03/21/2012 LeaseDANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: April 16, 2012
TO: Reggie Paro.s, Manager
Florida Keys Marathon Airport
ATTN: Julie Thomson, Executive Assistant
FROM: Pamela G. Hanc ck, D.C.
At the March 21, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C 15 an Agreement with ADF Charter Corporation
d/b /a AirStar for a month -to -month lease of counter, office space and covered areas and storage
at the passenger terminal building at the Florida Keys Marathon Airport.
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File✓
LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ADF CHARTER CORPORATION
This lease agreement is entered into by and between Monroe County, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (hereafter COUNTY,
LESSOR or OWNER) and ADF Charter Corporation d/b /a AirStar, whose address is 25000 Overseas
Highway, Summerland Key, Florida, 33042 (hereafter TENANT or LESSEE).
WHEREAS, LESSOR currently has counter, office space and covered areas & storage available in
the passenger terminal building of the Florida Keys Marathon Airport; and,
WHEREAS, said counter, office space and covered areas & storage will be required for use by
U.S. Customs should LESSOR succeed in its efforts to make the Florida Keys Marathon Airport a U.S.
Customs port of entry; and,
WHEREAS, LESSEE is aware of LESSOR's effort to obtain Customs service but LESSEE has
nonetheless asked to lease said counter and office space; and
WHEREAS, LESSOR is willing to lease said counter, office space and covered areas & storage to
LESSEE with the understanding that if LESSOR is successful in its effort to obtain U.S. Customs service
LESSEE will peacefully surrender said.counter, office space and covered areas & storage; and,
WHEREAS, LESSEE has agreed to peacefully surrender said counter, office space and covered
areas & storage if LESSOR requires it for U.S. Customs service; now therefore,
IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the
parties hereto agree as follows:
1. Premises The Lessor leases unto the Lessee counter, office space and covered areas
and storage, inclusive of utilities, at the Florida Keys Marathon Airport, Marathon, Monroe County,
Florida, as follows:
A. Public Exposed Area of 98 square feet for use as counter space, at a rate of $34.09 per
square foot/annually, in accordance with the Airport's Standard Rates and Charges.
B. Non - Public Area of 160 square feet for use as office space, at a rate of $23.00 square
foot/annually, in accordance with the Airport's Standard Rates and Charges.
C. Covered Areas & Storage of 242 square feet at a rate of $16.60 square foot/annually, in
accordance with the Airport's Standard Rates and Charges.
2. Term The above - described premises are leased to the Lessee on a month -to -month basis
beginning April 1, 2012.
3. RenL The rent for the premises, including sales tax, shall be $988.83 per month, or
$11,865.87 per year, including sales tax.
Rental rates are subject to revision after the first 12 months and annually thereafter in accordance
with the percentage change in the Consumer Price Index for all urban consumers (CPI -U) for the previous
calendar year or in accordance with the Airport's standard rates and charges as revised, whichever is
greater. In the event of a deflationary CPI, no adjustment in the rental rates will be made.
Rent shall be paid in equal monthly installments, all 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
LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and
LESSEE will be obligated 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 LESSEE 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 9 of this lease. In the event that any check, draft, or negotiable instrument by which LESSEE
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
instrument. 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 fee 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 installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 9 of this lease.
4. LESSOR's Covenants The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable ingress, egress and access privileges to the leased
premises.
B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have
quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by
any person or persons claiming by, through or under it.
C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon
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.
5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the
LESSOR as follows:
A. LESSEE will only utilize the leased area to provide, non - scheduled aircraft charters
services. LESSEE is strictly prohibited from providing any other service from the leased area without first
obtaining written approval and entering into a written amendment to this agreement
B. To pay the LESSOR the rent at the times and in the manner provided for by this lease.
C. To vacate the premises upon 30 days written notification by LESSOR that the premises are
required for use by the U.S. Customs service.
D. Any commercial activity shall be conducted in strict compliance with the Minimum
Standards for Commercial Aeronautical Activities.
E. To make no improper or unlawful or offensive use of said premises, and to permit the
Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the
condition thereof.
F. Lessee covenants that he shall maintain and operate and use the premises in compliance
with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation, as said Regulations may be amended. More particularly, Lessee covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be exclude
from participation in, denied the benefits of, or be otherwise subjected to discrimination in
the use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
C) LEESEE will comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title
VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC S.
794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination
Act of 1975; as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL
91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans
with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to
time, relating to nondiscrimination based of disability; 10) Secs. 13 -101, et seq., Monroe
County Code, relating to discrimination based on race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identify or expression, familial status
or age; 11) Any other nondiscrimination provisions in any Federal or State statutes which
may apply to the parties to, or the subject matter of, this agreement. The LESSEE
expressly understands that upon a determination by a court of competent jurisdiction that
the LESSEE has discriminated against any person, this agreement automatically terminates
without any further action on the part of any party, effective the date of the Court order.
