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10/1997 to 10/2002 10/15/1997 LEASE AGREEMENT This lease agreement is made and entered into this /S 6i day of c;:/ C ,0 pcut:!- 1997. by and between Monroe County, a political subdivision of the State of Florida, whose address is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter COUNTY, and Charles Pierce and Bob Cayce, whose respective addresses are # 1 47th Street. Gulf, Hurricane Harbor, Marathon, FL 33050 and 5996 Overseas Highway, Marathon, FL 33050, hereafter TENANTS. The parties agree as follows: 1) The COUNTY leases the property described in Exhibit A -- hereafter the premises - to the TENANTS for a I /0/3/ I term of five years, beginning on 10 II S- , , 1997 and ending on ,2002. Exhibit A is attached to and incorporated into this lease agreement by reference. The TENANTS may renew this lease agreement for three additional five year terms by providing the COU!'ITY with written notice of their intent to do so thirty days or more in advance of :r \..0..." o r.:; CD - the term's expiration date. ~ ~: ~:.".,. h r" ("') -,. -,,, .--. '-' r - .. z '-' 2) The rental payment for the premises during the first year of this agre~;~~ is~O.nn on. L:;)- 0 c: ::;: ~-~ :;0 per month, plus the applicable sales tax, payable at the Airport Director's Office, MOf~~n ~p~ ~-l->- ' 11 . . -...... w on 9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will in~ale fO.Lea~ ~m\DO successive year of the first ten years by the following amount: the total rental amount for the year multiplied by the increase in the consumer price index (c.p.i.) for the Miami/Ft. Lauderdale area divided by twelve. Rent may be paid by the month or year at the TENANTS' option. In the second ten years the rent will be changed at fair market value, established after an appraisal of the premises and calculated pur:;uant to the then current rates and charges study. 3) a) The parties acknowledge that there is an existing hangar on the premises that belongs to the TENANTS. At the end of the second term (ten years from the commencement of this lease agreement), the hangar will become the property of the COUNTY. If the TENANTS elect not to renew this lease at the end of the first term, then they may remove the hangar from the premises if they do so by the end of that term. If the hangar remains on the premises after the expiration of the initial term, and the TENANTS have elected not to renew, the hangar becomes the property of the COUNTY. Further, if, during the first two five-year terms, the TENANTS depart the premises as a result of their breach of this agreement. then the hangar will become the property of the COUNTY. b) The TENANTS must make the following capital improvements to the hangar: reseal the asphalt hangar pad, install new tie downs, repair the X-braces, secure the roof beam by the ground cables on the east and west side of the hangar, and upgrade the utilities (water and electric) to the standards established by the Monroe County Building Code. The capital improvements must be completed within the first two years of the initial term. All the capital improvements just described must be inspected and approved for building code compliance by the Monroe County Building Department. c) (i) The TENANTS may not conduct any commercial activity or operate an FBO on the premises without the permission of the COUNTY. The premises are leased strictly for use by the TENANTS' private aircraft. (ii) The TENANTS must keep the COUNTY's Marathon Airport Director apprised of the names of persons and their aircraft that the TENANTS have authorized to use the hangar facilities. The Director must be notified as soon as possible when an authorized occupant is added or deleted. d) The TENANTS are responsible for the maintenance of the hangar for the first and second terms of this lease (the first ten years). After that. the COUNTY will assume the responsibility for the hangar's structural maintenance. with the TENANTS responsible for all other premises' maintenance. Both parties must perform their maintenance of the hangar and related improvements in accordance with all applicable laws. rules and ordinances. 4) If the premises are needed for the expansion of the Airport or the FAA requires the removal of premise improvements. then the COUNTY may cancel this lease with thirty days written notice to the TENANTS. Upon such termination. the COUNTY will have no further obligation to the TENANTS. including the obligation to pay money or any damages. The COUNTY must also remove the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during the first or second terms, the COUNTY must dismantle and return the hangar to the TENANTS at any place designated by them within the Airport that is acceptable to COUNTY. 