04. 04/01/1993 to 09/30/1994 11/10/1993BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
�`rpuNrr�
5 M
u.
i 4r
t f
COUIf W'
;Dannp 1. Rotbagc
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
MEMQRAlNDUM
TO: Peter Horton, Director
Division of Community Services
9^ .
FROM: Isabel C. DeSantis, Deputy Clerk •C'' �
DATE: January 4, 1994
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
As you know, on November 10, 1993, the Board authorized execution of a Lease
Agreement between Monroe County and Federal Express Corporation, for space at the
Key West International Airport.
Attached hereto is a duplicate original of the subject Lease, which should be forwarded
to Federal Express.
Should you have any questions concerning the above, please do not hesitate to contact
me.
cc: County Attorney
County Administrator, w/o document
Finance
V14le
R
FILED FOP RECORD
•Cry JAN —q a 1. :-07 LEASE
THIS LEASE is made and entered into on the /0 th day of
/lloven be,t A.D. 1993, 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. Use of the Airport 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 eighteen (18)
months, commencing April 1, 1993, and ending on September 30,
1994.
4. Rent During the term of this Lease, FEDEX shall pay to
the COUNTY, rent as follows:
(1) the amount of ten dollars and twenty-four cents
($10.24) per square foot, for the area of three thousand
(3,000) square feet, in the Air Cargo building, for a total
of thirty thousand seven hundred twenty dollars
($30,720) 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.
2
. . 1
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 overdue 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
went 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:
$.62 per 1,000 pounds of approved maximum gross landing
weight. A minimum landing fee of $7.75 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
4
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 related 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 Ingress 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.(a) Indemnification/Hold Harmless 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.
C:
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within
this agreement.
13.(b) General Insurance Requirements: Prior to FEDEX
taking possession of the property owned by the COUNTY, FEDEX
shall obtain, at their own expense, insurance as specified in the
attached schedules, which are made part of this lease agreement.
FEDEX will not be permitted to occupy or use the leased
property until satisfactory evidence of the required insurance
has been furnished to the COUNTY as specified below.
FEDEX 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 termination of the lease
agreement and the return of all property owned by the COUNTY.
FEDEX shall provide, to the COUNTY, as satisfactory evidence
of the required insurance, either:
* Certificate of Insurance
or
* A Certified copy of the actual insurance policy
The COUNTY, 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 COUNTY by the insurer.
7
The acceptance and/or approval of FEDEX's insurance shall
not be construed as relieving FEDEX from any liability or obliga-
tion 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. FEDEX shall carry its insurance with insurance
companies authorized to do business in the State of Florida.
Any deviations from these General Insurance Requirements
must be requested in writing on the County prepared form entitled
"Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
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 tinder 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
E:3
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
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 aLj1= C.
Deputy Gletk
(CORPORATE SEAL)
Attest:
BOARD OF COUNTY COMMISSIONERS
OF MONR COUNTY, FLORIDA
By
i��
ayor airman
FEDERAL EXPRESS CORPORATION
By
� I ��y �,4 14"�, ,
ice- P rest d en
APPROVED
AS TO LE AL FORM
LEGAL D PT
APPROVED AS TO Fn^ .1
AND LEG SUFFI N
r,
y's
9
April 22. I993
Irl Prilxing
GENERAL LIABHATY
INSURANCE REQUIREMENTS
CONTRACT FOR
131i;TWEEN
MONROE COUNTY, FLORIDA
AND
Prior to. the commencement of work governed by this contract, the Contractor shall obtain
- General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 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
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 eliective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
.(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
Policies issued to satisfy the above requirements.
Adininkiralive InAn�dion GL3
1/4709.1
56
April 22. 11.03
1s Milling
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
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 the contract and include, as a minimum, liability coverage for:
Owned, Non -Owned, and Ilired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single -Limit (CSL)
If split limits are provided; flie minimum limits acceptable shall 1be:
$ 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.4rdlive Irn4niclion V L3
1/4709.1 l
77
April 22. 1993
Isl IYili ilq',
WORKERS' COMPENSATION —
INSURANCE REQUIREMENTS
CONTRACT FOR
BETWEEN
MONROE COUNTY, F1,6I2IDA
AND
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.
