Item C28BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/2013 Division: County Administrator
Bulk Item: Yes Department: Airports
Staff Contact Person/Phone #: Peter Horton, 809-5200
AGENDA ITEM WORDING: Approval of Lease Buyout Agreement between the Marathon Flying Club and
Monroe County.
ITEM BACKGROUND: Eleven (11) Hangars on the NE area of the Florida Keys Marathon Airport are in the
Runway Protection Zone (RPZ). This agreement is for the first nine (9) of eleven (11) hangars. The FAA has
given us funds to buy out the leases and demolish the hangars.
PREVIOUS RELEVANT BOCC ACTION: FAA Grant ratified 10-17-2012.
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval.
TOTAL COST: $104,538.42 INDIRECT COST: NA
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: None
COST TO AIRPORT: $10% Match
COST TO PFC: None
BUDGETED: Yes
SOURCE OF FUNDS: FAA/Operating
REVENUE PRODUCING: Yes No AMOUNT PER YEAR: NA
APPROVED BY: County Attorney YZ'of B urchasing Risk Management
DOCUMENTATION: Included , Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: FAA Effective Date:
Expiration Date:
Contract Purpose/Description: Remove RW obstr/RPZ
Contract Manager: Peter Horton
(name)
for BOCC meeting on: 06/19/2013
Total Dollar Value of Contract: $
Budgeted? Yes
Grant: FAA
County Match:
Estimated Ongoing Costs:
(not included in dollar value above)
# 5200 Airports - Stop # 5
(Ext.) (Department/ Stop)
Agenda Deadline: 06/04/2013
CONTRACT COSTS
Current Year Portion:
Account Codes: 403-63586-530490-GAMA74
ADDITIONAL COSTS
For: .
(eq. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In
Needed Reviewer
Date Out
Yes No i
Airports Director
06/04/2013
( ) O
06/04/2013
Risk Management
/
to orton
r= B./Purchasing
/ /
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( ) ( }
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/_/_
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( )
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Cou y Attorne
Comments:
LEASE BUYOUT AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
MARATHON FLYING CLUB, INC.
THIS LEASE AGREEMENT made and entered into this 19`h day of June, 2013 by
and between Monroe County, a political subdivision of the State of Florida, whose address is
9400 Overseas Highway, Suite #200, Marathon, FL 33050, hereafter "County", and
Marathon Flying Club, Inc., a Florida corporation, whose address is PO Box 501514,
Marathon, FL 33050, hereafter "Tenant" or "Lessee".
WHEREAS, Lessee and County entered in to a Lease Agreement dated October 15,
1997, and;
WHEREAS, County desires to exercise its right to relocate Lessee's Hangar, and;
WHEREAS, County has offered and Lessee has agreed to a buyout of the remaining
term of Lessee's lease, and;
WHEREAS, County and Lessee have agreed to the terms for a new hangar lease at
the site where the hangars are being relocated
NOW, THEREFORE, the parties agree as follows:
1. TERMINATION OF AGREEMENT. The Lease Agreement dated October 15,
1997 between County and Lessee is hereby terminated with neither party having any further
duties, rights, obligations or liabilities from the terms and conditions thereunder.
2. CONSIDERATION. County shall pay Lessee $104,538.42 in accordance with
the terms of the June 19, 2013 Lease Agreement. Lessee agrees to accept this amount as
payment in full for the remaining term of the lease agreement between County and Lessee
dated October 15, 1997.
3. NO FURTHER OBLIGATION. County and Lessee agree that upon execution
of this agreement that neither party has any further duties, rights, obligations or liability
under the terms and conditions of the October 15, 1997 Lease Agreement.
11
IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of
, 2013.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
Clerk
WITNESSES:
Mayor/Chairperson
LESSEE: Marathon
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ASSISTANT CO
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Club, Inc.
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 parties
agreeing as follows:
The County hereby leases to the LESSEE a parcel of land located at the Marathon
Airport with a nine bay shade hangar. The land and hangar are depicted on Exhibits A qnd Al".
Those exhibits are attached and incorporated into this agreement. The land and hangar 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:
disrepair, a) the repair or replacement of the hangar roof, depending on the state of
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.
