11/21/1995
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KEY WEST INTERNATIONAL AIRPORT THE AIRLINE LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political subdivision
of the State of Florida, whose address is 5100 College Road, Stock Island, Key West, Florida
33040, (County), and COMAIR, INC., corporation authorized to do business in the State of
Florida, whose address is Greater Cincinnati International Airport, Post Office Box 75021,
Cincinnati, Ohio 45275 (the Airline).
The County owns and operates Key West International Airport (KWIA). The Airline is in
the service business of transporting persons and property by air. The Airline desires to provide
that service to KWIA and the County desires to provide the Airline the opportunity to do so.
Therefore, the County and the Airline agree as follows:
1. The Airline must provide regularly scheduled service to KWIA of not less than 14
departure flights per week subject to the following restriction:
a) Run-ups before 7 AM must be performed on the ramp.
2. The County leases to the Airline the office space, counter space, baggage area
and storage space shown on Exhibit A. hereafter the premises. Exhibit A is attached and made
a part of this Agreement.
The Airline acknowledges that the County is in the process of reconstructing and
renovating the terminal building at KWIA. Therefore the County reserves the right to relocate
the Airline to premises other than that depicted in Exhibit A if necessary to facilitate the
reconstruction and renovation. The relocation site(s) will be prepared by the County and must
be adequate to allow the Airline to continue normal operations. The cost of the relocation of
equipment must be borne by the Airline. Any site improvements beyond those furnished by the
County are at the Airline's expense.
3. The Airline may use, in common with others, the space and facilities designated
by the County at KWIA, for:
a) the taxiing, taking off, and landing of aircraft:
b) the loading, unloading, and servicing of aircraft;
c) the provision of apron equipment. loading gates, and lighting for loading
ramps.
The Airline may also use the space and facilities in the KWIA terminal building held
open for common use for any purpose necessary for the provision of commercial airline
service.
The Airline's use of the common areas described in this paragraph is subject to the
reasonable rules and regulations of the County. If there is a scheduling conflict between the
Airline and another user of the common areas, the conflict must be decided by the County's
airport manager.
The County must provide adequate reserved parking space at KWIA for the use of the
Airline's employees. The location must be designated by the County and must be reasonably
convenient for the employees but may not be an area where the employee parking will
interfere with the day to day operation at KWIA.
The County may not charge the Airline for the public areas or employee parking that
are described in this paragraph.
4. The Airline's employees, agents, contractors, passengers, guests and suppliers
have the right of ingress and egress to and from the premises and the common areas
described in paragraph 3 subject to: the charge for parking in the area reserved for public
parking, the KWIA ground transportation resolution, and the KWIA parking ordinance.
2
5. Smoking is prohibited in the KWIA terminal building except for the restaurant and
lounge. The Airline must prevent its employees from smoking on the premises and must use its
best efforts to prevent its invitees from smoking.
6. a) The County may determine that the Airline is under utilizing the premises if
the Airline's departures from KWIA regularly fall below 14 per week. The County may make a
determination of under utilization only if there is a present demand for all or a portion of the
Airline's premises by another airline that is willing and able to provide departures from KWIA in
excess of 14 per week. The County may not make a determination of under utilization if the
reduction of departures below 14 per week is because of a strike, lock-out. or safety
considerations, until the reduction based on any of those reasons has continued for 4 weeks or
more. The County may not make a determination of under utilization if the reduction of
departures below 14 per week is the result of the order of a court or state or federal agency
until the reduction has continued for 4 weeks and only then if any reduction or termination of
the Airline I s leasehold are not in conflict with the order.
b) If the County determines that the Airline is under utilizing the premises, it may:
i) Reduce the size of the premises leased to the Airline and lease the
resulting excess area to another airline. The Airline is then obligated to pay a rent reduced in
proportion to the area lost.
H) Terminate this agreement under subparagraph 24(e) and lease the
resulting vacant premises to another airline or airlines.
7. The term of this Agreement is two years running from March 1, 1995 through
February 28. 1997.
