Item C26 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date 1 7/17/2013 Division: County Administrator
Bulk Item Yes Department: Airports
Staff Contact Person/Phone#: Don DeGraw®289-6060
�i6i`N- D.....A if EM W---0 R'""'D",-I",N-,G-",-:""--A,p-"p-,r,-o"va—l",o,-f-""L--e—ase,-BuyoutAgreement,- -'—between' " —-Robert W- . Care mmw andMo-n—roe,
County.
iTEM�BACKGROUND: Eleven(11)Hangars on the NE area of the Florida Keys Marathon Airport are in the
Runway Protection Zone(RPZ). This agreement is for the"East Bay"of Hangar One,one(1) of the eleven (11)
hangars. The FAA has given us funds to buy out the leases and demolish the hangars.
PREVIOUS RELEVANT BOCC ACTION: FAA Grant ratified 10-17-2012
. .......................... --''. .... . .. .... ...........................,"',...........................
CONTRACTIAGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval.
TOTAL COST: 111,615.3 8 INDIRECT COST: NA BUDGETED: Yes
DIFFERENTIAL OF LOCAL PREFERENCE: NA
COST TO COUNTY: None SOURCE OF FUNDS: FAA/Operating
COST TO AIRPORT: $10% Match
COST TO PFC: None
REVENUE PRODUCING: Yes No AMOUNT PER YEAR: NA
APPROVED BY: County Attorney OMB[Purcr8ring Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION- AGENDA ITEM 9
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
............ ........................... ......
CONTRACT SUMMARY
Contract#
Contract with, Robert W. Carew Effective Date:
Expiration Date:
Contract Purpose/Description: Remove RW Obstr./RPZ—Robert W. Carew(Hangar Lease Buy Out)
Contract Manager, Don DeGraw #6060 Airports - Stop# 15
(name) (Ext.) (Department/Stop)
for BOCC meeting on: 07/17/2013 Agenda Deadline: 07/02/2013
........................ ......... .............
............
CONTRACT COSTS
Total Dollar Value of Contract: $11,615.38 Current Year Portion:
Budgeted? Yes Account Codes: 403-63586-530490-GAMA74
Grant: FAA
County Match" 10%
ADDITIONAL COSTS
Estimated Ongoing Costs: 0 For; . 0
(not included in dollar value above) (eg,maintenance, utilities,janitorial,salaries,etc.)
.......... ..................... ..........
CONTRACT
REVIEW
Changes
Date In Needed Date Out
Yes No r;, 1;4,
Airports Director 07102/2013 07/02/2013
4' Pd�erp�orton
Risk Management
k -
fo Risk Man ment
0,M.B./Purchasing
'for 0
County Attorney
It= Attorney
Comments:
.......... ....................... ...... ...................... ..................... ............................................................ ---------
LEASE BUYOUT AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ROBERT W. CAREW
THIS LEASE BUYOUT AGREEMENT made and entered into this 17 1h day of July,
2013 by and between Monroe County, a political subdivision of the State of Florida. whose
address is 9400 Overseas Highway, Marathon, Fl, 33050, hereafter"County", and Robert W.
Carew, whose address is PO Box 510042, Key Colony each, Fl, 33051-0042, hereafter
"Tenant" or"Lessee".
WHEREAS, Lessee and County entered in to a Lease Agreement dated March 21,
2007, and;
WHEREAS, County desires to exercise its right to relocate Lessee's Hangar, and;
WHEREAS, County has offered and Lessee has agreed to a buyout of the remaining
to of Lessee's lease, and;
WHEREAS, County and Lessee have agreed to the terms for a new hangar lease at
the site where the hangars are being relocated
NOW, THEREFORE,the parties agree as follows:
1. TERMINATION OF AGREEMENT. The Lease Agreement dated March 21,
2007 between County and Lessee is hereby terminated with neither party having any further
duties, rights, obligations or liabilities from the terms and conditions thereunder.
2. CONSIDERATION. County shall pay Lessee $11,615.38 in accordance with
the terms of the July 17, 2013 Lease Agreement. Lessee agrees to accept this amount as
payment in full for the remaining term of the lease agreement between County and Lessee
dated March 21, 2007.
3. NO FURTHER OBLIGATION. County and Lessee agree that upon execution
of this agreement that neither party has any further duties, rights, obligations or liability
tinder the terms and conditions of the March 21, 2007 Lease Agreement.
