Item C10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 2/16/00
2/17/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of assignment of a hangar lease at the Key West Airport, from Robert Dean to
Sam Samaha.
ITEM BACKGROUND: Mr. Dean sold his hangar to Mr. Samaha, and wishes to assign the hangar lease to the
purchaser.
PREVIOUS RELEVANT BOCC ACTION: Approval of hangar lease for Robert Dean, 2/22/95.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: $1,379.00
APPROVED BY: County Attorney X
OMB/Purchasing N/A
Risk Management N/A
AIRPORT DIRECTOR APPROVAL
~-~
e er . Horton ~
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
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DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Sam Samaha, Assignee
Effective Date: Execution
Expiration Date: 2/21/15
Contract Purpose/Description: Agreement for Sale and Assignment of Hangar Lease at the Key West
International Airport.
Contract Manager: Bevette Moore
(name)
# 5195
(Ext. )
Airports - Stop # 5
(Department)
for BOCC meeting on: 2/16/00
Agenda Deadline: 2/2100
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: 404-344101
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Airports Director 1 1 ) ( ) ~~-~ -.LJ 2."'2 I~
---
Peter Horton
Risk Management ~_I- ( ) ( ) .A/J A ~~-
/1// A Wayne Robertson
O.M.B./Purchasing 1 1 ) ( ) 1 1
--- r ---
/J , Jojm Ca(ter
County Attorney 1 / ( ) ( ) ( Ie c--b u../ oj t 0. / r:;.r::..1 00-
--- .L.-.....:__
Rob Wolfe
Comments:
Board of County Commissioners
RESOLUTION NO.
-2000
A RESOLUTION APPROVING THE ASSIGNMENT OF AN AIRPLANE HANGAR
LEASE AT KEY WEST INTERNATIONAL AIRPORT FROM J. ROBERT DEAN TO SAM
SAMAHA.
.\
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA:
Section 1.
Pursuant to paragraph 6B of the Lease dated February 22, 1995, by and
between Monroe County (lessor) and J. Robert Dean (Lessee) for real property for the
construction of a hangar at KWIA, Monroe County hereby consents to the assignment of Mr.
Dean's interest in the Lease to Sam Samaha. A copy of the original February 22, 1995 Lease
together with the Dean/Samaha assignment are attached to this resolution and made a
part of it.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the
day of February, 2000.
MayorShirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
Commissioner Mary Kay Reich
Commissioner Nora Williams
I
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
jresivhangar
APPROVED AS TO FORM
AN~~
BY
RO ERT N. W
O"TE 1- "20 - ~ 0
AGREEMENT FOR SALE AND ASSIGNMENT
COMES NOW f?Obf.R.T De~tv (hereinafter referred to as "Assignor" and
Sam Samaha (hereinafter referred to as flAssignee") and agree' as
follows:
1. The Assignor is the owner of a hangar located at the Key West
International Airport which is located on land being leased from. .
Monroe County, Florida.
2. It is the intent of the Assignor herein to
title and interest in said hanger and lease to
Assignee for the consideration of t42,000.00
assign all its right,
Sam Samaha the
o(J
3. The 7':l,r ({)OO -shall be due at closing in U.S. Funds.
4. It is the intention that both parities will culminate this sale
as soon as practicable and that all necessary steps be taken with
Monroe County for approval of this sale and assignment and by
execution by this letter agreement the parties hereby agree to this
sale and assignment dated this 12th day of January 2000 I' .
(ASSIGNOR)
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LEASE AGREEMENT
THIS LEASE is made and entered into on the~ day of ~rv..4 ,1995, by and
between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as
"Lessor," and J. ROBERT DEAN, hereinafter referred to as "Lessee," whose address is 14 W. Cypress
Terrace, Key West, Florida.
IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the
parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at
the Key West International Airport, Key West, Monroe County, Florida, measuring 30 feet in width and 40
feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof.