8. The Airline must pay rent on a monthly basis, due on the first of each month, for
the use of the office space, ticket counter, covered baggage, make up and belt, storage
area, as depicted in Exhibit A. Rent will be adjusted in the second year by the amount
3
recommended in an approved rates and charges study or a percent equal to the increase in
the CPI since March 1, 1995. Each month's rent is the total of the following sums:
a) 425 square feet of ticket counter space, passenger screening and
seating at $19.19 per square foot for the year.
b) 412 square feet of office space, at $13.70 per square foot for the year.
c) 251 square feet of covered baggage makeup space. at $10.96 per
square foot for the year.
d) ~ square feet of baggage belt area at $13.70 per square foot for the
year.
e) 30 square feet of parts storage area at $10.96 per square foot for the
year.
9. In addition to the rent due under paragraph 7. the Airline must pay the County
the following charges:
a) Utilities fee of $3,875.00 for the year due in 12 equal installments, due on
the first of each month, and payable in advance.
b) Trash collection fee of $1,800.00 for the year due in 12 equal installments,
due on the first of each month.
c) An 80%/20% split amount for the use of the public areas as detailed in
Exhibit B which is attached and made a part of this Agreement.
10. a) The Airline must also pay to the County a landing fee of $.65 (65 cents)
per 1,000 pounds of approved maximum gross landing weight. In the case of aircraft weighing
less than 12,500 pounds the Airline must pay a minimum landing fee of $8.13. For the purposes
of this Agreement, maximum gross landing weight means the maximum gross landing weight
approved by the Federal Aviation Administration for the type of aircraft landing at KWIA. By
the 10th of each month the Airline must truthfully and accurately report to the County the
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number of flight arrivals, the type of aircraft arriving, and their maximum gross weight, and the
number of passengers enplaning and deplaning for the previous month. Based on those
reports, the County will calculate and bill the amount owed by the Airline for that month. The
Airline must then pay the County within 30 days of the Airline's receipt of the bill. The County
airport director or his designee must be allowed to inspect the Airline's records concerning the
flight arrival information described in this paragraph to make sure that the landing fee
payments made, accurately reflect the number of flights and aircraft type arriving at KWIA.
The inspection(s) may only be made during regular business hours (9AM - 5PM, Monday through
Friday, excluding holidays).
b) The County reserves the right to increase the landing fees effective
October 1, 1995, by either of the following amounts:
i) The amount recommended in a rates and charges study prepared
by professional airport consultants: or
ii) A percentage equal to the percentage increase in consumer price index
since March 1, 1995.
11. All payments owed by the Airline to the County that remain unpaid for more
than 30 days will begin to accrue interest at the rate of 8% per annum calculated from the
original due date until the date the County actually receives the money. [The interest rate is
the one established by the Comptroller of the State of Florida for 1995 under Sec. 55.03, Fla.
Stat.] The right of the County to claim interest - and the obligation of the Airline to pay it - are
in addition to and not in lieu of any other. rights and remedies the County has under this
Agreement or that are provided by law.
12. The Airline must deliver a security deposit or letter of credit, in the amount of
$2,500, to the County Clerk. If the Airline is more than 30 days late in making any payment
owed the County under this Agreement, the County may deduct the amount owed from the
5
deposit or direct that payment of the amount owed be made by the issuer of the letter of
credit. If the $2,500 is insufficient to cover the amount owed, the Airline is not discharged from
its obligation to pay the excess because the County received partial payment from the
deposit or from the issuer of the letter of credit. Within five business days of the County's
deduction from the deposit or of the County's receipt of payment from the issuer of the letter
of credit, the Airline must put back on deposit the amount deducted or have the letter of
credit increased by the amount drawn down. Upon the expiration of this Agreement. the
County may also deduct from the deposit. or direct that payment be made to the County by
the issuer of the letter of credit. the amount needed to repair damage to the premises, in
excess of normal wear and tear, caused by the Airline during the term of this Agreement. If
the $2,500 is insufficient to cover damage in excess of the amount. the Airline remains liable to
the County for that excess. The County is not obligated to obtain payment for late rents or
fees from the security deposit or the issuer of the letter of credit. In the event of overdue rent or
fees, the County may, in its discretion, proceed according to subparagraph 24(a).
A security deposit already in the custody of the County Clerk under a prior
County / Airline agreement may be used to satisfy the requirement of this paragraph. A letter
of credit already on file with County Clerk under a prior County/Airline agreement may be
used to satisfy the requirement of this paragraph but only if: the letter of credit will not expire
during the term of this Agreement: and, the letter provides that the issuer will pay to the County
the amount requested up to $2,500, if the Airline is over 30 days in arrears or has caused
damage to the premises in excess of normal wear and tear.
