Item C35
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
.-
Meeting Date: May 21. 2003
Division: Public Safety
Bulk Item: Yes ~
No
Department: Marathon Airport
AGENDA ITEM WORDING: Approval of Lease Extension Agreement with Keys Woodworker,
Inc. for lease of premises located at the Florida Keys Marathon Airport for use as a public parking lot
for an additional five year term, commencing June 11, 2003 and ending June 10, 2008
ITEM BACKGROUND: Keys Woodworkers, Inc. has been leasing premises at the Florida Keys
Marathon Airport that is used as a public parking lot for customers patronizing the businesses at 107th
Street. The attached Lease Extension Agreement extends the term of the original agreement through
June 10,2008.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on June 16,1993, the Board approved
a Lease Agreement with Keys Woodworker, Inc. for parking adjacent to the Subway Shop on
Marathon Airport property. On November 23, 1994, Board approved a Lease Amendment, which
added required FAA language to contract and stated the access gate to the Mosquito Control District
must be kept clear. On June 10, 1998, Board approved Lease Extension Agreement, for the parking
area at the Marathon Airport, which extended the lease until June 10, 2003.
CONTRACT/AGREEMENT CHANGES: This contract extends the term for a additional five year
period, commencing June 11, 2003. The rent under this lease renewal agreement has been increased by
the CPI-U (2.4%).
STAFF RECOMMENDATIONS: ApprovaL
TOTAL COST: $ 0.00
BUDGETED: Yes
No
N/A
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes --.X No
AMOUNT PER MONTH
YEAR $1.613.72
DIVISION DIRECTOR APPROVAL:
APPROVED BY: County Atty, YES OMB/Purc
DOCUMENTATION: Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # /2. ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Keys Woodworker. Inc.
CONTRACTSillvIMARY
Contract #
Effective Date: June 11. 2003
Expiration Date: June 10. 2008
Contract Purpose/Description: Lease Extension Agreement with Keys Woodworkers. Inc. for
lease of premises at Marathon Airport for use as public parking lot
---
.-
Contract Manager: James "Reggie" Paros
(Name)
6002
(Ext.)
Public Safety / Stop 14
(Department)
for BOCC meeting on 5/21/03
Agenda Deadline: 5/7/03
CONTRACT COSTS
Total Dollar Value of Contract: $+1.613.72 (Rev)~5 Current Year Portion: $1.613.72 (Revenue)
Budgeted? YesD No 0 Account Codes: ----
Grant: $ -------
County Match: $ -------
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance. utilities. janitorial. salaries, etc.)
CONTRACT REVIEW
Changes Date Out
!)J1e In Needed__ ~ er Aj
Division Director .? II/Zoo.> YesD No~ _ :S If/ ~3
Risk Management 4/),;'3 YesD Nou;:r- w.. 4/~Y/;J
OM.B./Purchasing 't~I03 Y es8'1"foD ~I '-8'10:'
County Attorney 4/z..Q I () 3 YesD NoB1 If - 29 ~ J
Comments OYl'\(?', W/J!J 0,t480 c)JwJl1 ~ A-ff~ tJt----
OMB Form Revised 9/11/95 MCP #2
LEASE EXTENSION AGREEMENT
This lease extension agreement is made on this the day of June, 2003, by and
.,--
between Monroe;County, a political subdivision of the State of Florida., whose address is 1100
Simonton Street, Key West, Florida 33040, hereafter Lessor, and Keys Woodworker, Inc., a Florida
corporation, whose address is Post Office Box 1181, Palmer, Alaska 99645, hereafter Lessee.
WHEREAS, in a lease dated June 16, 1993, amended on November 23, 1994, and amended
on June 10, 1998, (original lease) leased certain premises at the Marathon Airport to Keys
Woodworker, Inc. for use as a public parking lot; and
WHEREAS, the parties desire to extend the original lease for an additional five years; now,
therefore
IN CONSIDERATION of the mutual covenants detailed below, the parties agree as follows:
I. The term of the original lease is extended for an additional five years, commencing
on June 11,2003 and ending on June 10,2008.
