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04/17/2002 Agreementcim eme Circuit court Danny L. Kolhage FAX ((305) 5-366 50 Clerk of the Circuit Court FAX (305) 295-3663 e-mail: phancock@monroe-clerk.com Virvu37;�.i_�iliiia TO: Peter Horton, Manager Monroe County Airports ATTN: Bevette Moore Airport Business Administrator FROM: Pamela G. Han Deputy Clerk DATE: July 3, 2002 _ At the April 17, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of Key West International Airport Lease Agreement between Monroe County and KWIA Hangar Association for a hangar development project at the Key West International Airport. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document Risk Management w/o document County Attorney Finance File/ KEY WEST INTERNATIONAL AIRPORT LEASE AGREEMENT THIS LEASE is entered into by MONROE COUNTY, a political subdivision of the State of Florida, hereafter County, Lessor, or Owner, and KWIA HANGAR CORPORATION, a Florida corporation, hereafter Lessee or Tenant. WHEREAS, the County owns and operates Key West International Airport (KWIA) and, on the effective date of this lease, the shareholders of Lessee have individual existing leases at KWIA for hangars and tie downs; WHEREAS, the County and Lessee desire to have the County construct new hangars at KWIA and to upgrade the infrastructure that will serve the new hangars sites for the benefit of Lessee and its shareholders and benefit the County through increased rent ; WHEREAS, the construction of new hangars and related infrastructure require the relocation of the Lessee's shareholders hangars and the cancellation of the leases for the same; now, therefore, IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as follows: 1. This Lease takes effect on April 17, 2002. The term of the lease is for 30 years. However, the term does not commence to run until the date the new hangars and related infrastructure contemplated by this lease are available for use by the Lessee's shareholders. The County's KWIA Director (Director) must notify, in writing, the Lessee of that date. The Director must also cause a copy of his notification to be attached to the copy of this Lease Agreement kept by the Clerk of the Circuit Court and the copy kept in the public records of the Director. The Lessee and Lessee's shareholders agree that the date set forth in the Director's writing is irrefutable evidence of the date on which the 30 year term begins to run. 2. The County leases to Lessee the area shown on Exhibit A, hereafter the Leasehold. Exhibit A also depicts the new hangars to be built by the County pursuant to this lease. Exhibit A is attached to this lease and made a part of it. The leasehold is part of the larger Project area, which includes related infrastructure, and is shown on Exhibit B, hereafter the Project or Project Area. Exhibit B is attached to this lease and made a part of it. 3. a) The Lessee's shareholders' existing KWIA leases in effect on the date of this lease are as follows: 1. Fred Cabanas, hangar lease expires 10/21/04 2. Dion, hangar lease expires 4/20/14 3. East Coast, hangar lease expires 2/7/05 4. ICFS, hangar #1 lease expires 2/21/05 S. ICFS, hangar #2 lease expires 5/15/15 6. SKII, hangar lease expires 2/15/04 7. Lockwood, hangar lease expires 11/26/04 8. Norquoy, hangar lease expires 10/1/04 9. Rockland, hangar lease expires 10/31/09 10. Samaha, hangar lease expires 2/21/15 11. Turco, hangar lease expires 10/1/04 All leases listed in this paragraph are attached to this lease as Exhibit C and made a part of this lease. The Lessee's shareholders are also referred to in this Agreement as existing hangar leaseholders. b) No new hangar or infrastructure construction provided for in this lease may begin within the Project Area until the County has paid the Lessee's shareholders listed in subparagraph a) 95% of the fair market value (FMV) of their leases. The FMV to be paid for the shareholders' leases will be made by Padron Appraisers. The Lessee's shareholders agree to accept as full payment and compensation for their leases the amount determined by Padron Appraisers to be FMV. When the shareholders receive the amount from the County determined by Padron Appraisers to be the FMV, and this Lease becomes effective, then the leases listed in subparagraph (3)(a) will automatically be canceled and will become void, with the County no longer having any duty, liability or obligation to Lessee's shareholders with respect to those canceled leases. The Lessee's shareholders agree to provide a written acknowledgment of the cancellations, and an acknowledgment of no County liability, to the County, FDOT, or the FAA, if requested. When canceled, the shareholders may remove the existing hangars at their own expense within ten days of the cancellation date. Otherwise the County will demolish the hangars and remove the debris, as part of the construction contract, contingent on FAA and FDOT funding. 2 c) However, the County does not become obligated to pay the Lessee's shareholders for their leases until such time as the County has received all necessary permits for the Project from the government agencies having jurisdiction over the Project, received FAA and FDOT funds to pay the existing hangar leaseholders the 95% of FMV, and binding contracts for construction of the Project have been entered into by the County. Commencing on the date that the County executes the last contract necessary for the construction Project, the County then has 45 days to pay the Lessee's shareholders the previously determined 95% FMV for their leases. Provided, however, that prior to the execution of binding construction contracts by the County, the Lessee may, on behalf of the Lessee's shareholders, refuse payment for the leases and terminate this Lease if: 1. After completion of the permitting process, the Lessee determines that the Project is not economically feasible for its shareholders or is no longer in their best Interest; 2. After completion of the Project's architect and engineering (A&E) designs, the Lessee determines that the Project is not economically feasible for its shareholders or is no longer in their best interest; 3. After the Project construction bids are received but before the County has entered into biding construction contracts, the Lessee determines that the Project is no longer economically feasible or no longer in the best interest of its shareholders. The Lessee must determine whether it is going to terminate this Lease pursuant to subparagraphs 1 - 3 above, within ten days of the County making available for Lessee's examination the final permits, A&E plans, or Project construction bids. The Lessee must affirmatively notify the County in writing of its intent to terminate pursuant to this paragraph within those ten days. Without such timely written notification this Lease will remain in full force and effect. If the Lessee elects to terminate the Lease Agreement under this subparagraph, then the County, Lessee and Lessee's shareholders will not have any further obligation to the others and the parties will not incur any liability to pay money to the others on account of the termination. The County need not refund any architectural, engineering, or permitting costs paid to the County prior to the date of termination. 3 4. a) The Lessee agrees to pay one-half of the estimated permitting and A&E costs, up to $490,000. Since the permitting and A&E costs are primarily up front expenditures, within 20 days of the effective date of this lease, Lessee must pay to the County an amount equal to one half of such costs. Failure of Lessee to timely pay the County the estimated A&E and permitting costs is a material breach of this Lease entitling the County to terminate it without liability to Lessee or its shareholders. b) The Lessee agrees to pay one-half of the Project construction costs, as stated in the construction bids. Lessee must pay one-half of the construction costs to the County within 20 days from the date of notification by the County that the construction bids are available for examination and the Lessee elects not to terminate this Lease under paragraph 3. Failure of the Lessee to timely pay the construction funds is a material breach of this lease that will entitle the County to immediately terminate it without any liability or obligation to the Lessee or its shareholders. c) The County's Clerk will keep the Lessee's funds paid pursuant to this paragraph in a separate account. The Lessee's funds on deposit with the Clerk will only be released by the Clerk for the payment of Project costs authorized by this lease. Before any payment may be made, the County must furnish the Clerk an invoice in a form satisfactory to the Clerk from the County detailing the Project items for which payment from the Lessee's funds is sought. Upon completion of the Project, and after final payment to the general contractor and the County's receipt of releases from all subcontractors and materialmen, the County shall refund any of the Lessee's unspent funds paid to the County pursuant to this paragraph to the Lessee. If the Lessee elects to timely terminate this Lease pursuant to subparagraph 2 (c)1-3, then any Lessee funds paid to the County but unspent shall be refunded to the Lessee. Provided, however, that the County is under no obligation to refund or pay back Lessee funds spent, or obligated for, Project costs prior to the date the County received Lessee's written notice of termination. If the actual construction costs exceed the bid price(s) and the Project architect consents to additional payment(s) to the contractor(s), then the County and Lessee are each liable for one- half of the additional amount(s). The Lessee shall pay the additional amount to the County within 4 ten days of a County request for the additional funds. Lessee is responsible for 100% of the change order cost if the change order is requested by the Lessee. No rent credit is available for Lessee's requested change orders. After the binding construction contracts are executed by the County, the Lessee agrees to pay one-half of the extra costs incurred by any change orders or other increase in construction costs as long as such costs are approved by the County's architect. Lessee shall be entitled to a rent credit for any extra costs incurred but at an amount not the exceed $50,000 per year. 5. a) The County is in charge of, and responsible for, all construction of the Project. When all the necessary governmental permits for construction have been obtained and available FAA and FDOT funding secured, the County must begin Project construction as promptly as is consistent with the statutes, ordinance and policy resolutions governing the bidding and award of bids for the construction of public works. Once construction is commenced, the Project must be completed within 395 days, although the County may extend that time in the event of acts of God, man-made disasters, or construction, labor disputes, or time extensions authorized through change orders. b) Since the County is the Developer of the Project, the County will not charge the Lessee or its shareholders any County building permit fees or impact fees. 6. All Project improvements, including the leasehold hangars, are the property of the County. 7. During the course of the construction of the Project, the County will cause the wind cone to be relocated as shown on Exhibit B. The relocation is part of the total Project costs and thus subject to any matching funds or up front funding obligation of the Lessee. 8. a) The Lessee and Lessee's shareholders may occupy the leasehold and utilize the common infrastructure shown on Exhibit B as soon as the Lessee receives the Director's written notification that the new hangars and infrastructure are available for use. b) Each of the Lessees/Shareholders referred to above shall have the right to occupy and use one of the new leasehold hangars during the term of this Lease pursuant to the terms of a Sublease between Lessee and each of its Shareholders/Sublessees. However, Lessee 5 has the authority to designate which of its Shareholders occupy and use the individual hangars, the occupancy and use being subject to all of the conditions of this Lease and all of the conditions of the Sublease and rules and regulations of Lessee. Lessee shall have the right to add or delete Shareholders and to sublet each of the hangars on terms and conditions to be determined between Lessee and each sublessee. c) Lessee must pay as rent for the leasehold the amount of $75,000 per year, due in advance and monthly ($6250) by the fifth day of each month, plus any applicable sales tax. If any sales or other tax on the rental payments or leasehold is levied by the State of Florida then the Lessee is also responsible for the payment of such taxes. The rent is first due when the term of this lease begins as provided in paragraph 1. The rental shall be adjusted on the anniversary date of the commencement of the lease term in a percentage equal to the percentage increase in the CPI for the immediately prior calendar year. d) The leasehold uses are limited to the following: 1. the storage of privately owned aircraft of aircraft owned by the Lessee or their sublessees; 2. aircraft maintenance and repair which is authorized by the FAA for aircraft owned by Lessees or Sublessees; 3. sight seeing flights, seaplane trips, and banner towing but only when authorized through an agreement with the FBO. No commercial uses except those just described are allowed. Notwithstanding the foregoing, Island City Flying Service and Fred Cabanas shall be allowed to use their designated hangars for commercial purposes consistent with the terms of the Lease between Lessor and Island City Flying Service. 9. During the term of this Lease the Lessee and Lessee's shareholders must keep in full force and effect the insurance described in Exhibit D. Notwithstanding anything contained elsewhere in this agreement, neither the Lessee nor its shareholders may occupy or use the leasehold until satisfactory evidence is presented to the County's Risk Management Director that the insurance described in Exhibit D has been obtained by Lessee and its shareholders. Once every three years, the County may amend the insurance requirements of Exhibit D if the County's 0 Risk Management Director determines that an amendment of the insurance coverage terms is needed to protect the County or members of the public. Failure to obtain or keep in force and effect the insurance required in Exhibit D is a material breach of this lease and entitles the County to immediately terminate the lease with no liability to Lessee, or its shareholders or third persons subleasing from Lessee, to order the immediate cessation of leasehold operations and the vacation of the leasehold by Lessee and its shareholders and any third persons subleasing from Lessee. The insurance requirements of Exhibit D are for the protection of the public and the County generally and not any specific individual. The failure of the County to enforce the insurance requirements of Exhibit D cannot form the basis of liability to any specific individual or individuals. 10. a) The Lessee is responsible for all maintenance of the hangars. As required by paragraph 9 of this lease, the Lessee must have, among other policies, structure insurance for the hangars. Therefore, if any of the hangars are damaged or destroyed, the Lessee is responsible for the repair or replacement of the damaged/destroyed hangar(s). The damaged/destroyed hangars must be replaced or repaired within one year of the date of damage or destruction although the time may be extended by the County for good cause shown. b) The County is responsible for maintaining, and repairing or replacing when damaged or destroyed, all infrastructure other than the hangars. 11. The Lessee is liable for and must fully defend, release, discharge, indemnify and hold harmless the County, the members of the County Commission, County officers and employees, and County agents and contractors, from and against any and all claims, demands, causes of action, losses, costs and expenses of whatever type - including investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or are attributable to the Lessee's operations at KWIA excluding those claims, demands, damages, liabilities, actions, causes of action, losses, costs and expenses that are the result of the negligence of the County. The Lessee's purchase of the insurance required in paragraph 9 and Exhibit D does not release or vitiate its obligations under this paragraph. r1 12. If funds are not provided by the United States for the operation of the KWIA control tower, navigation aids or other facilities needed by Lessee and its shareholders to use the leasehold, the County is under no obligation to provide those facilities or services. 13. a) The Lessee and its shareholders must comply with all ordinances and resolutions of the County, whether in effect on the date this Lease takes effect, or adopted later, that affect its use of its KWIA leasehold. The Lessee and its shareholders must also comply with all laws, statutes, regulations and rules of the federal or state government, that affect the Lessee's and its shareholders' flight operations or its use of the KWIA leasehold. The Lessee's and its shareholders' obligation to obey federal and state laws, statutes, regulations and rules, includes not only those in effect on the effective date of this Lease, but those adopted after that date. b) After Lessee's occupation of the leasehold, the Lessee must pay any penalty, assessment or fine of the federal or state government imposed on the County that arises out of, or is attributable to, the Lessee's, sublessees', or Lessee's shareholders' operations at KWIA. The Lessee must also defend in the name of the County any claim, assessment or civil action that is initiated by the federal or state government against the County that is based in whole or in part on a claim that any aspect of the Lessee's operations at KWIA violated a law, statute, rule, regulation, or program or Project criteria. 14. The Lessee and its shareholders for itself, its 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 disability, 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 commercial flights serving KWIA, (2) that in the provision of such services, 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 Lessee shall provide such services 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, 111 Nondiscrimination in Federally -assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate this agreement as if said agreement 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. 15. 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 hereinafter 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. 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 expressly 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. 16. 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 such lands from the Airport Owner, 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 Owner pertaining to the KWIA. 17. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the County herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. 