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2. 03/01/1994 to 02/28/1995 04/21/1994 Jeann!, 1.. Itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STRE2T KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORAND!!M TO: Peter Horton, Director Division of Community Services FROM: Isabel C. DeSantis, Deputy Clerk ~ ~ If" 6 DATE: Sept.ember 16, 1994 At the j~priI21, 1994 meeting, the Board granted approval and authorized execution of a Lease Agreement between Monroe County and Cape Air at the Key West International Airport. .! Attache~d hereto is a fully-executed duplicate original of the subject document for return to CapE~ Air. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney COtlnty Administrator, w/o document Ris1k Management, w/o document Finance FiIE~ ~;.. ~ : L E ["1 ~ t ~ . t (':! ~ LEASE AGREEMENT .Q4 ~~p lh -Ul .00 BETWEEN MONROE tdtrN~~, ~LORIDA (Lesso~) ~nd.l. CAPE AIR (Lessee) Key West International Airpo.r.tl.1t. l~ i r', I r. ~lQNR(1: UN' , THIS LEASE AGREEMENT, made and entered into as of this (j..\St-. day of ~;, \ , 1994, by and between the MONROE C;OUNTY, a political s\lbdivision of the State of Florida, ( "CO\In ty''') and CAPE AIR a corporation allthorized to do b\lS ines S in the State of Florida, ("Les see") , and whose mailing address is c/o Daniel A. Wolf, President, Barnstable Municipal Airport, East Ramp, Hyannis, MA 02601 WIT N E SSE T H: WHEREAS, CO\lnty owns an airport known as the Key West International Airport located in Key West, Monroe County, Florida, hereinafter called the "Airport", and WHEREAS, Lessee is engaged in the b\lSiness of air transpor- tation with respect to persons, property, cargo and mail, and WHEREAS, Lessee desires to obtain certain rights, services and privileges in connection with the \lSe of the Airport and its facilities; and the CO\lnty is willing to grant and lease the same to Lessee on a non-eXCl\lSive basis llpon the terms and conditions hereinafter stated, NOW, THEREFORE, for and in. consideration of the premises and of the IDllt\lal covenants and agreements herein contained, and other val\lable considerations, COllnty does hereby grant and lease llnto Lessee, and Lessee does hereby llire and take from CO\lnty certain premises, facilities, rights, licenses, services and privileges in connection with and on the Airport, as follows, to-wit: ARTICLE I - PREMISES A. PREMISES LEASED. The CO\lnty does hereby lease to the Lessee that space as marked on Extlibit "A" attached hereto and made a part hereof at the Key West International Airport located in Key West, Monroe CO\lnty, Florida, in accordance with the terms and conditions as set forth in this Agreement. B. USE OF THE AIRPORT. Lessee shall be entitled to lIse, in common 'wi th others allthorized to do SO, of tIle Airport and app\lrten.ances, together with all facilities eq\lipment, improve- ments artd services which have been or may hereafter be provided at or i.n connection with the Airport for common \lSe, in the operation of a transportation system by aircraft for the carriage of persons, property, cargo, mail and related pllrposes (hereinaf- ter refe~rred to as Air Transportation), which \lSe witho\lt limit- ing the generality hereof, shall include: 1. the handling, ticketing, billing and manifesting of passengers, baggage, cargo, property and mail in Air Transportation by Lessee. 2. the landing, taking off, flying, taxiing, towing, parking, loading and \lnloading of Lessee's air- craft, or other equipment operated by Lessee, \lsed in tIle operation of sched\lled, special and charter fligllts, inclllding withollt limiting tIle generality hereof, the right to load and unload Lessee's aircraft adjacent to Lessee's temporary terminal building, upon approval of the Director of Airports. 3. the loading and unloading of property, cargo and mail at said Airport by such motor vehicles or other means of conveyance as Lessee may req\lire ill the conduct of Air Transportation, with the right to designate the particlllar carrier or carriers 2 who shall reglIlarly transport Lessee's property, cargo and mail to and from the Airport. C. SPACE ADJACENT TO TERMINAL BUILDING. Lessee is hereby granted non-exclllsive lIse, in common with others, of SllCh space and facilities as may be designated by COllnty in or adj acent to said Terminal Building consisting of a ground area to permit the taxiing, servicing, loading and \Inloading of Lessee's aircraft, space f()r reasonable amOllnt of apron eqllipment, loading gates, and ligllting for loading ramps and for other areas adj acent to the Tertninal Bllilding and llsed by passengers. Lessee may llse SllCh space and facilities in the Terminal Bllilding; with respect to which it is granted the non-exclllsive llse herc~llnder, Sllbj ect to reasonable rllles and reglllations of C01Inty a.s to the 1Ise of SllCh space and facilities, for any or all purposes in connection with or incidental to its bllsiness of Air Transportation, inc Illding, wi th01It limiting the generality hereof, the handling, ticketing, billing and manifesting of passengers, baggage, cargo, property and mail and the installa- tion, maintenance and operation of radio and other commllnications eqllipment and facilities, and meteorological and navigation eqllipment and facilities. D. PARKING SPACE. Adeqllate and reasonably convenient vehiclllar parking spaces shall be provided by COllnty at a 10- cation selected by COllnty, where it will not interfere with operations at the Airport, for the use of Lessee and its employees. The COllnty reserves the right to ctlarge Lessee and its empl,oyees for parking at a flltllre date. 3 E. RIGHT OF INGRESS AND EGRESS. The right of ingress to and egrE~ss from, bl1t not the llse of, except as provided in this Lease, the premises and facilities referred to in Sections "A" to "D" inc l\lS i ve above, for Lessee , its emp loyees, agents, passen- gers, gllests, patrons, its stlppliers of materials or fllrnishers of service or their said property except as herein contained shall bE~ deemed to limit COtlnty' s right to impose charges llpon gro\lnd transportation services. F . ADEQUATE UTILIZATION OF PREMISES. In the event the premises, or any part thereof, are not being adeq\lately \ltilized by the Lessee, as provided herein, the CO\lnty reserves the right, \lpOn written notice, witho\lt liability by the CO\lnty to the Lessee, to make available the premises or any part thereof to third pH.rties on joint \ltilization bases or to terminate this Agreement. The County shall notify the Lessee of such action, in writing, no less than thirty (30) calendar days prior to imple- menting stIch joint \ltilization or termination. Any monies paid by the trlird party shall aCCr\le to the CO\lnty and the Lessee shall receive abatement of rentals due, for the applicable