11/19/2008 Lease
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 2, 2008
TO:
Reggie Paros, Director
Housing & Community Development
Florida Keys Marathon Airport Manager
FROM:
Stacy De Vane, Executive Assistant
pameWG,HanC~
Deputy Clerk
ATTN:
At the November 19, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement to rent counter and office space at the
Florida Keys Marathon Airport to Collins Aviation, LLC, on a month-to-month basis, at
$1,133.00 per month plus tax.
Enclosed is a duplicate original 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./'
LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
COLLINS AVIATION, LLC
This lease agreement is entered into by and between Monroe County, a political subdivision of the
State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereafter
COUNTY, LESSOR or OWNER) and Carol J. Collins, Collins Aviation, LLC,whose address is 5409
Overseas Highway #367, Marathon, Florida, 33050 (hereafter TENANT or LESSEE).
IN CONSIDERA nON of the mutual covenants, promises and premises herein contained, the
parties hereto agree as follows:
I. Premises. The Lessor leases unto the Lessee counter space at the Florida Keys
Marathon Airport, Marathon, Monroe County, Florida, as follows:
A. Public Exposed Area of97.75 square feet for use as counter space, at a rate of$30.51 per
square foot/annually, in accordance with the Airport's Standard Rates and Charges for 2008 (Exhibit A).
B. Non-Public Area of 16' 10" x 24 '7" or 412 square feet for use as office space, at a rate of
$20.59 square foot/annually, in accordance with the Airport's Standard Rates and Charges for 2008
(Exhibit A).
2. Term. The above-described premises are leased to the Lessee on a month-to-month basis
beginning November 19, 2008.
3. Rent. The rent for the premises, including utilities, shall be $1133.00 per month, or
$13,596.00 per year, plus tax. Said rent to be payable in advance on the first day of each month.
Rental rates are subject to revision after the first 12 months and annually thereafter, in accordance
with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most
recent 12 months available.
4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased
premises.
B. 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.
C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon
termination of this lease, shall leave the premises in at least as good condition as at the time of the
commencement of this lease, normal use and occupancy excepted.
5. LESSEE's Covenants.
LESSOR as follows:
The LESSEE hereby covenants and agrees with the
A. Lessee will utilize the leased area to provide flight instruction, non-scheduled
aircraft charters, air taxi and sightseeing services.
B. To pay the Lessor the rent at the times and in the manner provided for by this lease.
C. Any commercial activity shall be conducted in strict compliance with the Minimum
Standards for Commercial Aeronautical Activities.
D. 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.
E. 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 way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
F. 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 exclude 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.
c) LEESEE will comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the
Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-
1683, and 1685 -1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national ongm, ancestry, sexual
orientation, gender identify or expression, familial status or age; II) Any other nondiscrimination
provisions in any Federal or State statutes which may apply to the parties to, or the subject matter
of, this agreement. The LESSEE expressly understands that upon a determination by a court of
competent jurisdiction that the LESSEE has discriminated against any person, this agreement
automatically terminates without any further action on the part of any party, effective the date of
the Court order.
G. LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations, Part 77.
H. LESSEE expressly agrees for itself, 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 of the airport, or otherwise constitute an airport hazard.
1. This lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner 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 such lands from 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 Owner pertaining to the
Florida Keys Marathon Airport.
J. 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 LESSOR herein reserves the right to grant similar privileges to another LESSEE or other
LESSEE on other parts of the airport.
6. Assil!Dment. This lease agreement may not be assigned, or the premises subleased, without
the written permission of the LESSOR.
7. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY
and the COUNTY's elected and appointed officers and employees harmless from and against (i)
any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation,
costs of remediation and costs of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other govermnental agency
requires by reason of, or in connection with a violation of any federal law or regulation, attorney's
fees and costs, court costs, fines and penalties) that may be asserted against, initiated with respect
to, or sustained by, any indenmified party by reason of, or in connection with, (A) any activity of
LESSEE or any of its employees, agents, contractors or other invitees during the term of this lease,
(B) the negligence or willful misconduct of LESSEE or any of its employees, agents, contractors
or other invitees, or (C) LESSEE's default in respect of any of the obligations that it undertakes
under the terms of this lease, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the
COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE). Insofar
as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this lease, this Section will survive the expiration of
the term of this lease or any earlier termination of this lease.
