Item O5
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BOARD OF COU~Y COMMISSIONERS
AGENDA ITEM SUMMARY
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Meeting Date: December 18. 2002 Division: BOCC
Bulk Item: Yes - No XX Department: Commissioner David P. Rice
AGENDA ITEM WORDING: Approval and authorizing execution of a Lease Agreement
between Monroe County and Hangers On, Inc. for four (4) shade hangars located on the
northeast side of the Marathon Airport property, contingent upon current litigation being
withdrawn.
ITEM BACKGROUND:
PREVIOUS REVELANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: BUDGETED: Yes - No XX
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COST TO COUNTY:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH - Year
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APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL: D.P. ~~
Commissioner David P. Rice, District 4
DOCUMENTATION: Included XX To Follow Not Required _
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DISPOSITION: AGENDAITEM#~
Revised 2/27/0 I
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HANGAR LEASE AGRE~MENT r
Hangars On, Inc.
THIS LEASE AGREEMENT is made by and between Monroe County, a political
subdivision of the State of Florida, whose address is 490 63rcl Streett Marathon,
FL 33050, hereafter County, and Hangars On, Inc., a Florida corporation, whose address is
PO Box 500802, Marathon, FL 33050, hereafter Tenant Or lessee.
WIT N E S SET H:
1. The parties mutually agree to cancel their Lease Agreement effective June
18, 1997, with neither party having any further duty, obligation or liability to the other
under the terms of that 1997 lease. A copy of the 1997 lease is attached to this lease as
Exhibit A. The Lessee further agrees to dismiss with prejudice a lawsuit captioned
Hangars On, Inc. v. Board of County Commissioners, Monroe COunty, Florida, Case No.
CA-K-Ol-1135. A copy of the complaint in Hangars On. Inc. v. Board of County
Commissioners. Monroe County, Florida, is attached to this lease as Exhibit B. In
consideration of the lessee's consent to the cancellation of the 1997 lease and the
dismissal with prejudice of Hangars On, Inc. v. Board of County Commissioners. Monroe
Countv. Florida, the County shall, within 15 days of the Lessee's filing with the Circuit
Court a dismissal with prejudice of Hangars On. Inc. v. Board of County Commissioners,
Monroe County. Florida. make a one time payment to Lessee of $134,000.
2. a) The County hereby leases to the lessee certain property in the
northeast corner of the Marathon Airport more particularly described in Exhibit C,
which is attached to, and made a part of, this lease, hereafter the Premises.
b) The County, at its expense, and as promptly and expeditiously as
possible, shall relocate the four existing hangars, previously leased to the Lessee
pursuant to the 1997 lease, to the Premises. The Lessee agrees to accept the
hangars in their as-is condition. The four relocated hangars must be placed on a
concrete slab or slabs and the County must also, at its expense, install electrical
and water service to the Premises. The County will relocate to the Premises
Lessee's electric meter, and will provide a water spigot at the Premises. Additional
meters and outlets, together with applicable utility connection or impact fees for
such additional meters and outlets, are at the Lessee's expense. Lessee sha II be
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responsible for paying the electrical and water service charges. The hangars at all ;t
times during this lease are and remain the property of the County.
c) The County must provide the lessee (and its sublessees) access to
the premises and egress to the taxiway.
3. This lease will take effect on the date of the signature of the last party to
sign this lease. The term of the lease Is 15 years; provided, however, the term will not
commence until the four hangars are relocated with the utility connections installed as
provided in paragraph two. This lease, at the option of the lessee, may be extended for
an additional ten year term. However, if so extended, the rental payments provided for in
paragraph 4, will be readjusted according to the most recent County rates and charges
study then available and will thereafter be subject to the CPI provided for in paragraph 4.
4. a) The initial rent for the Premises is $500 per month, payable in
advance on or before the first business day of each month. The rent will be
adjusted annually beginning with the first anniversary of the commencement of the
lease term, and at every anniversary thereafter, by a percentage equal to the CPI
percentage for urban consumers for the calendar year immediately preceding the
anniversary date.
b) lessee may sublease any of the hangars without permission of the
County. However, the lessee must furnish the County's Marathon Airport Director
a copy of the sublease immediately upon its execution together with a description
of the plane using the hangar and persons authorized to use such plane. If the
sublessee's hangar rent is in excess of 125% of the rent paid by lessee to the
County under this lease, then the Lessee shall pay to the County one-half of the
amount by which sublessee's rent exceeds 125% of the rent paid by Lessee for the
subleased hangar(s). For the purposes of this sub-paragraph, each hangar shall
be allocated 1/4 of the rent for the Premises. The County's share of such sublease
rental amounts is payable to County at the same time the Lessee's rent is due
pursuant to this paragraph.
c) Lessee's sublease of any of its hangars does not in any way operate to
waive or release the Lessee from any of its duties and obligations under this lease
and Lessee shall remain fully bound by the terms of this lease as jf no sublease
existed.
d) Lessee is responsible for all sales or use taxes that may be due for
rent paid pursuant to this lease and any sublessees.
e) After the first anniversary of this Lease, when a potential purchaser
offers to purchase some Or all of the shares of Lessee's stock, then the lessee must
so notify County, which will have 30 days from receipt of written notification to
exercise a right of first refusal to acquire those shares at the same purchase price
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as that offered by the potential purchaser. Upon its exercise of the right of first - -
refusal, the County will receive, in lieu of the purchased stock certificate, the
surrender of one hangar for each 25% of lessee's stock that it purchases. After
such surrender the County may lease such surrendered hangar(s) and
corresponding portion of the premises to third persons free and clear of any claims
of Lessee, and the rent for the remaining portion of the Premises shall be reduced
pro rata. lessee may override County's exercise of its right of first refusal by
paying to County one-half of the purchase price.
5. The lessee agrees not to cause or permit any lien, mortgage or other
encumbrance to be placed on the premises hangars included. If such occurs, the lessee
must immediately undertake, at its expense, whatever actions needed to remove and
cancel the lien, mortgage or other encumbrance.
6. The Lessee is responsible for normal and routine maintenance of the
hangars, and shall surrender the hangar, at the conclusion of the lease, in good condition,
If during the term of this lease one or more of the hangars is damaged or destroyed by an
act of God, then the County must promptly, and at no cost to the lessee, repair or
reconstruct the hangar(s). The repair or reconstruction must be made with the same
quality materials and in the same dimensions as the damaged or destroyed hangar(s).
7. Without regard to the effective date of the term of this lease, the lessee
may not occupy the premises until it has obtained the Insurance required by Exhibit 0 and
produced adequate proof of such Insurance to the County's Director of Risk Management.
Exhibit D is attached to this lease and made a part of it. Should the lessee require hangar
tenants at the Marathon Airport to increase the minimum required amount of insurance,
such additional insurance requirement will be passed on the lessee, Hangars On, Inc.
However, any such increase must be in the same proportion as required of the other
hangar tenants of the Marathon Airport at that time.
8. The Lessee covenants and agrees to indemnify and hold harmless the
County, its officers, employees, and contractors, from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by the
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County) and any other losses, damages and expenses (including attorney's fees) which J
arise out of, in connection with, or by reason of services provided by the Lessee or any of
its contractors, occasioned by the negligence, errors or other wrongful act or omission of
the Lessee or its contractor( s), their employees or agents. This obligation of
indemnification is not vitiated by the insurance obligations contained In paragraph 6 and
ExhIbit O.
9. No modification(s) to the hangar facilities may be made until the
modification(s) are approved by the County's Marathon Airport Manager.
10. The hangar facilities may only be used for the following:
a) the housing of airplanes not used in commercial service;
b) the providing of care, repair and maintenance of only those airplanes
housed long-term at the hangar facilities;
c) the temporary parking of automobiles.
No other use of the hangar facilities may be undertaken by the lessee without the
prior written approval of the County without limiting the foregoing, the Premises may not
be used in competition with any service offered for a fee by a Marathon Airport FBO, other
than the rental of hangar space;
11. No improper, unlawful or offensive use may be made of the premises and
hangars.
12. The Lessee agrees that the terms of this lease are SUbject to the FAA
regulations attached as Exhibit E and made a part of this lease. lessee agrees not to
commit any act or omission that would constitute a violation of those FAA regulations.
13. 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 ~his
agreement are nonexclusive and the County reserves the right to grant similar privileges
to another lessee or other lessees on other parts of the Marathon Airport.
14. At the expiration of the term of the lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises to the County.
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15. This lease may be canceled at the discretion of the County in the following ,.
circumstances:
a) Lessee falls to timely pay the rent;
b) Lessee fails to obtain the insurance required under thiS lease or
allows the required insurance coverage to lapse or fall below the minimum
required; or
c) Lessee otherwise breaches the terms of this lease.
In the case of the default/breach occurrences described in subparagraphs lS(a) and
(c), the County's Marathon Airport Director shall first give the lessee a written notification
stating the default/breach and that the Lessee -has 10 days to correct the default/breach.
If the Lessee has not corrected the default/breach at the end of the 10 days, then the
County may cancel the lease in its discretion.
16. The Lessee, on keeping the covenants and obligations contained in this lease
has the Quiet and peaceful enjoyment of the premises and hangars during the term of this
lease without any interruptions by the County or by any person(s) claiming through or
under the County.
17. All written communication between the parties, including the payment of
rent, shall be addressed to:
(:ounty Lessee
Reggie Paros Hangars On, Inc.