premises, on a fair and eql1itable basis. For the p\lrpOSes of this provisions, the Lessee shall be deemed not to be adequately \ltilizing the premises whenever the Lessee is reg\llarly operating fewer than fO\lrteen (14) depart\lre fligllts Ollt of tIle Airport per week. TIle Lessee may, llpon no less ttlen thirty (30) calendar days written notice to the COllnty, reSllme f\ll1 \ltilization of the premises. Such notice shall contain a statement that the Lessee 4 will operate at least fourteen (14) departure flights per week out of the Airport and shall include a plan schedule of such operations. The written notice shall be signed by an authorized officer of the Lessee. G. No smoking. Smoking is prohibited on the leased premises. The Lessee must not allow its employees or invitees to smoke on the leased premises. ARTICLE II - TERM This lease and all rights herein granted Lessee shall become operative and effective on March 1, 1994, and shall end on Februar'y 28, 1995, unless sooner terminated as hereinafter provide.d. ARTICLE III - RENTALS AND FEES Lessee agrees to pay County at such places as County may designate for the use of the premises, facilities, rights, licenses, services and privileges granted hereunder, the follow- itlg rerltals, fees and charges, all payable in monthly install- ments covering the ensuing calendar month. In the event that the commencement of termination of the term with respect to any of the particular premises, facilities, rights, licenses, services, and privileges as herein provided falls on any date other than the first or last day of a calendar month, the applicable rentals, fees and charges for that months shall be paid for said month l)rorata according to the number of days in that month t\ during which said particular premises, facilities, rights, .~ I} licenses, services and privileges were enjoyed; and County shall, ~r following the end of each calendar month, transmit to Lessee a I statement of the rentals, fees and charges incurred by Lessee 5 during said month as hereinafter provided, and the same shall be paid by Lessee within thirty (30) days after receipt of SllCh statement. A. RENTAL WITH RESPECT TO SPACE IN THE TERMINAL. Rental of S\lch space herein leased to Lessee as shown on Exllibit "A" attached hereto and made a part hereof, shall be at the following rates pa.yable monthly the first of said payments to be dlle the 1st day' of March, 1994 and one of said monthly payments to become d\le and payable on the first day of each and every month thereafter dllring the term of this Lease. 1. 460 sq\lare feet of ticket CO\lnter space, passenger screening and seating at $18.54 per sqllare foot per ann\lm. 2. 187 sq\lare feet of office space at $13.24 per sq\lare foot per ann\lm. 3. 280 square feet of covered porch space at ~lO.59 per square foot per ann\m. 4. Trash collection fee at $1,800 per annum. In addition, the Lessee shall maintain the security deposit or letter of credit in the amOllnt of $2,500.00 preViO\lsly deposited with tIle COllnty in connection with the predecessor lease. B. LANDING FEES. From and after commencement of the term of this Lease, rentals, fees and charges for ttle \lSe of the landing area and facilities necessary therefore as granted here\lnde'r, except those which rentals are specifically provided elsewhere, shall be combined in and represented by a landing fee based \lpOn the approved maXim\lm landing weight of the Lessee's 6 Actllal Revenlle Trip Arrivals at the Airport each monttl as fol- lows: THE FOLLOWING AS ILLUSTRATIVE EXAMPLE ONLY $. 63 per 1, 000 pOllnds of approved maximllm gross landing weigllt. A minimllm landing fee of $7.88 will be charged for all aircraft weighing less than 12,500 lbs. gross landing weight. Lessee shall report to the CO\lnty not later than the 10th day of each month, the Lessee's Actllal Revenlle Trip Arrivals at the Airport dllring the preceding calendar mont11, which sha 11 inc l\lde the nlmber and type of such arrivals. The nlmber of arrivals so operated, and multiplied by the applicable approved maximlm gross landing weights for eactl type of aircraft, shall determine ttle weight f'or which the monthly payment shall be made. The. term "approved maximllID gross landing weight" for any aircraft as llsed herein, shall be the maximllm gross landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport herein. (Included in this report ~vill be the total nllmber of passenger enplanements and deplanernents for that month). Sllbj ect to reasonable rllles and reglllations adopted by the COllnty, it is expressly agreed that payment of landing fees shall entitle Lessee to the use of the loading apron at or adjacent to the Terminal Bllilding for sllch reasonable time as may be reqllired by Lessee for the loading and unloading of its aircraft; provid- ed, however, tllat Lessee srlall incllr no penalty or charge for additional time reslllting from llnavoidable delays dlle to weather conditions, minor mechanical defects or other delays beyond control of Lessee, except when sllch delays preclllde llse of the 7 apron b~, other commercial air carriers that are operating to or from t1:le Airport. Sllbj ect to Les see's right s llnder Artic Ie I hereof, the COlInty reserves the right to designate al ternate parking areas if deemed desirable or necessary. Fllrthermore, in the e"le11t the Lessee desires to llse the Airport apron and ramp faciliti.es for aircraft storage pllrposes for more than fOllr (4) hOllrs prior approval mtIst be obtai11ed from the COllnty who will determirle wtlat apron or ramp areas are available for this ptlrpose. c. TAXES AND ASSESSMENTS. Lessee shall pay all taxes and assessments, incltlding any sales or llse tax, which may be lawflllly' levied by a dtlly constitllted taxing body tlpon Lessee with respect to its operation at the Airport. The COllnty agrees not to levy any license or permit fee or special assessment on Lessee that wOllld restrict or interfere with the exercise and enjoyment of the rights and privileges granted herein; provided this sha.ll not prevent the COllnty from making charges to Lessee for the use of the Airport, its facilities and services as herein specifically authorized. D. DOUBLE RENTAL. In the event that ttle Lessee remains in possession of the premises beyond the expiration or termination of this Agreement, Lessee shall be botlnd by all of the terms and conditio.ns of this Agreement to the same extent as if ttlis Agreement were in ftlll force and effect dtlring the time beyond the expiration date of this Agreement. However, dllring any stIch possession of the premises as a holdover tenant after the COlInty llas demanded the retllrn of the premises, the Lessee shall be 8 liable for dOlIble rentals for so long as the Lessee remains in pas ses s ion after SllCh demand, SllCh