2. Rent under this lease renewal agreement, exclusive of any taxes, is $1,613.72 per
year, payable in advance.
3. In all other respects, the terms and conditions of the original lease remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this lease extension agreement
on the day and year first written above.
(S EAL)
A TrEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORlDA
By
Bv
Mayor/Chairman
Deputy Clerk
KEYS WOODWORKER, lNC.
Witness
By
As authorized by the charter or by-laws to
bind the corporation to lease agreement
Witness
--
.- LEASE AGREEMENT FOR A PARKING LOT
AT THE HARATHON AIRPORT
THIS LEASE is made and executed on .the 16th day of June,
1993, by and between Monroe County, a political subdivisio:n of
the State of Florida, hereinafter Lessor, whose address is Public
Service Building, 5100 College Road, Stock Island, Key West, FL
33040; and KEYS WOODWORKER, INC.
a corporation organized
under the laws of Florida, whose address is c/o Frank Greenman;
5800 Overseas Highway,
Suite 40, 1:fa,rathon, Florida 33050,
hereinafter Lessees, who shall be bound and liable for all of the
Lessees' duties and obligations under this. agreement.
Section 1.
Lessor leases to Lessees the real property in
the County of Monroe, State of Florida, described in Exhibit "A"
attached hereto and made a part hereof (hereinafter referred to
as the demised premises or the premises), to have and to hold.for
a term of five (5) years for the sole purpose and use as an
illuminated paved
1800
square foot public parking lot as
further described in Exhibit B (landscaping,
illumination
diagram) for the use of motor vehicles of customers patronizing
the businesses located at l07th Street, commencing upon the
delivery of the premises pursuant to Section 2.
Section 2.
Anything in this lease to the contrary not-
withstanding, Lessor shall not deliver the demised premises to
the Lessees until the Lessees have tendered the security deposit
and obtained all necessary governmental approvals, permits and
authorizations for the construction of the parking lot and any
appeal time for such approvals, permits and authorizations has
-
expired wrth no appeal(s) taken, or if appealed, upon the final
resolution of any such appeals.
For -the 1 imi ted purpos e of
obtaining such permits the Lessees may re?resent that they act as
the agents of the Lessor if such agency is required by any
governmental authority having regulatory jurisdiction over the
demised premises.
Upon the Lessees tendering the security
deposit and obtaining all necessary governmental approvals,
permits and authorizations and the expiration of the appeal time
with no appeals filed or upon the final resolution of any ap-
peals, the Lessor shall promptly deliver the demised premises to
the Lessees for the use described in this agreement.
If the
conditions precedent for Lessor's delivery of the premises do not
occur within two years of the date first wr~tten above, Lessor may
terminate this agreement upon providing thirty (30) days written
notice to Lessees with no further obligations on the part of any
party hereto.
Section 3.
The rent, exclusive of any taxes, shall be in
the annual amount of One Thousand Five Hundred and Thirty Dollars
($1,530), an additional one time payment as reimbursement to the
County for fees due and the cost of preparing this lease in the
amount of Twenty Five Hundred Dollars ($2,500) payable in twelve
months, commencing on the date of delivery of the demised
premises by the Lessor pursuant to Section 2.
Section 4.
Following the delivery of the demisedprem-
lses pursuant to Section 2, the Lessees will construct and
complete on the demised premises a 1800
square foot illu-
~
!..
minated paved parking lot, hereinafter the improvements, at its
--
sole cost'within
24
months from the date of -delivery.. If
the Lessees fail to construct and complete the parking lot within
the time specified, the Lessor shall have the right to terminate
this lease on
90
days written notice.
It is expressly
acknowledged and understood by Lessees and Lessor that all the
improvements and signs erected and constructed or affixed to or
-
on the demised premises shall, only at the termination of this
agreement, for any cause, become part of the land and be surren-
dered to Lessor.
Section 5.
