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01/20/1994 Agreement AGREEMENT THIS CONTRACT OF LEASE is made and entered into this ~O+h day of ::Jo.V\u..~, 1994, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as Lessor, and ISLAND CITY FLYING SERVICE, INC., a corporation organized and existing under the laws of the ;:::, C-i- ~ - ~l - -'-'r,,! .~ c:..... ,~ c:: z ..... - - 0'- State of Florida, hereinafter referred to as the C~pany. w z WIT N E SSE T H: z ;J:::: 0::> WHEREAS, Lessor owns an airport known as the K~ west International Airport located in Key West, Monroe County, State of Florida, hereinafter called the "AIRPORT"; and WHEREAS, the Company is a corporation primarily engaged in commercial aeronautical activities and the general activities of a full service fixed base operation; and WHEREAS, the conduct of quality fixed base operator services as hereinafter set forth is advantageous to the operation of said "Airport" for public airport purposes; and WHEREAS, Lessee desire to obtain certain rights, services and privileges in connection with the use of the Airport and its facilities; and the Lessor is willing to grant and lease the same to Lessee on a non-exclusive basis upon the terms and conditions hereinafter stated; NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, Lessor does hereby grant and lease unto Lessee, and Lessee does hereby hire and take from Lessor, certain premises, facilities, rights, licenses, services and privileges in connection with and on the Airport, as follows, to-wit: 1. PREMISES LEASED. The Lessor does hereby lease to the Lessee that space as marked on Exhibit "A", "B" and "C" attached hereto and made a part hereof at the Key West International Airport located in Key West, Monroe County, Florida, in accordance with the terms and conditions as set forth in this Agreement. Parcel A shall hereinafter be referred to as General Aviation Parcel. In space marked on Exhibit "B" shall be referred to as the Fuel Farm Parcel or Parcel "B", and the space marked on Exhibit "C" shall be referred to as the additional General Aviation Parking Apron or Parcel "C". Said parcels shall collectively be referred to as the Demised Premises. 2. USE OF THE AIRPORT. Lessee shall be entitled to use, in common with others authorized to do so, the Airport and appurtenances, together with all facilities and equipment. 3. COMMERCIAL AVIATION USE AND PRIVILEGES. The Company shall have the non-exclusive right in connection with its use of the lease premises and subject to the conditions provided in this Lease Agreement and/or contained in the Monroe County Minimum Standards for Fixed Base Operators, as amended from time to time, to engage in the following commercial aviation activities: a. The unloading and loading of aircraft in any lawful 2 activity as incidental to the conduct of any services or operations outlined in this section. b. The maintenance, storing and servicing of aircraft which shall include overhauling, rebuilding, repairing, inspecting, licensing, flying, purchasing and selling including parts, equipment and accessories thereof. c. The sale of aircraft fuels, lubricants and propellants at the Airport. The sale of said fuel, lubricants and propellants at any locations shall include the right to use vehicles necessary for the servicing of aircraft provided they are operated in accordance with reasonable rules and regulations established by the Lessor. d. The operation of a business of buying and selling new or used aircraft, aircraft parts and accessories thereof and aviation merchandise and equipment of all descriptions either at retail, wholesale or as a dealer or distributor. e. The rental of aircraft. f. The cperation of air transportation and/or charter services for the transportation of passengers, cargo and mail. g. The operation and sale of air taxi, ambulance and sightseeing services. h. The operations and sale of aerial surveying, photographic and mapping services. i. The operation of flight instruction services in accordance with Federal Aviation Administration standards. 3 j. The maintenance of coin-operated vending machines on the leased premises. k. Any other aeronautical activity, of any category, permitted by the Minimum Standards for Fixed Base Operators, as amended from time to time, upon the conditions stated therein. If Lessee desires to engage in a legitimate aeronautical activity not provided for in the Minimum Standards for Fixed Base Operators, it shall apply in writing to the Lessor for an amendment to such Standards, and such Standards may be amended to allow, with appropriate conditions, any legitimate aeronautical activity which will not be adverse to the public interest or the safe and efficient operation of the Airport. 4. GENERAL RIGHTS AND PRIVILEGES. The Company shall enjoy the following general non-exclusive rights on the Airport premises subject to the conditions provided in this Lease Agreement and/or contained in the Minimum Standards for Fixed Base Operators, as amended from time to time: a. The general use of all public facilities and improvements which are now or may hereafter be connected with or appurtenant to the Airport to be used by Company for the general aviation commercial activities contemplated hereunder. For the purpose of this Lease Agreement public airport facilities shall mean all necessary landing area including but not limited to approach areas, runways, taxiways, aprons, aircraft parking areas, and all roadways, sidewalks, navigational aids, lighting facilities or other public facilities appurtenant to the Airport. Such use of 4 public facilities by company shall be in all ways and at all time subject to control by the Monroe County Director of Airports or acting Airport Director, as well as all applicable laws and Federal Aviation Administration rules and regulations. b. The right of ingress to and egress from the demised premises over airport roadways including the use of common used roadways subject only to such reasonable rules and regulations as may be established by the Lessor and its Director of Airports. c. The right to install, operate and maintain, repair and store on the leased premises all equipment necessary for the conduct of Company's business, including identifying signs which shall be subject to the written prior approval of the Lessor in the interest of safety and convenience of all concerned, which approval shall not be unreasonably withheld. d. The use in common with others of the public airport parking area for automobiles and/or aircraft subject to revenues imposed generally, control by the Director of Airports and all applicable laws and Federal Aviation Administration rules and regulations. e. The Company shall not exercise any rights or privileges described in this section of this Lease Agreement in any manner which, in the opinion of the Director of Airports, restricts in any way the exercise of the same rights by others. Company shall use its own leased premises, whenever practical and feasible, for automobile and aircraft parking. 