5. 09/17/1997 Agreement
119annp lL. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOD WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANT A nON KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO:
Peter Horton, Director
Division of Community Services
Isabel C. DeSantis, Deputy Clerk ~ f-ft.
November 5, 1997
FROM:
Date:
At the September 17, 1997 Commissioner's meeting, the Board
granted approval and authorized execution of a Lease Agreement
between Monroe County and the Marathon Flying Club to lease a
hanger at the Marathon Airport.
Enclosed is a duplicate original of the Agreement for your
return to the tenant.
Should you have any questions, please do not hesitate to
call.
cc: County Attorney
County Administrator, w/o document
Finance
v"'F i Ie
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LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into by Monroe County. a political subdivision of
the State of Florida. whose address is Marathon Airport. 9400 Overseas Highway. Marathon. FL 33050.
hereafter COUNTY. and the MARATHON FLYING CLUB. a Florida non-profit corporation. whose
address is PO Box 523148 Marathon Shores, FL 33052, hereafter the lESSEE or TENANT, The partie'~
agreeing as follows:
1 , The County hereby leases to the lESSEE a parcel of land located at the M(:,r~thon
Airport with a nine bay shade hangar. The land and hangar are depicted on Ex~i~its A o,?d A 1'.
,.
Those exhibits are attached and incorporated into this agreement. The land cl'rid hangor are
collectively referred to in this agreement as the premises.
2. The term of the lease is twenty (20) years beginning when the improvements described
in paragraph 4 are finished,
3. The lESSEE must pay monthly rent in advance for the premises in the amount of $75,00
per hangar bay for a monthly total of $675,00. The lESSEE is also obligated to pay the applicable
sales tax, No rent is due under this paragraph until the lease term begins as described paragraph 2.
However. the lESSEE is obligated to continue to make the rental payments in the amount established
in the lease agreement between the parties dated November 10, 1993, until the new lease term
begins and the rent charges established by this paragraph commence. The rent amount will be
adjusted each year by an amount equal to the percentage change of the CPI for the Miami/Ft.
Lauderdale area for the preceding year,
4. The COUNTY will make the following improvements to the premises and adjacent
area:
a) the repair or replacement of the hangar roof, depending on the state of
disrepair;
b) the installation of an apron and taxiway, contingent upon FAA approval.
5, The COUNTY must maintain the basic hangar structure, The LESSEE must maintain,
repair and upgrade the utilities (water and electric) serving the hangar. The LESSEE also must
configure the utility service so that only the premises are provided the utility service.
6. The shade hangar becomes the property of the COUNTY upon the effective date of
this agreement.
7, If the FAA requires that the shade hangar be removed or if the COUNTY requires that
the shade hangar be removed because of airport improvements, then the COUNTY must provide a
similar shade hangar elsewhere at the Marathon Airport at no cost to the LESSEE. The new shade
hangar will also be COUNTY property. The rent for the new shade hangar will be calculated on the
per bay basis plus CPI described in paragraph 3, No rent will be due between the date when the
LESSEE vacates the old shade hangar and the date the new shade hangar becomes available. The
term of this lease. however, will not be tolled during the hiatus between the last occupancy date of
the old (removed) shade hangar and the date of the new shade hangar becomes available.
8, The hangar facilities may only be used for the following:
a) The housing of airplanes not used in commercial service or otherwise used in
competition with any service offered for a fee by the Marathon Airport FBO, other than the rental of
hangar space,
b) The providing of care, repair and maintenance of only those airplanes housed
at the hangar facility. No other use of the hangar facility may be undertaken by the LESSEE without
the approval of the LESSOR's Board of County Commissioners,
c) The temporary parking of automobiles,
9. The COUNTY must make available reasonable ingress. egress and access privileges to
the premises for the LESSEE.
10, LESSEE agrees to indemnify and hold harmless COUNTY 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, or by reasons of the LESSEE utilizing the property governed by this lease
agreement.
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The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
11, General Insurance Requirements. Prior to LESSEE taking possession of the premises, the
LESSEE must obtain, at its own expense, insurance as specified in the attached Exhibit B, Exhibit B is
attached and made a part of this agreement. LESSEE may not occupy or use the premises until
satisfactory evidence of the required insurance is furnished to the COUNTY.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies. LESSEE shall carry its insurance with insurance
companies authorized to do business in the State of Florida.
LESSEE must maintain the required insurance throughout the entire term of this agreement, as
specified in Exhibit B. Failure to comply with this provision may result in the immediate termination of
this agreement and the return of all property owned by the COUNTY,
LESSEE must provide to the COUNTY, as satisfactory evidence of the required insurance,
either a
certificate of insurance or a certified copy of the actual insurance policy.