18. a) In addition to any other remedies available at law or equity, the County may treat the Lessee in default and terminate this lease if the Lessee or its shareholders fails to comply with its obligations under this lease. Except as separately provided in the paragraphs concerning the payment of funds for the permitting and A&E and Project construction costs, and insurance, before the County may terminate this lease, the County must give the Lessee a written notice of default stating that, if the default is not cured within 30 days of the Lessee's receipt of the notice, then the County will terminate the lease. Provided, however, that if the default is caused by the action(s) or omission(s) of a sublessee of the Lessee, then so long as the Lessee is diligently prosecuting an action in law or equity to correct the default, then the 30 day period is tolled until the final order of a court is entered. The County agrees to be bound by the final order of the court; however, Lessee consents to the County's intervention in any Lessee/sublessee litigation so that the County's interests may be adequately represented. A consent to County intervention must also be in all Lessee's leases with its sublessees. Termination under this paragraph does not relieve the Lessee or its shareholders from the payment to the County of whatever damages the County suffered because of the Lessee's default. This paragraph will survive the termination of this Lease. b) Notwithstanding subparagraph 18(a) or anything contained elsewhere in this Lease, if the Lessee or any of the sublessees cause, suffer, or permit, any condition, of whatever type, to occur or arise on the Lessee's or sublessee's premises that constitutes an immediate danger to property, life, or the safe operation of KWIA, the County reserves the right to have its employees or contractors enter upon the premises for the purpose of correcting the dangerous condition. The County's cost correcting the dangerous condition must be paid to the County by the Lessee, who shall promptly pay that amount upon the receipt of an invoice from the County. The County will incur no liability for its entry upon the premises and the correction of the dangerous condition to Lessee or its sublessees. The Lessee must insert a paragraph similar to the foregoing in all Lessee's leases with its sublessees. 10 19. The Lessee may terminate this lease - if it is not otherwise in default - by giving the County 10 days written notice, upon the occurrence of any of the following events: a) The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of KWIA, or any part of KWIA, for a period of at least 90 days. b) The lawful assumption by the United States of the operation, control or use of KWIA, or any part of KWIA, in a way that prevents the Lessee from operating its leasehold for a period of at least 90 days. c) A dispute between the County and another governmental agency or between other governmental agencies that make it difficult or impossible for KWIA to be operated safely for a period of at least 90 days. The grounds for the Lessee's termination of this lease as stated in this paragraph 20 create no basis for any County liability to the Lessee or its shareholders and cannot serve to create any obligation on the part of the County to pay money to the Lessee or its shareholders 20. In addition to any other remedies at law or equity, the Lessee may terminate this lease and treat the County in default if the County fails to perform its obligations under this lease. Before the Lessee may terminate the lease under this paragraph, the Lessee must give the County a written notice of the default stating that, if the default is not cured within 30 days of the County's receipt of Lessee's written notice, then the Lessee may terminate this lease. Termination under this paragraph does not relieve the County from an obligation to pay the Lessee whatever damages the Lessee suffered because of the County's default. This paragraph will survive the termination of this Lease. 21. The waiver by the Lessee or the County of an act or omission that constitutes a default of an obligation under this lease does not waive another default of that or any other obligation. 22. The Lessee may not assign this lease or assign or subcontract any of its obligations under this lease without the approval of the County's Board of County Commissioners. 11 23. All the obligations, liabilities and duties of this lease will extend to and bind, the legal representatives, successors and assigns of the Lessee and the County. 24. This Lease Agreement has been carefully reviewed by both parties with the advice of legal counsel. Therefore, it is not to be construed against, or in favor of, any of the parties on the basis of authorship. 25. All notices provided for in this lease, unless otherwise specified, must be sent by certified mail, return receipt requested, or by Federal Express, as follows: TO COUNTY TO LESSEE KWIA Director John M. Spottswood, Jr. 3491 S. Roosevelt Blvd. 500 Fleming Street Key West, FL 33040 Key West, FL 33040 26. This lease is governed by the laws of the State of Florida and the United States. Venue for any dispute arising under this lease must be in Monroe County, Florida. In the event of any litigation, the prevailing party is entitled to a reasonable fair market value attorney fees and costs. This paragraph will survive the termination of this Lease. 27. The Lessee's shareholders acknowledge that the Lessee is their agent for the purposes of this Lease with the Lessee having full authority to bind all the shareholders when the Lessee is acting pursuant to the terms of this Lease. 28. a) The Lessee and Lessee's shareholders acknowledge that at all times during this lease all Project improvements, including hangers, are the property of the County. At the end of this lease, Lessee and its shareholders will peaceably surrender the Project premises and return possession to the County. b) During the term of this lease neither the Lessee nor its shareholders shall cause, suffer or permit any liens, claims, or other encumbrances to be filed against any Project property (real or personal) by a creditor or claimant of any of them. If such a lien, claim or other encumbrance is filed against any Project property, the Lessee, at its expense, must promptly cause such lien, claim or encumbrance to be canceled and voided. 29. This lease is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This lease cannot be modified or 12 replaced except by another writing signed by the County and Lessee. The approval and signatures of the Lessee's shareholders are not required for the Lessee and County to amend the terms and conditions of this lease. 30. The existing hangar leaseholders have granted the Lessee the power of attorney to bind them to the terms and conditions of this Lease, including the terms and conditions of this Lease that affect the existing leases of such hangar leaseholders. The power of attorney is attached to this Lease as Exhibit E and made a part of this Lease. Provided, however, if a complete Exhibit E is not attached as of April 17, 2002, then the effective date of this lease is extended until the power of attorney is submitted to the County in a form satisfactory to the County Attorney. WITNESS WHEREOF, each party has caused this lease to be executed by its duly on the dates written below. NY L._KOLHAGE, CLERK '+ geputy Clerk Date 11, &00 s- JdairportKW Hangar2 BOARD OF COUNTY COMMISSIONERS OF MONROE CONY, FLORIDA it By Mayor/Chair an KWIA M TION, INC. JR. Cl F z C m v rn r— '`{PPROVED AS TO FG - , a A D G i� ��a 3 RO ERT N. OFCFE ''T -' v DATE s Z )> rn CD v 13 EXHIBIT `A' & `B' mmxw, "A" WIND CONE AND - 'SEGMENTED CIRCLE .(TO BE RELOCATED) ' � ' ' � � 60 N GRAPHC SCALE IN FEET AVIATION — FUEL mnu | � � � \ � � CL TAXM1VAY •A' . . . " . h. ' .Ei IStINC UGH fiEd , . . ' . • . • . 40 WIND CONE AND• :�.• '• • •',','-'•' .'SEGMENTED CIRCLE `� ! .(TO BE RELOCATED) \ •>TJ•E•b b•W H S. .�i.�. - =—" . �.--�'—�--z�'¢— N ■� cam— �- �---�-� :r'-' L ^ .-- mac,` -- _ .. _ — r• PROPO FAA ROOM S •`, � yr` `~I\ r / r ! �1 ``\ \' 14 12 11 �lr10 \ �9 LJ O O O . r i ROVES \ 60z50' ti.6U'x50'r 0 O O/ • • \I PROPOSED RESTROOM MANGROVES `-�.�^ � � - • ... ..-:. • : �' ti 17 60. LL 1.1780 • . `` ✓�;�� ••' 8660, �. 1160':60' GwiaC SCxE rr tELT 1. � i �' r AVIATION — FUEL FARM EXHIBIT C I q(Z to z V 1 ,,SA LEASE AGREEMENT I THIS LEASE is made and entered into on the s�day of PP-J)r IkA I- 199 , by and between the COUNTY OF MONROE, a Political subdivision division of the State of Florida, hereinafter referred to as Lessor, party of the first art and ST P EPHEN P. TURCO, hereinafter referred to as Lessee, party of the second part. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at the Key West International Airport, Key West, Monroe County,Florida, , measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (proper ty map) which is attached hereto and made a part hereof. 2. TERM The above -described premises are leased to the Lessee for a term of five (5) years commencing October 2, 1994. 3. RENT. The Lessee hereby covenants and agrees to a to pay the Lessor rent in the sum of Five Hundred Thirty-six Dollars ($536.00) er P year, plus sales tax of Thirty-seven and 52/100 Dollars ($37.52), for a total rent of Fiv e Hundred Seventy-three and 52/100 Dollars ($573.52) for the use of said premises during the term of this lease, said rent to be payable in advance on the first dayof each year during said term. AIRPORTS/f 4. LESSOR'S COVENANTS. The Lessor herebycovenants a nd agrees with the Lessee as follows: , A. The Lessee shall have the right to erect a portable aircraft hangar on the leased premises. B. The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. C. The Lessee, on keeping the covenants and agreements g ents by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by any person or persons claiming b through gh or under it. 5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with th the Lessor as follows: A. To pay the Lessor the rent at the times and in the manner provided for by this lease. B. That no construction mortgage or lien of any nature will be laced up on pon the hangar located on the leased premises. C. That the said hangar shall be used only for the purpose of hou sing airplanes and providing for the care, repair and maintenance of such privately y owned J- airplanes. D. To pay all utilities, including gas, electricity, water and garbage disposal posal charges, if any, as well as all installation charges that may be required fo r or any such utilities. 2 E. To make no improper or unlawful or offensive use of said 'premises , and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F. The Lessee agrees to hold the Lessor harmless from any liability by reason of their use of said hangar, including any liability arising out of any accident insured or caused by their equipment, employees, invitees, guests, personnel and/o r facilities, and will maintain public liability insurance in a reasonable amount sufficient to protect the Lessor, but not less than $100,000/$300,000. 6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between the Lessor and the Lessee as follows: 1. That at the expiration of the term of this lease, the Lessee will quietly y and peaceably deliver up possession of the leased premises, and remove the airc raft hangar located thereon; however, in the event the Key West International Airport should be permanently closed, and the lands therein cease to be used as an airport during the term of this lease, the Lessee shall retain title to and shall have the right to remove the hangar located on the leased premises. 2. This lease shall be binding upon the parties hereto, their successo rs, executors, administrators and assigns. 3. This lease 'shall be,_ automatically canceled and . the title to the improvements on the leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or there is evidence that the premises are aband oned for a 91 3 continuous period of any six (6) months during the term of this lease 'not withstanding anything contained in paragraph 1 herein 7. SUBLEASE ASSIGNMENT. Lessee shall have the right during the term of this lease to sublet said shelter and land leased hereunder to anot her person, upon approval of same by the Lessor, provided said Lessee is not in default of any of the terms of this lease. 8. FUTURE AIRPORT DEVELOPMENT. Lessee shall upon thirty (30) days written notice from Lessor, move said shelter from said lea sed premises if the land is required to accommodate future airport or development determined by the FAA and Lesso p for any other reason as r. f 9• RENTAL RATE ADJUSTMENT. Rental rates under this adjusted annually in accordance with t lease shall be he percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from December 31 of the previous year. m January 1 through 10. RENEWAL OPTION. At the expiration of this lea have the option to renew this tease for se, Lessee shall an additional five (5) year period under the same terms and conditions, if agreeable to Lessor. 11. COMPLIANCE WITH LAWS. Both a p rties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he shall maintain and operate and use the remise 49 CFR, Part 21, Nondiscrimination in Federally Asspremises �n compliance with Assisted Programs of the Department 4 of Transportation, as said Regulations may be I amended. More articulari y, Lessee P covenants that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subject dto discrimination in the use of the premises; and ! subjected to b) in the construction of any improvements on the premises .and the fun services thereon, no person on the grounds of race, color, national origin, in, ing of sex shall be excluded from participation in, denied the benefits of, or otherwi or be subjected to discrimination. se IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By� C. , Deputy Clerk r v Ill ICJb b/AIR/turco.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ayor/Chairman��i✓ StephePTo 5 t - ?c) . r U �v17Tnrm • I I 1 1 ' t rn +y io ! D I a u.lv� � � O i � I I 11 F F C D M 1 . I . D -{ o Z p Z I , -N � � F ' -v Z o ' Z D Board of County Commissioners RESOLUTION NO. 042 _2000 A RESOLUTION APPROVING THE ASSIGNMENT OF AN AIRPLANE HANGAR LEASE AT KEY WEST INTERNATIONAL AIRPORT FROM J. ROBERT DEAN TO SAM SAMAHA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Pursuant to paragraph 6B of the Lease dated February 22, 1995, by and between Monroe County (Lessor) and J. Robert Dean (Lessee) for real property for the construction of a hangar at KWIA, Monroe County hereby consents to the assignment of Mr. Dean's interest in the Lease to Sam Samaha. A copy of the original February 22, 1995 Lease together with the Dean/Samaha assignment are attached to this resolution and made a part of it. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the16th day of February, 2000. MayorShirley Freeman yes Commissioner Wilhelmina Harvey Commissioner George Neugent �s yes mmissioner Mary Kay Reich yes issioner Nora Williams yes eputy iresivhangar L.KOLHAGE, Clerk lelk' ; I,N��t� 00 308tlOW 3"vH 104 . � It 70 10 :6 Ny _ Uyk 00 0a0038 U0 3 0.3113 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson APPROVED AS TO FORM AND AL BY ROBERT N. W DATE1- 1 AGREEMENT FOR SALE AND ASSIGNMENT COMES NOWgU�k'T �v d,l, ----�--__ (hereinafter referred to as "Assignor" and Sam Samaha (hereinafter referred to as " "Assi nee follows.. g� ) and agree as 1• The Assignor is the owner of a hangar located at the Key West International Airport which is located on land being leased from Monroe County, Florida. 2. It is the.intent of the Assignor herein to assign all its right title and interest in said hanger and lease to Sam Samaha ' Assignee for the consideration of $42,000.00 the O0 3' The ADD shall be due at closing in U.S. Funds. 4. It is the intention that both parities will culminate this sale as soon as practicable and that all necessary steps be taken with Monroe County for approval of this sale and assignment and by execution by this letter agreement the sale and assi nment date parties hereby agree to this g d this 12th day of January 2000 - r (ASSIGNOR) (ASSIGNEEE) j 3 - v n" Cout, (y Pnop�r<rY LEASE AGREEMENT THIS LEASE is made and entered into on the IIII day of le _ 1995, by and between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred "Lessor," and J. ROBERT DEAN, hereinafter referred to as "Lessee," whose address is 14 W. Cypress as ypress Terrace, Key West, Florida. IN CONSIDERATION of the mutual covenants, promises and premises herein contained parties hereto agree as follows: ,the 1. PRE_ M�Eg. The Lessor of these presents leases unto the Lessee a parcel of la the Key West International Airport, Key West, Monroe County, Florida, measuring 30 feet i land at feet in depth, as shown on Exhibit A (property n width and 40 map) which is attached hereto and made a part hereof. 2. TERM. The above -described premises are leased to the Lessee for a term of five 5 years from the date hereof, with the option of three (3) additional five-year extensions. ( ) 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the s Ninety-five and 00/100 Dollars um of ($95.00) per month, or One Thousand One Hundred Forty and 00/100 Dollars ($1,140.00) per year, plus sales tax, for the use of said premises during the term said rent to be payable in advance on the 'first day of each month or the firsthis lease, respectively, during said term. The rental charge for the five (5) years m t day off each year, accordance with the percentage change in the Consumer Price I may be adjusted annually in Clerical Workers in the Miami, Flo ' Index (CPI) for Wage Earners and ryd computation from January1 area index, and shall be based upon the annual average CPI through December 31 of the previous year. Rental extension shall be determined pursuant to Exhibit B FAA Required Lease C charge for any five-year Lessee places a new hangar or any other new improvements on the leased land, those improvements, Clause No. 1, paragraph 2. If become the property of the Lessor at the end of the lease. If improvements the premises, the age of the improvements shall be established ents are not new when placed on__ reaches 20 years of age, both the hangar or other improvementand when that used hangar or other and the underlying land shall be reappraised. Ten percent (10%) of 'fair market vale' of the premises with improvements becomes the base rent for the remainder of the lease and option periods. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the Lessee as follows: A. The Lessee shall erect an aircraft hangar on the leased premises within one (1) year of the beginning date of this lease. B. The Lessee shall have the right to occupy the aircraft hangar located on the leased premises. C. The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. D. No commercial activity shall be performed on the premises. E. Maintenance of improvements are the responsibility of Lessee. F. The Lessee, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or under it. ' 5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the Lessor as follows: A. To pay the Lessor the rent at the times and in the manner provided for by this lease. B. That no construction mortgage or lien of any nature will be placed upon the hangar _ ar g located on the leased premises. C. That the said hangar shall be used only for the purpose of housing airplanes and providing for the care, repair and maintenance of such privately owned aircraft. D. To pay all utilities, iricluding gas, electricity, water and garbage disposal charges, if any, as well as all installation charges that may be required for any such utilities. E. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. 