5. MINIMUM REQUIRED SERVICES AND INVESTMENT. As part of the 5 consideration hereunder, Company shall, when and as requested, provide at a minimum those services, facilities, and functions required by the Minimum Standards for Fixed Base Operators, as amended from time to time, as conditions of each aeronautical activity engaged in by Company. 6. TERM. This Agreement shall be binding upon execution and the term and rents hereunder shall commence on January 1, 1994 and terminate on December 31, 2004. The Company shall have the option to renew this Lease for two (2) additional five (5) year terms on the same terms and conditions as contained herein with the exception of the base rent for Parcel A which shall be redetermined pursuant to Paragraph 42 hereof. 7. RENT. 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. Base Rent for Parcel A shall be computed at the rate of 11 cents per square foot per year for the 5.97 acres (260,053 sq. ft.) of land leased pursuant to this Agreement, less the acreage used as county easements. The Base Rent shall be 44 cents per square foot per year for the 5,625 square foot or 75' x 75' tract of land known as the Fuel Farm as designated on Exhibit "B". The Base Rent for the additional General Aviation Parking Apron shall be .11 cents per square foot per year for 35,955 sq. ft. 6 a. Regardless of the percentage increase in the National Consumer Price Index, the monthly rental payable hereunder shall be redetermined every year in the same manner as provided in the first paragraph of section 7. 8. FUEL FLOWAGE FEES. Lessor shall be entitled to collect, and Company agrees to pay as additional consideration under the Agreement, as amended by any future Addenda, all fuel flowage fees as are imposed generally by the Minimum Standards for Fixed Base Operators, as amended from time to time. The fuel flowage fee shall be Six Cents per gallon upon the effective date of this Lease Agreement and shall be paid by the fifteenth (15th) day of each month for each gallon of aircraft fuel received or bought by the Company at the Airport during the preceding month, less the number of gallons pumped that month into aircraft exempt from fuel flowage fees pursuant to agreement with the Lessor. An investment credit of One Cent per gallon shall be allowed to the Company until such time as the cumulative investment credit has reached the Company's investment which was necessary to initially bring the tanks and facility into compliance with FDEP and.EPA standards. The remaining dollars credited to Tenant from said percentage investment credit is $34,160.05 as of October, 1993. Once the Investment Credit has reached said amount, the Investment Credit of One Cent per gallon shall no longer be available , and the fuel flowage fee shall be six Cents per gallon. The Company shall provide to Lessor by the tenth (10th) day of each month a report of all aircraft fuel received or bought during 7 the preceding month and all aircraft fuel pumped into exempt aircraft during the preceding month, which report shall include copies of invoices supporting both amounts. Company shall authorize all of its suppliers to furnish to the Lessor any information required by the Lessor concerning fuel deliveries to the Company. The fuel flowage fee will be reviewed every five (5) years and may be increased to compensate for improvements made at the Airport that benefit the Company. 9. MAINTENANCE. The Company shall make its own arrangements for janitorial services including the care of interior and exterior maintenance of the areas and premises to be occupied under this Lease and all operating facilities installed or acquired by it. It shall make all repairs and improvements as may be necessary to maintain and keep same in good condition as at the beginning of this lease period or at the time of installation or modification, ordinary wear and tear accepted. 10. OWNERSHIP OF IMPROVEMENTS. It is agreed that title to all fixed improvements constructed hereafter on the leased premises by the Company shall at all times during the term of said Agreement remain in the Company. Upon termination, whether by expiration of the term, cancellation or forfeiture, said improvements shall become the property of the Lessor. Title to fixed improvements constructed by the Company on the Airport prior to the execution of this Agreement shall remain in the Company until termination. 11. UTILITY CHARGES. The Company agrees to pay for all utilities consumed on the leased premises, as well as its own 8 water, sewer and garbage pickup. Electr ici ty and water consumption shall be metered through instruments fixed in place. Any expense for installation of meters or for connection or similar charges shall be paid by Company. 12. PEACEFUL POSSESSION AND OUIET ENJOYMENT. The Company and its customers shall have, at all time,s the right of ingress, egress and a free access to the premises, and the Lessor guarantees to them the peaceful possession and quiet enjoyment thereof. The Lessor covenants that it will continue to operate the Airport as a public facility. 13. TERMINATION PRIOR TO EXPIRATION. a. The Lessor shall have the right to terminate this lease in whole or in part upon the occurrence of any of the following events: (1) Failure on the part of the Company to pay rent, fuel flowage fees or usage fees when due. (2) Filing by or the final adjudication against the Company of any petition of bankruptcy or the making of any transfer or general assignment for the benefit of creditors which has not been previously authorized by the Lessor. (3) The failure of the Company to perform or keep or observe any of the terms, covenants and conditions which it is obligated to perform, keep or observe under this lease after the expiration of any period of warning or ultimatum given by the Lessor to the Company to correct any deficiency of default. (4) The abandonment of the leased premises or 9 discontinuance of the business operations. (5) The failure of the Company to abide by the terms of any law governing its business or operations under this lease; rules and regulations of the Federal Aviation Administration; rules and regulations established by the Director of Airports; or a direct order of the Director of Airports concerning the movement or parking of aircraft or vehicles anywhere on the Airport or the relative rights, obligations and duties of the Company