13. Nothing in this Agreement prevents the County from imposing a passenger
facilities charge or fee when authorized by Federal law or FAA regulation.
6
14. The Airline must pay all taxes and assessments, including any sales or use tax,
levied by any govemment agency with respect to the Airline's operations under this
Agreement.
15. aJ Before occupying the premises the Airline must obtain insurance in the
amounts and according to the conditions described in Exhibit C. Exhibit C is attached and
made a part of this Agreement. The insurance requirements of Exhibit C are also prerequisite
for the initiation and continuation of flight service to KWIA on, and after, March 1, 1995.
bJ The Airline must keep in full force and effect the insurance described in
Exhibit C during the term of this Agreement. If the insurance policies originally purchased
which meet the requirements of Exhibit C are canceled, terminated or reduced in coverage,
then the Airline must immediately substitute complying policies so that no gap in coverage
occurs.
cJ The insurance required of the Airline in this paragraph is for the
protection of the County, its property and employees, and the general public. The insurance
requirement is not. however, for the protection of any specific member of the general public
who might be injured because of an act or omission of the Airline. The insurance requirements
of this paragraph do not make any specific injured member of the general public a third party
beneficiary under this Agreement. Therefore, any failure by the County to enforce this
paragraph, or ban the Airline from KWIA if the Airline becomes uninsured or underinsured, is
not the breach of any duty or obligation owed to any specific member of the general public
and cannot form the basis of any County liability to a specific member of the general public or
his/her dependents, or estate or heirs.
16. aJ The County must keep KWIA runway, taxiway, loading areas, and the area
immediately adjacent to the runway, taxiway and loading areas, in good repair and clear of
obstructions and debris. The County must maintain and operate KWIA according to the
7
highest standards or ratings issued by the FAA for airports similar in size and character to KWIA.
The County must also comply with the rules and regulations of any other government agency
that has, or may have, jurisdiction over KWIA.
bj The County must provide adequate lighting for the common departure
areas, the vehicle parking spaces, and loading ramps. The County must provide adequate
field lighting for KWIA including landing lights and beacons.
cj The County must. at all times, keep the common departure area, the
public and passenger space, and vehicle parking spaces and the landing field, clean, neat.
orderly and presentable.
17. aj The Airline must keep the premises in good order and condition. The Airline
must promptly repair damage to the premises. At the end of the term of this Agreement the
Airline must surrender the premises to the County in the same good order and condition as the
premises were on the commencement of the term, normal wear and tear excepted. The
Airline must also keep the premises plumbing and electrical fixtures in good repair.
bj If during the term of this Agreement the Airline fails to keep the premises
and fixtures in the good repair required under this paragraph, the County may, after
providing the Airline with a written warning and a ten day opportunity to correct the
deficiency, enter the premises and do whatever repair work the County's airport director
deems appropriate. The cost of the work plus 25% must be added to the Airline's rent for the
following month.
18. The Airline may not clean or maintain aircraft on KWIA ramps or the runway
without the approval of the County's airport manager.
19. aj The Airline must comply with all ordinances and resolutions of the County -
whether in effect on March 1. 1995, or adopted later - that affect its flight operations or its use
of KWIA facilities. The Airline must also comply with all laws, statutes, regulations and rules of
8
the federal or state governments, and any plans or programs developed by or funded by
either government. that affect the Airline's flight operations or its use of the KWIA facilities. The
Airline's obligation to obey federal and state laws, statutes, regulations and rules, any federal
or state airport plan or airport program criteria or the criteria of a plan or program funded by
the state or federal government. includes not only those in effect on March 1. 1995, but those
adopted after that date.
b) The Airline must pay any penalty, assessment or fine of the federal or
state government imposed on the County that arises out of, or is attributable to, the Airline's
operations at KWIA. The Airline must also defend in the name of the County any claim,
assessment or civil action that is initiated by the federal or state government against the
County that is based in whole or in part on a claim that any aspect of the Airline's operations
at KWIA violated a law, statute, rule, regulation, or program or project criteria.
