11. 10/01/2009 to 09/30/2014 12/16/2009DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE: January 28, 2010
TO: Peter Horton, Director
of Airports •
VIA: Bevette Moore, Director
of Operations ' ,,
./
FROM: Isabel C. DeSantis, D. C.
At the December 16, 2009, Board of County Commissioners meeting the Board granted
approval and authorized execution of the following:
Lease between Monroe County and Federal Express for space at the Key West
International Airport.
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File
FedEx Lease No.: 90-0182-011
LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
Federal Express Corporation
d
THIS CONTRACT OF LEASE ("Lease") is made and entered into on this J-O - day of
~~ ' 20gff,by and between MONROE COUNTY, a political subdivision of the State of
Fl .da, her after referred to as "COUNTY" and FEDERAL EXPRESS CORPORATION,
hereinafter referred to as "FEDEX."
WHEREAS, COUNTY owns an airport known as the Key West International Airport, located in
Key West, Monroe County, Florida, hereinafter referred to as "AIRPORT," and
WHEREAS, FEDEX is engaged in the business of air transportation of cargo and other property,
and
WHEREAS, FEDEX desires to obtain certain rights, services and privileges in connection with
the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to FEDEX 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, COUNTY does hereby grant and lease unto FEDEX, and
FEDEX does hereby lease from COUNTY, certain premises, facilities, rights, and privileges in
connection with and on the Airport, as follows, to wit:
1. Premises. COUNTY does hereby. lease to FEDEX, and FEDEX leases from the
COUNTY, the Air Cargo 'building presently located at the Airport, measul'ing one hundred feet by thirty
feet (100' x 30'), and nine thousand, five hundred thirty-five (9,535) square feet of open land adjacent to
the building, and an air~raft apron measuring approximately eight thousand, eight hundred forty-two
(8,842) square feet as indicated on the drawing labeled as Exhibit A attached hereto and made a part
hereof.
2. Use of the Airport. FEDEX shall be entitled to use, in common with others authorized
to do so, the airport f~cilities 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 and other property by air.
3. Term. The term of this Lease shall be sixty (60) months, commencing October 1, 2009
and ending on September 30, 2014.
4. Rentals and Fees. During the term of this Lease, FEDEX shall pay to the COUNTY,
rent as follows:
a) the amount of Forty-Six Thousand, Two Hundred Thirty Six Dollars and 91/100
Cents ($46,236.9'1) per annum, plus applicable sales tax, for the area of three thousand (3,000) square
feet, in the existing Air Cargo building, and .
b) the amount of Five Thousand, Nine Hundred Seventy One' Dollars and 88/100
Cents ($5,971.88) per annum, plus applicable. sales tax, for a~ area of nine thousan~, five hundred thirty-
five (9,535) square feet .of open land adjacent to the Air Cargo building, for use for loading, unloading,
and parking of automotive vehicles.
RECEIVED
DEe 0 8 2009
AIRPORT GRANTS
~ \
c) the amount of Six Thousand, Five Hundred Seventy One Dollars and 50/100
Cents ($6,571.50) per annum, plus applicable sales tax, for an area of eight thousand, eight hundred forty-
two (8,842) square feet of aircraft apron adjacent to the Air Cargo building.
The Lease amount agreed to herein shall be adjusted annually in accordance with the percentage
change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve (12)
months available.
Rent for items a, b, and c shall be paid in equal monthly installments, all of which shall be due
and payable on or before the fITst day of each calendar month during which this Lease is in effect. Upon
the failure of FEDEX to pay any installments when due, the COUNTY will be entitled to charge and
collect, and FEDEX 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 due. The acceptance by
the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise
'constitute a default by FEDEX under the terms of this Lease. The COUNTY, at its option, however, may
refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to
paragraph 36 of this Lease. In the event that any check, draft, or negotiable instrument by which FEDEX
has tendered any rent payment ,is returned to the COUNTY and not honored, whether for insufficient
funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable
late payment fees as provided above, a fee of TwentY-tive Dollars ($25.00) for such dishonored
instrument. Such penalty fee shall also be in addition to the amount of rent due.. The acceptance by the
COUNTY of the rental payment 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 COUNTY, at its option, ~owever, may refuse any proffered rental installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 36 of this Lease.
5. Security Deposit.- In addition to the "rent payment as provided above, FEDEX shall
maintain with the COUNTY, the sum deposited, to-wit: an amount of Twenty-five Hundred Dollars
($2,500.00), which the COUNTY will hold as a security deposit. In the event of any breach by FEDEX
of any of the terms of this Lease, including any failure to timely pay any rent due, the COUNTY may
draw upon the monies held by the COUNTY as security, to pay and cover any amounts due and owing
from FED EX. '
6. LandinI! Fees. Landing fees shall be assessed at a rate to be established by the County's
2001 or an approved, updated Rates and Charges Study, subject to an adjustment on each January 1st for
the term of the Lease, in accordance with the percentage change in the CPI-U for the most recent twelve
(12) months available.
The landing fees shall be computed, using the $2.49 rate as an example only, as follows:
$2.49 per 1,000 pounds of approved maximum gross landing weight, with no minimum fee.
FEDEX shall report to the Monroe County Board of County Commissioners, not later than the
10th day of each month, FEDEX'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 ~ade.
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. airqraft
at the AIRPORT herein. FEDEX provides service to Key West, Florida utilizing a Cessna 208 Caravan.
