Item H6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19. 2003
Division: Public Safety
Bulk Item: Yes l
No
Department: Marathon Airport
AGENDA ITEM WORDING: Approval of Lease Renewal Agreement between Monroe County and
Robert DeField and Robert Cayce, Tenants, for hangar space at the Florida Keys Marathon Airport, for
an additional five (5) year term, beginning November 1,2002 and ending October 31,2007
ITEM BACKGROUND: The original lease agreement for this hangar space was for the period
beginning October 1, 1997 and ending October 31, 2002, with an option to renew for three additional
five year terms by providing the County with written notice of their intent to do so thirty days or more
in advance of the term's expiration date. On October 31,2002, a letter was received, requesting to
extend the lease for an additional five year period. The attached Lease Renewal Agreement waives the
requirement to provide thirty day written notice, and extends the agreement for an additional five (5)
years, effective November 1, 2002,
PREVIOUS RELEVANT BOCC ACTION: On October 15,1997, Board approved lease agreement
between Monroe County and Charles Pierce and Bob Cayce for hangar space at the Marathon Airport,
On April 8, 1998, Board approved Assignment of Lease for hangar space at the Marathon Airport from
Charles Pierce to Robert DeField.
CONTRACT/AGREEMENT CHANGES: Term of the agreement has been extended for an
additional five-year term, effective November 1, 2002 and ending October 31,2007,
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes
No
N/A
COST TO COUNTY:
SOURCE OF FUNDS: N/ A
REVENUE PRODUCING: Yes X No
AMOUNTPERMONTH_ Year $2.217,12
APPROVED BY: County Atty YES
OMBIP-nfChasin~
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Jimes R. "Reggie" Paros
S PJsk Man~:z~~ S
DMSION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # #~
DISPOSITION:
MONROE COUNTY BOARD OF CO~NTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Robert Defield & Robert Cayce
Effective Date: 11/1/02
Expiration Date: 10/31/07
Contract Purpose/Description: Lease renewal agreement for hangar space at the Marathon Airport,
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 2/19/03
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 2/5/03
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budgeted? N/ A
Grant: N/A
County Match: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
Current Year Portion: N/A
Account Codes: 403-344101 SK
ADDITIONAL COSTS
For: ,
(eg. maintenance, utilities, janitorial, salaries, etc,)
Date In
Division Director '1-/ $i)/2d:::>3
Risk Management L! 2 7/ b '!:.
O,M.B.lPurchasing ~zg/!23
County Attorney -! -!_
Comments:
9
CONTRACT REVIEW
Date Out
LEv / Zoc
L!27/o3
D~P3
L{}"3/~
aros
LEASE RENEWAL AGREEMENT
This lease renewal agreement is made and entered into this day of ,
2003, by and betWeen MONROE COUNlY, a political subdivision of the State of Florida, whose
address is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter
COUNlY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address is 11425 Overseas Highway,
Marathon, FL 33050, hereafter TENANTS. The parties agree as follows:
WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with
original Tenant Charles Pierce's interest assigned to Robert DeField) provided that it could be
renewed for three additional five-year terms;
WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to
renew 30 days or more prior to October 31, 2002, as required by the original lease, but that
inadvertence should not result in the lease renewal being refused; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The COUNlY hereby waives and forgives the failure of the Tenants to provide
written notice of their intent to renew 30 days or more before October 31, 2002.
2. The original lease is hereby renewed for an additional five-year term beginning on
November 1, 2002 and ending on October 31, 2007.
3, Except as provided in paragraph two of this renewal agreement all the terms and
conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first
above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
WITNESSES:
jdairhangardefield
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KEYS ANIMAL HOSPITAL, ,. .
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ROBERT E. DEFIEtii Q.V.M. ... .
MICHAEL DUNN"; 'D.V,M.
, 14~ OVERSEAS HWY.
MARATHI:)N, FLORIOA 330S0,
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Dear Bevette:
Enclosed is one half of the rent for the hanger lease for the period October
15,2002 through October 14,2003. I have ask Bob Casey to send the other
half to your office.
The Lease has a stipulation that ask us to infonn you if we intend to lease:the'
hanger fOf the next 5 years. Please le~t this letter be our fonnal indication that
we most cenainty want to continue our lease into the future..
Thank you for your help.
"
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Sincerely, A /J
a~1:{;p
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Robert DeField DVM
10/29/02
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lEASE AGREEMENT
This lease agreement is made and entered into this / S ~Jday of CJ C (0 Bcu2
1997. by and between Monroe County, a political subdivision of the State of Florida, whose address is
the Marathon Airport, 9400 Overseas Highway, Marathon, Fl 33050, hereafter COUNTY, and Charles
Pierce and Bob Cayce. whose respecfive addresses are # I 47th Street. Gulf. Hunicone Harbor.