G. LESSEE 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.
H. 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.
I. 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 such 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 Owner pertaining to the Florida Keys Marathon Airport.
J. 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 LESSEE on
other parts of the airport.
6. Assisnment. This lease agreement may not be assigned, or the premises subleased, without
the written permission of the LESSOR.
7. Indemnification/Hold Harmless. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection with a
violation of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that
may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or
in connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other
invitees during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its
employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LESSEE).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this lease, this Section will survive the expiration of the
term of this lease or any earlier termination of this lease.
S. Insurance Requirements
A. LESSEE will obtain or possess the following insurance coverage's and will provide
Certificates of Insurance to LESSOR to verify such coverage:
Airport Liability. LESSEE shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and
Expanded Definition of Property Damage. The limits shall not be less than:
$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
Vehicle Liability. LESSEE shall provide coverage for all owned, non -owned and hired vehicles
with limits of not less than:
$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
Workers' Compensation. LESSEE shall provide Worker's Compensation Insurance with limits
sufficient to respond to the applicable state statutes. In addition, the LESSEE shall obtain
Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
B. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Worker's Compensation, issued to satisfy the above requirements.
C 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 days prior notification is given to
the Lessor by the insurer.
D. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
E. LESSEE shall maintain the required insurance throughout the entire term of this lease and any
extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified
copy of any and all insurance policies required by this lease. Failure to comply with this provision shall
be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 9.
F. 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 be approved by
Monroe County Risk Management.
9. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this lease. The failure of
LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen
(15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a
default under the terms of this lease. In the event of a default, LESSOR 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 rights
under this agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
10. Books. Records and Documents. LESSEE shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall
repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to LESSEE.
11. Governing Law, Venue, Interpretation. Costs. and Fees This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and
LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
12. Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
13. Attorney's Fees and Costs The LESSOR and LESSEE agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall
include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
14. Binding Effect The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives,
successors, and assigns.
15. Authority Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
16. Claims for Federal or State Aid LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
17. Adjudication of Disputes or Disagreements LESSOR and LESSEE agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any
party shall have the right to seek such relief or remedy as may be provided by this Agreement or by
Florida law. This paragraph does not apply where a default has occurred under the provisions of this
agreement.
18. Cooperation In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, LESSOR and
LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. LESSOR and LESSEE specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests
the other party's participation in accordance with the terms of this paragraph shall pay all reasonable
expenses by the other party by reason of such participation.
19. Covenant of No Interest LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that the only interest of each is to perform and receive benefits as
recited in this Agreement.
20. Code of Ethics LESSOR agrees that officers and employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
21. No Solicitation/Payment_ The LESSOR and LESSEE warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the
LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
22. Public Access The LESSOR and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and
LESSEE in conjunction with this Agreement; and the LESSOR shall have the right to unilaterally cancel
this Agreement upon violation of this provision by LESSEE.
23. Non - Waiver of Immunity Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any
commercial liability insurance coverage, self - insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for waiver.
24. Privileges and Immunities All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the LESSOR, when performing their respective functions under this Agreement within the
territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
LESSOR.
25. Legal Obligations and Responsibilities : Non - Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to
the extent permitted by the Florida constitution, state statute, and case law.
26. Non - Reliance by Non - Parties No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the
LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
27. Attestations estations. LESSEE agrees to execute such documents as the LESSOR may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
28. No Personal Liability No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
29. Execution in Counteruarts This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
30. Section Headings Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
31. Termination of Lease. During the term of this lease, either of the parties hereto may
cancel this agreement without cause by giving the other party fifteen days written notice of its intention
to do so.
32. Compliance with Rules and Regulations. LESSEE shall comply with all State, Federal
and County laws, statutes, ordinances, rules and regulations, including but not limited to the rules and
regulations as set forth in the airport's minimum standards, as any of the same may be amended from time
to time, all additional laws, statutes, ordinances, regulations and rules of the federal state and county
governments, and any and all plans and programs developed in compliance therewith, which may be
applicable to its operations, as any of the same may be amended from time to time, including specifically,
without limiting the generality thereof, federal air and safety laws and regulations and federal, state, and
county environmental, hazardous waste and materials and natural resources laws, regulations and permits
and FAA Airport Improvement Program Grant Compliance requirements.
33. Mutual Review. This agreement has been carefully reviewed by LESSEE and LESSOR,
therefore this agreement is not to be construed against either party on the basis of authorship.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of
.2012.
