03/01/1999 to 03/31/2005 2nd Amendment 02/19/2003Cle*dne
ffircuftCeutl Danny L. Kolhage
Phone:305-292-3550 Fax:305-295-3663
To: James R. "Reggie"Paros, Director
Public Safety
From: Isabel C. DeSantis, -
Deputy Clerk
Date: Friday, February 28, 2003
At the Board meeting on October 16, 2002, the Board approved the following:
Lease Agreement between Monroe County and Federal Express Corporation for
use of air cargo building and unimproved areas around the building at Florida Keys
Marathon Airport, for a period of 24 months, commencing April 1, 2003 and ending on
March 31, 2005.
/extend
Lease Amendment between Monroe County and Mountain Air Cargo, Inc. to
their lease for use of aircraft apron at the Florida Keys Marathon Airport through
March 31, 2005.
Amendment to Lease between Monroe County and Tony D'Aiuto d/b/a Antique
Aircraft Restorations, for a 180 day extension to construct a maintenance hangar at the
Florida Keys Marathon Airport.
Lease Renewal Agreement between Monroe County, Robert DeField and Robert
Cayce, Tenants, for hangar space at the Florida Keys Marathon Airport, for an additional
five (5) year term, beginning November 1, 2002 and ending October 31, 2007.
Purchase/Service Order No. 02/03-15 between Monroe County and URS to
provide Construction Management Services related to the Sheriffs Hangar project at the
Florida Keys Marathon Airport, in the total amount of $76,803.16.
Should you have any questions concerning this matter, please feel free to contact
this office.
Copies: Finance
Bevette Moore, memo only
County Attorney
File
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THIS LEASE AMENDMENT is entered into on the I~/ r . day of ._C-:/ ,
2003, by and between Monroe County. a political subdivision of the State of Florida, hereafter
County. and Mountain Air Cargo. Inc. a corporation, hereafter Lessee.
LEASE AMENDMENT
WHEREAS, on September 20, 2000, the parties entered into an agreement whereby the
County leased to Lessee premises at the Marathon Airport for the purpose of Lessee providing
air transport of cargo;
WHEREAS, the lease agreement of September 20, 2000 expires on March 31, 2003;
WHEREAS, the Lessee is a contractor to Federal Express whose lease at the Marathon
Airport does not expire until March 31,2005; and
WHEREAS, the parties have determined that it would be in their mutual best interest if
Lessee's lease term became co-terminus with that of Federal Express; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The parties hereby agree to extend the term of the lease between them dated
September 20, 2000 for premises at the Marathon Airport (the original lease) until March 31,
2005. A copy of original lease is incorporated into this amendment and attached as Exhibit A.
2. Except as provided in paragraph one, in all other respects the terms and
conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
A nEST: D
By
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Mayor/Chairman
(SEAL)
Attest:
MOUNTAIN AIR CARGO, INC.
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lPPROVED AS TO FORM
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EXHIBIT 'A'
FOR LEASE AMENI?MENT - EXTENTION TO MARCH 31, 2005
LEASE AGREEMENT . DATED 9/20/00
LEASE AMENDMENT. DATED 5/16/01
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LEASE AMENDMENT
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THIS LEASE AMENDMENT is entered into on the /1 t', "'day of i f...+...,
2001, by and between Monroe County, a political subdivision of the State of Florida, hereafter
County, and Mountain Air Cargo,. Inc. a corporation, hereafter Lessee.
WHEREAS, on September 20, 2000, the parties entered into an agreement whereby the
County leased to Lessee premises at the Marathon Airport for the purpose of Lessee providing
air transport of cargo;
WHEREAS, the lease agreement of September 20, 2000 expires on March 31,2002;
WHEREAS, the Lessee is a contractor to Federal Express whose lease at the Marathon
Airport does not expire until March 31,2003; and ..
WHEREAS, the parties have determined that it would be in their mutual best interest if
Lessee's lease term became co-terminus with that of Federal Express; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth be/ow, the parties
agree as follows: ,-
1. The parties hereby agree to extend the term of the lease between them dated
September 20, 2000 for premises at the Marathon Airport (the original lease) until March 31,
2003. A copy of original lease is incorporated into this amendment and attached as Exhibit A.
respects the terms and
BOARD OF COUNTY COMMISSIONERS
2" MONROE COUNTY, FLORIDA
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Mayor/Chairman
(SEAL)
Attest:
MOUNTAIN AIR CARGO, INC.
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AGREEMENT
MARATHON AIRPO~
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.- THIS AGREEMENT is made and entered into on the;2.tfJ day of
SC(en:!"~~(e-- , 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 - PREMISE~
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.
ARnCLE III - TERM
This lease shall commence March 1, 1999, and end on March 31, 2002.
ARnCLE IV - FEES AND CHARGE~
During the term of this lease, Lessee shall pay to the Lessor, rent and landing fees
as follows: #
1. The amount ~f Nine Thousand Nine 'Hundr.ed 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
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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 (So/a) 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 ($2S.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.
ARnCLE V - LANDING FEEl
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 m~ximum 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,
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North Carolina. As such Lessee is responsible for all the operating expenses related to
aircraft, 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 IHOLD 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 t the required
insurance, either a Certificate of Insurance or a certified copy of the actual insurance
policy .
. Lessor, at its sole Q'Ptlon, has the right to '~qUired a certified cop~ of any or all
Insurance polides required by this contract.
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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.
ARnCLE 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, dedare 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. .
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ARnCLE XIII - NOnc~s
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
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.
For Lessee:
Mountain Air Cargo, Inc.
P. O. Box 488
Denver, NC 28037
N WITNESS WHEREOF, the parties have caused this lease to be executed this
of $IC( ,J'M/'", r?4:.tC- , 2000.
