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10/01/1980 ti LEASE AGREEMENT THIS LEASE AGREEMENT, Made and entered into this 1st day of October , 1980, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the Lessor, and EXEC AIR SERVICE, INC., a Florida corporation, hereinafter called the Lessee: WITNESSETH: That the Lessor hereby leases that certain property described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof, located in Key Vaca, Monroe County, Florida, subject to the following conditions and limitations which the parties mutually agree shall apply: 1. TERM. The period of this lease shall be from October 1, 1980, until September 30, 1981, 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 the total sum of THREE THOUSAND NINE HUNDRED SIXTY DOLLARS ($3,960.00) plus tax as follows: Three Hundred Sixty Dollars ($360.00) which represents the first month's rent and an additional $30.00 to be added to the $300.00 previously posted as the last month's rent, plus tax and monthly thereafter beginning on November 1, 1980, at $330.00 plus tax on the first of each and every month. 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 reference are hereby made a part hereof. Failure or refusal to comply or abide with the provisions of this article shall be cause for termination of this lease. Page 1 of 11 Pages 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 prop- erty for any act of negligence of any co- Lessee or occupant, or of any other person whomsoever. 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 departments and bureaus, applicable to said premises for safety and correction, 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 obser- vance 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 conditions 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 existence, 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 Lessor, its agents or employees shall have the right to enter said premises, and remove all persons and property, if desired, therefrom forcibly 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 Page 2 of 11 Pages directives, now in existence, or which may hereafter be made, said Lessor, its agents or employees may immediately re -enter said premises and dispossess Lessee without legal notice or the institution of any legal proceedings whatso- ever. 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 creditors, 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, regulation or rule applicable to the Lessee's use of the premises including 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 otherwise 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 Page 3 of 11 Pages the safety, comfort or preservation thereof, and to determine if Lessee is in compliance 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 of the condition and location thereof, and the limi- tations 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 limita- tions 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 condition 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 reasonable wear and tear arising from the use thereof under this agreement. Lessee further agrees to make good to said Lessor immediately 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. There is no warranty of any kind as to the condition of the property nor shall the Lessor be responsible for injuries to persons or property occurring upon the Lessor's property for any reason. Page 4 of 11 Pages 11. LIABILITY. It is expressly agreed and understood by and between the parties to this agreement, that the Lessor shall 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 care- lessness, negligence or improper conduct 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 authorized 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. CLAIMS. 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 de- partments, agencies, and authorized personnel arising out of, or in connection with this lease or the Lessee's opera- tion 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 afore - described, 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. A. The Lessee shall carry and pro- vide during the term of this contract, at Lessee's expense, the following insurance coverage: (1) Workmen's Compensation and Employee's Liability Insurance, and any other insurance required by any employee benefit act or otherwise required by law. Page 5 of 11 Pages (2) Property damage, 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 in- surance coverage as may be requested by the Lessor. Said insurance shall be with a com- pany with a Best's Insurance Guide, Latest Edition, rating of A:AAA or better, and a cer- tificate of insurance shall be furnished the Lessor in an amount not less than $100,000.00 per person and $300,000.00 per accident for bodily injury liability and $100,000.00 for property damage for any one accident. B. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida and must be acceptable to the Lessor. If the operation of the Lessee includes any hazards excluded by any "standard exclusion" of the policy, such "standard exclusion" shall be eliminated from the policy. Any and all of said insurance to be non - cancellable without a thirty -day written notice of cancellation first being given to the Lessor. The Lessee shall furnish certificates of insurance to the Lessor on all required insurance prior to occupancy of the premises. The public liability and property damage insurance shall name the Lessor as one of the parties insured. C. Compliance by the Lessee with the foregoing requirements as to the carrying of insurance shall not relieve the Lessee of its liability and obligations under this section or any other portion of this lease. 