While this aircraft is owned by FEDEX, it is leased to and operated by Mountain Air Cargo (MAC) based'
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in Denver, North Carolina. As such, MAC is responsible for all the operating expenses related to air~raft,
including landing fees. Within fifteen (15) days after its receipt of written notice that MAC is unable to
satisfy its obligations hereunder, FEDEX will assume the responsibility for ensuring that all payments and
contractual agreements are maintained, or vacate the premises and this Lease shall be terminated in
accordance with paragraph 36.
7. Leasehold Improvements and Use. FEDEX shall have the right to occupy the Air
Cargo building measuring one hundred feet by thirty feet (100' x 30'), and nine thousand, five hundred
thirty-five (9,535) square feet of open land adjacent to the Air Cargo building, plus the aircraft apron, as
indicated on the drawing labeled as Exhibit "A" attached hereto and made a part hereof.
FEDEX has the right during the term hereof, at its own expense, at any time from time to time, to
install, maintain, operate, repair and replace any and all trade fixtures and other Airport personal property
useful from time to time in connection with its operation on the Airport, all of which shall be and remain
the property of FEDEX and may be removed by FEDEX prior to or within a reasonable time after
expiration of the term of this Lease; provided, however, that FEDEX shall repair any damage to the
premises caused by such removal. The failure to remove trade fixtures or other personal property shall not
constitute FEDEX a hold over, but all such property not removed within ten (10) days after FEDEX
receives a written demand for such removal shall be deemed abandoned and thereupon shall become the
sole property of the Airport.
FEDEX shall cause to be removed any and all liens of any nature arising out of or because of any
construction performed by FEDEX or any of its contractors or subcontractors on the leased premises or
because of the performance of any work or labor upon or the furnishing of any materials for use at said
premises, by or at the direction ofFEDEX.
FEDEX may only utilize the leased building to provide counter space for members of the public
desirous of using FEDEX's cargo arid package services and for the operation of a blfsiness engaged in the
transportation of cargo and other property. While premises are leased to FEDEX for parking, FEDEX
shall not park or place automotive vehicles in any space 9n the premises unless it has been designated by
the COUNTY for parking. T~e COUNTY shall cooperate with FEDEX in designating a reasonable
number of parking spaces to accommodate FEDEX's business traffic.
8. Common Areas. FEDEX 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 FEDEX's aircraft,
subject to reasonable rules and regulations of COUNTY as to the use of such common spaces and
facilities.
9. Ri2bt of I02ress and E2ress. FEDEX, its agents, employees, customers, suppliers, and .
patrons shall have the right of ingress and egress to and from the leased premises, which shall not be
unreasonably restricted by the COUNTY.
10. Utilities. FEDEX shall be responsible for the payment of electrical service, water
service, and any similar utility services as needed. 'In addition to rent and other charges, FEDEX shall
pay a trash collection fee of Two Thousand, Thirteen Dollars and 84/100 Cents ($2,013.84) per annum,
paid monthly with the rent. .
11. Assii!ome.nt. The premises leased hereunder along with the improvements thereon may
not be sublet and this Lease may not be assigned without the written consent of the COUNTY.
12. Maintenance of Premises bv FED EX. FEDEX shall be responsible for and shall
properly maintain the leased premises, and upon the termination of this Lease, shallleave.the premises in
at least as good condition as at the time of the commencement of this Lease, normal use and occupancy
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excepted. FEDEX is responsible for and shall properly maintain the security fences and gates
surrounding the leased premises and is also responsible for properly securing any portion of the premises
being remodeled or under construction.
13. Inspection and Maintenance of Premises bv County. The County and its authorized
officers, employees, agents, contractors, subcontractors and other representatives shall have the right to
enter upon the leased premises for the following purposes:
a) to inspect the leased premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether FEDEX has complied and is complying
with the terms and conditions of this Lease with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of existing
underground and overhead wires, pipes, drains, cables and conduits now located o~ or across the leased
premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary
to carty out the Master Plan of development of the Airport; provided, however, that said work shall in no
event unduly iriterfere with the operations of FEDEX and, provided further, that the entire cost of such
work, including but not limited to the cost of rebuilding, removing, relocating, protecting or otherwise
modifying any fixed improvements at any time erected or installed in or upon the leased premises by
FED EX, the COUNTY or third parties, as a result of the exercise by the COUNTY of its rights hereunder,
and all damage to such fixed improvements caused thereby, shall be borne by the COUNTY.
14. Insurance Requirements
a) FEDEX will obtain or possess the following Insurance coverages and will
provide Certificates of Insurance to COUNTY to verify such coverage;
Commercial General Liability. . FEDEX-.shall provide coverage for all premises
and operations including Contractual, Products, and Complete~ Operations, and
Personal/Advertising Injury. The limits shall not be less than;
$5,000,000 Combined Single Limits (CSL) or its equivalent
If split limits are provided, the minimum limits acceptable shall be;
$5,000,000.00 per occurrence,
$500,000 per person,
$100,000 Property Damage
The General Aggregate limit shall either apply separately to this Lease or shall be at least
twice the required occurrence limits.
Business Automobile Liability. FEDEX shall provide coverage for all owned,
non-owned and hired vehicles with limits of not less than;
$5,000,000 CSL or its equivalent
If split limits are provided, the minimum limits acceptable shall be;
$5,000,000 per occurrence
$500,000 per person
$100,000 Property Damage
Professional Aviation Liability. FED EX will provide coverage for limits of not
less than $30,000,000.00 CSL, including passengers, or its equivaJent.