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~:OUNTY COMMISSIONERS .
OF NROE COUNTY, FLORJ9t- ,
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By
Mayor/Chairman
(SEAL)
ATTEST:
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MOUNTAIN AIR CARGO, INC.
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EXHIBIT 'B'
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INSURANCE
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1996 Edition
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRAcr
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the Vendor is engaged in providing commercial air transportation and delivety
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 Allport Liability
Insurance whieh will respond to bodily injury and PlOperty damages resulting flOm any elaim
arising out of the air transportation services governed by this contract..
The Monroe County Board of County Commissioners shall be named as Additional Insured.
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The minimum limits of liability shall be S80 million per OCcurrence. "r\1.)
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Modified by Risk Management 1/6/97
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Administrali":l Instructiun
'4709.2
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1996 Edicion
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the commencement of work governed by this con1ract, the Contractor shaII obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include: as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combine,g 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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date 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.
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1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
. prior tGtthe commencement of work, shall obtain Vehicle Liability Insumnce. Coverage shaI1 be
maintained throughout the life of the contract and include, as a minimum, liability covemge for:
· Owneo, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
SI,OOO,OOO Combined Single Limit (CSL)
If split limits are provided, t!!.e minimum limits acceptable shall be:
S 500,000 per Person
SI,OOO,OOO per Occurrence
S 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
ail policies issued to satisfy the above requirements.
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Administralinll ImllruCliclfI
'47U'}.2
83
1996 Edition
WORKERs' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
-
BETWEEN
MONROE COUNTY, FLORIDA
AND
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Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workent Compensation Insurance with limils sufficient to respond to the applicable state
. statutes.
In additioo, the Contractor shall obtain Employers' Liability Insurance with limils 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 maintain~ throughout the entire term of the con~et.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been appro,ved by tbe Florida's Department OfLabar, as an authorized self-
insurer, the County shall n:cogll1Ze and honor the Contractor's status, The Contractor may lie
required to submit a Letter of Authorization iSSued by the Department of Labor and a Cc:ti1icate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financiaI statements from the fund
upon request from the County.
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Administralion In"1111C"liOIl
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EXHIBIT 'e'
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FAA REQUIREMENTS
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'3.
FAA REQUIRED LEAsE CLAUSES
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1.
This lease shall be ~Ubject to review and re-:valuati~
at the end Of each ~ year period, by the alrpOrt
owner and. the rent may be adjusted according to their
action, not to exceed the Consumer Price Index rate
during the last L~ month period, or;
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Land less improvements ~ill be appraised every'~ year:
and the adjusted rental will be based'on nOrmally lO-~
Percent of appraised value. 'If disputed, lessor
Obtains appraisal at ~is expense and l75~o~/lessee
equally share expense for review .ppra~sal that
establishes fair market value.
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 the grounds of race, Color; or
national origin shall be eXClUded from participation
in, denied tile benefits of, or be Otherwise SUbjected
to discrimination in the use of said facilities, (2)
that in the construction of any ilIIprovements ,:,n, over
or under !:'ach land and the furnishing of servlCes
thereon, no person on the grOunds of race, COlor, .or
national origin shall be eXcluded from participation .
in, denied tile benefits of, or be otherwise SUbjected
to discrimination, CJ) 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 Transporta~~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 ~Y be
aJnend(!d.
2.
That in the eVent of breach of any of the above
nondiscrimination covenants, Airport Owner shall have
tile right to terminate the lease and to re-enter and~';
if said lease had never been made or issued. The .
prOViSion shall not be effectiVe until the procedures .
Of Title 49, Code Of Federal Regulations, Part 2; are' ~.
fOllowed and comPleted inCLUding exercise or exp1rati~..
Of appeal rights. . '.
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It shall be a condition Of this lease, that the lessor.
reserves unto itself, it: successors ana asSigns, for
tile u;,", and benefit of the PUblic, a right of flight...
for th\! passage of aIrcraft in the airspace ahove the
c''''[~':e of tile! rPoa 1 proP<:rty h"r"i nafter de!,,"cribed,
tn')..,tlt,,,, with 1:11" ri'1ltl: 1:0 '~."'::" ill ""ill "ir:;p"'C" :mcb
nff i :;,. .t:: milY hr. i !l1t":-"!:1 i., I b,. "L,_. .. .
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now kno~ or hereafter,~ed, 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 itsel~, its
successors and assigns, to restrict the he~ght of
structures, Objects of natural gro~ and other
Obstructions on the hereinafter described real ~~p~
to such a height so as to camRly with FederalAV~at1on
Regulations, Part 77.' .
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That the Lessee expr6~sly agrees for itself, its
successors and assigns, to prevent. any ~e 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. '.
4. This lease and all provlS~ons hereof are subjec;t 'and
SUbordinate to the terms and conditions of the" ,
instruments and documents under which the Airport, O~er
acquired ~le SUbject proPerty from the United States of
America and shall be given only SUch effect as will not
conflict o~'be inconsistent with the terms and
conditions contained in the lease of said lands fram
the Airport O~er, and any existing or subsequent
amendments thereto, and are SUbject to any ordinances,
rules or regulations Which have been, or may hereafter
be adoDted by the Airport o~er Pertaining to the
1Yl ~ Airport.
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S. NotWithstanding anything herein contained that may be,
or apPear to be, to the ccntrary, it is expressly .
un~erstood and.agreed that the rights granted under.
thls agre""'ent are nonl!JCClusi ve and the Lessen;- hereut
reserves the right to 9'rant s:imi1ar privileq"es to
another Lessee or other Lessees on oth~'parts of the
airport.
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