1. 09/21/1995 to 09/20/2015....09/21/1995
1J9annp 1.. lSolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
M~MQBANQ1!M
TO:
Peter Horton, Director
Community Services Division
FROM:
Isabel C. DeSantis, Deputy Clerk9.t.~.
October 12, 1995
Date:
As you know, at the September 21, 1995 Commissioner's meeting,
the Board granted approval and authorized execution of a Lease
Agreement between Monroe County and the Hangars On, Inc., for
hangar space at the Marathon Airport.
Attached hereto is a duplicate original of the above document
for return to the Lessee.
Should you have any questions concerning these matters, please
feel free to contact me.
cc: County Attorney
County Administrator, w/o document
Finance
/F i Ie
rrUrO F OR ~ECOR{,:)
?j OCT 12 P2 :23
LEASE AGREEMENT
THIS AfdRlEFtytENJis made by and between Monroe County, a political
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subdivision of the State of Florida, whose address is 500 Whitehead Street, Key West,
Florida 33040, hereafter Lessor, and Hangars On, Inc., a Florida corporation, whose
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address is..2j 00 (;.ul/'lTfl. eA~ ~/vJ. ftlAllAf HaAl. rIA. , hereafter Lessee.
"S '3050
WIT N E SSE T H:
I. That the Lessor of these presents leases unto said Lessee a parcel of land
at the Marathon Airport, Marathon, Monroe County, Florida, measuring 4,980 square
feet, as shown on Exhibit A (property map) which is attached hereto and made a part
hereof.
II. The term of this lease is 20 years from its effective date.
III. The Lessee hereby covenants and agrees to pay the Lessor rent in the
amount of 30~ per square foot per year for the leased area for a total annual rent of
$1,494.00. The rent is payable on a monthly basis, in advance, in the amount of
$124.50. The Lessee may elect to pay the annual amount, in advance, as a lump sum.
The Lessee is also responsible for all sales taxes. The rent agreed to in this paragraph
will be adjusted annually in accordance with the percentage change in the Consumer
Price Index (CPI) for wage earners and clerical workers in the Miami/Ft. Lauderdale,
Florida area and will be based on the annual average CPI computation from January
1 to December 31 of the prior year. The parties agree that the only additional cost not
included above is a potential increase in the amount of insurance coverage required
by the Lessee. Should the Lessor require all tenants at the airport, for good cause, to
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increase the amount of insurance required by the County, such an additional
insurance requirement will be passed on to the Lessee, Hangars On, Inc. Any such
increase will be in the same pro rata proportion as to the other tenants of the Marathon
Airport at that time.
IV. The Lessor hereby covenants and agrees with the Lessee as follows:
1.) The Lessee has the right to occupy the leased premises and
construct an aircraft hanger on the leased premises.
2.} The Lessee has reasonable ingress, egress and access privileges to
the leased premises.
3.} The Lessee, on keeping the covenants and obligations contained
in this agreement, has the quiet and peaceful enjoyment of the leased premises
without any interruptions by the Lessor or by a person or persons claiming through or
under the Lessor.
V. The Lessee hereby covenants and agrees with the Lessor:
1.} To pay the Lessor the rent at the times and in the manner provided
for by this lease. Rent is due and owing upon the first date that any construction of the
hangar pursuant to the lease begins.
2.} To commence construction of one shade hangar in a modern
state-of-the-art design from Erect-A-Tube, Inc., of Harvard, 111., or from a similar hangar
designer/manufacturer, within one year of the effective date of this agreement and to
complete the construction within six months after commencement.
3.) The hangar must meet the construction standards of all County,
state and federal ordinances, statutes, and regulations.
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4.) No construction mortgage, or lien of any kind, may be placed on
the hangar.
5.) The hangar may only be used for the purpose of housing airplanes
not used in commercial service and for providing care, repair and maintenance of
those airplanes.
6.) To make no improper or unlawful or offensive use of the leased
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 of the premises.
7.) The Lessee covenants and agrees to indemnify and hold harmless
the Lessor 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 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. This obligation of
indemnification is not vitiated by the insurance obligations contained in paragraph V8.
and Exhibit B.
8.) Regardless of the effective date of this lease, the Lessee may not
occupy the premises and begin construction of the hangar until it has obtained the
insurance required by Exhibit B and produced adequate proof of such insurance to the
County's Director of Risk Management. Exhibit B is attached to this lease agreement
and made a part of it.
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9.) The leased premises may not be sublet and this lease may not be
assigned without the written consent of the Lessor.
10.) At the expiration of the term of this lease the hangar will
automatically become the property of the Lessor, title to it will automatically transfer to
the Lessor, and Lessee will quietly and peaceably deliver up possession of the leased
premises and hangar to the Lessor.
VI.
A.)
This lease may be canceled, at the discretion of the Lessor with the
hangar (if built) automatically becoming the property of the Lessor, and title
automatically transferring to the Lessor, if:
1.) The Lessee fails to timely occupy the leased premises and
commence construction of the hangar;
2.) Lessee fails to timely complete the hangar;
3.) Lessee fails to timely pay the rent;
4.) Lessee fails to obtain the insurance required under this lease within
:3 0 ~~ays of the effective date of this lease or allows the required insurance
coverage to lapse or fall below the minimum required; or
5.) Otherwise breaches the terms of this lease agreement.