11
Jul 01 13 09: 38a Robert and Crystal Carew 920-294-0341 p. l
IN WITNESS WHEREOF,the parties have caused this lease to be executed this day of
,2013.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST:AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA
y By
Clerk Mayor/Chairperson
LESSEE:Robert W.Carew
(signature)
STATE OF WISCONSIN
COUNTY OF G'- et? Lak e
PERSONALLY APPEARED BEFORE ME, the undersigned authority, (name of individual
signing) /oo hec 1/. C.it re yil who, after first being sworn by me, affixed his/her
signature in the space provided above on this /sf day of ;aZ
20_L3 .
My commission expires: q-7—/ y
(Seal) µ. _:
Notary Public—S ate of Wisconsin
c.
ED
�°
fOR
� .. � � � :
11 R
.. NE
ASS00
Date _...
�z
Exhibit A
CONSENT TO ASSIGNMENT
Tjiis Consent to Assignment is entered into this J) day of
cc� 2011,by and between Monroe County,a political subdivision
of the State of Florida,hereafter County,Matthew C.Schulte,Assignor and Robert W.
Carew,Assignee,the parties agreeing as follows:
1. The County leases to Assignor the East Bay of Hangar One at the Florida Keys
Marathon Airport,Marathon,Florida,through an Agreement dated March 21,
2007,hereafter the original agreement. The original agreement is attached and
incorporated into this Consent to Assignment.
2. By a change of ownership effective April 21,2011 from Assignor to Assignee,
the Assignor assigned to Assignee all of the Assignor's rights,title and interest in
the original agreement.
3. Monthly rent payments shall be made payable to Monroe County and-sent.to thoN ;
Airport Business Office,3491 S. Roosevelt Blvd.,Key West,Florida 33040. = =
4. In consideration for Monroe County's consent,the Assignee agrees to be bound,' -T,
by all the terms and conditions of the original agreement,as amended above.
;-rI
Ln
BOARD OF COUNTY COMMSSI614ERSn
Attest: DANNY�.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA
� C o�
��- By:
== party clerk r7m"
ASSIGNEE: 17_4'd w�
By: By:
Notary Public-State of� Robert W.Carew
P.O. Box 510042
My Commission Expires://-i 3-t ei i Key Colony Beach,FL 33050
(SEAL) r
ASSIGN
By:
Notary Public-State of Florida ewe. Schulte
5001 Fillmore St.
My Commission Expires: Hollywood,FL 33021
(SEAL)
71AN-
NotaryNTY AM_ RN
LINOA KOSLOW AS O
"tee •. Public-state of Floods
r ; ' • My Comm Expires Sep 27.2013 M CA
Commfos►o N� O Npgry Assn U Y Ai TOR
------. ._ _
7q/ii
Exhibit A
Matthew C. Schulte
5001 Fillmore St.
Hollywood. FL 33021
April 21, 2011
Exhibit A
HANGAR BILL OF SALE AND ASSIGNMENT OF LEASE
1, Matthew C. Schulte on this 21st day of April, 2011 acknowledge receipt of
$15,000(Fifteen-thousand dollars)from Robert W. Carew in full payment of the
East bay of Hangar One at Florida Keys Marathon Airport in Marathon, Florida.
The hangar has no outstanding liens and all debts up to this date have been paid.
Any expenses from this date forward will be paid by Mr. Carew(new owner)or his
designee.
I further assign my existing lease with Monroe County for the land the hangar is
on to Robert W. Carew as part of this transaction.
Matthew C.Schulte Date
Exhibit A
* « J
f.EASE AGRE:PMrr�
THIS LEASE AGREEMENT is made and entered into this 19;/ day of March, 2007, by
and between Monroe County, a political subdivision of the Statc of Florida, whose edd"M is the
Florida Keys Marathon Airport. 9400 Overseas Highway, Marathon, FL 33040, hereinsilcr
COUNTY, and Matthew Schulte and David Rice, whose respective addresses are 205 W. Seaview
Lane, Marathon, FL 33050 and 133 Mockingbird Lane, Marathon, FL 33050. hereinaRer called
TENANTS or LESSEES.