Worker's Compensation. FED EX shall provide coverage with limits sufficient to
respond to the applicable state statutes. .
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Employer's Liability. FEDEX shall provide Employer's Liability insurance with
limits of not less than;
$1,000,000 Bodily Injury by Accident,
$1,000,000 Bodily Injury by Disease, policy limits and
$1,000,000 Bodily Injury by Disease, each employee.
Property Insurance. FEDEX shall provide coverage for all premises governed by
this Lease with limits no less than the Replacement Cost Value of the leased premises and as a
minimum shall include coverages consistent with the latest version of the Special Form as filed
by the Insurance Services Office (ISO) and shall include as a minimum coverage for claims
arising "out of Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightning, Sinkhole
Collapse, Smoke, Aircraft and Vehicle Damage, Vandalism, Falling Objects, Explosion and
Flood.
b) The Monroe County" Board of County Commissioners will be included as
"Additional Insured" on all policies, except. for Worker's Compensation.
In addition, the Monroe County Board of County Commissioners shall be named
as loss payee on any property insurance placed on the leased facilities.
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 (30) days prior notification
is given to the COUNTY by the insurer.
d) The acceptance and/or approval ofFEDEX'S insurance shall not be construed as
relieving FEDEX from any liability or obligation assumed under this Lease or imposed by law.
e) FEDEX shall maintain the required insurance throughout the entire term of this
"-'Lease and any extensions which" may be entered into. The COUNTY, at its s61e~ 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 termin.ate the Lease in accordance with
paragraph 36.
Any deviations from these Generallnsurance 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.
15. Bookslt Records and Documents. FEDEX shall maintain all books, records, and
documents directly pertinent to performance under this Lease in accordance with generally accepted
accounting principles consistently applied. Each party to this Lease or their authorized representatives
shall have reasonable and timely access to such records of each other party for public records purposes
during the term of the Lease and for four (4) years following the termination of this Lease. The
COUNTY, acting through its Finance Director or other authorized representative, shall have the right to
inspect and audit FEDEX's books of accounts an~ other records directly generated at the Key West
International Airport facility or otherwise pertaining to this Lease.. Knowingly furnishing the COUNTY a
false statement of its Actual Revenue Trip Arrivals under the provision hereof will constitute a default by
FEDEX of this Lease and the COUNTY"may, at its option, declare this Lease terminated. FEDEX retains
the right to have its controller or a representative assigned by its controller to be present during any
inspection or audit by the COUNTY. Ten (10) business days notice must be given of intent to audit by the
.COUNTY I to allow FEDEX's controller sufficient time to schedule said presence. Nothing contained
within this section waives attorney/client or attorney work product privilege.
16. Governine Law. Venue. InterDretation. Costs. and Fees. This Lease shall -'be
governed by and construed in accordance" with the laws of the State of Florida applicable to contracts
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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 Lease, the COUNTY and FEDEX
agree that venue will lie in the appropriate court or before the appropriate administrati.ve body in Monroe
County, Florida.
The COUNTY and FEDEX agree that, in the event of conflicting interpretations of the terms or a
term of this Lease by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
17. Severabilitv. If any term, covenant, condition or prOVISIon of this Lease (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
Lease, shall not be affected thereby; and each remaining term, covenant, condition and provision of this
Lease 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 Lease would prevent the
accomplishment of the original intent of this Lease. The COUNTY and FEDEX agree to reform the
Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
18. Attornev's Fees and Costs. The COUNTY and FEDEX agree that in the event any
cause of action or administrative proceeding is ~nitiated or defended by any party relative to the
enforcement or interpretation of this Lease, 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, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance
with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit
Court of Monroe County.
19. Hindin!! Effect. The terms, covenants, conditions, and provisions 'of this Lease shall
bind and inure to the benefit of the COUNTY and FEDEX and their respective legal representatives,
successors, and assigns.
20. Authoritv. Each party represents and warrants to the other that the execution, delivery
and performance of this Lease have been duly authorized by all necessary COUNTY and corporate
action, as required by law.
21. Claims for Federal or State Aid. FEDEX and COUNTY agree that each shall be, and
is, empowered to apply for, seek, and obtain Federal and State funds to further the purpose of this Lease;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
22. Adiudication of Disputes or Disal!reements. COUNTY and FEDEX 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 thirty (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 Lease by Florida
law.
23. Cooneration. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Lease, COUNTY and
FEDEX 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 Lease or provision of the services
6
under this Lease. COUNTY and FEDEX specifically agree that no party to this Lease shall be required to
enter into any arbitration proceedings related to this Lease. A party who requests the other's party's
participation in accordance with the terms of this section shall pay all reasonable expenses incurred by the
other party by reason of such participation.
24. Nondiscrimination. COUNTY and FEDEX agree that there will be no discrimination
against any person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that FEDEX has discriminated against any person, this Lease automatically terminates
without any further action on the part of any party:! effective the date of the Court order. COUNTY or
FEDEX agree to comply with all Federal. and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) 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 SSe 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 use s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975; as amended (42 USC SSe 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,
SSe 523 and 527 (42 use SSe 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 ~he 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) Sees. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or State statutes which may apply to.the parties to, or the subject matter of, thisL~ase.
25. Covenant of No Interest. The COUNTY and FEDEX 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 Lease, and the only interest of each is to perform and receive benefits as recited in
this Lease. .