Lessees shall keep the demised premises and
all improvements
free and clear from all mechanics'
and
materialmens' and other liens for work or labor done J services
performed, materials, appliances J power or other utilities or
solid waste collection services, contributed, used or furnished
or to be used in or about the demised premises or in connection
with any operations of the Lessees, or any alteration, repairs or
additions which Lessees may make or permit or cause to be made,
or any work or construction by, for, or permitted by Lessees on
or about the demised premises.
Lessees shall indemnify Lessor
against all expenses, liabilities, and claims of every kind,
including
reasonable
counsel
fees,
arising
out
of
any
,
materialmens' or mechanics' lien or any other security interest
of whatever type filed against the premises or improvements
thereon.
Section 6.
Lessees shall arrange and pay for any util-
ities furnished to the premises for the term of this lease,
J
including electricity, gas, water, sewer, solid waste collection
.,--
and telephone services.
Section 7.
Lessees shall procur~ and maintain in force at
their expense during the term of this lease Commercial General
liability insurance with insurers approved by Lessor's Director of
Risk Management. Such coverage shall be adequate to protect against
liability for damage claims through public use of or arising out
of accidents occurring on and around the demised premises, in a
minimum amount of One Half Million Dollars ($500,000 )combiried'
single limit for bodily injury and property damage for anyone
accident. The insurance policies shall provide that the Lessor
is named as an additional insured. Lessees shall obtain a written
obligation from the insurers to notify Lessor at least 45
days
prior to the cancellation or refusal to renew any policy. If the
insurance policies are not kept in force during the entire term
of this lease or any extension thereof, Lessor may procure the
necessary insurance and pay the premium therefor, and the premium
shall be repaid to the Lessor as an additional rent installment
for the month following the date on which the premiums were paid
by the Lessor.
Lessees shall also indemnify and hold harmless
Lessor against all expenses, including reasonable counsel fees,
liabilities, and claims of every kind arising out of any injury
or damage happening on or about the demised premises.
Section 8.
Lessees shall not assign or sublease the
premises, or any right connected therewith, or allow any other
person except agents, employees and customers of Lessees to
occupy the premises or any part thereof without first obtaining
4
the written consent of the Lessor. A consent by the Lessor shall
.-
not be a consent to subsequent ass ignment, sublease -'or occupation
by other persons.
An unauthorized assignment, sublease, or
license to occupy by Lessees shall be void and shall terminate
this agreement at the option of Lessor.
Section 9.
As additional rental hereunder, Lessees shall
pay when due, as part of the rental of the demised premises all
state, school, special district, and county taxes, assessments,
levies, and other charges, general and special, ordinary and'
extraordinary, of whatever name, nature and kind, includine any
sales or use taxes, that are or may be during the term hereof
levied, assessed, imposed on the demised premises, the improve-
ments now thereon or hereafter to be built or made thereon, or
imposed on the rental payments made pursuant to this agreement.
Section 10.
The construction or erection by Lessees of
any improvements on the demised premises other than those de-
scribed in this agreement is prohibited and shall constitute
waste. Lessees shall not allow any nuisance on the premises or
'use or allow the premises to be used for any unlawful purpose.
Section 11.
Lessees shall, at their own expense, keep the
improvements in good repair.
Section 12.
Lessor covenants that Lessor is seized of the
demised premises in fee simple and that Lessees shall have quiet
and peacable possession of the demised premises during the term
hereof, subject, however, to the occupation of the premises by
agents or employees of the government of the United States during
a national emergency or a determination by the Federal Aviation
:.
Administration that the Lessees I use of the premises is not
.-
allowed urtaer federal law or rule .In either event.', this agree-
ment shall terminate with no further obligation on the part of
any party hereto except for the obligation to pay any amounts
outstanding as of the date of termination.
Section 13.
Except as provided in Sections 2, 4, and 8,
Lessees shall not be deemed in default under any covenant,
condition or term of this agreement unless Lessor shall give
Lessees tr_irty (30) days written notice of the default and'
Lessees fail to cure such default within that time. In the event
of Lessees I failure to cure the default, and in addition to
whatever other remedies Lessor may have at law or equity, the
Lessor shall have the right to terminate this lease on five (5)
days written notice and reenter the premis~s. If the Lessor is
compelled to incur any expenses including reasonable attorney's
fees in instituting or prosecuting any action or proceeding by
reason of any default of Lessees hereunder, the sum(s) so paid or
incurred by Les sor shall become a debt and obligation of the
Lessees payable to Lessor under this agreement.