WHEREAS, COUNTY owns an airport known a the Florida Keys Marathon Airport,
located in Marathon,Monroe County,Florida,and
WHEREAS, TENANTS, currently lease certain property at the Florida Keys Marathon
Airport,and
WHEREAS, TENANTS, Matthew Schulte and Robert Defield, entered in to a new lease
agreement in December 2006,and
WHEREAS, Robert De&W assigned all of his rights
.rntcreat and title to his portion of the
lease to David Rice, and
WHEREAS,since the signing of the original lease, the lease hold has
the names of the TENANTS have changed'and
hands and
WHEREAS, TENANTS and COUNTY agree that it would be preferable, for purp<,aca of
clarity to cancel all prcvious lefte ag
reements, and
WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities
for the leased properly in exchange for entering in to a new lease with a longer term,and
PAP I of 14
WHEREAS, TENANTS desire to obtain certain rights, services and privileges in
connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the
same to'TENANTS upon the terms and conditions haeinaRer stated, now,tlterefure,
IN CONSIDERATION of the premises and of the mutual ouvenants and agreements herein
contained, and other valuable considerations, COUNTY does hereby grant and leases unto
TENANTS, and TENANTS do hereby law from the COUNTY,certain premises, facilities. rights.
and privileges in connection with and on the Airport,as follows,to wit:
1KtQVnum
1) The parties mutually agree to cancel the October 15, 1997 Lease Agreement, the
February 19, 2003 Lease Renewal Agreement and the December 2006 Lease Agreement with
neither pwty hang any fiwha duty,obligation or liability to the other under the terms of that 1997
lease or its 2003 extension or the December 2006 lease. A copy of the 1997 leases. 2003 renewal.
the December 2006 lease,and the lease assignment from Robert Defield to David Rice are attached
to this lease as Exhibit A.
2) The COUNTY leases the property described is Exhibit B. here nfier the premises, to
the TENANTS for a term of Ten years,beginning on the 21at day of March.2007 and ceding on the
19th day of March, 2017. The TENANTS may renew this lease agreement for three additional five
year terms by providing the COUNTY with written notice of their intent to do so thirty(30)days or
more in advance of the terms expiration date.
3) The rental payment for the premises during the first year of this agreement is
S 191.75 per month, Plus the applicable sales tax,
payable at the Airport Director's Office, Florida
Keys Marathon Airport. 9400 Oversew Hi % araton, FL 33030,
Highway, 'Mh The monthly rental
payment will increaac for each successive year of the first ten (10) ye m by the following amount:
the: total rental amount for the year multiplied by the increase in the consumer price index (C.P.I.)
frw the Miami'Ft. Lauderdale area divided by twelve(12). Rent may be paid by the;month or year
Page 2 of 14
At the TENANTS'option. Following the initial term of ten(10)yeas,the rent charged will 6e at fair
market value estabfished after an appraisal of the promises. Following establishment of the fair
market value rental ratek the rent will thereafter he subject to the yearly CPI increases provided lirr
in this paragraph.
4) a) The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of any term at which the loose is not renewed.
TENANTS shall remove the existing hangar from the premises at TENANTS sole
expense.
b) (1) The TENANTS nay not conduct any commercial activity or operate an
FBO on the premises without the permission of the COUNTY. 71m premises are
leased striady for use by the TENANTS'private aircraft.
(11) The TENANTS must keep the COUNTY's Florida Keys Marathon
Airport Manager apprised of the names of persons and their aircraft that the
TENANTS have authorized to use the hangar facilities. The Manager must be
notified as soon as possible when an Authorized occupant is added or deleted.
c) The TENANTS are responsible for the maintenance of the hangar.
S) The TENANTS are responsibfe for insuring the leased premises.
a) Each TENANT shall obtain or possess the following insurance coverage'sand will provide Certificates of Insurance to COUNTY to verity such coverage.
gMMIRLwith limits not less
than S 1.000
000
(One.Willion)per occurrence
h) The Monroe County Board of County Commissioners will be included as
"Additional Insured" on all policicq issued to satisfy the above requirements. All
farms of insurance required above shall be fh)m insurers acceptable to the County.
Page Iof14
c) All insurance pnlicies must specify that Ihcy are not suhject to cancellation,
non-renewal, material change, or reduction in coverage unless a minimum of thirty
days prior notification is given to the Lessor by the insurer.
d) TENANTS shall maintain the ruyuirvd insurance (hniughout the entire term
of this lease and any extensions which may be entered into. The COUNTY, at its
sole option, has the right to request a certified copy of any and all insurance policies
required by this lease. Failure to comply with this provision shall be considered a
default and the COUNTY may terminate the lease in accordance with Paragraph 36.
Any deviations from these Cjonaal Insurance Requirements must be requested In
writing on the County prepared form entitled "Request for Waiver of insurance
Requirements"and be approved by Monroe County Risk Management.