2 F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims for bodilyinjury g ) t ) ry (including death), personal injury, and property damage (including property owned by Monroe County) and any other lotses, damages, and expenses (including attorney's fees) which arise out of, in connection with: or by reason of services provided by the Lessee or any of its Contractors occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s), their employees, or agents. The extent of liability is in no limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to commencement of work/occupancy governed by this agreement, the Lessee shall obtain General Liability I-nsurance. Coverage shall be maintained throughout the life of this agreement and included, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its rovisi should include coverage for claims filed on or after the effective date of this agreement. In additid- ons on, the period for which claims maybe reported should extend for a minimum of twelve (12) months followin the acceptance of work by the County. g The Monroe County Board of County Commissioners shall be named as Additional Insured on all Policies issued to satisfy the above requirements. ti. MUTUAL COVENANTS. It is mutually covenanted and agreed the Lessor and the Lessee as follows: 9 ed by and between 3 A. That at the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises, including the aircraft'hangar located thereon. B. This lease shall be binding upon the parties hereto, their successors, "executors, tors, administrators and assigns. Any assignment of this lease shall not become effective until approved in writing by Lessor. Any assignment shall extend no longer than the term remaining under this Agreement. The premises shall not be sub -let. C. This lease shall be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or there is evidence that the premises are abandoned for a continuous period of any six (6) months during the term of this lease, notwithstanding anything contained in paragraph 1 herein. D. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to terminate this lease. 7. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said leased premises if the land is required to accommodate future airport development or for any other reason as determined by the FAA and Lessor. rt 8. COMPLIANCE WITH LAWS, Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation,- as said Regulations may be amended. More particularly, Lessee covenants that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise the premises; and .subjected to discrimination in the use of b) in the construction of any improvements on the premises and the furnishing o no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 4 9. FAA REQUIREMENTS The parties shall comply with FAA Required Lease Clau ses, which are listed in Exhibit "B," attached hereto and made a part hereof. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST; DANNY L. KOLHAG_E, CLERK Deputy Clerk Wit ess Witn WAIR/dean.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By -!�;Z Ma r/Chairman 5 7 T r N N EXHIBIT "A" rr: 1 EXHIBIT "B" FAA REQUIRED LEASE CLAusES -. 1• This lease shall be - subject to review and re-evaluation at the end of each 1 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 L2�::._ 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 ta lappraisal at his expense and lessor/lessee qshare expense for review a ' establishes fair market value. ppraisal'that 2 • The tenant for himself, his ---- successors in interest, and assigns, aspaepartaOfvthe e consideration hereof, does hereby covenant and agree that (1) no person on e grounds ofnational origin shall be excluded fromaceparticipation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities 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 Premises ) that the tenant shall use the in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of.Trans ortai-;. Office of the Secretary,p on, Subtitle A, Federally -assisted Part 21, Nondiscrimination in Rights Transportation-£ffectuat1n of TitlDepartment 'VII ofetheoCivil amendedArt of 1964, and as said Regulations may be That in the event nondiscr' °f breach of any of the above urination covenants;•Airport Owner shall have the right to eterminate the lease and to re-enter and 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 e followed and completed including exercise or a iration- =` of appeal rights. XP 3• It shall be a condition of this lease reserves unto itself that the lessor the use and benefit of its successors and assigns, for ht- for the g f aircraftpinithe airspacea rightoabovefligtha surface °pfssa e o together f thhe real property hereinafter described, the right to cause in said airspace such noise as may be inherent in the operation of aircraft, 1 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. 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. 1 That the Lessee expressly agrees successors and assigns, to revento any usefoflts 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 existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adonted by the Airport Owner pertaining to the -- 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. &Idfieate of AnBurance THIS IS TO CERTIFY that the Insured set forth below is at this date.insured with the Company(iesy as indicated under Policy(ies) described in the following schedule. �o Named Insured ROBFRT DFAN . �S Address of Insured i 14 Wez t Cypnebb Te�utaee, Key wea.t, FL 33040 Company SIGNAL AVIATION Policy Number TBAO Effective Date Feb&uoAy 22, 1995 Expiration Date rr,- Feb)tu�= Aircraft Covered _ _ 22 1996 - COVERAGESd LIMITS a t{ TC F" OF LIA�B LIABILITY A —Bodily Injury Liability $ Excluding Passengers each personIN �� Q each occurrence B Passenger vp a — Bodily Injury Liability $ each person � � Ii Q $ each occurrence C — Property Damage Liability c a x each occurrence D —Single Limit Bodily Injury and ' Property Damage Liability eluding Passengers $ IkN each occurrence jy N �D F—All Risks By less $ deductible Nodn Motion i 1+ �3- fr�-f DATE less $ — deductible In Motion Bodily Injury Liability YFS-- each person �^r ?� a a $ each occurrence Property Damage Liability $ each occurrence Single Limit Bodily Injury and Propertyr? + Damage Liability $ 300, 000. each occurrence This cerlifrcare is issued at the revues! of M nnkQe Count - Ke WeZ t .InteAnati,onal' A.uc nri,,vt S b ar whose address is Ke Gleb:t FL 33040 ��z ' Whom wr-1?4"4r Y:P0.>;cib14.�.narij3'—_------------- zrife�t-6urrhr�'rntfi S(7C's1 shuthruri�r�ru>'ite'iaan cvzi — — � j re Gafrc-c9'ffti 4f-P01icY-shw ldbeeatt �. d r' P Pf 7`afX7Ta'gtPrTactnrarim qr ADDITIONAL AGREEMENTS NuI' ¢,Vi Mon,%oe County Z5 added az an ad negti.gent openatc;ona o� the named onal i weed 4on ti"abc,�.i ty with Aupeat .to a N+ s N il fcf- ^, cc: SIGNAL I nz vAed F•c.ee +IR) PARRISH-O'NEILL & ASSOCIATES Date Febnucvcy 2 is 19 95 By �p / (M1RBPRESPMATIVE PARRISIi-01 NEILL &ASSOCIATESMacy K, MOUNT VERNON, OHIO 43050 l l rl ti JA P__ t-V : r I - �:_ _, I / p TQP,�f\ 1 I LEASE AGREEMENT THIS AGREEMENT, made and entered into this i! day of v GTd 6 &r- , A.D. 1989, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter called the LESSOR, party of the first part, and ROCKLAND KEY INTERNATIONAL, INC., whose address is 417 Eaton Street, Key West, Monroe County, Florida, hereinafter called the LESSEE, party of the second part. W I T N E S S E T H• THE LESSOR of these presents leases unto said LESSEE a parcel of land at Key West International Airport, Key West, Monroe County, Florida, measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof. THE LESSEE hereby covenants and agrees to pay the LESSOR rent in the sum of Seven Hundred and 00/100 ($700.00) per year, plus applicable sales tax, for the use of said premises during the term of this lease, which said sum shall be payable annual- ly, in advance. TO HAVE AND TO HOLD that above described leased premises unto the LESSEE for a period of twenty (20) years, commencing November 1, 1989, A.D. through October 31, 2009, A.D. unless sooner terminated as hereinafter provided. THE LESSOR hereby covenants and agrees with the LESSEE as follows: 1. The LESSEE shall have the right to erect a portable aircraft hanger on the leased premises. 2. The LESSEE shall have reasonable .ingress, egress and access privileges to the leased premises. 3. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by any person or persons claiming by, through or under it. The LESSEE hereby covenants and agrees with the LESSOR as follows: A. To pay the LESSOR the rent at the times and in the manner provided for by this Lease. B. That no construction mortgage or lien of any nature will be placed upon the hangar located on the leased premises. C. That the said hangar shall be used only for the pur- pose of housing airplanes and providing for the care, repair and maintenance of such privately owned airplanes. D. To pay all utilities, including gas, electricity, water and garbage disposal charges, if any, as well as all in- . stallation charges that may be required for any such utilities. E. To make no improper or unlawful or offensive use of said premises, and to permit the LESSOR or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F. LESSEE agrees to make leasehold improvements consist- ing of, but not limited to, construction of concrete pad, hangar and asphalt taxiway access. The cost for said improvements shall total at least $22,200.00 and shall become the property of the LESSOR at the termination of lease. All improvements shall meet all applicable local, state and federal standards and codes and shall be approved by the airport manager prior to commence- ment of construction. I G. The LESSEE agrees to hold the LESSOR harmless from any liability by reasons of his use of said hangar, including ' any liability arising out of any accident incurred or caused by his equipment, employees, invitees, guest, personnel and/or facilities, and will maintain public liability insurance in a reasonable amount sufficient to protect the LESSOR, but not less than $100,000/$300,000. H. In the event the LESSEE fails to pay any rental for said premises upon the terms named, such failure shall be a default of this lease. LESSOR may, at its option, immediately or at any time thereafter, enter into and upon the premises hereby leased or any part thereof and in the name of the whole, and repossess the same of LESSOR'S former estate, and expel LESSEE and those claiming by, through or under it, and remove its effects, forcibly if necessary, without being deemed guilty of trespass and without prejudice to any remedy which otherwise might be used for arrears of rent or preceding breach of cove- nant; on the re-entry aforesaid, this Lease shall terminate. Further, if LESSEE fails to perform any of the other covenants of this Lease and such default shall continue for fifteen (15) days after notice thereof is given in writing by the LESSEE, or failure to correct any violation shall continue for fifteen (15) days after notice thereof is given in writing by the LESSOR, or its agents or attorneys to said LESSEE, the LESSOR may, at its option, forthwith declare this Lease forfeited, and may immedi- ately re-enter and repossess said leased property, and any of the rents prepaid hereunder shall be forfeited by the LESSEE, and in no way shall effect the collection of any other damages which may be due the LESSOR as a result of said defaults. In the event LESSOR is obligated to participate in any court proceeding in order to enforce any of its rights under this paragraph or to collect its rentals, fees and charges, LESSOR, if successful in pursuing such litigation, shall be entitled to 1 an additional amount in such sum as any District or Circuit Court having competent jurisdiction shall determine as a reason- able attorney's fee. LESSOR shall keep the Airport free of obstructions, including the clearing and removal of grass, stones, or other foreign matter, as reasonably necessary and with reasonable promptness, from the runway, taxiway and loading area, and immediately adjacent to such runways, taxiway and load- ing areas for the safe, convenient and proper use of the Airport by LESSEE, and shall maintain and operate the Airport in all respects in a manner at least equal to the highest standards or ratings issued by the Federal Aviation Administration. It is mutually covenanted and agreed by and between the LESSOR and LESSEE as follows; I. That at the expiration of the term of this lease, the , LESSEE shall quietly and peaceable deliver up possession of the leased premises, and that upon termination of said lease, title to all improvements and hangar placed upon leased premises shall become property of LESSOR. 2. LESSEE shall have first right of refusal of renewal of said lease at such time as lease has expired, provided LESSEE notifies LESSOR in writing of desire to negotiate renewal of said lease not less than thirty (30) days in advance of expira- tion date indicated. 3. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. 4. This lease shall be automatically cancelled, and the title to the improvements and hangar on the leased premises shall revert to the LESSOR, should the LESSEE fail to occupy or evidence that the premises are not abandoned for a continuous period of any six (6) months during the term of this lease, not- withstanding anything contained in paragraph 1 herein. , 5. LESSEE shall have the right during the term of this lease to sublet said shelter and land leased hereunder to anoth- er person, upon approval of said by the LESSOR, provided said LESSEE is not in default of any of the terms of this lease. 6. LESSEE shall, upon thirty (30) days written notice from LESSOR, move said shelter from said leased premises if the land is required to accommodate future airport development or for any other reason as determined by the FAA or LESSOR. IN WITNESS THEREOF, the party of the first part has caused these presents to be executed in its name, and the party of the second part has signed these presents, in duplicate, all as of the day and year first above written. (SEAL) Attest: DANN L. Clerk Signed, Sealed and Delivered in our Presence: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . r -7 By ` /" s� Mayor/Chairman ROCKLAND KEY INTERNATIONAL, INC. By / / / <✓ j� i AAWMWAIr c am <Er:at sU9rX6AVjV► I LEASE RENEWAL AGREEMENT This lease renewal agreement is entered into on the day of 1999, by and between Monroe County, a political subdivision of the State of Florida (Lessor), and Peter Norquoy (Lessee). In consideration of the mutual consideration and benefits described below, the parties agree as follows: 1. The original lease agreement between the parties entered into February 22, 1995, and attached and incorporated to this renewal as Exhibit A, is hereby renewed for an addition period of five years beginning on October 2, 1999, and ending on October 1, 2004. 2. Except as described in paragraph one of this lease renewal agreement, in all other respects the terms and conditions of the original lease agreement remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BY C LPL i) � (,,� Deputy Clerk Witnesses ileaserenew BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Y Mayor/Chairman APPROVED AS TO FORWN.E �ROBERT 8 DATE — EXHIBIT 'A' ORIGINAL LEASE AGREEMENT LEASE AGREEMENT THIS LEASE is made and entered into on the 199 S � day of by and between the COUNTY OF MON RflE, a political subdivision of the State of Florida, hereinafter referred to as Lessor art P y of the first part, and PETER NORQUOY, hereinafter referred to as Lessee, party y of the second part. IN CONSIDERATION of the mutual covenants, promises contained, the parties hereto agree as P ses and premises herein follows: 1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at the Key West International Airport, KeyWes measuring 40 feet in width and 30 feet t, Monroe County, Florida, in depth, as shown on Exhibit A (property map) Which is attached hereto and made a part hereof. 2. T-r The above -described premises are leased to the Lessee for a term of five (5) years commencing October 2, 1994. 3• RENT. The Lessee hereby covenants Lessor rent in the sum of Five Hundred Twenty and agrees to pay to the and 87/100 Dollars ($520_87) per year, Plus sales tax of Thirty-six and 46/100 Dollars ($36.46 ), for a total rent of Five Hundred Fifty-seven and 33/100 Dollars ($557.33) for the use Of said premises during the term Of this lease, said rent to be payable in advance on the fast day of each year during said term. - 4 LESSOR'S OVENANTS The Lessor hereby covenants the Lessee as follows: and, agrees with A. The Lessee shall have the right to erect a portable aircraft ft hangar on the eased premises. B. The Lessee shall have reasonable ingress, egress and to the leased premises. access privileges C. The Lessee, on keeping the covenants and ag reements by him herein contained, shall have quiet and peaceful enjoyment of the demised any interruptions by the Lessor, or by an person premises without Y p son or persons claiming by, through or under it. f 5. LESSEE'S COVENANTS. The Lessee hereby covenants the Lessor as follows: and agrees with A. To pay the Lessor the rent at the times and in the manner provided for by this lease. B. That no construction mortgage or lien of any nature the hangar located on the leased premises. will be paced upon C. That the said hangar shall be used only for the airplanes and providing for the care, repair an Purpose of housing d maint airplanes. enance of such privately owned - D. To Pay all utilities, including gas, electricity water a charges, if any, as well as all installation charges that and garbage disposal may be required for any such utilities. 2 1 I E. To make no improper or unlawful or offensive use of said to permit the Lessor or its agents to inspect the leased premisespremises, and at all reasonable times for the purpose of viewing the condition thereof. F The Lessee agrees to hold the Lessor harmless from any liability by reason of their use of said hangar, including any liability arisingout insured or caused by their equipment e o f any accident employees,' invitees, guests, personnel and/or facilities, and will maintain public liability insurance in a rea sonable amount sufficient to protect the Lessor, but not less than $100,000/$300,000. 6. MUTUAL COVENANTS. It is mutually covenan ted and agreed by and between the Lessor and the Lessee as follows: That at the expiration of the term of this lease, the Lessee peaceably deliver u will quietly and p possession of the leased premises, and remove the aircraft hangar located thereon; however, in the event the Key West International Airport should be permanently closed and the lands therein cease to be used as an airport during the term of this lease, the Lessee shall retain title to and remove the hangar located on the leased Premises.shall have the right to 2. This lease shall be binding upon the parties hereto executors, administrators and assigns. their successors,_ This lease shall be automatically" canceled, and the improvements on the leased premises shall revert to the Ltitle to the Lessor should the Lessee fail to occupy the premises or there is evidence that the premise s s are abandoned for a - I - continuous period of any six (6) months during the term of this lease, notwithstanding anything contained in paragraph 1 herein. ` 7. SUBLEASE ASSIGNMENT. Lessee shall have the right during the term of this lease to sublet said shelter and land leased hereunder to another person, upon approval of same by the Lessor, provided said Lessee is not in default of any of the terms of this lease. 