I
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
I
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.
assigns.
13. This lease is binding upon the parties, their successors, executors, administrators and
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:
I 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.
d
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
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.
IX_WITNESS WHEREOF, each
aL41r ' e ' i<' entative.
,11A``�
L. KOLHAGE, CLERK
party has caused this agreement to be executed by its duly
By
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BOARD OF COUNTY COMMISSIONERS
OF M NN OE UNTY
By
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MARATHON FLYING CLUB
APPROVED AS TO FORM
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DATE
EXHIBIT 'A - 1'
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EXHIBIT'B'
INSURANCE
MONROE COUNTYMONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL.
Indemnification and Hold Harmless,
for Airport/Airccaft'Activities`� :.
The Vendor covenants and agrees to indemnify and hold harmless 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 extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
ATR
100
GENERAL LIABILITY
INSURANCE REQUIREMENTS
CONTRACT FOR
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 follo Aing 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.
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LEASE
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THIS INDENTURE, made and entered into this 110th day of
November 1994, by and between MONROE COUNTY, a
Political subdivision of the State of Florida, hereinafter called
the Lessor, and MARATHON FLYING CLUB, whose address is P.O. Box
523148, Marathon Shores, Florida 33052-3148 hereinafter called
the Lessee.
W I T N E S S E T H;
That the Lessor by these presents leases unto said Lessee a
parcel of land at the Marathon Airport, Marathon, Monroe County,
Florida, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described lease unto the
Lessee for an initial term of five (5) years, from the date
hereof, with first option to renew this lease for an additional
term of five (5) years, under the same terms and conditions, upon
mutual agreement of the parties.
The Lessee hereby covenants and agrees to pay the Lessor
rent in the sum of Two Hundred Seventy and 72/100 Dollars
($270.72) per month, plus applicable sales tax of seven percent
M), for the use of said premises during the term of this lease,
said rent to be payable in advance on the 1st day of each month
during said term. The lease amount agreed to herein may be
adjusted annually in accordance with the percentage change in the
Consumer Price Index (CPI) for Wage Earners and Clerical Workers
in the Miami, Florida, area, and shall be based upon the annual
average CPI computation from January 1 through December 31 of the
previous year.
The Lessor hereby covenants and agrees with the Lessee as
follows:
1. The Lessee shall have the right to occupy an aircraft
shelter (14,107k total square feet) divided into nine (9)
individual bays as described in Exhibit B which is attached
hereto and made a part hereof. The premises leased hereunder
shall be used solely for the storage of aircraft. Any other use
of said premises shall be considered a material breach of this
lease.
2. The Lessee shall have reasonable ingress, egress and
access privileges to the leased premises.
3. 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.
4. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and the
title to the improvements on the leased premises shall revert to
the Lessor, should the Lessee fail to occupy 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.
6. Lessee shall, upon thirty (30) days written notice from
Lessor, move said shelter from said leased premises if the land
is required to accommodate airport improvements or safety clear-
ances or for any other reason as determined by the FAA or Lessor.
7.(a) Indemnification/Hold Harmless: Lessee covenants
and agrees to indemnify and hold harmless Lessor 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
Lessee utilizing 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 elsewhere within
this agreement.
7.(b) General Insurance Requirements: Prior to Lessee
taking possession of the property owned by the Lessor, Lessee
shall obtain, at his own expense, insurance as specified in the
attached schedules, which are made part of this lease agreement.
Lessee will not be permitted to occupy or use the leased
property until satisfactory evidence of the required insurance
has been furnished to the Lessor as specified below.
Lessee shall maintain the required insurance, throughout the
entire term of this lease agreement, and any extensions, as
specified in the attached schedules. Failure to comply with this
provision may result in the immediate termination of the lease
agreement and the return of all property owned by the Lessor.
Lessee shall provide, to the Lessor, as satisfactory
evidence of the required insurance, either:
* Certificate of Insurance
or
* A Certified copy of the actual insurance policy
The Lessor, 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 Lessor by the insurer.
The acceptance and/or approval of Lessee's insurance shall
not be construed as relieving Lessee from any liability or
obligation assumed under this contract or imposed by law.
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.