8. Insurance Reauirements.
a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates
ofInsurance to LESSOR to verify such coverage:
Aimort Liabilitv. LESSEE shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and
Expanded Definition of Property Damage. The limits shall not be less than:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Vehicle Liabilitv. LESSEE shall provide coverage for all owned, non-owned and hired vehicles
with limits of not less than:
$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
Workers' Comoensation. The Lessee shall obtain Worker's Compensation Insurance with limits
sufficient to respond to the applicable state statutes. In addition, the LESSEE shall obtain
Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
b. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Worker's Compensation, issued to satisfy the above requirements.
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. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
e. LESSEE shall maintain the required insurance throughout the entire term of this lease and any
extensions which may be entered into. The LESSOR, 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 LESSOR may terminate the lease in accordance
with Paragraph 9.
f. Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver ofInsurance Requirements" and be approved
by Monroe County Risk Management.
9. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this lease. The failure of
LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of
fifteen (15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also
constitute a default under the terms of this lease. In the event of a default, LESSOR may, at its
option, declare the lease forfeited and may immediately re-enter and take possession of the leased
premises and this lease shall terminate. If it shall be necessary to employ the services of an
attorney in order to enforce its rights under this agreement, the LESSOR shall be entitled to
reasonable attorney's fees. Waiver of a default in any particular month shall not bind the
LESSOR to forego the provisions of this paragraph and any subsequent default shall be grounds
for termination.
10. Books. Records and Documents. LESSEE shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement. If an auditor employed by the LESSOR or Clerk
determines that monies paid to LESSEE pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the LESSEE shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to LESSEE.
II. Governinl!: Law. Venue. Interpretation. Costs. and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the
LESSOR and LESSEE agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior
to the institution of any other administrative or legal proceeding.
12. Severabilitv. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to
any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The LESSOR and LESSEE agree to reform the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
provision.
13. Attornev's Fees and Costs. The LESSOR and LESSEE agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement. the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
14. Bindine: Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the LESSOR and LESSEE and their respective legal
representatives, successors, and assigns.
15. Authoritv. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate
action, as required by law.
16. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this
Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
17. Adiudication of DisDutes or Disae:reements. LESSOR and LESSEE agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at a public meeting of the
Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law. This paragraph does not apply where a default has occurred
under the provisions of this agreement.
18. CooDeration. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
LESSOR and LESSEE agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. LESSOR and LESSEE specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement. A party who requests the other party's participation in accordance with
the terms of this paragraph shall pay all reasonable expenses by the other party by reason of such
participation.
19. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that the only interest of each is to perform and receive
benefits as recited in this Agreement.
20. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
21. No Solicitation/Pavment. The LESSOR and LESSEE warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the
provision, the LESSEE agrees that the LESSOR shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
22. Public Access. The LESSOR and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its
control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
LESSOR and LESSEE in conjunction with this Agreement; and the LESSOR shall have the right
to unilaterally cancel this Agreement upon violation of this provision by LESSEE.
23. Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the LESSOR be required to contain any
provision for waiver.
24. Privilel!:es and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the LESSOR, when performing their respective functions under
this Agreement within the territorial limits of the LESSOR shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the LESSOR.
25. Lel!:al Oblil!:ations and ResDonsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating
entity from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the LESSOR, except to the extent permitted by the Florida constitution, state
statute, and case law.
26. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and
the LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of
either shall have the authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or benefits under this
Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
27. Attestations. LESSEE agrees to execute such documents as the LESSOR may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
28. No Personal Liability. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
liable personally on this Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
29. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by signing any such counterpart.
30. Section Headinl!s. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
31. Termination of Lease. During the term of this lease, either of the parties hereto may
cancel this agreement without cause by giving the other party thirty days written notice of its
intention to do so.
32. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, which
are listed in Exhibit "B", attached hereto and made a part hereof.