5) The TENANTS may assign this lease with the approval of the Board of County Commissioners. whose approval may not be unreasonably withheld. 6) The TENANTS must not authorize. permit or suffer any construction mortgage or other lien of any nature to be placed on the hangar. 7) The TENANTS must pay all utilities. including gas. electricity. water and solid waste disposal charges, if any. and any installation charges that may be required for those utilities. 8) The TENANTS must not make any unlawful or off~nsive use of the premises and must permit the COUNTY or its agents to inspect the premises at all reasonable times. 9) The TENANTS must obtain - and keep in effect during the term of this lease - the insurance described in Exhibit B. Exhibit B is attached and incorporated into this lease agreement. 2 The TENANTS may not begin this occupancy of the premises. regardless of the commencement date of this lease. until they furnish proof satisfactory to the COUNTY's Director of Risk Management that they have obtained the insurance policies required by Exhibit B. 10) TENANTS covenant and agree to indemnify and hold harmless the 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 reason of the TENANTS' utilization of the property governed by this lease agreement. The extent of liability is in no way limited to. reduced. or lessened by the insurance requirements contained in paragraph 9 and Exhibit B. 11) a) The TENANTS for themselves. their personal representatives. successors in interest. and assigns. as a part of the consideration hereof. do 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 of 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 TENANTS 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. bl That in the event of breach of any of the above nondiscrimination covenants. the COUNTY 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. 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. 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. 3 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. f) 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 existing 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. g) 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 tenant or other tenants on other parts of the Airport. 12) This lease will be automatically canceled, and the title to the improvements on the leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises within six months of the commencement of this lease or if, during the term of the lease, the premises are abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 13) The TENANTS, on keeping the covenants and agreements set forth in this lease, are entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY or by any person or persons claiming by, through or under the COUNTY. 14) All communications between the parties should be between the following persons at the following addresses: Marathon Airport Director Marathon Airport 9400 Overseas Highway Marathon, F~ 33050 Mr. Charles Pierce # 1 47th Street. Gulf Hurricane Harbor Marathon, FL 33050 Mr. Bob Cayce 5996 Overseas Highway Marathon, FL 33050 The parties agree that any communication required from the COUNTY to the TENANTS will be considered sent and delivered if sent and delivered to either Tenant. Any communication required from the TENANTS to the COUNTY will be considered sent and delivered if sent and delivered by either Tenant. 15) f.ny action taken by either Tenant under this lease will be binding on the other Tenant as if the action had been undertaken jointly. 4 161 The TENANTS under this lease are to be considered joint tenants with a right of survivorship. In the event of the death of either Tenant. the surviving Tenant will automatically acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this . lease agreement. 1 71 The TENANTS warrant that they have not employed. retained or otherwise had act on their behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance No. 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision. the COUNTY may. in its discretion. terminate this lease without liability and may also in its discretion. recover from the TENANTS the full amount of any fee. commission. percentage. gift or consideration paid to the former COUNTY officer or employee. Venue for any litigation arising under this lease agreement must be in a court of tion in Monroe County. Florida. HEREOF. the parties have set their hands and seal. L. KOLHAGE. CLERK By By @O-~W De CI ~SSES:.. " p ,~ "" 'L~ " . ~ . 