Any deviations from these General Insurance Requirements
miist be requested in writing on the County prepared form entitled
"Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
8. Upon expiration of the lease, the improvements shall
be removed by the Lessee or will thereafter become the property
of the County.
IN WITNESS WHEREOF,
presents to be executed
written.
the parties hereto have caused these
as of the day and year first above
(SEAL)
ATTEST: DANNY L.KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
MARATHON FLYI CLUB
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GENERAL LIABILITY
INSURANCE REQU1REME.NTS
C � -
CONTRACT FOR
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Cc icral Liability Insurance. Coverige shall be mnintained throughout the li(b 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 (CSI.)
If split limits are provided, the minimum limits acceptable shalt be:
$100,000 per Person
$300,000 per Occurrence
S 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the clIbctive 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 hnsul cd on all
policies issued to satisfy the above requirements.
AdminiAninv tretnjdkm CL I ,
N470.t 54
LEASE AGREEMENT
THIS INDENTURE, made and entered into this 10_ day
of A.D. 1988, by and between the County of
Monroe, State o Florida, a political subdivision of the State of
Florida, hereinafter called the Lessor, party of the first part,
and Marathon Flying Club of Monroe County, State of Florida,
whose address is 12411 Overseas Highway, Marathon, Florida 33050,
hereinafter called the Lessee, party of the second part.
W I T N E S S E T H:
That the Lessor by these presents leases unto said
Lessee a parcel of land at the Marathon Airport, Marathon, Monroe
County, Florida, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described leased premises
unto the Lessee for a term of two (2) years from the date hereof.
The Lessee hereby covenants and agrees to pay the
Lessor rent in the sum of Two Hundred Sixty-five and 61/100
Dollars ($265.61) per month (.217 per year per sq. ft.), plus
applicable sales tax, for the use of said premises during the
term of this lease, said rent to be payable in advance on the 1st
day of each month during said term.
The Lessor hereby covenants and agrees with the Lessee
as follows:
1. The Lessee shall have the right to occupy an
aircraft shelter divided into nine (9) individual bays as
described in Exhibit B which is attached hereto and made a part
hereof.
2. The Lessee shall have the reasonable ingress,
egress and access privileges to the lease premises.
3. 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.
4. This lease shall be binding upon the parties
hereto, their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and
the title to the improvements on the lease premises shall revert
to the Lessor, should the Lessee fail to occupy or evidence that
the premises are not abandoned for a continuous period of any six
(6) months during the term of this lease, notwithstanding
anything contained in Paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice
from Lessor, move said shelter from said leased premises if the
land is required to accommodate airport improvements or safety
clearance or for any other reason as determined by the FAA and
Lessor.
7. In the event said shelter is required to be moved
as determined above, the leasehold will be transferred to an
alternate site of comparable area and accessibility on the
airport, if available. Federal, state and local government
funding shall be used to the maximum extent to finance such a
move.
8. Lessee shall have in force liability insurance in
the amount of at least $300,000 with the Lessor co-insured.
9. At the expiration of this lease, Lessee shall have
the option to renew this lease for an additional two (2) year
period subject to a review of the terms by the Lessor.
IN WITNESS WHEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of the second part has signed these presents, in triplicate, all
as of the day and year first above written.
(SEAL)
AttestDANW L KOLHAGE, Clerk
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COUNTY OF MONROE,
STATE OF FLORIDA
By:
Mayor/Chairman of t e oar
of County Commissioners of
Monroe County, Florida
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MARATHON FLYING CLUB
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Dirvvtor of Airports
RESOLUTION 110. 062 -1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF P[ONROF COUNTY, PLORIDA,
AUTHORIZING THE. MAYOR ANV CHAIRMAV OF THE
BOARD TO APPROVE': AND EXECUTE A LEASE
AGREEMENT BY AND BETWEEN THE COUNTY OF
tIONROE, FLORIDA AND MARATHON FLYING CLUB
CONCERNING AIRCRAFT SHFI.TF.R SPACE AT THE
MARATHON AIRPORT.