490 63fd Street PO Box 500802
Marathon, FL 33050 Marathon, FL 33050
Either party may change their representative contacts with a written notice of such
change.
18. Venue for any litigation ar.ising under this lease must be in a court of
competent jurisdiction in Monroe County unless an applicable federal law or regulation
provides otherwise. In the event of litigation the prevailing party is entitled to a
reasonable market value attorney's fee.
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19. This lease Is between the County and the Lessee only. Nothing In this lease .i""
may create a contractual relationship with, or any rights in favor of, any third party.
20. This lease has been carefully reviewed by both the Lessee and the Lessor.
Therefore, this lease is not to be construed against any party on the basis of authorship.
21. This lease represents the parties' final and mutual understanding. It
replaces any earlier agreements or understandings, whether written or oral. This lease
cannot be modified or replaced except by another signed lease or lease amendment.
22. Nothing in this lease should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this lease does not waive
another breach of that or any other obligation.
23. This lease takes effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF each party hereto has caused this agreement to be execute
din duplicate by its dUly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNlY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Date
(CORPORATE SEAL)
ATTEST: HANGARS ON, INC.
By By
Secretary President
Date
JairHangarsOn2
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. lEASE AGREEMENI . ~:
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THIS AGREEMENT b made by and between Monroe County. a pa/lnca/ 'ubdMllan or the
Stale 01 FloI1da. who.e add",.. II 500 WMehead Slreel. key W8lI. Fiomla 33O.co. h_offer
LOller. and Hang.... On, Inc. a FIortdci Corp_,ion. whaq addr... Is 7VOO GUIIstreCllll Blvd.
Marathon. FL 33050. hereafter Lesseo crTenanf.
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WITNESSE:1H: -
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I.) Th. parllel mutually agree 10 cancol and re.clnd their leaao Agreement .nleNd Inlo
an September ~,. 1995. wllh neither party OWIng any lurther duty or Obllgallon ta th. alher
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under the terms of that 1995 Agreement. . .~~
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II.) 1. When the Iterns desCrfb~d In paragraph '" are complefed. then the Lessor teares ~~.
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to Ihe LBI.ee a Parcel 01 land. and the Improvements an lhe land. alth. Marathon A/lpott.
MOIOthon. Monro. County. Florida. th. pareel mea"",,,,, 4.980 .quare leel. hereafter the
I.aled premise. or the premls... a..hown an Exhlblt A rpreperly map). Exhlbli A Is attached ta
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this Agreement and made CI part of It. .
2. The term 6f thIs I.Clse Is twenty (20) Years, beginning on the day att.,. the daft th.
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capnallmprovemenfs deScribed In paragraph III are complefed. ;~
3.' The shad. hangal1 located on the leased premIse. descrrbed In exhibit A wm
belfome Ihe property al the 101ler ImlT18dlafely upon Ihe """'e.' -CYIIon 011"" Agreement.
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... The Lessor grants fo the Lessee a Ireens. ot k.ep Ita airplane. at the premise.'
hangar lacllllv In existence on Ihe eflacnv. dote 01 thk Agreement WhIle. the caPItal
Iml'R>v.menl construction p/oCellls ongoing. The LOllar may I'8q\IIre the L..... to meve'" ..\
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alrplan.. when the alrplan.,' prelence WO~d Inlert_ wtth construction. The rcense begIns
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on the .ffectlv. dete oIlhls Agreemenl and ends wh.n th. caplfallmP/OVements required by
paragraph III are completed ana the lease begins. The re.trlctlons on the Less..'s us. of the
hangar 'ac/Une. 'el forth In pel'Qgraph IV also apply 10 Ihe Le...." lISe ollhe foelllne. under
the license granted In this subparagraph.
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, /t-lTY 'ATTORNEY* TEL:305-292-3516 Jun 03.97 14:17 No.OOS P.03
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Ill.) The Lessor must make the followlng capital Improvements to the leasehold: A
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\.) Complete ihe elecirlcal work described Tn Monroe County buDding permit No. 96-
2.f3 16;
2.) Enclose the hangars In order to provIde four Independent hangQl' bays with four
electric zero tolerance high fold doors on the south side and four access doon on the north
side with the option for access doors /n the high fold doors at the less..'. expense. In
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enclosIng the hangars, the hangar facility floor space must remain as defined by the outside of
the four vertical support posts In exlstence on the .ffectlve dote of this Agreement.
3.) Constrvct the pavement necessary for Ingress and egress to the hangar fa<;lDty
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and the pavement necessary to connect the hangar facility to the main taxl-way of the
AIrport: '.
".) Install one water line and one meter to the stNcture and InstaR four hose bibs
(one per hangar bay)., . .
IV.) The Lessee Is responsible for normal and routine maintenance of the hangar facillt/e..
not to Include hangar faolllty repairs or repairs to the surrounding area. If during the term of
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this lease the hangar facUlty Is damaged or destroyed. then the lessor mUlt promptly. and at
no cost to the Less... repair or r.construct the hangar facility. Th. repair or reconstruction
must be made with the some quality mot.rlals and In the some dImensions os the domaged or
destroyed hangar facility.
V.) The Lessee hereby covenants and agre.tto pay the Lessor rent In the amount of 30~
per square foot per year for the leased area for" 0 totol annuol rent of $'.494.00. The rent /s
payable on a monthly basI.. In advance. In the amount of $12...50. The Lessee may elect to
pay the annual amount. In advance, as a lump sum. The lessee Is also responsible for ell sale.
taxes. Th, rent agreed to In this paragraph wnl be adjusted annuallV In accordance with the
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percentage change In the ConlUlner Price Ind:X ICPlllo, wage earni ;')}erical wark~
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*COUNT-Y-ATTORNEV* TEL:30S-292-3S16 Jun 03.97 14:20 No.OOS P.04
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the Miami/Ft. Lauderdale. Florlda area. and will b. based on the annual average CPI ...
computation from January 1 to December 31 of the prior year. Th. partie. agr.. that the only
additIonal cost not Included above Is a potential Increase In the amount of Insuranc.
coverage required by the lessee. Should the Lessor require Oil tenants of the airport. tor Oood
. cause, to Increase the amount of Insurance required by the County. auch an addltfonal
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Insurance requirement will be passed on to the Lessee. Hangars On, Inc. Any Ivch IncreClle wlU
be In the same pf'O rata proportion as to the other tenants of the Marathon Alrport at that time.
VI.' The lessor hereby covenanis and agre., wIth the Lessee as follows: ..
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1.' The lessee hcu the right to occupy the Ilosed pramlses.
2., The lenee has reasonable l'loress. egress and access to the leased premlae..
3.) The Lessee may only sublease the premises for longer than six months. or aulgn Ita
leasehold. with the approvat 01 the Lessor's Board of County CommIssioners. whose approval
may not be unreasonably withheld. The lessee may .vblease the hangar facllitle. for six
months or less without Lessor'. Boord of County CommissIoners' approval. but ,ubJect to
notifying the Lessor's Marafhon Airport Manager as provIded In subparagraph VilIS).
".) The lessee. on keeping the covenants and obligatIons contained In tnll
Agreement, has the quiet and peaceful enjoyment of the leased preml$es during the term of
this lease without any Interruptions by the Leuor or by any person(s) clalmlng throvgh or under
the lessor.
VII.) The Lessee hereby covenants wlth the leSlo~ "
l.J To pay the lessor the rent at the times and In tha manner provided for by thIs
loose.
2.) No mortgage. II.n. or encumbrance of any Idnd may be placed on the leosed
premIses. Including the hangar toeblt/es.
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<caUN1Y .ATTORNEY* TEL:30S-292-3S16 Jun 03.97 14:20 No.OOS P.OS
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3.) No modlflcatlon(s) to the hong or facllltle. may be made until the mOditlcatlon(sJ _.
are approved by the Lessor's Marathon Airport Manager.
4.) The hangar foell/ties may only be used for the fonowlng:
a.) The housing of alrplan.s not used In commercIal lervlce or otherwise used
In competition with any servlc. offertd for a fe. by the Marafhon Airporf
fBO. other than the rental of hangar space:
b.J The providing of care. repair and maintenance of only those airplane.
<loused at the hangar faelfitles. No other ule of the hongar faelOtl.. may b.
undertak.n by the Lessee without the approval of the L.ssor'. Board of
County Commissioners:
c.) The temporary parking of automobiles. I I
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S.) The Lessee wUl provld. the Lessor's Marathon Airport Manag.r wIth a list of the
hangar faclllty occupants. and their aircraft, that are approved by the Less..., An updat.d Itst
must be provIded the Airport Manager withIn five (5) days from when an Occupant or aircraft I,
changed. .
6.) No Improper or unlawful or offensIve use may b. made of the leased premlaes.
7.) Lessee must permit the Lessor or Its egents to Inspect the leased premise. at ell
reasonable times for the purpose 01 viewing the condition of. the premIse..
a.) The lessee muJt obtain and pay for water and ellctrlcalservlce. to the prernlJes
In Its own name.
9.) The lessee covenonts and agrees to Indemnify and hold harmless the leuor from
any and ell claims for bodlly injury (Including death). personal InJury. and property damage
(Including property owned by Monroe County) and. any ~ther losse.. damages and expens.s
(Including attomey's feesj which arise out of. In connection with. or by reason of .ervlces
provided by the leuee or any of Its contractors. occasioned by the negligence. ecroll or other
wrongful oct or omission of the Lessee or its contractor(s,. their employe.. or agen... This
obligation 01 Indemnification Is not vitiated by the Insurance Obligations contolned In
paragraph 10 ana ExhibIt B. ~ jjJ..~
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10.) Regardless of the effective date of this Agreement. the lessee may not OCcupy'"
the premises. under either the lIeeNe or the lease. until It has obtained the Insurance required
by exhibit 8 and produced adequate proof of such lnIurance to the County'. Director of Risk
Management. exhibit 81. attached to this lease agreement and made port of It.
