Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 10/18/00
10/19/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval to rescind lease agreement with Gulfstream International Airlines, for office space
on the second floor of the Key West International Airport Terminal Building.
ITEM BACKGROUND: Lease term 1/1/00 through 12/3100, with 5 year option. Gulfstream has not occupied this rental
space, and has no objection to rescinding approval of the agreement.
PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement 2/16/00
STAFF RECOMMENDATION: Approval to rescind
TOTAL COST: N/A
BUDGETED: N/A
COST TO AIRPORT: N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: N/A
AMOUNT PER MONTHIYEAR:
APPROVED BY: County Attorney N/A
OMB/Purchasing N/A
Risk Management N/A
AIRPORT DIRECTOR APPROVAL
?J:H-
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
j-Cq
DISPOSITION:
/bev
APB
LEASE AGREEMENT
KWIA
This Agreement is made and entered into by MONROE COUNTY, a political subdivision
of the State of Florida. whose address is 5100 College Road, Stock Island, Key West, FL 33040,
hereafter County or Owner, and GULFSTREAM INTERNATIONAL AIRLINES, INC., whose address-
is 1815 Griffin Road. Ste. 400. Dania, FL 33004, hereafter Gulfstream or Tenant.
In consideration of the mutual promises and benefits described below, the parties
agree as follows:
1, The County hereby leases' to Gulfstream the following:
Room 207, upstairs in the Key West International Airport (KWIA) Terminal
Building, consisting of approximately 780 square feet (20' x 39') hereafter the
premises.
2. Gulfstream may only use the premises for office purposes. Gulfstream may not
suffer. permit or allow its employees. guests and invitees to smoke, cook, or sleep overnight
on the premises.
3. The term ot this lease is tor one year commencing on 1 / I / ~ 00.. . Iff'r- B C".
ar:1d ending on I :J./"31 / .2000. with an option for an additional five year term.
In .order to exercise its ';ption. Gutfstream must notify the County in writing at least 30 days
before the end of the initial one year term.
4. a) Rent is payable in advance. Rent during the initial one year term is
$12,027,60 ($15.42 per square foot per year) or $1,002.30 per month. If paid annually the
rent is due on or before the initial commencement date and, if the option is exercised, on or
before the anniversary of such date for each succeeding year. If paid monthly, the rent is
due in advance at least five days prior to the month for which the rent is paid.
b) If Gulfstream exercises its option to extend this lease for an additional
five year period, then the rent amount will be adjusted as required by the County's rate and
charges study in effect at the time the option is exercised.
c) Past due payments will accrue interest payable to the County and
calculated according to the rate s'et forth in Sec. 55.03, FS, for the year in which the rental
payment became past due.
5. a) The premises are leased in an as is condition. Gulfstream may, at its own
expense. make minor alterations to the premises such as painting, temporary partitions and
the installation of lighting fixtures. All such alterations must be approved in advance by the
Manager of KWIA.
b) Gulfstream is responsible for janitorial service for the premises and
routine maintenance such as the replacement of light bulbs and plumbing and electrical
repairs. Except as provided in paragraph 14. the County is responsible for major repairs to the
premIses.
6. a) During the term of this lease Gu/fstream must keep in full force and
effect the insurance described in Exhibit A. Exhibit A is attached to this lease and made a
part of it,
b) Gulfstream is liable for and must fully defend, release, discharge,
indemnify and hold harmless the County, the members of the County Commission, County
officers and employees, and County agents and contractors, from and against any and all
claims, demands, causes of action; losses, costs and expenses of whatever type _ including
investigation and witness costs and expenses and attorneys' fees and costs _ that arise out of
or are attributable to the Gulfstream's operations at premises excluding those claims,
demands. damages, liabilities, actions. causes of action, losses, costs and expenses that are.
the result of the sole negligence of the County.
The purchase of the insurance required by subparagraph 6(a) does not vitiate
Gulfstream's indemnification obligation under this subparagraph 6(b).
7. Gulfstream must, on the last day of the lease term, or earlier on termination or
abandonment, peaceably and quietly surrender and deliver the premises to the County.