,
Marathon, FL 33050 and 5996 Overseas Highway, Marathon, FL 33050, hereafter TENANTS, The
parties agree as follows:
1} The COUNTY leases the property described in Exhibit A _ hereafter the premises _ to
the TENANTS for a term of five years, beginning on
/0/3/
loll S-
I
, 1997 and ending on
by reference. The TENANTS may renew this lease agreemenf far fhree additional five )'ear terms by
,2002. Exhibit A is attached to and incorporated into this lease agreement
providing the COUNTY 'dth written notice of their intent to do so thirty days or more in advance of
the term's expiration date.
2}' . The rental payment for the premises during the first year of this agreement is $150,00
per month. plus the applicable sales tax, payable at the Airport Director's Office, Marathon Airport,
9400 Overseas Highway, Marathon, FL 33050. The monthly rental payment will increase for each
successive year of the first ten years by the fOllOWing amount: the total rental amount for the year
multiplied by the increase in the consumer price index (c,p.i.) for the Miami/Ft. Lauderdale area
divided by twelve. Rent may be paid by the mo~th or year at the TENANTS' option. In the second
ten years the rent wilt be changed at fair market value. established after an appraisat of the premises
and calculated pursuan~ to the then current rates and charges study.
3} a} The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of the second term (ten years from the commencement of this
tease agreementl. the hangar wilt become fhe property of the COUNTY. If the TENANTS elect not to
renew this lease at the end of the first term, then they may remove the hangar from the premises jf
they do so by the end of that term. If the hangar remains on the premises after the expiration of the
initiat term. and fhe TENANTS have elected naf to renew. fhe hangar becomes the property of fhe
COUNTY. Further, if. during the first two five-year terms, the TENANTS depart the premises as a result
of their breach of this agreement. then the hangar will become the property of the COUNTY,
- b) The TENANTS must make the following capital improvements to the hangar:
reseal the asphaf1 hangar pad, install new fie downs. repair the X-braces, secure the roof beam by
the g'''und ceble, on the cast and c..est side of the hanger. end u,'geode the ulililie, (wefer and
electric) to the standards established by the Monroe County Building Code. The capital
improvements must be completed within the first two years of the initial term. All the capital
improvements just described must be inspected and approved for building code compliance by the
Monroe County Building Department,
<;) (i) The TENANTS may not conduct any commercial activity or operate an FBO
on the premises without the permission of the COUNTY, The premises are leased strictly for use
by the TENANTS' private aircraft.
(ii) The TENANTS must keep the COUNTY's Marathon Airport Director apprised
of the names of persons and their aircraft that the TENANTS have authorized to use the. hangar
facilities, The Director must be notified as soon as possible when an authorized occupant is
added or deleted.
d) The TENANTS are responsible for the maintenance of the hangar for the first
and second terms of this lease (the first ten years). After that, the COUNTY will assume the
responsibility for the hangar's structural maintenance, with the TENANTS responsible for all other
premises' maintenance. Both parties must perform their maintenance of the hangar and related
improvements in accordance with all applicable laws, rules and ordinances,
4) If the premises are needed for the expansion of the Airport or the FAA requires the
removal of premise improvements, then the COUNTY may cancel this lease with thirty days written
notice to the TENANTS. Upon such termination, the COUNTY will have no further obligation to the
TENANTS, including the obligation to pay money or any damages. The.COUNTY must also remove
the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during
the first or second terms, the COUNTY must dismantle and return the hangar to the TENANTS at any
place designated by them within the Airport that is acceptable to COUNTY,
5) The TENANTS may assign this lease with the approval of the Board of County
Commissioners, whose approval may not be unreasonably withheld,
6) The TENANTS must not authorize, permit or suffer any construction mortgage or other
lien of any nature to be placed on the hangar,
7) The TENANTS must pay all utilities, inclUding gas, electricity, water and sofid waste
disposal charges, if any, and any installation charges that may be required for those utilities.
8) The TENANTS must not make any unlawful or off~nsive use of the premises and must
permit the COUNTY or its agents to inspect the premises at all reasonable times.
9) The TENANTS must obtain - and keep in effect during the term of this lease _ the
in$ura:lce describc:c in Exhibif B. Exhibit B is aflachGc and incorporated into this lease agreement.
')
The TENANTS may not begin this occupancy of the premises. regardless of the commencement date
of this lease. until they fumish proof. satisfactory to the COUNTY's Director of Risk Management that
they have obtained the insurance policies required by Exhibit B.
,
10) TENANTS covenant and agree to indemnify and hold harmless the COUNTY from any
and all claims for bOdily injury (including death). personal injury. and property damage (including
property owned by Monroe County) and any other losses. damages and expenses (inCluding
attorney's fees) which arise out of. in connection with. or by reason of the TENANTS' utilization of the
property governed by this lease agreement.
