintain the following
insurance coverage's and will provide Certificates ofInsurance to LESSOR to verify such coverage:
Aircraft Liabilitv to include Single Limit Bodilv Iniury and Propertv Damage
Liabilitv with limits not less than $1,000,000 (One Million) per occurrence
All Risk Prooertv Insurance to include perils of wind and flood for full replacement
value of building/structure.
General Liabilitv with limits not less than$I,OOO,OOO (One Million) per occurrence
b. The Monroe County Board of County Commissioners will be included as
"Additional Insured" on all policies issued to satisfy the above requirements. All forms of insurance
required above shall be from insurers acceptable to the County.
c. All insurance policies must specify that they are not subject to cancellation,
non-renewal, material change, or reduction in coverage unless a minimum of thirty days prior
notification is given to the Lessor by the insurer.
d. LESSEE shall maintain the required insurance throughout the entire term of
this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the
right to request a certified copy of any and all insurance policies required by this lease. Failure to
comply with this provision shall be considered a default and the COUNTY may terminate the lease
in accordancl~ with Paragraph 15. Any deviations from these General Insurance Requirements must
be requested in writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and be approved by Monroe County Risk Management.
e. LESSEE, at his discretion, may choose to self-insure. If the LESSEE chooses
to self-insure:, LESSEE shall provide a bond for the full replacement value of the structure on the
premises. TIle bond shall be in the form of a performance bond guaranteeing that LESSEE will
restore the premises to their pre-loss state in the event of any fortuitous loss. The replacement value
shall be determined by an appraisal conducted by an appraiser that is mutually acceptable to the
parties. LESSEE may not self-insure until the appraisal has been completed. LESSEE shall not be
permitted to self-insure until COUNTY has reviewed and approved of the bond coverage in writing.
LESSEE shall not permit insurance coverage to lapse and shall maintain insurance coverage as
required by the terms of this lease during any period when bond coverage is not approved and/or is
not provided. for the full replacement value. LESSEE shall obtain insurance coverage(s) for any
areas of liability not covered by the bond.
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IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
duplicate by its duly authorized representative.
(SEAL) .
ATIEST: DANNY L. KOLHAGE, CLERK
By(7~ .Ju
Date ~ \1 <[~~08
BOARD OF COUNTY COMMISSIONERS
OF MO:OE CO'U1' FLORIDA
Mayor/Chairperson
(CORPORATE SEAL)
ATTEST:
By fer4L
Secr
Date 0 r;r1 ~/rJ gI
HANGERS ON, INC.
By lAud;i~
President
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