'I /:~,...~ t:;}:5' ~4.ij'q ( I (- / J~- c)..~- 1- -L I2A--rL TENANTS By a~ ?_~ Charles Pierce By ~,/ t4-;4 lBrl ) Bob Cayce jairihangarma 8 5 AIRCRAFT CERTIFICATE OF INSURANCE Date: MAY 07, 1997 Named Insured And Address: CAYCE'S EXCAVATION, INC. C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATHON FL 33050 CERTIFIED COpy Company Policy Number Effective Date Expiration Date AMERICAN EAGLE INSURANCE CO AFX0221505-02 04/23/1997 04/23/1998 The following describes the liability -coverage provided and the aircraft insured under the policy referenced above: Coverage Combined single limit bodily Injury and Property damage liability AIRCRAFT INSURED LIMITS OF LIABILITY Each Passengers Passenger Occurrence Are Sub-Limit FAA Number Year Manufacturer Model N812T 1974 BEECH E-55 $ 1,000,000 INCLUDED N/A This Certificate is issued to: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS/RISK MANAGEMENT 3100 COLLEGE ROAD KEY WEST FL 33040 with whom we agree, if possible, to notify 30 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. Coverages are subject to all policy terms, conditions and exclusions. Approved: Al~ Company Representative '~i0nQ:'\.'F-T} P\ q!s!o., '/ri~il~r:1 ~-":- Form #CER1 (1/92) ~~ ~::E to) L/ (/~~Irr v'''''fR. N,~1m~ U. (YL~f-, ,f;/ '-:..-r~' c \,,_ ~LA.J-(- C/ ,_/C ( C.)..... --jj CAYCE'S EXCAVATION, INC C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATHON, FL 33050 May 22, 1997 RE: POLICY NO: AFX0221505-2 AIRCRAFT: 1974 BEECH BARON E55, N812T Dear Mr Cayce: We are pleased to enclose your insurance policy which replaces the temporary evidence of coverage previously forwarded to you. Please read your policy carefully to be certain the coverages are exactly as desired. Pay particular attention to the sections regarding approved pilots and uses to be sure they meet the stated requirements. In the event the policy is not correct, please notifY us at once. We appreciate this opportunity to again be of service. If additional or higher limits of coverage are desired or you have any questions, please don't hesitate to give us a call at 1-800-835-2677. Thanks again. Best regards, 0 _. ~ ~ -e~~ UIVvlj Account Manager /pak Enclosure(s) cc: Monroe County Board of County Commissioners - Certificate of Insurance AON Aon Risk Services MS BEVETTE MOORE CITY OF KEY WEST 5100 COLLEGE ROAD, COMMUNITY SERVICE DIVISIq1*.....- Sl}!Odt\\'tj KEY WEST, FL 33040 i - ~S-- December 15, 1997 Qj~Jj~1 RE: INSURANCE CERTIFICATE OF INSURANCE FOR: CAYCE'S EXCAVATION, INC 1974 BEECH E-55, N812T Dear Ms. Moore: Attached please find an "EXACT COPY" of the Certificate of Insurance which we faxed to you this date per your request. The original of this Certificate was mailed out to Monroe County Board of County Commissioners on May 22, 1997. See copy of our letter which was mailed to the insured. If you have any questions, please don't hesitate to give me a call at 1-800-835- 2677. Thanks again. Best regards, ~' iMAJ~ a ~~~~~ King Account Manager /pak Enclosure(s) Aon Risk Services, Inc. of Kansas. Formerly Rollins Hudig Hall of Kansas, Inc. Mid-Continent Airport. Po. Box 9210. Wichita, Kansas 67277-9210 tel: (800) 835-2677 ot(316) 943-9331 .. fax: (316) 942-6713 I' I I i i II r ~ :> (/.~ tT1 :t> X c~ : ;:J"' ..... %)- ff - ..... ..,. ('T )>I j ! I ~r;l 2. " ~~ . ~I~i "'C. n:%) ~c:: ;;..2 c,j .. C.~ :rJ\ l- ~,-< :~ I -i > im >< 'D -I -< CI> I . -4 -. ~~ I [ _,.,.~ .... 7 .. I r . , t I f t I, I t ~ ! j J Ii ~ ~, g ... - ....j , ! . '~:-'" .,: . .. EXHIBIT 'B' 1996 Edition c MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport! Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at hislher own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance h~;; been reinstated or replaced. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. . 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 to the County by the inst;.rer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its eniployees and officials will be . included as "Additional Insured" on all policies, except for Workers' Compensation. 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 approved by Monroe County Risk Management. Administration Instruction #4709.2 24 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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. GLl Administration Instruction #4709.2 54