Item C27 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/17/2013 Division: County Administrator
Bulk Item: Yes Department: Ai arts
Staff Contact Person/Phone#: Don DeGraw, 289-6060
AGENDA ITEM WORDING: Approval ..._...se Buyou._.,_._.. .
. of Lea t Agreement between Steven Strobbe and Monroe
County.
BACKGROUND: agreement sHangar y Marathon in the
Runway Protection one(RPZ). This is or the` We Bay"of Oe o (1) of the eleven (11)
hangars. The FAA has given us funds to buy out the leases and demolish the hangars.
P VI U S
........._L Y..m.. . _ ,a`C" C`f` r,-a,,t r,at .w 7--201 ..�._
VAT CC CTI . FAA Grant ratified 10-17-2012.
CONTRACT/AGREEMENT.... .CHANGES:... m...._ .. ... ...W...m m__..m.
New Agreement
STAFF RECOMMENDATION: Approval.
TOTAL COST: $11, 15.38 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 PF : None
REVENUE PRODUCING: Yes No _ AMOUNT PER YEAR: NA
• ty Y" , asing Risk ...
APPROVED BY: Coun Attorne OMB/Purch Management"
DOCUMENTATION• Included. Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract#
Contract with: Steven Strobbe Effective Date:
Expiration Date:
Contract Purpose/Description, Remove RW Obstr./RPZ-®Steven Strobbe (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.)............ ........11-......... ................ ..............
. ............ ..... ----—---- """"""""
CONTRACT REVIEW
Changes
Date In Needed viewer Date Out
Yes No
1 Airports Director 07/02/2013
07/02/2013
P#er o n
Risk Manageme n t I/
r Risk M na me
O.M.B./Purchasing or
County Attorney —I—/—
.......... .....
Comments:
....................... ..................... ................ ...................... ......... .........
FLORIDALEASE BUYOUT AGREEMENT
YMARATHON
THIS LEASE AGREEMENT made and entered into this 1 `" day of June, 2013 b
and between MonroeCounty, a political subdivision of the State of Florida, whose address is
0 Overseas Highway, Marathon, FL 350, hereafter "County", and Steven Stobbe,
whose address is 4916 Caney Court, Port Richey, FL 34688, hereafter"Tenant" or"Lessee"
WHEREAS, Lessee and County entered in to a Lease Agreement dated March 2 1,
2007, ;
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
term 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 ENT. The Lease Agreement dated March 21,
207 between County and Lessee is hereby terminated ith 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
under the terms and conditions of the March 21, 2007 Lease Agreement.
11
IN WITNESS WHEREOF,the parties have caused this lease to be executed this day of
....... Ly 2013.
(SEAL) BOARD OF COUNTY COMMISSIONERS
AT'I'EST:AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA
By___ By
Clerk Mayor/Chairperson
LESSEE: Steven S 'obbe
nature)
STATE OF FLORIDA
COUNTY OF MONROE
PERSONALLY APPEARED BEFORE ME, the undersigned authority, (name of individual
signing) who, after first being sworn by me, affixed his/her
signature in the space provided above on this day of
2013
My commission expires: 6513flaoly-
(Seal)
Nota�rt-iblicl q- -State of Florida RAYMA J.MOTT
MY COMMISSION#DD996492
EXPIRES May 31,2014
(407)39b-0153 FloAdaNetrr
I 0flq E- G, t)IN TY AT"" RNEY
F
U ,
IT
PEDROJ �OE'�,CADO
AISSISTAN
12
Exhibit A
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this y" day of
Se-of e.,&e r- , 2010,by and between Monroe County, a political subdivision
of the State of Florida,hereafter County, David P. Rice, Assignor and Steven Strobbe,
Assignee,the parties agreeing as follows:
1. The County leases to Assignor the west 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 r C- z b e r , 2010 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 the
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
by all the terms and conditions of the original agreement,as amended above.