rentals to be based llpon the rental rates applicable from time to time, in whole or in part to the premises. E. LATE PAYMENT CHARGES. In the event that the Lessee fails to make any payments, as reqllired to be paid llnder the provisions of this Agreement, within ten (10) business days after same shall become dlle, interest at the rate established from time to time by tIle Board of COllnty Commiss ioners of Monroe COllnty, Florida, (cllrrently set at 12% per rnontll), stlall accrlle against the delinqllent payment(s) from ttle original dlle date llntil the COllnty actllally receives payment. The right of the COllnty to reqllire payment of SllCh interest and the obligation of the Lessee to pay same s11all be in addition to and not in liell of the rights of the COllnty to enforce other provis ions herein, inc Illding termination of this Agreement, and to pllrSlle other remedies provided by law. F. DEFAULT FOR FAILURE TO PAY RENTALSt FEES AND CHARGES In the event Lessee fails to pay any rental on the first of each month, sllcrl fai lllre shall be a defalll t of this Lease. COllnty may, at its option, immediately or B.t any time thereafter, enter into and llpon the premises hereby leased or any part thereof and in the :name of the whole, and repossess the same of COllnty' s former estate, and expel Lessee and those claiming by, through or llnder it, and remove its effects, forcibly if necessary, wi thOllt being deemed gllilty of trespass and withollt prejlldice to any remedy which otherwise might be llsed for arrears of rent or 9 preceding breach of covenant; on the re-entry aforesaid, this Lease shall terminate. FlIrther, if Lessee fails to perform any of the other covenants of this Lease and SllCh defalllt shall continue for fifteen (15) days after notice thereof is given in writing by the COlInty (llnless a shorter time is provided elsewhere), or fail\lre to correct any violation s11all continlle for fifteen (15) days after notice thereof is given in writing by the COtInty (tInless a shorter time is provided elsewhere), or its agents or attorneys to said Lessee, the COtInty may, at its option, forthwith declare this Lease forfeited, and may immediately re-enter and repossess said leased property, and any of the rents prepaid hereunder shall be forfeited by the Lessee, and in 11.0 way s11all effect the collection of any other damages which ma.y be dtIe the COtInty as a restIlt of any of said defatIlts. Itl the event COtInty is obligated to participate in any CO\lrt proceeding in order to enforce any of its rights tInder this paragraph or to collect its rentals, fees and charges, County, if sllccessftIl in p\lrSlIing stIch litigation, shall be entitled to an additional amOtInt in stIch StIrn as any District or CirCtIit COlIrt having competent jlIrisdiction stlall determine as a reasonable attorney's fee. ARTICLE IV - MAINTENANCE AND REPAIR BY LESSEE COtInty shall keep the Airport free of obstrtlctions, incltId- ing the clearing and removal of grass, stones, or other foreign matter, as reasonably necessary and with reasonable promptness, from the rtlnway, taxiway and loading area, and immediately adj acellt to stIch rtInways, taxiway and loading areas for the safe, 10 convenient and proper llse of the Airport by Lessee, and shall maintain and operate the Airport in all respects in a manner at least eqllal to the highest standards or ratings isslled by ttle Federal Aviation Administration, for airports of sllbstantially similar size and character and in accordance with all rules and reglllations of the Federal Aviation Administration and any other Governmental Agency having jllrisdiction thereof, providing that nothing herein contained shall be deemed to reqllire COlIIlty to enlarge the landing area, rllnway, taxiway or other appllrtenances of the Airport. Lessee shall not perform any cleaning or mainte- nance of aircraft except in designated areas. Fllrther, it is specifically agreed that no cleaning or maintenance of aircraft shall bE~ performed on Airport rllnways or ramps, except withollt the prior approval of Lessor or Lessee's representative. The Lessee shall pay for its own garbage service and electrical power in its exclllsive areas. T11e Lessee shall, at its expense, repair, maintain or replace, as may be reqllired, all plllmbing and electrical fixtllres, inclllding bllt not limited to, incandescent blllbs or flllorescent tllbes or other ligtlting devices located in its exc IllS i ve area wi thin the space leased herellnder. COlInty, at its cost, shall also provide and supply adequate lighting for the common departllre area, vehiclllar parking spaces, loading ramps, adeqllate field lighting on and for the Airport, inclllding withollt limiting the generality hereof, landing lights and beacons. COllnty shall also provide janitorial services necessary to keep the common departllre area, the pllblic and passenger space, and vehicular parking spaces and the landing field of the Airport at 11 all times clean, neat, orderly, sanitary and presentable. Determination of adeqtlacy, as tlsed throtlghotlt this ARTICLE IV, stlall be made solely by COtlnty btIt shall be at least eqtlal to tIle standards for airports of sllbstantially similar size and nature. Maintenance and repair shall be in qtlality and class eqllal to or better than the original work to preserve the premises in good order and condition. The Lessee shall repair all damage callsed by Lessee and it employees, agents, independent contrac- tors, patrons, servants or invitees. Prior to or at termination of this Agreement, injury done by the installation or removal of fllrnittlre and personal property of the Lessee shall be repaired so as to restore the premises to ttleir original state, and to qlIit and stlrrender of the premises in the same good order and condition as it was at the commencement of this Agreement, reasonable wear and tear accepted. Upon failure of the Lessee to clean maintain, repair, replace and refurbish the premises as required by this Article, the COtlnty may, following thirty (30) days written notice to Lessee, enter tIpOn the premises and perform all work wtlich in the jlldgment of the COllnty made be necessary, and the COtlnty shall add the cost of stlch work, pltls twenty-five percent (25%) for administrative cost to the rent dlle lleretlnder on the first day of the month following the date of StIch work, and such cost shall be and constittlte a part of ttle rent. Stlbseqtlent to receipt of a notice of intent to perform repairs or cleantIp from the CO\lnty, Lessee shall not llndertake performance of stlch repairs or cleantlp witho\lt specific prior written a\ltllorization from the CO\lnty. 12 ARTICLE V - GOVERNMENTAL FACILITIES It is expressly agreed that if f\lnds for the provision, maintenance and operation of the