11.) At the expiration of the term of the lease, the Leu.. wiD quietly and peaceablY
deliver up possessIon of the leased premises to the lessor.
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VIII.) 1.J Thlllease may be canceled at the discretion of the lessor If:
a.) lessee falls to tImely pay the rent: '.
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b.) lessee falls to obtain the Insurance requtred under this Agreement wIthin
thirty (301 daYI of the effectlve dote of this Agreement" or allows the
required Insurance coverage to lapse or fall below the minimum required;
or
c.) Lessee otherwise breaches the terms of this lease agreement.
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2.) The Lessor may also caneel this lease If the leased premises QAt required to
accommodate future development at the Marathon AIrport or for any other realon
determined by the FAA or the Lessor, LeIS or. If It determines to cancel the Iaase under thl.
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paragraph, must provide the Lessee with thirty (30) days written notIce before the cancellatIon
becomes effective. Lessee must then abandon and quietly and peaceably deUver up the
possession of the leased premises. If lessor cancels the tease C1gr.ement under this paragraph.
lessor wlll not be liable to lessee for ,any domages - direct or consequential _ suffered by the
less.e as the result of the cancellatlon.l!!.owevor, If the Lessor ex.rels.. Ita right to concel the
lease under thts subparagraph. the Lessor must provide- the Less.e with subllltuta hangar
facllltle5 that are sImilar to the facilities furnished under thlllease, 5~DA"O pAAA9V4.f>~
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IX.) The tenant for himself. hIs (:)8I'$0nal representatives, successors In Interelt, and assigns,
as part ot the consideration hereof, does hereby covenant and agree that: (1) "q person on
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the grounds of race. co/or. or natlonol origIn ~II be excludecl from P<I1Ic1PCl~~ denied
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the beneflb of. or be otherwise subjected to d1scr1mlnatlon In the use of saldfaoUltles: (2) that .
In the construction of any Improvements on. over or under such land a'nd the fumlshlng of
servloes there en. no person on the grounds of race. oolor or national ongln shall be excluded
from partlclpatlon In. denied the benefits of. or be otherwIse subjected to discrimInation:
(3) that the tenant shall use the premises In compliance wl1h all other requirements Imposed b'f
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or pursuant to Title 49. Code of Federal Regulations. Department of Transportation. Subtitle A.
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Office of the Secretary. Part 21, Nondlscrlmlnotlon In F.deraIlY'~2SSlst.d programs of the
Department of Transportation - Effectuation of Tlth~ VI of the Clvn Rights Act of 1964. and as sold
Regulations may be amended. ,
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That In the event of breach of any of the above non-dlscrlmlnatlon covenants, Airport
Owner shall hove the right to termInate tlie lease and to re~enter and as If saId lease had never
be.n made or Issued. The provision shall not be effective untn the procedures'of nit. 49, Code
of Federal Regulatlons,~part 21, are fo\lowe~ and completed Including exercIse or expIration of
appeal rlghts.
X.) It shall b. a condition of this lease, that the Lessor reserves unto Itself. Ib SUCCessors
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and assigns. for the use and benefit of the public. a right of flight for the passage of aircraft In
'he aIrspace above the surface of the real property hereinafter described. together with the
right to caus. In sald airspace such notse as may be Inherent In the operation of aircraft. now ,
known or hereafter used. for navigation of or flight In the sold airspace. and for use of laid
airspace for landing on. taking off from or operating on the airport.
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That the tenant expressly agrees for Itself. lis successors and asstgns. to restrict the height of
structures. obJects of natural growth and other obstructIons on the hereinafter descl1bed real
property to such a height so as to comply with federal Aviation RegulatiON. Par117.
That the Less.. expressly agrees for Itself. lis aveeeSSOB and assIgns. to prevent any use of
the hereinafter described real property which should Interfere with or adversely aff.ct th
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operaflon at maintenance 01 the olrport, or oth~~e consfltute on aIrport'i3'
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XI.) This lease and all provisions hereof are subject and subordInate to the terms and
conditions of the Instruments and documents under whIch the Airport Own.r oc~utred the
subject property from the United States of America. and Ihall be gIven only luch effect as wUl
not conflict or be Inconsistent with the terms and condltloN contained In the I.al. of sal~
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lands from the Airport Owner. and any existing or subsequent amendmenb th....to and are
subject to any Ol"dinances. rules or regulations which have been . or may hereafter be
adopted by the AIrport Owner pertaInIng to the Marathon Airport.
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XII.) 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 agr..m.nt
are nonexclusive and the Lessor herein reserves the right to grant similar prlvnege. to another
less.. or other lesse,. on other parts of the Ak'port.
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XIII.) This lease agreement Is between the lessor and the Lessee only. Nothing In this I.as,
may create a contractvol relation, hip with, or any rfghts In favor of. any third party.
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XIV.) This lease agreement has been carefully reviewed by both the less., and the
Lessor. Therefor.. this leOS9 Is n01 to be constrved against any party on the basIs of authorship.
XV.) This lease agreement represen'-' the partl,s' final and mutual unde"tandlng. It
reploces any earllef agreements or understcinc:l1n;., whethar written or oral. this laas. cannot
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be modln.d or replaced except by another signed lease or lease amendment.
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~CQUNrY.ATTORNEY* TEL:30S-292-3S16 Jun 03.97 14:~3 No.OOS P.09
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XVI.) Nothing In this lease should b. read os modifying the applicable statute of ..
limitations. The waiver of th. breach of any obligation of this leas. do.s not waive another
breach of that or any other obligation.
XVII.) This lease takes .ffeet on the dot. of the signature of the last party to Ilgn. ,
IN WITNESS WHEREOF. each porfy hereto has caused this agreement to be executed In
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duplicate by Its duty authorized representative.
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(SEAL) BOARD Of COUNTY COMMISSIONERS
ATTEST: DANNY L KOLHAGE. CLERK OF MONROE COUNTY, FLORIDA
,
8~ By
Deputy Cler1c Mayor/Chairman
.
Date:
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(CORPORATE SEAL)
~TTEST: H~INC.
B~~
B~ ~ / ~~ 4
~ cretary President ;'
G- ~-cr7 ' '. /"?
Date: ~m.' 06,,./ L. .
,~C& .
. . :.,Q.-J. )(b "e rT E. P:'
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" '. ~ R~ 7 .,NOYIDMTO' M
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e
ADDITIONAL DOCUMENTATION:
AGENDA ITEM # 05 Commissioner Rice
December 13, 2002
MONROE coUNTY BOARD Of coUNO' COMMISSIONERS
CONTRACT SUMMARY "
ConUact #
Contract with: J-Ian8efS On. tnc. EtIecti'IC Date:JJ9on IPproval
E.xpiration Date: 1~ is for fifteen n 5) years
Cowa<:t I'uq1Ose/l)cscriplion: Lease aorec~ for hongus at f1Qrida Keys Mar"bon AiroorI
Contract Manager: jbefC$l Cook @@ Marathon Ai-:portlStQP 15
(Name) (Ext.) (Department)
for BOCC meeting on 12/18/02 ~cnda Deadline: lU4/02
CONTRACT COSTS
Total Dollar Value of ConUact: n34.OOO one time Current Vear Portion:
paVl1\ent - ~ue $600000: vear
Budgeted? Yesl8l No Account Codes: - - -
Grant: S134 OOO.CO LfJlL.~30-rlfJ<)
CounlyMatch: SO.CO -------- L '3tf. UXJ)
- - - - I
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr for.
al included in dollar value above) e _ ~ aIilities . . . salaries, etc,
CONTRACT REVIEW
Changes Date Out
~e If Needed J 'VJ n/o-z..-
Division Director I I Z- ff2-YesO No
~~M~~em~1~~~~ON l'd--rd--tJo-
O.M.B./Purchasing \~I ~t)vesO No I;;' -1/1-0
County Attorney YesONd Clf~/O""'ll..A. <>/ ~,,^;i - I du/,n'
Comments:
OMB form Revised 9111/95 MCP #f2
OS
I
HANGAR LEASE AGREEMENT
Hangars On, Inc. ,
THIS LEASE AGREEMENT is made by and between Monroe County, a political
subdivision of the State of Florida, whose address is' 490 63rd Street, Marathon,
FL 33050, hereafter County, and Hangars On, Inc., a Florida corporation, whose address is
PO Box 500802, Marathon, FL 33050, hereafter Tenant or Lessee.
WIT N E SSE T H:
1. The parties mutually agree to cancel their Lease Agreement effective June
18, 1997, with neither party having any further duty, obligation or liability to the other
under the terms of that 1997 lease. A copy of the 1997 lease is attached to this lease as
Exhibit A. The Lessee further agrees to dismiss with prejudice a lawsuit captioned
Hangars On. Inc. v. Board of County Commissioners. Monroe County. Aorida, Case No.