and other fixed base operators at the Airport. b. In the event of default of any of the above, except for a failure to abide by a direct order of the Airport Director or acting Airport Director concerning the movement or parking of aircraft or vehicles, the Lessor shall give the Company written notice specifying with particularity the nature of the alleged default or other ground for termination. The Company shall have fifteen (15) days from the receipt of said notice to correct any default; and the failure to so correct the default within fifteen (15) days shall result in absolute termination. Upon a failure of the Company to abide by any direct order of the Director of Airports concerning the movement or parking of aircraft or vehicles anywhere on the Airport, the Lessor shall have the authority to move, or to have moved, at the Company's sole expense (including any liability for such acts), any aircraft or vehicles impeding the safe, orderly, and efficient use and control of the airport premises and to take all other actions the Company has not taken, at the Company's sole expense, which are necessary to effectuate 10 the order or orders not complied with. Company agrees to pay such expenses within ten (10) days after being billed for same. 14. RATES AND PRICES. All rates and prices shall be established by the Company. However, they shall be fair and reasonable and in no case exorbitant and shall be subject to review by the Lessor. Reasonableness and fairness of prices shall be determined by whether they are comparable to prices charged for similar services or products of similar caliber or quality at other airports similarly situated. 15. ASSIGNMENTS. a. Except for sale or assignment of this lease to a bank or lending institution for financing purposes, no sublease, transfer or assignment by the Lessee of this lease or any part hereof or interest herein, directly or indirectly, voluntarily or involuntarily, shall be made unless such sub-lease, transfer or assignment is first approved by the Lessor in writing, which approval shall not be unreasonably withheld. Lessee shall not at any time assign this Agreement or any part thereof, nor sublet all or any portion of the leased premises herein without written approval of County; provided, however, that County shall not unreasonably withhold approval. The prohibitions above stated include assignment of this Agreement to any corporation with which Lessee may merge or consolidate or which may succeed all or any portion of the business of Lessee. b. The Lessor reserves the right prior to any assignment of this lease or any interest herein, or prior to possession by any 11 Mortgagee or Lessor of improvements of the Company through default by the Company, to approve any proposed Assignee, Mortgagee or Lessor of improvements of the Company, (collectively referred to in this paragraph as Assignee), which approval shall not be unreasonably withheld. The Lessor shall consider, in approving such proposed Assignee, the ability of such proposed Assignee to perform the duties required of the Company as set out in this lease, the financial ability and capacity of such proposed Assignee to meet the obligations requiredby this lease and the general reputation of the proposed Assignee in the area in which the proposed Assignee has done business in the past. No assignment of any kind or nature shall be valid until the same has the prior approval of the Lessor, and when such approval is granted by the Lessor, then, and only then, will the Company be released from the obligations required by this Lease Agreement. c. In constructing improvements on the leased premises the Company may be required to mortgage such improvements. In the event a default should occur in any of the terms of any such mortgage or other agreement encumber ing such improvements, the Mortgagee or Lessor of such improvements may have the right and option to take possession of the leased property and all improvements located thereon to the exclusion of the Company. Such right and option shall be subject to the conditions of approval as set forth in Paragraphs 16 a. and b, regarding the assignment of this lease, or possession by Mortgagees or Lessors of improvements. If for any reason said Mortgagee or Lessor does not take possession 12 after the default, the Lessor shall have the right to occupy and use such improvements itself or to enter into any agreement or agreements with other persons or parties as to their uses subject only to the payment of any monies owed and outstanding against such improvements. In the event the Lessor should not elect to so take possession of all improvements located thereon as set forth above, the Lessor or any Mortgagee of such improvements under default as the case might be, shall have the right to remove all of said improvements from the leased property without obligation to the Lessor or damage to the leased property or any other Airport property. 16. EMPLOYEES OF THE COMPANY. The Company shall, if so directed by the Lessor in writing, require its employees who come in direct contact with the public on the Airport to wear a uniform or badge by which they may be known and distinguished as employees of the Company. 17. FEDERAL, STATE AND LOCAL LAW. The Company shall comply with all federal, state and local laws, county and local ordinances, rules and regulations now and hereafter in force which may be applicable to the operation of its business at the Airport, including the Minimum Standards for Fixed Base Operators, as amended from time to time. 18. PAYMENT OF TAXES. The Company shall be liable for any and all taxes, penalties and interest herein assessed, levied or charged by any governmental agency against the Company's tangible personal property situated on the Lessor's premises and ad valorem 13 taxes, if any, assessed against the Company's leasehold interest under this Agreement. However, Company shall not be deemed in default of this obligation pending the outcome of any legal proceeding by it contesting such tax liability. 19. FIRE LOSS - INSURANCE. The Company shall replace any buildings or facilities destroyed by fire and return them in predamage condition so that the replacement will be equivalent in value to the original facilities. Lessor shall permit a proportionate abatement of rent during a reasonable time for the repair or replacement of such buildings or facilities. The Company agrees to supply at its own cost and expense fire and extended coverage of at least 80% of the value of the property and to maintain hangar keeper's liability coverage with insurance companies approved by the Lessor. 