Section 14.
Prior to the delivery of the demised premises
to Lessees, the Lessees shalL deposit with Lessor Five Hundred
Dollars ($500) as a security deposit for the faithful performance
of and compliance with all the terms and conditions of this
agreement.
In no event shall Lessor be obligated to apply the
deposit to rents or other charges in arrears or to damages for
failure to perform the terms and conditions of this lease by
Lessees. Application of the security deposit sum to the arrecrs
6
of rental payments, other charges due under this agreement, or
--
damages snall be at the option of Lessor, and -the right to
possession of the premises by Lessor for nonpayment of rent or
for any other reason shall not in any event be affected by this
security deposit.
The security deposit is to be returned to
Lessees when this lease is terminated, according to the t'erms of
this lease, if not applied toward the payment of rent in arrears,
other charges due under this agreement or toward the payment of
damages suffered by Lessor by reason of any breach of the terms'
and conditions of this lease by Lessees.
In no event is the
security to be returned until Lessees have vacated the premises
and delivered possession to Lessor.
In the event that Lessor
reenters the premises because of default of Lessees or because of
a failure by Lessees to carry out the terms and conditions of
this lease, Lessor may apply the security on all damages suffered
to the date of reentry and may retain the balance of the security
to apply on damages that may accrue or be suffered thereafter by
reason of the default or breach of Lessees. Lessor shall not be
obligated to hold the security in a separate fund, but may mix
the security with other funds of Lessor.
Section 15.
The waiver by Lessor of, or the failure of
Lessor to take action with respect to any breach of any term,
"
covenant, or condition herein contained shall not be a waiver of
such term, covenant, or condition, or subsequent breach of the
same, or any other term, covenant, or condition therein con-
tained.
The subsequent acceptance of rent hereunder by Lessor
shall not be deemed to be a ~aiver of any preceding breach by
7
Lessees of any term, covenant, or condition of this lease, other
.-
than therailure of Lessees to pay the particular rental so
accepted, regardless of Lessor' B knowledge of such preceding
breach at the time of acceptance of such rent.
Section 16.
In the event Lessor's Board of County Commis-
sioners determines that the premises are needed for any purpose,
Lessor may terminate this agreement by providing the Lessee
ninety (90) days written notice. At the expiration of the ninety
day notice period Lessee shall have vacated the preml.ses and
this agreement shall terminate with no further obligation on the
part of any party hereto except for the obligation to pay any
amounts outstanding as of the date of termination.
Section 17.
All written notices, demands or other writ-
ings in this lease provided to be given, made or sent, or which
may be given made or sent by any parties hereto shall be deemed
fully given or made or sent when made in writing and deposited in
the U. S. mail, registered and postage prepaid, and sent to the
addresses first listed above.
IN WITNESS WHEREOF, the parties hereto have executed this
lease on the day and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
BY'~ C, tDv~
eputy CLer
~tne~
~ C;, ,!Z:
ltness
#67,
as ab arter
or byl~~s to enter into agree-
wents of this type
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AIRPORTSj (
THIS AMENDMENT is made to the lease agreement dated June 16, 1993,
LEASE AMENDMENT
,-
--
between Monroe County (Lessor) and Keys Woodworker, Inc, (Lessee), The
parties, in exchange for consideration valuable to both, agree as follows:
1, The access gate to the Mosquito Control District premises rl}ust be
kept clear by the Lessee, The location of the access gate is shown on the map
attached as Exhibit A and incorporated into this amendment
2, The Federal Aviation Administration Required Lease Clauses,
attached as Exhibit 8 and incorporated into this Amendment, are made a part of
the Lease Agreement between the parties, For the purposes of Exhibit 8, Airport
Owner and Lessor refers to Monroe County and tenant and Lessee refers to Keys
Woodworker, Inc. The terms of Exhibit 8 supersede any conflicting terms in the
parties' original June 16, 1993 Lease Agreement
IN WITNESS WHEREOF, the parties hereto have set their hands and
1 .
seals, this '~)i-cl day of r\JOi.I~.y\,~ , 1994.