TIE 'T PFSOI_VED 1?Y ILE BOARD ('F COUNTY COMP"ISSYONERS OF
MONnOF ^OUNTY. FLORTDA, ?-l..:s' said _�;na:-d hereby approves and
author! 7ec the Mayor and Chairman r f said Roard to o,,ecute a
Leasc Agroenenr h- :cud between. the t'.cxmry of Monroe, Florida and
T•lar.,thon Flv4_ng Club, a cop., of same being Ettached hereto,
concerning aircraft SheitCr Sp=jCe ;It the Marathon kirport.
PPSPFD AN') ADOFTED by t[?e DCAT-e r.f County Commi.;sioners of
YcMroe COuuty, , Flori d.3, ill J Ce�;ll1+;T' it`l'::LL??g ,.aid Boazd held
on the _ ue.y of ,til, i A.D. 198c .
HOARD OF LOi'N'I'Y COMMISSIONERS
jI•' MONROE COUNTY, FLORIOA
_Ray ,r/ airman
ISual)
Attest:DViNT I.. __..Li!.''-
LEA S E AGREEMENT
THIS INDENTURE, made and entered into this /nth day
of 10ar r- A , A.D. 1986, by and between the County of
Monroe, State of Florida, a political subdivision of the State of
Florida, hereinafter called the Lessor, party of the first part,
and Marathon Flying Club of Monroe County, State of Florida,
whose address is 12411 Overseas Highway, Marathon, Florida 33050,
hereinafter called the Lessee, party of the second part.
W I T N E S S E T H:
That the Lessor by these presents leases unto said
Lessee a parcel of land at the Marathon Airport, Marathon, Monroe
County, Florida, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof.
TO HAVE AND TO HOLD the above -described leased premises
unto the Lessee for a term of two (2) years from the date hereof.
The Lessee hereby covenants and agrees to pay the
Lessor rent in the sum of Two Hundred Sixty-five and 61/100
Dollars ($265.61) per month (.217 per year per sq. ft.), plus
applicable sales tax, for the use of said premises during the
term of this lease, said rent to be payable in advance on the 1st
day of each month during said term.
The Lessor hereby covenants and agrees with the Lessee
as follows:
1. The Lessee shall have the right to occupy an
aircraft shelter divided into nine (9) individual bays as
described in Exhibit B which is attached hereto and made a part
hereof.
2. The Lessee shall have the reasonable ingress,
egress and access privileges to the lease premises.
3. 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.
4. This lease shall be binding upon the parties
hereto, their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and
the title to the improvements on the lease premises shall revert
to the Lessor, should the Lessee fail to occupy or evidence that
the premises are not abandoned for a continuous period of any six
(6) months during the term of this lease, notwithstanding
anything contained in Paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice
from Lessor, move said shelter from said leased premises if the
land is required to accommodate airport improvements or safety
clearance or for any other reason as determined by the FAA and
Lessor.
7. In the event said shelter is required to be moved
as determined above, the leasehold will be transferred to an
alternate site of comparable area and accessibility on the
airport, if available. Federal, state and local government
funding shall be used to the maximum extent to finance such a
move.
8. Lessee shall have in force liability insurance in
the amount of at least $300,000 with the Lessor co-insured.
9. At the expiration of this lease, Lessee shall have
the option to renew this lease for an additional two (2) year
period subject to a review of the terms by the Lessor.
IN WITNESS WHEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of the second part has signed these presents, in triplicate, all
as of the day and year first above written.
