02/22/1995 Lease00
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LEASE AGREEMENT
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o HISt&jg is made and entered into on the � day of k �.t , 1995, by and
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0tweAnhe MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"Lessor," and J. ROBERT DEAN, hereinafter referred to as "Lessee," whose address is 14 W. Cypress
Terrace, Key West, Florida.
IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the
parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at
the Key West International Airport, Key West, Monroe County, Florida, measuring 30 feet in width and 40
feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof.
2. TERM. The above -described premises are leased to the Lessee for a term of five (5)
years from the date hereof, with the option of three (3) additional five-year extensions.
3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of
Ninety-five and 00/100 Dollars ($95.00) per month, or One Thousand One Hundred Forty and 00/100
Dollars ($1,140.00) per year, plus sales tax, for the use of said premises during the term of this lease,
said rent to be payable in advance on the first day of each month or the first day of each year,
respectively, during said term. The rental charge for the five (5) years may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and
Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year. Rental charge for any five-year
extension shall be determined pursuant to Exhibit B FAA Required Lease Clause No. 1, paragraph 2. If
Lessee places a new hangar or any other new improvements on the leased land, those improvements,
become the property of the Lessor at the end of the lease. If improvements are not new when placed on
the premises, the age of the improvements shall be established and when that used hangar or other
reaches 20 years of age, both the hangar or other improvement and the underlying land shall be
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reappraised. Ten percent (10%) of "fair market value" of the premises with improvements becomes the
base rent for the remainder of the lease and option periods.
4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the
Lessee as follows:
A. The Lessee shall erect an aircraft hangar on the leased premises within one (1) year of
the beginning date of this lease.
B. The Lessee shall have the right to occupy the aircraft hangar located on the leased
premises.
C. The Lessee shall have reasonable ingress, egress and access privileges to the leased
premises.
D. No commercial activity shall be performed on the premises.
E. Maintenance of improvements are the responsibility of Lessee.
F. The Lessee, on keeping the covenants and agreements by him herein contained, shall
have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or
by any person or persons claiming by, through or under it.
5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this lease.
B. That no construction mortgage or lien of any nature will be placed upon the hangar
located on the leased premises.
C. That the said hangar shall be used only for the purpose of housing airplanes and
providing for the care, repair and maintenance of such privately owned aircraft.
D. To pay all utilities, including gas, electricity, water and garbage disposal charges, if any,
as well as all installation charges that may be required for any such utilities.
E. To make no improper or unlawful or offensive use of said premises, and to permit the
Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the
condition thereof.
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F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims
for bodily injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out
of, in connection with, or by reason of services provided by the Lessee or any of its Contractors,
occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s),
their employees, or agents.
The extent of liability is in no limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to commencement of work/occupancy governed by this agreement, the Lessee shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of this agreement and
included, 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:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 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 agreement. 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.
6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between
the Lessor and the Lessee as follows:
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A. That at the expiration of the term of this lease, the Lessee will quietly and peaceably
deliver up possession of the leased premises, including the aircraft hangar located thereon.
B. This lease shall be binding upon the parties hereto, their successors, executors,
administrators and assigns. Any assignment of this lease shall not become effective until approved in
writing by Lessor. Any assignment shall extend no longer than the term remaining under this Agreement.
The premises shall not be sub -let.
C. This lease shall be automatically canceled, and the title to the improvements on the
leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or there is
evidence that the premises are abandoned for a continuous period of any six (6) months during the term
of this lease, notwithstanding anything contained in paragraph 1 herein.
D. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to
terminate this lease.
7. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon thirty (30) days written notice
from Lessor, abandon said leased premises if the land is required to accommodate future airport
development or for any other reason as determined by the FAA and Lessor.
8. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state
and local laws governing the activities under this lease. Lessee covenants that he shall maintain and
operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, as said Regulations may be amended. More
particularly, Lessee covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of
the premises; and
b) in the construction of any improvements on the premises and the furnishing of services thereon,
no person on the grounds of race, color, national origin, or sex shall be excluded from
participation in, denied the benefits of, or otherwise be subjected to discrimination.
