2. 06/18/1997 to 06/17/2017....06/18/1997
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAmON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO 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:tM.QBAH~!.lH
TO:
Peter Horton, Director
Community Services Division
Isabel C. DeSantis, Deputy Clerk JJ.c:.EJ.
July 3, 1997
FROM:
Date:
As you know, at the Board meeting of June 18, 1997 the Board
granted approval and authorized execution of a Lease Agreement
between Monroe County and Hangers On, Inc., for a four bay hangar
structure at the Marathon Airport.
Attached hereto is a fully executed duplicate original of
the Lease Agreement for return to the Lessee.
Should you have any questions concerning the above, please
do not hesitate to contact this office.
cc: County Attorney
County Administrator, w/o document
Risk Management
~inance
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LEASE AGREEMENI
THIS AGRE;EMENT is made by and between Monroe County, a political subdivisIon of the
State of Florida, whose address Is 500 WhItehead Street, Key West, Florida 33040. hereafter
Lessor, ond Hangers On. Inc., 0 rlorldo corporation, whose address Is 7900 Gulfstream Blvd.,
c. CD
Marathon. FL 33050. hereafter Lessee or Tenant.
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WIT N E SSE J H:
c.
c.:;
I.) The parties mutually agree to caneel and rescind their lease Agreement entwed Into
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on September 21. 1995. with neither party awing any further duty or obli~!io"i.1a Ips otb~r
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under the terms of that 1995 Agreement. )> en
II.) 1, When the Items described in paragraph III are completed. then the Lessor leases
to the Lessee a parcel of land. and the improvements on the land, at the Marathon Airport.
Marathon. Monroe County. Florida. the parcel measurIng 4,980 square feet, hereafter the
leased premises or the premises. as shown on ExhibIt A (property map). ExhIbit A is attached to
thIs Agreement and made 0 part of It.
2. The term of this leas. is twenty (20J years, beginnIng on the day after the dete the
capItal Improvements descrIbed in paragraph III are completed.
3.' The shade hangars located on the leased premlsBs described In ExhibIt A will
become the property of the Lessor immediately upon the parties' execution of thIs Agreement.
.
4. The Lessor grants to the Lessee a license ot keep Its aIrplanes ot the premises'
hangar facility in existence On the effective date of this Agreement while the capItal
Improvement constructIon process Is ongoIng. The Lessor may requIre the Lessee to move Its
airplanes when the airplanes' presence would interfere with constructIon. The license begins
on the effective date of thIs Agreement and ends when the capitClllmprovements required by
paragraph III are completed and the lease begins. The restrictions on the Lessee's use of the
hangar facilitIes set forth In paregraph IV also apply to the Lessee's use of the focHftles under
the. license granted In this subparagraph.
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*COUNTY:ATTORNEY*
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TEL:305-292-3516
Jun 03,97
14:17 No.005 P.03
III.) The lessor must make the following capital Improvements to the leasehold:
1.) Complete the electrloal work described in Monroe County building permit No. 96-
2-816;
2.) Enclose the hangars in order to provide four independent hangar bays with four
electric zero tolerance high fold doors on the south side and four access doors on the north
side with the option for aooess doors In the high fold doors at the lessee's expense. In
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enclosIng the hangars. the hangar facility floor spaoe must remain as defined by the outside of
the four vertical support posts in exIstence on the effective date of this Agreement.
3.) Construct the pavement necessary for ingress and egress to the hangar facility
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and the pavement necessary to connect the hangar faclllty to the main taxi-way of the
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Airport:
4.) Install one water line and one meter to the structure and Install four hose bibs
(one per hangar bay).
IV.) The lessee is responsible for normal and routine maintenance of the hangar facilities,
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not to Include hangar facility repairs or repairs to the surrounding area. If during the term of
this lease the hangar facility Is damaged or destroyed. then the Lessor must promptly, and at
no cost to the Le$$ee, repair or reconstruct the hangor facility. The repair or reconstruction
must be made with the same quality materials and In the same dimensions 0$ the domaged or
destroyed hangar facility.
V.l The Lessee hereby covenants and agree$-' to pay the Lessor rent In the amount of 30~
per square foot per year for the leased area for 0 total ann val rent of $1,494.00. The rent Is
payable on a monthly basis, In advance. In the amount of $124.50. The Lessee may elect to
pay the annual amount. In advance. as a lumj:') sum. The lessee Is also responsIble for all sales
taxes. The rent agreed to in this paragraph will be adjvsted annually in accordance with the
percentage change In the Consumer Price Index (CPII for wage eam;; il~ricQI WOrk~J
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*CQUNTY, ATTORNEY*
TEL:305-292-3516
Jun 03,97
14:20 No.005 P.04
the MiamI/Ft. Lauderdale. Florida area, and will be based on the annual average CPI "
computation from January 1 to December 31 of the prior year. The parties agree that the only
additional cost not Included above is a potentIal increase In the amount of insurance
coverage requIred by the lessee. Should the lessor require 011 tenants at the airport, for good
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causa, to increase the amount of Insurance required by the County, such an odditloncl
insurance requirement will be passed on to the Lessee, Hangars On, Inc. Any such Increase will
be in the same pro rata proportion as to the other tenants of the Marathon Airport at thot time.