20. The Airline is liable for and must fully defend. release, discharge, indemnify and
hold harmless the County, the members of the County Commission, County officers and
employees, and County agents and contractors. from and against any and all claims,
demands, causes of action, losses, costs and expenses of whatever type - including
investigation and witness costs and expenses and attorneys' fees and costs - that arise out of or
are attributable to the Airline's operations at KWIA excluding those claims, demands,
damages, liabilities, actions, causes of action, losses. costs and expenses that are the result of
the sole negligence of the County. The Airline's purchase of the insurance required in
paragraph 15 and Exhibit C does not release or vitiate its obligations under this paragraph.
21. The Airline for itself, its personal representatives, successors in interest. and
assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) 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 in the use of commercial
9
flights serving KWIA. (2) that in the provision of such services, 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 Airline shall provide such services 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 2L
Nondiscrimination in Federally-assisted 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 nondiscrimination covenants, the
County shall have the right to terminate this agreement as if said agreement had never been
made or issued. The provision shall not be effective until the procedures of Title 49, Code of
Federal Regulations, Part 21 are followed and completed including exercise or expiration of
appeal rights.
22. The rights and privileges granted to the Airline under this Agreement are
nonexclusive and the County reserves the right to grant similar rights and privileges to airlines.
23. If funds are not provided by the United States for the operation of the KWIA
control tower, navigation aids or other facilities that are needed by the Airline for service to
KWIA. the County is under no obligation to provide those facilities or services.
24. a) The County may treat the Airline in default and terminate this Agreement if
the Airline fails to timely submit the reports or payments required of it under paragraphs 8 , 9,
and 10. Before the County may terminate this Agreement under this subparagraph, the
County must give the Airline written notice of the default stating that, if the default is not cured
within 10 days of the Airline's receipt of the written notice, then the County will terminate this
Agreement. Termination under this subparagraph does not relieve the Airline from any
obligation to pay the County whatever other damages the County suffered because of the
Airline's default.
10
b) The County may treat the Airline in default and terminate this Agreement
if the Airline. before occupying the premises and starting commercial airline service at KWIA.
does not have the insurance required by paragraph 15 and Exhibit C. Before the County may
terminate the Agreement under this subparagraph. the County must give the Airline a written
notice of the default stating that. if the required insurance is not obtained within 10 days of the
Airline's receipt of the notice. then the County will terminate this Agreement.
c) The County may treat the Airline in default and terminate this Agreement
if the Airline. after starting commercial airline service at KWIA. fails to keep in full force and
effect the insurance required by paragraph 15 and Exhibit C. Before treating the Airline in
default and terminating the Agreement under this subparagraph. the County need only
provide the Airline 24 hour notice by FAX or overnight courier. The County may, but need not.
provide the Airline with an opportunity to cure the default.
d) The termination of this Agreement under subparagraphs 17(a)-(c) does
not relieve the Airline from an obligation to pay whatever damage the County suffered
because of the Airline's default.
e) The County may also treat the Airline in default and terminate this
Agreement if the Airline fails to comply with its other obligations under this Agreement (the
obligations besides the payment of rents and fees when due and the purchase of insurance
and keeping it in effect.) Before the County may terminate the Agreement under this
subparagraph, the County must give the Airline a written notice of the default stating that, if
the default is not cured within 10 days of the Airline's receipt of the written notice, then the
County will terminate this Agreement. Termination under this subparagraph does not relieve
the Airline from an obligation to pay the County whatever damages the County suffered
because of the Airline's default.
11
f) Despite the Airline timely cure of its acts of default. if the Airline frequently
defaults in performing its obligations under this agreement. the County may , in its discretion,
determine that the Airline is a habitual violator. When the County makes that determination, it
must notify the Airline in writing. The notice must explain why the Airline was determined to be
a habitual violator and that any future act of default will be noncurable and the basis for the
immediate termination of this Agreement. If a subsequent default occurs, the County may
terminate this Agreement by giving the Airline 10 days written notice. The Airline must pay the
County whatever rent and fees are due as of the date of termination. The Airline will then have
no further rights under this Agreement. Termination under this subparagraph does not relieve
the Airline from an obligation to pay the County any damage suffered because of the Airline's
final act of default.
25. If this Agreement is terminated by the County because of the default of the
Airline, the County has a lien upon the personal property of the Airline at KWIA to secure the
payment of any rent or fees unpaid at the time of default.