8. FUTURE AIRPORT DEVELOPMENT. Lessee shall, upon thirty (30) days written notice from Lessor, move said shelter from said leased premises if the land is required to accommodate future airport development or for any other reason as determined by the FAA and Lessor. 0 9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. 10. RENEWAL OPTION At the expiration of this lease, Lessee shall have the option to renew this lease for an additional five (5) year period under the same terms and conditions, if agreeable to Lessor. 11. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21 Nondiscrimination in Federally Assisted Programs of the Department 4 , of Transportation, as said Regulations may be amended. More particularly_ , Lessee covenants that: a) no person on the grounds of race, color, "national origin, or sex shall. be excluded from participation in, denied the benefits of, or be otherwise, subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing o services thereon, no person on the grounds, of rece, color,. national origin,, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. N WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK ate Witness Witness b/AIR/norquoy. doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA /Pee r uoy l ----------/� S 111111111111311111 w �J ti 1 Gj i �M 07 fIfljv3t\�- Tc b.-'- ,"C'V'p-,. A cjq LEASE AGREEMENT THIS LEASE is made and entered into on the 1q4'` day of ` . tuts I 199 , by and between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereinafter referred to as Lessor, party of the first part, and ROBIN LOCKWOOD, JOHN LOCKWOOD and HARRY WOOLLEY, hereinafter referred to as Lessees, party of the second part. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor of these presents leases unto the Lessees a parcel of land at the Key West International Airport, Key West, Monroe County, Florida, measuring 40 feet in width and 30 feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof. 2. TERM. The above -described premises are leased to the Lessees for a term of five (5) years commencing November 27, 1994. 3. RENT. The Lessees hereby covenant and agree to pay to the Lessor rent in the sum of Five Hundred Twenty-one and 391100 Dollars ($521.39) per year, plus applicable sales tax, for the use of said premises during the term of this lease, said rent to be payable in advance on the first day of each year during said term. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with = the Lessees as follows: A. The Lessees shall have the right to erect a portable aircraft hangar on the leased premises. B. The Lessees shall have reasonable ingress, egress and access privileges to the leased premises. C. The Lessees, on keeping the covenants and agreements by them herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or under it. 5. LESSEES' COVENANTS. The Lessees hereby covenant and agree with the Lessor as follows: I A. To pay the Lessor the rent at the times and in the manner provided for by this lease. B. That no construction mortgage or lien of any nature will be placed upon the hangar located on the leased premises. C. That the said hangar shall be used only for the purpose of housing airplanes and providing for the care, repair and maintenance of such privately owned airplanes. D. To pay all utilities, including gas, electricity, water and garbage disposal charges, if any, as well as all installation charges that may be required for any such utilities. 41 2 E. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F. The Lessees agree to hold the Lessor harmless from any liability by reason of their use of said hangar, including any liability arising out of any accident insured or caused by their equipment, employees, invitees, guests, personnel and/or facilities, and will maintain public liability insurance in a reasonable amount sufficient to protect the Lessor, but not less than $100,000/$300,000. 6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between the Lessor and the Lessees as follows: 1. That at the expiration of the term of this. lease, the Lessees will quietly and peaceably deliver up possession of the leased premises, and remove the aircraft hangar located thereon; however, in the event the Key West International Airport should be permanently closed, and the lands therein cease to be used as an airport during the term of this lease, the Lessees shall retain title to and shall have the right to remove the hangar located on the leased premises. 2.. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. 3. This lease shall -be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor should the Lessees fail to occupy the premises or there is evidence that the premises are abandoned for a 3 continuous period of any six (6) months during the term of this lease, notwithstanding anything contained in paragraph 1 herein. 7. SUBLEASE ASSIGNMENT. Lessees shall have the right during the tern of this lease to sublet said shelter and land leased hereunder to another person, upon approval of same by the Lessor, provided said Lessees are not in default of any of the terms of this lease. 8. FUTURE AIRPORT DEVELOPMENT. Lessees shall, upon thirty (30) days written notice from Lessor, move said shelter from said leased premises if the land is required to accommodate future airport development or for any other reason as determined by the FAA and Lessor. f 9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. 10. RENEWAL OPTION. At the expiration of this lease, Lessees shall have the ,option to renew this lease for an additional five (5) year period under the same terms and conditions, if agreeable to Lessor. - 11. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessees covenant that they shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department = 4 of Transportation, as said Regulations may be amended. More particularly, Lessees covenant that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and -the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Witn--64 ess ` Witness Witness b/AIR/lockwood.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By • Mayo hairman UV V/ b n Lockwood John Lockwood V Harry Wo ey All �.•T __.. 5 r O . .0. �D RolINN �� LEASE AGREEMENT THIS AGREEMENT is made and entered into this // /Z/ � day of 1999, by an between the COUNTY OF MONROE, a political subdivision of the State of Florida, hereinafter called the Lessor, by and through its Board of County Commissioners, and SK II INC.: a Florida corporation, whose address is 600 Front Street - Suite B7, Key West, Florida hereinafter called the Lessee. , WITNESSETH: That the Lessor of those presents leases unto said Lessee a parcel of land at the Key West International Airport Key West, Monroe County, Florida, measuring 40 feet in width and 45 feet n depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof, together with all improvements (including an aircraft hangar) located don these premises. II• The term of this lease is five (5) years from the date hereof. III. The Lessee hereby covenants and agrees to pay the Lessor rent in the sum of One Hundred Eighty and 86/100 Dollars ($180.86) per month, plus applicable sales tax fo r the use of said premises during the term of this lease, said rent to be payable in advance on th e first day of each month during said term. The rental charge is subject to an annual inc rease equal to the percent of the increase of the c.p.i. for the previous year or to change under 9 a_ new Rates and Charges Study conducted for, and approved by, Lessor. IV. The Lessor hereby covenants and agrees that the Lessee as follows: 1 • The Lessee shall have the right to occupy the aircraft hangar located on th e leased premises. 2. The Lessee shall have reasonable ingress egress and access privi leges leges to the leased premises. I - 3. The Lessee, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any Interruptions by the Lessor, or by a person or persons claiming by, through or under it. The lessee hereby covenants and agrees with the Lessor as follows: A. To pay the Lessor the rent at the times and in the manner provided for by the lease B. That no construction mortgage or lien of any nature will be placed upon the hangar located on the leased premises. C. - That the said hangar shall be used only for the purpose of housing airplanes and providing for the care, repair and maintenance of such privately owned airplanes. D. To pay all utilities, including gas, electricity, water, sewer and garbage disposal charges, if any, as well as all installation charges that may be required for any such utilities. E. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or it agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F• The Lessee covenants and agrees to indemnify and hold harmless Lessor harmless from any. ands all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Lessee or any of its Contractors, occasioned by the negligence, errors, or wrongful act or omission of the Lessee or its Contractor(s), their- emp'oyees, or agents. 2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to the occupation of the premises, the Lessee must have in force and effect the insurance described in Exhibit C and keep such insurance in force and effect during the term of this lease. Exhibit C is attached to this lease agreement and incorporated by reference. G. The premises leased hereunder may not be sublet and this lease may not be assigned without the written consent of the Lessor. V. It is mutually covenanted and agreed by and between the Lessee and the Lessor as follows: 1. That at the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises. 2. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. 3. This lease shall be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor, should the Lessee fail to occupy or evidence that the premises are abandoned for a continuous period of any six (6) months during the term of this lease. 4. lessee shall, upon thirty (30) days written notice from lessor, abandon said - hangar if the land is required to accommodate future airport development or for any other reason as determined by the FAA and/or Lessor. 5. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to terminate this lease. 3 6. The Lessee further agrees to abide by the FAA mandated lease conditions and terms attached as Exhibit-B and incorporated into this Agreement. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, an the party of the second part has signed these presents, in duplicate, all as of the flay and year first above written. (SEAL) ATTEST: DANNY L. KOLHA CLERK Deputy Clerk Wit ess v Witness pair/skii.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA gy Mayor/Chairman SK II, INC. APPROVED AS TO FORM AN WW(0) R08ERT DATE 4 EXHIBIT `A' PROPERTY r I > -4 > m 0 z z D-1 FTI sm EXHIBIT 'B' FAA REQUIRED LEASE CLAUSES LiV L) ] OEC 2 3 1993 AIRPORTS J OMB MA REQUIRED LEASE CLAUsrB 1. This lease shall be subject to review and re-evaluation at the end of each year period, by the airport nwnpr and the rent may be adjusted accordinq to their action, not to exceed the Consumer Price Index rate during the last I- month period, or; Land 1e99 improvements will be Appraised every 5 years and the adjusted rental Will be based an normally 10-12 percent of appraised value. If disputod, lessor obtains appraisal at his expenso and lessor/lessee equally share expense fox review appraisal that establishes fair market value. 2. The tenant for himself, his personal repreocntativee, Duuc.essors ill interest, and assigns, as a part of the -consideration hereof, sloes hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded Irum participation In, denied the benefits or, 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 or 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 tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transpnrtation-Effectuation of Title VI of the Civil Rights Act of 1964, And as said Regulations may be amondcd. 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 mada or iccued. The provision shall not be effective until tho proosduroe Of Title 49,-Code of federal Regulations, Part 21 are fvlluwed dcia completed including exercise or expiration of appeal rights. 3. it Shall be a condition of this lease, LhdL Lhe lessor 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 hereinafter described, _ together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, I 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. 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 Regulations, Part 77. to comply with Federal Aviation lat That the Lassaa exprassly agreae,for itself, its cuooeocarc and assigns, to prevent any uee of tha hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise eonotituto an airport hazard. 4. This lease and all provisions hereof are subject and subut"dlriate Lu Llie Lerms and conditions of the instruments and documents under whie:ll the Airport Owner acquired the subject property from the Un1Led SLdLes or 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 froia the Airport Owner, 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 Airport Owner pertaining to the JCujA Airport. 5. Notwithstandinq 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 Lesson' herein resarves the right to grant similar privileges to another Lessee or other LPssPpfi airport. nn other parts of the RECEIVED DEC 23 1993 AIRPORTS/OMB EXHIBIT `C' INSURANCE GENERAL LIABILITY INSURANCE REQUIREMENTS CONTRACT FOR BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract,, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: S300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100.000 per Person S300,000 per Occurrence S 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coveragetract. for claims filed on or after the effective date of this con In addition, the period for which claims may be reported should extend for a minimum of (12) months following the acceptance of work by the County. twelve The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. G Ll 1996 Edition ALL RISK PkOI'ERTY INSURANCE REQUIREMENTS FOR LEASES/RENTALS OF COUNTY -OWNED PROPERTY BETWEEN MONROE COUNTY, FLORIDA AND Prior to the Organization/Individual taking possession of the ro ert lease/rental agreement, the Organization/Individual shall obtProperty in All Rik Propertgoverned y Inslurance(to include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Sprinkler Leakage Sinkhole Collapse Vandalism Windstorm Smoke Falling Objects Ex Civil Commotion Aircraft and Vehicle Damage F ooldsion The Monroe County Board of County Commissioners shall be named as Additional Insured and Loss Payee on all policies issued to satisfy the above requirements. Admini: tration Instruction #47U9.3 29 PETER O'NEILL • DAVIO RIGG d P.O. BOX 349 • MOUNT VERNON, OHIO 43050 TELEPHONE 740.397-6737 • TOLL FREE 800-752-9705 • FAX 740.392-07521 CERTIFICATE OF INSURANCE Descriptive Schedule: Named Insured SK II Address of Insured , INC. Insurance Com an ' 600 FRONT STREET, SUITE B7, KEY WEST, FL 33040 P Y :.,PHOENIX AVIATION Policy Number AV 5113802 Effective Date AUGUST 01 Expiration Date , 1998 AUGUST 01, 1999 AIRCRAFT COVERAGE: 1978 BEECH 58 N415PC LIMIT OF LIABILITY - $2,000,000. LIABILITY INCLUDING COMBINED SINGLE LIMIT BODILY INJURY AND PROPERTY DAMAGE PASSENGERS EACH OCCURRENCE. SPECIAL PROVISIONS: THIS CERTIFICATE EVIDENCES THAT THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS ADDED AS AN ADDITIONAL INSURED. This Certificate is issued to: MONROE COUNTY BOARD OF C/O MONROE COUNTY RISK COUNTY COMMISSIONERS5100 COLLEGE ROAD MANAGEMENT KEY WEST, FL 33040 ATTN: MARIA DEL RIO WITH WHOM THE ABOVE MENTIONED INSURANCE COMPANY AGREES TO NOTFY JoDATE OF CANCELLATION IF POLICY SHOULD BE CANCELEDBUTPARRISHIO NEILLA&SASPRIOR TO SOCIATES SHALL NOT BE LIABLE IN ANY WAY FOR FAILURE TO GIVE SUCH NOTICE. PARRI - O'NEILL & ASSOCIATES Date: OCTOBER 7, 1998 7I 1 ` y w-tkt . David R. Rigg Authorized Representative tcm OHIO MANDATORY WARNING; ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST CONTAINING A FALSE OR DECEPTIVE STATEMENT SISMITS AN APPLICATION OR FILES A CLAIM GUILTY OF INSU RANCE FRAUD. - cc: PHOENIX Insured ' File "Y DATE 3�r LEASE AGREEMENT THIS LEASE is made and entered into on the 16t:h day of —Maw 1995 by and between the MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Lessor," and ISLAND CITY FLYING SERVICE, hereinafter referred to as "Lessee," whose address is 3471 South Roosevelt Boulevard, Key West, Florida. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor of these presents leases unto the Lessee a parcel of land at the Key West International Airport, Key West, Monroe County, Florida, measuring 60 feet in width and 50 feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof. 2• TERM The above -described premises are leased to the Lessee for a term of twenty (20) years from the date hereof. 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of One Hundred thirteen and 56/100 ($113.56) per month or One Thousand Three Hundred Sixty-two and?72/100 Dollars ($1,362.72) per year, plus applicable sales tax, for the use of said premises during the term of this lease, said rent to be payable in a on the first day of each month or the first day of each year, respectivelyy advance during said term. The rental charge for the first ten years may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage E h g Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual aver computation from January 1 through December 31 of the previous age CPI year. At the end of the first ten years, the amount of rent shall be calculated, on an annual basis, at ten e the appraised value of the land and hangar. Rent shall be paid in advance ,p percent (10%) of on a monthly or annual basis, to be determined by Lessee. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees Lessee as follows: g with the A. The Lessee shall have the right to occupy the aircraft han ar locate _ 9 don the leased premises. B. The Lessee shall have reasonable ingress, egress and access Privileges leased premises. P ges to the C. The Lessee, on keeping the covenants and agreements b contained, shall have quiet and peaceful enjoyment of the y him herein demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or g under it. D. Maintenance of the leased premises and any improvements responsibility of Lessee. are the 5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees Lessor as follows: 9 s with the A. To pay the Lessor the rent at the times and in the manner provided for or by this B. That no constn?ction mortgage or lien of any nature will be lace hangar located on the leased premises. placed upon the C. Any commercial activity shall be conducted in strict Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators. D. To pay all utilities, including gas, electricity, water and garbage charges, if any, as well as all installation charges that may be required g age disposal _ q fired for any such utilities. 2 I E. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the Purpose of viewing the condition thereof. F. The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and e 9 expenses (including attorneys fees) which arise out of, in connection with, or by reason of services provided by the Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s), their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to commencement of work/occupancy governed by this agreement, the Lessee shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of this agreement and included, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,OOO,Q00 Combined Single Limit (CSL) If split limits are provided, the.minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policyit provisions should include coverage for claims filed on or after the e p y' s = effective date of this 3 agreement. