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03. 10/01/1991 to 09/30/1992 10/09/1991I 30annp 1. Rotbage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 743-9036 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 M E M O R A N D U M To: Peter Horton, Division Director/Community Services From: Rosalie L. Connolly, Deputy Clerk Date: February 6, 1992 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 On October 9, 1991, the Board of County Commissioners approved and authorized execution of a Lease with Federal Express Corporation for space at the Key west International Airport, WHICH LEASE WAS JUST RECEIVED BY THIS OFFICE FOR FINAL PROCESSING AND TRANSMITTAL. Attached is one duplicate original and one copy of the Lease, now executed and sealed by all parties. The dupli- cate original (raised seal) should be returned to your lessee and the copy kept in your proper departmental files. Rosalie L. C, nolly Deputy Clerk Attachments cc: County Attorney County Administrator w/o document Finance Director File #������ r -�.0pn LEASE /_ �5 l `92 FEB -b A 8 :14 THIS LEASE is made and entered into on the ..itll... day= of e.: rer- , A:D. 1991, by and between MONROE,.COUNTY, a political subdivision of the State of Florida, Lessor, herein- after referred to as "COUNTY" and FEDERAL EXPRESS CORPORATION, Lessee, hereinafter referred to as "FEDEX." WHEREAS, COUNTY owns an airport known as Key West Interna- tional Airport, located in Key West, Monroe County, Florida, hereinafter referred to as the "AIRPORT", and WHEREAS, FEDEX is engaged in the business of air transporta- tion of cargo, mail and other property, and WHEREAS, FEDEX desires to obtain certain rights and privi- leges in connection with the use of the airport facilities, and the COUNTY is willing to grant and lease the same to FEDEX on a non-exclusive basis, upon the terms and conditions hereinafter stated. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby lease unto FEDEX, and FEDEX does hereby lease from COUNTY certain premises and facilities, rights and privileges, as follows: 1. Premises County does hereby lease to FEDEX, and FEDEX leases from COUNTY, the Air Cargo building presently located at the AIRPORT, measuring one hundred feet by thirty feet (100' x 30'), and nine thousand five hundred thirty-five (9,535) square feet of open land adjacent to the building, as indicated on the drawing labelled as Exhibit "A" and attached to, and made a part of, this Agreement. 2. Useofthe Airyort FEDEX 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. 3. Term The term of this Lease shall be twelve (12) months, commencing October 1, 1991, and ending on September 30, 1992. 4. Rent During the term of this Lease, FEDEX shall pay to the COUNTY, rent as follows: (1) the amount of nine dollars and thirty-one cents ($9.31) per square foot, for the area of three thousand (3,000) square feet, in the Air Cargo building, for a total of twenty seven thousand nine hundred thirty dollars ($27,930) per annum, plus applicable sales tax, and (2) the amount of forty cents ($0.40) per square foot for an area of nine thousand five hundred thirty-five (9535) square feet of open land adjacent to the Air Cargo building, for use for loading, unloading, and parking of automotive vehicles, for a total of three thousand eight hundred fourteen dollars ($3,814) per annum, plus applicable sales tax. PA Such rent shall be paid in equal installments, each of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of FEDEX to pay any such installment when due, the COUNTY will be entitled to charge and collect, and FEDEX will be ob- ligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by FEDEX under the terms of this lease. The COUNTY at its option, however, may refuse a proffered over due rental installment and late fees, declare a default, and proceed according to paragraph 15 of this lease. In the event that any check, draft, or negotiable instrument by which FEDEX has tendered any rent payment is returned to the COUNTY, and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of twenty-five dollars ($25.00) for such dishonored instru- ment. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fees and penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The COUNTY at its option, however, may refuse any proffered rental install- 3 ment and applicable late fees and penalties, declare a default, and proceed according to paragraph 14 of this lease. 