Item C46
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 1/19/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of assignment of lease for hangar space at the Key West International Airport,
from Robert T. Feldman to 113, Inc.
ITEM BACKGROUND: Mr. Feldman has sold his hangar to 113, Inc., and wishes to assign his lease to the corporation.
PREVIOUS RELEVANT BOCC ACTION: Approval of lease agreement with Robert T. Feldman, 4/19/95.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
REVENUE PRODUCING: Yes
AMOUNT PER YEAR: $690.00
APPROVED BY: County Attorney X
OMB/Purchasing N/A
Risk Management N/A
AIRPORT DIRECTOR APPROVAL
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Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
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AGENDA ITEM #
/ - e'1/6
DISPOSITION:
Ibev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: 113 Inc.
Effective Date: 12/6/99
Expiration Date: 2/7/2010
Contract PurposelDescription: Assignment of lease for hangar space at the Key West International Airport,
from Robert T. Feldman, to 113, Inc.
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 1/19/00
# 5195
(Ext. )
Airports - Stop # 5
(Department)
Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: revenue producing
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: 404-344101
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No 7~
Airports Director D 10/00 ( ) (f-). DjQ/ DO
Peter Horton
Risk Management ~~- ( ) ( ) /!./ I A ~_/-
I
O.M.B./Purchasing ~_/- ( ) ( ) ;} ?(e~. ~~-
County Attorney _/~- ) ( ) LJ;pJ(pq
Comments: I . Kehnson
AGREEMENT FOR SALE AND ASSIGN1\1ENT
COMES NOW, Robert T. Feldman (hereinafter referred to as <<Assignor") and 113, Inc.
(hereinafter referred to as "Assignee) and agree as follows:
1. 1bat 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 lease to 113, Inc-, the Assignee for the consideration of FIFTY rnOUSAND and
00/100 ($50,000.00) DOLLARS.
3. The $50,000.00 sluill 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 f.s> ;:"'!J. day of December, 1999
By:
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By: AtloT. ~t:9 JtdAssignee)
113, Inc.
(Assignor)
BY
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LEASE AGREEMENT
THIS LEASE is made and entered into on the lq~ day of ~I 1
. 1995. by r'
and between the COUNTY OF MONROE. 0 pofiiical subdivision of the Stote of Florida,
hereinafter referred to os Lessor, party of the first port. ROBERT T. FELDMAN, hereinafter
referred to as Lessee. porty of the ~econd part.
IN ~ONSIDERATlON of the mu.tvol. covenants. promise.. and premises herein
contained. the parties hereto agree as follows:
1. PREMISES. The Lessor of these presents leases unto the Lessee 0 parcel
of land at the Key West International Airport, Key Wesf. Monroe County, Florida.
measuring -40 feet in width and 30 feet in depth. os shown on Exhibit A (property mop) ...
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 February 8. 1995,
3. RENT. The Lessee hereby covenants and agrees to pay 10 the Lessor rent
in the sum of Five Hundred Fifty-four and 22/1 00 .~o.llars ($554,22) per year. plus sales
tax of Thirly Eight and 80/~Od Dollars ($38.80). for a total rent of Five Hundred Ninety-
three and 02/1 00 Dollars ($593.02) for the use of said premises during the term of this
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fease. said rent to be payable in advance on the fir)! day of each year during said
term.
4.
lESSOR'S COVENANIS-
The Lessor hereby covenants and agrees with
the Lessee as fallows:
A. The lessee shall have the right to ere-ct a portable aircraft hangar on the ,,-
leased premises.
B, The lessee sholl hove reasonable ingress. egress and access privileges 10
the leased premises.
C. the Lessee. on keeping the covenants and agreemen1s by him herein
contoined. shall hove quiet and peaceful enjoyment of the demised premises without
any interruptions by the Lessor, or by ony person or persons claiming by. through or
underit
5. . - LESSEE'S COVENANTS.
the Lessor as follows:
A. To pay the Lessor the rent 01 the times and in the manner provided for by
The Lessee hereby covenants and agrees wlth
this lease.