20. WORK STOPPAGE OR STRIKE. In the event operations of the Company are substantially curtailed or interrupted for any reason beyond the control of the Company, including employees strikes against the Company or damage to or destruction to the assigned premises by fire or other casualty including war, civil insurrection or act of God, such condition shall operate to relieve the Company of its obligations to pay charges and fees required under this lease by creating a moratorium on payments to the extent of and in the same proportion as Company's operations are curtailed or interrupted; provided, the Company shall at all times use its best efforts to prevent, minimize, or remedy such curtailment or interruption. 14 21. WAIVER OF PERFORMANCE. Failure of the Lessor to insist in anyone or more instances upon a strict performance by the Company of any of the provisions, terms, covenants, reservations, conditions or stipulations herein shall not be deemed to have been made, in any instance, unless specifically expressed in writing by the Lessor as an amendment to this lease. 22. NOTICES TO THE LESSOR AND THE COMPANY. Notices to the Lessor shall be sufficient as sent by certified mail, postage prepaid, addressed to the Monroe County Board of County Commissioners, c/o County Administrator, 5100 College Road, Wing 2- PSB, Key West, Florida 33040, and notices to the Company shall be sufficient if sent by certified mail, postage prepaid, addressed to the Company at the leasehold address set forth in this lease or to other respective addresses as the parties hereto may designate in writing from time to time. 23. STANDARDS OF SERVICE. It is expressly understood and agreed as a condition of this Agreement that the Company, its tenants and sublessees, shall conduct a first-class commercial aviation service adequate at all times to meet the reasonable demands for such service on the Airport, in accordance with the Minimum Standards for Fixed Base Operators adopted by the Lessor and as amended from time to time. The Company, its tenants and sublessees agree to conduct said business in a proper and courteous manner, to furnish good, prompt and efficient services at all times and to provide at a minimum and at all times during the term of this lease. In the event the Company fails to perform its duties 15 in accordance with this section and to the reasonable satisfaction of the Lessor, then the Lessor shall so inform Company in writing describing the particulars of the unsatisfactory performance and giving the Company a thirty (30) day period within which to correct the conditions to the satisfaction of the Lessor. In the event the Company fails to correct the default, the Lessor reserves the right to terminate this Agreement thirty (30) days after the written notice to the Company hereunder. 24. INDEMNIFICATION. a. The Company agrees to indemnify fully and save and hold harmless Lessor, its officers, agent and employees from and against all loss of damages, claims, liabilities and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorneys fees connected therewith and the expense of any investigation thereof based upon or arising out of damages or injuries to third persons or their property to the extent they are caused by the negligence of the Company, its officers, agents or employees. Lessor shall give the Company prompt and reasonable notice of any such claims or actions and the Company shall have the right to investigate, compromise, and defend the same to the extent of its own interest. b. The Lessor agrees to indemnify fully and.save and hold harmless Company, its officers, agents and employees from and against all loss of damage, claims, liabilities, causes of action of every kind or character and nature as well as costs and fees including reasonable attorneys' fees connected therewith and the 16 expenses of the investigation thereof based upon or arising out of damages or injuries to third persons or their property to the extent caused by the negligence of the Lessor. Company shall give to the Lessor prompt and reasonable notice of any such claims or actions, and the Lessor shall have the right to investigate, compromise, and defend the same to the extent of its own interest. c. Company agrees to carry and keep in force comprehensive general liability insurance covering personal injury and property damage and such other insurance as may be necessary to protect Lessor herein from such claims and actions set forth in the above indemnity clause. The limits of said insurance shall be as required by the Lessor's standards for Fixed Base operators, as amended from time to time. The Company shall furnish the Lessor with proper certification that such insurance is in force and will furnish additional certif icates as evidence of changes of such insurance. d. Lessor agrees to carry and keep in force public liability insurance covering personal injury and property damage, and such other insurance as may be necessary to protect Lessor herein from such claims and actions aforesaid. Lessee agrees to carry and keep force such insurance within minimum limits of liability for personal injury in a sum not less than $300,000 for anyone person, and $500,000 for anyone accident; and for property damage in a sum not less than $200,000; and Comprehensive General Liability coverage with combined single limits for bodily injury and property damage in the amount of $1,000,000; and to furnish 17 Lessor with proper certificate certifying that such insurance is in force. Lessee shall carry its insurance coverages with insurance companies authorized to do business in the state of Florida. 25. NON-EXCLUSIVE RIGHTS. It is further covenanted and agreed that nothing contained in this Agreement shall be construed to grant or authorize the granting of any exclusive right within the meaning of section 308 of the Federal Aviation Act of 1958. 26. GRANT AGREEMENTS. The leased premises and the Airport are subject to the terms of those certain sponsors' assurances made to guarantee the public use of the airport as incident to grant agreements between the Lessor and the united States of America as amended and the Quit Claim Deed from the united States of America, predecessor in title to the leased premises. The parties represent that none of the provisions of this Agreement violate any of the provisions of the sponsors' assurance agreement or said Quit Claim Deed. 27. RIGHT TO DEVELOP THE AIRPORT. It is further covenanted and agreed that the Lessor reserves the right to further develop and improve the Airport and all landing areas and taxiways as it may see fit regardless of the desires or the views of the Company and without interference and hindrance provided, however, that such development or improvement does not adversely affect Company's use and occupancy under this Agreement. 