07/15/2015 LeaseIt
LEASE AGREEMENT
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
MARATHON AVIATION ASSOCIATES, LLC
THIS AGREEMENT is made and entered into this 15th day of July 2015 by and
between Monroe County, a political subdivision of the State of Florida, owner of
Florida Keys Marathon International Airport, whose address is 1100 Simonton Street,
Key West, Florida 33040, (hereafter "County" or "Lessor "), and Marathon Aviation
Associates, LLC, dba Marathon General Aviation, whose address is 9850 Overseas
Highway, Marathon, Florida 33050, (hereafter "Marathon GA" or "Lessee ").
PARKING LOT LEASE AGREEMENT
WHEREAS, County owns an airport known as the Florida Keys Marathon
International Airport, located in the City of Marathon, Monroe County, Florida,
hereafter referred to as the "Airport"; and
WHEREAS, Marathon GA is one of the Fixed Base Operations on the
airport property; and
WHEREAS, Marathon GA desires to provide long term parking services to its
clients; and
WHEREAS, the County is willing to lease a portion of its airport terminal parking
lot to Marathon GA for long term parking use upon the terms and conditions stated
below;
NOW THEREFORE, in consideration of the mutual covenants and agreements
contained in this lease, County does hereby lease unto Lessee and Lessee does hereby
lease from County certain premises and facilities, rights and privileges, as follows;
1) The County leases to Marathon GA and Marathon GA leases from County
parking spaces at the airport terminal parking lot in an area determined by the Airport
Manager.
2) The term of this Lease is five years, beginning on July 1, 2015 and ending on
June 30, 2020. The County reserves the right to cancel this lease at its convenience and
without cause upon thirty (30) days written notice to Marathon GA, and Marathon GA
may cancel the Lease at its convenience and without cause on the same thirty (30)
day written notice to the County.
3) Rent shall payable as follows;
Marathon GA shall pay County a rental rate of fifty dollars ($50.00) plus tax per
parking space per calendar month during which a vehicle on Marathon GA's inventory
list is parked in said space for any portion of said calendar month(s). In addition the rent
shall accrue on a per vehicle basis such that if 2 different vehicles occupy the same
parking space during the same calendar month the County shall be entitled to rent for
both vehicles regardless of the number of days the vehicle is actually parked. NO rent
will be collected for unused spaces. Marathon GA shall maintain a vehicle inventory
showing the make, model and tag number of parked vehicles authorized by Marathon
GA and shall submit a copy of said inventory on a monthly basis along with its rental
payment. On the anniversary date of this Agreement the rental rate will be adjusted
annually by a percentage equal to the percentage increase in the CPI for urban
consumers for the preceding calendar year. In the event of a deflationary CPI, no
adjustment in the rental rate will be made.
Rent shall be paid one month in arrears due and payable on or before the first day
of each calendar month during which this Agreement is in effect. Upon the failure of
Lessee to pay rent or concession fees 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
payment plus applicable late fees shall cure what would otherwise constitute a default
by Lessee under the terms of this Agreement. The County, at its option, however, may
refuse a proffered overdue payment and late fees, declare a default, and proceed
according to paragraph 9 of this Agreement. In the event that any check, draft, or
negotiable instrument by which Lessee has tendered any 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 payment due. The acceptance
by the County of the 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 Agreement. 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 Agreement.
4) Lessee shall occupy parking spaces as directed by the Airport Manager. In the
event that vehicles must be relocated to a different area in the parking lot to
accommodate airport needs, then the Airport Manager will give Marathon GA
reasonable advanced notice of this request.
5) All vehicles parking in the parking lot shall be in working condition with
current registration, license plates, and proof of insurance.
6) Vehicles must have an appropriate Lessee issued hangtag prominently displayed
to indicate that they are authorized for long term parking.
7) 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 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 Agreement, (B) the
negligence or willful misconduct of Lessee or any of its employees, agents, sub-
contractors or other invitees, or (C) Lessee's default in respect of any of the obligations
that it undertakes under the terms of this Agreement, 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 Agreement, this section will survive the expiration of
the term of this Agreement or any earlier termination of this Agreement.
8) The failure of Lessee to pay a rental installment when it becomes due, or any
other charges or fees that become due within ten (10) days after Lessee receives a
statement for such fees or charges from the County, constitutes an act of default.
The failure of Lessee to perform any covenant of this Lease, which failure continues
for a period of fifteen (15) days after notice of the failure is given to Lessee in writing
by the County, also constitutes a default under the terms of this Lease. In the event
of any such default, the County may declare the Lease forfeited and may
immediately re -enter and take possession of the leased premises and this Lease will
terminate. The County is entitled to reasonable attorney's fees, including at the
appellate level, for the enforcement of the terms of this Lease.
9) The Lessee for itself, its personal representatives, successors in interest and
assigns, as a part of the consideration hereof, does hereby covenant and agree that
there will be no discrimination against any person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. Lessee agrees to 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
patient 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 maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
10) 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 landing on, taking off from
or operating on the airport. 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. 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.
11) 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 be hereafter adopted by the Airport Owner
pertaining to the Florida Keys Marathon International Airport.
12) This Lease Agreement has been carefully reviewed by both the Lessee and
the County. Therefore, this Lease Agreement is not to be strictly construed against
any party on the basis of authorship.
13) This Lease is governed by the laws of the State of Florida. Venue for any
litigation arising under this lease must be in a court of competent jurisdiction in
Monroe County, Florida.
14) This Lease Agreement represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings.
15) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the
participation of the County 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 County be required to
contain any provision for waiver.
16) 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 County, when performing their respective functions under
this Agreement within the territorial limits of the County 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 County.
17) 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 County, except
to the extent permitted by the Florida constitution, state statute, and case law.
18) 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 -parry claim or entitlement to
or benefit of any service or program contemplated hereunder, and the County and the
Lessee agree that neither the County 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.
19) Lessee agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -
Free Workplace Statement.
20) 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
21) 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.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and
year first above written.
HEAVILIN, CLERK
WITNESSES:
Signature
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor anny Kolhage
MARA ON AVIATION ASSOCIATES, LLC
By
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