Loading...
02/27/1979 AgreementLEASE AGREEMENT FOR HANGAR SPACE THIS LEASE AGREEMENT, Made and entered into this 27th day of February , 197 9 , by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the Lessor, and DAVID PAUL HORAN , whose mailing address is 513 Whitehead Street, Key West, Florida, 33040, hereinafter called the Lessee: W I T N E S S E T H: That the Lessor hereby leases that certain property describ- ed in Exhibit "A" attached hereto and made a part hereof, located in Key blest, Monroe County Florida, subject to the I ollowing conditions and limitations which the parties mutually agree shall apply: 1. TERM. The period of this lease shall be from March 1, 1979 until September 30. 1989 unless sooner terminated in accordance herewith. 2. RENTAL. The Lessee covenants and agrees to pay the Lessor in advance as rent for said property during the said term of this lease, FOUR HUNDRED FIFTY ($450.00) Dollars per year, and thereafter in advance on the anniversary date of each year during the term of this lease. Delinquent payments shall be subject to an automatic and progressive TEN percent delinquent charge. 3. RULES AND REGULATIONS. The Lessee agrees to strictly execute, comply with and abide by all applicable rules, regulations and directives of the Lessor as presently existing or as may be promulgated, changed or amended from time to time, and it shall be the duty of the Lessee to become and remain informed and familiar with the same as promulgated, changed or amended, which by refer- ence are hereby made a part hereof. Failure or refusal to comly or abide with the provisions of this article shall be cause for termination of this lease. Page 1 of 9 Pages -T73 4. PERSONAL PROPERTY. All personal property placed or moved in or on the premises above described shall be at the risk of the Lessee or owner thereof, and Lessor shall not be liable for any damage or loss to said personal property for any act of negli- gence of any co -Lessee or occupant, or of any other person whomso- ever. 5. SAFETY, CORRECTION, ETC. The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations, directives and requirements of the Federal, State, County and City Governments and of any and all of their depart- ments and bureaus, applicable to said premises for safety and cor- rection, prevention and abatement of nuisances or other grievances, in, upon, or connected with said premises and its operation. 6. DEFAULT. A. The prompt payment of the rent for said premises upon the terms named, and the faithful observance of the rules, regulations and directives which are by reference made a part hereof, and of such other and further rules, regulations and/ or directives as may be hereafter made by the Lessor are the condi- tions upon which the lease is made and accepted, and any failure on the part of the Lessee to comply with the terms of this lease, or any of said rules and regulations or directives, now in exis- tence, or which may hereafter be prescribed by the Lessor, shall at the option of the Lessor, work a forfeiture of this lease, and all of the rights of the Lessee hereunder, and thereupon the Les- sor, its agents or employees shall have the right to enter said premises, and remove all persons and property, if desired, there- from frocibly or otherwise, and the Lessee hereby expressly waives any and all notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and expressly agrees that in the event of a violation of any of the terms of this lease, or of said rules, regulations or directives, now in existence, or which may hereafter be made, said Lessor, its agents or employees may immediately re-enter said Page 2 of 9 Pages premises and dispossess Lessee without legal notice or the insti- tution of any legal proceedings whatsoever. B. 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 discontinue operations on the premises or petition for any bankruptcy or insolvency, or be adjudicated bankrupt, or make a general assignment for the benefit of credi- tors, or suffer a lien to be filed against the premises, or permit a receiver or trustee to come into possession without removing them, within a reasonable time. 7. COSTS AND ATTORNEY'S FEES. Lessee agrees to pay all. costs and expenses and a reasonable attorney's fee in the event legal action is taken by the Lessor because of any violation of the terms of this lease or of any code section, ordinance, regula- tion or rule applicable to the Lessee's use of the premises includ- ing but not limited to those governing the payment of rent. 8. FIXTURES. The said Lessee hereby pledges and assigns to the Lessor the fixtures, and goods and chattels of said Lessee, which shall or may be brought or placed on said premises as security for the payment of the rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress foreclosure or other- wise at the election of the said Lessor, and does hereby agree to pay all costs and charges therefor incurred by the Lessor. 9. ENTRY. The Lessor, or any of its agents, shall have the right to enter said premises during all reasonable hours, to examine the same as may be deemed necessary.for the safety, comfort or preservation thereof, and to determine if Lessee is in compli- ance with all of the aforementioned rules, regulations, directives and otherwise. 