2. TERM. The above-described premises are leased to the Lessee for a term of five (5)
years from the date hereof, with the option of three (3) additional five-year extensions.
3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of
Ninety-five and 00/100 Dollars ($95.00) per month, or One Thousand One Hundred Forty and 00/100
Dollars ($1,140.00) per year, plus sales tax, for the use of said premises during the term of this lease,
said rent to be payable in advance on the .first day of each month or 'the first day of each year,
respectively, during said term. The rental charge for the five (5) years may be adjusted annually in
accordance with the percentage change in the Consumer Price Index (CPI) for Wage Eamers and
Clerical Workers in the Miami, Flor)d,a": ,area index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the previous year. Rental charge for any five-year
extension shall be determined pursuant to Exhibit 8 FAA Required Lease Clause No.1, paragraph 2. If
Lessee places a new hangar or any other new improvements on the leased land, those improvements,
become the property of the Lessor at the end of the lease. If improvements are not new when placed on
the premises, the age of the improvements shall be established and when that used hangar or other
reaches 20 years of age, both the hangar or other improvement and the underlying land shall be
reappraised. Ten percent (10%) of "(air mari<et value" of the premises with improvements becomes the
base rent for the remainder of the lease and option periods.
4.
LESSOR'S COVENANTS.
The Lessor hereby covenants and agrees with the
Lessee as follows:
A. The Lessee shall erect an aircraft hangar on the leased premises within one (1) year of
the beginning date of this lease.
8. The Lessee shall have the right to occupy the aircraft hangar located on the leased
premises.
c. The Lessee shall have reasonable ingress, egress and access privileges to the leased
premises.
D. No commercial activity shall be perfonned on the premises.
E. Maintenance of Improvements are the responsibility of Lessee.
F. The Lessee. on keeping the covenants and agreements by him herein contained. shaH
have quiet and peaceful enjoyment of the demised premises y-iithout any interruptions by the Lessor, or
. .
by any person or persons claiming by. through or under It.
5.
LESSEE'S COVENANTS.
The Lessee hereby covenants and agrees with the
Lessor as follows:
A. To pay the Lessor the rent at the times and in the manner provided for by this lease.
8. That no construction mortgage or lien of any nature will be placed upon the hangar
located on the leased premises.
c. That the said hangar shaH be used only for the purpose of housing airplanes and
providing for the care, repair and maintenance of such privately owned ail'Craft.
D. To pay aH utilities.1rlc{uding gas, electricity, water and garbage disposal charges, if any,
as well as all installation charges that may be required for any such utilities.
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.
2
F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims
for bodily injury (including death), personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out
of, in connection with, o~ by reason of services provided by the Lessee or any of its Contractors,
occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s),
their employees, or agents.
The extent of liability is in no limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
Prior to commencement of work/occupancy governed by this agreement, the Lessee shall obtain
General Liabilityfnsurance. Coverage shall be maintained throughout the life of this agreement and
included, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person.
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions
should include coverage for claims filed 011 or after the effective date of this agreement. In addition, the
II
period for which claims may be reported should extend for a minimum of twelve (12) months following
the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
6.
MUTUAL COVENANTS.
It is mutually covenanted and agreed by and between
the Lessor and the Lessee as follows:
3
A. That at the expiration of the tenn of this lease, the Lessee will quietly and peaceably
deliver up possession of the leased premises, including the aircraft hangar loeated thereon.
B. This lease shaH be binding upon the parties hereto, their successors, executors,
administrators and assigns. Any assignment of this lease shaH not become effective until approved in
writing by Lessor. Any assignment shaH extend no longer than the term remaining under this Agreement.
The premises shaH not be sub-let.
C. This lease shaH be automaticaHy canceled, and the title to the improvements on the
leased premises shaH revert to the Lessor should the Lessee fail to occupy the premises or there is
evidence that the premises are abandoned for a continuous period of any six (6) months during the term
of this lease, notwithstanding anything contained in paragraph 1 herein.
