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03/01/1999 to 03/31/2002 09/20/2000BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 3305O TEL. (305) 289-6027 ~AX (30~) 28~-~74~ MEMORANDUM CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 tm,. (20~) 292-3ss0 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) B52-7146 DATE: September 27, 2000 TO: Peter Horton, Director Monroe County Airports FROM: Bevette Moore Airport Business Administrator Pamela G. Hanc~'~/~'/ Deputy Clerk C~,,J/-J At the September 20, 2000, Board of County C6mmissioner's meeting the Board granted approval and authorized execution of the following: d Lease Agreement between Monroe County and Mountain Air Cargo for an aircraft apron at the Florida Keys Marathon Airport. Duplicate original attached. Lease Extension Agreement between Monroe County and Island City Flying Service for a hangar at the Key West International Airport. Copy attached. Amendment to the Rental Car Concession Agreement between Monroe County and Dollar Rent A Car Systems for operations at the Key West International Airport. Duplicate original attached. Purchase Service Order No. 99/00-13 between Monroe County and ErRS Greiner to prepare plans and specifications, and provide other services, for a standby generator for the Key West International Airport Terminal Building public areas. Copy attached. Extension Agreement between Monroe County and Anthony M. Bona, DBA Gardens of Eden, to provide landscape maintenance at the Key West International Airport. Duplicate original attached. Cc: Should you have any questions please feel free to contact our office. County Administrator w/o document County Attorney File Risk Management w/o document Finance AGREEMENT MARATHON AIRPORT tI THIS ~REEMENT is made and entered into on theU day of C;;qP72Z;V1 fY[;; 2000, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" or "Lessor" and MOUNTAIN AIR CARGO, INC., hereinafter referred to as Lessee. WHEREAS, Lessor owns an airport known as the Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport," and WHEREAS, Lessee is engaged in the business of air transportation of cargo, mail and other property, and WHEREAS, Lessee desires to obtain certain rights, services and privileges in connection with the use of the Airport facilities, and the Lessor is willing to grant same to Lessee on a non-exclusive basis, upon the terms and conditions hereinafter stated; now, therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, Lessor does hereby grant unto Lessee, and Lessee hereby takes from Lessor, certain premises, facilities, rights, and privileges in connection with and on the Airport, as follows, to wit: ARTICLE I - PREMISES Lessor does hereby lease to Lessee, and Lessee leases from the Lessor, 19,800 square feet of aircraft apron area, as indicated on the drawing labeled as Exhibit "A" attached hereto and made a part hereof. ARTICLE II - USE OF THE AIRPORT Lessee shall be entitled to use, in common with others authorized to do so, the airport facilities and appurtenances, together with all equipment, improvements, and services which have been or may hereafter be provided at or in connection with the Airport for common use, in the operation of a business for the transportation of cargo, mail and other property by air. . ARTICLE III - TERM 5 0 0 ." :z: ;po 0 r- :;;o:("'):z ~ f't1 This lease shall commence March 1, 1999, and end on March 31, 2~.~ -0 0 n' r N ." on. -' 0 ARTICLE IV - FEES AND CHARGES ~?Jo =-- ::0 -tn. :x ::0 :<...:r: . fT1 During the term of this lease, Lessee shall pay to the Lessor, rent af)t1 I,g:ncnllg ~s as follows: j... j;1 WI :::0 , 0". C 1. The amount of Nine Thousand Nine Hundred Sixteen and 80/100 Dollars ($9,916.80), plus sales tax, for an area of nineteen thousand eight hundred (19,800) square feet of aircraft apron area; and 2. Landing fees as specified in Article V. The lease amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Rent for item 1 shall be paid in equal installments and shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Landing fees shall be paid within thirty days after the end of the month for which they are due. Upon the failure of Lessee to pay rent and/or fees when due, the Lessor will be entitled to charge and collect, and Lessee will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent and/or landing fees due. The acceptance by the Lessor of the overdue rent and/or landing fees plus applicable late fees shall cure what would otherwise constitute a default by Lessee under the terms of this lease. The Lessor, at its option, however, may refuse a proffered overdue fee and late fees, declare a default, and proceed according to Paragraph X of this lease. In the event that any check, draft, or negotiable instrument by which Lessee has tendered any payment is returned to the Lessor and not honored, whether for insufficient funds or other reason, the Lessor will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of fees due. The acceptance by the Lessor of the rent and/or landing fees plus any applicable late fee and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The Lessor, at its option, however, may refuse any proffered fee payment and applicable late fees and penalties, declare a default, and proceed according to Paragraph X of this lease. ARTICLE V - LANDING FEES The apron rental fee includes five landings per week; however, any