By ~J/'.A)e~A-I/~r)
eputy<t'lerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BydL~ ~("fi""'~_
Mayor! hairm n
(SEAL)
Attest: DANNY L KOLHAGE, CLERK
By - ~
(~
, "
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----,-.../
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Kn)R~K/RI/INC.
// /J~</f/;.,Ip'--')
/ By':"-. .f !. !. ! '
~ p(csideCl.!.-./
(CORPORATE SEAL)
Attest:
Secretc.ry
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FAA REQUIRED LEASE CLAUSES
,-
,-
1. This lease shall be subject to review and re-evaluation
at the end of each ~ year period, by the airport
owner and the rent may be adjusted according to their
action, not to exceed the Consumer Price Index rate
during the last ~ month period, or;
Land less improvements will be appraised every 5 years
and the adjusted rental will be based on normally 10-12
percent of appraised value. If disputed, lessor
obtains appraisal at ~is expense and lessor/lessee
equally share expense for review appraisal that
establishes fair market value.
2. The tenant 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 excluded 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, ~r
national origin shall be excluded from participation
in, denied the benefits 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 Title 49, Code of Federal
Regulations, Department of Transportar~on, Subtitle A,
Office of ':he Secretary, Part 21, Nondiscriminatior. in
Federally-~ssisted programs of the Department of
Transportation-Effectuation of Title VI of the civ~l
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.
3. It shall be a condition of this lease, that the lessor
reserves unto ~tself, its successors and assigns, for
the use and benefit of the public, ~ right of flight
for the passage 0 ( a irc:-aft in the ~ irspace above tI1e
surf~ce of ~le r~~l p~operty h~rei~2fter described,
togctl-.c~ ",,'itl: the r-ig~1t to cause: III ~:t.i.d 2.i!=-sp,~CC. 51.1C~~
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~w 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
Regulations, Part 77.
That the Lessee expr~~sly 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.
4. This 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 inconsistent with the terms and
conditions contained in the lease of said lands from
the Airport Owner, and any ex'isting 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 pertaining to the
(I{r:',I~:~ ri (; ,.J Airport.
5. 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 Lessor herein
reserves the right to grant similar privileges to
another Lessee or other Lessees on other parts of the
airport.
~.
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LEASE EXTENSION AGREEMENT
-::F=" " d
This lease extension agreement is made on this the L- day of June, 1998, by and between
Monroe County, a political subdivision of the State of Florida, whose address is 5100 College Road,
Stock Island, Key West, Florida 33040, hereafter Lessor, and Keys Woodworker. Inc., a Florida
corporation, whose address is Post Office Box 1181. Palmer, Alaska 99645, hereafter Lessee,
Section 1,
The parties hereby agree to extend the lease agreement between'them dated
June 16, 1993, as amended on November 23, 1994, for a parking lot at the Marathon Airport (hereafter
collectively referred to as the original agreement) for an additional term of five years beginnillg on the
date first written above, The original agreement is attached and made a part of this extension
agreement. During the terrr of this extension agreement. the original agreement is mo:iified as
follows:
a,) Section 2 is no longer of any force and effect.
b,) Section 3 to read in total as:
The rent. exclusive of any taxes, is in the annual amount of
$1,575.90 per year, payable in advance,
c,) Section 4 is no longer of any force and effect.
Section 2,
Except as provided in Section 1 of this lease extension, all other terms and
conditions of the original agreement remain in full force and effect.
INWITN~SS WHEREOF, the parties hereto have executed this lease extension agreement on the
. '
dOYO'Qd'y'ear first written above,
"'., ~ ~ :
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
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Witness
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29
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SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
~ MONROE COUNTY. FLORIDA
ETIllCS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its 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 contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this
day of
,19_
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4