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. 1 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Lessee shall also obtain and maintain throughout the life of this agreement those insurance coverages and amounts as shown in the Insurance Schedules marked Exhibit C, attached hereto and made a part hereof. 6. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between the Lessor and the Lessee as follows: A. That at the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises. B. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. Any assignment of this lease shall not become effective until approved in writing by Lessor. Any assignment shall extend no longer than the term remaining under this Agreement. The premises shall not be sub -let. C. This lease shall be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor should the Lessee fail to occupy the premises or there is evidence that the premises are abandoned for a continuous period of any six 6 months during the term of this lease, notwithstanding anything contained in paragraph 1 _ herein. _ D. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said hangar if the land is required to accommodate future airport development or for any other reason as determined by the FAA and/or Lessor. 4 I E. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to terminate this lease. 7. COMPLIANCE WITH LAWS, Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. More particularly, Lessee covenants that., a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 8. FAA REQUIREMENTS The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit " B," attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK WAIR/W52.doc BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ISLAN Af'PliOVED RS T� ' - - L% 5 W cc j a n l EXHIBIT "B"- FAA REQIIIRED LEASE CLAUSES1. ,. 1- This lease shall be subject to review and re-evaluation at the end of each 1 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 LIZ_ month period, or; Land less improvements will be appraised every 5 years and the adjusted rental will be based'on normally to-12 percent of appraised value. If disputed, lessor obtains appraisal at his 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 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 tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal _. Regulations, Department of Trans ortati. Office of the Secrets p on, Subtitle A, Federally -assisted Secretary, Part 21, Nondiscrimination in Transportation-£ffectuati� of itleeVIarofetheoCivil 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 rr enter and if said lease �iad 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 lesso reserves unto itself, its successors and assi the use and benefit of the public, a right oflight gfrr for the passage of aircraft in the airspace above tha surface of the real property hereinafter 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. That the Tenant expressl successors and assigns, to restrict rthe sheight tof 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 expressly agrees for successors and assigns, to itself, its prevent any use of the hereinafter described real interfere with or adverselyProperty which would maintenance of the airport, affect the operation or 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 existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adonted by the Airport Owner pertaining to the LL 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 herain reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. Exhibit sic,, . ' April 22. 1".) lid 111*tins INS GENE, NE, R L IABII,ITY REQUIREMENTSURAN CONTRACT FOR M0NR0EBETIVI✓EN COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract the General Liability Insurance. Coverage shall be maintained throughout Contractor shall obtain include, as a minimum: 6 t tl)e lilb of the contract and • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal 1*ry Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be. $ 500,000 per Person $ 1,000,000 Per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. [f covera > Provisions should include covera ► ge Is Provided on a Claims Made policy, its In addition, the period for wiriclt claims may be reported should be or claims filed on or a(ier the etibctive date of this contract. (12) months following the acceptance of work by the Count extend fora minir))um of twelve The Monroe County Boardof COL y my Commissioners shall be named as Additional Insured on all Policiesissued satisfy the above requirements. AQministralive Indnx1ion a4709.1 GI-3 SG AIRPORT LIABILITY IIANGARKEEPE AND INSURANCE C EGAL LIABILITY QUIREMENT CONTRACT FOR BETWEEN MONROE COUNTY, rLORIDA AND April 22. 1993 Is11'rinling Recognizing that the work governed by this contract involves t fuciing, or storage of aircraft, the Contractor will be required to purchase repair, e base crvlcin throughout the life of the contract, AilPort Liability and Iial� rarkee 1 b' maintenance, Warning the Monore County Board o iCounty Commissioner and maintain, b pers nal'In Liability Insurance The minimum limits of liability shall be $500 000 s Additional Insured. Adminigralivc j,,,0 cliQ8 "7a9.1 I IKL2 I 62 April 22. 1973 I31 Priming VEHICLE LIADII,ITY r INSURANCt REQUIREMENTS CONTRACT FOR BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires tile prior to the commencement of work, shall obtain Vehicle Liabilil maintained throughout the life of tl�e contract and include, use ur vehicles, the Contractor, y Insurance. Coverage shall be Owned, Non -Owned, and Ilired,Vchicics c, � a mrniniwn, liability coverage for The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall $ 500,000 be: per Person Ir $1,000,000 per Occurrence 4 $ 100,000 Property Damage The Monroe County Board of Count quirementstoners shall be named as Additional Insured on all Policies issued to satisfy the above re Administ ali. Gectnutiep 94709•r VU 77 April 22, lc)%1 lid lYinlinr 0 WORK[,;RS' COMP INSURANCE I2C NSATION QUIRCMI:NTS CONTRACT FOR BETWEEN MONROC COUNTY, FLORIDA AND Prior to the comrnenccment of work Workers' Compensation Insurance with lim governed lulyTicienthis �olract, the Contractor shall obtain In addition, the Contractor shall obtain Cm Its s rs' Linbi • fespond to the applicable state statutes. Ploye $1,000,000 Bodily Injury bnccid y cnt llty Insurance with limits of not less than: $1,000,000 Bodily Iryuly by Disease, $1,000,000 Bodily Injury by Disease each y limits employee Coverage shall be maintained throughout the entire term of tile contract. Coverage shall be provided by a company or companies state of Florida and the Company P s authorized to transact business in the assigned b the A.M. p y n companies must maintain a minimum rating of A -VI, as y Best Company. If the Contractor has been a insurer, the County shall proved by the Florida's Department of Labor, as an authorized recognize and honor the Contractor's status. Tile Contractor may sclf- recluired to submit a Letter of Au[horiT.ation issued b t(le of Insurance, providing details on the t;o on is uer's Excess Department of Labor and a Certify e If the Contractor ss Insurance program. care participates in a self-insurance fund, a In addition, the Contractor may be required to submit u Certificate of Insurance will be r pdated financial statements from he (fund upon request from the County. Administrative rnanxywn M47og.1 WC3 83 -ff a LEASE EXTENSION EEMEIV�. THI5 LEASE EXTENSION AGREEMENT is entered into b and between en Monroe County, a political subdivision of the State of Florida (hereafter Lessor) and Island Cit y Flying Service (hereafter Lessee), whose address is 3471 South Roosevelt Blvd., KeyWest, , FL 33040. WHEREAS, on February 22, 1995, the parties entered into a lease for a 6 ' 0 x 60 parcel of land at Key West International Airport, hereafter the original lease, a copy of which is attached to this lease extension and made a part of it; WHEREAS, the original lease had a five year term but the parties desire to extend the original lease for an additional five year term; now, therefore, IN CONSIDERATION of the mutual covenants and promises set forth below, the parties agree as follows: 1. Paragraph 2 of the original lease is amended to read: 2. TERM. The above -described premises are leased to the Lessee for a term of five (5) years beginning on February 22, 2000. 2. Paragraph 3 of the original lease is amended to read: 3. 3. RENT. The Lessee hereby d 'arees Lessor rent in the sum of Seven Huno�r'eF fd y four and to 100 to the0 ($754.69) per month, plus applicable sales tax, fbr-the use of said ree ices during the term of this lease, said rent to be^ p miser _ f irst day of each month during said term. p4ynble in advance on the The rent amount agreed to accordance with the percentage c_herein might be adjusted annual) in urban consumers (CPI-Uhange ,n the Consumer Price Index for all ) for the most recent 12 months available. _= In all other respects the terms and conditions of the original lease remain in full force and effect. IV IN WITNESS WHEREOF, the parties hereto Oave set their hands and seals this his r 2000. f s BOARD OF COUNTY COMMISSIONERS Y L. KOLHAGE, CLERK OF MONROE COUNTY FLORIDA 8y Dep ty Clerk Mayor/Chairperson jdleaseicfs ISLA,�FLYING SERVICE By — Title APPROV A of Fp B AL AS TO FORM DTER AT F �� LEASE AGREEMEiUT THIS LEASE is made and entered into on the ,,,, ''� and between the MONROE C day of � L-19-, 1995, by AUNTY, a political subdivision of the State of Florida hereinafter referred to as "Lessor,' and ISLAND CITY FLYING SERVICE, hereinafter referred to as "Lessee," whose address is 3471 South Roosevelt Boulevard, Key West, Florida. IN CONSIDERATION of the mutual covenants contained, the parties hereto agree as follows: promises and premises herein 1• _PREMISES. The Lessor of these presents leases land at the Key West International Airportunto the Lessee a parcel of Key West, Monroe County, Florida, measuring 60 feel in width and 60 feet in depth, as shown . on Exhibit A (property map) which is attached hereto and made a part hereof, together with all improvements p ements (including a 51' x 52' aircraft hangar) located on these premises. ' 2' T_R1UI' The above -described premises term of five (5) years from the date hereof, are leased to the Lessee for a 3• RENT. The Lessee hereby covenants rent in the and agrees to pay to the Lessor sum of Six Hundred Fifty-one and 001100 Dollars ($651.00) per month, applicable sales tax, for the use of said plus Premises during the term of this lease, said rent to 17& - payable in advance on the first day of each month during said d terra. The rent amount agreed to herein may be adjusted percentage change in the Consumer Price � d annually in accordance with the Index (Cpl) for Wage Earners and Clerical Workers__ in the Miami, Florida, area index, and shall be based upon the annual average Cpl computation from January 1 through DeCember 31 of the Previ ous ous year. 4. LESSOR'S COVENANTS. The Lessee as follows; Lessor hereby covenants and agrees with the A. The Lessee shall have the right to o occupy the aircraft hangar located leased premises. n the B• The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. C. The Lessee on keeping the covenants anI agreements contained, shall have quiet and peace� ements by him herein peaceful enjoyment of the demised premises wit interruptions by the Lessor, orb hout any Y any person or persons claiming by, through or u D. Maintenance of the leased nder it. Lessee. ty Premises and improvements are the responsibility of 5• LESSEE'S COVENANTS. The Lesse e hereby covenants and agrees with the Lessor as follows; A. To Pay the Lessor the rent at the times es and in the manner provided for by this 8• That no construction mortgage or lien of any nature will be placed upon the hangar located on the leased premises C' Any commercial activity shalt be c Minimum .onducted in strict compliance with the Standards for Commercial Aeronautical activities by Fixed Base Operators. D. To Pay - all utilities, including charges, if any, as well as all installatio` gas, that electricity, water and garbage disPos"al n char - - at may be required for any such utilities. E. To make no imornma. __ _ -• urrensive use of said premises, and to Permit the Lessor or its agents to inspect the lease d premises at all reasonable times for the = thereof. Purpose of viewing the condition - 2 F. The Lessee agrees to indemnify claims for bodily inju ano hold the Lessor harmless from an ry (including death), personal injury; Y and all Property owned by Monroe County) an rY, and property damage `ncfuding and y other losses g attorney's fees) which arise ' damages, and expenses out of, in P {including Lessee or any of its Contractors connection with, or by reason of services Provided occasioned b P ded by the omission of the Lessee or its Contras Y the negligence, en -ors, or other f �ngful act or tor(s), their employees, or agents. The extent of liability is in no limited to, reduced, or lessened b within � � Y the insurance requirements contained elsewhere this agreement. Prior to commencement of work/occu shall obtain General Pansy Liability governed by this agreement, the Les y Insurance Covera the life See this agreement and included ge shall be maintained throughout as a minimum:of Premises Operations Products and Blanket Cont Completed Operations Completed Liability Personal Injury ry Liability EXpanded Definition of PropertyD The minimum limits acceptable amage shall be: $1,000,000 Combined Single Limi If split limits are provided, the t {CSL) • minimum limits acceptable shaft be: $ 500,000 per Person $1, 000, 000 per Occurrence $ 100, 000 Property Damage An Occurrence Form Policy's preferred. Provisions should include coverage If coverage is Provided on a Claims Ma foi= - de policy, its . claims • filed on or after the effective d agreement. In addition, the period for which ate of this minimum of twelve 12 a halms may be reported should extend for a The Monroe ccePtance of work by the County. County Board of County ' Insured on all policies issued to satis Commissioners shall be named as fY the above re Additional requirements. 3 Lessee shall also obtain and maintain thou ghout the life of this agreement those insurance coverages and amounts as shown in th e Insurance Schedules .marked Exhibit ,C, attached hereto and made a part hereof. s• MUTUAL COVENANTS It is mutuall y covenanted and agreed by and between the Lessor and the Lessee as follows: A. That at the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises. B• This lease shall be binding4 upon the parties hereto, their successors, executors, administrators and assigns• Any assignment of this lease shall not become effective until approved in writing by Lessor. Any assignment shall exte nd no longer than the term remaining under this Agreement. The premises shall not be sub -le t. C• This tease shall be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor should the Lessee fail to occupy the Premises or there is evidence that the premises are abandoned for a continuous period of any six (6) months during the term of this lease, notwithstanding 9 anything contained in paragraph D. Lessee shall, upon thirty (30) days Writt en notice from Lessor, abandon said hangar if the land is required to accommodate future airport development or for any other reason as determined by the FAA and/or Lessor. E• The Lessor shall, upon thirty (30) days Y wntten notice to the Lessee, have the right to terminate this lease. ' 7. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he s maintain and operate and use the hallPremises premises in compliance with 49 CFR, Part 211 4 If Nondiscrimination in Federally Assisted Programs ofr the Department of Transportation, as said Regulations may be amended. More particula hY, Lessee covenants that: . a) no person on the grounds of race participation in, denied the benefits of, or be othennris color. national origin, or sex shall be excluded from the use of the premises; and a subjected to discrimination in b) in the construction of any improvements on the re thereon, no person on the Premises and the famishing of services excluded from participation rounds of race, color, national origin, or sex shall be discrimination. , denied the benefits of, or otherwise be subjected to 8. MA REQUlRElUIENTS1 0 The parties shall c omply with FAA Required Lease Clauses, which are fisted in Exhibit ue A attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have executed on the day and year first above written. (SEAL) ATTEST: DANNY L, KOLHAGE, CLERK By Deputy Jerk Witness ness b/AIRAdsnew.doc BOARD OF COUNTY COMMISSIONERS OF MONRO COUNTY, FL A By Z� ISLAND CJ LYING SERVICE 5 -!!- CL If rdAtI.LBIT "Be' FAA REQII M=E CLAUSES 1. This lease shall be ; at the end of each subject toreview and re-evaluation owner and the rent year period, by the airport action, not to exceedy be adjusted according to their ding the last the Consumer Price Index rate month period, or; Land less improvements and the adjusted will be appraised every Percent ofapp rental will be based•on,nollyy10-= obtains a appraised value. If disputed, lessor appraisal at his P ' equally share eXPense dense and lessarjlessee establishes fair for review appraisal that market value. 2• The tenant for h• successors i.mself, his personal representaticonsidves, Interest Presentatives, hereof and assigns, as a part of the that (1) no person does hereby covenant and agree national origin shall the grounds ded of race, color, or in, denied the benefitsof,, or otherwise to discrimination in the subjected that in the cons use of said facilities (2) or under such construction of any improvements on, over thereon land and the =uz-Wishing of services national nope On °n the grounds of race, color, -or in, denied the be be excluded from participation to discrimination, efits of, or be otherwise subjected premises in c (31 that the tenant shall use the imposed b °mPlianca with all other Regulations? Pursuant tc Title 49, Coda decal Office "of Depa eat of Tran or'ta.J i Federall -fie Secretary. Part 211f Nondisc'onrimination title A • Federally -as, feprDgr� of the Department partment of Rights Act of 1964 tuation of Title pI of the Civil. amended. as said Regulations may be That in the event of nondiscraonch of any of the above the. right to covenants der shall have- :_ if said lease�nev the lease and to re-enter and provision sha had never been made or issued. The not be ..__: .: • - Of Titlewed 49, Code of Fe�� va the procadures , of appealari comPleted including ations,Part 21 are ghts, g isa or expirati= .3• It shall be a can -_ raserva unto dition of this lease, that the lessor_ the use d ben fit. its successors and tassigns,for for the Passage t Of the Public, a right Of flight surface of g °f aircraft in the the real airspace above tha*. together with the rip�erty hereinafter described, noise ght to cause in said airspace such �Y be inherent in the operation of aircraft, now known or harp -after. flight in the said . 'used' for navigation.of or a�space, and for use of said airspace for landin on the airport. landing'on, taking off from or .operating . That the Tenant successors esignssly-agrees for itself, its structures and assigns, to restrict the height of Obstructions °onetcthse Of natural growth and other to such a height so as to described real property Regulations, part 77tO cOmPlY with Federal.Aviation That the Lessee successors and asexpressly agrees for itself, its hereinafter de assigncribed Preventi-any use ' of the interfere with real property which would maintenance or adversely affect the operation or a of the airport. or otherwise constitute an airport hazard. 