landings over five per week shall be computed as follows: $.73 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of $9.13 will be charged for all aircraft weighing less than 12,500 Ibs. gross landing weight. Lessee shall report to the Lessor, not later than the 10th day of each month, Lessee's Actual Revenue Trip Arrivals at the Airport during the preceding calendar month, which shall include the number and type of such arrivals. The number of arrivals so operated, multiplied by the applicable approved maximum gross landing weights for each type of aircraft, shall determine the weight for which the monthly payment shall be made. The term "approved maximum gross landing weight" for any aircraft as used herein, shall be the maximum gross landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport herein. Lessee provides service to Marathon, Florida, utilizing a Cessna 208 Caravan. While this aircraft is owned by The Federal Express Corporation, it is leased to and operated by Lessee based in Denver, 2 North Carolina. As such Lessee is responsible for all the operating expenses related to a'ircraft, including landing fees. In the event Lessee is unable to satisfy its obligations, Federal Express Corporation will assume the responsibility for ensuring all payments and contractual agreements are maintained. ARTICLE VI - COMMON AREAS Lessee shall have the right to use, in common with others, the Airport space and facilities to permit landing, taking off, loading, unloading and servicing of Lessee's aircraft, subject to reasonable rules and regulations of Lessor as to the use of such common spaces and facilities. ARTICLE VII - RIGHT OF INGRESS AND EGRESS Lessee, its agents, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the airport premises, which shall not be unreasonably restricted by Lessor. ARTICLE VIII - ASSIGNMENT This agreement may not be assigned without the written consent of the Lessor. ARTICLE IX - INDEMNIFICATION/HOLD HARMLESS (a) Lessee agrees to indemnify and save Lessor harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of Lessee, its agents, or employees in the use or occupancy of the leased premises and the common areas of the Airport facilities by Lessee. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. (b) Prior to Lessee taking possession of the property owned by the Lessor, Lessee shall obtain, at its own expense, insurance as specified in the attached schedules, which are made a part of this lease agreement. The Lessee will not be permitted to occupy or use the lease property until satisfactory evidence of the required insurance has been furnished to the Lessor as specified below. Lessee shall maintain the required insurance, throughout the entire term of this lease agreement, and any extensions, as specified in the attached schedules labeled as Exhibit "B". Failure to comply with this provision may result in the immediate termination of the lease agreement and the return of all property owned by the Lessor. Lessee shall provide to the Lessor as satisfactory evidence of the required insurance, either a Certificate of Insurance or a certified copy of the actual insurance policy. Lessor, at its sole option, has the right to required a certified copy of any or all insurance policies required by this contract. 3 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 (30) days prior notification is given to the Lessor by the insurer. The acceptance and/or approval of the Lessee's insurance shall not be construed as relieving the Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners will be included as "Additional Insured" on all policies. Lessee shall carry its insurance with Insurance companies authorized to do business in the State of Florida. 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. ARTICLE X - DEFAULT Unless the Lessor has accepted a rental payment and/or landing fee payment after it has become due together with any applicable late payments and penalties, the failure to pay rent and/or landing fees when due shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when due under this agreement shall constitute a default. Further, the failure of Lessee to perform any other 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 right under this paragraph, or to collect any of its rentals, fees, or charges due, Lessor shall be entitled to reasonable fair market value attorney's fees. ARTICLE XI - CANCELLATION OF AGREEMENT Lessor may cancel this agreement by giving Lessee sixty (60) days advanced written notice upon the happening of anyone of the following events: the appointment of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee of its air cargo transportation business at the Airport for a period of sixty (60) days. By the end of the sixty (60) day notice period, Lessee shall have vacated the premises and the Lessor may immediately re-enter and take possession of the same. If it is necessary to employ the services of an attorney in order to enforce the Lessor's rights under this paragraph, the Lessor shall be entitled to reasonable fair market value attorney's fees. ARTICLE XII - FAA REOUIREMENTS The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit "C," attached hereto and made a part hereof. 