Item E22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19,2008 Division: Airports
Bulk Item: Yes ~ No Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Reggie" Paros/6002
AGENDA ITEM WORDING: Approval of a lease agreement with Islands Flying Club, Inc. for
premises at the Florida Keys Marathon Airport on which to construct an enclosed hangar for the
storage of aircraft
ITEM BACKGROUND: The BOCC, at their December 19, 2007 meeting, approved for staff to
negotiate a lease with current airport tenants, Richard Ramsay and R. Daniel Zieg, the current members
of Islands Flying Club, Inc., for an undeveloped parcel of land at Florida Keys Marathon Airport on
which to construct an enclosed hangar of approximately 4,000 square feet for the storage of two (2)
aircraft. The attached lease agreement is the result of those negotiations. The initial term is for twenty
(20) years with an option to renew for one (1) additional ten (10) year term. The rent for the premises
of the initial year of this lease is $2,400 per year, with applicable sales tax.
PREVIOUS RELEVANT BOCC ACTION: See Item Background
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
ST AFF RECOMMEND A TIONS: Approval
TOT AL COST: N/ A BUDGETED: Yes No -
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -2L No AMT MONTH $200.00 Year $2.400 plus
tax
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENT A TION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
Revised 8/06
6060 I
(Name) ( Ex I. ) (Department)
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LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ISLANDS FLYING CLUB, INC.
THIS CONTRACT OF LEASE is made and entered into this _ day of
, 2008, by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereinafter referred
to as "COUNTY" and ISLANDS FLYING CLUB, INC., whose address is P.O. Box 500802,
Marathon, Florida, 33050, hereinafter referred to as "LESSEES".
WHEREAS, the COUNTY owns property known as the Florida Keys Marathon Airport,
located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and
WHEREAS, LESSEES desire to lease an undeveloped parcel of property on the Airport
for purposes of constructing an enclosed hangar; and
WHEREAS, the County is willing to lease property on the Airport for purposes of
constructing an enclosed hangar; now, therefore
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto
LESSEES and LESSEES do hereby lease from COUNTY, certain premises, rights and privileges
as follows, to wit:
1. Premises. The COUNTY does hereby lease to LESSEES, and LESSEES lease from
the COUNTY, an undeveloped parcel of land located at the Florida Keys Marathon Airport
approximately 5,400 square feet, hereafter the premises, as described in Exhibit "A" attached
hereto and incorporated herein.
LESSEES are authorized to construct a 4,000 (40ft x 100ft) square foot enclosed hangar
for the storage of 2 aircraft.
The hangar is to be built at the sole cost and expense of LESSEES.
Any improvements made by the LESSLES to the premises automatically become the
property of the County upon the termination of this lease.
2. Term. The term of the lease is for twenty (20) years beginning on the effective date
of this lease agreement with an option, at LESSEES discretion, to renew for one additional ten
year term under the same rate agreement in paragraph 3. Upon the termination of this lease,
either under this paragraph or as provided elsewhere in this lease, LESSEES must peacefully
surrender the premises and all structures to the County. Development of the parcel must begin
within 12 months of the effective date of this agreement. For purposes of this agreement,
development will be deemed to have commenced when LESSEES enter in to a signed agreement
with a general contractor for construction of the proposed hangar project. Unless extended in
writing, THIS LEASE TERMINATES 1 YEAR AFTER THE EFFECTIVE DATE OF THE
AGREEMENT IF DEVELOPMENT HAS NOT COMMENCED.
3. Rent. The rent for the premises for the initial year of this lease shall be $200.00 per
month or $2,400.00 per year, plus applicable sales tax, with the Ilwnthly rent due and payable
beginning on the first day of each month. All rental payments are due at the Airports Business
Office, 3491 S. Roosevelt Blvd., Key West, FL 33040.
Following the initial year of this lease, the annual rental sum will be adjusted each year
by a percent equal to the increase in the CPI for all urban consumers (CPI-U) above that of the
pnor year.
Following the initial 20 year term or at such time as the leasehold and/or the
improvements are assigned, sold llr otherwise transferred by Islands Flying Club, Inc., the
COUNTY shall have the improved property appraised for purposes of establishing the fair
market value of the property. Rent for the initial year of the renewal period shall be set at fair
market value as determined by the appraisal and will be adjusted each year thereafter by a
percent equal to the increase in the CPI for all urban consumers (CPI- C).
If at any time during the term of this lease, the leased premises are converted to a non-
aeronautical use, the COUNTY shall have the right to immediately enter on to the property for
purposes of obtaining an appraisal to determine fair market value and the rent for the premises
shall immediately be set at the new rate.