33. Compliance with Rules and Rel!ulations. LESSEE shall comply with all State, Federal
and County laws, statutes, ordinances, rules and regulations, including but not limited to the rules
and regulations as set forth in the airport's minimum standards, as any of the same may be
amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the
federal state and county governments, and any and all plans and programs developed in
compliance therewith, which may be applicable to its operations, as any of the same may be
amended from time to time, including specifically, without limiting the generality thereof, federal
air and safety laws and regulations and federal, state, and county environmental, hazardous waste
and materials and natural resources laws, regulations and permits and FAA Airport Improvement
Program Grant Compliance requirements.
34. Mutual Review. This agreement has been carefully reviewed by LESSEE and LESSOR,
therefore this agreement is not to be construed against either party on the basis of authorship.
NESS WHEREOF, the parties have caused this lease to be executed this
P',
,2008.
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WITNESSES:
LESSEE
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. Collins, Collins Aviation, C
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither (};UJIJS !lV/ArlO,J
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last 36 months.
~~~
(Signa e)
Date: Ifdfi
STATE OF: ROY';~'"L
COUNTY OF: fl1m1 (l)L-
Subscribe and sworn to (or affirmed) before me on
nt1VUVl ~ 3, ~
,
(date) by (!:a..r{) ( (' 0 1/ /n '5
(name of affiant). He/She is
personally kno~n to me or has produced
(type of identification) as identification.
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11
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(/,U/AJS fJV///TIt7fl,)
warrants that he/it has not employed, retained
or otherwise had act on his/its 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 contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~ ~ure)
Date: Ilb./rJ(
I I
STATE OF -.F/r/'(";la.
COUNTY OF mOfl (l)L-
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
C wi C.O I {i '1<5 who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this (3 rei. day of
nz ~ (Who 1~ ~.../~ <j("""" y" ""'---)
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NOTARY PUBLIC
My commission expires:
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at the end of each Year period, by the airport
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..tabU..b.. laa ..rJcet .,alua.
2. The tClftant for lUaa.lfl, hi. ptU:aonal Z'e,z'e.ontati"..,
.ut.~.II.on in inter'''i:, and a..J.fII8, .. . p~ o~ th.
cOMid.ratlon henso&, llae. hcwby OO".lIant and e~ee
~bat C 1) no pereon QI1 the V&UlIhda or race, calor, or . .
naUonu or1;1n .ball !MI exc:ll1dad t&UII P"t:1cipa~icm
in, d8llilld the benel:la or, or be ClItia.".&.. .lmjeGi:.
to cU..crimination 1n 1:118 u.. ~ ..14 taoll1U.., ca)
that in the c:onBtruat.1on 0: anr Uaprov...n" on, OYez-
or under .ucb land aDd tII. rumbb1n; or ..rvice.
thereon!, no pezo.on on th. grounda ot raaa, 001=, or
natjona origin.ball!le 8XG1UdIld tn. PBl'ticipUion
in, d8llied the ban.t.tt:ll ot, or be Ot:heriri.. nllj.aced
to di.c:rWnat.t.on! (3) that the tanaM -hall 118. t:b.
prai.e. in c:oapl anc. with .u othv Z'8qU1raentB
upoead by or P\lnuant: to ~ltl. "I, Cod. Of Pedan1
Aeaula~10n., Department ot ~an.pori:atian, SUbtitl. A,
01'1'1ce ot the Sec:retary, Part 21, HoncU.cr1.1nat.1on in
PederaUY-u.1ated pZ'ogr... of the Depart:llent ot
Tr~",'pnr1:Atfon-2ttect:ua~Oft of '1'J.tle VI ot the Civil
Riqh1:. Act at 11154, "hd .e .. td Regulation. "I' be
".nded.
1.
That in 1:b. .v.nt o~ m-.ach ot any ot ~. abov.
nandiaczoillination oovanant., A1rport Ovner .all have
t.h. Z'i9htl to tOZ'llinate the 1.... and tlo n-ent8l' and a.
it ..id l.a.. hod n.vClZ' boan _da or iDollod. ftl.
provision shall nat b. etteotiv. until tho prooed~e.
o~ 1'1 tl. ..., Cod. 01' Federal Jl~ulatJ.an., l'Cl.I't 21 11I'.
'uUuwIIl1 411I.1 C:OIIIpl.tecl 1nc:ludinv -.rei.. or expiration
or .pp.al rLghlM.