5. Security Deposit In addition to the rent payments as provided above, FEDEX shall maintain with the COUNTY, the sum deposited in connection with the predecessor lease, to -wit: an amount of twenty-five hundred dollars ($2500.00), which the COUNTY will hold as a security deposit. In the event of any breach by FEDEX of any of the terms of this Agreement, including any failure to timely pay any rent due, the COUNTY may draw upon the monies held by the COUNTY as security, to pay and cover any amounts due and owing from FEDEX. 6. Landing Fees Landing fees shall be computed as follows: $.60 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of $7.50 will be charged for all aircraft weighing less than 12,500 lbs. gross landing weight. FEDEX shall report to the COUNTY, not later than the loth day of each month, FEDEX's Actual Revenue Trip Arrivals at the Airport during the preceding calendar month, which shall include the number and type of such arrivals. The number of arrivals so operated, multiplied by the applicable approved maximum gross landing weights for each type of aircraft, shall determine the weight for which the monthly payment shall be made. The term "approved maximum gross landing weight" for any aircraft as used herein, shall be the maximum gross landing weight approved by the Federal Aviation Administration for 0 landing such aircraft at the AIRPORT herein. FEDEX provides service to Key West, Florida utilizing a Cessna 208 Caravan. While this aircraft is owned by FEDEX, it is leased to and operated by Mountain Air Cargo based in Denver, North Carolina. As such, Mountain Air Cargo is responsible for all the operating expenses realted to aircraft, including landing fees. In the event Mountain Air Cargo is unable to satisfy its obligations, FEDEX will assume the responsibility for ensuring all payments and contractual agreements are maintained. 7. Lease Hold Improvements and Use FEDEX shall have the right to occupy the Air Cargo building, measuring one hundred feet by thirty feet (100' x 30') , and an area of nine thousand five hundred thirty-five (9,535) square feet of open land adjacent to the Air Cargo building all as shown on Exhibit "A". FEDEX may only utilize the leased building to provide counter space for members of the public desirous of using FEDEX's mail, cargo and package services and for the operation of a business engaged in the transportation of cargo, mail and other property by air. While premises are leased to FEDEX for parking, FEDEX shall not park or place automotive vehicles in any space on the premises unless it has been designated by the COUNTY for parking. The COUNTY shall cooperate with FEDEX in designating a reasonable number of parking spaces to accommodate FEDEX's business traffic. 8. Common Areas FEDEX shall have the right to use, in common with others, the AIRPORT space and facilities to permit landing, taking off, taxiing, loading, unloading and servicing of 5 FEDEX aircraft, subject to reasonable rules and regulations of COUNTY as to the use of such common spaces and facilities. 9. Right of In�rers,s and Egress FEDEX, its agents, employ- ees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by COUNTY. 10. Utilities FEDEX shall be responsible for the payment for electrical service, water service, and similar utility services as needed. In addition to rent and other charges, FEDEX shall pay a trash collection fee of $1,800 per annum. 11. Assignment The premises leased hereunder may not be sublet and this Lease may not be assigned without the written consent of the COUNTY. 12. Maintenance of Premises FEDEX shall be responsible for and shall properly maintain the leased premises, and upon the termination of this Lease, shall leave the premises in, at least, as good condition as at the time of the commencement of this Lease, normal use and occupancy excepted. 13. Insurance FEDEX agrees to indemnify and save COUNTY 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 FEDEX, its agents, or employees in the use or occupancy of the leased premises and the common areas of the AIRPORT facilities by FEDEX. FEDEX shall carry and keep in force Comprehensive General Liability Insurance coverage with combined single limits for bodily injury and property damage in the amount of One Million Dollars ($1,000,000.00); name the COUNTY as an additional co-insured, and furnish COUNTY with proper certificates certifying that such insurance is in force. FEDEX shall carry its insurance coverages with insurance com- panies authorized to do business in the State of Florida. 