(SEAL)
Attest: DMZ' L. KOLHAGE, Clerk
Cleric
COUNTY OF MONROE,
STATE OF FLORIDA
By:
ayor a rman o t e oar
of County Commissioners of
Monroe County, Florida
2
i
MARATHON FLYING CLUB
By: `
APPRgqD AS r0 mpm
A AC Suma, ,/:YA
BY •C..�...i
Attorneys not,
I
02
ki
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into as of the
10 day of Auquet , A.D. 1976, by and between MONROE
COUNTY, FLORIDA, a political subdivision of the State of Florida,
as Lessor, sometimes hereinafter referred to as the "County", and
MARATHON FLYING CLUB, INC., a Florida corporation, hereinafter
referred to as the "Lessee",
W I T N E S S E T H:
WHEREAS, the said MARATHON FLYING CLUB, INC., has requested
Monroe County, Florida, to furnish certain land at the Marathon
Airport, Marathon, Monroe County, Florida, for the purpose of
erecting a private hangar or hangars, now, therefore, the County
by these presents does hereby lease and grant unto the Lessee the
following described property, to -wit:
A tract of land on the MARATHON AIRSTRIP at Key
Vaca, Monroe County, Florida, and being more
particularly described by metes and bounds as
follows:
Commencing at the Northwest Corner of "INDUSTRIAL
SUBDIVISION", as recorded in Plat Book 3, Page 132
of the Public Records of Monroe County, Florida,
bear South 22 degrees and 09 minutes East, along
the West Line of "INDUSTRIAL SUBDIVISION", 150
feet; thence bear South 67 degrees and 51 minutes
West, 435.6 feet to the POINT OF BEGINNING of the
tract of land hereinafter described, said POINT
OF BEGINNING being the Northwest Corner of that
tract of land leased to D. R. Gaines; from said
POINT OF BEGINNING 51 minutes West, 435.6 feet;
thence bear South 22 degrees and 09 minutes East,
100 feet; thence bear North 67 degrees and 51 min-
utes East, 435.6 feet to the Southwest Corner of
the tract of land leased to D. R. Gaines; thence
bear North 22 degrees and 09 minutes West, 100
feet, back to the POINT OF BEGINNING, containing
1.0 acres.
ARTICLE I. This Agreement shall be for a term of three
(3) years, and shall become effective on the 1st day of September,
1976, and shall terminate on the 31st day of August, 1979, unless
sooner terminated in accordance with covenants contained herein.
r _r
-2-
ARTICLE II. The Lessee shall pay to the County as annual
rental the sum of $548.00, which said sum shall be payable annually,
in advance. In addition to said rental, Lessee covenants and
agrees with the County to pay State Rental Tax.
ARTICLE III. The Lessee hereby agrees to use said leased
premises only for the erection of a private hangar or hangars, and
shall have the right to erect, at its own expense, one or more
hangars upon said premises, with the privilege of removing same
from the leased premises at the termination of this lease, or any
renewal thereof. However, prior to the erection of any hangar or
hangars upon said leased premises, the Lessee shall submit to the
County the plans for the type of hangar intended to be erected,
and the design of said hangar must be approved by the County prior
to the erection thereof.
ARTICLE IV. The Lessee agrees not to conduct, nor allow
to be conducted on the leased premises, any business ventures,
enterprises or activities, including, but not limited to, the sale
of gasoline, oil, airplane parts, or any other goods and/or ser-
vices, and covenants that it will not conduct any repair services,
except that it shall have the right to repair its own private
planes, and further, shall not engage in any businesses or activ-
ities authorized under any leases made by Monroe County to fixed
base operators at said Airport, nor shall it engage in any auto-
mobile rental services of any nature whatsoever.
ARTICLE V. Lessee agrees to take out the necessary public
liability insurance to hold the County harmless from any liability
as a result of any acts of omission or commission of the Lessee,
or agents, servants, employees or independent contractors of the
Lessee, or for any condition resulting from the operations or activ-
ities of the Lessee, his agents, servants, employees or independent
contractors, or any other Lessee or person, their agents, servants,
employees or independent contractors, anything in this Lease to
the contrary notwithstanding.
MM
ARTICLE X. The Lessee agrees that without prior written
permission of the County, no excavation of any of the leased lands
shall be made and that no soil or earth shall be removed from said
premises.
ARTICLE XI. Lessee agrees that it will keep the leased
premises and any buildings that may be erected thereon at all
times free and clear of any and all liens in anywise arising out
of the activities or use thereof by Lessee, provided however, the
Lessee may in good faith contest the validity of any lien.
ARTICLE XII. The Lessee acknowledges and agrees that it
has examined the premises, and is fully advised of the condition
and location thereof, and the limitations and restrictions placed
on any building, structure or other object as to height, due to the
proximity of the landing and takeoff areas of the Airport. Lessee
further agrees to abide by and observe all such restrictions and
limitations, and agrees that the observance of such limitations and
restrictions, whether by municipal, county, state or federal govern-
mental authority, shall not in anywise affect the Lessee's obliga-
tions under this Lease.