26. Code of Ethics. The COUNTY agrees that officers and employees of the COUNTY
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.
27. . Public Access. The COUNTY and FEDEX shall allow and permit reasonable access to,
and inspection ot: 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 COUNTY and
FEDEX in C"onjunction with this Lease; and the COUNTY shall have the right to unilaterally cancel this
Lease upon violation of this provision by FEDEX. Nothing in this section waives attorney/client or
attorney work product privilege.
28. Non-Waiver of Immunitv. Notwithstanding the provisions of Sec. 786.28, Florida
Statues, the participation of the COUNTY and the FEDEX in this. Lease and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government insurance pool
cover~ge shall not be deemed a.. waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the COUNTY be required to contain any provision for waiver.
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29. Privileees 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 COUNTY, when performing their respective functions under this Lease within the
territ9rial limits of the COUNTY 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
COUNTY.
30. Leesl Oblieations and Responsibilities. Non-Delegation of Constitutional or Statutory
Duties. This Lease 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 Lease is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except
to the extent permitted by the Florida Constitution, State Statute, and case law.
31. Non-Reliance 'by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim or entitlement
to or benefit of any service or program contemplated hereunder, and the COUNTY and FEDEX agree that
neither the COUNTY nor FEDEX 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 Lease separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Lease.
32. Attestations. F.EDEX agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement. .
33. No Personal Liabilitv. 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 Lease or be subject to any personal liability or accountability by reason of the
execution of this Lease.
34. Execution in Counterparts. This Lease 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 Lease by signing any such
counterpart.
35. Section Headine. Section headings have been inserted in this Lease as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Lease and
will not be used in the interpretation of any provision of this Lease.
36. Default. Unless the COUNTY has accepted a rental. installment after it has become due
together with any applicable late payments and penalties, the failure to pay rental installments 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 Lease shall constitute a default. Further, the failure o( FEDEX to perform any other of the
covenants of this Lease, which failure shall continue for a period of fifteen (15) days, or for such longer
period of time as may be reasonably required to rectify said failure through the exercise of prompt,
diligent and continuous action, after notice thereof is given to FEDEX in writing by the COUNTY, shall
also constitute a default under the terms of this Lease.: In the event of a default, the COUNTY 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
8
order to enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due, the
COUNTY shall be entitled to reasonable attorney's fees.
37. CANCELLATION OF LEASE. The COUNTY may cancel this Lease agreement by
giving FEDEX sixty (60) days advanced written notice upon the happening of anyone of the following
events: the appointment of a receiver of FEDEX's assets; the divesting of FEDEX's leasehold estate by
other operation of law; the abandonment by FED EX 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, FEDEX shall have vacated
the premises and the COUNTY 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 COUNTY's rights under this
paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
38. FAA REQUIREMENTS. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit C, attached hereto and made a part hereof.
39. AIRPORT SECURITY.
a. General. The Federal Transportation Security Administration is the federal agency primarily
responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant
provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code,
including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in
severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport
operator that the burdens and consequences of any sec~rity violations imposed upon the airport operator
as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or licensees
shall be borne by the airport tenant.
b. Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an. agreement with the airport operator to
conduct business on airport property. The term als9 includes an airport tenant as defined in 49 CFR
1540.5. Each signatory to this Lease, other than the airport operator, is an airport tenant.
c. Airport Operator Defined. As used in this Lease, airport operator means Monroe County,
Florida, its elected and appointed officers, and its employees.
d. Airport Property Defined. Airport property shall mean the property owned or leased by, or
being lawfully used by, the'airport operator for civil aviation and airport-related purposes. For purposes of
this Lease, airport property is the property generally referred to as the Key West International Airport, the
Florida Keys Marathon Airport, or both as may be set forth in this Lease.
e. Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests,
including copying records, to determine compliance of the airport operator or airport t~nant with the
applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq.
f. ,Airport Security Program. The airp~rt tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport operator
and approved by TSA, and also agrees to conform its' operations and business activities to the
requirements of the Airport Security Program.
g. Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113.
If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is approved by TSA,
9
such program, as may be amended and approved from time to time~ shall be automatically incorporated
into this Lease.
h. Breach of Agreement. Should TSA determine that the airport tenant or one or more of the
airport tenant's employees, agents, invitees, or licensees has committed an act or omitted to act as
required, and such act or omission is a violation which results in TSA imposing a civil penalty against the
airport operator in accordance with TSA's Enforcement Sanction Guidance Policy, such determination
and imposition of a civil penalty by TSA shall be considered a significant breach of this Lease. .
(1) Minimum Violation. If the violation is the fITst or second violation attributed to the airport
tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any~ fines or penalties imposed, in investigating, defending,
mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures. If the violation is a third violation, or there are multiple
violations in excess of two violations, that is or are a civil penalty "minimum violation," the airport tenant
shall pay to the airport operator the total costs incurred by the airport operator, including any fines or
penalties imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures
as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred
in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to unilaterally cancel this Lease, such cancellation to be
effective thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of
this Lease by the airport operator. .
