FY1986-FY1996 10/17/1986
iDannp I. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FWRIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294-4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FWRIDA 33070
TEL. (305) 852-9253
MEMORANDUM
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To: Airport Director
From: Danny L. Kolhage, Clerk
Subject: Resolution No. 307-1986
Date: October 23, 1986
On October 17" 1986, the Board of County Commissioners adopted
Resolution No. 307-1986 authorizing the Mayor and Chairman of the
Board of County Commissioners to execute a Lease by and between
the County of Monroe and Monroe County Mosquito Control District
for certain premises located at the Marathon Airport.
Attached hereto are two certified copies of the subject
Resolution and two fUlly-executed copies of the Lease. One set
of documents should be retained for your records and the other
set should go to your Lessee.
Danny L. Kolhage
Clerk
Attachments
cc: County Attorney
Finance Department
IFile
LEASE
THIS LEASE is made and entered into on the 17th day of
October , 1986, by and between the COUNTY OF MONROE,
a political subdivision of the State of Florida, Lessor, herein-
after referred to as "COUNTY", and MONROE COUNTY MOSQUITO CON-
TROL DISTRICT, Lessee, hereinafter referred to as "MCMCD".
WHEREAS, COUNTY owns an airport known as Marathon Airport
located in Marathon, Monroe County, Florida, hereinafter,referred
to as the "AIRPORT", and
WHEREAS, MCMCD is engaged in the operation and maintenance
of aircraft for aerial larviciding and aerial adulticiding, and
WHEREAS, MCMCD desires to obtain certain rights and privi-
leges in connection with the use of the airport facilities, and
the COUNTY is willing to grant and lease the same to MCMCD on a
non-exclusive basis, upon the terms and conditions hereinafter
stated.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, and other valuable
considerations, COUNTY does hereby lease unto MCMCD, and MCMCD
does hereby lease from COUNTY certain premises and facilities,
rights and privileges, as follows:
1) Premises. COUNTY does hereby lease to MCMCD, and MCMCD
leases from COUNTY, premises as indicated on the attached Exhibit
"A", made a part hereof.
2) Use of the Airport. MCMCD shall be entitled to use, in
common with others authorized to do so, the airport facilities
and appurtenances, together with all equipment improvements and
services which have been or may hereafter be provided at or in
connection with the AIRPORT for common use, for all lawful
purposes of the MCMCD.
3) Term. The initial term of this lease shall be Ten (10)
years, commencing October 1, 1986, and ending on September 30,
1996. MCMCD shall have the option to renew this lease for two
(2) additional terms of Five (5) years for a rent increase of ten
(10) percent for each additional five (5) year period with all
other conditions remaining the same.
4) Rent. During the initial term of this lease, MCMCD
shall pay to the COUNTY, rent in the amount of Six Thousand Fifty
Two and 80/100 Dollars (6,052.80) per year, payable on or before
the first month of each term.
5) Lease Hold Improvements. MCMCD shall have the right to
erect an aircraft hanger on the leased premises for aircraft
maintenance and aircraft parking. Such buildings, and any other
improvements made to the leased premises, shall be made only with
the written consent of COUNTY, through its Director of Airports,
and shall be made in accordance with all applicable Federal,
State, and County building codes and requirements,
6) Connnon Areas. MCMCD shall have the right to use, in
connnon with others, the AIRPORT space and facilities to permit
landing, taking off, taxiing, loading, unloading and servicing of
MCMCD aircraft, subj ect to reasonable rules and regulations of
COUNTY as to the use of such connnon spaces and facilities.
7) Right of Ingress and Egress. MCMCD, its agents, employ-
ees, and suppliers shall have the right of ingress and egress to
and from the leased premises, which shall not be unreasonably
restricted by COUNTY.
8) Utilities.
MCMCD shall be responsible for obtaining
water service, trash removal service, and
electrical service,
similar utility services, as needed, and shall be responsible for
paying for its use of such utility services,
9) Assignment. The premises leased hereunder may not be
sublet, and this lease may not be assigned without the written
consent of the COUNTY,
10) Maintenance of Premises. MCMCD shall be responsible for
and shall properly maintain the lease premises, and upon the
termination of this lease, shall leave the premises in, at least,
as good condition as at the time of the connnencement of this
lease, normal use and occupancy excepted,
11) Insurance, MCMCD agrees to indemnify and save COUNTY
harmless from and against all claims and actions and expenses
incidental thereto, arising out of damages or claims for damages
resulting from the negligence of MCMCD, its agents, or employees
in the use of occupancy of the leased premises and the connnon
areas of the AIRPORT facilities by MCMCD. Lessee agrees to carry
and keep in force such insurance with a minimum combined limit of
liability for bodily injury and property damage of no less than
One Million Dollars ($1,000,000.00). The Lessor shall be named
an additional insured and will be furnished with a Certificate in
evidence of the insurance providing for no less than thirty (30)
days notice in the event of material change or cancellation.
Lessee shall carry its insurance coverages with a company au-
thorized to do business in the State of Florida.
12) Default. The failure of MCMCD to pay any installment of
rent when it becomes due or any other charges or fees shall be
due within ten (10) days after COUNTY transmit a statement
therefore, Further, the failure of MCMCD to perform any other of
the covenants of this lease, which failure shall continue for a
period of fifteen (15) days after notice thereof is given to
in writing by the COUNTY shall also constitute a default
under the terms of this lease, In the event of a default, COUNTY
may, at its options, declare the lease forfeited and may,
immediately, re-enter and take possession of the leased premises,
and this lease shall terminate.
If it shall be necessary to
employ the services of an attorney in order to enforce its rights
under this paragraph, or to collect any of its rentals or fees or
charges due, COUNTY shall be entitled to reasonable attorney's
fees.
IN WITNESS WHEREOF, the parties hereto caused this lease to
be executed as of the day and year above written,
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~-7ftW
By:
(SEAL)
Attest: DANNY L, KOLHAGE, Clerk
Hayor Pro Tern
L)J;'~Ml)C
MONROE COUNTY MOSQUITO CONTROL
DISTRICT
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