26. The Airline may terminate this Agreement - if it is not in default in paying the rents
and fees owed to the County - by giving the County 10 days written notice, upon the
occurrence of any of the following events:
a) The failure of the United States to fund, or provide for, the control tower
or other navigation aids necessary for the Airline's operation for a period of at least 90 days.
b) The issuance by any court of competent jurisdiction of an injunction in
any way preventing or restraining the use of KWIA, or any part of KWIA, for a period of at least
90 days.
c) The lawful assumption by the United States of the operation, control or
use of KWIA, or any part of KWIA, in a way that prevents the Airline from operating its
commercial service for a period of at least 90 days.
12
d) The inability of the Airline to use KWIA for at least 90 days because of fire,
explosion, earthquake. hurricane, other casualty, or acts of God or the public enemy.
e) The FAA's failure to grant the Airline the Iicense(s) necessary to operate its
service.
f) A dispute between the County and another governmental agency or
between other governmental agencies that make it difficult or impossible for KWIA to be
operated safely for a period of at least 90 days.
The grounds for the Airline's termination of this Agreement as stated in subparagraphs 26(a) - (f)
create no basis for any County liability to the Airline and cannot serve to create any obligation
on the part of the County to pay money to the Airline.
27. The Airline may terminate this Agreement and treat the County in default if the
County fails to perform its obligations under this Agreement and the failure is not due to the
reasons described in subparagraph 26(a) - (f). Before the Airline may terminate the Agreement
under this paragraph, the Airline must give the County a written notice of the default stating
that, if the default is not cured within 10 days of the Airline's written notice, then the Airline will
terminate this Agreement. Termination under this paragraph does not relieve the County from
an obligation to pay the Airline whatever damages the Airline suffered because of the
County's default.
28. The waiver by the Airline or the County of an act or omission that constitutes a
default of an obligation under this Agreement does not waive another default of that or any
other obligation.
29. The Airline may not assign this Agreement or assign or subcontract any of its
obligations under this Agreement without the approval of the County's Board of County
Commissioners.
13
30. All the obligations of this Agreement will extend to and bind the legal
representatives, successors and assigns of the Airline and the County.
31. This Agreement is subordinate to the laws and regulations of the United States,
the State of Florida, and the County, whether in effect on March 1, 1995, or adopted after that
date.
This Agreement is also subordinate to the provisions of any existing or future agreements
between the United States and the County with regard to the operation, reconstruction and
maintenance of KWIA. This Agreement is also subordinate to the right of the United States to
take over KWIA during a national or local emergency or time of war. This Agreement is also
subordinate to the terms and conditions of the instruments and documents that transferred
KWIA to the County from the United States.
Any condition or obligation of this Agreement that is in conflict with the items listed in
this paragraph is superseded to the extent of the conflict. The rest of this Agreement will remain
in effect so long as:
a) The Airline can provide the commercial airline service described in this
Agreement;
b) The County can receive the rent and fees described in this Agreement.
If neither of these is possible, this Agreement will no longer have any further force and effect
except for any obligation to pay money accruing before the date the Agreement ceased to
be effective, regardless of whether the amount owed is liquidated as of the date of
termination.
32. During the term of this Agreement. the Airline, must have and maintain a
registered agent as required by Chap. 607, Fla. Stat.. and keep the County informed of the
agent's name, title and address.
14
33. This Agreement is governed by the laws of the State of Florida and the United
States. Venue for any dispute arising under this Agreement must be in Monroe County, Florida.
In the event of any litigation, the prevailing party is entitled to a reasonable attorney's fee and
costs.
34. This Agreement has been carefully reviewed by the Airline and the County.
Therefore, this Agreement is not to be construed against any party on the basis of authorship.
35. Notices to the County provided for in this Agreement. unless otherwise specified,
must be sent by certified mail to:
Airport Business Coordinator
Airport Business Office
5100 College Road
Stock Island
Key West. FL 33040
Notices to the Airline provided for in this Agreement. unless otherwise specified, must be sent by
certified mail to:
'I. -p, cusr~ SfR\J ICES
FIi~l9t OperatiOn!
COMAIR,INC.
Greater Cincinnati International Airport
Post Office Box 75021
Cincinnati. Ohio 45275
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36. This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be modified or
replaced except by another written and signed agreement.
37. This Agreement will take effect on March 1. 1995.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its duly
authorized representative.