B. The Lessor may also cancel this lease if the leased premises are
required to accommodate future development at the Marathon Airport or for any
other reason determined by the FAA or the Lessor. Lessor, if it determines to cancel the
lease under this paragraph, must provide the Lessee with 30 days written notice before
the cancellation becomes effective. Lessee must then abandon and quietly and
peaceably deliver up the possession of the leased premises. Lessee may, however,
5
remove the hangar from the premises if it so desires. If Lessor cancels the lease
agreement under this paragraph, Lessor will not be liable to Lessee for any damages--
direct or consequential--suffered by the Lessee as the result of the cancellation.
VII. This lease agreement is between the Lessor and Lessee only. Nothing in
this lease may create a contractual relationship with, or any rights in favor of, any third
party.
VIII. This lease agreement has been carefully reviewed by both the Lessee
and the Lessor. Therefore, this lease is not to be construed against any party on the
basis of authorship.
IX. This lease agreement represents the parties' final and mutual
understanding. It replaces any earlier agreements or understandings, whether written
or oral. This lease cannot be modified or replaced except by another signed lease or
lease amendment.
X. Nothing in this lease should be read as modifying the applicable statute
or limitations. The waiver of the breach of any obligation of this lease does not waive
another breach of that or any other obligation.
XI. This lease takes effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF each party hereto has caused this agreement to be
execute din duplicate by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
B~C?.~~
Deputy Clerk
Date:
09-.2/- ,~
(CORPORATE SEAL)
ATTEST:
By ..>zf~~/{/(:~ a~~
Secretary
Date: r:~ 6 - 9 ~-
p/lease/hangars.doc
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~ THEAOORA RAMSAY
i Notary Public, Stale ci Florida
. My Comm. Expires Nav 2, 1998
No. CC 405432
Bonded fhru !CUltl.1 N,IlIrl/ t;,,-,tt
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RECEIVED
OEe 23 1993
AIRPORTS 10MB FAA REQUIRED LEASE CLAUSES
1. This lease shall be subject to review and re-evaluation
at the end of each I year period, by the airport
ownRY and the rent may be adjusted accordinq to their
action, not. t.o exceed the Consumer Price Index rate
during the last I'~ month period, or;
Land less improvements will be Hppraised every 5 year.
and thQ adju~ted rental will be bas~d on,normally 10-12
porcent of appraisod value. If disputQd,'le~sor
obtain~ appraical at his expense and lessor/lessee
equally shure expense fo~ review appraisal that
establishes fair market v~luc.
2. The tenant for himself, his personul represcntativee,
5U~L~tiSOrS in intere~t, and ossiqns, 00 a part of th4
consideration hereof, ~oes hereby covenant and Qgree
t.hat (l) no person on the tjL'uuwls of race, color, or
national origin shall be excluded '~urn ~drticipation
in, denied the benerits or, or be otherw15e subjected
to discriroination in the use ot said tacllitle~, (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
Tr~nRportation-Effectuation of Title VI of the civil
Rights Act of 19~4, ~nd AS s~id Regulations may be
amQndQd.
That in th~ eVAnt of brGach of any of the above
nondiGcrimifiation covenants, Airport OwnQr ~hall have
the right to terminate the lease and to re-Qnter and as
if ~aid lease hQd never been ~ade or iDcuod. The
provision shall not be effective until the proceduros
of Title 49/ Code of Federal Regulations, ~Qrt 21 ~rC
!ulluwt:lu C11l~ completed including exercise or expira't!an
of appeal .rl<;Jhlli.
:So .It snaIl be a condition of this le~s~, L.hdt.. the le550r
reserves unto itself, its successors and assigns, lor
the use ana Denetit of the PUblic, a r1ght or rli9ht
for the passage of aircraft in the airspace above the
surface of the real property hereina~ter de5cribe~,
together with the right to cause in said airspace SUCh
noise as may be inherent in the operation of aircraft,
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now known or hereatter used, tor navigation of or
flight in the said airspace, &nd 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 I objects of natural qrowth and other
obstructions on the hereinafter described real property
to such A hQiqht so as to comply with rederal Aviation
R@qulations, Part 77.
That the LescQe GxprQs~ly aqreeg for it~elf, its
suooessors and assigns, to prevent any use of the
hereinafter described real property which would
interfere vith or ndversely affoct the operation or
maintenance of the airport, or otherwise conotituto an
airport ha~ard. .
4. This lease and all provisions hereof are 5ubject and
tjub.1.L"uluale Lu Lhe Lerl11s and conditions of the
instruments and documents under whIch t.h~ Ail:"port Owner
acquired the subject property trom t.he UnlL~d s~ate8 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 trom
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
f'lA (IJ'; r Ii Ci tJ Airport.
5. Notwithstandinq anything herein contained that may be,
or appear to be, to the contrary, it is expressly
understood and aqreed that the riQhts granted under
this aqreement are nonexclusive and the Lessor herein
reS~Tves the right to qrant similar privileqes to
another Lessp.!e or other I,p'!l;!l;AA!=: nl"l nt.hAT parts of ~h8
alrport_
.
.
RECEIVED
DEe 23 1993
AIRPORTS/OMB
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EXHIBIT "B"
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Apri/22. /,),J.1
J~ /'rinung
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BI~TWEEN
MONROE COUNTY, FLORII)A
AND
"",'
Prior to the commencement of work governed by this contract, the C~ntmctor shall obtain
General Liability Insurance. Coveragc shall be maintaincd throughout thc life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· l3Ianket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
-)
Ifsplit limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or afler the eflbctive 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.
.
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^"nlini~ivc 'INrudion
64709:'
GLI
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