6) In the event the premises are needed for the expansion of the Airport or the Federal
Aviation Administration requires the removal of premise improvements the County may caned this
lease upon nuWy (90) days written notice to the TENANTS. In the event of cancellation the
COUNTY will provide LESSEES with an alternative location. If a suitable alternative location is
unavailable or if mutual agreement as to location can not be reached,the COUNTY may cancel this
lease upon 30 days written notice to the TENANTS. In the event of relocation the COUNTY, at
COUNTY expense, shall relocate the LESSEE'S hangar to an alternate site in accordance with
Florida Keys Marathon Airport ALP.If an alternate site at the airport is not available,the COUNTY
will purchase the LESSEE'S lease hold at fair market appraisal value.
7) The TENANTS may assign this least with the approval of the Board of County
Commissioners, whose approval may not be unreasonably withheld.
8) The TENANTS must mit authorize. permit or sutra any cxmatrv�Kiun mortgage or
Other lien of any nature to be placed on the hangar.
PAge 4 of 14
Q) The TENANTS must pay all utilitieat, including gas, electricity, water and solid
waste disposal charge,irony,and any installation charges that may he ruyuired for those utilities.
10) The TENANTS must not make any unlawful or offensive use of the premises and
must permit the COUNTY or its agents to inspect the promises at all reasonable times.
11) The TENANTS must obtain, and keep in effect during the term of this lease, the
insurance described in paragraph S. The TENANTS may not begin thtir occupancy of the premises,
regardless of the commencement date of this Icsse, until they furnish proof satisfactory to the
C'OUNTY's Director of Risk Managanent that they have obtained the insurance policies required
by paragraph S.
12) Notwithstanding any minimum insurance requirmnents prescribed elsewhere in this
agreement.TENANTS shall defend, indemnify and hold the COUNTY and the COUNTY's elected
and appointed officers and employees harmless from and 1184iflot(i)any claims,actions or causes of
action, (11) any litigation, administrative proceedings, appellate procecdinA or odxw proceedings
relating to any type of h4ury(including death), loss, damage. fine, penalty or business interruption,
and (iii) any Costs or expenses (including, without limitation, Costs of remediation and costs of
additional security measures OW the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of or in connection with a
violation of any federal law or regulation,attorney's fees and costs, court costs, ftncs and penalties)
that may be asserted against, initiated with rasped to, or sustained by, any indemnified party by
reason of, or in connection with, (A) any activity of TENANTS or any of its employees, agents,
contractors or other invitees during the term of this lease, (8) the;negligence or willful misconduct
Of TENANTS or any of its employees, agents, contractors or other invitees, or (C) '1'I:NAN'1S
default in nmT.- ct of any of the obligations that it undertake under the terms of this lease, except to
the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from
the intentional or golc negligent acts or omissions of the COI rNTI' or any of its employ, agents,
Pasc 5 of 14
Aft
contractors or invitees (other than TCNAN'1'S). Insofar as the claims, actions, causes of action.
litigation, prucecdings, costs or expenses rotate to events or circumstances that occur during the
tern of this lease, this Section will survive the expiration of the term of this lease or any earlier
termination of this lease.
The extent of liability is in no way limited to, reduced, or lessened by tlx: insurance
requirements contained In paragraph S.
13) a) The TENANTS for themselves, their personal representatives, successors in
interest, and assignt as a part of the consideration hereof. do hereby covenant and
agree that
1) No person on the grounds of race, color. or national origin stall 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 famishing of services thereon, no person on the grounds of race,
color or national origin shall he excluded from participation in, denied the
benefits of,or be otherwise 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. Non-discrimination in Foderally-asaisted 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 brunch of any of the above non-discrimination covenants,
the COUNTY shall have the right to terminate the lease and to re-enter and as if said
lease had newer been made or issued. The provision shall not be effective until the
Page 6 of 14
procedures of Title 49, Code of Federal Regulations, Part 21 are followed and
completed including exercise or expiration of appeal rights.
c) It shall be a condition of this leases that the COUNTY reserves unto itself, its
successors and assigns, for the use and benefit of the public, a right of(tight for the
passage of aircmn 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, nuw 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.
d) That the TENANTS expressly agree for themselves, their successors and
assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the herein described real property to such a height so as to comply
with Federal Aviation Regulations,Part 77.
e) That the TENANTS agwmly agree for themselves, their successors and
assigns, to prevent any use of the herein described renal property which would
interfere with or adversely afW the operation or maintenance of the airport, or
otherwise constitute an airport ha?ard.