ARTICLE XIII. In addition to the acts of default else-
where defined, the commission of any of the following acts by the
Lessee shall constitute a default, and this Lease may be terminated
by the County immediately upon notice in writing to the Lessee:
Abandon, desert, vacate or discontinue operations on the premises
or petition for any bankruptcy or insolvency, or be adjudicated
bankrupt, or make a general assignment for the benefit of creditors,
or suffer a lien to be filed against the premises, or permit a re-
ceiver or trustee to come into possession without removing them
within a reasonable time.
ARTICLE XIV. This Lease is made on the condition that
the Lessee shall perform all the covenants and agreements herein
set forth to be performed by it. If at any time there be default
on the part of the Lessee in the payment of rent, assessments or
other charges and payments by it to be made, and if such default
-3-
The County shall not be responsible for the loss or de-
struction of personal property or personal effects of persons or
companies, or for loss, destruction or injury to equipment or
other property of any nature or type whatsoever, unless same is
caused by the sole negligence or willful act of the County, its
agents, servants or employees.
ARTICLE VI. The Lessee shall not assign this Lease,
either as an absolute transfer of its title or interest therein or
hereto, or as security for a loan, or sublet the premises, or any
part thereof, nor use the same or any part thereof, nor permit the
same or any part thereof to be used for any other purpose than as
set forth herein, without prior approval by the Lessee.
ARTICLE VII. The County, by and through its duly authorized
representatives, shall at all reasonable times have free access to
the premises and the buildings situated thereon, for the purpose of
examining or inspecting the same, and for all other lawful and
reasonable purposes.
ARTICLE VIII. Lessee agrees, promptly upon the termina-
tion of this Lease by lapse of time or otherwise, that it will at
once peacefully surrender and deliver possession to the County of
all lands hereby leased, in as good a condition as they were when
leased to it.
ARTICLE IX. The Lessee further agrees that all areas of
the leased premises not paved shall be maintained by it in a neat
condition, and that grassed areas shall be mowed regularly and
shrubs will be trimmed so as to maintain the premises in a clean
and attractive condition. Any areas not grassed or paved shall
be stabilized by the Lessee, and the leased premises shall be so
utilized that use of the premises will not cause dust, debris or
waste to be blown about or raised so as to interfere with or dis-
turb the use or enjoyment of any adjacent or adjoining premises.
Further, that the Lessee shall keep and maintain the leased prem-
ises and any buildings that may be erected thereon in a neat and
clean condition.
-5-
shall continue for a period of five (5) days after notice by the
County, or if there shall be default on the part of the Lessee in
the performance or observance of any of the covenants or agree-
ments hereof by it to be observed or performed, and such default
shall continue for a period of fifteen (15) days after written
notice of such default being given by the County to the Lessee,
then this Lease shall be terminated, and the County shall at any
time thereafter, without demand or notice (which is hereby waived
by the Lessee) have full right at its election to enter upon the
demised premises and take immediate possession thereof, and all
improvements made on said premises shall be forfeited to the County
without compensation therefor to the Lessee. In addition, in the
case of a breach by Lessee of any of the covenants or agreements
herein contained for any reasons whatsoever, including, but not
limited to, the discontinuation of business on the premises, bank-
ruptcy, insolvency or assignment for the benefit of creditors, the
balance of the rental moneys for the entire term of this Lease
shall be considered at once due and payable, without notice of
demand on the part of the County.
ARTICLE XV. The Lessee shall have the option to renew
this Lease for an additional period of three (3) years, upon the
termination hereof, on terms and conditions to be mutually agreed
upon at the time of renewal, provided the Lessee gives at least
ninety (90) days notice in writing to the County of its intention
to exercise said option, prior to the time of expiration of this
Lease.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed, all as of the day and year first above
written.
MONROE CO TY, ORIDA
By
Maydir an airman o t e oar
Of County Commissioners
/Attest•
er t e rcu t ourt o nroe
County, Florida, and ex officio Clerk
of the Board of County Commissioners
of Monroe County, Florida.
(Seal)
Attest:
Secretary
S:i
MARATHON FLYING CLUB, INC.
By ( 'I �
r al ent
(Seal)