(2) Moderate Violation. If the violation is the frrst or second violation attributed to the airport
tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction
Guidance Policy~ the airport tenarlt may cure the breach by paying to the airport operator the total costs' -
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport tenant may cause all of airport
tenant's employees involved in the airport tenant's business operations on the airport property to undergo
such security training as may be required by the airport operator. The total cost of the training shall be
paid for by the airport tenant. If the violation is a third violation, or there are multiple violations in excess
of two violations, that is or are a civil penalty "moderate violation," the airport tenant shall pay to the
airport operator the total costs incurred by the airport operator, including any fines or penalties imposed,
in i~vestigating, defending, compromising, mitigating, or taking of remedial measures as may be agreed
to by TSA, to include but not be limited to reasonable attorney?s fees and costs incurred in the
investigation, defense, compromising, mitigation, or taking of remedial action measures;.and, further, the
airport operator shall have the right to unilaterally cancel this Lease, such cancellation to be effective
thirty (30) calendar days after receipt by the airport tenant of written notice of cancellation of this Lease
by the airport operator.
(3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and
is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance Policy,
the airport tenant may cure the breach by paying to the airport operator the total costs incurred by the
airport operator, including any fines and penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to includ~ but not be limited to
reasonable attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or
taking of remedial action measures; and, further, the airport tenant may cause all of airport tenant's
employees involved in the airport tenant's business operations on the airport property to undergo such
security training as may be required by the airport operator. The total cost of the training shall be paid for
10
by the airport tenant. If the violation is a second violation, or there are multiple violations, that is or are a
civil penalty "maximum violation," the airport tenant shall pay to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not
be limited to reasonable attorney's fees and costs incurred in the" investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right to
unilaterally cancel this Lease, such cancellation to be effective thirty (30) calendar days after receipt by
the airport tenant of written notice of cancellation of this Lease by the airport operator.
(4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport
operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective action
to ensure that the same or similar violations do not recur. This policy is known as the TSA Voluntary
Disclosure Program Policy, and is designed to encourage compliance with TSA regulations, foster secure
practices, and encourage the development of internal evaluation programs. The airport tenant agrees that
upon detecting a violation the airport tenant will immediately report it to the airport operator. Should the
TSA ultimately determine that the"violation was committed by th~ airport tenant, or an employee, agent,
invitee, or licensee of the airport tenant, but the violation should result in the issuance of a letter of
correction in lieu of a civil penalty, then the airport tenant shall reimburse the airport operator .the total
costs incurred by the airport operator in investigating, defending, mitigating, or taking of remedial
measures as may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and
cpsts incurred in the investigation, defense, mitigation, or taking of rem'edial action measures. A violation
resulting in the issuance of a letter of correction shall not be considered to be a breach of this Lease by the
airport tenant.
(5) Survival of Subsection. This subsection shall survive the. cancellation or termination of this
Lease, and shall be in full force and effect. .
"- 40. Hold Harmless: Indemnification-: Defense: Release: Survival. "Notwithstanding any
minimum insurance requirements prescribed elsewhere in this Lease, FEDEX 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 de,ath), 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 F ederal Aviation Administration, the
Transportation Security Administration or any other governmental 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 indemnified
party by reason of, or in connection with, (A) any activity of FEDEX or any of its employees, agents,
contractors or other invitees on the Airport during the term of this Lease, (B) the negligence or willful
.misconduct of FEDEX or any of its employees, agents, contractors or other invitees, or (C) FEDEX'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 FEDEX). 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. .
41. Rules and Reeulations
A. COMPLIANCE.. FEDEX shall comply with the Minimum Standards for
Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service Providers
at Monroe County Airports and all ordinances of the COUNTY, including any reasonable rules and
regulations with respect to use of Airport property, as the same may be amended from time to time, all
11
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, 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. In making the foregoing covenant, FEDEX does not undertake
any obligations to make alterations or improvements to the leased premises or to remediate, or take any
other action with respect to, any environmental condition that affects the leased premises, both that is not
attributable to FEDEX's activities on the leased premises. This Lease is subordinate to the County's
obligations under federal aviation law and contractual commitments to the federal government. Upon a
formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision of the
Lease is inconsistent with federal aviation law or a contractual commitment to the FAA, the
impermissible term shall be severed, without affecting the remainder of the Lease, so long as the
severance of that term does not materially affect FEDEX's rights or obligations arising under the terms of
this Lease. The parties may agree to amend this Lease as provided herein as necessary to comply with the
FAA's formal written declaration.
B. VIOLATIONS. FEDEX agrees to pay on behalf of the COUNTY any penalty,
assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any claim,
assessment, or civil action, which may be presented or initiated by any agency or office of the federal,
state, or county governments, based in whole or substantial part upon a claim or allegation that FEDEX,
its agents, employees or invitees have violated any law, ordinance, regulation, rule or directives with
which FEDEX agrees to comply in 41(A) above.
42. Ri2hts Reserved. Rights not specifically granted to FED EX by this Lease are reserved
to the COUNTY. The foregoing will not constitute a waiver by FEDEX of any rights it may have by
virtue of the statutory or common law of the United States or the State of Florida.
. 43~ Mutual Review. This Lease has been carefully'revie'wed by P'EDEX and the COUNTY,
therefore this Lease is not to be construed against either party on the basis of authorship.