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE,CLERK OF MONROE OUN A
By:
Deputy Clerk Mayor/Chairman
ASSIGNEE
By• By.
otary Public-State of Florida ;ev4entrobbe
4916 Caney Court
(SEAL)CoNMI
Port Richey, FL 34668 �., o -�
?9*94 �.. o r=
- to CD
. - m o
ASSIGNOR: -
tV O
�1 By. ,_ a ;:0
Notary Publi -State of Florida David Rice '-'�� r''
133 Mockingbird Lane -1n `=° C)
My Commission Expires: Marathon,FL 33050 o CD
0
(SEAL)
��►�,w TAMARA LTtiOM M COUNTY ATT N E
* *111rC0Al1lONfDD80323, P v AS TO
EXPIRES:July 4.2013
,�'�0f lla�el>rrYu�tNapryswras PEDRO J. M ADO
AiISTANT COUN ATTORNEY
Date
Exhibit
AGREEMENT FOR SALE AND ASSIGNMENT
Comes now, David Rice (hereinafter referred to as "assignor" ) and Steven
Strobbe (hereinafter referred to as "assignee") and agree as follows:
1. The assignor is the owner of a hangar located at the Marathon Airport
which is located on land being leased from Monroe County, Florida known
as Hanger one west bay.
2. It is the intent of the Assignor herein to assign all of its rights, title and
interest in said hangar and lease to Steven Strobbe the assignee for the
consideration of$15,000.
3. The $15,000 paid in the form of a $1,000 deposit on August 2, 2010 with
the balance due on transfer of the assignment from the Monroe County
Commission to Assignee.
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 of this letter
a reement the parties hereby agree to this sale and assignment dated this
1�day of 2010.
Assignor Assig e
d�
David Rice teven Strobbe
Exhibit
LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into this , ay of March, 2007,by
and between Monroe County, a political subdivision of the State of Florida, whose address is the
Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33040, hereinafter
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, hereinafter called
TENANTS or LESSEES.
WHEREAS, COUNTY owns an airport known as 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 Defield assigned all of his rights, interest and title to his portion of the
lease to David Rice, and
WHEREAS, since the signing of the original lease, the lease hold has changed hands and
the names of the TENANTS have changed,and
WHEREAS, TENANTS and COUNTY agree that it would be preferable, for purposes of
clarity to cancel all previous lease agreements,and
WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities
for the leased property in exchange for entering in to a new lease with a longer term, and
Page 1 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 hereinafter stated,now,therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, COUNTY does hereby grant and lease unto
TENANTS, and TENANTS do hereby lease from the COUNTY, certain premises, facilities,rights,
and privileges in connection with and on the Airport,as follows,to wit:
WITNESSETH
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 party having any further 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 lease, 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 in Exhibit B, hereafter the premises, to
the TENANTS for a term of Ten years,beginning on the 21 st day of March,2007 and ending 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 term's expiration date.
3) The rental payment for the premises during the first year of this agreement is
$191.75 per month, plus the applicable sales tax, payable at the Airport Director's Office, Florida
Keys Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050. The monthly rental
payment will increase for each successive year of the first ten (10) years by the following amount:
the total rental amount for the year multiplied by the increase in the consumer price index (C.P.1.)
for the Miami,tFt. 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)years,the rent charged will be at fair
market value, established after an appraisal of the premises. Following establishment of the fair
market value rental rate, the rent will thereafter be subject to the yearly CPI increases provided for
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 lease is not renewed,
TENANTS shall remove the existing hangar from the premises at TENANTS sole
expense.
b) (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 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.
5) The TENANTS are responsible for insuring the leased premises.
a) Each TENANT shall obtain or possess the following insurance coverage's
and will provide Certificates of Insurance to COUNTY to verify such coverage:
Aircraft Lia i 't to include coverage for the structural ises with limits not less
than$1,000,000(One Million)per occurrence
b) The Monroe County Board of County Commissioners will be included as
"Additional Insured" on all policies issued to satisfy the above requirements. All
forms of insurance required above shall be from insurers acceptable to the County.
Page 3 of 14
c) All insurance policies must specify that they are not subject 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 required insurance throughout 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 General 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 cancel this
lease upon ninety (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 lease with the approval of the Board of County
Commissioners,whose approval may not be unreasonably withheld.
8) The TENANTS must not authorize, permit or suffer any construction mortgage or
other lien of any nature to be placed on the hangar.
Page 4 of 14
9) The TENANTS must pay all utilities, including gas, electricity, water and solid
waste disposal charges, if any, and any installation charges that may be required 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 premises at all reasonable times.