D. The Lessor shaH, upon thirty (30) days written notice to the Lessee, have the right to
terminate this lease.
7. FUTURE AIRPORT DEVELOPMENT. Lessee shaH, upon thirty (30) days written notice
from Lessor, abandon said leased premises if the land is required to accommodate future airport
development or for any other reason as determined by the FAA and Lessor.
8.
COMPLIANCE WITH LAWS.
Both parties shall comply with all federal, state
and local laws governing the activities under this lease. 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 hiay be amended. More
particularly, Lessee covenants that:
a) no person on' the grounds of race, color, national ongm, or sex shall be excluded from
participation in, denied the benefits of, or be otherwise .suqjected to discrimination in the use of
the premises; and
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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.
4
9. FAA REQUIREMENTS. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit "8," attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the
day and year first above written.
(SEAL)
ATTEST; Dl\NNY L". KOLHAG~, CLERK
B~ C. lJ>>)'Y~
Deputy Clerk .... _. ...~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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noW' knoW'n 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_
That the Tenant expressly.agrees for itself, its
successors and assigns, to Testrict the height of
structures, objects of natural growtn and other
obstructions on the hereinafter described real property
to such a height so as to comply with Federal ,Aviation
Regulations, Part 77.
That the Lessee expr~~sly agrees for its~lf, its
successors and assigns, to prevent any use'of the,
hereinafter described real property which would
interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an
airport hazard.
4.
This lease and all provisions hereof are subject and
subordinate to the terms and conditions of the
instruments and documents under which the Airport Owner
acquired the subject property from the United States of
America and shall be given only such effect as will not
conflict or. be inconsistent with the terms and
conditions contained in the lease of said lands frem
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 adonted by the Airport Owner pertaining to the
Airport.
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5. Notwithstanding anything herein contained that may be,
or appear to be, to the contrary, it is expressly
understood and agreed that the rights '. granted under
this agreement are nonexclusive and the Lassor herein
reserves the r~ght to grant similar privileg'es to
another Lessee or other Lessees on other parts of the
airport.
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PARRISH-O'NEILL & ASSOCIATES ~
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Ull/ORIZED REPRESENTATIVE ~,.
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THIS IS TO CERTIFY that Ihc Insurcd set forth below is at this dale insured with the Company(ies) as indicated under
Policy(ies) dcscribed in Ihc following schedule.
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Named Insurcd
Address of Insured
Company
Policy Numbcr
Effective Dale
Expiration Date
Aircrafl Covered
ROBERT VEAN
1 4 We.6t Cyplle..6.6 T eA!l.ac.e, Key We..6t, FL 33040
SIGNAL AVIATION
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Febll~y 22, 1995
Feblluany 22, 7996
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COVERAGES LIMITS OF LIABILITY
;>-< A - Bodily Injury Liability $ each person
E-t Excluding Passengers $ each OCCurrence
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j:Q $ each person
~ B - Passenger Bodily Injury Liability
- $ each OCCurrence
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t C - Property Damage Liability $ each OCCUrrcnce
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p::; D - Single Limit Bodily Injury '3nd -
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less $
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Bodily Injury Liability '"
E-tV) $ each OCCurrcnce
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O~ Property Damage Liability $ each OCCUrrence
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-p::; Single Limit Bodily Injury and Property
~~ $ 300,000. each OCCUrrence
Damage Liability
This certificate is issued at the request of
whose address is
MOnlloe COunty -KeyWe..6t .1n.te!lnational AlIlpollt
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Keq,We..6t, FL 33040
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ADDITIONAL AGREEMENTS
MOnlloe County JA added M an addU;j.onal ,Uv.,Ulc.ed 601l UabUfty wUh Jte-6pect to
negUgent OPe!laU.On6 06 the named J..n6U1c.ed.
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