CA-K-01-1135. A copy of the complaint in Hanaars On. Inc. v. Board of County
Commissioners. Monroe County. Florida, is attached to this lease as Exhibit B. In
consideration of the Lessee's consent to the cancellation of the 1997 lease and the
dismissal with prejudice of Hanaars On. Inc. v. Board of County Commissioners. Monroe
County. Florida, the County shall, within 15 days of the Lessee's filing with the Circuit
Court a dismissal with prejudice of Hanaars On. Inc. v. Board of County Commissioners.
Monroe County. Florida, make a one time payment to Lessee of $134,000.
2. a) The County hereby lea'Ses to the Lessee certain property in the
northeast corner of the Marathon Airport more particularly described in Exhibit C,
which is attached to, and made a part of, this lease, hereafter the Premises.
b) The County, at its expense, and as promptly and expeditiously as
possible, shall relocate the four existing hangars, previously leased to the Lessee
pursuant to the 1997 lease, to the Premises. The Lessee agrees to accept' the
hangars in their as-is condition. The four relocated hangars must be placed on a
concrete slab or slabs and the County must also, at its expense, install electrical
and water service to the Premises. The County will relocate to the Premises
Lessee's electric meter, and will provide a water spigot at the Premises. Additional
meters and outlets, together with applicable utility connection or impact fees for
such additional meters and outlets, are at the Lessee's expense. Lessee shall be
responsible for paying the electrical and water service charges, The hangars at all
times during this lease are and remain the property of the County,
c) The County must provide the Lessee (and its sublessees) access to
the premises and egress to the taxiway.
3. This lease will take effect on the date of the signature of the last party to
sign this lease. The term of the lease is 15 years; provided, however, the term will not
commence until the four hangars are relocated with the utility connections installed as
provided in paragraph two. This lease, at the option of the Lessee, may be extended for
an additional ten year term. However, if so extended, the rental payments provided for in
paragraph 4, will be readjusted according to the most recent County rates and charges
study then available and will thereafter be subject to the CPI provided for in paragraph 4.
4. a) The initial rent for the Premises is $500 per month, payable in
advance on or before the first business day of each month. The rent will be
adjusted annually beginning with the first anniversary of the commencement of the
lease term, and at every anniversary thereafter, by a percentage equal to the CPI
percentage for urban consumers for the calendar year immediately preceding the
anniversary date.
b) Lessee may sublease any of the hangars without permission of the
County. However, the Lessee must furnish the County's Marathon Airport Director
a copy of the sublease immediately upon its execution together with a description
of the plane using the hangar and persons authorized to use such plane. If the
sublessee's hangar rent is in excess of 125% of the rent paid by Lessee to the
County under this lease, then the Lessee shall pay to the County one-half of the
amount by which sublessee's rent exceeds 125% of the rent paid by Lessee for the
subleased hangar(s). For the purposes of this sub-paragraph, each hangar shall
be allocated 1/4 of the rent for the Premises. The County's share of such sublease
rental amounts is payable to County at the same time the Lessee's rent is due
pursuant to this paragraph.
c) Lessee's sublease of any of its hangars does not in any way operate to
waive or release the Lessee from any of its duties and obligations under this lease
and Lessee shall remain fully bound by the terms of this lease as if no sublease
existed.
d) Lessee is responsible for all sales or use taxes that may be due for
rent paid pursuant to this lease and any sublessees.
e) After the first anniversary of this Lease, when a potential purchaser
offers to purchase some or all of the shares of Lessee's stock, then the Lessee must
so notify County, which will have 30 days from receipt of written notification to
exercise a right of first refusal to acquire those shares at the same purchase price
2
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as that offered by the potential purchaser, Upon its exercise of the right of first
refusal, the County will receive, in lieu of the purchased stock certificate, the -
surrender of one hangar for each 25% of Lessee's stock that it purchases. After
such surrender the County may lease such surrendered hangar(s) and
corresponding portion of the premises to third persons free and clear of any claims
of Lessee, and the rent for the remaining portion of .the Premises shall be reduced
pro rata. Lessee may override County's exercise of its right of first refusal by
paying to County one-half of the purchase price.
5. The Lessee agrees not to cause or permit any lien, mortgage or other
encumbrance to be placed on the premises hangars included. If such occurs, the Lessee
must immediately undertake, at its expense, whatever actions needed to remove and
cancel the lien, mortgage or other encumbrance.
6. The Lessee is responsible for normal and routine maintenance of the
hangars, and shall surrender the hangar, at the conclusion of the Lease, in good condition.
If during the term of this lease one or more of the hangars is damaged or destroyed by an
act of God, then the County must promptly, and at no cost to the Lessee, repair or
reconstruct the hangar(s). The repair or reconstruction must be made with the same
quality materials and in the same dimensions as the damaged or destroyed hangar(s).
7. Without regard to the effective date of the term of this lease, the Lessee
may not occupy the premises until it has obtained the Insurance required by Exhibit D and
produced adequate proof of such Insurance to the County's Director of Risk Management.
Exhibit D is attached to this lease and made a part of it. Should the Lessee require hangar
tenants at the Marathon Airport to increase the minimum required amount of insurance,
such additional insurance requirement will be passed on the Lessee, Hangars On, Inc.
However, any such increase must be in the same proportion as required of the other
hangar tenants of the Marathon Airport at that time.
8, The Lessee covenants and agrees to indemnify and hold harmless the
County, its officers, employees, and contractors, from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned by the
3
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 Lessee or any of
its contractors, occasioned by the negligence, errors or other wrongful act or omission of
,
the Lessee or its contractor(s), their employees or agents. This obligation of
indemnification is not vitiated by the insurance obligations contained in paragraph 6 and
Exhibit D.
9. No modification(s) to the hangar facilities may be made until the
modification(s) are approved by the County's Marathon Airport Manager.
10. The hangar facilities may only be used for the following:
a) the housing of airplanes not used in commercial service;
b) the providing of care, repair and maintenance of only those airplanes
housed long-term at the hangar facilities;
c) the temporary parking of automobiles.
No other use of the hangar facilities may be undertaken by the Lessee without the
prior written approval of the County without limiting the foregoing, the Premises may not
be used in competition with any service offered for a fee by a Marathon Airport FBD, other
than the rental of hangar space;
11. No improper, unlawful or offensive use may be made of the premises and
hangars.
12. The Lessee agrees that the terms of this lease are subject to the FAA
regulations attached as Exhibit E and made a part of this lease. Lessee agrees not to
commit any act or omission that would constitute a violation of those FAA regulations. .
13. 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 reserves the right to grant similar privileges
to another lessee or other lessees on other parts of the Marathon Airport.
14. At the expiration of the term of the lease, the Lessee will quietly and
peaceably deliver up possession of the leased premises to the County,
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15. This lease may be canceled at the discretion of the County in the following
circumstances;
a) lessee fails to timely pay the rent;
;
b) lessee fails to obtain the insurance required under this lease or
allows the required insurance coverage to lapse or fall below the minimum
required; or
c) lessee otherwise breaches the terms of this lease.
In the case of the default/breach occurrences described in subparagraphs 15(a) and
(c), the County's Marathon Airport Director shall first give the lessee a written notification
stating the default/breach and that the lessee has 10 days to correct the default/breach.
If the lessee has not corrected the default/breach at the end of the 10 days, then the
County may cancel the lease in its discretion.
16. The lessee, on keeping the covenants and obligations contained in this lease
has the quiet and peaceful enjoyment of the premises and hangars during the term of this
lease without any interruptions by the County or by any person(s) claiming through or
under the County.
17. All written communication between the parties, including the payment of
rent, shall be addressed to:
County lessee
Reggie Paros Hangars On, Inc.
490 63rd Street PO Box 500802
Marathon, Fl 33050 Marathon, Fl 33050
Either party may change their representative contacts with a written notice of such
change.
18. Venue for any litigation arising under this lease must be in a court of
competent jurisdiction in Monroe County unless an applicable federal law or regulation
provides otherwise. In the event of litigation the prevailing party is entitled to a
reasonable market value attorney's fee.
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19. Tflis lease is between the County and the lessee only. Nothing in this lease
may create a contractual relationship with, or any rights in favor of, any third party.
20. This lease has been carefully reviewed by both the lessee and the Lessor.
;
Therefore, this lease is not to be construed against any party on the basis of authorship.
21. This lease represents the parties' final and mutual understanding. It
replaces any earlier agreements or understandings, whether written or oral. This lease
cannot be modified or replaced except by another signed lease or lease amendment.
22. Nothing in this lease should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this lease does not waive
another breach of that or any other obligation.
23. This lease takes effect on the date of the signature or'the last party to sign.
IN WITNESS WHEREOF each party hereto has caused this agreement to be execute
din duplicate by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
Date
(CORPORATE SEAL)
ATTEST: HANGARS ON, INC.
By By~l~~~
Secreta ry II ~
Date ~
JairHangarsOn2
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... LEASE AGREE~
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THIS AGREEMENT & made by and between Monroe Counly. a POlitical subdivision of the
State or f/orida. whose address Is 500 Whitehead Slreel. Key West, Florida 33040. hereafter
LeSSor. and Hange.. On, Inc.. 0 Florida corporalion. whose, address Is 7900 GUlfstream Blvd..
Marathon. Fl330SO. hereafter Lessee or Tenant.
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W, TN E S S EI H:
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I.' The parties mutually agree to canCel and rescInd the" Lease Agreement enlered Into
on September 2/. 1.995, with neither party Owing any further duly or obligation to the olher
under the terms of that 1995 Agreement.