Moveable fixtures and personal property that belongs to Gulfstream may be removed on or
prior to the end of the term or Upon termination. Moveable fixtures and personal property
left on the premises after the end of the term. or after the date of termination, will become
the property of the County without the need for any payment to Gulfstream. The County
may also remove such moveable fixtures and personal property and store them at the
expense and risk of loss to Gulfstream. If Gulfstream causes any damage to the premises
when it removes its moveable fixtures and personal property, it must promptly repair such
damage or pay the County the estimated cost of the repairs. The cost estimate will be
made by the County Engineer whose decision will be binding on Gulfstream. The obligation
of Gulfstream to pay for the damage repair costs survives the end or termination of this lease
agreement.
8. Gulfstream may not assign. pledge. mortgage or hypothecate this lease or any
interest that Gulfstream has under this lease without the permission of the County. Further,
Gulfstream may not sublease the premises or any portion of the premises without the
permission of the County. Any unauthorized pledge, mortgage, assignment, hypothecation
or sublease is void and operates to terminate this lease at'the option of the County.
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9. Gulfstream for itself. its 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 facilities,
(2) or in the contracting for improvements to the premises (3) that the Gulfstream 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.
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That in the event of breach of any af the above nondiscriminatian covenants, 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, Pari 21 are followed and completed including exercise or
expiration of appeal rights.
10, This lease and all provisions hereof are subject and subordinate to the terms
and conditions of the instruments and documenls 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. any existing or subsequent amendments thereto, and are subject to
any ordinances. ruies or regulations which have been or may hereafter be adopted by the
County pertaining to the Key West International Airport.
11. 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.
12. The County must maintain and provide access to the premises and furnish the
following utiiity services: electric, water, sewer, and solid waste collection, All
telecommunication services are the responsibility of Gulfstream.
13. The County may treat Gulfstream in default and terminate this lease if
Gulfstream fails to compiy with its obligations under this lease, Before the County may
terminate the lease under this paragraph, the County must give Gulfstream a written notice
of default specifying the event(s) of default and stating that. if the default is not cured within
ten days of Gulfstream's receipt of the written notice. then the County will terminate this
lease, If this lease is terminated because of the default of Gulfstream. then the County has a
lien upon the personal property of Gulfstream at the premises to secure the payment of any
rent unpaid at the time of default plus any interest on such rent that may have accrued.
14. If the premises are rendered unusable to Gulfstream for 90 days or more
through fire. storm, flooding, other acts of God. acts of a foreign country, or any action
underiaken by the government of the United States, then this lease will automatically
terminate with neither party under any furiher obligation, liability or duty to the of her (except
for Gulfstream's obligation to pay rent up to the date When the premises became
unusable). Gulfstream has no obligation to pay rent during the period when the premises
were unusable because of the events described in this paragraph. The repair or
reconstruction of the premises. if rendered unusable to Gulfstream by an event described in
this paragraph. is discretionary with the County and creates no obligation on the part of the
County to undertake such repair or reconstruction.
15. This lease is governed by the laws of the State of Florida and the United States.
Venue for any litigation arising under this lease must be in Monroe County, Florida. In the
event of litigation, the prevailing party is entitled to a reasonable fair market value attorney
fees and costs.
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16. This lease has been carefully reviewed by Gulfstream and the County.
Therefore, this lease is not to be construed against any party on the basis of authorship.
17. Nafices provided far in this iease, unless otherwise specified, must be sent by
certified mail. as follows:
TO COUNTY
KW/A Airport Manager
3491 S. Roosevelt Blvd.
Key West, FL 33040
TO AIRWAYS
GULFSTREAM INTERNATIONAL A/RWA YS, INC. ..
~~=t_~ 777 It/~€"A~'4J I/o S~. qQ
~ ~prings, FL 33266 1J;4,1U';Q R~ d'3tX::><1
) 8. This lease is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another written and signed agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
d'UlY~ci.uthor.j~~~d representative on the dates set forth below.
/''(S~AC}: .......:.~ BOARD OF COUNTY COMMISSIONERS
t. ." _ . .' '.' . .
\J.~~~J.:.';~..~~~~)( L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
;">:'~Y By cS~~
ATTEST:
By ~.-.y~
Title'?-. "'1. - '''~tc-Jcn-
Date 12..-'-0( &t
..
By
TItle
LINES, INC.
joirigulfair2
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EXHIBIT 'A'
INSURANCE REQUIREMENTS
-
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT \
BETIVEEN
MONROE COUNTY, FLORIDA ...
Al\1)
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 co\'erage is provided on a Claims Made policy, its
provisions should include co\'erage for claims filed on or after the effecti\'e date of this contract.
In addition, the period for which claims may be reported should extend f~r 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.
GLI
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