4. This lease and all subordinate to terms ions hereof are subject and instruments the terns and conditions of the acbaecents under which the Airport Owner gutted the America and shall be Property from the United States of conflict or - be glyen only such effect as will not conditions contained inconsistent with the terns and the Airport Owner 'n the lease of said lands from amendments theret, and any existing or subsequent rules or regulations and are subject to any ordinances, be adoated by the which which have been, or may hereafter AirportAirport Owner pertaining to the 5. Nctwit}standin or appear to be, to hing herein contained that may be, the contrary, it is expressly understood and a this a greed �e�that the rights granted under agreement are xclusive and the Lessor herein the right to • , another Lessee or ot`ze grant similar �otPrherilages to abort• parts of the CENCRAL LIABILITY INSURANCE RE U- FOR EMENTS CONTILACT . MONROEBEnVEEN COUNTY, FLORIDA AND Prior to the commencement o f ti," General Liability Insurance. ork governed by this contract, the Contractor sfia11 include, as a minimum: COverage shall be obtain maintained throughout the life of the contract and • Premises Operations • Products and Complctct� O • Blanket Contractual Perations • Personal In Liabili u Jry Liability • Expanded Definition of Property Damage The minimum limits acceptable able - P shah be: S1,000,000 Combined Single Limit (CSL If split limits are provided the • ) minimum limits acceptable shall be; S 500,000 per Person S 1,000,000 Per Occurrence S 100,000 Property Damage An Occurrence corm provisions should includes coverage If coves its In addition, the period for wisich claims claims n s Se is provided on a Claims Made policy (12) months following ms filed on or af}er the effective date of this contract. g the acceptance of work b reported should extend !bra minimum of twelve The Monroe County Board of y the County. policing issued to satisfyC°ureq Commissioners shall be named as Additional the above re9uircments. itional Insured on all MV1WNf26%V Irma 3- o a47M.1 GI-3 56 AIRPORT LIABILITY IIANCARKEEPERS LEGAL L1A1311,1Ty INSURANCE REQUIREMENT - CONTRACT FOR MONROEB�nVEEN COUNTY, FLORIDA ANU Recognizing that the work governed b fueling, or storage of aircraft, the Contractortwill betr'nvolves the repair, throughout the life of the contract Ai fservicing, maintenance, namin • the Monore County Mort Liability and Hand t ke ��rs L� 'd maintain, b ty Board of Count gal Liability Insurance y Commissioners as Additional Insured. The minimum limits of liability shall be $500,000. A&wmxmnv fialnk�;�, 047M•1 11KL2 I 62 Monitor, Coljrmy� FI-0111DA *AUM t Par ivw%vr btsttr"ce nintrtcntx It is rcgt>catcd drat the iasorartcp rcquiretttcttts, nx *PW• Rwphunrcrrrs. be traivai Or roodifpd on ilia follo>, i1� In tlrc Cotuuys Schedule aPln:rrraaco $ c�rrtrrq, Coirtc pr; _'SLA" ClZl FLYING SERVICE, INC. t. 0211ract !br• Addrew Of Cottirnctot; . 71 ROOSF.VMT BLVD. t t±Y WEST � gL. 3 3040._ Phone: OS-2 6-5422 - Scope of work; IXED BASED OPERATOR AT REY WEST INTERNATIONAL AIRpORT Reason for Wahen Y�CLE LIABILITY FOR !1,000,000.00 FOR VANS IMPOSSIBLE Sit;nalum orContrnccor: Risk M:Inapilent Date . • ---_. ._._._.�. �. ova,. d ��1�- Apnro,.cd / Not Approved Couutq Adtnluistnut? atl; - Mile: ApAtavaxl. Not A t roves!• Ward of County COnfnrissioncrs apI; Approved: Mcctinµ 01110: • Not Appmv rl: Rcceit ed .disk M. lc, jgs Control •�►7AL /�.o CIL less sez-aj WAIV111% SAOI so:tt bB-Ot -c or- INy""ICLE LIABII,M Si1RAryCE RC .CONY FOR UIREIWEI�I'1'S �1CT MONROrt,11MVEEN COUNTY + FLORIDA ANI) Recol nixing that the work prior to the commcncemen oFwork b ,quires the use of vehicles, maintained throughout the life of d shall y this contract re 1e contract �� 1n�cludc Liability Insurance. C the Contractor, e, as a minimum, liability�erage f be • Owned, Non -Owned i` and Ilired.vehicles coverage far. The minimum limits acceptable shall be: $1,000,000 Combined Single Limit CSL - Ifsplit limits are provided the minimum limits acceptable shall be: $ 500,000 per person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of Coun Policies issued to satisfy the above t Commissioners shall be named as Ad ' quirements. dltlonal Insured on all ri Adn"Mmi" ! lies 0470.1 VU 77 wUt1r{rRS� --- :. INSURANCE toMpEN "C' NT CONTRA, FQn UjRCMCNTs MONROE ft = EEN C gNDT1'9 FLORIbA Prior to the co Workers' mm�Cement of Compensation In work governed b surar'� with limits suiIci contract', respond t he Contractor shall obtain In addition, the Contractor shall obtain to the applicable state statutes_ 51,000.000 en Cmp}°ye!?' Liability Insurance with limits Bodily Inlu emtts of not 1 $1,000,000 Bodily Inju'ryY by D Scident less than. Bodily Injury by Dis ,ease ��j;y limits Coverage shall be maintained throughout employee Coverage shall be ghoul the entire term of the cunt state ofFlorida and the Provided contract. g Y a c°mPanY °r companies assigned by the A.M. Best Co �Y onr companies must authorized to transact busi If the Contractor h Y am a minimum Hess en the as been a rating of A_VI, as insurer, the County shall recognize by the Tequired to submit a Letter ionize Morida s Department of lnsuranc and Honor the Cont tor', Of Labor as Providing °f Authorization i an .'wthorized g details on the ssued by the De Tic Contractor se1F If the Contractor Contractor's Exc Partment of Labor and a may be In addition, ilie Contractor May Insurance Program. Cenircate pates in a req'nsurancc fiend, a C Upon request from the County. be requ'red to submit updated of Insurance Pdated financial well be required. statements from the fund rE ^ekVi.. #4M.1 WC3 83 AGREEMENT FOR SALE A14D ASSIGNMENT COMES NOW, 113, Inc., a Florida corporation (hereinafter referred to as "Assignor") and East Coast Hangars, LLC, a Florida limited liability company (hereinafter referred to as "Assignee" and agree as follows: ) 1. Assignor is the owner of a hangar located at the Key West International Airport, which is located on land being leased from Monroe County, Florida. 2. Assignor and Assignee are sister or affiliated companies with common ownership. 3. Assignor hereby assigns all its right, title and interest in said hangar and lease to Assignee for the consideration of TEN DOLLARS AND 00/100 ($10.00) DOLLARS, the receipt of which is hereby acknowledged. 4. The parties hereby agree that all necessary approval of this sale and assignment and se ecut o of this agreement teps be taken with the onroe County agree to this sale and assignment dated this P hereby �`� ay of December, 2001. Assignor: 113, INC., A FLORIDA CORPORATION By:� LL David G. Budd, Vice President JNY L. KOLHAGE, Clerk ST1/ �, c CLERK By iG L.o 4 Deputy er Date: A PPROVED AS TO f 9 t OF r OR Y DATE e8ER3 E Z Assignee: EAST COAST. HANGARS, LLC, A FLORIDA LIMITED LIABILITY COMPANY By: 1711!,� David G. Budd, Assistant Operating Manager BOARD OF COUNTY COMMISSIONERS, OF MONROE COUNTY, FLO A By: Mayor/Chairpers n If AGREEMENT FOR SALE AND ASSIGNMENT COMES NOW, Robert T. Feldman (hereinafter referred to as "Assignor") and I b. Inc. (hereinafter referred to as "Assignee) and agree as follows: 1• That Assignor is the owner of a hanger located at the Key West International Airport, which is located on land being leased from Monroe County, Florida. 2. It is the intent of the Assignor herein to assign all its right, title and interest in said hanger and Iease to 113, Inc_, the Assignee for the consideration of FIFTY THOUSAND and 00/100 ($50,000.00) DOLLARS. 3. The $50,000.00 shall be due at closing in U.S. Funds. 4. It is the intention that both' parties will culminate this sale as soon as practicable and that all necessary steps be taken with Monroe County for approval of this sale and assignment and by execution by this letter agreement the parties hereby agree to this sale and assignment dated this 1 '"h day of December, 1999 By: ignor) obert T. -e dman By: 4 Assignee) (SEAL) ATTEST;.DANNY L. KOLHAGE,',CLERK y Dep y Clerk Date: January 19, 2000 APPROVED AS TO FORM A.ND L F IENCY. aY SEPH H. K LINSON B8A - 1 0 _ NERS OF MONROE COUNTY, FLORIDA By.ac.. May r/Chairperson C UNTYSMONROE KEY WEST FLORIDA 33040 i - Airports Business Office Public Service Building 5100 college Road Key West, Florida 33040 T y X February 16, 1999 Robert T. Feldman 3529 Sunrise Drive Key West, Florida 33040 Dear Mr. Feldman: t _ BOARD OF COUNTY COMMISSIONERS MAYOR Wilhclmina.Ifan-ey, District 1 Mayor Pro Tern Shirley Freeman, District 3 George Neugent, District 2 i Nora Williams, District 4 Mary Kay Reich, District 5 Your letter of January 21, 1999, was forwarded to the County Attorney's Office for review. I was advised that stating your wish to extend the hangar land lease is sufficient for County records. Airport files have been revised to indicate that your lease will expire February 7, 2005. Sincerely, Bevette Moore Airports Business Administrator /bev .-Be 16:36 FROM:MONROE COUNTY ATTY OFFICE ID:3052923516 FACE 1/2 i To: Rob Wolfe, Chief Assistant County Attorney From: Bevette Moore, Airports t-� Subject: Feldman - Lease Option Date: 02/01/99 Mr. Feldman's lease is to 2/7/2000. With one 5 year option. Will we have to do an official document, or will his letter suffice? Please let me know, and I will notify him one way or the other. Thank you /bev attachment (Set , i -- — ' 111 vrb'ICE ID: 3052923516 w PACE 2/2 FELDMAN, KOENIG & HIGHSMITH, P.A. ATTORNEYSAT L4W 1315 Whitehead Street, Key West, Florida 33040 Robert T. Feldman Telephone (305) 296-8851 Tlnwthy J. Koenig Fax (305) 296-8575 Robert Z Highs mith Fax (305) 292-4877 January 21, 1999 County of Monroe Airports Business Office Public Service Building 5100 College Road Key West, Florida 33040 ATTN: Bevette Moore Re: Hanger Land - Key West International Airport NUM • M. I am enclosing a copy of the letter I received January 13th concerning my hanger rent together with a check for payment through February of 2000. Also, please accept this letter as notice that I intend to exercise the option for an extension of this Lease that is contained in it. If there are any problems with that, please notify me in writing. Thanks again for all of your help throughout the years concerning this hanger. Since yo s I -'?.ober! Fel RTF/lb Enclosures RECEIVED 2 51�g AIRPORTS - -- -- - __------.., rLLvaAs . � AVtiVlU IJ U s LEASE AGREEMENT %a a/70 f'S Ca/7/0s� THIS LEASE is made and entered into on the 11'k day of 6 l 1995, by and between the COUNTY OF MONROE, a polilical subdivision of the State of Florida. hereinafter referred to as Lessor, party of the first part, ROBERT T. FELDMAN, hereinafter referred to as Lessee. party of the second port. IN CONSIDERATION of the mutual covenants. promises and premises herein contained. the parties hereto agree as follows: I . PREMISES. The Lessor of these presents leases unto the Lessee o parcel Of land at the Key West International Airport, Key West. Monroe County, Florida, measuring 40 feet in width and 30 feel in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof. 2. TERM. The abov"escribed premises are leased to the Lessee for a term of five (5) years commencing February 8. 1995. • 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the sum of Five Hundred Fifty-four and 22/100 Dollars ($554.22) per year, plus sales tax of Thirty Eight and.80/10d Dollars ($38.80). for a total rent of Five Hundred Ninety- three and 02/100 Dollars ($593.02) for the use of said premises during the term of this lease, sold rent to be payable in advance on the first day of each year during said term. 4. LESSOR'S COVENANTS The Lessor hereby covenants and agrees with the Lessee as follows: r WjvT r - A. The Lessee shall have the right to erect a portable aircraft hongpr on the ` I leased premises. B• The Lessee shall have reOSonoble ingress. egress and access privileges to the teased premises. C. The Lessee, on keeping the covenant5 and agreements 9 nis by him herein contained, shall have quiet and peaceful enjoyrnent of the demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or udder it. 5• ESSEE's QMENA_ The Lessee hereby covenants and ogress with the Lessor as follows; A. To pay the Lessor the rent at the times and in the manner provided for by this lease. B. That no construction mortgage or lien of any nature will be piaced Upon the hangar located on the leased premises. C. That the said hangar shall be used only for the purpose of housing airplanes and providing for the care, repair and maintenance of such privately owned airplanes. D. To Pay all utilities, including gas, electricity, water and garbage age disposal charges, if any, as well, as all installation charges that may be required for any such utilities. E. To make no improper or unlawful or offensive use of said premises, and to Permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. 2 fF. The lessee agrees to hold the Lessor harmless from any liability 'by reason of their use of said hangar, including any liability arising out of any accident insured or caused by their equipment, employees, invitees. guests, personnel and/or facirties, and will maintain public liability insurance in a reasonable amount sufficient to protect the Lessor, but not less than $100,p00/$300.000, r 6• Mt1t AL COV NANTS. , It is mutually covenanted and agreed by and between the lessor and the Lessee as follows: 1- That of the expiration of the term of this lease, the Lessee will quietly and peaceably deliver up possession of the leased premises. and remove the o1rcmzff , hangar located thereon: however, in the event the Key West International Airport should be permanently Closed. and the lands therein cease to be used as an airport during the term of this lease, the lessee shall retain title to and shall have the right to remove the hangar located on the leased premises. 2. This lease shall be binding upon the parties hereto. their successors, executors. administrators and assigns. I This lease shall be automatically canceled, and the title to the improvements on the leased premises shall revert to the Lessor should fhe Lessee fail to occu the pY ifernises or there is evidence that the premises are abandoned for a continuous period of any six'(6) months during the term of this lease, notwithstanding orrything contained in paragraph 1 herein 7• SU � I BLEAS_. A551 ,LAMENT Lessee shall have the right during the term of this lease to sublet said shelter and land leased hereunder to another person. upon 1N V M oPProval of some by the Lessor, provided said Lessee is not in default of vn I terms of this lease• y of the 8. F URE IRpORT - QEvELOPtitENr_ Lessee shall, upon, thirty (30) days written notice from Lessor, move said shelter from said leased premises if the land is re accommodate future airport development or for an required to y other reason as determined by the FAA and Lessor, 9• RENi'A RATE ADJ TMENT. Rental rotes under this lease shall be ad. annually in Rental with the lusted Percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CP1 computation from January1 through December 31 of the prOviovs year. 10• RENEWAL ppTl; At the expiration of this lease. Lessee shall have the Option to renew this lease for an additional five (5) year period under the same f arms and conditions, if agreeable to Lessor. i 1 • COMP IANr'E yyRH LAWS Both Parties shall Comply with all federal, state and local laws governing the activities under this lease. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Port Department 21. Nondiscrimination in Federally Assisted Programs of the De P f of TransPortatian, as said Regufotions may be amended. More partic o) no person on the ularr)r. Lessee covenants that: grounds of race, color, national origin, or sex shall be exclude from participation in. denied the benefits of, or be otherwise subjected to discrimination in the use of the premises: and b) in the construction of any improvements on the services thereon. no person on the Premises and the furnishing of shall be excluded from perticipation in, denied the be edits of, or othnational erwise b subjected to discrimination, e 4 mviu � IN WITNESS WHEREOF, the Parties hereto have caused these presents to be + executed on fhe day and year first above written. i(SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHaGE. CLERK OF MONROE COUNTY, FLORIDA W ness Witness b//UR/feldman.doc 5 By Mayor/C irman CONSENT TO IEASE ASSIGNMINT This consent to lease assignment is entered into by and between Monroe County, a political subdivision of the State of Florida, whole address is 5100 College Road. Stock Island, Key West, Florida 33040, hereafter County, Dion Aviation Sales. Inc., a Florida corporation, whose address is 638 United Street, Key west, Florida 33040, herec-tter Dion, and KgS, Haven Associated Enterprise s3lnc., a &rida corporation, whose address is 1 104 Truman Avenue, hereafter Key Haven. In exch x o angenf�hetu ,ti benefits Orconsideration stated below, the parties agree: rnr--'=, ca o 1) On April 21, 1994, the Lessor and Key Haven enteredCD �� r c n � into a lease agreer►�� r cx'�arc% of land at Key West International Airport (KWIA). A copy of the April 24, 1994, lease isAttCA-ie o to assignment and made a part of it. n � � ;:0 � v 2.) The County hereby consents to the assignment of Key Haven's interest in the April 24, 1994, lease to Dion and releases Key Haven trom any further duty or obligation under thot lease. 3.) Dion, in consideration of the County's consent to the assignment of the April 24, 1994, KWIA lease and the benefits received by Dion under such lease, agrees to be bound by all the conditions and obligations of the April 24, 1994 KWIA lease to the same extent as the original Lessee, terms, Hai Key tti l WITNESS WHEREOF, the parties hereto have executed this Consent to Lease Assignment y of �l�J%Yy�� yon this 1998. (SE,gL ATTEST: D _ KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF By MONROE COUNTY, FLORIDA D uty rk By (SEAL) Mayor/Chairman • ATTEST: DION AVIATION SALES, INC. By TitIC a By (SEAL) 2 v Ti e U- ATTES': a Z KEY HAVEN ASSOCIATED ENTERPRISES, INC. cry,_ 4 0 0 ^1 /S d x W By Title LEASE AGREEMENT r A N o+ }ti .1 o b Q, c o ry Pn�p�nTy At /.e." - V/9- C/, THIS AGREEMENT is made and entered into this day of 1994, by and between the COUNTY OF MONROE, a Political subdivision of the State of Florida, hereinafter called the Lessor, by and through its Board of County Commissioners, and KEY HAVEN ASSOCIATED ENTERPRISES, INC., a Florida corporation, whose address is 1104 Truman Avenue, Key West, Florida, hereinafter called the Lessee. W I T N E S S E T H: I. That the Lessor of these presents leases unto said Lessee a parcel of land at the Key West International Airport, Key West, Monroe County, Florida, measuring 46 feet in width and 40 feet in depth, as shown on Exhibit A (property map) which is attached hereto and made a part hereof located on these premises. II. The term of this lease is twenty (20) years from the date hereof. III. The Lessee hereby covenants and agrees to pay the Lessor_ rent in the sum of One Hundred Dollars ($100.00) per month or Twelve Hundred Dollars ($1,200.00) per year, papplicable sales tax, for the use of said premises during the first te years of the term of this lease, said rent to be payable in advance on the first day of each month or the first day of each year, respectively, during said term. The rental charge for the first ten years may be adjusted annually in accordance with the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida, area index, and shall be based upon the annual average CPI computation from - January 1 through'December 31 of the previous year. At the end of the first ten years, the amount of rent shall be calculated, on an annual basis, at ten percent (107) of the appraised value of the land and hangar. g Rent shall be paid in advance on a monthly or annual basis, to be determined by Lessee. IV. The Lessor hereby covenants and agrees with the Lessee"- as follows: - 1. The Lessee shall build a new aircraft hangar on the leased premises within one (1) year of the beginning date of this lease. 