B. That no construction mortgage or lien of ahy nature will be placed vpon
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 mainfenance of such privalely owned
airplanes,
D. To pay all utilities. including gas. elecJric:ity, water end garbage disposal
charges, jf any. as well os 6(1 'installafion charges fhol may be required for any such
utilities.
E. To make no improper Oc' vnlowfvl or oHensive use of said premises. and to
permit the Lessor or its agents to inspect the leased premises af 011 reas:onoble times for
the pvrpose of viewing the condition 1hereof.
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F. The Le:)see agrees to hold the Lessor harmless from any liability by reason
of their use of said hangar, including any liability arising ouf ot any occident insvred or
cavsed by their equipment. employees, invitees. guests. perIonnel and/or foci/ilies.
and will maintain pvblic; liability il1surOflce in a reasonable amount sufficient to protect
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the Lessor. but not less than $100.000/$300.000,
6, MUTUAL COVENANTS. It is mutually covenanted and agreed by and
between the lessor ond the Lessee as follows:
,_ Thaf at the expiration of the term of this lease. the lessee will quietly and
peaceably. deliver up possession of the leased premises. and remove fhe aircraft ~.
hangar located thereon: however. in the event fhe Key West International Airport
should be permanently closed. and the lands therein cease to be used os an airport
during the term of this lease. the lessee shall retain fille 10 and shall hove the right to
remove the hangar located on the leased premises,
2. This lease sholl be binding upon the parties hereto. their successoo.
e~ecutors. adminisirafo~ and assigns.
3. This lease shall be automatically canceled, and the title to the
improvements on the leased premises shall revert 10 the lessor should fhe Lessee fair to
occupy fhe premises or there is evidence 1hal. ~h~ premises are abandoned for a
continuous period of any/~x-' (6} months dvring th~ term of this lease. notwithstanding
anything contained in paragraph 1 herein.
7. SUBLEAS~. ASSIGNMENT. Lessee shall have the right during the term of this
Ie me to sublet said shelter ond lond leased hereunder fo anofher person. upon
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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 sholl. upon thirty (30) days- written
notice from Lessor. move said shelter from said leased premises if the land is required to y
accommodate future airport development or for any other reosan as determined by
the FAA. and lessor.
9. RENTAL RATE ADJUSTMENT. Rental rates under this lease shall be adjusled
annually in Occordat']ce with the percentage change in the Consumer Price Index
rePll for W9ge Earn~ and Clerical Workers in the Miami. Florida. area index. ond shall "
be based upon the annual average CPI computation from January 1 through
December 31 of fhe previovs year.
10. RENEW AL OPTION. At the expiration of this leose. Lessee shall have the
option to renew fhis lease for an additional five (5J year period under the mme terms
and conditions. if agreeable to Le$sor.
II, COMPLIANCE WITH LAWS, Both ponies sholl comply wilh 011 federal. stafe
and local lows goveming the activities under this lease. Lessee covenants fhat he shall
maintain ond operate and use the premises in compliance with 49 CFR, Port 21.
Nondiscrimination in Federally Assisted Programs of the Department of Transportation.
as said R(!guloflons may be ~~ended. More particularly. L(!ssee covenants that:
I
ol 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
bJ in the construcfion of any impro.....ements on 1he premises and the furnishing of
services thereon. no person on the grounds of roce. COIOf, national origin. or sex
shall be excluded from porllcipaticr"I in. denied the benefits of. or otherwise be
subjected to discrimination.
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IN WITNESS WHEREOF. the parties herato hove caused fhese presents to be
eXQcufed on fhe day and year first above written.
(SEAL)
ATTEST: DANNY L. KOlHAGE CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By J2JJdtJ~r~
Deputy rk
By
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