:J. It 8na1.1 .be a conditlon or till. l".IIM, LJ,.L !.he l._or
r..erv._ unto ita.1t, it. .uecsssora and a..19ns, lor
th. u.e ana ceneUt ot the pWll1c, a r1gnt or t'li9ht
tor the P.SSAq. or aJ.rcratt in the airspace ~ov. the
surtace of the real property hereinatter described,
together w1th the r19ht to c:ause 111 saiC1 airspace won
n01.. a. may be inherent 1n the operation 01' aircraft,
5.
4.
now Known or haraat~ar uaed, tor navigation ot or
tl19ht 1n t:.be "1d airspace, and tor u.. ot .aid
airspace tor 1.n~1nq on, taking ott trom or operating
on the airport.
'l'hat the Tenant axprea.ly a9Z"~e. lar it..!!, ita
.ucc...or. and a..igna. to r..trict the hel;ht ot
atructura, Object. ot natural 'lZ'Ovth and other
obet:ruction. em the bllt8inattv "..cz:oibed r.al property
ta auah · hetVht ao .a to coaply vith Pedanl AViation
"9\l1at1one, 'art 77.
'l'bat the %.a_ee .lCp2eaaly .P'''' tor itaaU, ita
auaa_.on and ..alpa, to prevent allY IMe ot the
bu-dnatt:v d.aadbGcl ~.1 Pl'Opo&"t:y vhLah wallld
J.fttqotera with Dr Cldv....ly cattoat tha aperat:Lan ..
..intlUlanae at the aiqloft, or othonieo aonatU:uto all
ab-pGrt: huU'd.
'%'IU. 1.... and all provbion. henGt U1I aUbjac:t: and .,
aubunUllate Lv Ula l.at-_ and gond! t1.ana at. the
J.n.tnu.en~ and daGWIent. undw whJ.ub u... Ah-PGZ't OWnw
aCq'UJ.red tile eUbject ~erty fraa tale Unl.... St.&ttI. at
Allat'1ca &riel 811.11 ~ g1vM Oftly auc:b .tteat u wiU DDt.
oonfl1ct or .. 1haon..ift.nt vitia tIl. tema UII
condition. cgnta1ned in the 1.... at .aid Landa traa
t:ba ~ort awn.., and any ax1etLn, or 8Uba.quen~
..ena.nta th.rato, and 8Z'a .Ubject to any OZ"d1h.nc..,
rul.. or Z'aVUlat1.one Vh1ab haw be.n, or ..y huealta&-
l:Ia adopted J:ly the .\Uport OvnR perta1nin, to the
LlA f1ATh,..1 Airport:.
Hatwit:hat:and1ncr 8hVt:hinq hare in contained that "1' b.,
or appaar to !:la, to the oontrary, 1t 1. axpr".ly
understoad and 89l"8ed that the right. 9l"8Jltlld WIder
tbL. 8VZ'8_.nt are nanaxoluaiw and the Le..Ol" hara.in
".....v.. the ro.l;ht to 91"ant sillilar priVilsgs. to .
anoth.r t...~ or ather ~~-AA_ nn nth A" part8 at th.
airport.
RECEIVED
DEe 23 1993
AIRPORTS/OMS
2005 EdlhlO
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements. as specified in the County's Schedule of Insurance Requirements, be
waived or modified on the following contract.
Contractor:
COLLlIJS /lIlUiT/CU.) t LLC
Contract for:
Address of Contractor: 61"a7'eJI/Et'.5f/tS/lIGJlttJlI i # 3~ 1
___LluUAnlcJ/J ;CZ 3Sc?SZ)
Phone: m- 30~-~~1-3;icJS--- 0- ,..,3os:1~d1r;
Scope of Work /Y/,fCIIIlK.TU, /Cllit5, nrCf/T -rR/tllJrJ)6
Risk Management
A/tif /lffLtC!JI3LE
L ~ ~(A.u:)
U/J2RILEfS Cd7rJPD.JSATlcJ IJ
uJ(c!:JIRL E IIJS tJJ?YIIJC&
6J1~~
(S1\.
lo ~
/If/S;),e<J MC&
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Contractor:
Date
Not Approved
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
MONROE COU]';TY, FLORIDA
Administration Instruction
#7500.1
106
COLLINS A VIA nON
5409 Overseas Highway #367
Marathon, FL 33050
305-481-3505
www.infoCu!tlvparadiseair.com
To: Maria Slavik
Risk Management
Monroe County
1100 Simonton St.
Key West, FL 33041
~,
i '
pA-
From: Carol J. Collins
Dear Maria,
Collins Aviation, LLC does not engage in the transportation of passengers by personal or other
motor vehicle.