{,) BOARD OF COUNTY COMMISSIONERS
AnEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
WITNESSES:
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By
Mayor /Chairperson
LESSEE
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AIRCRAFT CERTIFICATE OF INSURANCE
Date: 07/28/2011
Descriptive Schedule
Named Insured: AIRSTAR, LLC, ADF CHARTERS CORPORATION, DBA
Address of Insured: 25000 OVERSEAS HIGHWAY
SUMMERLAND KEY, FL 33042
Company: U.S. SPECIALTY INSURANCE COMPANY
Policy Number: GA00162569 -03
Effective Date: 07/19/2011
Expiration Date: 07/19/2012
Aircraft Covered: N98918; 1985 CESSNA 172P
AIRCRAFT PHYSICAL DAMAGE
AIRCRAFT LIABILITY
I Less $ deductible
COVERAGES
I Less $ deductible
LIMITS OF LIABILITY
A— Bodily Injury Liability
Excluding Passengers
$
Each Occurrence
B — Passenger Bodily Injury
$
$
Each Passenger
Each Occurrence
C — Property Damage Liability
$
Each Occurrence
D — Single Limit Bodily Injury / Property
Damage Liability Passengers
$
Each Occurrence
DL — Single Limit Bodily Injury /
Prop Damage Limited Passengers
$ 100,000
$ 1,000,000
Each Passenger
Each Occurrence
AIRCRAFT PHYSICAL DAMAGE
F — All Risks While Not In Motion
I Less $ deductible
G — All Risks While In Motion
I Less $ deductible
Payment for aircraft physical damage under Coverage F or G will be made to the Named Insured and:
(Absence of an entry means "no exception ")
This Certificate is issued to: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Additional Insured I100SIMONTON STREET APPRO ED�!`RI l�
See Policy Conditions For Details KEY WEST, FL 33040 W TO >Ghn�el
With whom we agree, if possible, to notify 10 days before date of cancellation if policy should be cancelled, but
the Company shall not be liable in any way for failure to give such notice.
The above coverages are subject to all policy terms, conditions and exclusions.
Approved
AIP 1012 (08/10)
g OF 1 0 2
Office of the Secretary
or Transportation
The public reporting burden for this collection of information is estimated to average 30 minutes per response. If you wish
to comment on the accuracy of the estimate or make suggestions for reducing this burden, please direct your comments
to: U.S. Department of Transportation, Office of Aviation Analysis, X-56,400 7" St., SW_, Washington, D.C. 20590.
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information
unless it displays a valid OMB control number.
NOTE: For information on where to file completed copies of this form, see FILING INSTRUCTIONS below.
U.S. AIR CARRIERS - CERTIFICATE OF INSURANCE
POLICIES OF INSURANCE FOR AIRCRAFT ACCIDENT BODILY INJURY
AND PROPERTY DAMAGE LIABILITY
FILING INSTRUCTIONS File a signed original of this form with the Federal Aviation Administration, AFS -260, 800 Independence Ave., S.W.,
Washington, D-C. 20591. (See EXCEPTIONS 1 and 2 below.)
EXCEPTION 1 : If Block 2B on the reverse is filled in because the insured is a commuter air carrier. file a signed original of this form with the
Department of Transportation, Air Carrier Fitness Division, X -56, 400 71h St., SW, Washington, DC 20590.
EXCEPTION 2: For any insured that is located in the State of Alaska (regardless as to whether Block 2A, 2B, or 2C is filled in), file a signed
original of this form with the Federal Aviation Administration, Alaskan Region Hq., AAL -230, 222 W. r Ave., #14, Anchorage, Alaska 99513.
(Please type information, except signatures.)
THIS CERTIFIES THAT: U.S. SPECIALTY INSURANCE COMPANY -16415 ADDISON RD, SUITE 900-- ADDISON, TX,75001
(Name of Insurer)
has issued a policy or policies of Aircraft Liability Insurance to AIRSTAR, LLC, ADF CHARTERS CORPORATION, DBA
25000 OVERSEAS HIGHWAY, SLIMMERLAND KEY, FL 33042
FAA Certificate number
nsured U.S. Air Carrier)
effective from 07110/2011 until ten (10) days after written notice from the insurer or carrier of the intent
to terminate coverage is received by the Department of Transportation.
NOTE: Part 205 of the Department's Regulations does not allow for a predetermined termination date, and a certificate showing such a date is
unacceptable.
1. The insurer (Check One):
® is licensed to issue aircraft insurance policies in the United States:
❑ is licensed or approved by the government of to issue aircraft insurance policies; or
❑ is an approved surplus line insurer in the State(s) of
2. The insurer assumes, under the policy or policies listed below, aircraft accident liability insured to minimums at least equal to the
following during operation, maintenance, or use of aircraft in "air transportation" as that term is defined in 49 U.S.C. 40102.