The extent of liability is in no way limited to. reduced, or lessened by the insurance
requirements contained in paragraph 9 and Exhibit 8,
11) a) The TENANTS for the:mselves. their personal representatives. successors in
interest. and assigns, as a part of the consideration hereof. do hereby covenant and agree that
1) no person on the grounds of race. cofor, or national origin shall be excluded
from participation in, denied the benefits of. or be othervvise subjected to discrimination in
the use of said facilities:
2) that in the construction of any improvements on. over or under such land
and the furnishing of services thereon. no person on the grounds of race. color or national
origin shall be excluded from participation in. denied the benefits of. or be othervvise
subjected to discrimination:
3) that the TENANTS shall use the premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations. Department of
Transportation, Subtitle A. Office of the Secretary, Part 21. Nondiscrimination in Federally-
assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964 and as said Regulations may be amended,
b) That in the event of breach of any of the above nondiscrimination covenants.
the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued, The provisirm 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.
cJ It shall be a condition of this lease that the COUNTY reserves unto itself. its
successors and assigns, for the use and benefit of the public. a right of flight for the passage of
aircraft in the airspace above the surface of the real property -herein described. together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft. now known
or hereafter used. for navigation of or flight in the said airspace. and for use of spid airspace for
landing on. taking off from or operating on the airport.
dJ That the TENANTS expressly agree for themselves, their succ~ssors and assigns.
to re$tfict the height of structures. objects of natural growth and other obstructions on the herein
described real property 10 such a heighl so m to comply with F'?deraf Aviation Regulations, PCj~ 77,
3
e) That the TENANTS expressly agree for themselves. their successors and assigns.
to prevent any use of the herein described real property which would interfere with or adversely
affect the operation or maintenance of the airport. or otherwise constitute an airport hazard.
f) This lease, and all provisions hereof are subject and subordinate to the terms
and conditions of the instruments and documents under which the COUNTY acquired the subject
property from the United States of America and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY.
and any existing or subsequent amendments thereto. and are subject to any ordinances. rules or
regulations which have been, or may hereafter be adopted by the COUNTY pertaining to the
Marathon Airport,
g) Notwithstanding anything herein contained that may be, or appear to be. to
the contrary. it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant
or other tenants on other parts of the Airport,
12) This lease will be automatically canceled. and the title to the improvements on the
leased premises wiff revert to the COUNTY. should the TENANTS fail to occupy the premises within six
months of the commencement of this lease or if. dUring the term of the lease, the premises are
abandoned for a continuous periOd of six (6) months. This reverter provision applies notwithstanding
anything contained elsewhere in this lease agreement.
13) The TENANTS. on keeping the covenants and agreements set forth in this lease. are
entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by. through or under the COUNTY.
14) All communications between the parties should be between the following persons at
the following addresses:
Marathon Airport Director
Marathon Airport
9400 Overseas Highway
Marathon. Fl 33050
Mr, Charles Pierce
# 1 47th Street. Gulf
Hurricane Harbor
Marathon. Fl 33050
Mr. Bob Cayce
5996 Overseas Highway
Marathon. Fl 33050
The parties agree that any communication required from the COUNTY to the TENANTS will be
considered sent and delivered if sent and delivered to either Tenant. Any communication required
from the TENANTS to the COUNTY will be considered sent and delivered if sent and delivered by
either Tenant.
15) ~ny action taken by either Tenant under this lease will be binding OFl the other Tenant
as if Ihe action had been undertaken jointly.
4
161 The TENANTS under this lease are to be considered joint tenants with a right of
survivorship. In the event of the death of either Tenant. the surviving Tenant will automatically
"
acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this
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lease agreement.
17) The TENANTS warrant that they have not employed. retained or otherwise had act on
their behalf any former COUNTY officer or employee in violation of Section 2 of Ordinance, No. 10-
1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breach or violation of this provision. the COUNTY may. in its discretion, terminate this lease without
liability and may also in its discretion, recover from the TENANTS the full amount of any fee.
commission. percentage. gift or consideration paid to the former COUNTY officer or employee.
a court of
the parties have set their hands and seal.
By ~~~;k:;1(~
Depu Clerk
By
WITNESSES:
TENANTS
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By ~~O-A) ?^\o~
Charles Pierce
By f2~ / tZ..r J (13~i)
Bob Cayce /
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EXHIBIT 'B'
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1996 Edition
,(
,
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport! Aircraft Activities
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at hislher ovm expense, insurance as specified
in the attached schedules, which are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor,
The Vendor will not be permitted to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire teInl of this contract and
any extensions specified in any attached schedules, Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
until the required insurance h~.s been reinstated or replaced.
The Vendor shaH provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract. _ . .