II.} 1. When the Items described In paragraph III ore compleled, then the Lessor leases
10 the Lessee a parcel of land. and the Improvements on the land, 01 the Marathon AIrport,
Marathon. Monroe Counly. Florida. 'he parcel measuring 4.9BO 'quare rest. hereaffer Ihe
leased premise. or the premise.. as shown on Exhibit A (property mop). Exhibit A Is alfached to
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thIs Agreement and made 0 port of It.
2. The term of this lease Is !wenly (20) years. beginning on the day after the dole Ihe
caplfal Improvement, de'cribed in paragraph III are compleled.
3. The ,hade hanga.. located On the leosed preml,es deScribed In Exhlblf A will
beco\Tle the properly of the Lessor immediately upon the Parties' e,ecullon of thl, Agreement.
4. The Lessor grants 'A fhe Lessee a Rce"'e at keep Its airplanes at the premises'
hangar facittly in existence On Ihe efteclive date of this Agreemenf whll& the COPUol
Improvemen' cCOsflucHan process Is ongoing. Th& LeSSor may require the Less.e to move f1s
aIrplanes when fhe airplanes' pre.ence WOuld Inferfere with construcllon. The license begins
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on the eff&cllve date of this Agreemenf and ends When the capital improvements requIred by,
paragraph III are completed and theleOSe begi",. The re'trictions on fhe Lessee's use of the
hangar facil/lles set forfh In paragraph IV also apply to the Le..ee', U'e of 'he facllllle, under I
the. license granted In this subpQrograph. I
. E-i-, A
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Ill.' The lessor must make the followlnc cap/fallmprovements to the leasehold: ~
1.) Complete the electrical work described In Monroe County bunding permit No. 96-
2-816;
2.} Enclose the hongars in order to provide four independent hangar bays with four
electric zero tolerance hIgh fold doors on the south side and four access doors on the north
side with the option for access doors In the hIgh fold doors at the lessee's expense. In
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enc/oslnc the hangars, the hangar facility floor space must remaIn as defined by the outsIde of
the four vertical support posts In existence on the effectIve date of this Agreement.
3.) Construct the pavement necessary for Ingress and egress to the hancar faclllty
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and the pavement necessary to connect the hangar facility to the maIn taxI-way of the
Airport:
4.' Install one woter line and One meter to the struciure end Install four hose bIbs
(one per hangar bay).
IV.) The lessee is responsible for normal and routine maintenance of the hangar facilifies,
not to Include hangar facility repaIrs or repairs to fhe surrounding area. If during the term of
thIs lease the hangor facility Is damaged or destroyed. then the lessor must promptly, and at
no cost to the Lessee. repaIr or reconstruct the hangar facility. The repair or reconstruction
must be made with the same quality materIals Clnd In the same dImensIons as the damaged or
destroyed hangar facility.
V.) The lessee hereby covenants and agreeS'to pay the Lessor rent In the amount of 30~
per square foot per year for the leased area for a total annual rent of $l.494.00. The rent Is
payable on a monthly basis, In advance. In the amount of $124.50. The Lessee may elect to
pay the annual amount, In advance, as a lump sum. The lessee Is also responsIble for 011 soles
taxas. The rent agreed to in this paragraph will be adjvsted annually in accordance with the
percentage change In the Consumer Price Ind:X ICPlj for wage earn"}; ;"'JjJ~~cal WOrk~
....UI. U.).97 14:20 No.OOS P.04
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the MIamI/ft. Lauderdale, FlorIda area, and will be based on the annual averagtt CPI ~
computaflon from January 1 to December 31 of the prior year. The parties agree that the only
additIonal cost not Included above Is a potential Increasoe In the amount of Insurance
COverage required by the Lessee. Should the Lessor require all tenants at the aIrport. for gOod
cause. to increase the amount of Insurance required by thQ Counfy. luch an additional
insurance requirement will be passed en to the Lessee, Hangars On. Inc. Any such Increase will
be In the Some pro rata proportion as to the other tenants of the Maralhon AIrport ct that time,
VI.} The Lessor hereby covenants and agrees with the Lessee os follows: .
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1.} The Lessee has the right to OCCUpy the leased premises.
2., The Lessee has reasonable ingress. egress and aCCess to the leased premIses.
3.) The lessee may only sublease the premIses for longer than six months. or assign Its
leasehold. with the approval of the lessor's Board of Coonly Commissioners. who,e approval
may not be unreasonably withheld. The Lessee may sublease the hangar facilities for sIx
months or less without Lessor's Board of Counfy CommissIoners' approval. but subject to
notIfyIng the Lessor's Marathon AIrport Manager as provided In subparagraph VI/(S}.
4.' The lessee. on keepIng the COvenants and obligations contained In thIs
Agreement, has the quIet and peaceful enjoyment of the leased premIses during the term of
this lease without any Interruptions by the Lessor Of by any person(., Claiming through Or under
the Lessor.
VII.} The Lessee hereby covenants wlfh the Lessor-
l.} To pay the Lessor the rent at the tImes and In the manner provided for by thIs
lease.
2.} No mortgage. lien. or encumbrance of any kind may be placed on the leased
premIses, IncludIng the hangar facilitIes.
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3.} NO modlflcalion(,) to the hangar lacllllles may b. mode unfl/lhe mOdificatlon(s) .
are approved by the Lessor's Marathon Airport Manager.
4., The hangar facllltles may only be Used for the fOllowIng:
a,) Th. housing of alrplan.. nol Used In commerclat service or oth.rwlse uS.d
In comp.tition WIth any servlc. oll.red for a f.. by the Marathon Airport
fBO. other than the rental of hangar space:
b.) The provIding of care. r.palr and malnt.nance 01 only those airplon.s
ohoused at the hangar facilities. No other Use of the hangar facilities may be
undertaken by the Lessee without the approvol of t he Lessor's Board of
County Commissioners:
c.) The temporary parklnQ of automobiles. .
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5.) The lessee wlII provide the lessor's Marathon AIrport Manager with a list of the
hangar lacl/Jly occupants. and their aircraft. that are approved by the Less.... An updat.d lid
must be provIded the Airport Manag.r wllhin five (5) days from when an occupant or aircraft Is
changed. .
6.} No Improper or unlawful or offensIve use may be mode of the leased premises.
7.} Lessee must permit the lessor or its ogents fo inspect the leased premises at all
reasonable times for the purpose of vIeWIng the condition of the premises.
S.) The l...ee must obtain and pay for water and .'.clrfcal services to the prem&.s
In Its own nome.
9., Th. Less.. covenants and agr.e, to Indemnify and hold harmless the Lessor from
any and all claIm. for bOdily injury (Including d.ath), pe"onalln/ury. and prop.rty damage
(InclUding property OWned by Monroe Counly/ and. any <;>th.r losses. damages and .xpens.s
{Including aftomey's fessJ which arise out of. In Connection with. or by r.ason of s.rvlces
provided by the L..... or any of lis conlractors. OCcoslon.d by the negligence. .!To" or oth.r
WrongfUl oct or omissIon of the Le.... or It, contractor(s), their emp/oye.s or ag.nts, This
obligation of Ind.mnlOcatlon Is not vltfat.d by th. Insuronc. obligations contained In
paragraph 10 and ExhIbit B. II /po.
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Jun O;:;,9? 14:21 No.OOS P.06
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10,) Regardless of Ihe effecffve dale of this Agreement. the Lessee may not OOClJpy .
lhe premise.. Under either the Bcense or the lease. unlU /I has obtafned the Insurance reqUired
by Exhibit B and prOduced adeqlJate Proof of Such InsuranoQ to the Counly's DIrector of Risk
Managemenl. Exhlbit81s attached to this lease agreement and mode port of It,
11.) At the explrallon of the tenn of fhe lease. the lellee WIll quietly and peaceablY
delIver up POllelllon of the leased premIse, fa the Lellor,
.
VI/I., I.) This tea,e may be canceled at the discretIon of the lessor If:
a.} lessee falls to tlmeJy pay the rent: .
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b.) lessee falls to obtain the Insurance required Under this Agreemenl within
thirty (3O) days of the effecllve dote of this Agreement' or anows the
required Insurance Coverage '0 lapse or faU be/ow the mlnimlJm required;
or
.- c.) lessee otherwise breaChes the tenns of this lease aQleement,
.
2.} The Lessor may also COncel this lease if Ihe leased premises ore requIred '0
aCcommOdate future developmen' at the Marathon Nrpori or for any other reason
determIned by the FAA or the lessor. lessor. If If determines to cancel fhe lease under this
paragraph. must Provide lI1e Lessee with thIrty (30) days Written nollce before the cancellation
becomes effective. Lessee must then abandon and qUietly and peaceably deliver up the
POSSession of the leased prem&es. ff Lessor oancels the lease agreement under thIs paragraph,
LeSSor Win not be liable to LeSSee for,any damages _ direct or Consequentlal_ Suffered by the
Lessee as the re'ult of the cancellatiOn. HOwever. If the Lessor exercises lis right to cancel the
lease Under thIs SUbparagraph. the Lessor must Dfovlde the Lessee wlfh sUbsfifute hangar
facilities that are ,'ml/ar to the faciliffes fumished under this lease,
IX,} The tenant for himself. his personal representatives. successors In Inte,.." and assigns.
as part of the COnsIderatIon hereOf. does hereby covenanl and agree 11101: (1/ '10 person on
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the grOunds of race, color. or notional origin shan be exclUded from Parllclpallon In. denIed
()j II)
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''-'- ~'-"...J .......;L-..)..)!V Jun 03.97 14:21 Na.OOS P.O?