&Yj~
12/17/2008 14:11
8529212572
we CUSTOM~R SERVICE
PAG~ 01/01
).:l:'.';"~.
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ALEX SINK
~~n:a
Sia'1\ll(P~
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October 17, 20118
VERIFICATION OF AUTOMATIC EXEMPT STATUS FROM WORKERS' COMPENSATION
COVERAGE REQUIREMENTS
This letter veri6es that the Indlvldualllsted below is AUTOMATICALLY EXEMPT from Florida workers'
colRpeDlIldoD coverage req1dremeDts within the scope of the Don-eonstrnetloD busiBesl or trade llm:d below and is
DOt required to obtain a. a:emptlon issued by the DtvisioJl ofWorken' Compensadon in order to aehieve exempt
status.
PERSON:
BUSINESS NAME:
ADDRESS:
CAROL COUJNS
COLLINS AVIATION LLC
5409 OVERSEES HWY 367
MARA1HON, FL 33050
TYPE OF NON-CONSTRUCTION
BUSINESS OR TRADE:
CLASS CODE OF BUSINESS:
COT J mil. & PROFESSIONAl. AVIATION
8868.9101.7422
This verifkadon of ...tomatie exempt stams applies ONLY within the scope of the DOn-eollllO"Detlon business or
trade llm:d above, and applies ONLY to the ladivl.daalllsted above. However, if COLLINS AVIATION LLC .
employs four or more fuB or part-dme employees, it mlllt obtain workers' compellllltlon coverage. A member of a
limitedUablllty coDlpllDy engaged In the non-coutraetlon indllstry is considered an employee If the memher meets
the definitloD of eJll)lloyee as defined in Seetlon 448.02(I5)(a), Florida Stlia..t.... Ha polley Is in effect for the Hmited
liability CODlPUy engaged in the Don-eonlltnletlon Industry and the member meets the defbdtioD of employee as
defined in SeedOD 448.01(I5){a), Florida Statues, the payroU of such memher may he ineluded in determining the
preminm for tile policy.
If COLLINS AVIATION LLC engages in a construction-related activity as defined in section 440.02(8), Florida. Statutes,
or in RDle 69L-6.021, Florida Administrative Code, the automatic exempt status for CAROL COLLINS shall not apply,
and COLLINS AVIATION LLC must comply with worlcers' compensation coverage requirements for the construction
industry.
If CAROL COLLINS is a COlJIOra1e officer as defined in Section 440.02(9), Florida Statutes, this Verification of
Automatic Exempt Status from Workers' Compensation Coverage Requiranents does not apply. In order to become
exempt, CAROL COLLINS is required to complete an exemption application and submit the app1ication to the Division of
Workers' Compensation. If the Division of Workers' Compensation determines that CAROL COLLINS meets the
eligibility requirements for the issuance of an exemption, the Division of Workers' Compensation will issue an exemption
to CAROL COLLINS.
If you have any questions, please call (850) 413-1609.
DMIIOlIOF_ _1IOII.IIllRfAIlOF~
200 EAST GAINESSTAEET. TAU.MiA88EE, FlllRtIlA :JZ.IIl9.m8.PHONE ll6l}.413-11109
AFARMATIVE ACTION. EOOAl OPPORTlHIY EMPLOYER
Intcar-Aero
~~~~
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California Insurance License OE81396
CERTIFICATE OF INSURANCE
This is to certify to: Monroe County Board of County Commissions; Attn: Risk Management
1100 Simonton Street
Key West, FL 33041
That the following described policy or policies have been issued to the following for the period indicated by Arch Insurance Company through
International Aerospace Insurance Services, Inc., as Aviation Managers:
Collins Aviation
5409 Overseas Highway #367
Marathon, FL 33050
Coverage in accordance with the conditions thereof, the following aircraft or locations(s):
Insurer Limit of Liability
Type of Coverage & Policy Number Policy Period
Airport General Arch Insurance . Bodily Injury and Property Damage Liability - Each 9/20/08
Liability Company Occurrence Limit: $1,000,000 to
11 CAL 7 4308-00 . Personal and Advertising Injury Limit - Each Offense: 9/20/09
$1,000,000
. Medical Expense Limit (Any One Person): $5,000
. Fire Damage Limit (Each Occurrence): $50,000
. Generai Aggregate Limit (other than
Products/Completed Operations): $1,000,000
ADDITIONAL AGREEMENTS:
1.) Solely with respect to the insurance afforded under the premises liability coverage, the certificate holder is included as an
additional Insured but only for liability arising out of the Named Isnured's aviation operations at the MTH Airport.