.f}
,.-:' IN WITNESS ~~9F, the parties have caused this Lease to be executed this '20 day of
:J c.. '" · ' '~/O
(SEAL) -z,o
. A TTEST::DANNY L. KOLHAGE, CLERK
By~~~~Q. l0vJ aMkJ
. _. eputy Clerk
Witness
Witness
It /1..'! 10'1
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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FEDERAL EXPRESS CORPORA TION:<;-t:t>
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12
Exhibit A
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Exhibit C
IASI,. claUM6 requited by FAA:
Nondl$erimlnatJotl
"The tenln1: fo,' himself, his personal "P"'&ntativas~ ~.on in iltBlB8t,
and assigns1 .. a part of tie considrntion hef"eOf, does he'reby covenant and
agree that (1) no person on the grounds of race. color. or national origin shall
be exduded fiom participatiOn tn. denied . the benefits of. or be otherwise
subj8cted 10: dsctimlnatton in the use of slid facilities. (2). that in the'
construdio,. of an~. improvements ont over. or u"der such land and the'
furniShing of service, thereon. no person on .the grounds of race, color.. or
naUonel ongrn ahal be excluded from participation in~ denied 1M benefit& of.
or be otberwlee subjected 'to diacri'nfnltion. (3) that 1he "'ant. shIM. UM 1he
premises in complilnce with III other requirements, i~ by or pursuant to
ntre 49. Code of Federal Regulltions. Dep..-lmen1 0" Transportation, Subtitle
A. OfftCe of the Secretary, P8rt 21. Nondh1aimination in Feder..y ,assisted
programs . of the Depar1ment of Tranepor1.atiM-Effeduation of Title VI of the
eMI Rights: Act of 1984, and as saki RegUlations-maybe amended..
Thai in the .event of breach 01 any of the above nondJscrimfnsllon' covenantal
Airport :Ownet shal have the "right to termmlte 1he tease. and to re-enter and
,as if said Ie~ had never bet!n tnade or W1ued. The provision shall not be
effective until1he procedures of Title -49~ Code of Federal Regulation,,. Part
21 are fo'owed and compte1ed. inclUding exeretia or ,explnation of appeal
rights. ..
Airport Proteotlon
't shalt be . condition of this ..as., that the leuot reserves unto ibeWt Us
SUCc$lSOrs and MSigni, for the use and benefit of, the public; . right of flight
:for the passage 0' aJrcraft in tfte.\j airspace above the surface of the feli
property heteina'fter d~Cri~$di ~r wi.Pi the right tQ. cause in said .
ai~paQl such noise a, may be intl.tent in the op8fl1tron of ..rcRllt. now'
known or hereafter used:. for navigation of or ftight in the said .n~, and
for use of aald air&paee for' landing on. taking off from at aperiltingon the
altport.
The! the Tenant 8XpnlSlly ag... fot Raelf, its succelBors and assigns, to
restrict the height of structures.. objects of natural growth and other
obslJuetiOOl on the henNnaftet described real properly to such a height soas
k) comply ~ith Fedlfll.Aviation Re~lations, :Part 77~
That the lessee expressly ,agrees for lItelf. Jts successors and at8lgns. to
prevent any ule of 1be hereinafter described real property which would
inl.er#ete wfIh Of Idversetyaltct 'Ih. opetation Of rnainteli-'ce of '(he airport,
:at otherwise conS1itute .n airport hllDird....
Property Rights Reeerved
Wfhit ... and .1 provisjons h~of ale eubject and aubordjnate to the terms
and conditions of 1he ins1ruments and documents 'under whfch the Airport
Own.... acquired the subject_ property from the United ,StaIH. of America and
,"all be gWen only .udl effect al wi. not conflict: or be: ;nconalatant with the
tennG and conditione contat.ned in the fease of Slid lands from the Airport
14
O\vnet;i and any existing or subsequent amendments 'thereto, end are subject
to any ordinances; rules or regulations which have been..or may hereafter be
adopted by the Airport Owner pertafnfng to the " " Airport."
Exclusive Rlahts (requWd In auiation leases only)
.,.otwItbstBnclng .n)thing heren contained that may bet or appear to be. to
the con1rary II It" Is expressly" understood and agreed that the rights granted
under this agreement are nott-eXclu&Ne and the le&sor hereinreaerve& the"
right 10 gRlnt similar privileges to another lessee- or other Lessees on ether
parts of the aitp()rt.'t
Escaf.atlon CIIUS8Sw
Since 1118 annual coat of satisfactorily operating and maintatning an airport will
moat IkeJy increase IhtoUghout the term of 'the lease. proviaion. should be
made to insure that fsir mal1<et rental value ~ratee remaln current 1t1roughout
the life of the lease.. Accardlngly. rental ra1es Mould be adjusted at a
minmti...l of 5 ye8I int:temenlt.. An escalating clause or o1her t'tleens -of
.utomaticalty adJu$tlng -nut '- inco~ 'nte long term ... 10 ptOVide
for thi. fdju$l;nent. A 1o~1, .... Of federal CO$t of living index Cltl .,. uti"d
as the basis for det.ermining the inCf8lse. The fallowing is a $IImpr. ctaut.e:
"lesser and Jessee recognJze and agree that the purchaalng po\YW of the
United Slates dollar is evidenced by the (name of appropriate Index).. In
199__ and everyftve years "thereafter', the parties hereto wll compare the
price 'nd. for .aid ,...r with the price IndeX for (slate year 1he lease is
exetUl8c:O and the annual rentaf payments shan be increas$d (or decreased)
in 1he same propoft.on as .aid price index has increased (or d&Ctee8ed) with
the priee index for (state the year the Ie.. tl executed)."