28. NON-DISCRIMINATION. The Company for itself, its personal representati ve, successors in interest and assigns as part of consideration hereof, does hereby covenant and agree, as a covenant 18 running with the land that: 1. No person on the grounds of sex, age, handicaps, race, color and national origin, from participation in, denied the benefits be subj ected to discrimination in the use physical excluded otherwise facilities. religion, shall be of, or of said 2. That in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from the participation in, denied the benefits of, or otherwise be subjected to discrimination. 3. Company shall use the premises in compliance with other requirements imposed by and pursuant to Title 49, Code of Federal Regulations Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally assisted programs of the Department of Transportation, Effectuation of title 6 of the civil Rights Act of 1964, and as the regulations may be amended. 29. RIGHT TO AMEND. In the event that the Federal Aviation Administration or its successors require modification or change in this Agreement as a condition precedent to the granting of funds for the improvement of the Airport, the Company agrees to consent to such amendments, modifications or requirements of this Agreement as may be reasonably required to obtain such funds provided, however, that in no event will the Company be required pursuant to this paragraph to agree to an increase in the rent provided for 19 hereinunder; or to agree to a reduction in size of the leased premises or to a change in the use to which the Company has put the leased premises (provided it is an authorized use hereunder) without an adjustment in rent. 30. REGULATIONS OF THE LESSOR. The occupancy and use of the Company of the leased premises and the rights herein conferred upon the Company shall be subject to the Lessor's Standards for Fixed Base Operators, as amended from time to time, and to valid rules and regulations as are or may hereafter be prescribed by the Lessor through the lawful exercise of its powers provided, however, that no such rule or regulation or standard shall be of such nature as to interfere with or cause any derogation or infringement with or upon the rights and privileges herein in this agreement granted to the Company. The Company shall be given advance notice of any proposed change or addition to such rules or regulations and an opportunity to be heard thereon. All the terms, conditions and covenants of this Agreement shall inure to the benefit of and be binding upon he successors and assigns of the parties hereto. 31. CONSTRUCTION OF AGREEMENT. This Agreement is made in and shall be construed in accordance with the laws of the State of Florida. All duties, obligations and liabilities of Lessor and Company with respect to the leased premises are expressly set forth herein, and this Agreement can only be amended in writing and agreed to by both parties. 32. RECORDING. This Agreement when executed and delivered 20 will be recorded in the Public Records, Monroe County, Florida, and cost of said recording shall be paid for by the Lessor. 33. WASTE. The Lessee agrees to commit no waste nor permit any waste to be committed to the leased premises, and Lessee shall keep the premises at all times in a clean condition, free from the accumulation of trash and other waste materials, and shall protect said premises from any and all fire hazards and surrender the same at the termination of this lease in as good condition as they now are, ordinary wear and tear and damage by the elements excepted. The Lessor shall have the right at any time to enter upon the leased facilities for the purpose of inspecting same. 34. NON-INTERFERENCE. The Lessor may at any time during the effective period of this lease enter into contracts with any passenger or freight-carrying airlines for the use of the Airport facilities, or with other fixed base operators, and nothing herein contained shall be construed to preclude the Lessor from so doing, and the Lessee agrees to cooperate with the Lessor and with any and all airlines contracted with by the Lessor for the use of said airport facilities in a manner so as to encourage and not to in anyway interfere with the use of the said Airport facilities by any airline operating there or by other fixed base operators. 35. LITIGATION EXPENSES. In the event either party is required to enforce any of the terms of this Agreement against the other party, the defaulting party shall pay all costs and expenses applicable thereto, including reasonable attorneys' fees, whether initial court, appellate court, or any other proceeding. 21 36. INTERPRETATION. This Lease Agreement shall be interpreted and enforced in accordance with the laws of the state of Florida, and the unconstitutionality or unenforceability of any part hereof shall not affect the enforceability of any other part. 37. OTHER FIXED BASE OPERATORS. The Lessor agrees that it shall comply with the provisions of 49 USC S1718(a) (1), with all FAA rules, and with all other laws, rules or regulations concerning entering into contracts with other fixed base operators on terms more favorable than those herein granted. No lease agreement for a similar fixed base operation on the Airport shall be entered into by the Lessor with any other person, firm, corporation, or partnership on terms which are more advantageous or upon conditions less stringent or at a lower rental for comparable lands and buildings than for those herein devised, in accordance with 49 USC S1718(a)(1). 38. NON-COMPETITION BY LESSOR. The Lessor agrees that it will not itself provide any of the services herein contracted for, nor otherwise enter into competition with the Company's business herein authorized, unless and until this Agreement has been breached by the Company and has been declared in default and terminated by the Lessor. 39. PARCEL C TERMINATION. The Lessor reserves the right to terminate this lease only as to the additional General Aviation Apron parcel as described on Exhibit "C" with thirty (30) days written notice to Lessee if the Lessor determines that the lease of the additional General Aviation Apron parcel is a violation of FAA 22 directives concerning competition opportunities for additional FBOs. In the event the Lessor exercises the right to terminate this lease as to the space described on Exhibit "C", all other provisions of this lease shall remain in full force and effect except those provisions specifically regarding the space described on Exhibit "C". 