BY~C. ~~~
Deputy Clerk ' ""~I..qS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(l~-F~
By c::) I
Mayor hairman
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
15
ATTEST:
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EXHIBIT 'B'
Shared use of the non-exclusive passenger holdroom and baggage claim areas
with other airlines; rent to be based on the usual 20%/80% industry formula for
joint-use premises. 20% allocated equally among all users, 80% allocated pro-
rata per enplanement.
, ,
EXAMPLE
Billing amount for Airline 'B' and 'C', both having 2~A> of enplanements for month
NON - EXCLUSIVE RENTAL SPACE (20%/80%)
Enplanements - 'month' 19,914 %
Airline 'A' 543 0.03
Airline 'B' 4,324 0.22
Airline 'C' 4,308 0.22
Airline '0' 7,483 0.37
Airline 'E' 1,300 0.06
Airline 'F' 1,956 0.10
Hold area Sq.Ft. Per Sq. Ft. Cost/Mo.
------------------ 1102 18.54 1,702.59
20% Use /6 Airlines . 56.75
80% Use x % Enplanements 299.66
Baggage Claim Area Sq. Ft. Per Sq. Ft. Cost/Mo.
------------------ 760 18.54 1,174.20
20% Use /6 Airlines 39.14
80% Use x % Enplanements 206.66
EXHIBIT 'e'
, \
^pril 22. 1')').1
Is! l'rilllin~
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AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
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CONTRACT
IJET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the Vendor is engaged in providing commcrcial air transportation and delivery
service to and from air facilities owned. operated. or maintained by the County, the Vcndor shall
purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability Insurance
which will respond to bodily injury and property damages resulting from any claim arising out of
the air transportation services governed by this contract. .
The covered operations section ofthe policy must specifically state that the Vendor is engaged in
\ business of a commercial airline.
The Monroe County Board of County Commissioners must be named as Additional Insured.
4'
The minimum limits ofIiability shall be ~50million per occurrence, for both types of coverages.
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AdminiAtnlivc Instruction .
'''709.1
AIR)
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^pril 22. 1'.1').1
I sI I'rillling
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GENERAL LIABILITY
INSURANCE REQUlltEMENTS
FOR
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CONTRACT
IJETIVEEN
MONROE COUNTY, FLORIDA
AND
'.
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shaH be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Ponn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective 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 Ooard of County Commissioners shall be named as Additional Insured on all
policies issued to satisty the above requirements.
GL3
'. :':'Mminiiltralivc Imtnection
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',!",f;~f:"" '4709.1
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April 22. 199]
Isll'rinling
r
. VEHICLE LIADILITY
INSURANCE REQUfI~EMENTS
FOR
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CONTRACf
IJET\VEEN
MONROE COUNTY, FLOIUf>A
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the Jife of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
~
'-
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all .
policies issued to sa~isfy the above requirements.
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WORKERS' COMPENSATION
INSURANCE H.EQUIREMENTS
FOR
~
CONTRACT
8ElWEEN
MONROE COUNTY, FLORU>A
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
\ Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-VI, as
assigned by tile A.M. Best Company.
- Iflhe Contractor has been approved by the Florida's Department of Labor. as an aulhori7.ed self-
.... insurer. the County shall recognize and honor the Contractor's slatus. TIle Contraclor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund. a Certificate of J nsurance will be required.
In addition, the Conlractor may be required to submit updated financial stalements from the fund
upon request from the County.
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Mlllinistrll,ivc Jmtruc:tion
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Acordia / Rauh
D^TE
ISSUE DATE (MM/DD/YY
6/12/95
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
OXiERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
b~~ NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW
Cincinnati
OH
45275-0
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A
COMPANY
LETTER B .By
COMPANY
LETTER C
COMPANY W~IVER: N/A V YES
LETTER D USAIG
COMPANY
LETTER E
1014 Vine St., Sui~IT~~&
Cincinnati. OH 45202-1195
INSURED
Comai r, Inc.
Attn: Mr. James Dublikar
P.O. Box 75021
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEL~~ EI~E INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OFRABJ omNDTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE t.IAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORmlDIlBI'1E!iKlESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYRBIUEEBEBM PAID CLAIMS.
POll CY EXP.
DATE (MM/DD/YY DATE (MM/DD/YY
TYPE OF INSURANCE
POLICY NUMBER
LIMITS
GENERAL LIABILITY
COMM. GENERAL LIABILITY
CLAIMS MADE c:=JOCC.