Other AcC*ptable MetbDds .of Adjuadng LIla. Rates
"ThIs )ease.. shin be subJect to revfew and AHtVsluatlOn at the- end of each
_ year period, cy the akpol1 O\ffnef ,and the rent mlY' be adjusted according
to their actloni not to exceed the' Consumer Price tndme rate during the _
monthperiod.,'t ~
"Land leas improvements will be appraised every 5 years and the adjusted
renta' wlil' be bleed on _ pen.:ent (norTnllJy -10-1214) of appraised value-, If
disputed. lessor obtains .,pndsal at his own expense and Iessorliessee
equally share expense tor fevIew appraisal that ,establlshesfaft market value. II
Consideration may be given relating to percent8gesof gl'O.8 sa.. .tc. Ous'
to ..~hding. .and va4ues in the- south~ over the previous ye.1$ many
Ie.... of thisnatu.. fail to command. .ir merket fel1l1t me throughout the
life of the .... If the airport ia located in a hlgh growth area~ Caution shoukt
be used when entering Into this arrangement
RefaMnCa RtilIatIng to 80th Avbltlon and Nan4VIatJon L.....:
· FAA AdvIsory Circular -1501519().1A.: Mini.mum Standards and Com~cill
Aeronautical AdMIeI on Pubic Airports. dated 12/16185.
· FAA Order 5190~ 1A. Exclusive Rights at ArtpOrfs~ dated 10110185.
· FAA Order 5190.8A, Airport Complance Requlrements-1 dlted 10tl189..
15
/l
ACORD'
~
CERTIFICATE OF LIABILITY INSURANCE
DA TE (MM/ODIYVYY)
09/14/2009
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AL TERTHE GOVERAGE AFFORDED BY THE POLICIES BELOW.
I) r~ (. '1 t'.: t _ (.. ) I
\... I .t . L..
. INSUReRS~FFO~DING COVERAGE
i'NSY~EBA: A4E Am lrican Insurance Company
. - "f .r~ \ t '
tNsUReR"'S' I
1
PRODUCER
fv1ARSH
1000 RIDGEWAY LOOP ROAD
MEMPHIS. TN 38120
Alln: Diane Franczyk P: 901.684.3532 F: 9
966896--Liab-09 10
.684.7432
r----
i
l
.J.
INSURED
FEDERAL EXPRESS CORPORATION
3620 HACKS CROSS ROAD.
BUILDING BI 3RD FLOOR
MEMPHIS. TN 38125-8800
C r: ~)
U 1-_:
INSURER c:
r' . CINWRFR D:
., . ''1' I~S1\j~lR E:
NAIC #
22667
COVERAGES 4
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND
CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
"NSR ADDii~ POllCYEFF"iCTNe POLfCY EXPIRATION
l TR : INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MMIDOJYYYY) DATE (MMlDOIYYYY)
GENERAL LIABILITY
. i'
COMMERCIAL GENERAL LIABILITY
I
CLAIMS MADE I
'I .- - H_, ...- .- .. ...-...--
. OCCUR
iA
!
~- ----_. ...-----
i GENERAL AGGREGATE LIMIT APPLIES PERI
r- ...-. i POLICY! -,- - -, j~T I · LOC !
I
X I AUTOMOBilE LIABILITY ! ISAH08581 034
[-"~J ANY AUTO t
._. ALL O\~NFn AI nos
I SCHEDULED AUTOS
1 HIRED AUTOS
1 % 1 /2009
j 10/01/2010
!
NON-OWNED AUTOS
rx--: Deductible $310001000
l,-j - '___n_ ---- ---- --------..---
, 'Per Occurrence
GARAGE LIABILITY
ANY AUTO
OCCUR
CLAIMS MADE
O. '\''\ '()l" I
, f .
I DEDUCTIBLE
..~
RETENTION S
. WORKERS COMPENSATION AND
EMPLOYERS. LIABILITY
, ANY PROPRIETORlPARTNERlEXECUTIVE Y IN
t OFFICER1MEMBER EXCLUDED? '~ I,
, ~";.~~-+- t-!
: f Mandatory in NH) tf yes, desc ~4n~ (~)'" ;"~"'j-- !..,~
SPECiAl PROVISIONS hel i' ..~" .
OTHER ......-. ...=J
DESCRIPTION OF OPERATIONS
MONROE COUNTY BOC
LIMITS
; EACH OCCURRENCE . ~~ _._
r DAMAGEfORENTEO---' ..:$.___...
: ~R.E~.'-~~~jl;~QC:~~f.~r'~_e J
MED EXP ~ Anyone person) : $
PERSONAL & ADV INJURY 1$
f - -------. ---- .. -- -_ _
! GENERAL AGGREGATE i $
r~~U~C~~O~~G1= :_-
i COMBINED SINGLE LIMIT !$
I ~Ea accident) I
I
- - - I
I
:-:--~- =-= I
I
10,0001000 t
I
! 80DIL'r INJURY j$ I
I (Per person); :
i--.--.-------~-----_.--------.-I
i BODILY INJURY : $ i
~ ::~;~~%;MAGE-- f$---- -------- ~---- i
I (Per accident). I
: A~~~L~-EAACCIDENTi$ I
~m~~~t~-~:~~~~=-=:~~:=-=-=:-=-: i
, EACH OCCURRENCE 1$
!AGGREG-AT-E - --- --.----. ___u_ ~$-
~.---~=:._=_._---- ----...------. '~$-
L . ----.- -~.=_-.__~.~_-_-_ q..=~=__.._ _
-.----- ,
!
