4. 07/01/2020 to 06/30/2025 ;a°trtult Kevin Madok, CPA
.
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 24, 2020
TO: Beth Leto,Airports
Business Manager
FROM: Pamela C. Hanco .C.
SUBJECT: July I5" BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C33 Lease Agreement with Charlene P. Melba Trustee,Jules I. Beckwitt Revocable
Trust for approximately 1,777 square feet of unimproved land at the Florida Keys Marathon
International Airport in the amount of$ 2,612.19 per year.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Ronda 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
LEASE AGREEMENT
FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT
CHARLENE P. HELBA,TRUSTEE,JULES I. BECKWITT REVOCABLE TRUST
This lease agreement is entered into by and between Monroe County, a political
subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key
West, FL 33040 (hereafter COUNTY, LESSOR or OWNER) and Charlene P. Helba, Trustee,
Jules I.Beckwitt Revocable Trust whose address is 120 Fireside Drive,McMurray,Pennsylvania,
15317 (hereafter TENANT or LESSEE).
WHEREAS, LESSOR owns property adjacent to and including an airport known as the
Florida Keys Marathon International Airport, located in Marathon, Monroe County, Florida,
hereinafter referred to as"Airport"; and,
WHEREAS, LESSEE has leased said premises continuously since September 16, 2009;
and,
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in
connection with said property, and the COUNTY is willing to grant and lease the same to
LESSEE,upon the terms and conditions hereinafter stated, now,therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, LESSOR does hereby grant and lease unto
LESSEE, and LESSEE does hereby lease from LESSOR, certain premises, rights and privileges
as follows,to wit:
1. Premises. LESSOR does hereby lease to LESSEE, and LESSEE leases from the
LESSOR, an irregularly shaped parcel of land measuring 102' by 36' by 135' by 15' located at
the Florida Keys Marathon International Airport, as described in Exhibit"A" attached hereto and
incorporated herein. The premises are leased to the LESSEE for the sole purpose of providing
vehicular access to LESSEE's hangars, which are located off airport property.
2. Term. The term of the lease shall be five (5) years, commencing July 1, 2020 and
ending on June 30, 2025.
3. Rent. The rent for the premises which measures approximately 1,777 square feet is
$1.47 per square foot, $217.68 per month or $2612.19 per year, plus applicable sales tax, with
the monthly rent due and payable beginning on the first day of each month.
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 twenty dollars ($20) or twenty
percent (20%), whichever is greater, of any such overdue amount. 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 10 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 service charge of$25 if the
face value does not exceed$50; $30 if the face value exceeds $50 but does not exceed$300; $40
if the face value exceeds $300; or 5 percent of the face value of the payment instrument,
whichever is greater. Such fees and charges shall 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 10 of this lease.
Rent will be adjusted annually on the anniversary of the effective date of this agreement
by the greater of the amount recommended in an approved rates and charges study or by the
percentage in increase in the CPI (U.S. Department of Commerce price index for all urban
consumers) for the previous calendar year. In the event of a deflationary CPI, no adjustment in
the rental rates will be made.
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 is not a "through the fence" tenant and LESSEE will have no direct
access whatsoever from the leased premises on to the property of the Florida Keys Marathon
International Airport.
B. LESSEE will utilize the leased area solely for vehicular access to the LESSEE's
hangars,which are located off airport property.
C. LESSEE will not use the leased area for storage purposes whatsoever. This
paragraph shall not preclude the parking of vehicles on the leased property; however, vehicles
parked for a consecutive 48 hour period shall be deemed to be stored for purposes of this
subsection.
D. LESSEE'S hangar door access on to the leased area shall remain closed at all
times to prevent the escape of nuisance or hazardous materials on to the airport unless hangar
door access is immediately needed. The requirements of this paragraph shall only apply when the
LESSEE's property is being leased or occupied by a tenant engaging in an activity that produces
airborne contaminants.
E. LESSEE will institute reasonable precautions to prevent a nuisance or airport
hazard, including but not limited to any activities/operations on LESSEE's premises that would
affect the activities/operations on the airport, such as: smoke, open flames, blowing dust, paint
overspray, et cetera.
F. LESSEE shall pay the LESSOR the rent at the times and in the manner provided
for by this lease.
G. LESSEE shall make no improper or unlawful or offensive use of said premises,
and shall permit the LESSOR or its agents to inspect the leased premises at all reasonable times
for the purpose of viewing the condition thereof.