0 This lease and all provisions hereof are suhject and subordinate to the terms
and conditions of the instruments and documents under which the COUNTY
acquired the subject property from the United Statts< of America and shall be given
only such affect as will not conflict or be inconsistent with the terms and conditions
contained in the lease of said lands ft+om the COUNTY, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or
re gnrlations which have been. or may hereafter be adopted by the COL!NTY
pertaining to the Florida Keys Marathon Airport.
Pap'I of 14
. r
g) Notwithstanding anything herein contained that may be, or appear to he, to
the contrary, it is expressly understood and afire-ed that the: rights granted under this
agreement are non-exclusive and the COUNTY herein reserves the right to grant
similar pri%hlcgcs to another tenant or other tenants on other parts of the Airport.
14) This lease will be automatically be caracoled,and the title to the improvements on the
leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises
within six months of the commencement of this lase: or if, during the tam of the lase, the
promises are abandoned for a continuous period of six (6)months. This reverter provision applies
notwithstanding anything contained elsewhere in this lease agreement.
15) The TENANTS, on keeping the covenants and agreements set forth in this lease, are
entitled to quiet and peaceful eryoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by,through or under the COUNTY.
16) All communications between the parties should be between the following persons at
the following addresses:
Florida Keys Marathon Airport Director Mr.Matthew Schulte Mr. David P. Rice
Florida Keys Marathon Airport 205 W.Saview Lane 133 Mockingbird Ln.
9400 Overseas Highway Marathon,FI.33050 Marathon,FL 33050
Marathon.FL 33050
17) COUNTY agrees that TENANT is a two-party TENANT, each TENANT party
occupying and using one-?calf of the Leased Premisa. COUNTY agrees that each TENANT party
shall be responsible only for that TENANT Party's actions, omissions or defaults and that there
shall be no joint liability solely due to the actions,omissions or defaults of one TENANT party.
19) In the event of death of a TENANT party or abandonment of the Iesscd'premises by
a TENANT party, the other TENANT party shall have the option, but shall not be required to.
assume the use and occupancy of the other TENANT party's portion of the Leased Premises. and
Pate d of 14
upon doing so, shall hecxome the sole TENANT party from the date or death or abandonment
thereafter.
19) The TENANTS warrant that they have not employed, retained or otherwise had act
on their behalf any former COUNTY office 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. 10-199u.
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
feo, eommissioa, percentage, gift or oonsideration paid to the former COUNTY officer or
employee.
20) Venue for any litigation arising under this lease agreement must be in a court of
competent jurisdiction in Monroe County, Florida,
21) The COUNTY and its authorized officem employees, agents, contractors.
subcontractors and other representatives shall have the right to enter upon the leased pnernion for
the following purposes:
a) to inspect the lemad premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether TENANTS have
complied and are complying with the terms and conditions of this agreement with
,aspect thereto:
b) to perform essential maintenance, repair, relocation, or removal of the
existing facilitAif owned by the County), structure(if owned by the County),
perimeter security fence, underground and overhead wires, pipes, drains, cables and
conduits now located on or across the leased premises, and to construct. maintain,
repair, relocate, and remove such facilities in the future as nctw,ary to carry out the
Master Plan of development of the Airport. provided, however, that said work shall
in no event unduly interfere with the operations of TENANTS and, provided further,
Pacer 9 of 14
that the entire cost of such work, as a result of the exercise by the COUNTY of its
rights hereunder shall be borne by the COUNTY.
22) TENANTS and COUNTY agree that each shall he, and is, empowered to apply for.
seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
23) TENANTS and COUNTY agree that all disputes and disagreements shall be
attempted to be resolved by and and confer sessions between representatives of each of the parties.
If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue
or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue
or issues are still not resolved to the satisfaction of the parties,then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph
does not apply where a default has occurred under the provisions of this agreement.
24) In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, TENANTS and
COUNTY Agree to participate,to the extent required by the other party,in all proceedings,hearings,
Processes, meetings, and other activities related to the substance of this Agreement or provision of
the services under this Agreement. TENANTS and COUNTY specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
A party who requests the other party's participation in accordance with the terms of this paragraph
shall pay all reasonable expenses by the other parry by reason of such participation.
25) TENANTS and COUNTY Wvcnant that neither prescntly has any interact,and shall
not acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement. and that the only interest of each is to perfiirm and receive benefits as recited in this
Agreement.