40. REDETERMINATION OF RENT FOR GENERAL AVIATION PARCEL DESCRIBED ON EXHIBIT "A". In the event the Company exercises one or both of its options to renew this lease for an additional term as provided in Paragraph 6 hereof the base rent for Parcel A the General Aviation Parcel shall be adjusted to reflect a fair rental on the leased Airport land. Fair rental value is a market based concept established by appraisal then multiplying the appraised value by ten percent (10%) (eg, if the appraised value is $100,000, the annual fair rental value will be $10,000). In determining the fair market value the parties agree that an appraisal shall be based upon usage of the land by a fixed base operator as opposed to the highest and best use appraisal method. It shall be the Company's responsibility to obtain and pay for said appraisal. 41. The Company's right to exercise the two (2) options to renew referred to in Paragraph 6 above shall be conditioned upon the Company making capital improvements during the initial term, i.e., ten (10) years, of this lease in an amount not less than $269,000. These additional improvements shall not be included in the appraised value for Rent Redetermination in Paragraph 42 above. 23 IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals on this, the day and year first written above. BY: ~ COUNTY OF (SEAL) Danny L. Kolhage, Clerk Attest: ~ c. ~)t1~ CLERK ,/ BY: ING SERVICE, ( SEAL) Attest:_ ~ ~/ SE~ c:\wpwin\wpdata\icfs.lse ,(..,' ,f,.i ", ~:J r'Oh'l 1.:~iVC ';~l AttomoY'$ Officii 24 t f ... JAN 11'94 11;31 No.007 P.12 ... JliI~~W,:j..:"'~ '1 .. . .' ~'..r.., .1.... ..:e:'. r ' . ., .-.,.. I' I~ ..~ . , " , .'. . 't';"':;-'" '~"'~"""" ~.". . . .. 'T- ... .., ~'.'" '.' , "I'- .'.....1 ...,0 \...( ,::\: .....jV~ ,'~f ,~.,t~'l' . \:.~ "I~':,,~.: .\:,. . l!!...... 'l . ..,. f: .. , . · . ~ ....., . '. . t . ~;.. ./ ~ ,. . " " ;. .. l..' ..~.;,.', ...' , .......,.... . f ,.... .'! ~ . · ~. . '. @.,...~.;~. . ,.'. .'. ,r .~.. .:.:.t. . .~;..l't.-~. 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'" ~:~. --. ;';' /"'~:~~"'~~~ !'," , :',-1. ~..,~.,. ..... . ... 4. ~.. .. ~,~ .~. i ~ . .. !\ . .' ,., \ ~ . . .' . ;,'. ..\.f..:' :~'" .. 1 . .... .. " parcel' .fland, vlthl..:D1. \11ft DrrIIMTtOllAJ. AUI'Oa . prope~tJ locatod 'on,ehe hl&ft41 .f "., Vian. liioi\.-00 eo.C7~' ~..'101'1.~., ~.,~nl :~ra.~,.rdc\l~.rlJ doul'lbed .. fol.l~~...;.....~V "., 'oi OOHHPCI at" the> Point' of ,.,1nn!."1 of OT WST 'tJrrKlU~TIOlW. .'" t.",', ......laPOCl' pnpert" loc.ted at the nontMtl'tl eun 11ne 01' p',.. 'jJ~~'\'''''l::Io''tIVIoO...,.lt Ioul..,...tI, 11'::; 74 "'OJ"V 11ft' '7..M~" . .....1-. '''.: ... f..":..Ii.C1l.V. t,' AnII Cor,. of i..... IdO'tODOe... 1~".: r.' '{ ~~:~~H~~cat~d ae .ald lout ~o..nlt Iou~~~~;:....,'\:' :~. ~".'Ol S5'U"V'a1onl tho property u'n..lft...U.I.I'f.. . ~.,JIlftUATlONAL ,UUOI.T for 436.14~ feet to a r!1aC;'~' poiAt"Mln.' tM POUlT or '&Gmt" of th."parcel orLl-.', ,~ ..;,..... rel~'.b.l"l,d"c~.S.~d; .... 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" ..~~ . ~t'1t. !.'!'hllm'cc tW\ H 89 38'4o"r.;alon& a Uno 125.00 teet South and -:'~.t. 1 ~~ parallel with the center Un. of TAXIWAY "A", tor 550,67 ,:,~~~ ,r. ~. .~ feet.,to,. j)oint. 'I'" ........ ";". .: . ....Jj.. .~. ",.' ..~'1It.... ,..~.... T:' ,. ,'*. ." . . '. -'\"... ~. 'i' .,l1.henc.....run S OO'21'14"r.,'slMg (l line 225.0n' feet Ioiett"and 'f,':) .. , ':.l.:..':.":;2anU&ll with the c~nt~t_l,1ne. ol ~AX1WAY:,"I":. for ~3. 12 ;i.~~.t. ~~i~ .(J!;OIt~ t~. a point; ;', f, ' .~. ,.' . . '''~.' "I..~~ .'.;,.. '.~ ,,~,~,~I;, ',( \ .~'." "'1Ii...,.' .': " r.. . J, ....~ . l' ,;' ':~', ,.. 'l'h~C~~l'\Ift. ~Sj89 Sl.~ 30"W ,. for, 101,93 t..t' to. a' p01D~ l '~'~';~:!"."'~.'~': ~i' .~. "~j~I'M....~..,,""' ~... I. .' '. . . l~ '.*,ll~{~.a;,t'~.c;~~~SJ:~1~09 ',26"& '. fo,~ \ 69,0() feet to.~. point,;~\.'/ ~~~;. ~:-;~. ":>',~.';,~'''.~ThQn-CQ run-S_88..s0',36"14, fo"C lu6,99 feet: to . pt/1nc; ,t...,. .. ).,~. .~..~ ...... t 1.- :-..: ...... ( ... -.. ' .. '..- ~~. 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' .. = ~ ~ . o z " ~ 0 n " ,.. 0 0 - )C 'K (It - ( . . . ,ell J: 'm . ~.- . ~ \,: 0 ., ... ,.. - " ~ z n rn Q - c > > rn ,.. :D .. ~ :II ~ 0 "' z Z :It ce (J) w - '"0 0 g Z 0 . " . . J, ::! ~ . 'I,~ .. 0 " :III z il 0 OJ J.~ 'Z ~ -f . . ~ ~ 0 Z Parcel. "I),:" '":,:' ". On 1 y .( 10) , :: .' :.~ 2?21~01 PQr;!'C e:4 COUI'l i 'r i ..L.Su:,,-,-'j...-~~vi ..;r-i__.~ ~... ... . . ..... -- "- c .' :. ~J . " , . -..;: :', " '~ ~~...,~ ",.; I,. .yl......T CO"".UGTlO" AND "ALCOATlie~ '~ I .~ . ,.,~ /0 ~ ., I~ \ . . LLOW IUllftll ~., ..~(J $D I... ""'. At: . ,,' . In# OC-3 F-28 (1000 10 4000) SF-3CO EMS- t to ~ f :\' "I J;- ~ ~ . J;- ~ . t ,. !=- IIVt. . r " " . 6EECHCRAFT 18 , .11 CARGO APRON. I .: Q I 'f :\ FEDERAL AIR OARGO I' I ~PRE" AMERICA . EXIST. GA T~ AJIt CARGO 1T0""8' .A OffiCI 'UIt.DIHG "" I PED STRIAN GA n 'L~GEND I I .,/ EXHIIIT IIC. - Parcel Me" East General Aviation Ramp ?~ 2?2 4401 PQSE,2:: . ~ , s .~ MONROE COUNTYY 1D:305-292-4401 JAN 11 '94 11:37 No.G07 P.l? ^twll U. 199.l ,. l'rirllint\ r" .... CENlRAL LIABIUTY INSURANCE REQUIREMENTS FOR CONTRACf o ElWEEN MONltOE COUNTY. FI..ORIDA AND ,. .... Prior to tho commencement of work govemed by this contract, the Contractor shall obtain General Uability Insurance. Coverage Ilhall be maintained throughout the life ofthe contract and include. as a minimum: · Premises Operations · Product. and Completed Operations · Blanket Contractual Lillbi/ity · Personal Injury Liability · Expanded Definition of Property Damage The minimum Jimits acceptable shaH be: $1.000,000 Combined Single Limit (CSL) Ifsplit limits aro provided, the minimunllimits acceptable shall be: S 500,000 per Person $ 1,000,000 par Occurrence S 100,000 Property Damage An Occurrence Form policy is prercrrcd. If coverage is provided on a Claims Made policy, its r.roviliona should indudo coverage ror daimll filod on or after the effective date of this contract. n addition, the period for which claims Inay be reported should extend for a minimum or I wolve (12) months following the acceptance or work by the County. The Monr-oe County Board of County Commissioners shall be named as Additional Insured on all poliaCII issued to latialf the above requirements. 