( Complete applicable sechon(s) A. B. or C below)
A. U.S. AIR TAXI OPERATORS ( EXCLUDING U.S. COMMUTER AIR CARRIERS) WITH PART 298 AUTHORITY ONLY:
The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload
capacity of 18,000 pounds or less). (Complete separate or combined coverage as appropriate)
❑ Separate Coverages:
Policy No.
Property Damage $100,000
❑ Combined Coverage: The amount of coverage set forth below is a single limit of liability for each occurrence at least equal to the
required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.
Policy No. GA00162569 -03 Amount of Coverage
❑ This policy covers CARGO operations only and excludes passenger liability insurance.
SEE ATTACHED PAGE FOR AMOUNT OF
Type of Liability Each Person Each Occurrence
Bodily Injury Liability
(Excluding Passengers) $75,000 $300,000
$75,000 x 75% of
Passenger Bodily Injury Liability $75,000 total
number of
passenger seats
installed in aircraft.
OST Form 6410
B. U.S. COMMUTER AIR CARRIERS OR CERTIFICATED AIR CARRIERS OPERATING SMALL AIRCRAFT
The aircraft covered by this policy are SMALL AIRCRAFT (i.e., with 60 or fewer passenger seats or with a maximum payload
capacity of 18,000 pounds or less). ( Complete separate or combined coverage as appropriate}
❑ Separate Coverages:
Minimum Limit
Policy No.
Type of Liability
Combined Bodily Injury (Excluding Passengers other
than cargo attendants) and Property Damage Liability
Passenger Bodily Injury
Amount of Coverage
❑ Combined Coverage: The amount of coverage set forth below is a single limit of liability for each occurrence at least equal to the
required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.
Policy No.
Amount of Coverage
❑ This policy covers CARGO operations only and excludes passenger liability insurance.
C_ U.S. CERTIFICATED AIR CARRIERS OPERATING LARGE AIRCRAFT
The aircraft covered by this policy are LARGE AIRCRAFT (i.e., with more than 60 passenger seats or with a maximum payload
capacity of more than 18,000 pounds). ( Complete separate or combined coverage as appropriate}
❑ Separate Coverages:
Policy No.
Type of Liability
Combined Bodily Injury (Excluding Passengers other
than cargo attendants) and Property Damage Liability
Passenger Bodily Injury
SMITH $
❑ Combined Coverage: The amount of coverage set forth below is a single limit of liability for each occurrence at least equal to the
required minimums stated above for bodily injury (excluding passengers), property damage, and passenger bodily injury.
Policy No.
❑ This policy covers CARGO operations only and excludes passenger liability insurance.
The policy or policies listed in this certificate insure(s) ( Check One} Make and Model
❑ Operations conducted with all aircraft operated by the insured
❑ Operations conducted with the following types of aircraft: SEE ATTACHED PAGE
® Operations with the following aircraft: fuse addidonal Page it necessary)
Each policy listed in this certificate meets or exceeds the requirements in 14 CFR Part 205
U.S. SPECIALTY INSURANCE COMPANY
(Name of Insurer)
16415 ADDISON RD., SUITE 900
(Address)
ADDISON TX 75001
(City, State, Zip Code)
MICHAEL DONOVAN
Contact (person who can verify the effectiveness of the coverage)
972 -447 -2000 / 972 -447 -0000
(Area Code, Phone Number) (Area Code, FAX Number)
(Signature, If applicable)
07/28/2011
(Date)
(Date)
(Name of Broker, If applicable)
FRANKLIN. TN 37068 -1209
Each Person Each Occurrence
$300,000 $2,000,000
$300,000 $300,000 x 75% of
total number of
passenger seats
installed in aircraft.
Each Person Each Occurrence
$300,000 $20,000,000
$300,000 $300,000 x 75% of
total number of
passenger seats
installed in aircraft.
(Address)
FAA or Foreign Flag
Registration No.
SEE ATTACHED
PAGE FOR DETAILS
(Officer or authorized representative) I
(Area
Attachment for Item 2 and 3 of U.S. Air Carriers Certificate Of Insurance form OST 6410
POLICY NUMBER GA0016256M3
INSURED NAME AIRSTAR, LLC, ADF CHARTERS CORPORATION, DBA
FAA
Number
Make and Model
Amount Of Coverage
N98918
1985 CESSNA 172P
1,000,000 EACH OCCURENCE PASSENGER LIABILITY LIMITED T0100,000 EACH PERSON