- - . -- -- !
t-. - ~I~~~I~1~s t.. __ L~~~ _~_____..h_.._
E.L. EACH ACCIDENT $
~"~' DI~~A~~..- ~_~ E_~~~iy~-~~~
E.L. DISEAS[ - pelley LIMIT' $
~SIONS A OED BY ENDORSEMENT/SPECIAL PROVISIONS
8 INSURED UNDER AUTOMOBilE LIABILITY AS REQUIRED BY WRITTEN CONTRACT.
Reference: Contract 95-0858
CERTIFICATE HOLDER
ATL-001916831-13
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER Will ENDEAVOR TO MAil
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT.
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
A~lJ:,~~~B~rl~~~ENTATIVE V~. ~
William J. Lammel
Monroe County Board of County Commission
Risk ~1gmt.
1100 Simonton Street
Key West, FL 33010
ACORD 25 (2009/01)
@ 1998-2009 ACORD CORPORATION. AU Rights Reserved
The ACORD name and logo are registered marks of ACORD
Named Insured:
Federal Express Corporation
3620 Hacks Cross Road. Bldg B. 3rd Floor
Memphis, TN 38125
Certificate of Insurance No. 4633
This certificate is issued a.c; a matter of in formation only and confers no riglts upon the ccnificatc holder.
This certificate does not ammd. extend or alter the cO\'erabJrt: afforded by the policies listed below.
Cancellation: Shoold any of the described policies be cancelled. the is\uing company \.\ill endeavor to mai I ~O days
wrinen notice to the below named cenificate holder. but failure to mail such notice shall impose no obligation or
liability of any kind upon the company.
SEVERABIUlY UABILIlY NOTICE
The stbscribing mSlrers' obligations under contraas of insurance to which they subscribe are several and nO( joint arxi
are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the
subscription of any co-subscribing insurer who fer any reason does na saisfy all or part of its obligation.
NAME AND AnDRESS Of CERTIFICATE HoLDER
Ea~h of the CJbo\e Inc;urers. Irdi\ idualy. hac; authorized Aon Risk Senices South\\est, (nc, to i !\Sue this certiticate on its behalf Aon RI\k Senices Southwest. (ne, is not an
insurer and has no liability of any sort under lhe above poliCieS. na as a re~'U1t of the issuance of lhis Cenificate. Each of the above Insurers is parncipating for Its uwn part
and not one for the other. TM polk)' is subject to an Electronic Date Recognition Exclusion and F.Jcctronic DuteChange Recognition Exclusion Coverage
;,.. . ~..~~~ :" '~'~'_~'H:"._. "-:::'::::,:~-L '__.._
Ii . mcf=t~~vtf,~,:1 ~eM ~esl. FL Monroe County IS included as an
;:~i.; ;'; Additional Insured as its respecti~+ rrterest may appear.
. !! ! i
Ii!: JU L. 1 !} 2009 :j h
Monroe County
ATTN: Art Skelly, Airport Manager
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, FL 33040
TYJIE Ofl CO\'ERAGE
A. AIRCRAFT LIABILITY
in respect of all aircraft owned,
leased. or operated by the Named
Insured, worldwide
B. AIRCRAFT HULL I~SURA:SCE
in respect of all insured aircraft owned
or leased by the Named Insured,
worldwide
c.
COMPREHENSIVE GE:SERAL
LIABILITY
in respect of all Ground Operations of
the Named Insured, including but not
limited to Premises Operations,
Contractual, Products and Completed
Operations, Cargo Legal Liability,
Vehicles operated on restricted
access airport premises,
Hangarskeepers Liability
D.
COMPREHENSIVE AUTOMOBILE
LIABILITY
in respect of all Owned, Hired, and
Non-Owned Automobiles
E.
PROPERTY
Direct Physical Loss or Damage of
Real and Personal Prop6rty, on a
repair or replacement cost basis
Nature of Interest:
Loss Pa~ - As their interests may apply.
Mortga gee
.Additional Insured - As their interests may apply
Other
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PR OOVCER
Aon Risk Services Southwest, Inc.
2711 N. Haskell Avenue, Suite 800
Dallas, Texas 75204
Contact: Michelle Pitt 214-989-0000
UMl1S0P LlABIUTY
Global Aerospace
Policy No. 282940/09
L'ist'RANC! CO~IPA~"Y A.~D PoLICY NUMBER
Various Insurers through Aon Group limited. Aviation
Policy No. AM0909201
Subscribing members of Institute of london
Underwriters for percentages as on file
with Aon Group limited, Aviation
Subscribing Insurance Companies for
percentages as on file
with Aon Group limited. Aviation
ARCH Insurance Co. (Per Intemational-Aero) Policy No:
11CAA5464703
Stamet Insurance Co. (Per Berkley Aviation) Policy No.
BA09A 1041S
$5,000,000
Bodily Injury & Property Damage
Combined Per Occurrence
National Union Fire Company of Pittsburgh PA Policy
No. Hl1853210-06
National Marine & Fire Insurance Company Policy No.
92CVS101722
Xl Specialty Insurance Co. (Per Xl Aerospace)
Policy No. UAOOOO1150AV09A
Allianz Global Risks US Insruance Company
Policy No. A1Al000136809AM
Tiger International Insurance ltd.
Policy No. TIG70109MAIN
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Da Ie J s.~ ued:
6/26/2009
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Peter McKenzie
FEC.802
Attachment to Certificate No. 4633
2b. ADDITIONAL INSURED: "As required by contract, but subject te the terms, conditions and exctusions of the policy, Monroe County BOCC is (are) included
as additional insured{s) as respects operations performed by or for the named insured.
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