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the beneflfs of. or be ofherwise sUbjected to dlscrfmlnatlon In the use of sold facl/lfles: (2J that ~
In the constrvctlon of any Improvements on. over or under such land and the fumlshlng of
services thereon. no peC'ion on the grounds of race, color or natIonal origIn shall be excluded
from partlclpaflon In. denied fhe beneflts 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 Tifle 49, Code of Federal Reguiatlons, Deportment of Transportation. Subflfle A.
.
Office of the Secretary. Part 21, NondIscriminatIon In Federal/y-osslsted programs of fhe
Deportment of Transportation - Effectuafion 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 of the above non-dlscriminallon covenants, AIrport
Owner sholl hove the right to termInate tlie 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 followe~ and completed Including exercise or expiratIon of
appeal rights.
X.) It sholl 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 sold airSPace such noise as may be Inherent In the operaflon of aircraft. now ,
known or hereafter used. for navIgation of or fflght In the said airspace. and for use of saId
airspace for landing on, taking off from or operating on the aIrport.
That fhe tenant expressly agrees for Itself, its Successors and assIgns. to rastrict the height of
strvctures. objects of natural growth and other obstructions on the hereinafter described real
property to such 0 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 descrfbed real property which should Interfere with or adversely affect th
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operation or maintenance of the airport. or otherwise constitute on aIrport hazard.
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XI.) ThIs lease and oil provIsions hereof ore SUbject and subordInate to the terms and
condifions of the Instruments and documents under whIch the Airport Owner acquIred the
SUbject property from the Un/ted States of America. and shall be given only such effect as wilt
not conflict or be Inconsistent with the temu and conditions oontalned In the lease of sold-
land, from the Airport Owner, and any eXlsling or SUb'equenl amendments lherelo and are
subject to any ordinances. rules or regulations which have been , or may hereafter be
adopted by ihe AIrport Owner pertaIning to the Marathon AIrport.
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XII.) NotwithstandIng anythIng herein contaIned fhat 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 fo grant sImilar prlvReges to another
lessee or other lessees on other parts of the Airport.
.
XIII.} ThIs lease agreement Is befwaen fhe lessor ond the lessee only. Nothing In this lease
may create a contractual relotlon~h/p with. or any rlchts In favor of. any third party.
XIV.' ThIs lease agreement has been carefully reviewed by both the Lessee and the
Lessor. Therefore. this lea,e Is not to be construed against any party on the basis of authorship,
XV.} This lease agreement represents the partIes' final and mutual undefltandlng. It
replaces any earlier ogreemenfs or unde..tandlngs. Whelher written or oral, Ihls lease cannot
be modified or replaced except by another signed lease or lease amendment.
(Hongan On, Inc. . Maralhon AIrport l
"
~H~
7
JUI, V.:>,'j( 14:~S No.G05 P.09
.
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XVI.' Nothlnc In this lease should be read as modlfylnc th9 applicable statute of ..
limitatIons. The waiver of the breech of any obllcaflon of thIs lease does not waive another
breach of that or any other obligatIon.
XVII.' This lease takes effect on the dote of the sIgnature of the last party to sIgn. -
IN WITNESS WHEREOF, each party hereto has caused thIs agreement to be execufed In
.
.
..,
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Date: O~- \to-c:..,
(CORPORATE SEAL)
AlTEST: HA~INC. _
B~
By ~/~~1
C' oretary President /
Dote: &- 3-CP7
oo/con2/hangcrs02
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Jun 03,97 14:25 No.005 P.ll -
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. GENERAL LIADILI1i' .
INSUMNCE REQUIREMENTS ~
T" FOR
I CONTRACT _
~ -
- . ,
n IC'.1VEEN
MONROE COUNTY, FLORU>A
AND
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..
Prior 10 Ihe commencement of work govorned by Ihiiconlrnel, Ihe CA.nlrnclor ",n" ohlnin
General UnbililY-lnsurnnco. Covernge shall be mainlained lhroughout dIe lifo oflha conlract and
indude, as a minimum:
,
. Premises Operations
.
. Products and CornprC((;d Operations . ~
. Dfaokct Contractual Liability '. .
. PcrsOnallnju~ Liabm~ .
. Expanded Dc mition 0 Property Damage .
The minimum limits acceptable shall be;
$300,000 Combined Single Limit (CSt)
If splil limits are provided, 1/le nlimmumlimits aCCC:plable silo" be:
, SIOO,OOO pcr PerSOn
$300,000 pcr OCcurrence
$ SO,QOO Property Damage
.
An OCcurrence Ponn policy is preferred. If coverage is proVided on a Claims Made policy, its
prOvision. should include cove.-age fur claims filed on Or aner Il,. eIl'ect/ve date oflhb contract' ,
In addilion. Ihe Period for \Vhicl, claim. may be repolted should exlend for a minImum oflwelve
(12) monlh. fol/owing lhe aC<:eplanco of work by rhe COunly.
The Monroe COunly Boorn ofCa"nlY Commissioners shall be named as Addiliona/lnsurcd on.n
policics iSsued (0 satisfy tllc above requirements.
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A4nlll\liu.l/~ '1Nl\ldiNI 01.1
"C70?:.
TN THE CIRCUIT COURT OF THE 16TH OF THE SIXTEENTH JUDICIAL CIRCUIT
TN AND FOR MONROE COUNTY, FLORIDA
.
HANGERS ON, INC. o A -1<'- D{-/t35
Plaintiff, 11 e.U tJ OpJ
y. - -
BOARD OF COUNTY COMMISSIONERS,
Monroe County, Florida
Defendant.
COMPLAINT
for
EMERGENCY INJUNCTIVE RELIEF, BREACH OF CONTRACT, SPECIFIC
PERFORMANCE AND DAMAGES
Plaintiff HANGARS ON, INC. sues Defendant BOARD OF COUNTY COMMISSIONERS of
Monroe County Florida and alleges:
Introduction: Plaintiff seeks only an emergency hearing on COUNT 1, (Emergency Injunctive
Relief.) If hearing is not granted, prior to the Defendant Board of County Commission meeting on
September 19,2001, Plaintiff will lose the opportunity to protect its investment and the continuing
value of its aircraft hangar asset worth approximately $ 400,000.00 for the reasons set forth fully in
the General Allegations and in COUNT 1 hereto.
Jurisdiction
L.- This is an action for emergency injunctive relief pursuant to Fla. Stat. 26.012, breach of
contracJ, specific. performance and damages that exceed Fifteen Thousand Dollars
($15,000.00.) exclusive of interest, costs, and attorney's fees.
1
~COPY
3 .
€:-y. .
Parties
2. The Plaintiff, Hangars On, Inc. is a Florida corporation, composed of individual aircraft
,
pilots, headquartered in Marathon, Monroe County, Florida. The corporation was formed
as a business entity to provide aircraft hangar space on-Marathon Airport for the members
of the corporation.
3. The Defendant, BOARD OF COUNTY COMMISSIONERS, Monroe County, Florida is the
elected board of policy makers for Monroe County, Florida.
General Allegations
" Plaintiff, through its individual members provided and paid monies in excess of Ninety
Thousand Dollars ($ 90,000.00 +) to plan, design, permit, and construct an aircraft shade
hangar at the Marathon airport. (Exhibit A - Photograph).
5. Plaintiff and Defendant entered into an initial Lease Agreement, hereinafter "Lease
Agreement # 1" on September 21, 1995. This contract was for a l~se of lagg on!y,to
Plaintifffor its aircraft hangar. (Exhibit B - Lease Agreement # 1 dated September 21, 1995)
6. Plaintiff and Defendant e~tered into a second Lease Agreement, hereinafter "Lease
.
Agreement # 2" f~r the lease of property for aircra~ dated effective June 18, 1997.
Lease Agreement # 2 was entered into for the~se of providing a ~round lease for hangar
space for the Plaintiff and for the further improvements promised by Defendant Monroe
,....;--
County. (Exhibit C - Lease Agreement #2 dated June 18, 1997).
7. Plaintiff was induced to give up "Lease Agreement # 1," a valuable prior lease, (Exhibit B)
which allowed, inter alia, the Plaintiff to conduct commercial aviation related act~vities in
exchange for the Defendant's promises contained in Lease Agreement # 2. Lease Agreement
2
# 2 recites no consideration. No consideration has been provided by Defendant who has not
kept its covenants or performed as required.
--
8. The contract was a contract of adhesion, because the P~intiffwas denied the ability to hav~
electric power to its aircraft hangar unless it si ned tease Agreement # 2. Defendant's
represelltative issued a "stop-work" order and the project was "red-tagged" by the building
'IIlr......... __ . ____
department. The "stop-work" order was lifted immediately upon Plaintiff signing Lease
Agreement # 2.
9. The present lease, Lease Agreement # 2, at Exhibit C, was prepared, in its entir~ by
Defendant, notwithstanding its language to the contrary.
10. The aircraft hangar, built and paid for entirely by the Plaintiffs principals, was properly
permitted, planned, and sited in compliance with the Marathon Airport Layout Plan, then in
effect which was originated by the Defendant and approved by the Federal Aviation
Administration.
11. The exact physical location of the aircraft hanger was at the direction of the appropriate
officials of Monroe County.
12. The term of Lease Agreement # 1 was twenty (20) years. The term of Lease Agreement # 2
was twenty (20) years, with the lease period to begin on the day after the Defendant
completed certain capital improvements. (Exhibit B - Lease Agreement # 1, paragraph II, 2.)
