10/29/1971 Agreement0
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LEASE AGREEMENT
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THIS LEASE AGREEMENT, made and entered into as of the �9th day
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of October A. D. 197 1 by and between MONROE COUNTY, FLORIDA,
• a political subdivision of the State of Florida, as Lessor, sometimes herinafter
referred to as the "County", and LLoyd Damsey
herinafter referred to as the "Lessee",
WITNESSETH:
WHEREAS, the said. I -Loyd Damsey has requested
Monroe County, Florida to furnish certain land at the Marathon Airport,
Marathon, Monroe County, Florida, for the purpose of erecting a private hangar
or hangars, now, therefore, the County by these presents does hereby lease and
grant unto the Lessee the following described property, to -wit:
A tract of land on the "MARATHON AIRSTRIP" and being in a part
of Section 6, T66S. , R. 33E. , on Key Vaca, Monroe. County, Florida
and being more .particularly described by metes and bounds as follows:
.Commencing at the intersection of the West Line of Section 6 and
the centerline of Aviation Boulevard, bear North 67 degrees and 51
minutes East, along the centerline of Aviation Boulevard, 404. 86
feet thence bear South 22 degrees and 09 minutes East, 127.42 feet
to the "POINT OF BEGINNING of the tract of land hereinafter des-
cribed; from said POINT OF BEGINNING, continue bearing South
22 degrees and 09 minutes East, 147. 58 feet; thence bear South 67
degrees and 51 minutes West, 147. 58 feet; thence bear North 22 de-
grees and 09 minutes West, 147. 58 feet; thence bear North 67 de-
grees and 51 minutes East, 147. 58 feet, back to the POINT OF BE-
GINNING, containing one half acre.
ARTICLE I. This Agreement shall be for a term of 3 years, and
shall become effective on the 1st day of November 1971 and shall
terminate on the 31st day of October A.D.. 197 4 , unless sooner ter-
minated in accordance with covenants contained herein.
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ARTICLE II. The Lessee shall pay to the County as annual rental the sum
Of $ 2?4, 00, which said sum shall be payable annually, in advance. In addition to
said rental, Lessee covenants and agrees with the County to pay State Rental Tax.
ARTICLE III. The Lessee hereby agrees to use said leased premises only
for the erection of a private hangar or hangars, and shall have the right
to erect, at his own expense, one or more hangars upon said premises, 1
with the privilege of removing same from the leased premises at the ter- +' .
m nation of this lease, or any,renewal thereof. However, prior to the erec-
tion of any hangar or hangars upon said leased premises,'. the. Lessee shall
submit to the County the plans for the type of hangar intended to be erected,
and the design of said hangar must be approved by the 'County prior to the i
erection thereof. ,
ARTICLE IV. The Lessee agrees not to conduct, nor allow to be
conducted on the leased premises, any business ventures, enterprises or
' activities, including, but not limited to, the sale of gasoline, oil, airplane .
:r parts, or any other goods and/or services, and: covenants that he will not
conduct any repair services, except that he shall have the right•to repair
his own private planes, and further, shall not engage n any businesses or
activities authorized under any leases made by Monroe County to fixed base
operators at said Airport, nor shall he engage in any automobile rental
I services .of any nature whatsoever.
ARTICLE V. Lessee agrees to take out the necessary public liability
insurance to hold the County harmless from any liability as a result of any
r acts of_ omission or commission of the Lessee, or .agents, servants, em-
ployees or independent contractors of the Lessee, or for any condition re-
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sulting from the operations or activities of the Lessee, his agents, servants,
'.employees or independent contractors, or any other Lessee or person, their
agents, servants, employees.or independent contractors, anything in this
Lease to the contrary notwithstanding.
The County shall not be responsible for the loss or. destruction of
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personal property or personal effects of persons or companies., or for loss,.:
destruction or injury to equipment or other property of any nature or type '
whatsoever, unless same is caused by the sole negligence or wilful act of
the County, its.,agents, servants or employees.
- ARTICLE VI. The Lessee shall not assign this Lease, either as an!
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absol4e°transfer of his title or interest therein or thereto, or as security
for a loan, or sublet the• premises, ' or any part thereof, nor use the same
of -any part thereof, nor permit the same or anypart thereof to be used for
any other Vurpose than' as set forth herein, without prior approval by the `
Lessor.
ARTICLE VU. ' The County, by and through its duly authorized re- ,
presentatives, shall at all reasonable times have free access fo the pre-
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mises and. the buildings situated thereon for the • g , .purpose of examining or
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inspecting the same, and -for all other' lawful and reasonable purposes.
