Sublease 10/20/1994
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
FROM:
Ruth Ann Jantzen, Deputy Clerk 12~.
October 7, 1994
DATE:
------------------------------------------------------------------------------------------------------------------------
On October 20, 1994, the Board of County Commissioners granted approval and
authorized execution of a Sub-Lease Agreement between Charles Pierce, and David Rice
and Robert DeField, for hangar space at the Marathon Airport.
lease.
Enclosed for your handling, is a fully executed, duplicate original of the subject
Should you have any questions concerning the above, please do not hesitate to
contact me.
cc: County Attorney
Finance
County Administrator, w/o document
File
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SUBLEASE AGREEMENT
'94 ~Is7 g='ifBi!~ASE AGREEMENT is made and entered into at
Marathon, Monroe County, Florida, thisJ..:.Y day of .1<:: /;...1A.4.......-t-~
1994, 'byi:'and between CHARLES PIERCE, hereinafter referred to as
"Sublessor" and DAVID RICE and ROBERT DEFIELD, hereinafter referred
to as "Sublessees".
WIT N E SSE T H:
WHEREAS, the Sublessor currently has a lease with Monroe
County, Florida, the term of which extends through March 7, 1996
and is described as a parcel of land at the Marathon Airport, Key
Vaca, Monroe County, Florida, measuring 100 feet in width and 35
feet in depth, as shown on Exhibit A (property map) which is
attached hereto and made a part hereof;
WHEREAS, affixed to the above-described leasehold is a
hangar facility owned by the Sublessor and the West one-half of
said leasehold and hangar is currently being used by the
Sublessees;
WHEREAS, the Sublessees desire to continue their sublease
arrangement with the Sublessor, wherein they lease the West one-
half of said hangar.
NOW, THEREFORE, in consideration for the premises and
mutual promises and covenants hereinafter set forth, and for other
good and valuable consideration, the Sublessor and the Sublessees
agree as follows:
1. INTENT: The above-stated recitals are a true and
accurate statement of the intentions of the Sublessor and
1
Sublessees to bind themselves to this Sublease Agreement and are
incorporated by reference as part of this Agreement.
2. AGREEMENT TO SUBLEASE: Sublessor hereby subleases to
Sublessees, and Sublessees hereby sublease from Sublessor the
above-described real property situated on the Marathon Airport and
being described as follows:
A parcel of land at the Marathon Airport, Key Vaca,
Monroe County, Florida, measuring 100 feet in width and
35 feet in depth, together with that West Hangar facility
contained therein.
3.
TERM:
The term of this Sublease shall be for a
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.
2:;-
day of
, 1994 and
period commencing on the
extending through the 7th day of March, 1996.
4. RENT: Sublessees shall pay to Sublessor as rent for
the demised property monthly rent in the amount of $125.00. Said
monthly rental of $125.00 shall be paid on or before the 10th day
of each and every month to the Sublessor, whose address is
Hurricane Harbour, #1, 47th Street, Marathon, Florida 33050. Any
increase to Sublessor by Monroe County will be passed to
Sublessees.
5. CONDITION OF THE PREMISES: Sublessees acknowledge
that they have inspected their half of the hangar. They agree to
lease said premises in "as is" condition, thereby waiving any and
all claims and set-offs as to any defective condition presently
existing in their half of the demised premises.
6.
MAINTENANCE AND IMPROVEMENTS:
Sublessees, at all
times during the term of this Sublease, shall maintain their half
of the demised premises, including all plumbing and electrical
2
systems in their present state of condition. Any and all repairs
which may, from time to time, be required by the Sublessees in
order to maintain the property, shall be performed at Sublessees'
sole expense. Sublessees shall be permitted to make such leasehold
improvements as may be required, subject to approval of Monroe
County, in order to make the leasehold more sui table for the
Sublessees' use and enjoyment.
However, any and all such
improvements shall be made at the Sublessees' sole expense and
shall become the property of the Sublessor upon expiration of the
term of this Sublease.
7.
INSURANCE:
Sublessees agree to maintain public
liability insurance on the West one-half of the leasehold~'~3~
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amount sufficient to protect the Sublessor, A but not Ie s than
$100,000.00/$300,000.00.
8.
INDEMNIFICATION:
During the entire term of this
Sublease, the SUblesse~s w .~. emnify and save harmless the
....~.,,1J~ ~
SublessorXfrom any liab~ tY~ reason of their use of said hangar,
including any liability arising out of any accident incurred or
caused by their equipment, employees, invitees, guests, and
personnel.
9. RIGHT OF FIRST REFUSAL: The Sublessor grants to the
Sublessees as part of this Sublease Agreement, "~. elusive right
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of first refusal to purchaseAthe leased propertY~ ring the term of
the Sublease. Sublessees may only exercise their option if they
are not in default on the terms of the Sublease.
10.
OPTION TO RENEW SUBLEASE:
In the event that the
3
Sublessor is granted an extension of his lease with Monroe County,
the Sublessor grants to the Sublessees an exclusive option to
extend the term of their Sublease for the duration of the
Sublessor's lease with Monroe County.
11. COVENANTS OF SUBLESSEES: The Sublessees covenant
and agree with the Sublessor that the premises will be used for
legal purposes only. At the termination of this Sublease, should
the Sublessees elect not to exercise either of the above-noted
options, they will peacefully and quietly deliver possession of the
premises and all improvements situated thereon.
12. COVENANTS OF SUBLESSOR: The Sublessor covenants and
agrees with Sublessees that so long as the Sublessees keep and
perform all of the covenants and conditions of the Sublease to be
kept and performed, the Sublessees shall have quiet and undisturbed
and continued possession of the premises, free from any claims
against the Sublessor and all persons claiming under, by, or
through the Sublessor.