[emphasis supplied]
13. Plaintiffs expenditure of funds and construction of the aircraft hangar was in reliance on
certain promises made by Defendant contained in Lease Agreement # 1. (Exhibit. B Lease
Agreement # 1)
3
14. In return for the Plaintiffs agreement to allow the Defendant to succeed to the ownership of
the aircraft hangars, built and paid for by the Plaintiff, Lease Agreement # 2 requi~d -'
Defendant to make certain improvements to the aircraft hangar, enumerated at Exhibit C.
-
These required actions, set forth below, in the language 'of the contract, included:
a. "Complete the electrical work described in Monroe County building permit No. 96-2-
816." (Exhibit C - Lease Agreement # 2, paragraph III, 1.) Defendant did not
complete any electrical work but simply approved the work done by Plaintiff.
b. "Enclose the hangars in order to provide four independent hangar bays with four
electric zero-tolerance high-fold doors on the south side and four access doors on the
north side with the option for access doors in the highfold doors at the Lessee's
expense. In enclosing the hangars, the hangar facility floor space must remain as
defined by the outside of the four vertical support posts in existence on the effective
date of this Agreement." (Exhibit C - Lease Agreement # 2, paragraph III, 2.)
Defendant did nothing to meet this obligation.
c. "Construct the pavement necessary for ingress and egress to the hangar facility and
the pavement necessary to connect to hangar facility to the main taxiway of the
Airport." (Exhibit C - Lease Agreement # 2, paragraph III 3.) Defendant did not do
any paving as required.
d. Install one water line and one meter to the structure and install four hose bibs (one
per hangar bay), (Exhibit C - Lease Agreement # 2, III, 4.) Defendant did not install
a water line nor any of the hose bibs.
4
15. Defendan' railed and refnsed, over a period .n excess of four (4) years, to perform its
required obligations with the exception of approving the electrical work completed by J'
Plaintiff.
16. Converse Iy , Plaintiff ful filled all of its lease obli gationsl1nder both Lease Agreement # I and
Lease Agreement # 2 and was never in default of either of the subject agreements.
17. Plaintiff has met all conditions precedent prior to the filing of this action.
COUNT 1
(Injunctive Relief)
18. Plaintiffrealleges the allegations in paragraphs I through 17 above as if they were set forth
here in their entirety.
19. Upon information and belief, derived from its agenda and staff recommendation, Defendant
intends to approve, by vote on bulk items, on or about September 19,2001. a Iease to third-
parly Fixed Base Operator ("FBO") "Grantair." of additional space at the Marathon airport.
(Composite Exhibit H, page 5, item 47 - Agenda Item Summary) Items 41, 42, 45,
additionally appear to have adverse impact to Plaintiff's rights. These items, if approved,
have the effects of making Defendant's harm to Plaintiff irrevocabIe and are appropriate to
be also enjoined. unIess and until, Defendant has satisfied the Court that harm to plaintiff
will not result.
20. The effect of granting this additional space to Grantair will be to cause the unnecessary
removal and/or destruction of Plaintiffs aircraft hangar.
5
21. Plaintiff's Count for Injunctive Relief would not have needed to be addressed as an
emergency but for Defendant's refusal to respond to Plaintiffs repeated efforts to
.'
communicate without legal action.
22. There are several justifications for granting the requested injunction, as set forth more fully
herein. These include the fact that Plaintiff has a license which has not expired and the fact
that the intended grant of additional space to Grantair, which is improper for the reasons set
forth below, is being taken to enable Defendant to claim that Plaintiffs aircraft hangar must
be demolished or destroyed.
a. Plaintiffwas granted a license to keep its airplanes atthe aircraft hangar facility while
the Defendant completed its required capitol improvements to Plaintiff s aircraft hangar.
That license did not expire because it continued until the capital improvements required by
the Lease Agreement #2 are completed. Defendant's capitol improvements have not been
started, much less completed. Lease Agreement # 2 provided:
The lessor grants to the lessee a license to keep its airplanes at the premises
hangar facility in existence on the effective date of this Agreement while the
capital improvement construction is ongoing. (Exhibit C - Lease Agreement
# 2 paragraph II 4).
b. The lease to Grantair, which is intended to be voted on, is improper for the reasons
set forth more fully below. Those reasons include the fact that Grantair does not qualify for
the additional leased property and the fact that the lease which has been drawn for Grantair
but has not been entered into between the parties, improperly and unnecessarily eliminates
Plaintiffs aircraft hangar.
6
23. Since Defendant refused to respond to Pl<tintiffs inquiries, sent by registered mail, Plaintiff
did not/earn of Defendant's agenda item. until they examined the Defendant's records made
avai lable, on Tuesday, September II, 200 I, and then only in response to a public records
request (Composite Exhibit D, Plaintiff Correspond~nce), (Exhibit E Agenda Item),
(Composite Exhibit F, Public Records Requests)
24. The agenda item was listed only as a "bulk approval" item with no discussion and no
explanation to the public of the nature of the item.
25. The Defendant has unnecessarily caused the instant litigation because it has:
a. Convened meetings with Plaintiff and then failed and refused to follow
through with promised responses.
b. Reached agreements in principal with Plaintiffs representatives and then
reneged on such agreements. (Composite Exhibit G - Letter to Defendant
Commissioners from Dr. Rob DeFieId)
c. Refused to respond to Plaintiff's correspondence which sought to be informed
of Defendant's plans for Plaintiffs aircraft hangar. (See Composite Exhibit
D)
26. Plaintiff has standing to seek injunctive relief as a party which will be injured absent the
granting of injunctive relief by this Court.
27. Defendant voted on July 21,2001 to terminate Plaintiff's lease under paragraph VIII. 2. of
Exhibit C, (Lease Agreement # 2) which provides that the Defendant can cancel its lease with
Plaintiff at its discretion to accommodate future airport "development" or for "any other
reason. . . determined by the FAA or the Lessor."
7
28. An employee of the engineering firm employed by the County told one of Plaintiffs
principals that the Plaintiff's hangar would have to be moved or demolished to make room :
for an expansion of the FHO Grantair.
29. Grantair has not met the requirements, set forth by thy.Federal Aviation Administration
("F AA") to be awarded additional property from Defendant. Upon information and belief,
based upon a review of the public record files of Grant air, no justification or reason has been
provided the Defendant, by Grantair, for his request which is the cause of harm to Plaintiff.
30. Defendant is required to follow Federal rules because Defendant accepts and benefits from
monies and matching funds from the Federal government administered by the FAA. Order
5l90.6A, par4-l 7 (e) of the Federal Aviation Administration provides in pertinent part that:
"In no case shall an FBO be leased more apron space than that for
which an immediate demonstrated need has been shown."
(Exhibit I - Excerpt of FAA - Order 5190.6A)
31. The intended lease of additional property has not been justified, as required, by a
demonstration of immediate need by the intended beneficiary Grantair.
32. Defendant has previously informed Grantair that any subsequent lease of property would be
limited to 150 feet by 240 feet. (ExhibitJ, Letter to Grantair dated July 29, 1998.) Defendant
has also warned Grantair that, in any site plan, Grantair must both meet Federal policies and
take into consideration the future proposed development of the airport. (Exhibit K, Letter to
Grantair dated July 19, 1999.) Grantair has done neither.
33. County staff has cautioned against the granting of this lease because of Grantair's history of
failure to make required timely payments to Defendant. (Composite Exhibit L - Defendant
8
Staff (orrespondence).
34. Upon Information and belief, the award of additional space to Grantair is being improperly
"
recommended, by the Marathon Airport Manager, because of undue favoritism toward
Grantair. . -
35. If the Court does not intervene to enjoin the award of additional property to Grantair, the
Plaintiffs assets including its aircraft hangar and a valuable lease will be irrevocably lost.
36. Plaintiff has no adequate remedy at law absent the grant of injunctive relief.
37. Plaintiff has a clear legal right to the entry of an injunction based on its probability of success
on the meri ts.
38. The balancing of the equities demonstrates that the harm to Plaintiff will be greater if the
injunction is not granted than the harm to Defendant through the granting of the injunction.
39. Plaintiffs request for injunctive relief is not contrary to public policy but is rather in concert
with such public policy.
40. While Plaintiffis mindful of the properreluctance of the courts to enjoin legislative function,
it is appropriate here to require the Defendant to avoid damage to Plaintiff and act in a
manner that is consistent with the requirements of the FAA as well as Florida Law and the
Florida requirement of good faith and fair dealing present in the Lease Agreements # 1 and
# 2 between Plaintiff and Defendant.
9
WHEREFOR r. the Plaintiff asks for and entry of a temporary injunction against Defendant,
enjoll1lng: .'
a. the Defendant from passing or approving agenda item 47 (Composite Exhibit H, page
5, item 47 - Agenda Item Summary); and ,
b. the Defendant from passing or approving agenda items 41, 42, and 45 (Composite
Exhibit H, page 5, item 41,42, and 45 - Agenda Item Summary)
unless and until Defendant acts to follow the appropriate requirements for land use in a manner that
protects Plaintiff's right, an award of costs, fees, and such other relief the Court deems just and
proper.
COUNT 2
(Breach of Contract)
41. Plaintiff rea lieges the contents of Paragraphs 1- 17 as if fully set forth here in their entirety.
42. Plaintiff and Defendant entered into an initial Lease Agreement, (hereinafter "Lease
Agreement # I ") on September 21, 1995. This contract was for lease ofland only. (Exhibit
B - Lease Agreement # 1 dated September 21, 1995)
43. Plaintiff and Defendant entered into a second Lease Agreement, (hereinafter "Lease
Agreement # 2") for the lease of property for aircraft hangars dated effective June 18, 1997.