All insurance policies must specify that they.are 110t subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the COt:.nty by the insurer,
The acceptance and/or approval 0 f the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its en:lployees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared fonn entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
^dlllilll';ll:tll<lII Ill~tll/l"tl'lfl
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2~
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
,
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance, Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split li!llits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the 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 Comm!ssioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements,
GLl
^dm ill iSlr:: r iOIl III Sllllcl in: I
11-170'),;
5,1
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into by and between Monroe County, 0 polilicol
subdivision at Ihe Slate of Florida, hereafter County, and ~ Db "- t"t 1),,- fi ~ \J. , a
natural person. hereafter Assignee. the parties agreeing as follows:
I,) The County leased a hangar at the Marathon Airport to one
C.h d t" \ "- '; ]\ e. t" ~ e - . herea ff er. Assignor. through a lease agree men t do t ed
(Name of Person)
I S a~l",\,<" 19~ hereaffer the original agreement. The original agreement is affached and
,',
incorporated into this Consent to Assignment,
2,) By an agreement dated j e. R"r",s'r , '99..'1-, the Assignor assigned 10
Assignee all Ihe Assignor's rights, tifle and interest in the original agreement. The original
agreement, paragraPh~, requires the consent of the County before such an assignmenl is
effective against the County, The County hereby consents to the as;ignment described in this
paragraph,
terms and conditions oflhe original agreement inCluding the obligation to pay the County any
In consideration for such consent, the Assignee agrees to be bond by all the
this consent to assignment.
sums Owed the county by the Assignor under the original agreement up to the effective date of
"'@:).) This consent to assignment will take effect on the signature date of the last party
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. ~)~'d~o~, ~vt, e J,' h,~ consent to assignment.
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'\.::').TTEST: DANNY l. KOLHAGE. CLERK
~~Y:P~~~hl:-~',
ep Clerk
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D OF COUNTY COMMISSIONERS
ONROE ~~
Mayor/Chairman' ,
Date:
fj-:UI flu....;'.), 1,(J.:)c
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AGREEMENT FOR SALE AND ASSIGNMENT
COMES NOW
Chuck Pierce
(hereinafter referred to as "Assignor" and
Ro:)ert DeField
(hereinafter referred to as "Assignee") and agree as follows:
I, The assignor is the owner of a hangar located at the Marathon Airport which is
located on land being leased from Monroe County, Florida. Hanger one west bay
2. It is the intent of the Assignor herein to assign all its right, title and interest in said
hangar and lease to Robe r t De Fie 1 d the Assignee for the consideration
of
$7,500.00
paid 8/18/97
3. The' $ 7,500, OOfIB<o..1tPdg~XlkR~xiJ:lgi1X~~~
4, It is the intention that both parties will culminate this sale as Soon as practicable
'and that all necessary steps be taken with Monroe County for approval of this sale and
assignment and by execution by this letter agreement the parties hereby agree to this sale
and assignment dated this 18 day of Auqust 1997,
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(ASSIGNOR)
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OFFICIAL NOT AR \' SEAL J
K J FE<AfI.:CK
NOIARYl'UBUCSl"ATEOF flORIDA
COMMISSION NO. CCS70309
My COMMBSION EX", IUt Y 18.2000
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BItL or ~ALE
oatodt Auquat 20, 199G
chuck Pierce, referred to an 'StLLER", .elle, barqains and conveyS
all of SELLER'S tiqht, titl~ and int~reBt in:
Aircraft hanger on Marathon Airport Hanger One (wost bay)
to Robart E. OOFiold, rotorrOd to as "aUYER", hie h01r& and
aseign!. :~.'~X
Chuck l'ierce ackncwllldqes recoipt Of 0 total ot $ 1~OO (S<lVOh 1','
ThoUhnci .lv8 HUnclrc;" 001141'0) from Ilobert 1':. OeField, BUn;n, ih
tull payment of the purchano pdce of the goode oon...ol'od h8l:eby.
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Chuck Pierce warranto that there are no Ilene Or encumbranoee on
the goods SOld, and that ChUck Piorce'a title to the goodsi.
clear and merchantable. Chuck Piorce nhall dofend Robort t.
DoField from any advereQ clalao to S~LLER'o titlo to the qOod.
sold.
.................................................................
ThOgoOde <<old herein are USto and SOLD "AS IS", "ffilERt IS.,
"WITH ALL FAULTS." The gOod. herein ate hot .old by a merchant in
the field. ~Rt9E GOODS ARt SOLO WITHOUT ucc WAttRANTV br Any klUO,
1noludinq kERCKANTABILITY AND rITNtss rOil A PAnTr~ PVRP6g~.
ThQ 8uYER, Robort ~. Oorield, aoknOWledge. exasiniNg thu goods
~old herein.
................................................................
The parties agree to the tGrm9 and oonditions statod hc;re1h'
eJL wl<-. p~
-
Chuck Piorc~, SELLER
.!