Task 10(it 14
26) COUNTY agrees that officers and employcos of the COUNTY recognize and will be
reyuirud to comply with the standards of conduct fur public officers and empinyces as delineated in
Section 112.313. Florida Statutes, regarding, but not limited to, milicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship.and disclosure or use of certain information.
27) The TENANT'S and COUNTY warrant that, in respect to itself, it has neither
employed nor retained any company or person,other than a bona fide employee working solely for
it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person.company,
corporation, individual, or firm, other than a bona fide employee working solely for it. any fee.
commission. percentage. gift,or other consideration continent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the TENANTS agrees that
the COUNTY shall have the right to terminate this Agreement without liability and,at its discretion,
to offad from monies owed, or otherwise recover, the till amount of such fee, commission,
percentage,gift,or consideration.
28) Notwithstanding the provisions of Sec. 768.28. Florida Statutes. the participation of
the COUNTY and the TENANTS in this Agreement and the acquisition of any oommercial liability
insurance coverage, self-insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the COUNTY be required to contain any provision for waiver.
29) Non-Delegation of Constituti(mal or Statutory Dutics. This Agreement is not
Intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility impoxed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in satisfaction of
the obligation or responsibility. Further, this Agreement is not intended to, cur shall it be construed
Page I I of 14
ct ��
as,authorizing the delegation of the constitutional or statutory duties of the COUNTY,except to the
extent permitted by the Florida constitution,state statute,and case law.
30) No pawn or entity shall be entitled to rely upon the termA, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or eamillement to or benefit of any
service or program contemplated hereunder, and the COUNTY and the TENANTS agree that
neither the COUNTY nor the TENANTS or any agemt,officer,or employee of either shall have the
authexity to inform, counsel, or otherwise indicate that any particular individual or group of
individuahr,entity or t wities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
31) No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
sty, and no member, officer, agent or employee of Monroe County shall be liable personally
on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agro ment.
32) This Agreement may be executed in any number of counterparts,each of which shall
be regarded as an original,all of which taken togdhcr shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
33) 71 B lease has been carefully reviewed by both the LESSEE and the COUNTY.
Therefom this lease is not to be construed against any party on the basis of authorship.
34) nil lease reprcaents the parties' final and mutual understanding it replsees any
earlier agnxxnents or understandings. whether written or oral. This lease cannot be modified or
replaced except by another signed lease or lease amendment.
Page I Z of 14
35) Nothing in this lease should he read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this Disc does not waive another breach
of that or any other obligation.
36) This lease may be canceled at the discrztion of the COUNTY in the fi'llowing
circumstances:
a) LESSEE fails to timely pay the rent;
b) LESSEE fails to obtain the insurance required under this lease or allows the
required insurance coverep to lapse or fall below the minimum required;
c) LESSEE otherwise breaches the terms of this lease,or
d) Cancellation is required to aecanunodate Amore Airport growth,or
e) Cancellation is required due to F.A.A.requirements.
In the eau of the deWtAreach occurrences described in subparagraphs 36(aX(b) and (c).
the COUNTY's Marathon Airport Director shall first give the LESSEE a written notification stating
the default/breach and that the Lessee has 10 days to correct the default/breach. T'be Lessee shall be
notified by certified mail return receipt requested that he has 10 days to carnet the default/breach.
Notice shall be presumed upon return of a signed retum receipt. !f the nature of the default/brach is
such that it cannot be cured in 10 days. the Lessee shall inform the County in writing of the reason
why the default/bresch cannot be cured in 10 days and shall provide a written plan showing how the
defaultAweach will be cured in a timely manner. If the Lessee has not corrected the default/breech
at the end of the 10 days or if the Lessee has provided a cure plan. which the Lessee has Failed to
timely and diligently execute; then the County may cancel the lease in its discretion. In the case of
Cancelation occurring as described in subparagraphs 36(d) and (a). COUNTY shall proceed in
accordance with paragraph 6 of this agreement,
IN WITNESS WNFREOF.the parties have set their hands and seal.
Page 13 of 14
r
(SEAS.) BOARD Or COUNTY COMMISSIONERS
ATTEST:• LAOE,CLERK OF MONROE COUNTY,FLORIDA
.q
By
t>�o film?
MayodChaieperaot�
WITNESSES TPNAWS
Hy
Duo
By
�e e. David P.Rk —
Dow_ 3-1 1p -7
O Ab
7
oaa
i =
r=
r�c•�! �
r7
D ri ti
No 14 of 14