15. INSOLVENT, ETC. If the Lessee shall become insolvent or if bankruptcy proceedings shall be begun by or against the Lessee before the end of said term, the Lessor is hereby irrevocably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, 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. Page 6 of 11 Pages 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. TIME 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 condi- tions contained herein. 18. RIGHTS. The rights of the Lessor under this lease shall be cumulative and failure on the part of the Lessor to exercise promptly any rights given hereunder shall not operate to forefeit 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. 21. TAXES. Should any taxes be imposed upon the premises involved in this lease, or upon the owner, Lessor, Lessee, occupant or whomsoever, from any source whatsoever, the same shall be the responsibility of the Lessee and the Lessee shall pay same promptly. 22. MAINTENANCE 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 Page 7 of 11 Pages 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 Lessor. 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, pro- vided, 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 ventures, enterprises or activities, including, but not limited to, the sale of gasoline, oil, airplane parts, or any other goods and /or services, and covenants that he will not conduct any other goods and /or 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 agrees to maintain the demised premises in a clean condition and to maintain an adequate number of covered metal waste containers at suit- able locations, and shall deposit all trash and waste therein, and shall arrange for the proper disposition off the Airport of such trash, waste or refuse at its cost and expense. Further, Lessee agrees that the areas not paved shall be maintained by it in a neat condition, and that grassed areas shall be mowed regularly 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 by aircraft or vehicles will not cause dust, debris or waste to be blown about or Page 8 of 11 Pages raised so as to interfere with or disturb the use or enjoyment of 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 approval of the Lessor. 27. USE OF PROPERTY. The Lessee shall use the leased property for parking of its aircraft. 28. IMPROVEMENTS. A. The Lessee shall obtain prior written consent of the Lessor before making any improvements on the leased property. B. At the end of the term of this lease, title to all hangars or imporvements placed on the leased premises shall vest in the Lessor. 29. SURRENDER OF POSSESSION. Promptly upon the ter- mination of this lease by lapse of time or otherwise, the Lessee will at once peacefully surrender and deliver posses- sion to the Lessor of all of the lands hereby leased and all of the improvements thereon to which the Lessor is entitled hereunder, in good repair in accordance with the covenant herein contained to maintain and repair. 30. NON- EXCLUSIVE USE. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act of 1958 or its successor. 31. SEVERABILITY. In the event any covenant, condi- tion or provision herein contained is held to be invalid by any court of competent jurisdiction the invalidity of any such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or Page 9 of 11 Pages provision does not materially prejudice either Lessor or Lessee in its respective rights and obligations contained in the valid covenants, conditions or provisions of this lease. 32. NOTICE. It is understood and agreed between the parties hereto that any written notice required under the terms of this lease to be given to the Lessor would be given by Certified Mail - Return Receipt Requested and addressed to: Director of Airports, Monroe County Key West International Airport S. Roosevelt Boulevard Key West, Florida 33040 and, any written notice required under the terms of this lease to be given to the Lessee would be given by Certified Mail - Return Receipt Requested and addressed: Exec Air Service, Inc. Marathon Airstrip Marathon, Florida 33050 33. SPECIAL CLAUSES. page 10 of 11 Pages DATED at Key West , Monroe County, Florida, the day and year first above written. COUNTY OF MONK E, STATE OF FLORIDA By Chairman o th ' "Board of County Commissioners of Monroe County, Florida. (Seal) Lessor Attest: "- ) Clerk EXEC AIR SERVICE, INC. l By , ., ;4 Pr si ent (Corporate Seal) Lessee Attest: Secretary APPROVID AS f0 Fl?M AAVL GA4 8L FICIfNCY y / 44 Page 11 of 11 Pages • EXHIBIT "A" LEASE AGREEMENT A tract of land on the MARATHON AIRSTRIP at Key Vaca, Monroe County, Florida, and being more particularly described by metes and bounds as follows: COMMENCING at the Northwest Corner of "INDUSTRIAL SUBDIVISION ", as recorded in Plat Book 3, Page 132 of the Public Records of Monroe County, Florida, bear South 22 degrees and 09 minutes East, along the West Line of "INDUSTRIAL SUBDIVISION ", 150 feet; thence bear South 67 degrees and 51 minutes West, 871.2 feet; thence bear South 22 degrees and 09 minutes East, 100 feet to the POINT OF BEGINNING of the tract of land hereinafter described, said POINT OF BEGINNING being the Southwest Corner of that tract of land leased to William P. Smith, Jr.; from said POINT OF BEGINNING South 67 de- grees and 52 minues West, 275 feet; thence bear North 22 degrees and 09 minutes West, 79.2 feet; thence bear North 67 degrees and 51 minues East, 275 feet; thence bear South 22 degrees and 09 minutes East, 79.2 feet back to the POINT OF BEGINNING containing 0.5 acres. • r r • ., EXHIBIT' t B" .. • c 2J Q -)C7-181.E . c r • I • • 3 • L r • 'y fi 1 J r�� �r , —ti I ��r 2' , , r o -,. . Cr. . • • ' ' ' • • , ' C • ,,, w o -- . i r= ■ --1, r Ci • U L (i) 1 ,--- • _9 N cIQ � • • .. . c, c i , i t • 0 a • . .. 1 • . ` /� c '. L I • V J o , d a I • I • W • i • • rre----`• ` ) r * Z / � �� /a � • . ` • 4 , 4 1 -° Q ' 'C id C a Y • .•• - fl-UIS ( ct S • • �� •• .. • 4