4. T ermina tion. This Agreement may be terminated at the discretion of the
COUNTY in the following circumstances:
a) LESSEES fail to pay the rent when due;
b) LESSEES fail to obtain the insurance required under this lease or allows
the required insurance coverage to lapse or fall below the minimum required;
c) LESSEES otherwise breaches the terms of this lease.
d) Cancellation is required to accommodate future Airport growth, or
e) Cancellation is required due to F.A.A. requirements.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default/breach under the terms of this agreement. In the
case of the default/breach occurrences described in subparagraphs 4(a), (b), or (c), the County's
Florida Keys Marathon Airport Manager shall first give the LESSEE a written notification
stating the default/breach. The LESSEE shall be notified that he has 10 days to correct the
default/breach. If the nature of the default/breach is such that it cannot be cured in 10 days, the
LESSEE shall inform the COUNTY in writing of the reason why the default/breach cannot be
cured in 10 days and shall provide a written plan showing how the default/breach will be cured
in a timely manner. If the LESSEE has not corrected the default/breach at the end of the 10 days
or if the LESSEE has provided a cure plan, which the LESSEE has failed to timely and diligently
execute, then the COUNTY may cancel the lease in its discretion. In the case of cancellation
occurring as described in subparagraphs 4(d) and (e), COUNTY shall provide LESSEE 90 days
notice. In the event of cancellation occurring as described in subparagraphs 4( d) and (e) the
COUNTY, at COUNTY expense, shall relocate the LESSEE's hangar to an alternate site in
accordance with Florida Keys Marathon Airport ALP. If an alternate site at the airport is not
available, the COUNTY will purchase the LESSI:-:E's lease hold at fair market appraisal value.
5. Leasehold Improvements and Use. LESSEES shall have the right to occupy the
premises as described in Exhibit "A".
6. Right of Ingress and Egress. I,ESSEES, their agents, employees, customers,
suppliers, and patrons shall have the right of ingress and egress to and from the leased premises,
which shall not be unreasonably restricted by COUNTY.
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7. Utilities. LESSEES ARE responsible for all telecommunications, electrical, sewer,
water and solid waste collection service for the premises.
8. Assienment. The premises leased hereunder may not be sublet prior to the
completion of the proposed building project. lhe premises leased hereunder along with the
improvements thereon and this lease may not be assigned without the written consent of the
COUNTY.
9. Maintenance of Premises. During the term of this lease, LESSEES are responsible
for all maintenance and repairs, including major repairs such as structural work and roof
replacement and replacement of the building if destroyed. All repairs and replacement must be of
the same or better quality as the original work and conform to all applicable building codes.
LESSEES shall be responsible for and shall properly maintain the leased premises, and upon the
termination of this lease, shall leave the premises in at least as good condition as at the time of
the commencement of this lease, normal use and occupancy excepted.
10. Riehts of County. The COUNTY shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to
construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be free
from any and all liability to the LESSEES for business damages occasioned during the making of
such repairs, alterations and additions, except those occasioned by the sole act of negligence of
the COUNTY, its employees or agents.
The COUNTY and its authorized officers, employees, agents, contractors, subcontractors
and other representatives shall have the right to enter upon the leased premises for the following
purposes:
a) to inspect the leased premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether Lessee has complied
and is complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing facility if owned by the County, structure if owned by the County, perimeter security
fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under
or across the leased premises, and to construct, maintain, repair, relocate, and remove such
facilities in the future as necessary to carry out the Master Plan of development of the Airport:
provided, however, that said work shall in no event unduly interfere with the operations of
LESSEES and, provided further, that the entire cost of such work, as a result of the exercise by
the COUI\ITY of its rights hereunder shall be borne by the COUNTY.
11. Riehts Reserved. Rights not specifically granted to LESSEES by this Agreement
are reserved to the COUNTY
12. Indemnification/Hold Harmless. Notwithstanding any minImum illsurance
requirements prescribed elsewhere in this agreement, LESSEES shall defend, indemnify and
hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless
from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses
(including, without limitation, costs of remediation and costs of additional security measures that
the Federal Aviation Administration, the Transportation Security Administration or any other
governmental agency requires by fl'aSUll of, nr in connectiuIl with a VIOlation of any federal law
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or regulation, attorneys' fees and costs, court costs, fines and penalties) that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of LESSEES or any of its employees, agents, contractors or
other invitees on the Airport during the term of this AGREEMENT, (B) the negligence or willful
misconduct of LESSEES or any of its employees, agents, contractors or other invitees, or (C)
LESSEES default in respect of any of the obligations that it undertakes under the terms of this
lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or
expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of
its employees, agents, contractors or invitees (other than LESSEES). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this section will survive the expiration of
the term of this lease or any earlier termination of this lease.