10. CONDITION OF PREMISES. A. The Lessee acknowledges and agrees that he has examined the premises, and is fully advised Page 3 of 9 Pages of the condition and location thereof, and the limitations and restrictions placed on any building, structure or other object as to height, due to the proximity of the landing and takeoff areas of the Airport. Lessee further agrees to abide by and observe all such restrictions and limitations, and agrees that the observance of such limitations and restrictions, whether by municipal, county, state or federal governmental authority, shall not in anywise affect the Lessee's obligations under this lease. B. Lessee hereby accepts the premises in the condi- tion they are in at the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reason- able wear and tear arising from the use thereof under this agree-. ment. Lessee further agrees to make good to said Lessor immedi- ately upon demand any damage caused by any act or neglect of Lessee, or of any person or persons whomsoever, including but not limited to employees, guests, passengers, or persons under the control of the Lessee, and the Lessee shall be liable to the Lessor and shall forever hold harmless the Lessor .from any and all such damage or loss occasioned to the premises, or any of its other properties caused by the acts or negligence of the Lessee or any person or persons whomsoever including but not limited to employees, guests, passengers, or persons under the control of the Lessee. This agreement is for the use of hangar space only, such space to be used at the sole risk of the Lessee, and the Lessor shall not be liable for the care or protection of the airplane, her appurtenan- ces or contents, or for any loss or damage of any kind or nature to the airplane, her appurtenances or contents, however caused. There is no warranty of any kind as to the condition of the pro- perty nor shall the Lessor be responsible for injuries to persons or property occurring upon the Lessor's property for any reason. 11. LIABILITY. It is expressly agreed and understood by and between the parties to this agreement, that the Lessor shall Page 4 of 9 Pages not be liable for any damage, loss or injury which may be sustained by the Lessee or other person or for any other damage, loss or injury resulting from the carelessness, negligence or improper con- duct on the part of any other Lessee or agents, or employees in or on or about the said premises. 12. RELEASE. The Lessee does hereby forever release and discharge the Lessor, its departments, agencies, agents and author- ized personnel from any and all liability that has or may result from or be suffered by the Lessee arising out of or in connection with this lease, and the Lessee's operation hereunder. 13. CLAI.NMS. The Lessee shall defend, pay or settle any and all liability, demands and claims by or in favor of any person including, but not limited to, the Lessee's agents, servants or employees, against the Lessor, its departments, agencies, and authorized personnel arising; out of, or in connection with this lease or the Lessee's operation hereunder, and to forever hold harmless the Lessor, its departments, agencies, agents and personnel from any such liabilities, demands or claims asserted by any of the aforedescribed, including cost of suit, attorney's fees, and any other expenses in connection therewith, and to pay or settle any claims for the injury, loss or damage to personnel or property of or under the control of the Lessor arising out of this contract or the Lessee's operation hereunder. 14. INSURANCE. The Lessee shall carry and provide dur- ing the term of this contract, at Lessee's expense, liability, protective and indemnity insurance covering the Lessee's opera- tions, and such other operations of the Lessee in and about the Lessor's property, subject to the approval of the Lessor, and such other insurance coverage as may be requested by the Lessor. Said insurance shall be with a company with a Best's Insurance Guide, Latest Edition, rating of A:AAA or better, and a certificate of insurance shall be furnished the Lessor in an amount not less than $100,000/$300,000. Any and all of said insurance to be non -cancel- lable without a thirty -day written notice of cancellation first being given to the Lessor. Page 5 of 9 Pages 15. INSOLVENT, ETC. If the Lessee shall become insol- vent or if bankruptcy proceedings shall be begun by or against the Lessee before the end of said term, the Lessor is hereby irrevo- cably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such re- ceiver, trustee, or other judicial officer during the term of this occupancy in their fiduciary capacity without affecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in or to the above described property by virtue of this contract. 16. HEIRS AND ASSIGNS. This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the Lessee. 17. ME OF THE ESSENCE. It is understood and agreed between the parties hereto that time is of the essence of this contract and this also applies to all terms and conditions con- tained herein. 18. RIGHTS. The rights of the Lessor under this lease shall be cumulative and failure on the part of the Lessor to exer- cise promptly any rights given hereunder shall not operate to for- feit any of the said rights. 19. SIGNS OR ADVERTISING. It is hereby understood and agreed that no signs or advertising are to be used in connection with the premises leased hereunder without first obtaining; written approval of Lessor. 20. ASSIGNMENT, SUBLET AND ALTERATIONS. The Lessee shall not assign this lease, either as an absolute transfer of his title or interest therein or thereto or as security for a loan, nor sublet the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein without the prior written consent of the Lessor. Page 6 of 9 Pages 21. TAXES. Should any taxes be imposed upon the prem- ises involved in this lease, or upon the owner, Lessor, Lessee, occupant or whomsoever, from anv source whatsoever, the same shall be the responsibility of the Lessee and the Lessee shall pay same promptly. 