'l. "/ Mlllilli.....1vo IfIIIln-.1ion 14709.1 ou 56 JAN 11 '94 10:42 305 292 4401 PAGE. 019 MONROE COUNTYY 1D:305-292-4401 JRN 11' 94 ( ... ... AIRPORT LIABILITY AND IIANGARKEEPERS LEGAL UADII..ITY INSURANCE REQUIREMENT 'OR CONTRACT DE'IWEEN MONROE COUNTY, II'IAJRJDA AND 11:36 No.GO? P.:S ..I 22. ,,,) 'II rrn.. Rccoynizing that the work governed by this contract involvt$ the repair. servicing. maintenance. , fueling. or stora~ of aircraFt, the Contractor win be required to purcha.'IC and maintain, throughout tho lire ofthc contract, Airport Uabilily and Hangarkeepors Legal Uabilily Insurance narning tho Monoro County Board of County Commissioners as Addilion8nn~urcd. The minimum limits ofJiabilily shall be S500,OOO. ~ '- -. "t/ '- Mmilll...t,.,. httu4.1_ ....7n9.. IIKL2 6Z JAN 11 '94 10:42 305 292 4401 PAGE. 018 MONROE COUNTYY ID:305-292-4401 JAN 11' 94 11:36 No.GO? P.16 Aft' U. I99J ...rrw"", p WORKERS' COMPINSA TION INSURANCE REQUIREMENTS 'OR CONTRACT " BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work ~o\lcrned by thi. contract. tho Contractor...... obtain Workers' CompenJation lnlUtance ~th limit. sufficient to rc.,pond to the applicable state statutes. In addition, tile ~ohtrad.Ot shall obtain nmpl()yer~1 Liabi.ity 'nsurance with 'imits or not less than: $1.000,000 Bodily I~ury by Accidcill S 1 ,000,000 BodDy InjUry by Dil'Cllse, policy lim;ts SI,ooo.ooo DodDy Injury by Disease. eadt employee Coverage shall be maintained throughout the entire term of the contract. Coverage shaJl be pro\lided by a company or companies 8ulhorized to transact business in t'le state of Florida and the company or companies must maintain a mjnimum rating of A.. VI, as assigned by the A.M. Best Company. ,. .rthe Contractor has been approved by the Florida", Department of r....'bor. II an aullaoriT..cd self- " insurer, the County shaff recognize and honor the Contractor'a Itatus. The Contractor may be required to IlUbmit a Letter of Aulhorb:.ation issued by the Department or Labor and a Certincale of Insurance. providing detaits on the Contractor's Excess Insurance Program. If the ContraClor participates in I soIf-insurance fund. . Certificate of Insurance will be required. In addition. tho Contractor may be requited to submil updated financial statomenta ft'om tli. fund upon request from the County. .' " '-. AcfmWllf'lt.... ~_ 14'109.1 we3 Xl JAN 11 '94 10:41 305 292 4401 PAGE. 016 1D:305-292-4401 JAN 11' 94 11:36 No.CO? P.1? MONROE COUNTYY ,.r . .... ^""' U. IW) 11111*.. . VEIIICLI LIADII..ITY INSURANCE REQUIREMENTS JrOR CONTRACT DE"JWICEN MONROE COUNTY, rrLORII)A AND Rcco8ni7Jn8 that the work governed by thit contract requires tho use ofvehicfe."I, tho Contractor. prior to the commencement of work. shall obtain Vehicle Uabilit~ Insurance. Coverage shatl be maintained throughout the life ofthc contract and include. as a mtninluan. liability eoverage fhr: · Owned, NOh-Owned, and Hired ,Vehicles .' f' "- The minimum limits acceptable shafl be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000.000 per Occurrence S 100,000 Property Damage Tho Monroe County Board ofCOunly Commissioners .haJI be named as Additional Insured on all. policIes Is.ued to atisry the above requirements. . ., ."~I , '-- Adlniltilllmllft 11IUudia. "'709.1 VL3 71 JAN 11 '94 10:41 305 292 4401 PAGE. 017 ~~~~~6~~~~~~~~~~~~~6~~~~~~~~~&~~~&~ft~~~~ ~ ~trttftcatc of JnsoraRcc = = THIS IS TO CERTIFY that the Insured set forth below is at this date insured with the Company(ies) as indicated under ~ ~ Policy(ies) described in the following schedule. ~ ~ Named Insured ISLANV CITY FLYING SERVICE, INC. ~ ~ Address of Insured 3471 S. ROOSEVELT BLVV., KEY WEST INT'L., KEY WEST FL 33040 ~ ~ Company PHOENIX AVIATION MANAGERS, INC. ~ ~ Policy Number AP'2.3'2.709 ~ ~ Effective Date MCUtc.h '2. 0, 19 94 A~P~~VfO BY RlSf< M~N~GrMf.NT ~ ~ Expiration Date MCUtc.h '2.0, 1995 BY \ ". ,e~ ;(A- w ~ Aircraft Covered -------------- ~ ~ COVERAGES TY ~ ~ ~ ~ >- A - Bodily Injury Liability $ ~~h pelsofi ~ ~ 5 Excluding Passengers $ each occurrence ~ ~ ~ $ each person ~ ~ ::i B - Passenger Bodily Injury Liability $ each occurrence ~ ~ G: C - Property Damage Liability $ each occurrence ~ ~ ~ ~ ~ ~ D - Single Limit Bodily Injury and ~ .... Property Damage Liability ~ ~ ~ ; _ cluding Passengers $ each occurrence ;; ~ ...:l less $ deductible ~ ~ ...:l Not ]n Motion ~ ~ ;:l::c F - All Risks . $ ~ ~Recelved less $ deductible W ~ RISk M. In MOIion ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ = This certificate is issued at the request of MoYI/toe. CountW AiJtpoJ1..;/: AuthoJU-ty Attvt: A. R. Sk.e.ily ! ~ whose address is 3491 S. Ro0.6e.ve..U Btvd., Ke.{f We..6:t, FL 33040 ;; ~ 4llhom- tW' -tl~I'ee':"if ~H~e- f<rHffli/)'" - - --- -- - - - - --- - - - - -dtJ.y~ HefHI'e-dfflt'-ttfGt:tttfftlt:tt~ tf~t'r !ffttJttkJ-be-ffi11- ~ ~ .H!.IJ.r!4,. but-ll:1(!. (;~mpflWrf H>-ii }-.~./.l~ ~uH9l@o i.n.~fl.y-f~ faiHl-F@o-to-RiW!-SU€R -#BUFth ~ ~ ADDITIONAL AGREEMENTS ~ ~ P~odu~ Liability - Bodily Ivtjuny - $'2.00,000. e.ac.h pe.h40vt, $500,000. e.ac.h ~ ~ oc.c.unne.vtc.e., $500,000. avtvtuat agg~e.gate.. ~ ~ P~ope.n:ty Vamage. - $'2.00,000. e.ac.h oc.c.unne.vtc.e., $'2.00,000. avtvtuat ~ ...~ agg~e.gate.. w ~ HavtgCUtk.e.e.pe.h4: $500,000. avty Ovte. cWtcJtafi;t, $500,000. avty Ovte. oc.c.unne.vtc.e.. ~ = MoYI/toe. County AiJtpoJ1..;/: AuthoJU-ty avtd MoYI/toe. Couvtty BOCUtd 06 Commi.6.6lovte.h4 ..L6 adde.d ! ~ CL6 avt AdcUtiovtM In..6u!Le.d 60~ LiabJ.LLty wlih ~e.qCUtd :to vte.glige.vtt a~ 06 :the. vtame.d ~ ~ In..6 une.d. w = c.c.: PHOENIX A~ ~ = D.., ~~,:,ed May 9. 19 2L- By P~-Og~I~ATES It ~ AUTHOR]ZEDREPRESENTATIVE ~ pe;teJ1. E. 0' NeAll mh W = PARRISH-O'NEILL & ASSOCIATES, MOUNT VERNON, OHIO 43050 t ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ cc : >d"~?#~ ~~~~&ft~ft~~~~~~~~~~~~~~~~~~~~~~~~~~~ft~~~~ ~ ., €crttftcatc of JllJUrancc t = THIS IS TO CERTIFY that the Insured set forth below is at this date insured with the Company(ies) as indicated under ! ~ Policy(ies) described in the following schedule. W ~ Named Insured Is land City Flying Service, Inc. ~ ~ Address of Insured 3471 S. Roosevelt Blvd., Key West, FL 33040 ~ ~ Company PHOENIX AVIATION MANAGERS APPROVED BY RISK MANAGEMENT ~ ~ Policy Number AP 232709 - ~~ ~ ~ Effective Date March 20, 1994 ~;r:~ ~ ~ Expiration Date March 20, 1995 DATE W ~ A~~~ ~ ~ COVERAGES Ll ~ ~ ~ ~ .... A - Bodily Injury Liability $ each person ~ ~ 5 Excluding Passengers $ each occurrence ~ - ~ ~ $ h ~ ~ ..... eac person W ~ :s B - Passenger Bodily Injury Liability $ each occurrence ~ ~ t= C - Property Damage Liability $ each occurrence ~ ~ ~ ~ ~ ~ D - Single Limit Bodily Injury and ~ ~ ~ Property Damage Liability ~ ~ _eluding Passengers $ each occurrence W ~ ~ ~ ..J less $ deductible ~ .t.~ ..J Not In Motion ~ ; ~ F - All Risks $Received less $ deductible;; ~ " ".0.'. ....0 ." In Motion ~ ~ DA':'F u._. _~. each person ~ ~ t ~ Bodily Injury Liability $ each occurrence ~ ~ ~ ~ Property Damage Liability :,i~'!' I", $ each occurrence ~ ~ c:r::w ~ ~ <~ ~ ~ _ Single Limit Bodily Injury and Property $ each occurrence W ~ Damage Liability 1,000,000. ~ :Il TM",>,"ijicate ;, ;."u,d alth, "que.