Lease Agreement # 2 was entered into for the purpose of providing a ground lease for hangar
space for the Plaintiff and for the further improvements promised by Defendant Monroe
County. (Exhibit C - Lease Agreement # 2 dated June 18, 1997).
44. Plaintiff was induced to give up "Lease Agreement # 1" a valuable prior lease, (Exhibit B)
which allowed. inter alia, the Plaintiff to conduct commercial aviation related activities in
10
exchange for the Defendant's promises contained in Lease Agreement # 2. Lease Agreement
# 2 recites no consideration No consideration has been provided by Defendant who has not ,
kept its covenants nor performed as required.
45. The contract was a contract of adhesion, because the Pla)ntiffwas denied the ability to have
electric power to its aircraft hangar unless it signed Lease Agreement # 2. Defendant's
representative issued a "stop-work" order and the project was "red-tagged" by the building
department. The "stop-work" order was lifted immediately upon Plaintiff signing Lease
Agreement # 2.
46. Lease Agreement # 2, at Exhibit C, was prepared, in its entirety, by Defendant,
notwithstanding its language to the contrary. The contract is ambiguous and the ambiguities
are appropriate to be construed against the Defendant who was the sole maker of the contract.
47. Plaintiffs expenditure of funds and construction of the aircraft hangar was in reliance on
certain mutual and reciprocal promises made by Defendant. (Exhibit C Lease Agreement #
2)
48. Defendant had a duty to perform pursuant to Lease Agreement # 2 and fairly and faithfully
meet its obligations, but failed to perform its part of the contract.
49. Defendant has also breached the required covenant of good faith and fair dealing which is
present in all Florida contracts.
50. Whether interpreted as a full breach of contract or an anticipatory breach of contract, the
Defendant's actions in voting to terminate Plaintiffs Lease Agreement # 2, on June 21,2001,
to destroy or appropriate its assets, and relegate Plaintiff to an aircraft hangar that is not
II
"similar" as required by Lease Agreement # 2, constitutes actionable breach of lease by
Defendant.
51. Lease Agreement # 2 required and Defendant agreed and promised to perform certain
actions enumerated at paragraph 14 a.- d. above.
52. Defendant has breached the Lease Agreement # 2 by failing and refusing, over a period in
excess of four (4) years, to perform its above obligations with the exception of approving the
electrical work completed entirely by Plaintiff.
53. Conversely, Plaintiff fulfilled all of its obligations in Lease Agreement # I and 2 and was
never in default of the either lease agreement.
54. The Plaintiff has suffered the damages below and are in jeopardy of losing:
a. its aircraft hangars,
b. the monies invested to plan, permit, build, and construct it,
c. its fair and agreed to rental rate of Defendant's property,
d. the square foot of hangar space guaranteed in Lease Agreement # 2,
e. the twenty (20) year term of the Lease Agreement # 2 has now been reduced to eight
(8) years, depriving Plaintiff of twelve (12) years of previously agreed hangar rental.
f. its right to sublease the present hangar space for value,
g. aircraft hangar protection for its valuable aircraft during the period between the
unnecessary demolition of its present structure and movement to a future location as yet
unspecified,
h. and other good and valuable benefits of Lease Agreements # I and # 2.
12
55. Paragraph VIII 2. of the Lease Agreement # 2 (Exhibit C), gave the Defendant the right, if
necessary, to accommodate future development at the Marathon airport, or for other reasons .
determined by the FAA or the Defendant Lessor. Proper notice to the Plaintiff is required.
The further requirement exists that, should the agreement be canceled, pursuant to this
paragraph, that "the Lessor must provide the Lessee with substitute hangar facilities that are
similar to the facilities furnish~d under this lease."
56. On .I une 21,200 I, Defendant purported to cancel the subject Lease Agreement # 2 agreement
under Paragraph VIII 2. Defendant has failed and refused to provide or discuss "similar"
hangar space. From the information available and set forth herein, no similar hangars, nor
a similar lease period, nor a similar lease rate, is intended by Defendant absent the present
lawsuit filed by Plaintiff.
57. Defendant had no good cause to cancel Plaintiffs Lease Agreement # 2 and require the
demolition and/or relocation of Plaintiffs aircraft hangar. Defendant's "Monroe County
A viation Department Marathon T -Hangar Feasibility Study, was prepared by the engineering
firm of URS Greiner for Defendant, dated March 1999. The study demonstrated that
Plaintiffs aircraft hangar presents no obstacle to hangar development and does not have to
be demolished or relocated. (Composite Exhibit M - Monroe County Aviation Department
Marathon T-Hangar Feasibility Study - July 2000)
58. In January of 200 I, one of the principals for the proposed hangar development group
conceded to a Plaintiff representative that Plaintiffs aircraft hangars did not have to be
moved to facilitate his development.
13
59. Subsequently. In response to a request for information from the Florida Keys Aviation
Association, the Marathon airport manger attached a sketch illustrating hangar development .
which purported to require the demolition and possible relocation of the existing shade
hangar units. (Composite Exhibit N - Request for information, Response, and Sketch)
60. Defendant's actions allow an improper advantage to Grantair, an FBO at the Marathon
airport, who is the improper subject of favoritism by the Marathon airport manager.
61. Defendant's actions are also taken to improperly avoid being required to make the capitol
improvements, set forth in Lease Agreement 2 to Plaintiffs aircraft hangar. See paragraphs
14 a-d herein and Exhibit C. raragraph III, 1-4.
WHEREFORE, the Plaintiff asks for Judgment against Defendant for breach of contract
under Lease Agreement # 2, an award of damages, together with an award of costs, fees, and such
other relief, as the Court deems just and proper.
COUNT 3
(S pecific Performance)
62. Plaintiff realleges the contents of Paragraphs 1- 17 as if fully set forth here in their entirety.
63. Defendant entered into Lease Agreement # 2 with Plaintiff regarding leased property.
64. Lease Agreement # 2 required Defendant to complete certain capitol improvements. See
paragraphs 14 a-d herein and Exhibit C, paragraph III, 1-4.
65. Defendant has failed and refused to complete the required capitol improvements pursuant to
Lease Agreement # 2 although they are well able to do so. Plaintiff, conversely, has
performed all its obligations under Lease Agreement # 2.
14
66. Plaintiff will be Irreparably harmed unless Defendant is required to meet the specific
performance obligations of Lease Agreement # 2. ~
,
67. It is appropriate that the Court order the Defendant to meet its obligations for capitol
improvements under Lease Agreement # 2. ,
68. Plaintiff is willing to complete the contract provisions of Lease Agreement # 2 and remain
in its present aircraft hangar if Defendant meets its capitol improvement obligations as
promised. See paragraphs 14 a-d herein and Exhibit C, paragraph III, 1-4. Given the
Defendant's willful failure to perform for a period of years, Defendant should be required
to complete the improvements wi thing a reasonable period of six (6) months.
WHEREFORE, the Plaintiff asks for and entry of an Order against Defendant requiring its
specific performance of its obligations under Lease Agreement # 2, an award of damages, together
with an award of costs, fees, and such other relief the Court deems just and proper.
COUNT 4
(Damages)
69. Plaintiff realleges the contents of Paragraphs 1- 17 (General Allegations) and paragraphs 42-
6 I (Breach of Contract) as if fully set forth here in their entirety.
70. Defendant's breach as set forth in paragraphs 42-61 has caused injury to Plaintiff as set forth
in paragraph 54 (a-h).
71. As a result of the described breach of contract by the Defendant, Plaintiff has suffered
damages in an amount to be proven at trial but thought to be in excess of Four Hundred
Thousand ($ 400,000.00).
15
. 72. Plaintiff has been required to bring suit to protect its interests when such suit could
potentJally have been avoided or eliminated by Defendant and its staff simply .
.
communicating with Plaintiff as requested. Since Defendant did not, Plaintiff has therefore
been required to incur the attorney's fees, costs and e~penses of litigation to protect its
--
significant interests. Such monies should be reimbursed to Plaintiff under such laws, statutes
or equity as may be allowed.
WHEREFORE, the Plaintiff asks for an entry of Judgment against Defendant, an award of
damages, together with an award of costs, fees, and such other relief the Court deems just and
proper.
Michael R. Barnes, Attorney
LAW OFFICES OF MICHAEL R. BARNES, P.A.
Florida Bar Number 0906565
Attorney for Hangars On, Inc.
80 I Whitehead Street
Key West, Florida 33040
305-296-5297
16
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AIRPORT PROPERTY AND FACILITIES . Marathon AirpOC't
2.2 .l MQnroe COWl!,. Flatid.
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113 39t1d L99968lSI3E El:n ll3l3l1l3 III I
-rhe tenan;t 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 exduded 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 exduded from participati'on in, denied the benefits of,
or be otherwise subjected to d,iscrimination, (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, Departm~nt of Transportation, Subtitle
A, Office of the Secretary, Part 21, Nondiscrimination in Federany 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. "
Airport Protection
"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 aim-aft, 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 R~gulations, 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. n
Property Rights Reserved
"l)lis 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 "nconsistent with the
terms and conditions contained in the lease of said. 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 Airport Owner pertaininq to the MARATHON Airnort"
1996 Edition
GENERAL UABILITY ;jj"
~
- 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 D~age
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