11) The TENANTS must obtain, and keep in effect during the term of this lease, the
insurance described in paragraph 5.The TENANTS may not begin their occupancy of the premises,
regardless of the commencement date of this lease, until they furnish proof satisfactory to the
COUNTY's Uirector of Risk Management that they have obtained the insurance policies required
by paragraph S.
12) Notwithstanding any minimum insurance requirements 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 against(i)any claims,actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury(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 that 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, fines and penalties)
that may be asserted against, initiated with respect 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, (B) the negligence or willful misconduct
of TENANTS or any of its employees, agents, contractors or other invitees, or (C) TENANTS
default in respect of any of the obligations that it undertakes 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 sole negligent acts or omissions of the COUNTY or any of its employees, agents,
Page 5 of 14
contractors or invitees (other than TENANTS). Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
term 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 the insurance
requirements contained in paragraph 5.
13) a) The TENANTS for themselves, 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, 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 or national origin shall be 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 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 non-discrimination 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 provision shall not be effective until the
Page 6 of t4
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 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 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 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 Florida Keys Marathon Airport.
Page 7 of 14
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 non-exclusive and the COUNTY herein reserves the right to grant
similar privileges to another tenant or other tenants on other parts of the Airport.
14) This lease will be automatically be canceled, 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 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.
15) 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.
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. Seaview 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-half of the Leased Premises. 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.
18) In the event of death of a TENANT party or abandonment of the leased 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
Page 8 of 14
upon doing so, shall become 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. 10-1990.
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.
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 officers, employees, agents, contractors,
subcontractors and other representatives shall have the right to enter upon the leased premises for
the following purposes:
a) to inspect the leased 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
respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing facility(if 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 necessary 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,
Page 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 bome by the COUNTY.
22) TENANTS and COUNTY agree that each shall be, 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 meet 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 party by reason of such participation.
25) TENANTS and COUNTY covenant that neither presently has any interest, 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 perform and receive benefits as recited in this
Agreement.
Page 10 of 14
26) COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation 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 TENANTS 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 contingent 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 tenninate this Agreement without liability and, at its discretion,
to offset from monies owed, or otherwise recover, the full 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 commercial 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 Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed 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, nor shall it be construed
Page I I of 14
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 person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement 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 agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities,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
capacity, 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 Agreement.
32) This Agreement may be executed in any number of counterparts, each of which shall
be regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
33) This lease has been carefully reviewed by both the LESSEE and the COUNTY.
Therefore,this lease is not to be construed against any party on the basis of authorship.
34) This lease represents the parties' final and mutual understanding. it replaces any
earlier agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another signed lease or lease amendment.
Page 12 of 14
35) Nothing in this lease should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this lease does not waive another breach
of that or any other obligation.
36) This lease may be canceled at the discretion of the COUNTY in the following
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 coverage to lapse or fall below the minimum required;
c) LESSEE otherwise breaches the terms of this lease,or
d) Cancellation is required to accommodate future Airport growth,or
e) Cancellation is required due to F.A.A. requirements.
In the case of the default/breach occurrences described in subparagraphs 36(a),(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. The Lessee shall be
notified by certified mail return receipt requested that he has 10 days to correct the default/breach.
Notice shall be presumed upon return of a signed return receipt. If the nature of the default/breach is
such that it cannot be cured in 10 days,the Lessee shall inform the County in writing of the reason
why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the
default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach
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
cancellation occurring as described in subparagraphs 36(d) and (e), COUNTY shall proceed in
accordance with paragraph 6 of this agreement.
IN WITNESS WHEREOF,the parties have set their hands and seal.
Page 13 of 14
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ATTEST:ID BOARD OF COUNTY COMMISSIONERS
GE,CLERK OF MONROE COUNTY,FLORIDA
By ��� /*
Date 1Iel*2001 Mayor/Chairperson
WITNESSES TENANTS
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Page 14 of 14
* OLD REPUBLIC INSURANCECOMPANY W I ir
CERTIFICATE OF INSURANCE PN0EV1\.\Y1.1r10N
This is to certify to MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
(Certificate Holder): FLORIDA KEY MARATHON AIRPORT
ATTN:STACY
9400 OVERSEAS HIGHWAY,SUITE 200
MARATHON, FL 33060 'NA JJLL4:t
The following policy(ies) SMS FLIGHT SERVICE LLC
have been issued to: 4918 CANEY CT \'
PORT RICHEY,FL 34668-6233 L• �t =
c, _ .