Control Tower and/or other air navigation aids or other facilities req\lired or permitted by ttle United States and needed by the Lessee or Lessee's operation at the Airport, which are now, or may be hereafter f\lrnished by the United States, are discontin\led by the United States, CO\lnty shall not be req\lired to f\lrnish said facilities. ARTICLE VI - RULES AND REGULATIONS 1 A. COMPLIANCE. Lessee shall comply with all ordinances of ttle CO\lnty, incl\lding any reasonable r\lles and reg\llations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, stat\ltes, ordinances, reg\llations and rllles of the federal, state and CO\lnty govern- ments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations or activ- ities under this Agreement, incl\lding specifically, without limiting the generality hereof, federal air and safety laws and reg\llations and federal, state, and CO\lnty environmental, hazard- O\lS waste and materials and nat\lral reSO\lrCeS laws, reg\llations and permits. B. VIOLATIONS. The Lessee agrees to pay on behalf of the CO\lnty any penalty, assessment, or fine, iSS\led against the COllnty, or to defend in the name of the County any claim, assess- ment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or CO\lnty governments, based in whole or s\lbstantial part \lpOn a claim or allegation 13 that the Lessee, its agents, employees or invitees have violated any law, ordinance, regl.llation, rule or directives described in ARTICLE VI (A) above or plan or program developed in compliance tllerewi th. ARTICLE VII - TERMINATION BY LESSOR A. PAYMENT DEFAULTS. Faill.lre of the Lessee to make all payments of rentals, fees and charges reqllired to be paid herein when dlle shall constitllte a defalllt, and the COllnty may, at its option, terminate this Agreement after five (5) calendar days notice in writing to the Lessee llnless the default be cllred wi thin trle notice period. StIch notice shall be in compliance witil Florida stattltory reqtlirements, incltlding Section 83.20, as sllch statlltory reqtlirements may be amended from time to time. B. INSURANCE DEFAULT. TIle COllnty shall have the right, llpon ten (10) calendar days written notice to the Lessee to terminate this Agreement if the Lessee fails to provide evidence of insllrance coverage in strict compliance with ARTICLE XIII hereof prior to commencement of operations, or fails to provide a renewal of said evidence llpon its expiration and re-entered and repossess the premises as provided in Art. III(F). C. OTHER DEFAULTS. The COllnty shall have the rigrlt, llpon fifteen (15) calendar days written notice to the Lessee to terminate this Agreement llpon the OCCllrrence of anyone or more of tile following, llnless the same sllall have been corrected wi thin StIch period: 1. Failllre of the Lessee to comply with any covenants of this Agreement, other than the covenants to pay renta ls, fees and charges when dlle, and the covenants to provide reqllired evidence of insllrance coverage. 14 2. The cOndtIct of any btlSiness, the performance of any service, or the merchandising of any prOdtIct or service not specifically authorized herein. D. HABITUAL DEFAULT. Notwi ttlS tanding the foregoing, in the event that the Lessee has freqtlently, regtllarly, or repeti- tively defalllted in the performance of or breached any of the terms, covenants and conditions reqtlired herein to be kept and performed by the Lessee, in the sole opinion of the COtInty and regardless of whether the Lessee has ctlred each individtlal condi tion of breach or defatll t as provided in sllbsections (A) throllgh (C) hereinabove, the Lessee shall be determined by the COllnty to be a "habittIal violator." At the time that stIch determination is made, the COllnty shall iSSlIe to the Lessee a written notice advising of sllcrl determination and citing the cirCllms tances therefore. SllCh notice shall also advise the Lessee that there shall be no further notice or grace periods to correct any stlbseqtlent breach (es) or defatll t (s) and that any stlbseqllent breach{es) or defalllt{s), of whatever nattlre, taken with all preViOtlS breactles and defatllts, shall be considered Cllmtllative and, collectively, shall constitllte a condition of nonctlrable defatIlt and grollnds for immediate termination of this Agreement. In the event of any StIch sllbseqtlent breach or de- falllt, the COllnty may cancel this Agreement llpon the giving of written notice of termination to the Lessee, SllCh termination to be effective llpon the tenth day following the date of receipt tllereof and all payments dlle herellnder shall be payable to said date, and the Lessee shall 11ave no ftlrther rights herellnder. 15 ARTICLE VIII - AUTOMATIC TERMINATION The abandonnlent by the Lessee of the premises or disc.ontin- uance of operations at the Airport for any period of time exceed- ing fifteen (15) conseclltive calendar days sllall constitllte a default by the Lessee and cause this Agreement to automatically terminate. ARTICLE IX - ACTIONS OF TERMINATION The Lessee sllall vacate, qlIit, sllrrender IIp and deliver the premises to the COllnty on or before the termination date of this Agreement, whetller by lapse of time or ot11erwise. The Lessee shall sllrl"'ender the premises in the condition reqlIired llnder ARTICLE IV herein. All repairs for which the Lessee is responsible shall be completed prior to sllrrender. The "Lessee shall deliver to ttle COlInty all keys to the premises llpon Sllrren- der. On or before the termination date of this Agreement, except in the instance of termination pllrsllant to ARTICLE VIII, in which event, the Lessee shall be allowed IIp to five (5) calendar days from date of termination, and provided that the Lessee is not in defalIlt in t1:le payment of any rentals, fees or other charges required to be paid herein, the Lessee shall remove all of its personal property from the premises. Any personal property of the Lessee not removed in accordance with ttlis Article may be removed by the COllnty for storage at the cost of ttle Lessee. Failure on the part of the Lessee to reclaim its personal proper- ty withi.n thirty (30) days from the date of termination shall constitlIte a gratllitollS transfer of title thereof to the COllnty 16 for whatever disposition is deemed to be in the best interest of the CO'lnty. The Lessee shall, at its expense, take all actions req'lired by federal, state and local laws, reglllations or codes to remove from the premises any hazardolls Sllbstance or environmental contaminate, whether stored in drllms, or fOlInd in vats, contain- ers, distriblltion pipelines, or the like. All sllcrl sl.lbstances and contaminates shall be removed by the Lessee in a manner approved. and alIthorized by SllCh federal, s tate or local laws, reglIlations or codes. If the COllnty advises