OWNER'S & CONTRACT'S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE L1ABI LI TY
GENERAL AGGREGATE
PROD-COMP/OP AGG.
PERS. & ADV. INJUR
EACH OCCURRENCE
FIRE DAMAGE(One Fi e)
MED. EXP. (One Per
COMBINED SINGLE
LIMIT
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
PROPERTY DAMAGE
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
o
1/01/96
WORKERS' COMPENSATION
AND
EMPLOYER'S LIABILITY
711602190001
1/01/95
X STATUTORY LIMI
EACH ACCIDENT
DISEASE-POLICY LIM T
DISEASE-EACH EMP.
1000000
1000000
1000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
MONROE COUNTY
KEY WEST INT'L AIRPORT
5100 COLLEGE RD.
STOCK ISLAND.KEY WEST,FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF KI 0 UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED R
cc... : (~I t:&
..
AleaAnder & Alexander Inc.
One Piedmont Center
3565 ~iedmont Road. N.E.
Atlanta. Georgia 30363
Telephone 404-261-3400
Fax 404-264-3002
Cohtact: Sue Nichols
CERTIFICATE NO. 100
AIRLINE LIABILITY INSURANCE
AI~xander
&Alexander
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
THIS CERTIFICA TE IS ISSUED AS A MA TTER OF INFORMA TION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICA TE
HOLDER. THIS CERTlFICA TE DOES NOT AMEND. EXTEND OR AL TER THE CO VERAGE AFFORDED BY THE POLICIES BELOW.
R . d
. CCCIVC ~A TE OF ISSUE:
Risk Mgmt. & Loss Contra March 13, 1995
om -VoUr
INITIAL
. County of Monroe
Risk Management Office
Wing II, Room 207 P.S.B.
51 00 College Road
Key West, Florida 33040
that Insurers, EACH FOR HIS OWN PART AND NOT ONE FOR THE OTHER, ARE providing the following insurance:
GEOGRAPHICAL LIMITS:
Worldwide
APPROVED BY RISK MANAGEMENT
nv ~LArJ dO'
,.. -///.J'~~A
DATE <3 - ,;? /- ~
.
WAIVER: N/A /YES
t:)~ 1(;
CI..A!'~
NAMED INSURED:
COMAIR, Inc.
Greater Cincinnati International Airport
P. O. Box 75021
Cincinnati, OH 45275
POLICY PERIOD:
COVERAGE:
Comprehensive Airline Liability
Comprehensive General Liability
Property Damage
Contractual Liability
Bodily Injury (Including Passengers)
LIMITS OF LIABILITY:
- '.
Combined Single Limit for Bodily Injury and/~r '~roperty Da~age Liability - $50,000,000 per occurrence.
""1'.";::.;,[.0".,;.;':1:,.;,:,,>,,,::.,..1'.,'.'
CONTRACT COVERED:
cc' 'IS'~m~
. P-
Each of the insurers individually; for its policy only, has authorized the undersigned
to issue this certificate on its behalf as a matter of convenience. The undersigned is
not an insurer and has no liability of any sort under the policies.
COMAIA. INC.
CERTIFICATE OF INSURANCE
Page 2
INSURANCE COMPANY
American Home Assurance Company
Assurance France Aviation
La Reunion Aerienne
Mutual Marine Office, Inc.
L10yds of London Companies
Aero Assurance Ltd.
CIGNA
POLICY NUMBER
NI322 7284-01
95-0282
95/20441
MMO-1 0088A V595
AM9530851
289-1-10005-00
ATA014160
CERTIFICATE NO. 100
AIRLINE LIABILITY INSURANCE
SPECIAL PROVISIONS APPLICABLE TO THE ADDRESSEE
Page 3
Subject to the policy terms, conditions, limitations, and exclusions, as respects the
Agreement between County of Monroe (Lessor) and COMAIR, Inc. (Lessee), the
policies set forth herein are amended to include the following:
Lessor is included as an additional insured as its respective interest may appear. This
does not provide coverage for the additional insured with respect to claims arising out
of their legal liability as manufacturers, suppliers, or servicing agents.
The Insurers agree that, in the event they cancel or materially change the policies,
they will give thirty (30) days advance written notice of such cancellation or material
change to County of Monroe.
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