22. 14AINTENANCE OF PROPERTY. The Lessee agrees to keep the property clean and free and clear of debris. 23. LIEN. A. The Lessee agrees that the Lessor shall have a lien against any airplane, her appurtenances and contents for unpaid sums due or to become due for the use of the airport facilities or services or damage caused to any property of the Les- sor. B. 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 Lessee may in good faith contest the validity of any lien. 24. RESTRICTIONS. The Lessee agrees not to conduct, nor allow to be conducted on the leased premises, any business ven- tures, enterprises or activities, including, but not limited to, the sale of gasoline, oil, airplane parts, or any other goods and/or services, and convenants that he will not conduct any re- pair services, except that he shall have the right to repair his own private plane, and further, shall not engage in 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 services of any nature whatsoever. 25. MAINTENANCE. The Lessee further agrees that all areas of the leased premises not paved shall be maintained by him in a neat condition, and that grassed areas shall be mowed regu- larly 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 premises shall be so utilized that use of the premises will not cause dust, Page 7 of 9 Pages debris 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 that may be erected thereon in a neat and clean condition. 26: EXCAVATION. The Lessee agrees that no excavation of any of the leased lands shall be made, and that no soil or earth shall be removed from said premises except with the written approv- al of the Lessor. 27. USE OF PROPERTY. The Lessee hereby agrees to use said leased premises only for the erection of a private hangar and shall have the right to erect, at his own expense, one hangar upon said premises, and storage of Lessee's private plane. How- ever, prior to the erection of any hangar upon said leased prem- ises, 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 erection there- of. 28. IMPROVEMENTS. A. The parties specifically agree that during the term of this lease Lessee shall remove any hangar or improvements erected pursuant to this lease at Lessee's ex- pense when Lessor deems it necessary for the operation, control and/or development of the airport, and Lessee shall vacate the premises. Lessor may provide other premises to Lessee for remain- ing term of this lease if same are available. B. That at the end of the term of this lease, title to all hangars or improvements placed on the leased premises shall vest in the Lessor. 29. SPECIAL CLAUSES. The parties specifically agree that the rental rates previously provided for herein shall increase automatically based upon the U. S. Department of Labor Consumer Price Index (U. S. City Average all items), using March 1, 1979, as the base period equal to 100 as compared to said index at the end of the twelve month period and applying such percentage Page 8 of 9 Pages increase to the yearly rental. All increases in rental will be computed annually after the first year of this lease and be used for the following year's rental. DATED at Kev West Florida, the day and year first above written. Attest: er WITNESSETH: , Monroe County, COUNTY OF ROE TAT E OF FLORID By hairman the Board of County bmmissioners of Monroe County; Florida. (Seal) Lessor D VID P UL HORAN Lessee I !JEREBY CERTIFY that this document been revie�rred for legal suffi thiit the sarne meets with t,iy approval. Attorriey's Office Page 9 of 9 Pages n EXHIBIT "A" ' 'DE'3CRIPTI0N OF: PROPOSED LEASE AT KEY WEST INTERNATIONAL AIRPORT FOR: DAVID PAUL HORAN A tract of land located within the boundary of the Key West International Airport and more particularly described as follows: COMMENCING at the intersection of the Southwest corner of the U.S. Government Property, as indicated on Plat of Survey of a "PORTION OF ROOSEVELT BOULEVARD", as recorded in Plat Book 2, Page 17, Monroe County Records, and the Northerly right-of-way line (curb line) of Roosevelt Boulevard, run Northwesterly along the Northerly right-of-way line (curb line) of Roosevelt Boulevard for a distance of 300.27 feet to a point; thence with a deflected angle to the right of 78 degrees and 50 minutes and Northwesterly for a distance of 435.94 feet; thence with a deflected angle to the left of 28 degrees 19 minutes and 40 seconds and Northwesterly for a distance of 375.87 feet to a point; thence with a deflected angle to the left of 39 degrees 40 minutes and 20 seconds and Northwesterly for a distance of 149 feet to the Point of Beginning of the tract of land being described herein; thence perpendicular to the preceding course and Southwesterly for a distance of 60 feet; thence perpendicular to the preceding course and Northwesterly for a distance of 50 feet; thence perpendicular to the preceding course and Northeasterly for a distance of 60 feet; thence perpendicular to the preceding course and Southeasterly for a distance of 60 feet; thence perpendicular to the preceding course and Southeasterly for a distance of 50 feet back to the Point of Beginning, containing 0.07 acres, more or less. .; u ` January 17, 1978,- S l f 1 •� 1 •,� � �) ^T Key west, Florida PH LIPS b 1RICE SURVE-PING, INC. Ja M. Phillips Professional Land Surveyor Florida Reg. Cert. # 1410