the Lessee that it has reason to believe that any hazardolls sllbstance or environmental contaminate llas been released within the premises or into the grolInd 11nder the premises, then ttle Lessee at its expense stlall retain an approved environmental consl.lltant to perform whatever environ- mental assessment may be reqllired to determine the extent of Sllctl release. Lessee shall comply with the recommendations and conc IllS ions, contingent llpon COlInty approval, of SllCh conslll tant regarding environmental cleanllP efforts that may be reqllired, and shall comply with any other cleanllp req'lirements imposed on the Lessee by federal, state or local laws, reglllations or codes. Notwithstanding any other provisions of this Agreement, the Lessee shall have no liability to the COllnty for any violation of environmental law which is attriblItable to the acts or omissions of any person other than the Lessee, its agents, employees, invitees, or contractors (nor shall such violations constitute a defalIlt or breach of this Agreement). Nothing in this Article or 17 Agreement shall affect the Lessee's liability for environmental violations as separately provided for in any federal, state or local laws. ARTICLE X - LIEN UPON PERSONAL PROPERTY III the event of termination for defalIlt or llpon termination of this Agreement by its term the COllnty shall llave a lien llpon all personal property of the Lessee to seClIre the payment of any llnpaid rentals, fees and charges accrlling llnder the terms of this Agreement. ARTICLE XI - CANCELLATION BY LESSEE Lessee may cancel this Agreement any time that Lessee is not in defalll t in its payments to COlInty herelInder, by giving COlInty thirty (30) days advance written notice to be served as hereinaf- ter pro,rided, llpon or after ttle happening of anyone of the following events: A. IsslIance by any COlIrt of competent jlIrisdiction of an injunction in any way preventing or restraining the llse of the Airport or any part thereof for airport purposes, and the remaining in force of SllCh injlInction for a period of at least ninety (90) days. B. The inability of Lessee to use, for a period in excess of ninety (90) days, the Airport or any of the premises, facilities, rights, licenses, services or privileges leased to Lessee herelInder, because of fire, explosion, earthquake, other caslIal ty, or acts of God or the pllblic enemy, provided that the same is not caused by negligence or willfl11 acts of failllre to act on part of Lessee. C. The default by the County in performance of any covenant or agreement herein req\lired to be performed by the COlInty and the failllre of COlInty to remedy such default for a period of ninety (90) days after receipt from Lessee of written notice to remedy same; provided, however, that no notice of cancellation, as provided above, shall be of 18 any force or effect if County shall have remedied the default prior to receipt of Lessee's notice of cancellation. D. The lawful ass\mption by the United States Government or any a\ltllorized agency thereof of the operation, control or use of the Airport and facilities, or any substantial part or parts thereof, in s\lch a manner as stlbstantially to restrict Lessee, for a period of at least ninety (90) days, from operating thereon for the carrying of passengers, cargo, property and United States Mail. E. The fail\lre or ref\ISal of the FAA to grant Lessee the right to operate an airline. Lessee's performance of all or any part of this Agreement for or d\lring any period or periods after a defa\llt of any of the terms, covenants and conditions herein contained to be performed, kept and observed by County, shall not be deemed a waiver of any rigllt on the part of Lessee to cancel this Agreement for fail\lre by CO\lnty to so perform, keep or observe any of the terms, covenants or conditions hereof to be performed, kept or observed. No waiver of defatll t by Les see of any of tIle terms, covenants or conditions hereof to be performed, kept and observed by the CO\lnty shall be constr\led to be or act as a waiver by Lessee of any s\lbseq\lent defa\ll t of any of the terms, covenants and con- ditions herein contained to be performed, kept and observed by the CO\lnty. ARTICLE XII - INDEMNITY Lessee shall protect, defend, and tlold the CO\lnty and its officers, agents and employees completely harmless from and against any and all liabilities, losses, s\lits, claims, j\ldg- ments, fines or demands arising by reason of injury or death of any person or damage to any property, incl\lding all reasonable 19 costs .for investigation and defense thereof (including but not limited to attorney's fees, court costs, and expert fees), of any nature whatsoever arising out of or incident to this Agreement and/or the use or occupancy of the leased premises or the acts or omissions of officers, agents, employees, contractors, subcon- tractors, licensees, or invitees of the Lessee regardless of where the injury, death, or damage may occur, unless such injury, death or damage is caused by the sole act of negligence of the County. The County shall give to the Lessee reasonable notice of any such claims or actions. The provisions of this Article shall survive the expiration or early termination of this Agreement. ARTICLE XIII - INSURANCE Prior to the commencement of work governed by this lease agreement (including the pre-staging of personnel and material), the Lessee shall obtain, at his own expense, insurance as specified in the attached schedules, marked as Exhibit "B," which are made part of this lease agreement. The Lessee will ensure that the insurance obtained will extend protection to all Contractors engaged by the Lessee. Lessee will not be permitted to commence work governed by this lease agreement (including the pre-staging of personnel and material), 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. Failure to comply with this provision may result in the immediate suspension of all 20 activities conducted by the Lessee and its Contractors until the required insurance has been reinstated or replaced. Lessee shall provide, to the Lessor, as satisfactory evidence of the required insurance, either: * Certificate of Insurance or * A Certified copy of the actual insurance policy The Lessor, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. 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 Lessee's insurance shall not be construed as relieving Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. 