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9. FAA REQUIREMENTS. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit "B," attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By C • P4�a4�
Deputy Clerk
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Witriess
Witness
WAIR/dean.doc
BOARD OF COUNTY COMMISSIONERS
OF MON E COUNTY, FLORIDA
B
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M or/Chairman
J. ROBERT DEAN
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EXHIBIT "A"
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EXHIBIT "B"
FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and re-evaluation
at the end of each 1 year period, by the airport
owner and the rent may be.adjusted according to their
action, not to exceed the Consumer Price Index rate
during the last /';- month period, or;
Land less improvements will be appraised every 5 years
and the adjusted rental will be based -on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at his expense and lessor/lessee
equally share expense for review appraisal that
establishes fair market value.
2. The tenant for himself, his personal representatives,
successors 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 the benefits of, or be otherwise subjected
to discrimination in the use of said facilities, (2)
that in the construction of any improvements on, over
or under such land and the furnishing of services
thereon, no person on the grounds of race, color,.or
national origin shall be excluded from participation
in, denied the benefits of, or be otherwise subjected
to discrimination, (3) that the tenant shall use the
premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of.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 may be
amended.
That in the event of breach of any of the above
nondiscrimination covenants, Airport Owner shall have
the 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 3
of Title 49, Code of Federal Regulations, Part 21 are*:._
followed and completed including exercise or expiration -
of appeal rights.
3. It shall be a condition of this lease, that the lessor
reserves unto itself, its successors and assigns, for
the use and benefit of the public, a right of flight
for the passage of aircraft in the airspace above the
surface of the real property hereinafter described,
together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft,
now known or hereafter. used, for navigation of or
flight in the said airspace, and for use of said
airspace for landinq�on, taking off from or operating
on the airport.
That the Tenant expressly agrees for itself, its
successors and assigns, to restrict the height of
structures, objects of natural growth and other
obstructions on the hereinafter described real property
to such a height so as to comply with Federal Aviation
Regulations, Part 77.
That the Lessee 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 constitute an
airport hazard.
4. This lease and all provisions hereof are subject and
subordinate to the terms and conditions of the
instruments and documents under which the Airport owner
acquired the subject property from the United States of
America and shall be given only such effect as will not
conflict or -be inconsistent with the terms and
conditions contained in the lease of said lands from
_ the Airport owner, and any existing or subsequent
amendments thereto, and are subject to any ordinances,
rules or regulations which have been, or may hereafter
be adopted by the Airport owner pertaining to the
Airport.
S. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly
understood and agreed that the rights granted under
this agreement are nonexclusive and the Lassor herein
reserves the right to grant similar privileges to
another Lessee or other Lessees on other parts of the
airport.
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THIS IS TO CERTIFY that the Insured set forth below is at this date insured with the Company(ies) as indicated under
Policy(ies) described in the following schedule.
Named Insured
ROBERT DEAN
Address of Insured 14 west CypttPJSd TeAAace, Key West, FL 33040
Company SIGNAL AVIATION y,
Policy Number TBA
Effective Date FebtcuaAy 22, 1995
Expiration Date Feb&uany 22, 1996 V&+
Aircraft Covered — — — — — — — — —
COVERAGES
LIMITS OF LIABILITY
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A — Bodily Injury Liability
$ each person
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0-0
Excluding Passengers
$ each occurrence
B —Passenger Bodily Injury Liability
$ each person
$ each occurrence
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— Property Damage Liability
$ each occurrence
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D — Single Limit Bodily Injury and
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Property Damage Liability
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cluding Passengers
$ each occurrence
.4 , less $ deductible
jF — All Risks BY Not In Motion
x less $ deductible
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Bodily Injury Liability MIA
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each person
$ each occurrence
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aProperty
Damage Liability
$ each occurrence
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Single Limit Bodily Injury and Property
$
Damage Liability
300 000. each occurrence
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This certificate is issued at the request of Mon toe County - Key We,6t I nteh.nat i onae A,iApo)tt
whose address is Key .Wat, FL 33040
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ADDITIONAL AGREEMENTS1
Mo nu e County is added a s an addit i.o naE inns utced $ on t i.abit ty with ne6 peat to
negt gent opeAatiows of the named in.6uned. ,
cc: SIGNAL
I n6 uned
Fite
Date Feb&ua&y 28, 19 95
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PARRISH-O'NEILL & ASSOCIATES
By
ZED REPRESENTATIVE
MWw K. Ckman
PARRISH-O'NEILL & ASSOCIATES, MOUNT VERNON, OHIO 43050
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