Loading...
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 A"'0F.';'.TC g; ~-'" r::;" ...,. ~'~ l::'~, ~UI. -_/~../:-:.:.?~ ~rl/~0;:.:;'() [., ~~.~-_......,~-- f~ -""to,. ,/ --I"":orr_-fs ')"'.7/'\ ______ _ -1- --;- -::...c;:/ _-~<..--;, ~ 8 .-4 : 2:8 Q: ,. a~ <~ \ Sf:E DETAI.. \ \ .-- ~.. .-- ,~--'--'~ \ \ , -- ------ -- I .., ':;-".\ LC::' '-< L '-.01 ..~ .-.. '- ~ r -~-------~---: -:::------:- - . ,-' .' , - ,- , " \ ..: ,'--....' --',-,',.-~ '.- .,,---::--.~ ...:'. ~ -::-:: '"'"'::. .",. "',.,- . - -.... ~ -.. '". - .. . , - - ~- - - _ '-~v ~/"-,~ < w ~ <r \!J :2 ;L c:: 0<\ ~ "~ ;f:_4~.. '_ ~~~;%%1 /~~/<[JJ:~;; ~ ~i{fi~ g~~:11h- ~0 ~& -l::.,'/(;/' I ~$~ ~t1::0; , ; : ;%3:j2?~~0 I I' :.~~~':. ~~~- ~ /f~.$g . \,,1J :::z \- V'l ~\..." . - \\\ ,\ "'C \ ...~ .... 'J ~ \. -- ~ - -' ~ " .... :- - 'V' . w ,\ \ '- '- .,.. '-' .~ ... ~:2 <l -.. V1 :l }J.1 t- X ll.l , ......""': I "--'1' :;.~'7~ . -. ~;-,:..,. . '::..-'; ,'...,.. '-' . ~ ~ ,,:. :I '_~ ..( N 3. .:.:' ~ ~~i - '": '() l:;' .-;: .~, -:..::./ -.' -0/ ~I ~~l ~! ".' ~I ~l . ,~l .....;, :'" .."\.., ~:I . ., ~I :;/ ~~~ .' ~.: . ';1 /" I) ! 1 I I ! J I I I , I Ii \ I : I , , - -, II ------ I I ~ '(' ~\. I II II' a ';)j I I, I I J j I ;, I ' !v) I ,1:liilill:;!j'S,i/1 & : ~'/I/<:'!f!Z;:!6~: I!/ B ~I: II [ , I I I ! I J SII ; r;ri 'I 'I ~ w ) r. I It L5/ ~ IlJ I ~ I i;ilii il~cJl s~lll: ~~. ~i8 ,i I II;;:~ 1;!~):I' 0 '" ~: I 111:.: i I ~ I' Ii).. ~ ~ ~ i I I It' f \ :ref.. I 111I I Ii, I' ~ ~ / I P:: I I ;;'~Hlll \. \11 ') <) -atE \ I ...J It I 1'1,1 <JOC" ~ 111\,: I : tt" I')~\~=-~=;'~ I'~~ :p~,--, i /, :c y~> ' I III" " l _W, ",..x::- ., '- " '1)1' I I II ',' I~- 'Jy;~~.,.,-':"';X'....-::"" ......:.:;~~ .; " _ _, L _ I II I ,,' 't: ""'~ _ 'I.. ~ Ii, \ Ii, 1'1 ." "'-j II! "I" ',' I I ' : I 1'1 it; 1'1' I . cL w ~ :2 ~ W. <l " ../' I'-.. [(J':\.:..CI V tU ; 'i i' 1 'I lQQ4-"'- .... - ....1 ( -., "',.1 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 - ~ (~ , " " ,/ "-.'--- ----,-.../ /' /~;... Kn)R~K/RI/INC. // /J~</f/;.,Ip'--') / By':"-. .f !. !. ! ' ~ p(csideCl.!.-./ (CORPORATE SEAL) Attest: Secretc.ry /..~'.'.::'-.'./~'.