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 approved by Monroe County Risk Management. ARTICLE XIV - PERSONAL PROPERTY Any personal property of the Lessee or of others placed in the premises in the Airport shall be at the sole rislc of the 21 Lessee or the owners thereof, and the COtlnty shall not be liable for any loss or damage. ARTICLE XV - SURRENDER OF POSSESSION Upon the expiration or other termination of this Lease or any renewal thereof, Lessee's right to use the premises, facilities, rights, licenses, services and privileges herein leased shall cease and Lessee shall forthwith tIpOn stlcll expiration or termination stlrrender the same. ARTICLE XVI - DEFINITIONS OF TERMS Whenever the term Federal Aviation Administration is used in this Lease it sliall be constrtled as referring to the Federal Aviation Administration created by the Federal Government tInder the Federal Aviation Act of 1958, or to such other Federal Government atIthority as may be the S'lICCeSSor thereto or to be vested with the same or similar authority. Whenever the terms "person" and "persons" are tIsed in the Lease, t'hey shall be constrlled as incltlding individtlals, firms, corporations and other legal entities. When, in this Agreement, wri tten approval by COl.lnty is reqtIired, stIch written approval may be given by tIle Director of Airports for COtlnty. ARTICLE XVII - INSPECTION BY COUNTY COtlnty may enter 'llpOn the premises now or rlereafter leased eXCltlSively to Lessee heretInder at any reasonable time for any pllrpose 'necessary, incidental to or connected wi tti the perfor- mance of its obligations herellnder, or in ttie exercise of its governmental fllnctions. 22 ARTICLE XVIII - ASSIGNMENT AND SUBLETTING Lessee shall not at any time assign this Agreement or any part thereof, nor sllblet all or any portion of the leased prem- ises herein without written approval of the Board COllnty Commissi.oners; provided, however, tr1a t COllnty shall not llnreasonably withhold approval. The prollibitions above stated inclllde assignment of this Agreement to any corporatiorl with w11ich Lessee may merge or consolidate or which may sllcceed all or any portion of the business of Lessee. ARTICLE XIX - NOTICES Notices to COllnty provided for herein shall be sllfficient if sent by certified mail, postage prepaid, addressed to: Mayor & Chairman of the Board of COllnty Commissioners MONROE COUNTY COURTHOUSE P.O. Box 1680 Key West, Florida 33040 and notice to Lessee, if sent by certified mail, postage prepaid, addressed to: CAPE AIR c/o Daniel A. Wolf, President Barnstable Municipal Airport East Ramp Hyannis, MA 02601 or to such other respective addresses as the parties may desig- nate to each other in writing from time to time. ARTICLE XX - PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience of reference and are not intended to define or limit the scope of any provision in this Lease. 23 ARTICLE XXI - INVALID PROVISIONS In tIle event any covenant, condition or provision Ilerein contained is held to be invalid by any court of competent jllris- diction, the invalidity of any SllCh covenant, condition or provision shall in no way effect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejlIdice either County or Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this Lease. ARTICLE XXII - SUCCESSORS AND ASSIGNS BOUND BY COVENANTS All the covenants, stiplllations and agreements in this Lease st1all extend to and bind the legal representatives, Sllccessors and assigns of the respective parties hereto. ARTICLE XXIII - NON-DISCRIMINATION CLAUSE A. Lessee shall fllrnistl all services allthorized llnder this agreement on a fair, eq\lal, and non-discriminatory basis to all persons or users thereof, charging fair, reasonable, and non-discriminatory prices for all items and services which it is permitted to sell or render tlnder the provisions hereof. Provid- ed, however, that nothing contained in this paragraph or in any other paragraph of this Agreement shall be construed as re~liring the Lessee to seek approval by Monroe COllnty before or after Lessee establishes or alters its air fares or charges. B. Tt1e Lessee for itself, his personal representatives, Sllccessors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that 24 1) no person on the grollnds of race, color, or national origin shall be exclllded from participation in, denied the benefits of, or be otherwise slilijected to discrimination in the llse of said facilities; 2) that in the constrllction of any improvements on, over or \lnder stlch land and the fllrnistling or services thereon, no person on the grounds of race, color, or national origin shall be eXCI\lded from participation in, denied the benefits of, or be otherwise s\lbjected to discrimination; 3) that the Lessee shall use the premises in compliance with all other req\lirements imposed by or p\lrS\lant to Title 49, Code of Federal Reg\llations, Department of Transportation, S\lbtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal- ly-assisted programs of the Department of Transportation Effectllation of Title VI of the Civil Rigtlts Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondis- crimination covenants, Lessor shall have the right to terminate the lease and to re-enter and as if said lease had never been made or iss\led. The provision shall not be effective \lntil the prOCed\lreS of Title 49, Code of Federal Reg\llations, Part 21 are followed and completed including exercise or expiration of appeal rigtlts. ARTICLE XXIV - INTERPRETATION OF LEASE Not11ing in this Lease shall be constr\led or interpreted in any manner whatsoever as limiting, relinq\lishing, or waivi.ng of any rights or ownership enj oyed by CO\lnty in the Airport proper- 25 ty, or in any manner waiving or limiting its control over the operation, maintenance, etc. t of Airport property or in derogation of sllch governmental rights as COllnty possesses, except as is specifically provided for herein. ARTICLE XXV - AS IS The Les see agrees to accept the leased property in "as is" condition and COllnty shall not be obligated to repair, maintain or renovate same. ARTICLE XXVI - MOVE LESSEE County reserves the right to move Lessee from the premises being leased under the terms of this Agreement within thirty (30) days after permanent space in a new or reconstrllcted terminal becomes available for \lSe by Lessee. ARTICLE XXVII - QUIET POSSESSION Except as specifically provided elsewhere in this Agreement, the COllnty warrants tllat Lessee shall have q\liet and peaceable possession of the premises d\lring the term of this Agreement. ARTICLE XXVIII - CIVIL ACTIONS A. GOVERNING LAW - VENUE. T1:lis lease shall be governed and constr\led in accordance with the laws of the State of Florida. The venue on any action on this lease shall be laid in Monroe County, Florida, and any action to determine the rights or obligations of the parties hereto sllall be bro\lght in the CO\lrts of the State of Florida. B. REGISTERED OFFICE/AGENT - JURISDICTION. Notwithstand- ing the provisions of ARTICLE XIX and in addition thereto, the Lessee, if a corporation, shall