2. The Lessee shall have the right to occupy the aircraft hangar located on the leased premises. 3. The Lessee shall have reasonable, ingress, egress and access privileges to the leased premises. 4. No commercial activity shall be performed on the premises. 5. Lessee shall pay for the appraisal whereby rent for the second ten-year period shall be determined. The appraiser must be agreed to by both parties. 6. The Lessee, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by a person or persons claiming by, through or under it. The Lessee hereby covenants and agrees with the Lessor as follows: A. To pay the Lessor the rent at the times and in the manner provided for by the lease. B. That no construction mortgage or lien of any nature will be placed upon the hangar located on the leased premises. C. That the said hangar shall be used only for the purpose of housing private aircraft and providing for the care, repair and maintenance of said privately owned aircraft. D. To pay all utilities, including gas, electricity, water, sewer and garbage disposal charges, if any, as well as all installation charges that may be required for any such utilities-. E. To make-- no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. F. The Lessee covenants and agrees to indemnify and hold harmless Lessor harmless from any and all claims for bodil3t injury (including death), personal u in'r y. and property damage (including property owned b � - y Monroe County) and any other losses, 2 damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or -omission of the Lessee or its Contractor(s), their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum : Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract - In addition, the" period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. V. It is mutually covenanted and agreed by and between the Lessee and the Lessor as follows: 3 1. That at the expiration of the term of thislease, the Lessee will quietly and peaceably deliver up poss•ession'of the leased premises, including the hangar which shall become the property of Lessor. 2. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. Any assignment -of this lease shall not become effective until approved in writing by Lessor. Any assignment shall extend no longer than the term remaining under this agreement. The premises shall not be sub -let. ' 3. This lease shall be automatically cancelled, and the title to the improvements on the leased premises shall revert to the Lessor, should the Lessee fail to occupy or evidence that the premises are abandoned for a continuous period of any six (6) months during the term of this lease. 4. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said premises if the land is required to accommo- date future airport development or for any other reason as determined by the FAA and/or Lessor. 5. The Lessor shall, upon thirty (30) days written notice to the Lessee, have the right to terminate this lease. IN WITNESS WHEREOF, the party of the first part has caused these presents to be executed in its name, and the party of the second part has signed these presents, in duplicate, all as of the day and year first above written. (SEAL). ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONR 27COUNTY, FLORI_DA _ By aat� C. "ae� eputy er By, Wit e s JOHUM. SPOTTSWOOD, JR. f Wit ss E! L airiiikeyhaven 4 `enrC!m.L AS 70 rn-.1. _ys a - _ 4q z Cc 0 LLI cr- z a. w 7AN ci m �pT1o'- Ar ADDENDUM TO LEASE AGREEMENT V A I v� THIS addendum, made and entered into this 10ttr day of June , 1992, to amend paragraph Two (2) and to add paragraph Thirty (30) and Thirty-one (31) to that certain Lease Agreement for Hangar Space entered into on the 16th day of May, 1978, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the LESSOR, and FRED CABANAS, assignee of the subject Lease pursuant to an Assignment of Lease dated December 19, 1988, and hereinafter re- ferred to as the LESSEE. Said paragraph Two (2) is herein amended to read as follows: 2. RENTAL The Lessee covenants and agrees to pay the Lessor as rent for said property during the remaining term of this lease, TWO HLZIDRED FIFTY ($250) DOLLARS per month, and the \ Lessee agrees to g pay on or before the fifth (5th) day of each month following the last day of each calendar month throughout the leasehold term. Said Paragraphs Thirty (30) and Thirty-one (31) are an addendum to said Lease Agreement for hangar Space and shall read as follows: 30. EXTENSION OF LEASE AGREEMENT Said Lease Agreement between Lessor and Lessee shall be extended for an additional Five-year period. The additional Five-year extension is to commence on October 22, 1994. The base rental fee will be FOUR HUNDRED ($400) DOLLARS per month, or fair market value, whichever is less, and will be adjusted annually in accordance with the official U.S. Government Consumer Price Index (CPI) and. applied annually on the anniversary date of this Lease Agreement. 31. OPTIONS FOR EXTENSION OF LEASE Lessee shall- have the option to renew said Lease Agreement after the first Five-year extension, which terminates on October 22, 1999, for an addition- al Five-year term to commence on October 22, 1999, and expires on October 22, 2004. At the commencement of said additional Five- year term, commencing on October 22, 1999, the base rental fee in effect shall be adjusted to reflect the fair market rental value of the subject property as determined by the Lessor. Said value will be adjusted annually in accordance with the official (CPI) and applied annually on the anniversary date of the Lease Agreement. All other provisions of said Lease Agreement are to remain in full force and effect. Any provisions in the original Lease Agreement that are in conflict with this Addendum are hereby rescinded. IN WITNESS WHEREOF, the party of the parties hereto have caused this Addendum to Lease Agreement to be executed as of the day and year first above written. (SEAL) Attest: DANNY KOLHAGE, Clerk By: -Deptigly ClerDept' c Witness i r l tnes s BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ayor airman APPROVED AS TO FORM AN.7 rrGAL SUFFlCEJVCY. 2 _ Attorneys Office ASSIGNMENT OF LEASE , JOSEPH J. SCARLET, P.A., hereby assign all rights, title and interest in and to that certain lease dated May 16 , 1978 , between COUNTY OF MONROE, STATE OF FLORIDA, for and in consideration of Ten (E10.00) Dollars and other good and valuable consideration, to FRED CABANAS. Said lease being for that certain property in Exhibit "A" hereto and made apart hereof, located in Key West, Monroe County, Florida. Dated this N day of December, 1989. Witnesses: r WE HEREBY accept the foregoing Assi December, 1989. Witnesses: nt of Lease, this LL day of D C B Notary Public. State of Florida 61v Coni—ms:on Expir.s Gct.:G, 199Z WE HEREBY consent to the foregoing Assignment of Lease, this 24th day of January, 199o. (SEAL) A t t e s t ,DANNY L. ROMAGE, Clerk lark COU%TFO MO R , STATE OFFLORIDA . BY: Mayor/Chairman of the —Board of County Commissioners of Monroe County, Florida 4PPROVEn AS rO FORM •4 SU/FICIENCY. ey , �te, Atturney's ffic# -► . 'IleA LEASE AGREEMENT FOR 11ANCAR SPACE THIS LEASE AGREEN—ENT, ",ade and entered into this 16th day of May 197 8 , , by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, hereinafter called the Lessor, and JOSEPH J. SCARLET, P.A., whose address is 3428`N. Roosevelt Boulevard, Key West, F1., hereinafter called the Lessee: I1 I T N E S S E T 11 That the Lessor hereby leases th:;t certain property desc-ib- ed in Exhibit 'A hereto and made a part hereof, located in Kev tiles t , Monroe County 'I Florida, subject to the following conditions and limitations which the parties mutually agree shall apply: 1. TER,,!. The period of this lease shall be from May 16, 1978 until October 22, 1994 unless sooner terminated in accordance herewith. 2. RENTAL: The Lessee covenants and agrees to pay the Lessor in advance as rent for said property duriniz the said germ of this lease, FOUR HUNDRED TWENTY ($420.00) Dollars per year, and thereafter in advance on the anniversary date of each year during the term of this lease. Delinquent payments shall be subject to an automatic and progressive TEN percent delinquent charge. 3• RULES AND PEGULATIOIIS. The Lessee agrees to strict: execute, comply with and abide by all applicable rules, regulation., and directives of the Lessor as presently existing; or as may be promulgated, changed or amended from time to time, and it shall be the dutv of the Lessee to become and remain informed and familiar with the same as promulg,ated, changed or amended, which by refer- ence are hereby made a part hereof. Failure or refusal to comply or abide with the provisions of this article shall be cause for termination of this lease. Pane 1 of 9 "ages I 4• PERSONAL PROPERTY. All personal property placed or .:moved in or on the premises above described shall be at the risk of the Lessee or owner thereof, and Lessor shall not be liable for any damage or loss to said personal property for any act of negli- gence of any co -Lessee or occupant, or of any other person whomso- ever. 5. SAFETY, CORRECTION, ETC.' The Lessee shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations, directives and requirements of the Federal, State, County and City Governments and of any and all of their depart- ments and bureaus, applicable to said premises for safety and cor- rection, prevention and abatement of nuisances or other grievances, in, upon, or connected with said premises and its operation. 6. DEFAULT. A. The prompt payment of the rent for said premises upon the terms named, and the faithful observance of the -rules, regulations and directives which are by reference made a part hereof, and of such other and further rules, regulations and/ or directives as may be hereafter made by the Lessor are the condi- tions upon which the lease is made and accepted, and any failure on the part of the Lessee to comDly .with the terms of this lease, or any of said rules and regulations or directives, now in exis- tence, or which may hereafter be prescribed by the Lessor, shall at the option of the Lessor, work a forfeiture of this lease, and all of the rights of the Lessee hereunder, and thereupon the Les- sor, its agents or employees shall have the right to enter said_ premises, and remove all persons and property, if desired, there- from frocibly or otherwise, and the Lessee hereby expressly waives any and all notice required by law to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and expressly agrees that in the event of a violation of any of the terms of this lease, or of said rules, regulations or directives, now in existence, or which may hereafter be made, said -Lessor, its agents or employees may immediately re-enter said Page 2 of 9 Pages pre"i1;'es and dispossess Lessee without legal notice or the insti- tution of any legal proceedings whatsoever. b. In addition to the acts of default elsewhere defined, the commission of any of the following acts by the Lessee shall constitute a default, and this lease may be terminated by the County immediately upon,flotice in writing the Lessee: Abandon, desert, vacate or discontinue operations on the premises or petition for any bankruptcy or insolvency, or be adjudicated bankrupt, or make a general assignment for the benefit of credi- tors, or suffer a lien to be filed against the premises, or Permit a receiver or trustee to come into possession without removing, them, Within a reasonable time. 7. COSTS AND ATTORNL••Y'S FEES. Lessee agrees to pay all costs and expenses and a reasonable attorney's fee in the event legal action is taken by the Lessor because of any violation of the terms of this lease or of any code section, ordinance, regula- Lion or rule applicable to the Lessee's use of the premises includ- ing but not limited to those.,r,overninp the payment of rent. 8. PITURES. The said Lessee hereby pledges and assigns to the Lessor th fixtures, , and goods and chattels of said Lessee, which shall or may be brought or placed on said premises as security for the payment of the rent herein reserved, and the Lessee agrees that the said lien may be enforced by distress foreclosure or other- wise at the election of the said Lessor, and does hereby agree to pay all costs and charges therefor incurred by the Lessor. 9' E'TR'•'• The Lessor, or any of its agents, shall have the rif;ht to -enter said Premises during; all reasonable hours, to examine the same as may be deemed necessary for the safety, comfort or preservation thereof, and to determine if Lessee is in compli- ance with all of the aforementioned rules, regulations, directives and otherwise. 10. CONDITION OF I'RL;PIISES . A. The Lessee acknowledges -and agrees ), ces that he has examined the Premises, and is fully advised pale 3 of 9 1'a;;es Of the condition and location thereof, and the limitations and restrictions placed on any building, structure or other object as to height, due to the proximity of the landing and takeoff areas Of the Airport. Lessee further agrees to abide by and observe all such restrictions and limitations, and agrees that the observance of such limitations and restrictions, whether'by municipal, county, state or federal governmental.authority, shall not in anywise affect the Lessee's obligations under this lease. B. Lessee hereby accepts the nremisep in the condi- tion thev are in at'the beginning of this lease and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of said term, excepting only reason- able wear and tear arising from the use thereof under this agree- ment. Lessee further agrees to make good to said Lessor immedi- ately upon demand any damage caused by any act or neglect of Lessee, or of any person or persons whomsoever, including but not limited s .to employees, guests, passengers, or persons under the control of the Lessee, and the Lessee shall be liable to the Lessor and shall forever hold harmless the Lessor from any and all such damage or loss occasioned to the -premises, or any of its other properties caused by the acts or negligence of the Lessee or any person or persons whomsoever including but not limited to emnloyees, guests, passengers, or persons under the control of the Lessee. This agreement is for the use of hangar space only, such space to be used at the,sole risk of the Lessee, and the Lessor shall not be liable for the care or protection of the airplane, her appurtenan- ces or contents, or for any loss or damage of any kind or nature to the airplane, her appurtenances or contents, however caused. There is no warranty of any kind as to the condition of the pro- perty nor shall the Lessor be responsible for injuries to persons or property occurring upon the Lessor's property for any reason. 11. LIABILITY. It is expressly agreed and understood by -and between the parties to this agreement, that the Lessor shall r, Page 4 of 9 Pares not be liable for any damage, loss or injury which may be sustained by the Lessee or other person or for any other damage, loss or injury resulting, from the carelessness, negligence or improper con- duct on the part of any other Lessee or agents, or employees in or on or about the said premises. 12. RELEASE. The `Lessee does hereby forever release and discharge the Lessor, , its departments, agencies, agents and author- ized personnel from any and all liability that has or may result from or be suffered by the Lessee arising out of or,in connection with this lease, and the Lessee's operation hereunder. 13. CLAIMS. The Lessee shall defend, pay or settle any and all liability, demands and claims by or in favor of anv person including, but not limited to, the Lessee's agents, servants or employees, against the Lessor, its departments, agencies, and authorized personnel arising out of, or in connection with this lease or the Lessee's operation hereunder, and to forever hold .harmless the Lessor, its departments, agencies, agents and personnel from any such liabilities, demands or claims asserted by any of the aforedescribed, including cost of suit, attorney's fees, and any other expenses in connection therewith, and to pay or settle any claims for the injury, loss or damage to personnel or property of or under the control of the Lessor arising out of this contract or the Lessee's operation hereunder. 14. INSURANCE. The Lessee shall carry —�-- Y and provide dur- ing the term of this contract, at Lessee's expense, liability, _ protective and indemnitv insurance covering the Lessee's opera- tions, and such other operations of the Lessee in and about the Lessor's property, subject to the approval of the Lessor, and such other insurance coverage as may be requested by the Lessor. Said insurance shall be with a companv with a Best's Insurance Guide, Latest Edition, rating of A:AAA or better, and a certificate of insurance shall be furnished the Lessor in an amount not less than $100,000/$300,000. Any and all of said insurance to be non -cancel- lable without a thirty -day written notice of cancellation first being given to the Lessor. Page 5 of 9 Pages 15. INSOLVENT, ETC. If the Lessee shall become insol- vent or if bankruptcy proceedings shall be begun by or against the Lessee before the end of said term, the Lessor is hereby irrevo- cably authorized at its option, to forthwith cancel this lease, as for a default. Lessor may elect to accept rent from such re- ceiver, trustee, or other judicial officer during the term of this occupancy in their fiduciary capacify•without affecting Lessor's rights as contained in this contract, but no receiver, trustee or other judicial officer shall ever have anv right, title or interest in or to the above described property by virtue of this contract. 16. HEIRS AND ASSIGNS. This contract shall bind the Lessor and its assigns or successors, and the heirs, assigns, administrators, legal representatives, executors or successors as the case may be, of the Lessee. 17. TIME OF THE ESSENCE. It is understood and agreed between the parties hereto that time is of the essence of this contract and this also applies to all terms and conditions con- tained herein. 18. RIGHTS. The rights of the Lessor under this lease shall be cumulative and failure on the part of the Lessor to exer- cise promptly any rights given hereunder shall not operate to for- feit any of the said rights. 19• SIGNS OR ADVERTISING. It is hereby understood and agreed that no signs or advertising are to be used in connection with the promises leased hereunder without first obtaining written approval of Lessor. 20. _ ASSIGNMENT, SUBLET AND ALTERATIONS. The Lessee shall not assign this lease, either as an absolute transfer of his title or interest therein or thereto or as security for a loan, nor sublet the premises, or any part thereof nor use the same, or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipulated, nor make any alterations therein without the prior written consent of the Lessor. Page 6 of 9 Pages I 21. TAXES. Should any taxes be imposed upon the prem- ises involved in this lease, or upon the owner, Lessor, Lessee, occupant or whomsoever, from any source whatsoever, the same shall be the responsibility of the Lessee and the Lessee shall pay same promptly. 