<' of Mo nro e Con nt y Ai rRo rt Ant h 0 r i t Y It ~ whose address is 3491 S. Roosevelt Blvd.. Key West. FL 33040 ;; ~ ~Rlm{lXlKl~OC'l.zXfiD..qff.i1lm}{lXlUxXXXXXXXXXXXxxxxxxxll~~rexttxmKtXkt1tilKYlt.J.rjJ'tC$YstJ.W1MXlX~}(l(-X ~ ~ ~~~~~:K~~R~R~~~~t~K~~~m~QtKx. ~ ~ ADDITIONAL AGREEMENTS ~ ~ Monroe County Airport Authority and Monroe County Board of Commissioners are added ~ ~ as additional insureds for liability with respect to negligent acts of the named ~ ~ insured. ~ ~ OHIO MANDATORY WARNING ~ ~ C c : P AM Any person who, with Intent to defraud or knowing that he Is facilitating a fraud against an insurer, submits ~ ~ Ins u red an application or Illes a claim containing a false or deceptive statement is guilty of insurance fraud, W ~ File ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Date April 13 19 ~ By ~ = Peter E. ~ ~ PARRISH-O'NEILL & ASSOCIATES, MOUNT VERNON, OHIO 43050 t ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~c. : ~~?U~ '" OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED IT IS AGREED THAT THE FOLLOWING IS HEREBY INCLUDED AS AN ADDITIONAL INSURED UNDER LIABILITY COVERAGES, BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS KEY WEST INTERNATIONAL AIRPORT 3491 S. ROOSEVELT BOULEVARD KEY WEST, FLORIDA 33040 ATTENTION: MR. A. R. SKELLY, DIRECTOR OF AIRPORT AND MONROE COUNTY AIRPORT AUTHORITY THE COVERAGE LIMITS AFFORDED HEREUNDER SHALL BE INCLUDED WITHIN AND NOT IN ADDITION TO THE LIMITS APPLICABLE TO THE NAMED INSURED. . Nothing herein contained shall vary, alter, waive or extend any of the terms, provisions, representations, conditions or agreements of the policy other than as above stated. This endorsenlent be~omes effective MARCH 20,1994 to be attached to and hereby made a part of Policy No. AP 232709 issued thru OLD REPUBLIC INSURANCE COMPANY, issued to: ISLAND CITY FLYING SERVICE, INC. 3471 S. ROOSEVELT BLVD. KEY WEST INTERNATIONAL KEY WEST FL 33040 valid unless approved by the Aviation Managers This endorsement shall not be of the company. Date of issue 03-24-94 ",'-"':/ Phoenix Aviation Managets, Inc. /-.~ PA201 (08-93) BY ORIGINAL .. . . .Florlda Retail FederatIon .~ Self Insurers Fund Board of Trustees W. "Bill" Kundrat, Jr., Chairman, Tallahassee George Sandefer, Vice Chairman, Gainesville Nis Nissen, Lakeland Thomas S. Petcoff, Lakeland Charles R. Wintz, Jacksonville CERTIFICATE OF INSURANCE ISSUED TO: This is to certify that Island City Flying Service, Inc. 3471 S. Roosevelt Blvd., Key West,FL 33040 being subject to the provisions of the Florida Workers' Compensation Act, has secured the payment of the compensation by insuring their risk with the Florida Retail Federation Self Insurers Fund COVERAGE NUMBER: 0520-13297 Statutory-State of Florida EFFECTIVE DATE: May 10, 1994 Employers Liability $1,000,000 (Each Accident) $1,000,000 (Disease-Each Employee) $1,000,000 (Disease-Policy Limit.) EXPIRATION DATE: January 1, 1995 REMARKS: This certificate is not a policy and of itself does not afford any insurance. Nothing contained in this certificate shall be construed as extending coverage not afforded by the policy shown above or as affording insurance to any insured not named above. \ Receivec i~L;k Mpt. & Loss Dfi:i'C _. '0 -:2 '3-' iT ... _ L.._. INr ";:AL ~ .()..~--- ---- -- r..PPROlJt~9YR~KMr..Nr..GEMENT - ~U ccf?t] C A O~ BY - ~ /; I ;l~ ~ DA1E _ d:< N/~ Y- _ vr<: w~1VE.R: t/~wt Is~~ Summit Consulting, Inc., Administrator F;m~lfda sYYfM Federation Self Insurers Fund Date "~ cc..~-~~ Admini~tered and serviced by Summit Consulting, IDe. P.O. Drawer 988 · Lakeland, FL 33802 · 'Thlephone 813-665-6060 or 1-800-282-7648 (Florida) · FAX 813-667-1528 PARRISH 0 U'N~lLL iLl: o14-,j'jL-U (~L 1'\Hi l'j 'j4 1':' ;41 \'11..1 ,1,)11 r ,1,)1 ,fbll,.1I 9~~fi)1/J&~~ f pE'I' ER O'NI!ILL . DAVID RIOO r. O. BOX 349 . MOU/IlT Vl:RNON. OHIO 43050 ,.El.EPliONE 6\4.997-11737 . TOLL FREE 000-75Z.970'.; . fAX 814.:192.0752 () ~ "..iff May 19, 1~94 Island City Flying Servioe Attn: Paul DePoo 3471 S. Rooeev.lt Blvd. Key West, FL 33040 Re. Policy' AP 232709 Dear Paul: Thi~ will confirm our conversation regarding the liability for any of your unlicensed vehicles including your fuel trucks and tugs. The liability ~or any unlicensed mobile equipment i. covered for liability under your premises policy. The limit of. liability for this coverage is $1,000,000. your premises policy 18 a comprehensive gRneral liability policy and covers any unlicensed mobile equipment that is owned or leased by Island City Flying Service. The policy however do.. exclude licensed vehicles suoh as your automobile or the automobile. of your employees. Sinoerely, PAR~O~SSOCi.tes p.ter E. O'Neill PEO.rh '4 ~. .- / -..... C ___- ISLAND CITY FLYING SERVICE, INC. KEY WEST INTERNATIONAL AIRPORT 3471 SOUTH ROOSEVELT BOULEVARD KEY WEST, FLORIDA 33040 PHONE (305) 296-5422 May 19, 1994 Kay Bahleda Monroe County Risk Management 5100 College Road Key West, FL 33040 Dear Kay: Enclosed please find a copy of our Workers Compensation Certificate of Insurance showing Employers Liability of $1,000,000.00. Also enclosed is a copy of a letter from Parrish-O'Neill & Associates explaining liability coverage on our unlicensed fuel trucks. Hopefully, I will be sending you a copy of our $1,000,000.00 liability policy on our licensed vehicles within the next couple of days. . OLD REPUBLIC INSURANCE COMPANY CERTIFICATE OF INSURANCE Date: MAY 19, 1994 Eff: MAY 17, 1994 This is to certify to: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 5100 COLLEGE ROAD KEY WEST, FLORIDA 33040 ATTENTION: KAY BAHLEDA ISLAND CITY FLYING SERVICE, 3471 S. ROOSEVELT BLVD KEY WEST INTERNATIONAL KEY WEST, FLORIDA 33040 O_TE INCWAIVER: That the following policies have been issued to: ITEM 2. Airport Liability Policy No. AP 2327 09 of the OLD REPUBLIC INSURANCE COMPANY. Policy Period: from MARCH 20, 1994 to MARCH 20, 1995 COVERAGE LIMITS OF Each Person $200,000. LIABILITY Each Occurrence $ 500,000. $ 500,000. $1,000,000. Bodily Injury (COMPLETED OPERATIONS Property Damage Single Limit Bodily Injury (PREMISES & PRODUCTS) and Property Damage Contractual Liability: Hangarkeepers' Liability: $500,000. EACH AIRCRAFT / $500,000. EACH LOSS DEDUCTIBLES: $1,000. ITEM 3. OTHER INSURANCE AS DESCRIBED: THE ABOVE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED, BUT ONLY AS RESPECTS OPERATIONS OF THE NAMED INSURED. This Certificate of Insurance neither affirmatively nor negatively amends, alters, or extends the coverage(s) afforded by the policy(ies) described above. The Aviation Managers have made provision for prompt notice to you in the event of cancellation of the above described policies but, except as otherwise stated in this certificate, the Aviation Managers assume no), egal responsibility for any failure to do so. ~ Phoenix Avi jdn Managers, Inc. pg By / ~~~ /' r AP128 (03-92) Receiv:,,(~ Risk Mgmt. & Loss Control DATE ~ -col~ --? Y [.'\T;'CIAL ~ . tJj::.. C.c . -A~'~ . w..;t- ~