4 ARTICLE XIII - NOTICES Any notice or other communication from either party to the other pursuant to this agreement is sufficiently given or communicated if sent by registered mail, with proper postage and registration fees prepaid, addressed to the party for whom intended, at the following addresses: For Lessor: Airport Director Key West International Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 For Lessee: Mountain Air Cargo, Inc. P. O. Box 488 Denver, NC 28037 or to such other address as the party being given such notice shall from time to time designate to the other by notice given in accordance herewith. parties have caused this lease to be executed this , 2000. BOARD OF COUNTY COMMISSIONERS 3: COUNTY, FLORIDA B ~,e ~ d ayor/Chairman ~ - (SEAL) ATTEST: MOUNTAIN AIR CARGO, INC. 4 By _ ." ~ .. ! 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I I ; ( I I I , i EXHIBIT 'B' I INSURANCE 1996 Edition AIRCRAFT LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND " Recognizing that the Vendor is engaged in providing commercial air transportation and delivery service'lo and from air facilities owned, operated, or maintained by the County, the Vendor shall purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability Insurance which will respond to bodily injury and property damages resulting from any claim arising out of the air transportation services governed by this contract.. The Monroe County Board of County Commissioners shall be named as Additional Insured. $~c b The minimum limits ofliability shall be $&0 million per occurrence. 1'i't\ Modified by Risk Management 1/6/97 AIRJ Adlllinistralill'\ Illstructioll f,.1709.2 38 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 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 Propcrty Damagc The minimum limits acccptable shall be: $1,000,000 Combines! Singlc Limit (CSL) If split limits arc providcd, the minimum limits acccptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Propcrty Damage An Occurrence Form policy is prcferred. 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 contract. 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. ., GL3 ^dministralion InstrlJctlon li,.7()')2 56 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BET\VEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, . prior tG\the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Ownea, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. .... VL3 Administration fnsl'llction fI47()')} ID 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND " Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. - . Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor, ~ an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC3 AdminislratiOll InSllllC:ion If 470')2 90 EXHIBIT 'e' I FAA REQUIREMENTS " '." ...:.-.. . ..;::.'.. "J. FAA REQUIRED LEASE CLAUSES 4' ~ -..: 1. This lease shall be subject to review and re-evaluation at the end of each ~ year period, by ~e airport, owner and the rent may be adjusted accord1ng to the~r action, not to exceed the Consumer Price Index rate during the last j.~ month period, ori Land less improvements ~ill be appraised eVery~ years and the adjusted rental ~ill be based' on normally 10-12 percent of appraised value. 'If disputed, lessor obtains appraisal at ~is expense and les~or/lessee equally share expense for review appraisal' that establishes fair market value. ," 2. The tenant for himself, his personal representatives,' succes,sors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on Ule grounds of race, color, or ~ational origin shall be excluded from participation 111, 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 ~~ch 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 ~le benefits of, or be otherwise subjected to discrimination, (3) that the tenant shall Use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportar\on, 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. . . ......:.,.. It shall be a condition of this lease, that the lessor. reserves unto itself, its SUccessors and assigns, for the U:;(~ and benefit of UlC: public, a right of flight .," fot- t.he passage of a/rcrZ1ft in the airspace above the GUrf.-lC(~ of the !~('('lJ pro1wrt.y he!-r~jn(lftr:r described, to'!(:l!u'" \..Ijt~h t~IJ(. ,-j(I!Jt: l:() (~.:lll~;(, ill ~;;lid ;~jr:;p:\ce :,uch I1(j 1'.1' '\'; mill' J)(. '!J!)I': I.:~t ,:: , ~;I' ';1 ,'. :i; Ii:: IJf I:'" If ~_ ( .,;..;-'.:~... ...~.- . , ......... ..~ :~.:;~:~~:( ~:1~/<.:. .. . ..~... ...-=.:....:.--. Jt~ ~~:-~~7!~~;:- - ~.. . .... ...... ......~.;.:_:.~.. . --:-.:.:. -..-; .. .~-:.. -:( - ~ - 4 now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing~on, taking off from or operating on the airport. That the Tenant 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. 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 wie1 or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. 4. This lease and all provisions hereof are subject and subordinate to ~1e terms and conditions of the instruments and documents under which the Airport Owner acquired U1e 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 said lands from the Airport Owner, and any existing or subsequent amendments ~1ereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adonted by the Airport Owner pertaining to the fYl A r.p Airport. 5. -- 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 Les5o~ herein reserves the right to grant similar privileges to another Lessee or other Lessees on other-parts of the airport. i~.- .. -- . , , .'1_' . -. -~.'" . --:.::, ..u:,..._