Loading...
05. 10/01/1994 to 09/30/1995 09/22/1994BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 ��ouNrr� 4JljjCWO���� ,N uc = t• ' c� �fCpuN1Y P' . win annp oi�jage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 MEMORANDUM TO: Peter Horton, Director Division of Community Services FROM: Ruth Ann Jantzen, Deputy Clerk DATE: November 16, 1994 i BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 At the September 22, 1994 County Commission Meeting, the Board granted approval and authorized execution of a > ■t between Monroe County and 'on, for space at Enclosed, for return to Federal Express Corporation is a fully executed, duplicate original of the subject Lease Agreement. If you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance County Administrator, w/o document File e 0 LEASE THIS LEASE is made and entered into on the � day of 046&A-1 , A.D. 1994, 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, FkriLQ, hereinafter referred to as the "AIRPORT", and WHEREAS, FEDEX is engaged in the business of air trarigporti- tion of cargo, mail and other property, and .' WHEREAS, FEDEX desires to obtain certain rights anc=,'pri,i- 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 twelve (12) months, commencing October 1, 1994, and ending on September 30, 1995. 4. Rent During the term of this Lease, FEDEX shall pay to the COUNTY, rent as follows: (1) the amount of ten dollars and sixty cents ($10.60) per square foot, for the area of three thousand (3,000) square feet, in the Air Cargo building, for a total of thirty-one thousand eight hundred dollars ($31,800) per annum, plus applicable sales tax, and (2) the amount of forty three and one/tenth cents ($0.431) 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 four thousand one hundred nine and 59/100 dollars ($4,109.59) per annum, plus applicable sales tax. 2 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 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: $.72 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of $9.00 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. 0 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 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 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 (CORPORATE SEAL) Attest: BOARD OF COUNTY COMMISSIONERS,IZ y,Iclq OF MONROEE COUNTY, FLORIDA J A A0*0 .� By y. or/unairman :. FEDERAL EXPRESS CORPORATION By By " - M . Secretary airiifedex AMOVID LEGAL FOR A„ a., _ r . . -q 9 r ►=xr►ttir•r ••�.. �C April 22.1993 Isl Priori" s 4 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN 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 shaiI be: $1,000,000 Combined Single Limit (CSL) If split Emits arc provided, the minimum limits acceptable shall be: S 500,000 per Person y S 1,000,000 per Occurrence S 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on -- Claims Made policy, its provisions should include coverage for claims filed on or aQer the elrective date of this In addition, the period for which claims may be reported should extend for a minimum of twelve contract. .(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. Adminialra6vc IrninulKin 94709.1 GL3 0 56 April 22. I'M VEHICLE LIABILITY INSURANCE REQUIREMENTS CONTRA.,.F'OR CT' BETWEEN MONROE COUNTY, FLORIDA AND lid 14nd ng j 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; the minimum limits acceptable shall'be: S 500,000 per Person S 1,000,000 per Occurrence S 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. Administrative hrdrmjion V L3 114709.1 t 77 April 22. 1 Tl.1 lsl Prievirrr WORKERS' COMPENSATION - INSURANCE REQUIREMENTS FOR ' CONTRACT BETWEEN MONROE COUNTY, FI,OR AND IUA Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sulrtcient to respond to the applicable state statutes. In addition, the Contractor shall obtain Crnployers' 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 t(te 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 Contractor's status. T1le 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 rinaiiCial statements from the fund upon request from the County. Administrative Insir x km WC3 #4709.1 �i 83 FAA REQUIRED LEASE CLAUSES 1. This lease shall be subject to review and re-evaluation at the end of each J- 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. Transportation, 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 as; if said lease had never been made or issued. The provision shall not be effective until the procedures 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 K W A Airport. 5. 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 Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. Certificate No. 4633 Certificate of Insurance Fe&.x This certificate is issued as a matter of information only and confers no rights upon the Fed" ft= 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. Named Insured: Federal Express Corporation P. O. Box 727-2132 Cancellation: Should any of the described policies be cancelled, the issuing company will Memphis, Tennessee 38132 endeavor to mail 30 days written notice to the below named certificate holder. Adeaa et.1e ..:::.'oduce ................................:............................................................................................................ ........ ......................-...................................... ......................................... .::..........................................................................._.... .............................................. -..................................... ........................ ......................................... . Monroe County ? E T Alexander & Alexander of Texas, Inc. ATTN: Art Skelly, Airport Manager FYI 7 Harwood Key West International Airport 1 r - Lock Box #8 3491 S. Roosevelt Blvd. DATE ( Dallas, Texas 75201 Key West, FL 33040 Telephone: (214) 880-0321 _:. ...:.:: .....; : .::.::::.:...:.,:.;:... ::...,:::. ::..:.::;::. . ilna ...:.;.. ... .:::.. Poiicl+<h'feriod< :::>:.:...:.:.. . `'>in� tsr#oe f ot#tpagy and Policy IVum6�er .. A. AIRCRAFT LIABUM in respect of 08/01/94-95 American Home Assurance Company all aircraft owned, leased, or operated (through AIG Aviation) by the Named Insured, worldwide HM31451 (5.0%) °:: Risk NV;, �t. r: .. Control Subscribing Companies of SAT �a Somerset Aviation, Inc. ._ A0017/01/94 (5S%) Compagnie d'Assurances Maritimes Aeriennes 94.0821 (22.5%) B. AIRCRAFT HULL INSURANCE in As Set Forth In The Policy inspect of all insured aircraft owned or La Concorde Group leased by the Named Insured, (through La Reunion Aerienne) worldwide 94/18822 (32.0%) CIGNA Insurance Company of Texas ATA014019 (10.0%) Underwriters at Lloyd's and British Companies C. COMPREHENSIVE GENERAL $5,000,000 AM9430581 (18.0%) LIABILITY in respect of all Ground Bodily Injury & Property Operations of the Named Insured, Damage Combined New York Marine & General including Premises Operations, Insurance Company and Contractual, Products and Completed various subscribing companies Operations. MMO-11062AV594 (3.5%) Skandia International Insurance Company FM94HCOAI (3.5%) D. COMPREHENSIVE AUTOMOBILE LIABILITY in respect of all Owned, Hired and Non -Owned Automobiles. Each of the above Insurers, Individually, has authorized Akwoder & 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. Each of the above Insurers is participating for its own part and not one for the other. RE: 3553 S. Roosevelt Blvd. Key West, FL Monroe County is included as an Additional Insured as its respective interest may appear. RECEIVEDDate Issued: July 27, 1994 AIRPUKIS/UMB WU ram 15avid Baker C C , i