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ARTICLE VM. Lessee agrees, promptly upon the termination of
this Lease by lapse of time or otherwise, that he will at once peacefully
surrender and deliver possession to the County of all the lands hereby
..• leased, in as good a condition as they were when leased to him.
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ARTICLE IX. The Lessee further agrees that all areas of the leased
1 premises -not paved shall be maintained by him in a neat condition, and that
grassed areas shall be mowed regularly and shrubs will be trimmed so as
to maintain the premises in a clean and attractive condition. Any areas
not grassed or paved shall be stabilized by the Lessee, and the leased pre-'
miser shall be so utilized that use of the premises will not cause dust, de-
- bris or waste to be blown about or raised so as to interfere with or disturb
'_the. use or enjoyment of any adjacent or adjoining premises. Further, that
the Lessee shall keep and maintain the leased premises and.any buildings
- -thatmay be erected thereon in a neat and clean condition.
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ARTICLE X. The Lessee agrees that without prior written permis-
sion of the County, no excavation of any of the leased lands shall be: made,
•'and that no soil or earth shall be removed from said premises.
ARTICLE XI. . Lessee agrees that he will keep the leased premises' .•
and any buildings that may be' erected thereon at all times free and clear
of any and all liens in anywise arising out of the activities or use thereof
by Lessee, provided however; the'I:essee may in good faith contest the
• validity of any lien. ..
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` ARTICLE XII. The Lessee acknowledges and agrees that he has ex-
iamined the premises, and is fully advised of the condition and location ,
thereof, and the limitations and restrictions placed on any building, etruc-
tune or other object as to height, due to the proximity of the landing and
takeoff areas of the Airport. Less'ee further agrees to abide by and observe
"all such restrictions and limitations, and agrees that the observance of
such limitations and restrictions, whither by municipal, county, state or �
federal governmental authority, shall not in anywise affect the Lessee's .., '
obligations under this Lease.
ARTICLE XIII. In addition to the acts of default elsewhere defined,.'
the commission of any of the following acts by the Lessee shall constitute
*< a default, and this Lease may be terminated by the County immediately -
upon notice in writing to the Lessee: Abandon, desert, vacate -or discon-
tinue operations on the premises or petition for any bankruptcy or insolven-
cy, or be adjudicated bankrupt, or make a general, assignment for the bene=
fit of creditors, 'or suffer a lien to be filed against the premises, or per-
mit a receiver or trustee to come into possession' without removing them.
within a reasonable time.
ARTICLE XIV. This Lease is made on the condition that the Lessee
shall perform all the covenants and agreements herein set 'forth to be per-
formed by him. If at any time there be default on the part of the Lessee in
the payment of rent, assessments or other charges and payments by him to
be made, and if such default shall continue for a period of 5 days after no-
tice by the County, or if there shall be default on the part of the Lessee in
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the -performance or observance of any of the covenants or agreements here-
: of by him to be observed or performed, and such default shall continue for
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a period of 15 days after written notice of such default being given by the :I
County to the Lessee, then this Lease shall be terminated, and the. County,
shall at any time thereafter, without demand or notice (which is hereby
waived by the Lessee) have full right at its election to enter upon the de-
mised premises and take immediate possession thereof, and all improve-
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ments made on said premises shall be forfeited to the County without com-
pensation therefor to the Lessee. In addition, in the case of a breach by
Lessee of any of the covenants or agreements herein contained for any reasons
whatsoever, including, but not limited to, the discontinuation of business on
the premises, bankruptcy, insolvency or assignment for the benefit of creditors,
the balance of the rental moneys for the entire term of this Lease shall be con-
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siOered at once due and payable, without notice of demand on the part of the
County.
ARTICLE XV. The'Lessee shall have the option to renew this Lease for
an additonal period of 3 years, upon the termination hereof, on terms and
conditions to be mutually agreed upon at the time of renewal, provided the
Lessee gives at least 90 days notice in writing to the County of his intention to
exercise said option, prior to the time of expiration of this Lease.
IN WITNESS WHEREOF, the parties hereto have caused these presents to
be executed, all 'as of the day and year first above written.
Signed, Sealed and Delivered
in Our Presence:
As to the C o
iMONROE COUNTY, -FLORIDA
By •
load
Mayor and C irman of the Moard of
County. Commissioners
(SEAL)
Attest:
Clerk o the Circuit Couxt of Monroe
County, Florida and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida
SEAL)
LLoyd .ISamsey
As to the Lessee