13. Insurance Requirements. Prior to the commencement of work governed by this
contract (including the pre-staging of personnel and material), LESSEES shall obtain, at their
own expense, insurance as specified.
LESSEES shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either
. Certificate ofInsurance or a Certified copy of the actual insurance policy.
The COUNTY, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of LESSEES insurance shall not be construed as
relieving LESSEES from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
In addition, the County will be named as an Additional Insured on all policies
covering County-owned property.
LESSEES will obtain or possess the following insurance coverage and will
provide Certificates of Insurance to County to verify such coverage.
a. All Risk Property Insurance Requirements: Prior to the Organization/Individual
taking posseSSIOn of the property governed by this lease/rental agreement, the
Organization/Individual shall obtain All Risk Property Insurance to full value of reconstruction
value (to include the perils of Flood and Wind) with limits no less than the Replacement Cost
Value of the property leased or rented. Coverage shall be maintained throughout the life of the
Lease/Rental Agreement and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
However, if any public funds are utilized towards the construction, Monroe County
Board of County Commissioners shall be named as Additional Insured and Loss Payee.
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b. Aircraft Liability Insurance ReQuirement: Recognizing that the work governed by
this contract involves the storage of aircraft, LESSEES will be required to purchase and
maintain, throughout the life of the contract, Aircraft Liability Insurance naming the Monroe
County Board of County Commissioners as Additional Insured. This insurance may be a normal
portion of the aircraft policy of the stored aircraft.
The minimum limits ofliability shall be $1 million.
LESSEES shall maintain the required insurance throughout the entire term of this lease
and any extensions which may be entered into. The COUNTY, at its sole option, has the right to
request a certified copy of any and all insurance policies required by this lease. Failure to
comply with this provision shall be considered a default and the COUNTY may terminate the
lease in accordance with Paragraph 11.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be
approved by Monroe County Risk Management.
c. Dama2e to uninsured improvements: In the event that any improvements made by
the LESSEES to the premises are damaged and/or destroyed, LESSEES, at their sole expense,
shall rebuild the improvements to their pre-loss state within two years of the date of the
occurrence of the event that destroyed or damaged the improvement. If the LESSEES fail to
restore the improvements to its pre-loss state or the improvements are damaged beyond repair,
LESSEES, at their sole expense, shall be responsi ble for demolition and restoration of the leased
property to its original condition. If the LESSEES fail to restore the improvements to their pre-
loss state within the allotted two year period, the County may, at its sole discretion, terminate the
lease effective upon the second anniversary of the date of occurrence of the event that destroyed
or damaged the improvement. LESSEE will be required to pay the full amount of the rent
throughout this period.
14. Books. Records and Documents. LESSEES shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and for
ll)Ur years following the termination of this Agreement.
15. Rules and Re2ulations
A. COMPLIANCE. LESSEES shall comply with the Minimum Standards for
Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service
Providers at Monroe County Airports and all ordinances of the COUNTY, including any
reasonable rules and regulations with respect to use of Airport property, as the same may be
amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the
federal, state and county governments, and any and all plans and programs developed in
compliance therewith, which may be applicable to its operations, including specifically, without
limiting the generality thereof, federal air and safety laws and regulations and federal, state, and
county environmental, hazardous waste and materials and natural resources laws, regulations and
permits.
B. VIOLATIONS. LESSEES agree to pay on behalf of the COUNTY any penalty,
assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any
claim, assessment, or civil action, which may be presented or initiated by any agency or office of
the federal, state, or county governments, based in whole or substantial part upon a claim or
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allegation that LESSEES, its agents, employees or invitees have violated any law, ordinance,
regulation, rule or directives described in l5(A) above.
16. Governinl! Law. Venue. Interpretation: This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable to contracts made and to
be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and LESSEES agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The COUNTY and LESSEES agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
17. Entire Al!reement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are no other agreements or understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
18. Severability. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and LESSEES agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the intent
of the stricken provision.
19. Attornev's Fees and Costs. The COUNTY and LESSEES agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
20. Bindinl! Effect. The terms, covenants, condi tions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and LESSEES and their respective legal
representatives, successors, and assigns.
21. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
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22. Claims for Federal or State Aid. LESSEES and COt Jl\TTY agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
23. Adiudication of Disputes or Disal!reements. COUNTY and LESSEES agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
24. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and LESSEES agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. COUNTY and
LESSEES specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
25. Nondiscrimination. COUNTY and LESSEES agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. LESSEES agree to comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC
ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section
504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101- 6 1 07) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 CPL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120 I Note), as
maybe amended from time to time. relating to nondiscrimination on the basis of disability; 10)
Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color,
sex, religion, disability, national ongIn, ancestry, sexual orientation, gender identity or
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
26. Covenant of No Interest. COt T:.JTY and LESSEES covenant that neither
presently has any interest, and shall not acquire any inkn:st, vvhich v\ould contl iet in any manner
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or degree with its performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
27. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
28. No SolicitationfPavment. The COUNTY and LESSEES warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the r ,ESSEES agrees that the COUNTY shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
29. Public Access. The COUNTY and LESSFES shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the COUNTY and LESSEES in conjunction with this Agreement; and the COU1\TTY shall
have the right to unilaterally cancel this Agreement upon violation of this provision by
LESSEES.
30. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 768.28,
Florida Statutes, the participation of the COUNTY and the LESSEES in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
31. Privilel!es and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
32. Lel!al Oblil!ations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
8
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
33. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
COUNTY and the LESSEES agree that neither the COUNTY nor the LESSEES or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
34. Attestations. LESSEES agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
35. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
36. Personal Property. Any personal property of LESSEES, their agents, assigns, or
invitees placed in the premises of the Airport shall be at the sole risk of the LESSEES or owners
thereof, and the COUNTY shall not be liable for any loss or damage.
37. Federal Subordination. This Agreement shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has been or may
be required as a condition precedent to the expenditure of federal funds for the development of
the Airport. All provisions of this AGREEMENT shall be subordinate to the right of the United
States of America.
38. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
39. Section Headinl!s. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
40. Cancellation of Agreement. COUNTY may cancel this lease agreement by giving
LESSEES sixty (60) days advanced written notice upon the happening of any of the following
events: the appointment of a receiver of LESSEES assets; the divesting of LESSEES leasehold
estate by other operation of law; the abandonment by LESSEES of the premises for a period of
sixty (60) days. By the end of the sixty (60) day notice period, LESSEES shall have vacated the
premises and the COUNTY may immediately re-enter and take possession of same. If it is
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necessary to employ the services of an attorney in order to enforce the COUNTY's rights under
this paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
41. Mutual Review. This agreement has been carefully reviewed by LESSEES and the
COUNTY, therefore this agreement is not to be construed against either party on the basis of
authorship.
42. FAA ReQuirements. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit "B", attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of
,2008.
(SEAL) BOARD OF COCNTY COMMISSIONERS
A TTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
ISLANDS FLYING CLUB, INC.
WITNESSES:
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10
PU BLIC ENTITY CRIME STATEMENT
PIA person or affiliate .who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the
convicted vendor list."
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I have read the above and state that neither _'~, 1:-./, (. . " , i ~/ I v ~ \._ L L); j,'C.
(Respondent's name) nor any Affiliate has been placed on thtlconvi~ted vendor list
within the last 36 months. "
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(Signature) i
Date: ), i " \
STATE Of0>, ~,,<,~~ "'--'-'_
COUNTY OF: ,~, -1/> i.. i b_.<
Subscribe andl'~om to (or affirmed) before me on /~>:L~L/2J' / ') .' j("'" (": r'
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(date) by /\'::":",, J. ('" :.' l'J~, faame of affiant), H~/She is
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personally known to me or has produced
(type of identification) as identification. - .-
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,c~?Y, ~U4:, THE!- .. +. \>.~ PUB THEADOAA RAMSA~19
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*irJjj,. =,,~,;;._' . ~~~....~.~;C' MY C:WMISS\ON ~ DD 6~1'
l.P '~-;.. -' .)' * ~. EXPIRES January B.Ssl'MS
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-1~-.r("- oF;, ',; Bondel TOru Bu~\ NJ\af'i
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11
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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-/ ,::>l" ,. I",' ! ~ti I ,;' (~~_A c '~'~( 'warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any fonner County officer or employee in violation of
Section 2 of Ordinance No, 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No.1 0-1990. For breach or "iolation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherWIse recover, the fu II amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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(signature) \,
Date: \ I
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STATE OF -, t (';' 2 ( 1"7~ /i'
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COUNTY OF //) _C ~L'!::...----L--~_
PE-R8-9NALL Y APPEAR~,?,BEFORE ME, the undersigned authority,
,~\~; /.> ~,( c:: /., r ' ' ~J who, afled;cs' be; ng sworn by m e,.affix~d, h; s/her
signature (name of individual signing) :-r; the space provided above on this. <~J day of
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NOTARY PljJH-IC / //.)