2.) The insurance afforded the certificate holder shall be considered primary and non-contributory with any other insurance
carried by the certificate holder
3.) In the event the Company elects to cancel the policy, thirty (30) days (10 days for non-payment and 7 days or less for War
Risk) welten notice will be sent to the certificate holder but the Company shall not be liable in any way for failure to give such
notice.
(1) This Certificate of Insurance is not an insurance policy and does not amend or alter the coverage afforded by the pol1cy(ies) listed on this
Certificate, and (2) notwithstanding any requirement, term or condition of any contract or other document with respect to which this Certificate
may be concerned or may pertain, the insurance afforded by the policy(ies) listed on this Certificate is subject to all the terms, exclusions and
conditions of such policy(ies) (California Insurance Code, Section 384), Limits shown may have been reduced by paid claims.
(2) If applicable. Arch Insurance Company has made provision for prompt notice to the certificate holder in the event of cancellation of the
above.described policy(ies), but except as otherwise stated in this certificate, Arch Insurance Company assumes no legal responsibility for
anv failure to do so.
d4J
Authorized Representative Date Issued: October 10, 2008
International Aerospace Insurance Services, Inc.,
Aviation Managers for Arch Insurance Company Certificate No: 4.
1,;,
~
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L:..
~'~'''. Inter-Aero
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c'
California Insurance License OE81396
CERTIFICATE OF INSURANCE
This IS to certify to: Monroe County Board of County Commissions, AUn: Risk Management
1100 Simonton Street
Key West, FL 33041
That the following described policy or policies have been issued to the following for the period indicated by Arch Insurance Company through
International Aerospace Insurance Services, Inc., as Aviation Managers:
Collins Aviation LLC
5409 Overseas Highway #367
Marathon, FL 33050
Coverage in accordance with the conditions thereof, the following aircraft or locations(s):
INSURER
TYPE OF & Limit of Liability POLICY Aircraft Agreed Value
POLICY Covered
COVERAGE NUMBER PERIOD
Aircraft Hull & Arch Insurance Combined Single Limit of Liability for Bodily 9/20/08 Any aircraft. $
Uability Company Injury & Property Damage - $1 ,000,000 to owned or
Policy# each occurrence; Sub~limit for Each 9/20/09 operated Deductibles:
11 CAH7 4307 -00 Passenger other than claims made against by named In-Motion:
student or renter pilots $250,000 insured $
Not In-Motion:
$
ADDITIONAL AGREEMENTS:
1.) Solely with respect to the insurance afforded under Section II of the policy for the aircraft liability coverage, the
certificate holder is included as an additional Insured but only for liability arising out of the operation of flight
instruction, rental and charter scheduled in the policy by the Named Insured.
2.) The insurance afforded the certificate holder shall be considered primary and non-contributory with any other
insurance carried by the certificate holder
3.) In the event the Company eiects to cancel the policy, thirty (30) days (10 days for non-payment and 7 days or less
for War Risk) written notice will be sent to the certificate holder but the Company shall not be liable in any way for
failure to give such notice.
4.) The insurance afforded under the policy shall not apply to the certificate holder's liability, or agents or employees
thereof, for product's failure or poor workmanShip due to the manufacture, maintenance, repair or sale of aircraft, aircraft
ennlnes, fuel. comoonen~ or accessories, or in the operation of any airport hanQar.
d4J
Authorized Representative Date Issued: October 10, 2008
International Aerospace Insurance Services, Inc"
Aviation Managers for Arch Insurance Company Certificate No: 2.