VI.' The Lessor hereby covenants and agrees wIth the Lessee as follows:
1.' The lessee has the right to ocoupy the leased premises.
2.) The Lessee has reasonable ingress. egress and access to the leased premises.
3.) The Lessee may only sublease the premIses for longer than six mohths. or assign Its
leasehold, with the approval of the lessor's Board of County Commissioners. whose approval
may not be unreasonably withheld. The Lessee may sublease the hangar facilities for sIx
months or les$ without Lessor's Boord of County Commissioners' apprOval. but subject to
notIfyIng the Lessor's Marathon Airport Manager as provided In subparagraph VIl(5).
4.) The Lessee. on keeping the covenants and obligatIons contained In this
Agreement. has the quiet and peocefvl enjoyment of the leased premises during the term of
j this lease without any Interruptions by the Lessor or by any personl') claiming through Or under
! the Lessor.
VII.) The lessee hereby oovenants wIth the Le$so~:
1.) To pay the lessor the rant at the times and In the manner provided for by thIs
lease.
2.J No mortgage. lien. or encumbrance of any kind may be placed on the leased
premises, IncludIng the hangar facilitIes.
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~CQUN1~. ATTORNEY*
TEL:305-292-3516
Jun 03,97
14:20 No.005 P.05
3.) No modlflcation(s) to the hangar facJlltles may be made until the modificatlon(s) .
are opproved by the Lessor's Marathon AIrport Manager.
4.) The hangar foclllties may only be usee! for the following:
a.) The housing of airplanes not used In commercial service or otherwise used
in competition with any service offered for a fee by the Marathon Airport
FBO, other than the rental of hangar space;
b.) The providing of care, repair and maintenance of only those airplanes
-housed at the hQngar facilities. No other use of the hangar facilities may be
undertaken by the Lessee without the approvQI of t he Lessor's Board of
County Commissioners;
c.) The temporary parking of automobiles.
5.) The Lessee will provide the Lessor's Marathon Airport Manager with a list of the
hangar facility occupants. and their aircraft, that ote approved by the lessee. An updated list
must be provided the Airport Manager within five (5) days from when an Occupont or aircraft is
changed.
6.) No Improper or unlowful or offensive use may be made of the leased premIses.
7.) Lessee must 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,
e.) The Lessee must obtain and pay for water and electrical services to the premises
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In Its own name.
9.) The lessee covenants and agrQes to Indemnify and hold harmless the lessor from
any ond all claims for bodily injury (Including death), personal Injury, ond property damage
(Including property owned by Monroe County) and, any 9ther losses, damages and expenses
(Including attomey's fees) which arise out ofl In connection with. or by reason of services
provided by the Lessee or any of its contractors, occasioned by the negligence, elTors or other
wrongful aot or omission of the lessee or lts contractor(s). their employees or agents. This
obligation of IndemnificatIon Is not vitiated by the insurance obligations contained In
paragraph 10 and ExhIbIt B.
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*CQUNry.- RTTORNEY*
TEL:305-292-3516
Jun 03,9?'
14:21 No.005 P.06
lO.} Regardless of the effective date of this Agreement. the Lessee may not occupy"
the premises. under either the license or the lease. 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 part of it.
n.} At the expIration of the term of the lease, thQ Lenee will quietly and peaceably
deliver up possession of the leased premises to the Lessor.
VIII.) 1.) This lease may be canceled at the dIscretion of the Lessor if:
a.) lessee fails to timely pay the rent:
b.) Lessee falls to obtain the Insurance required under this Agreement wIthin
thirty (30) doys of the effective date of this Agreement or allows the
required insurance coverage to lapse or fall below the minimum required;
or
c.) Lessee otherwise breaches the terms of this lease agreement.
2.) The Lessor moy also cancel this lease if the leased premIses are required to
accommodate future development ot 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 thirty (30) days written notice before the cancellation
becomes effective. lessee must then abandon and quietly and peaceably deliver up the
1 possession of the leosed premises. If Lessor concels the leose 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. However, If the lessor exercises Its right to cancel the
lease under this subparagraph. the Lessor must provide the lessee with substitute hangar
facilities that are similar to the facilities furnIshed under this lease.
IX,) The tenant for himself. hIs personal representatives. suocessors In Interest, and osslgns,
as part of the consideration hereof, does hereby covenont and agree that: (1) r'\o person on
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the grounds of race, color. or notional origin shall be excluded from participation In, denied ! .