H. 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 VII of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in
employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended(42 USC §§ 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, §§ 523 and 527 (42 USC §§ 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 §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in
employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which
prohibits discrimination on the basis of race, color, sex,religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; and 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.
I. 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.
J. 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.
K. LESSEE expressly agrees for itself, its successors and assigns to prevent release
on to airport property of any contaminants, of any type and in any form whatsoever, generated
as a by product of activity conducted at LESSEE's property, including but not limited to
fiberglass dust and paint overspray.
L. LESSEE expressly agrees for itself, its successors and assigns to remediate any
damage caused on Airport property, regardless of ownership of the damaged property, as a result
of a release of contaminants from LESSEE'S property.
M. 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.
N. 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.
O. LESSEE expressly agrees LESSEE'S tenants, heirs, successors, assigns or
invitees shall be required to comply with LESSEE'S covenants 5A-N.
6. Inspection and Maintenance of Premises by County. The LESSOR and its
authorized officers, employees, agents, contractors, subcontractors and other representatives
shall have the right to enter upon the leased premises for the following purposes:
a) to inspect the leased premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether LESSEE has
complied and is complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing perimeter security fence, underground and overhead wires, pipes, drains, cables and
conduits now located on or across the leased premises, and to construct, maintain, repair,
relocate, and remove such facilities in the future as necessary to carry out the Master Plan of
development of the Airport; provided, however, that said work shall in no event unduly interfere
with the operations of LESSEE and, provided further, that the entire cost of such work, as a
result of the exercise by the LESSOR of its rights hereunder shall be borne by the LESSOR.
7. Assignment. This lease agreement may not be assigned, or the premises subleased,
without the written permission of the Director of Airports which shall not be unreasonably
withheld.
8. 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, attomey'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.
9. 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:
General 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
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 10.
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.
10. 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.
11. 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.
12. Public Records Compliance. LESSEE must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The COUNTY and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other"public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the COUNTY and LESSEE in conjunction with this contract and related to
contract performance. The COUNTY shall have the right to unilaterally cancel this contract
upon violation of this provision by the LESSEE. Failure of the LESSEE to abide by the terms of
this provision shall be deemed a material breach of this contract and the County may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party, be
entitled to reimbursement of all attomey's fees and costs associated with that proceeding. This
provision shall survive any termination or expiration of the contract.
The LESSEE is encouraged to consult with its advisors about Florida Public Records Law in
order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the LESSEE is required
to:
(1) Keep and maintain public records that would be required by the COUNTY to perform the
service.
(2) Upon receipt from the County's custodian of records, provide the COUNTY with a copy of
the requested records or allow the records to be inspected or copied within a reasonable time at a
cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the LESSEE does not transfer the
records to the COUNTY.
(4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in
possession of the LESSEE or keep and maintain public records that would be required by the
COUNTY to perform the service. If the LESSEE transfers all public records to the COUNTY
upon completion of the contract, the LESSEE shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the LESSEE
keeps and maintains public records upon completion of the contract, the LESSEE shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the COUNTY, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the COUNTY.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
COUNTY shall immediately notify the LESSEE of the request, and the LESSEE must provide
the records to the COUNTY or allow the records to be inspected or copied within a reasonable
time:—
If the LESSEE does not comply with the COUNTY's request for records, the COUNTY shall
enforce the public records contract provisions in accordance with the contract, notwithstanding
the COUNTY's option and right to unilaterally cancel this contract upon violation of this
provision by the LESSEE Contractor. A LESSEE who fails to provide the public records to the
COUNTY or pursuant to a valid public records request within a reasonable time may be subject
to penalties under Section 119.10, Florida Statutes.
LESSEE shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-
3470, BRADLEY-BRIAN(a MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL
33040.
13. Governing Law, Venue. Interpretation. 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.
14. 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.
15. 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 attomey'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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. Attestations. 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.
29. 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.
30. Execution in Counterparts. 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.
31. 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.
32. Cancellation of Lease. LESSOR may cancel this lease agreement by giving
LESSEE sixty (60) days advanced written notice upon the happening of any of the following
events: the appointment of a receiver of LESSEE's assets; the divesting of LESSEE's leasehold
estate by other operation of law; the abandonment by LESSEE of its operations at the premises
for a period of sixty (60) days. By the end of the sixty (60) day notice period, LESSEE shall
have vacated the premises and the LESSOR may immediately re-enter and take possession of
same. If it is necessary to employ the services of an attorney in order to enforce the LESSOR's
rights under this paragraph, the LESSOR shall be entitled to reasonable attorney's fees. LESSEE
may cancel this lease agreement, at any time and with or without cause, by giving LESSOR
ninety(90)days advance written notice.