22• MAINTENANCE OF, PROPERTY. The Lessee agrees to keep the property clean and free and clear -of debris. 23. LIEN. A. The Lessee agrees that the Lessor shall have a lien against any airplane, her appurtenances,and contents for unpaid sums due'or to become due for the use of the airport facilities or services or damage caused to any property of the Les- sor. B. Lessee agrees that he will keep the leased premises and any buildings that i,,iay be erected thereon at all times free and clear of any and all liens in anywise arising out of the activities or use thereof by Lessee, provided, however, the Lessee may in good faith contest the validity of any lien. 24• RESTRICTIONS. The Lessee agrees not to conduct, nor allow to be conducted on the leased premises, any.business ven- tures, enterprises or activities, including, but not limited to, the sale of gasoline, oil, airplane parts, or any other goods and/or services, and convenants that he will not conduct any re- pair services, except that he shall have the right to repair his own private plane, and further, shall not engage in any businesses or activities authorized under any leases made by Monroe County to fixed base operators at said Airport, nor shall he engage in any automobile rental services of any nature whatsoever. 25• MAINTENANCE. The Lessee further agrees that all areas of the leased premises not paved shall be maintained by him in a neat condition, and that grassed areas shall be mowed regu- larly and shrubs will be trimmed so as to maintain the premises in a clean and attractive condition. Any areas not grassed or -paved shall be stabilized by -the Lessee, and the leased premises shall be so utilized that use of the Dremises will not cause dust, Page 7 of 9 Pages debris or waste to be blown about or raised so as to interfere with or disturb the use or enjoyment of any adjacent or adjoining premises. Further, that the Lessee shall keep and maintain the leased premises and any buildings that may be erected thereon in a neat and clean condition. 26. EXCAVATION. The Lessee agrees that no excavation of any of the leased lands shall be made,, and that no soil or earth shall be removed from said premises except with the written approv- al of the Lessor. 27. USE OF*PROPERTY. ' ROPEP.TY. The Lessee hereby agrees to use said leased premises only for the erection of a private hangar and shall have the right to erect, at his own expense, one hangar upon said premises,and storage of Lessee's private plane. How- ever, prior to the erection of any hangar upon said leased prem- ises, the Lessee shall submit to the County the plans for the type of hangar intended to be erected, and the design of said • hangar must be approved by the County prior to the erection there- of. 28. IrLDROVEMENTS. A. The parties specifically agree that during the term of this lease Lessee shall remove any hangar or improvements erected pursuant to this lease at Lessee's ex- pense when Lessor deems it necessary for the operation, control and/or development of the airport, and Lessee shall vacate the premises. Lessor may provide other premises to Lessee for remain- ing term of -this lease if same are available. B. That at the end of the term of this lease, title to all hangars or improvements placed on the leased premises shall vest in the Lessor. 29. SPECIAL CLAUSES. . Page 8 of 9 Pages DATED at Key West Monroe County, Florida, the day and year first above written. COUNTY MONROE, STATE' OF FLOR-I-DAP---2 • t By Mayor an airman o t r ° - Coamti-ss iosexs _ of Monroe County, Florida (Seal) Seal) Attest: er J PH SCARLET, P. B;,J. osep Sc et, Presi ent (Seal) Seal) Attest: i HEREBY CERTIFY that this document has been reviewed for legal suffi- - Secretary ciency and that the same meets with my approval. By ,; Attomey's Office Page 9 of 9 Pages I I DESCRIPTION OF PROPOSED LEASE AT KEY WEST INTERNATIONAL AIRPORT FOR: J.J. SCARLET, M.D. A tract of land located within the boundary of the Key West International Airport and more particularly described as follows: COM,'ENCING at the intersection of the Southwest corner of the U.S. Government Property, as indicated on Plat of Survey of a "PORTION OF ROOSEVELT BOULEVARD", as recorded in Plat Book 2, Page 17, Monroe County Records, and the Northerly right-of-way line (curb line) of Roosevelt Boulevard, run Northwesterly along the Northerly right-of-way line (curb line) of Roosevelt Boulevard for a distance of 300.27 feet to a point; thence with a deflected angle to the right of 78 degrees and 50 minutes and Northwesterly for a distance of 435.94 feet; thence with a deflected angle to the left of 28 degrees 19 minutes and 40 seconds and Northwesterly for a distance of 375.87 feet to a point; thence with a deflected angle to the left of 39 degrees 40 minutes and 20 seconds and Northwesterly for a distance of 99 feet to the Point of Beginning of the tract of land being described herein; thence perpendicular to the preceding course and Southwesterly for a distance of 60 feet; thence perpendicular to the preceding course and Northwesterl% for a distance of 50 feet; thence perpendicular to the preceding course and Northeasterly for a distance of 60 feet; thence perpendicular to the preceding course and Southeasterly for a distance of 50 feet back to the Point of Beginning, c74ta'ining 0.07 acres, more or less. January 5, 1978 Key West, Florida PS S TR12t SURVEYING, tk M. Phillips, Professional L Surveyor orida Reg. Cert. # 1410 EXHIBIT D 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (including the pre -staging of personnel and material), the Vendor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 24 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage - The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners_ shall be named as Additional Insured on all policies issued to satisfy the above requirements. GL3 Administration Instruction #4709.2 56 EXHIBIT `E' POWER OF ATTORNEY M-43 ,1- k POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COLLIER COUNTY OF M"RQ6) That the existing Key West International Airport hangar leaseholder, EAST COAST HANGARS, LLC, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, its true and lawful attorney for it and in its name, place and stead to sign the new lease of the property described on Exhibit A, and to bind EAST COAST HANGARS, LLC to the terms of such lease. including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, EAST COAST HANGARS, LLC, an existing KWIA hangar leaseholder, gives and grants unto its said attorney full power and authority to provide a written acknowledgment of the cancellation of its existing lease, pursuant to the terms of the new lease. EAST COAST HANGARS, LLC is hereby ratifying and confirming all that its said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. 14th June 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the. day of ley, SEALED AND DELIVERED IN THE PRESENCE OF: rlaoq— aWW�.-"it �i�l��ompany i By: Wifn-esd-1 ► tness Name: David G. Budd (Please Print) Its: Assistant Operating Manager (Office) June BE IT KNOWN, that on the 14thday of lay, 2002, the foregoing instrument was acknowledged before me, a Not Public ' Rd for the State of Florida, duly commissioned and sworn, dwelling in t�€4W ego, sve County, Florida, by David G. Budd , as Assistant Operating..Mgr. of EAST COAST HANGARS, LLC, on behalf of the corporation, who is personally known to me or has produced as identification and who did take an oath. IN TESTIMONY WHEREOF, I ve hereunto subscribed my name and affixed my seal of office the day and year last abov wri ` NOTARY P LIC s D CHRIBTNVS M. P0' MY COMMISSION # CC 8173 IF;I:S: Ap ' 30, 2003 i . , eaNNd fim Woary pubic underwrM,r POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, JOHN LOCKWOOD, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and stead to sign the new lease of the property described on Exhibit A, and to bind LOCKWOOD to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, LOCKWOOD, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. LOCKWOOD is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. �9w- 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the � day of Miry , SEALED AND DELIVERED IN(THE PRESENCE OF: Witness f Y Witness t. fi' BE IT KNOWN, that on the / 2- day of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by John Lockwood, who is personally known to me or has produced as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above writte . NOTARY PUBLIC .,,0Mq MYC 30 Polston ikkle OMMISSION # CC795600 EXPIRES ��' • ° BONDED �R TROY YFFAIN, INSURANCE INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, SAM SAMAHA, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and. stead to sign the new lease of the property described on Exhibit A, and to bind SAMAHA to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, SAMAHA, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. SAMAHA is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the JL_ day of May, SEALED AND DELIVERE I T PRE NC WWittnne�sss Witness Sam Samaha BE IT KNOWN, that on the 4ay of pe, 002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by Sam Samaha, who is personally known to me or has produced an oath. as identification and who did take IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. NOTARY PUBLIC v \��-ON "Sarah L.�ji,9 �g :. pOSS'04; •.�' (C-A % #CC783123 �� ,o •.yF �a miu •'� POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. - STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, LARRY DION, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and stead to sign the new lease of the property described on Exhibit A, and to bind DION to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, DION, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. DION is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the 'lam day of lq� SEALED AND DELIVERED L Dion J K MQ— BE IT KNOWN, that on the day of-M&y, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by Larry Dion, who is personally known to me orbs-I+�dF�d _. and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. OTARY PUBLIC Mani�y� RAY A. GANEM Not^wy P��ublic - State of FkmMa Commission* DD 1046E3 Bonded By National Notary Assn. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS. - STATE OF FLORIDA) COLLIER COUNTY OF-NIO IRGE) That the existing Key West International Airport hangar leaseholder, EAST COAST HANGARS, LLC, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, its true and lawful attorney for it and in its name, place and stead to sign the new lease of the property described on Exhibit A, and to bind EAST COAST HANGARS, LLC to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, EAST COAST HANGARS, LLC, an existing KWIA hangar leaseholder, gives and grants unto its said attorney full power and authority to provide a written acknowledgment of the cancellation of its existing lease, pursuant to the terms of the new lease. EAST COAST HANGARS, LLC is hereby ratifying and confirming all that its said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the 21st day of May, SEALED AND DELIVERED IN THE PRESENCE OF: EAST COAST HANGARS LLC, a FArida Limited Liability Company By: Name: David G. Budd (Please Print) Its: Assistant Operating Manager (Office) BE IT KNOWN, that on the 21 st day of May, 2002, the foregoing instrument was acknowledged before me, a Notaryp Public=*forthe State of Florida, duly commissioned and sworn, dwelling in tie-Ei-ef�""�-,l;ounty, Iqorida by David G. Budd , as AGcistan Operating anaWAST COAST HANGARS, LLC, on behalf of the corporation, who is personally known to me or has produced as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last abov,itte _ NOTARY CW118 M M. RAO(i I64M MY COMMISSION # CC 817M EXPIRES: AM 30, 2003 eana.a nxu tioWy Pudlc unarr�Il«•11 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, FRED CABANAS, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and stead to sign the new lease of the property described on Exhibit A, and to bind CABANAS to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, CABANAS, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. CABANAS is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. I�NESS WHEREOF, I have hereunto set my hand and seal, the 15-hday of May, �EALEIP AND)DELIVERED IN TH7 17 NCE OF: Fred Cabanas Witness BE IT KNOWN, that on the I day of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by Fred Cabanas who is _personally known to me or has produced N as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. )NOTARY PUBLIC Kim l South W Commlaaion DD026662 aw EVirea May 16, 2W6 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, ISLAND CITY FLYING SERVICE, INC., has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, its true and lawful attorney for it and in its name, place and stead to sign the new lease of the property described on Exhibit A, and to bind ISLAND CITY FLYING SERVICE, INC., to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, ISLAND CITY FLYING SERVICE, INC., an existing KWIA hangar leaseholder, gives and grants unto its said attorney full power and authority to provide a written acknowledgment of the cancellation of its existing lease, pursuant to the terms of the new lease. ISLAND CITY FLYING SERVICE, INC. is hereby ratifying and confirming all that its said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the i3Ltday of May, SEALED AND DELIVERED IN THE PRESENCE OF: kSLAND C YING SERVI , IN By: Name: - J' (P ease Print) Its: Pt'4ii (Office) BE IT KNOWN, that on the 131 aay of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and svnm, dwelling in the City of Key West, Monroe County, Florida, by d0 r , asF reS � 4u* of ISLAND CITY FLYING SERVICE, IN ., on behalf of the corporation, who is personally known to me or has produced N I A- as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. NOTARY PUBLIC Fvs'�^� Kim L Beutl1 My Commission D0028M Nor �/ 00res May 16, 2005 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, SKII, INC., has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, its true and lawful attorney for it and in its name, place and stead to sign the new lease of the property described on Exhibit A, and to bind SKII, INC., to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, SKII, INC., an existing KWIA hangar leaseholder, gives and grants unto its said attorney full power and authority to provide a written acknowledgment of the cancellation of its existing lease, pursuant to the terms of the new lease. SKII, INC. is hereby ratifying and confirming all that its said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. 2002. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the 9-*- day of May, SEALED AND DELIVERED IN THE PRESENCE OF: C. By Witne Name: W1tri-es S (Please V)I—i Its: P 1 (Office) BE IT KNOWN, that on th� d y of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn dwelling NW6V,o ey We , Monroe Count , Florida, by `OHN M' SPOT`� 1�-4�> of SKII, INC., on behalf of the corporation, who is personally known to me or has produced as identification andwhutte an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. NOTARY PUBLIC VPRobin R. Gedmin MY COMMISSION # CC794170 EXPIRES April 1, 2003 p �y,. BONDED THRU TROY FAIN INSURANCE, INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, ROCKLAND KEY INTERNATIONAL AVIATION, INC. has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, their true and lawful attorney for them and in their name, place and stead to sign the new lease of the property described on Exhibit A, and to bind ROCKLAND KEY INTERNATIONAL AVIATION, INC. to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, ROCK -LAND KEY INTERNATIONAL AVIATION, INC., an existing KWIA hangar leaseholder, gives and grants unto its said attorney full power and authority to provide a written acknowledgment of the cancellation of its existing lease, pursuant to the terms of the new lease. ROCKLAND KEY INTERNATIONAL AVIATION, INC. is hereby ratifying and confirming all that its said attorney or its substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the ';�- day of May, 2002. SEALED AND DELIVERED IN THE,PRESENCE OF: ROCKLAND Y INTERNATIONAL AVIATIO , By: itn s Name:I�V Lr_R�5 Witness ()Please �P}rint) Its: a-k�C.-- (Office) !' BE IT KNOWN, that on the�� day of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Fl rida, uly�� C�� 9nimi sioned and sworn, dwelling in X-71'f- o Key West, Monroe County, Florida, by _� �GUsg , as �: �of ROCKLAND KEY INTERNATIONAL AVIATION, INC., on behalf 6T the corporation, who ><s personally known to me or has produced as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. NOTARY PUBLIC Robin R. Gedmin *• MY COMMISSION # CC794170 EXPIRES ''?'••. April 1, 1003 + ,�(4.•r BONDED THRU TROY FAIN INSURANck INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, STEVE TURCO, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and stead to sign the new lease of the property described on Exhibit A, and to bind TURCO to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, TURCO, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. TURCO is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the1 day of May, 2002. SEALED VD DELIVERED IN THE P1E9ENQ°F, t)F! Steve Turco Witness BE IT KNOWN, that on the ?,/�"dlay of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by Steve Turco, who is personally known to me or has produced an oath. as identification and who did take IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. --1 "/-, , NOTARY PUBLIC iN Robin R. Gedmin MY COMMISSION # CC794170 EXPIRES April 1, 2003 p, f BONDED THRU TROY FAIN INSURANq INC POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: STATE OF FLORIDA) COUNTY OF MONROE) That the existing Key West International Airport hangar leaseholder, PETER NORQUOY, has made, constituted and appointed, and by these presents does make, constitute and appoint KWIA Hangar Corporation, his true and lawful attorney for him and in his name, place and stead to sign the new lease of the property described on Exhibit A, and to bind NORQUOY to the terms of such lease, including but not limited to the terms and conditions of the Lease that affect the existing leases of such hangar leaseholders. Additionally, NORQUOY, an existing KWIA hangar leaseholder, gives and grants unto his said attorney full power and authority to provide a written acknowledgment of the cancellation of his existing lease, pursuant to the terms of the new lease. NORQUOY is hereby ratifying and confirming all that his said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal, the /,P' day of May, 2002. SEALED AND DELIVERED IN HE PRESENCE O +: ,Witness or Wi BE IT KNOWN, that on the 'day of May, 2002, the foregoing instrument was acknowledged before me, a Notary Public in and for the State of Florida, duly commissioned and sworn, dwelling in the City of Key West, Monroe County, Florida, by Peter Norquoy, who is personally known to me or has produced ----- as identification and who did take an oath. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed my seal of office the day and year last above written. Charlotte Leonard MY COMMISSION # DD108592 EXPIRES a. 0. April24 =6 BONDED YHRUROYFAN INSURANCE.INC NOTARY PUBLIC