13. GOVERNING LAW: All of the rights and remedies of
the respective parties shall be governed by the provisions of this
instrument and by the laws of the State of Florida as such laws
relate to the respective rights and duties of landlords and
tenants. During the continuance of the Sublease, the Sublessor
shall have all rights and remedies which this Sublease and the laws
of the State of Florida assure to him.
14. ENTIRE AGREEMENT: This instrument contains the
entire agreement between the parties as of this date. The
4
execution hereof has not been induced by either party by
representations, promises, or understandings not expressed herein,
and there are no collateral agreements, stipulations, promises, or
undertakings whatsoever upon the respective parties in any way
touching the subject matter of this instrument which are not
expressly contained in this instrument. No modification, release,
discharge, or waiver of any provisions hereof shall be of any
force, effect, or value, unless in writing signed by the Sublessor
or his duly authorized agent or attorney. No waiver of a breach of
any of the covenants in this Sublease shall be construed to be a
waiver of any succeeding breach of the same covenant.
IN WITNESS WHEREOF, the Sublessor and the Sublessees have
hereunto set their hands and seals, the day and the year above-
written.
Signed, sealed and delivered
in the prese e 0
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CHARLES PIERCE, Sublessor
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MAAGAAETKAYBENNETT
My CommISsIOn CC274684
Expires Apr 06,1997
Bonded By ANB
800-852-5878
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Sublease Agreement between CHARLES PIERCE, Sublessor, and
DAVID RICE and ROBERT DEFIELD, Sublessees, is hereby approved by
the BOAP~ OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, this
22nd day of September, 1994.
By ,I/a/A;~~~
put C e
a1rman
(SEAL)
ATTEST: DANNY L. KOLP~~GE, CLERK
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AVEMCO INSURANCE COMPANY
411 Aviation Way
Frederick, MD 21701
CERTIFICATE OF INSURANCE
Date: OS/27/94
THIS CERTIFICATE IS ISSUED TO:
MARATHON AIRPORT
MONROE COUNTY
ATTN MR CHARLES
KNIGHTON
MARATHON, FL 33050
- -DESCRIPTIVE SCHEDULE --
POLICYHOLDER: DAVID PRICE
ROBERT E DEFIELD
133 MOCKINGBIRD LN
MARATHON, FL 33050
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DATE
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POLICY NUMBER:
431676-6
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POLICY PERIOD: From 6/18/94 To 6/18/95
(12:01 local time at policyholder's address)
INSURED AIRCRAFT: N7379Q 1972 CESSNA
COVERAGES AND LIMITS OF LIABILITY:
LIABILITY - Bodily Injury
( I N eluding. Occupants) and
Property Damage
182
AIRCRAFT DAMAGE (I N eluding In Flight)
$ 100,000 each person
$ 1,000,000 property damage
$ 1,000,000 each accident
S 45,000 Insured Value less
$ 500 not in motion deductible
The most current date shown in the top right corner is the
most current certificate for this insured property, and replaces
all certificates, if any, previously issued.
This Certificate of Insurance neither affirmatively nor negatively amends, extends or alters the coverage
afforded by the Policy. It is issued as a matter of information only and confers no rights upon the
certificate holder. It is further agreed that in the event of cancellation of this policy, the company will give
30 days prior written notice of cancellation to the certificate holder.
$
500
in motion deductible
Certificate Holder
v Policyholder
Regional Office
File
~IIJG 0 9 1994
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AVEMCO INSU~aCE COMPANY
DISTRIBUTION:
PKEIVED
AIRPORTS I OMB
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Authorized Representative
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A VEMCO INSURANCE COMPANY
411 Aviation Way
Frederick, MD 21701
RECEIVED
CERTIFICA TE OF INSURANCE
.JA~ 7 1994
AIRPORTS/OMS
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THIS CERTIFICATE IS ISSUED TO:
MARATHON AIRPORT
MONROE COUNTY
ATTN MR CHARLES
KNIGHTON
MARATHON, FL 33050
Date: 06/22/93
- -DESCRIPTIVE SCHEDULE --
POLICYHOLDER: DAVID P RICE ROBERT DEFIELD
133 MOCKINGBIRD LN
MARATHON, FL 33050
POLICY NUMBER:
431676-6
APPROVED BY RISK MANAGEMENT
BY V~?t.A -~
DATE ' / LI/ 'l '-I
WAIVER: MIA /' YES
POLICY PERIOD: From 6/18/93 To 6/18/94
(12:01 local time at policyholder's address)
INSURED AIRCRAFT: N7379Q 197 CESSNA 182
COVERAGES AND LIMITS OF L1ABILI
LIABILITY - Bodily Injury $ 100 , 000
( I N eluding Occupants) and
Property Damage $ 1,000,000
$ 1,000,000
each person
property damage
each accident
AIRCRAFT DAMAGE (I N eluding In FI ht)
$
43,000
500
Insured Value less
$
not in motion deductible
The most current date shown in the top riglt corner is the
most current certificate for this insured pro erty, and replaces $ 500 in motion deductible
all certificates, If any, previously Issued. .
This Certificate of Insurance neither affirma vely nor negatively amends, extends or alters the coverage
afforded by the Policy. It is issued as am' ter of information only and confers no rights upon the
certificate holder. It is further agreed that i the event of cancellation of this policy, the company will give
30 days prior written notice of cancella n to the certificate holder.
~
DISTRIBUTION:
Certificate Holder
Policyholder
Regional Office
File
A VEMCO INSURANCE COMPANY
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By
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Authorized Representative
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