~ /- ,- .,.'....' ,... .." .. ., . . , , , ,- , '<'.... \ - ::- . "''- . '~"'-'''' ." ..: ,",' : ~ ......;.- ::- ,'0, '.'::, -. ", _ _ _ - >\ -:-~_.. .:_,',' ..:-.. '. ~ ~ -=-.:... '-'~ ". . '~~ ," "//~ij/>'~ ~/ ,~/ ',0<? ~ //'// "/~/% '0'';~/' LL / . '// / '~/ / " / --LL >/'i~:;%'/,//;//.; t++ '1/ /~; ~'%~ ///;::.?fj/ ~~rilT /~/~~/~ ~/.~ ,//I"TiT ,:;: ';-;;- ~ ~,%',J/f~/;a ~ i ~/.i ~j$~~j%j ~ . I '-(0:/.;~'//; g ~ 0': <)-I+i / / / ' // /,;;/ .-t. /. /. //, I I /,;j_, ';/0;///// '/1;"'/<1..i.ilJ /'~/'//~';'~/ ~ ///.,;':'/'///'-"ql I ! /.' /. //'/ ///" -l /1, ,'/ '/ /, ' , , ///"'/ -/' "", "//: /////// :) ,';1/,////, . , ;>>'-' ;'://~/'1 ~>>/ ~,jX::'1 ~I / /, "'/ /.,/ /, . ..... / / / ,", "r, ' , I //",// "/////////.//'/)/.~+-- "-'//";:,//>/ ;:.' /~>////-:/ 1 I /. '//'/'/////;0// /-':-'//%,~ =:81 / /'//////%~/' ~. 1'1, /, ',' /0' '// '/1/""/, / ./ / /, // ~/ i'/, '/. / ,/~<,J//--:-/'l ' " I / / '/-/ / . /, /. / II ,/;':1//. 'J ~ I /// '/ ' /.I///- //1;.:1 '/l-'//;::~,4-"+ ///////'l:;%]/"~/'/0"~~~~~ _'~I -;.~//~' / "/ ,~/// ~~{}.//.</,,/~, - ,'/ /" '///// ~/~,////~//. 'I' /. '. ///":''/.>>~/0~~,~~:1.(~~//::' l'. / /. '/ / // / /, ,/ {L _ ~ .!"" , -~---- /\. -~l-I~:!:II' ~~-; if It Ill; il: ~1!1",! " --=-- i 'I I II) I "': 'II I . ; ,:~ ': ,i I 'I, \,. I : 1 I ' I' I" , 'i' \,iJ 1"1' Ii :, ') :1' ,i ; I I j. -l . III: II _ :;,' ',I" l~ -0 'III "j . \ 1 I.) II ' 'I \ "'i. r; z, I' '~,' '! ' , , , , , ~ II' , Or II -r-J ' ! I 'I i : ! ' , Ii. l ~ \J I I I }.: ,7: I I' I, ')"! 'C:,.fI:I:\-"J ~JI ( : 'Ill ow! 'I V~I I!I' "iI11i!:'Cc!l: g~!!IIII' I , ., I 1 c: I' \ 'I', ' : ! ! ! i !! ~) Iii ~~): i 'i ' , "I, I ". ,I t,-: . ,111"1 'l"~ "I, I' 'I 1 j 'I I, ~ i i I \ : I , Iii ,; I I! I, ,..r \ 1'1 ,I .1. 'II I , I, : I, i 111' I I . ! ~ I i/' , \ ! i I II' !/\lli I'!)III Jli"j di7 I : i I ! II III ; t If! 1- I I ! ~ I I' I I II" , r I "I I ' I \ . I I I ! \ ! I j 'I' I l:r ' ,! 1 I, I r \ , 10 10.,4 \ '1111 f I" -U2~Il\ \ ~ i \ I I ) I I ...... ~ \J II , . I ' i : Ii! I ~ ~ q; 2 i\1 \ I : ! i I ~ !: II: " 0 <l ll' ill \ j , " 'I I . u., !: '\ , ,,'I ,I.",. ~ '. ~ . '\ ,;, 'j~ ' . 