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~COUNTY. ATTORNEY*
TEL:30S-292-3S16
Jun 03,97
14:21 No.OOS P.07
the benefits of, or be otherwise subjected to discrimination in the use of said facilities: (2) that "
In the constrvctlon of any improvements on. over or under such land and the furnishing of
services thereon. no person on the grounds of race. color or notional 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 ImpoSi8d by
or pursuant to Title 49, Code of Federol Regulations. Department of Transportation, Subtitle A,
.
Office of the Secretory, Part 21, Nondlscrlmlnotlon In Federally-asslsted 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 non.dlscrimination covenants, Airport
Owner shall have the right to terminate the lease and to re~enter and as If said lease hod never
been made or Issued. The provision shall not be effective until the procecluresof Title 49, Code
of Federal Regulations',Part 21. are fOllowed. and completed Including exercise or expiration of
appeal rights.
X.} It shall be a condition of this lease. that the Lessor reserves unto Itself. Its successors
and assigns, for the use and benefit of the public. a right of flight for the possoge of aircraft in
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the airspace above the surface of the real property hereInafter descrIbed, together with the
right to cause in sold airspace such noise as may be Inherent In the operation of aircraft, now
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known or hereafter used. for navigation of or fl1ght In the said airspace, and for use of said
airspace for landing on, taking off from or operating on the airport.
That the tenont expressly agrees for Itself. its SUccessors and osslgns, to restrlot 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 should Interfere with or adversely affect th
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operation or maintenance of the airport. or otherwise constitute an olrport hazard.
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*COU~lY' RTTORNEY*
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TEL:305-292-3516
Jun 03,97
14:21 No.005 P.08
XI.) This laase and all provl~lons hereof are subject ond subordinate to the terms and
conditions of the instruments and documents under which the AIrport Owner act:lulred the
subject property from the United States of America. and shQIl be given only such effect os will
not conflict or be inconsistent with the terms and conditions contained In the lease of sold-
lands from the Airport Owner. and any existing or subsequent amendments thereto and ore
subject to any ordinances. rules or regulations which have been , or may hereafter be
adopted by the Airport Owner pertaIning to the Marathon Airport.
XII.) 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
ore nonexclusive and the Lessor herein reserves the right to grant similar privileges to another
lessee or other lessees on other parts of the Airport.
XIII.) This lease agreement Is between the Lessor and the Lessee only. Nothing in this lease
may create a contractual relatlon5hlp with. or any rights In favor of. any third party.
XIV.) This lease agreement has bean carefully reviewed by both the Lessee and the
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Lessor. Therefore. thIs tease is not to be construed against any party on the basis of authorship.
XV.) 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.
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(Hangerl On, Inc. . Marathon Airport L
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~CQUMTY' ATTORNEY*
TEL:305-292-3516
Jun 03,97
14:23 No.005 P.09
XVI.) Nothing In this leose should be read os modifying the applicable statute of ^
limitations. The waiver of the breech of any obligation of thIs lease does not waive another
breach of that or any other obligation.
XVII.) This lease takes effect on the date of the signature of the lesst party to sign.
IN WITNESS WHEREOF, each porty hereto has caused this agreement to be executed In
.
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'(s~A~-./)J BOARD OF COUNTY COMMISSIONERS
ATTEsr~NNY L. KOLHAGE, CLERK OF MO ROE COUNTY, FLORIDA
BY~UC,~~
Deputy Clerk
Date: 0{o-18-9']
(CORPORATE SEAL)
ATTEST:
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*COUNTY-ATTORNEY*
TEL: 305-292-~.51.~._.___
Jun 03,97
14:25 No.005 P.ll
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. GENERAL LIADILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
Dle'IWEEN
MONROE COUNTY, FLORH>A
AND
Prior to the commcncemcnf or work governed by this. contrnct, the C~ntrnc(or shall obtnin
Gelle'll Liability"nsurane.. Coverage shall b. moill'ailled lhrouShout lh.liCo oflh. COlllracl and
include, as a minimum:
.
Premises Operations
Products and Cornplcced Operations
n1ankct Contractual Liability
Personal Injury Liabilit}'
Expanded Definition 01 ProllCrty Damage
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The minimum limits acceptable shall be:
$300,000 Combincd Single Limit (CSJ..)
Ifsplit limits arc providcdt the minimum limits acceptable shall be;
$100,000 per Person
$300,000 per OCcurrence
$ 50,QOO Property Damage
An Occurronee Fonn policy is preCerred. IC coverage is proVided on a Claims Made policy, iI,
provisions sl,ould inelude cove'lge fur claims filed on or aner lh. elThctivc dalo oflhb COlllract.' '
In Rddi"on. Ih. period for w/deh claims may be reported should c'lend for a minimum o(twelve
(12) months fOllowing the acccptnnce orwork by the County.
The Monroe County Board OCCounly Commissioners shalf be named .s Addiliona/lnsured on .11
policies issued to satisfy the above requirements.
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