04/19/1995
LEASE AGREEMENT
THIS LEASE is made and entered into on the \ l1.\--h day of ~~ I I
, 1995, 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, ROBERT T. FELDMAN, 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, FloFiEtla,
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measuring 40 feet in width and 30 feet in depth, as shown on Exhib~~., {property ~)
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which is attached hereto and made a part hereof. ..!.. ;c
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TERM. The above-described premises are leased to the-Lessee fcfp te"g'
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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 80/100 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, 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 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 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 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.
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.
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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/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 Lessee 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, 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 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 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.
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
3
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 (3D) 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.
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 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.
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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
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Witness
b/ AIR/feldman.doc
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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jr Robert T. Feldman
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