The COUNTY at its sole option may request a certified copy of any or all insurance policies
required by this agreement.
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 (30) days prior notification is
given by the insurer to the COUNTY,
The insurance requirements of this paragraph are for the protection of COUNTY, its property
and employees, and members of the general public. The insurance requirement is not. however, for
the protection or benefit of any specific member of the general public who might be injured
because of an act or omission of the LESSEE, The insurance requirements of this paragraph do not
make any specific member of the general public a third party beneficiary under this agreement.
Therefore, any failure of the COUNTY to enforce this paragraph or to ban the LESSEE from the
Marathon Airport if the LESSEE becomes uninsured or underinsured, is not the breach of any duty or
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obligation owed to any specific member of the general public and cannot form the basis of any
COUNTY liability to a specific member of the general public, his/her dependents, family, estate or
heirs,
12. The LESSEE, on performing its obligations under this agreement has the right of quiet
and peaceful enjoyment of the premise without any interruptions by the COUNTY, or by any person
or persons claiming by, through or under the COUNTY.
13. This lease is binding upon the parties, their successors, executors, administrators and
assigns,
14. The lease may be canceled at the discretion of the COUNTY if the LESSEE fails to
occupy the premises or there is evidence that the premises are abandoned for a continuous period
of any six months during the term of this lease, notwithstanding anything contained in paragraph 1,
15, a) The LESSEE for himself, his personal representatives, successors in interest, and
assigns, as a part of this consideration hereof, does hereby covenant and agree that:
1) no person on the grounds of race, color, or national original shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the use
of the premises,
2) that in the construction of any improvements on, over or under the premises' land,
and the furnishing of services thereon, no person on the grounds of race, color, or national
original shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination;
3) That the LESSEE 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.
b) That in the event of breach of any of this above nondiscrimination covenants, the
COUNTY shall have the right to terminate the lease and to re-enter and as if the lease had never
been made or issued. The provision shall not be effective until the procedure of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal
rights,
c) It shall be a condition of this lease that the COUNTY 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 herein 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.
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d) That the TENANTS expressly agree for themselves, their successors and assigns,
to restrict the height of structures, objects of natural growth and other obstructions on the herein
described real property to such a height so as to comply with Federal Aviation Regulations, Part 77.
e) That the TENANTS expressly agree for themselves, their successors and assigns,
to prevent any use of the herein described real property which would interfere with or adversely
affect the operation or maintenance of the airport, or otherwise constitute an airport hazard.
16. This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the COUNTY 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 COUNTY
and any exiting or subsequent amendments thereto, and are subject to any ordinances, rules or
regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the
Marathon Airport.
17. 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 COUNTY herein reserves the right to grant similar privileges to another LESSEE
or other LESSEEs on other parts of the airport.
18, This agreement is governed by the laws of the State of Florida and the United States.
Venue for any litigation arising under this agreement must be in a court of competent jurisdiction in
Monroe County, Florida. In the event of litigation, the prevailing party is entitled to reasonable fair
market value attorney fees and costs.
19. This agreement has been carefully reviewed by the LESSEE and the COUNTY.
Therefore, this agreement is not to be construed against either party on the basis of authorship,
20, Notices and rent to the COUNTY, unless otherwise agreed to should be sent to:
Marathon Airport Manager
9400 Overseas Highway
Marathon, FL 33050
Notices to LESSEE, unless otherwise agreed to, should be sent to:
MARATHON FLYING CLUB
PO Box 523148
Marathon Shores, FL 33052
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21. This agreement is the parties' final mutual understanding. It replaces any earlier
agreements, whether written or oral. This agreement may not be modified except by another written
and signed agreement.
22. This agreement will take effect on the signature date of the last party to sign.
IN,,WITNESS WHEREOF, each party has caused this agreement to be executed by its duly
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EXHIBIT
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EXHIBIT 'B'
INSURANCE
MO]'\ROE COUNTYMO]'\ROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL,
." ",,- ,,""
Indemnification and Hold Harmless,
:# ",'C'-- .'"' .\.1-,- ~.~"":'.' ....f~. ...,....".~;.;;."...,i
, for AlrportlAlrcraft'ActiVltJes'~"
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The Vendor covenants and agrees to indemnify and hold hannless Monroe County Board of
County Commissioners 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, or by
reason' of serVices provided by the Vendor or any of its Contractors, occasioned by the
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The e>.1:ent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
AIR
100
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
A]\T{)
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, 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 on or after the effective date of this contract.
In addition, the 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.
eLl
<;4