designate a Registered Agent and 26 Registered Office as reqllired by s. 48.091, Florida Statlltes, sllch designations to be filed with the Florida Department of State ill accordance with s. 607.034, Florida Statlltes. If the Lessee is a natural person, he/she and his/her personal represen- tatives hereby sllbmit themselves to the jlIrisdiction of the COllrts of this state for any calIse of action based in wtlole or in part on an alleged breach of this Agreement. ARTICLE XXIX - NO REPRESENTATION COllnty makes no representation, warranty, gllarantee, or averment of any' natllre whatsoever concerning the physical condi- tion of the premises, and it is agreed that COlmty will not be responsible for any loss, damage or cost which may be incurred by Lessee by reason of any Sllctl physical condition. ARTICLE XXX - RESERVATION OF USE AND INTERFERENCE It shall be a condition of this lease, that ttle Lessor reserves unto itself, its successors and assigns, for the use and benefit of the pllblic, a right of fligllt for ttle passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to callse in said airspace SllCh noise as may be inherent in the operation of aircraft, now known or hereafter llsed, for navigation of or flight in the said airspace, and for llse of said airspace for landing on, taking off from or operating on the airport. That the Lessee expressly agrees for itself, its Sllccessors and assigns, to restrict the height of strllctllres, objects of natllral growth and other obstr\lctions on the hereinafter 27 describe.d real property to s\lch a height so as to comply with Federal Aviation Reg\llations, Part 77. That the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitllte an airport hazard. ARTICLE XXXI - AUTHORIZED USES ONLY The Lessee shall not use or permit the use of the Airport for any illegal or llna\lthorized pllrpose or for any p\lrpOSe which wOllld increase the premillm rates paid by the CO\lnty on, or invalidate, any inS\lranCe policies of the COlInty or any policies of insllrance written on behalf of the Lessee llnder this Agree- men t . ARTICLE XXXII - FEDERAL SUBORDINATION This Agreement shall be sllbordinate to the provis ions of any existing or flItllre Agreement between the CO\lnty and t11e United States of America relative to the operation and maintenance of ttle Airport, the execlltion of which tias been or may be reqlIired as a condi tion precedent to the expendi tlIre of federal ftlnds for the development of the Airport. All provisions of this Agreement shall be stlbordinate to the rigtit of the United States of America to lease or otherwise aSSllme control over the Airport, or any part thereof, dtlring time of war or nation emergency for military or naval use and any provisions of this Agreement inconsistent with the provisions of StIch lease to, or asstImption of control by, the United State of America shall be stlspended. 28 ARTICLE XXXIII - RIGHTS RESERVED Rights not specifically granted the Lessee by this Agreement are reserved to the CO\lnty. ARTICLE XXXIV - RIGHTS OF COUNTY AT AIRPORT The COlInty shall have the absol\lte rigllt, witho\lt limita- tion, to repair, recans trtIct, al ter or add to any s trtIct\lreS and facilities at the Airport, or to construct new facilities at the Airport. The CO\lnty shall, in the exercise of StIch right, be free from any and all liability to the Lessee for blIsiness damages occasioned d\lring the making of s\lch repairs, alterations and additions, except those occasioned by the sole act of negligence of trle COtInty, its employees, or agents. ARTICLE XXXV - NO WAIVER There shall be no waiver of the rigllt of the COtInty to demand strict performance of any of the provisions, terms and covenants of this Agreement, nor shall there be any waiver of any breach, defatll t or nonperformance hereof by the Lessee, tInless stIch waiver is explicitly made in writing by the COlInty. Any previous waiver, or course of dealing shall not affect the right of the COtInty to demand strict performance of the provisions, terms an.d covenants of this Agreement wi th respect to any stIbse- qtIent event or OCCtIrrence of any sllbseq\lent breach, defatIlt or nonperformance by the Lessee. ARTICLE XXXVI - LEASE SUBORDINATE TO ALL COUNTY/UNITED STATES AGREEMENTS This lease and all provisions hereof are s\lbject and s\lbordinate to the terms and conditions of the instr\lments and dOC\lmel1.ts llnder which the Airport Owner acq\lired the Sllbj ect 29 property from trle 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 sllbseqtlent amendments thereto, and are stlbj ect to any ordinances, rllles or reglllations which have been, or may hereafter be adopted by the Airport Owner pertaining to the Key West International Airport. ARTICLE XXXVII - ENTIRETY OF AGREEMENT The parties hereto agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or llnderstandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, sllperceded or otherwise altered, except as may be specifically allthorized herein or by written instrllment execllted by ttle parties hereto. IN WITNESS WHEREOF, the parties hereto have callsed this Lease to be exectlted as of the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By .J/)~ c. ~~~ epllty Clerk COUNTY COMMISSIONERS COUNTY, FLORIDA By (CORPORATE SEAL) Attest: c By z/ ~". -~'; .....' h.. /';>h/~') ..~." . .:. . .-/!. .. /" /. l / / f ," j /, / /, ~ /'. (. ",1 .l'v.....~ L .r" /~, . .. '. L' ,;- ",r' By r:1.~ {Ie ad Title: 1\'e.?1(..{'t.......~/ Title: airlincape 30 1 :. . · . I . . i . . Z6'..r . . . zr ..0- - 1 r-, 1- I . LOUNGE Jr.-f'. !-C.-r ~ 11-.( , '.-1' TEMPORARY TERHINAL KEY t.[EST IlJTL AIRPORT EXHIBIT A EXHIBIT "B" ^pril 22. '4)9.1 I ~ I 'rintin~ r AIRCRAFT LIABIIJITY INSURANCE REQUIREMENTS FOR CONTRACT DETIVEEN MONROE COUNTY, I;LORIDA AND Recognizing that the Vendor is engaged in providing commercial air transportation and delivery service to 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 covered operations section of the policy must specifically state that the Vendor is engaged in business of a commercial airline. The Monroe County Board of County Commissioners must be named as Additional Insured. " The minimum limits of liability shall be $25 million per occurrence, for both types of coverages. ^dmini~rativc Jmtrudion . 1/4709.1 AIR) 43 ~ '- '- ^rnl 22. I <J9J I sa l'rin. ing r . VEIIICLE LIADII.lITY INSURANCE REQUII~EI\'IENTS FOR ., CONTRAcr IJErr\VEEN MONI{()E COUN1Y, FI.JOI{II)A AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of tile contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired .vehicles. . The minimum limits acceptable shaH 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. Admini~liYe Ir~1r\k1ion 11470? .1 VLJ 77 ^rriI12. 