33. Federal,State and local law. Lessor shall comply with all federal, state, county
and local laws, ordinances, rules and regulations now and hereafter in force which may be
applicable to the operation of its business at the airport, including the minimum standards as
amended from time to time.
34. FAA Requirements. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit"B",attached hereto and made a part hereof
35.Termination for Convenience. This lease may be terminated by the LESSOR for
convenience and without cause upon one hundred eighty (I80) days written notice delivered by
hand or certified mail,return receipt requested, of intent to terminate and the date on which such
termination becomes effective.
IN WITNESS WHEREOF,the parties have caused this lease to be executed this
�:cs;-` � day of -Lw�+d. 2020.
` I Q
lsry 1 EVIN MADOK,CLERK OF BOONROEOF OO TY UNTY COMMISSIONERS
p IR[MO
/ / , / By
•
Deputy Clerk Mayo hai n
L
LESSEE -` w ,1
c.
{? 4.4i.elA rizia ret '-
Charlene P. Melba ,-re u srFE : 3 m
c fUCCS .r. acc'w,'T QEPn cAa o
STATE OF: a rensr cr: 0
/
COUNTY OF. p lig 1 /'
Subscribed and sworn to Or gfrrmed)bgfore me, by means of!)Yphys l pres ng p online
notarization, on UPI SfiX (Al( l'LG ,tta
Warne of aft-tarn) H e is personally known to me or has produced
Vti cm VC.rS Il l tii SE (type tiftcation) identification.
Commonwealth or Pennsylvania-Notary Seal NOT
cy‘chair
Amy Papp,Notary Public
Allegheny County
My commission expires January 10,2021
Commission number 1247042 ///�]]
Member,Pennsylvania Association of Molar/vs9)NFOE COUNTT(YYAATTORNE`/
j,ccriOVE -C FORM
PED
ASS' UNTY ATTORNEY
Date 6/30/20
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EXHIBIT B
FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and re-evaluation at the end of each 1 year period, by
the airport owner and the rent may be adjusted according to their action,not to exceed the
Consumer Price Index rate during the last 12 month period, or;
Land less improvements will be appraised every 5 years and the adjusted rental will be
based on normally 10-12 percent of the appraised value. If disputed, lessor obtains
appraisal at his expense and lessor/lessee equally share expense for review appraisal that
establishes fair market value.
2. The tenant for himself,his personal representatives, successors in interest,and assigns,as
a part of the consideration hereof, does hereby covenant and agree that (1) no person on
the grounds of race, color, or national origin shall be excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in the use of said
facilities, (2) that in the construction of any improvements on, over or under such land
and the furnishing or services thereon, no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits of, or be
-- -- otherwise subjected to discrimination, (3) that the tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary,
Part 21, Nondiscrimination in Federally-assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Airport
Owner shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued. The provision shall not be effective until the procedures of
Title 49, Code of Federal Regulations, Part 21 are followed and completed including
exercise or expiration of appeal rights.
3. 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.
That the Tenant 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.
That the 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.
4. This lease and all provisions hereof are subject to any ordinances rules or regulation
which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Florida Keys Marathon International Airport.
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 Lessor herein reserves the right tot grant similar privileges to
another Lessee or other Lessees on parts of the airport.