'I"~, ''"'' ".,1,., =-~, , 1,',111 :: . ry '!":C(~~,'::" N'~,d ! I,,, i ,~ ; "'o" "-"" " , 1:: ' ' . ",':". " .,.,-, 'L~~,~...,._,,", '> '. " "",," ';C .,,~~ .. " , , . \ .._-,~ , , . ' :', i 'I ' , ''''?-, " 'IJt.1 >~,:j . , I., I , ' _ ' I , ',-,. 'Q0 [00;:: ~d \,..Jtj::.::...._ . Jdt, <:..(- ....... "....' .:" . \ \,. '" -.... ~ ( , '-. ::: \.. t' ""- ~ 'V : ~ ,. .' ,I -~ -;.-". -<::::: ,., , "" ~...,. .. . . <( UJ ,.., - <r r I: I.~ 1- i~ I~ i;~ I': '. 1':- I -, I,~~ ..J.. ~,,: :r 1,_- .( l~: 3. If: I.I.l ,-. 6 r~;:' ~,. ~ 1'":-;- ~ <) r..;.;, ..~'... ~~. , .. .. , ~ .. ..; ~! ~" "'..; ~:- I lto~ l f"-' "::1 r <: .2-- ~l ::. -; 1;'" :.., ':),1 .. --I I- ,'. . ." :. \ , '.....~ :"":: I ....' ~-.=::'l i~j :"':~I [:"i ~'j I., t ~ '_ . \ l,. ,.,. , ..,1 . .:." . '. "..... "I ... .. ~-...- t...... ' ,-..r ~J 1;'/' ! - - v" I . ~.. " ' :.. , . I.!j 2 ;J:. c:::: f \ " ~~~'. ~2:1 .~ ~,. -..:::::./ ~ ' .- tj'; ,/ \I. \ ........ .. ,\ . - '''. ' ~ - ~z; ,.~ 1>. ~ I . ., <' I ,_ ~\\ l' ::" ' \~"~I \ / -';..';-~I. '" ... - :;,. ...", ..... . - , -:-i , \.. .. ~....... ./ " .I J.. \!j ...., ... 'r- of'. - ~. Wl / ,. "'.0 ~ ..,. 1.\ ! i \ I i I , I ci w ,.... ':2.. -< ~ I I I I '~ I l I .... ' '""I \J I i a: I ~ , I ~ ...,.10 - i ..c ~ - I ' l-- I I V1 [ I ~! I ; I I I I I / I I I , 1.J. Q .. t():2 m--o - v. - .J. ~ r- x ll.l & B ~ ~~ o\!] ~~ --':1.. ;cl ~c! ~ ~ '. .,' ./' , ~ , '~,,:' \. ;..,' . '- \" ,--- ~ :. ,...J \. \ -: .\ ,... "'- -.' ~ ,......., L,jiJd.:l L; . ..J.' .:J 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~~ r: rJ L ~~ (: -., ,- '.. ..J r;:: .,' t~ (-, ~ ~.; i I. ( ~ ~~ ~ ]:~ t: ~ '; ,. ~ , . : ~~ , r~.'-; - ; ,- ,--.... . \.' ~ . ,/ - .:.~:;.:..;:.....-. ~ .. ~~:::~':-. -4: "':".:.::" -:.. ..\..:: :. - .--. -~': ''":-~'.;,,-- . - .f::~'~~:-: ~:~~~~~ ~ J: ,~ ~ ~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. ~. ~ - -, '. .J 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 ./ ~ BY~' ~ ~ rk .-/' L6Sr / ~~ "~,I / ( '~ ~~ ( ) I" ~'. (/ ,-/ '/' / ," --,", (" ; Witness V'fitness ~ 'or,,:')r ./';. "J,.-..r:,..tr~, 'J." ,r: 29 ,J3oJ 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