In addition, the Contractor shall obtain Employers' Liability 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 A -
VI, by the A.M. Best Company. rating of AVI, as
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 Contractor's 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.
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.
Adminislralivc Intilruclion WC3
1/4709.1
83
t
CI�f•
_
7`
A
Z
r
�-
u
Aye CARG!7 rn
raxrr r n rr• "A"
4633
Certificate of Insurance
This certiftale is issued as a matter of information only and oonfets no rights upon the certificate holder.
This Certificate does na amend, extend or alter the covtmte afforded by the policies listed below.
Ibis certifiale replaces any other previously issued by this company for this insurryl
Cancellation: Should any of the described policies be analled, 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
A7TN: AA Skyelly, Airport Maoxger
Esr Wed lolaroauonal Airport FEDERAL EXPRESS CORPORATION
7491 S. Rooasveh Blvd.
Kay Wes, FL 33040
IP-O Box 727-2132
Memphis, Tennessee 38132
This is to certify that policies of insurance listed below have been issued to the insured named above and arc in force at s
this time.
limits of Policy Insurance Company and
Type of Coverage Uability Period
Policy Number
AIRCRAFT I.IABIt,t7V tNSURANC in. respect of
ail arraraft owned, leased, or operated by the Named
Bodily Injury &
property Damage
Insured, worldwide.
-----------------
Combined
AIRCRAFT NUI=L INSURANCE in respect of any
arreraU owned or operated by the Named Insured,
As Set Forth
worldwide.
In 77be Policy
COMPREIIF.NSIVF CFNFRA IIAn11M in
$5.000.000
respect of all Ground Operations of the Named
Bodily Injury &
Insured, including Premises -Operations, Contractual,
Products
Property Damage
and Completed Operations.
Combined
CCOMPREIIrNSIVF AVmMOB11 F 1 IABI r ^� in
r
respect of all Owned, I Fired and Non -Owned S
Million a of
Automobiles. S
Million CSL
RECEIVED
AUS 0a 1993
AIRPORTSIOMB
O&VI 93
to
OSJ01/94
OS/01/93
to
O&VI/94
011/01/93
to
Ot/01/94
OS/01/93
to
OV01/94
APPROVED BY RISK 4MAGEMENI
By
DATE
WAIVER: N/A ±"YEI.S
1<tvriti'^cl
ontrol
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 lei Each of the above Insurers is participating for its own part and not one for the other. Ce' nor as a result of the issuance of this Certificate.
RE: 3553 S. Roosevelt Blvd. Key West, FL
NiOMW Canty is included as an Additional Insured as its respective
nterest my appear,
Alexander & Alexander of'fexas, Inc.
1 717 N. Ilarwood Street
19th floor - Lock Box #8
Dallas, Texas 75201
Telephone (214) 880.0321
Date Issued: 08/01/92
By:
Wxanderander -
FEDERAL EXPRESS CORPORATION
SCHEDULE OF INSURERS
Term: August 1, 1993 to August 1, 1994
AIRCRAFT LIABILITY, AIRCRAFT HULL AND
COMPREHENSIVE GENERAL LIABILITY
INSURERS
PARTICIPATION
POLICY NUMBERS
Underwriters at Lloyd's and
19.5 %
Renewal ofAK9200805
British Companies
La Concorde Group (through
30.0%
Renewal of 92/13192
La Reunion Aerienne)..
Skandia. International:,
2.0 %
FM93HCOA 1
Insurance Company
1 INA
10.0 %
ATA013020
Compagnie d'Assurances Maritimes
22.5%
93.0851
Aeriennes & Terrestre
New York Marine & General
3.5 %
MMO-08293AV593
Insurance Company
Aviators International
4.0%
A0017/01/93
Insurance Group, Inc.
Sumitomo Marine & Fire
3.5 %
AFF00693
American Home Assurance Co.
5.0%
HIS32440
100 %
Each of the above Insurers is participating for its own part and not one for the other.
REC
Each of the 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
iVIE� 6 any sort under the above policies.
AUG 04 1993
CS,Im
r.%- . AIRPORTS/00
c10d50117001A7