A`ROB CERTIFICATE OF LIABILITY INSURANCE DATEGUROWYWY)
03Mw2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(W)must have ADDITIONAL INSURED provisions or be elldomd.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,arteln policies may require an endorsement A statement on
this certificate doss not confer rghte to the certificate holder In lieu of such endoreemengst
PHOOUCR CONTACT Fekda Thomas
Regan Insurance Agenly H (306)052-9234ouc,No: (305)852-3T03
Earn
90144 Oversees Hwy. Appym Momas®leganinwmnt Mcmm
INW ER(S)AFFORCOA COVERAGE NAM
TaNmler FL 39070 NeumA Century Surety Company 36951
WORMINSURERS:
Jules I Beckvntt Rev Trust 5/14/1992 *SERER
c/o Charlene P.HeIba.Trustee INSURER°:
120 Fireside Date NEMER E:
McMurray PA 15317 pmURlNf:
COVERAGES CERTIFICATE NUMBER: 20-21 GL REVISION NUMBER:
THIS IS TO CERTIFY THAT TNE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTIMTNSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INR Auw.eveR POLICY Elk POLICY EPP
L'R TYPE OF INSURANCE INFO WVO POLICY NUMBER IMWooAYIYI PONDONWVI LOUTS
X COMM5RLML MINERALLMNLJW EACH OCCURRENCE a 1.000,000
CWMSMILE IINLL OCCUR P PREMISES
a00Am 1C0,000
UAMAU RIWOLLI aI i
VIED EXP Wry Mn sew) f 5.0W
A - Y DCP380512 0321/2020 03/21/2021 PERSONAL ADVIPJURY 11.000.000
GENIAOGREWTE LIMIT J[tT ESNXILES PER'. C£NEMLAGGREGATE L
OD 2.000.000
POLICY I I I Lac PRODUCTS COMP/OPAO3 i 1.000,000
—
OTHER:
i
AUTOMOMLE LIABILITY lEsCOMBINED SINGLE LIMIT y
mecidentl
ANY AUTO BODILY INJURY(Pet wrap $
UMiFn SCIED LED BODILY INJURY PW ACMVC $
AUTOS MAY AUTOS
HIRED HUOSONED PROPERTYBAMAGE
AUTOS ONLY AUTOS ONLY /Per LAWN
i
aiIEW WS OCCL R EACH OCCURRENCE $
UMW ma CWMSMADE AGGREGATE S
OW RETENTIONS p i
WORKERS CMPB AION PER ETH
MO WIPLOYEA'LIABILITY YIN
OFFICER/NEWER
EXCUDEENECUTNE O _ .. -EL.EACH CCIOEVT e
(Wafts,
EXCLUDER NIA-_
PSM PM/In,Inn NH)
mder EL06EASF-EAENPLOVa f
DESCRIPTION OF OPERATIONS Eebx EL DGEASE-POLICY MP( S
DESdIPOOH OF OPERATORS I LOOTNNJB/VENICLU IACORO 1O1.AMCI oniI Rewap SUMWle.ay M Attached If mare*PA IN muted)
Cedffcale Holder is lhoen as an additional Insured per policy forms,connd}Nbns,imitation and exclusions.
DA`— tll Si/Gll. .•
WA • 17.1 . -3
e71• n
CERTIFICATE HOLDER RELATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St met
AUTHORIZED REPRESENTATIVE
Kay Nest FL 33040 Acl-
1 W
01BB8-2016ACORD CORPORATION. All rights reserved.
ACORD 25(2015/03) The ACORD name and logo are registered marks of ACORD
loll Erma
MONROE COUNTY,FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
II is requested Mat the(mutate Iequlnwwut.is specified In the Coaly's Schedule ofhumane*
Requirements,be waived or modified on the followinga nima
cavnaaverda Charlene P. Delba, Trustee for Jules I. Deckwitt Rev. Truer
P bate or Sallee: fl K. Keys Marathon Airoort Lease -Renewal
Cay.dorfVabr 120 Fireside Dr., McMurray, PA 15317
Addsns a.Phoa a
77e-qA2-1scR n£fire
Carmel ScopeofWwl: _-
Required- for waiver of Vahirls Liability Tnenrance
Revel for Warm or The leased area involves a sDa1j_ai.A of land running
Mndfgalla.
ad}aeanb-be-the-airport sear rity form/Do-No
vehicles are s older on ttia-t-property. '
Pollen Waiver or
ModiOuea will apply lo. New lease (renewal in procennl Ne rngnagt a
waiver of the-watt to,ir ' -nbllity •eetion BNJ.YrTho-general
liability-pa 1...,.. swill be-iset. ---.
$ewlelfioc�I Trva c/ tt'4 z� A ��I.y Ttulree pot 7uigs r.
l� sT
Dee:ki-.z Q_ Arrayed ._._.._. .
ft
RMk�M(aa�ryylelm^nfS�f{�ns�wc_ _____ _. ._ _
Cooly AdmMuumr sppnl:
Appeal: .__ Na Approved: ___
bale'.
Bard ofcosaq Comutiaa ypy;
Approw& _ Not Approved:
Modes Dam
MMelmnae lutaka 15001
lee