AIRCRAFT POLICY NO: AV 10244301 POLICY PERIOD: FROM. 12/29/2009 TO 12/29/2010
THIS COVERAGE IS EFFECTIVE 12:01 AM 09/09/2010
INSURANCE COMPANY: OLD REPUBLIC INSURANCE COMPANY :C���G �✓ �f
LIABILITY COVERAGES: LIMITS OF LIABILITY v
EACH PERSON EACH OCCURRENCE
® Single Limit Including Passengers, $XXXX $1,000,000
® with Passenger Liability Limited to: $100,000. $XXXX
DESCRIPTION OF AIRCRAFT PHYSICAL DAMAGE COVERAGE: ALL RISKS GROUND AND IN-FLIGHT
FAA INSURED DEDUCTIBLES
NUMBER YEAR MAKE 6 MODEL VALUE NOT IN-MOTION IN-MOTION
N53310 2003 CESSNA 182 $227,500. $0 $200,
$ $ $
$ $ $
❑ As respects any Aircraft Owned and Operated by the Named Insured and covered under the above referenced Policy
THIS CERTIFICATE HOLDER IS:
LJ Included as a Lass Payee for Aircraft Physical Damage Coverage.
❑ Breach of Warranty Coverage on Aircraft Physical Damage as their interest may appear not to exceed 90%of the Insured Value.
® Included as an Additional Insured on Aircraft Liability Coverage but only with respect to hangaring and tie-down of insured aircraft
❑ Provided a Waiver of Subrogation on Aircraft Physical Damage Coverage,but only
OTHER COVERAGES/CONDITIONSIREMARKS:
Provision has been made to give the Certificate Holder ttarty(30)days Notice of Canceledon of any porky shove,however,the Company assumes no
responsibility for the failure to provide such notice. This Certificate of Insurance neither affirmatively nor negatively amends, extends, nor alters the
coverage afforded by the policy(les)numbered in this certificate,
Agency Name NATIONAIR INSURANCE AGENCIES Phoenix Aviation Representative:
Agency Phone: 772-918-4331 r
Date September 10,2010
1990 VAUGHN ROAD,SUITE 350 KENNESAW,GA 301441 PH-(770)590-49501 FX (770)590-0599
A MEMBER OF THE OLD REPUBLIC INSURANCE COMPANY
a
OLD REPUBLIC INSURANCE COMPANY
ADDITIONAL INSURED - HANGARED/TIED DOWN
IT IS AGREED THAT THE FOLLOWING IS HEREBY INCLUDED AS AN ADDITIONAL INSURED
UNDER LIABILITY COVERAGES, BUT ONLY AS RESPECTS THE HANGARING OR TYING DOWN
OF THE AIRCRAFT. THIS AGREEMENT SHALL NOT OPERATE TO PREJUDICE THE COMP S
ANY'REPAIRERS,
RIGHT OF RECOURSE AGAINST THE FOLLOWING AS MANUFACTURERS,
SUPPLIERS OR SERVICING AGENTS WHERE SUCH RIGHT OF RECOURSE WOULD HAVE
THIS
EXISTED HAD THIS ENDORSEMENT NOT BEEN EFFECTED UNDER POLICY:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
FLORIDA KEY MARATHON AIRPORT
ATTN: STACY
9400 OVERSEAS HIGHWAY, SUITE 200
MARATHON, FL 33050
THE COVERAGE LIMITS AFFORDED HEREUNDER SHALL BE INCLUDED WITHIN AND NOT IN
ADDITION TO THE LIMITS APPLICABLE TO THE NAMED INSURED.
Nothing herein contained shall vary, alter, waive or extend any of the
terms, provisions, representations, conditions or agreements of the policy
other than as above stated.
This endorsement becomes effective SEPTEMBER 10, 2010 to be attached to and
hereby made a part of Policy No. AV 10244301 issued through OLD REPUBLIC
INSURANCE COMPANY, issued to: SMS FLIGHT SERVICE LLC
4916 CANEY CT
PORT RICHEY FL 34668-6233
This endorsement shall not be valid unless approved by the Aviation Managers
of the company.
Date of issue 09-10-2010 Phoenix Avi i Managers, Inc.
AV210 (04/94) BY