199.1 I ~I I'rint ing ,.... WORKERS' COMPENSATION INSURANCE I~EQUIREMIGNTS FOR " CONTRACT BETWEEN MONROE COUNTY~ FLORII)A AND In addition. the Contractor shall obtain Employers' Liabilitr 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 and the company or companies must maintain a minimum rating of A-VI. as assigned by the A.M. Best Company. , If the Contractor has been approved by the Florida's Department of Labor, as an authorized self- '- insurer. the County shall recognize and honor the Contractors 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. 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. 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 financial statements from the fund upon request from the County. '- AcJnlinistralivc J1l.\1nK.1ion 1/4709.1 we3 H3 .~ S S 0 C: I j~ TED A VT I Lt\ T I () N lJNDERWRITERS CERTIFICATE OF INSURANCE ~""RO'Jto ~~l(c,,^fI~~~(,,^~~i - ~ /"'\ ~\ ~ f,..c\G. \ ' ( ---,'\./ - ~'f I Date: August 19, 1994 This is to certify to: Monroe County Board of County Commissioners County of Monroe Key West, FL 33040 ~'fI ~ '(f.S --- W~'\]E~: that the following policies have been issued to: HYANNIS AIR SERVICE, INC. D/B/A CAPE AIR D/B/A NANTUCKET AIRLINES BARNSTABLE MUNICIPAL AIRPORT HYANNIS, MA 02601 Policy No. 65SP 5526 of One Or More Member Companies Of Associated Aviation Underwriters Policy Period: from SEP'fEMBER 13, 1993 to SEPTEMBER 13, 1994 AIRCRAFT LIABILITY Covera~es Limits of Liability SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE $25,000,000. Each Occurrence AIRCRAFf COVERED: Cessna 402C, N183PB and Cessna 402C, N2748Y AIRPORT LIABILITY Covera2es Include: Limits of Liability Comprehensive General Liability - Including Premises- Operations, Contractual, Products-Completed Operations $25,000,000. Each Occurrence and in the aggregate as respects Products-Completed Operations It is agreed that solely with respect to liability ar,ising out of the Named Insured's operations at Key West International Airport. the County of Monroe is included as an additional insured. t, i.~i ;-, L: '5>-3/~7 ~ (J /c:::.... This Certificate does not amend, extend or otherwise alter the terms and conditions of the policies referred to herein. Associated Aviation Underwriters has made provision for prompt notice to you in the event of cancellation of the above described policies, but except as otherwise stated in this cel1iticate, Associated Aviation Underwriters a~sulnes no legal responsibility for any fail ure to do so. By: Cc' ~ . " .. t' · Aer( A V ***. This is to certify " that the following r: ~ POLICIES AIRCRAFT LIABILIT1: Policy Period: fr0: Coverages Single Limit Bodily Property Damage Incl'~:;t: Aircraft Make & Mode;A' 1980 Cessna 402C 1980 Cessna 402C AIRPORT LIABILITY Policy Period: from Coverages Premises LiabilJ" Single Limit Bodily 1 Property Damage *Limit of Liability 8PJ::' Operations. Add! tional Insured: C<,u --------------------- .', llsurance, Inc. INSURANCE APPROVED BY RISK MANAGEMENT BY. ~1t0. /) ('- DATE 'J' co f d ~ WArvrR: MIA L YES t':J~TE OF INSURANCE **** Jnty of Monroe West, Florida 33040 nave been issued to: annis Air Service t:i./ a Cape Air rnstable Municipal Airport a:nnis, MA 02601 "I icy Number 65SP-5526 of One or More ~1~:~m.ber Companies of Associated Aviation ::Jrljerwri ters /93 to 9/13/94 Limits of Liability f",rld r:l;,.ssenqers *$25,000,000 ea. occurrence Received Risk Mgmt. & Loss Control DATE ?-02?-F-3' INITIAL ~ t),L- FAA Reaistration t N83PB N2748Y tfumber 65SP-5526 of One or More Member nies of Associated Aviation Underwriters 1.:3,/93 to 9/13/94 Limits of Liability i!! J1,d *$25,000,000 ea. occurrence only with respect to Florida j'~)f .Monr~e, Key West, Florida .-------------------------------------- This Certificate does amend, extend or otherwise alter the' terms and conditions 'o't~ ,J'le )policies referred to herein. ~.,-".!~! ----------------~r-- - "".i" 1,1 .+"''''.'...----------------------------------- If Date: 9. 13 .Cf3 Nashua Municipal Airport, 99 Pine Hill Road 'I ''hi 'Iual" :MH 03063 (603) 883-0033 1-800-356-7075 FAX (603) 883.1299 ,\ pril 22. 1 9 ') .~ I st PrilltiJl~~ MONROE COUNTY, FLORIDA Request For Waiver of Insurance Rcquircnlcnts ?-/d1-~~ ~ It is requested that the insurance requirernents, as specified in the County's Schedule of Insurance Requirenlcnts. bc ,vaivcd or lllodified on the follo\ving contract. Contractor: Hy~nnis Air Servi~e d/h/~ ~~pe Air Contract for: Airline Agreement Key West International Airport l\dclress of Contractor: Barnstable Municipal Airport Hyannis, MA 02601 Phone: Scope of Work: Commercial Airline Request Waiver of Vehicle Liability Insurance Reason for \Vaivcr: No vehciles utilized at this location Signature of Contractor: ( . j" ~ I ' 'f--". \_C\. ~ / / ,/"", -::',~ ....:-. .""',c' '\.~ Approved ,7' Not Approved L./'" ~\ ( . ') l' ? .. Risk rvranagcIllcnt ! .~ ~/- ','f, \i/> I; } j Date ('olInty Adlninistrator appeal: Approved: Not Approved: I) ate: I30ard of ('olInty ('onlIllissioners appe()l: Approved: Not Approvcd: Mceting Date: \V AIVER PIIOUUCEA Aero Insurance, Inc. TUIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Nashua Municipal Airport, 99 Pine Hill Rd NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, Nashua, NH 03063 EXTEND OR ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW COMPANIES AFFORDING COVERAGE COMPANY A LETTER COMPANY B LETTER COMPANY C L ETT E R COMPANY D LETTER COMPANY E 'x LETTER IA .-t--:- YES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTAND!NG 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 BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COllE SUB-CODE Liberty Mutual Insurance Co. Hyannis Air Service, Inc. d/b/a Cape Air Barnstable Municipal Airport Hyannis, MA 02601 ~ INSURED CO Tn lYPE OF INSURANCE POLICY NUMBEA POLICY EFFECTIVE POLICY EXPIRATlO DATE (MM/DDfYY DATE (MM/DDfYY ALL LIMITS IN TUOUSANOS GENEIlAlllABllITY COMMERCIAL GENERAL L1ABILlT CLAIMS MAoDoCCUR. OWNER'S & CONTRACTOR'S PROT GENERALAGGAEGATE $ PROOUCTS- COMP/OPS AGGR $ PERSONAL & ADVERTISING INJURY $ EACH OCCURRENCE $ FIR E DAMAGE (Anyone fire) $ MEDICAL EXPENSE (Anyone person $ EXCESS LIABILITY COMBINED SING L E $ LIMIT BODll Y INJURY $ (Per person) BODIL Y INJURY $ (Per ace) PROPERTY DAMAGE $ AUTOMOUllE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY 12/13/94 AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND wCl-351-270253-013 12/13/93 $ $ $ (EACH ACCIDENT) (DISEASE-POLICY LIMIT) (DISEASE-EACH EMPLOYEE 0111. IlE SCIIIP nON OF 1tfR'pt)It~ rrS/VEIIICLES/RESTRlCTlONS/SPECIAlITEMS Coun ty of Monroe Risk Management !~!~I SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 5100 College Road i~j~i~~~ Key West, n 33040 li!!II! AlJHlOmZEDREPn~~HunVE ItJstJRIJET 25..5 .(3/88rC.......BEC:~'::"..mi.:mm:.'%::':i:::i::,:i:.:::::'\':'!.:}:"i:~0i18m~:~jH~i00~':":!:~:!""i)'U .. '. r..INSURNET,.'NC:'.','086 · . .