14. Default,� Unless the COUNTY has accepted a rental installment after it has become due together with any applicable late payments and penalties, the failure to pay rental install- ments when due shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when due under this lease shall constitute a default. Further, the failure of FEDEX 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 FEDEX in writing by the COUNTY shall also constitute a default under the terms of this Lease. In the event of a default, COUNTY may, at its option, declare the Lease forfeited and may immediately re-enter and take possession of the leased premises and this Lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of its rentals, fees, or charges due, COUNTY shall be enti- tled to reasonable attorney's fees. 15. Cancellation of Lease COUNTY may cancel this Lease agreement by giving FEDEX sixty (60) days advanced written notice upon the happening of any one of the following events: the appointment of a receiver of FEDEX assets; the divesting of FEDEX lease hold estate by other operation of law; the abandonment by FEDEX of air cargo transportation business at the AIRPORT for a F period of sixty (60) days. By the end of the sixty (60) day notice period FEDEX shall have vacated the premises and the COUNTY may immediately re-enter and take possession of the same. If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed as of the day and year first above written. (SEAL) Attest: DANNY L. KOLHAGE, CLERK By eputy er (CORPORATE SEAL) Attest: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA • A By..°""�yor FEDERAL EXPRESS CORPORATION A vice -President 0 At"'-- --."-D AS2M v V LEDAL DEPT. APPROVED AS TO FOAM LEGAL SUFF1C/ Y By r ,e_� ttomeys Owe Date ���z LV Aic r_ARr,,n p'n "m . 4633 ,av QX Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies listed below. This certificate replaces any other previously issued by this company for this insured. Cancellation: Should any of the described policies be cancelled, the issuing company will endeavor to mail 30 days written notice to the below named certificate holder. NAME AND ADDRESS OF CERTIFICATE HOLDER NAME AND ADDRESS OF INSURED County ATTN: ATTN: Art Skelly, Airport Manager FEDERAL EXPRESS CORPORATION Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 P.O Box 727-2132 Memphis, Tennessee 39132 This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Policy Insurance Company and Type of Coverage Liability Period Policy Number AIRCRAFT UMILV1'yINSURANCE inrespect of all aircraft owned, leased, or operated by the Bodily Injury& Property Damage 08/01/91 Underwriters at Lloyd's Named Insured, worldwide Combined to 05/01/92 and British Companies AK9100831 08/01/91 LaConcorde Group (through LaReunion Aerienne) 91/10435 AIRCRAFT NULL INSURANCE in respect of any As Set Forth sircrat owned or operated by the Named Insured, In The Policy to Skandia International FM9INCOA1 •'orldwide. 08/01/92 Insurance Co. 1NA ATA011118 COMPREHENSIVE GENERAL LABI in $5,000,000 expect of all Ground Operations of the Named Bodily Injury & 08/01/91 Compsgnfe d'Assurenees Insured, including Premises -Operations, Property Damage to Maritimes Aeriennes g Contractual, Products and Completed Operations. Combined 08/01/92 Terrestre 91.0792 Arkwright-Boston Manufacturers Mutual Ins. Co. MMO-00814AV591 COMPREHENSIVE AUTOMOBILE ILI Y in respect of all Owned, Hired and Non -Owned Automobiles. $ Million xs of Aviators International A0017/01/91 $ Million CSL 08/01/91 to Sumitomo Marine g Fire AFFO06A44 08/01/92 United States Fire Insurance Co. AC21AI932-02 WORKERS COMPENSATION AND EMPLOYER'S L)ABILTIY Bodily Injury by Accident $1,000,000 Each Accident O1/15/91 National Union Fire Ina. Co. of to Pittsburgh, PA RNWC-1730742 Bodily Injury by Disease 01/15/92 (Self -Insured States) AL, AK, AZ, All, CA, CO, CT, DE, DC, $1,000,000 Policy Limit FL, GA, NI, IN, IA, KS, KY, LA, NO, Bodily Injury by Disease MA, MI, MN, MS, NO, NV, NN, NJ, NM, NY, NC, ON, OK, OR, pA, RI, SC, SD, $1,000,000 Each Employee TN, UT, VT, VA, WA, W, WI Birmingham Fire Ins. Co. (Idaho) RMVC-1730746 National Union Fire Ins. Co. (Illinois) RNWC-1730745 National union Fire Ins. Co. (Nebraska) RNWC-1730744 National Union Fire Ins. Cp. (Texas) RMWC-1730743 Each of the above Insurers, Individually, has authorized Alexander & Alexander of Texas, Inc. to issue this certificate on its behalf. Alexander & Alexander of Texas, Inc. is not an insurer and has no liability of any sort under the above policies, nor as a result of the issuance of this Certificate. RE:' 3553 S. Roosevelt Blvd. Key West, FL Nonr'os Canty Is Included as an Additional Insured as its respective interest my appear. Aksaa/er & Mesaatler of Tans, law Max" Energy Tower Date Issued: — mini/at 19th Floor - Lock Box #8 Dallas, Texas 75201 Telephone 88"321 (214) By.