My commission expires: """::~:" THEAOORA~SAY
''".: ,;. 'W ( ',iI'S,'U;',:'!' 613419
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UMS - MCP FORM #4 'E",'
12
PROPOSEr HANGAR(S) LOCA -ION
RUNWAY 25 EXHIBIT A
FLORIDA KEYS MAR A THON AIRPORT
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AVIATION BLVD.
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NO. LA llTUDE LONGITUDE EL. (MSL)
1 N 24'43'49.589" W 081'02'34.756" 21 2
2 N 24'43'49.971" W 081'02'33.755" 21
3 N 24'43'49.223" W 081'02'34.588" 21
4 N 24'43'49.606" W 081'02'33.588" 21
HANGAR DEVELOPMENT SITE ELEVATION = 5.0 MSL -
1---
I
FUTURE RUNWAY 25
(300' DISPLACED THRESHOLD)
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J I GRAPHIC SCALE IN FEET
/ , FIGURE 1
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OEC ~ 3 1993 EXHIBIT B
AIRPORTS 10MB ru RBQUXltED LASE CI.at1SZl
1. This 1.a.e shall )). sUbject to review and ra-.valuation
at the end at each year period. by the airport
nwnAr and the rent may b. adj uatad accarc!1nq to their
acrtion, not.. ,,"..0 axc.ad the COn8UDar Price Index ra~
durinq the last _ . 1IIOnth paried, or:
Land 1... izpz-OV1I1UIni:a will b. IIppeai.ad aver)" 5 yaar.
and tha &dju8tecl rental will bit baaNl aft narmally 10-12
porc:sent of appraJ.aed value. It cl1Gputad, l..~
ob~ina appraiaal a~ h1a expana. and l".~/l.....
equally abAr. exp.n.. tor review appraiaal ~~
..t:.abliah.. fair ..rket valuo.
2. Tha tonant tar biJ.llA.l~, hi. perBonal rapra.cntat! va.,
IIUC.--ClIlSllora in inter\'m-t., and ca..iqna, .. . pArt of tis-
consideration hereo', Ila.. hereby covenant and GCJZ'..
that C 1) no parsen 011 th. '1&uwula or J:ace, 001=, = . .
national or1q1n sball !:HI axclud.d ,c&u. IMJ:tJ.cipat:icn
ln, denied the ban.r1a ot, or be otherwJ... au))jact:ecI
to discrimination 1n ~ U.. ot ..1d taailitJ..., (a)
that 1.rl the construct.101'l of any 1IIlprov81D8na on, ovU"
or under such land and the fum1Bh1nq ot .erv1c..
thereon" no par.on on the ;rouncla at Rea, color, or
national origin .ball be excludecl trail part1cip81:1on
in, denied the benetitll ot, or be otherw1.. wbjem:ad
to discrimination! (3) that the 1:anan~ .ball u.. t:h.
premises in campI anae with all ather raqu1rnanU
imposed by or pursuant to Title 41, COde of Federal
~8gulat1on., Department of ~anspartatianf SUbtitl. A,
atrice ot the Sacretary, Part 21, Noncl1scriJllinat1on in
. . Pederally-assisted proqrama of the Department ot
Tr~"RpnrtA~ion-!tf.ctuation ot Titl. VI at the Civil
Righ~. Act ot 19~4, ..nd aa .. id Raqulatian. _y be
amended.
That in ehe event: a~ brII.ch of any ot t.h. above
nondiacrimination aovanantlil, Airport: OVn.x' .taall have .
the right to tarminat:. t:ha 1.... and to n-.ni:e&- and ..
it said l8ase had n.v~ boan mado o~ iDauo4. Tbe
proviaion .hall not be .tf~ive until tho proa.dure.
ot T1tle 49, Cod. of Fed.r~ K~ulAtions, ~~ 21 aro
.tulluwl:n.l dml completed inclucUnq exet"Ci... or eucpirDt:ion
ot app.al r19hl~.
J. lC snall be a condition or tbl. l~~~~, UUI t. UJe 1 CUI a or
ra..rv.. unto itself, ita successors and assiqn., tor
the use ana ~netit ot the pUblic, A r19n~ at rlivht
for the passaqa of aircrate 1n the air8~ce a!3ove th.
surtaca gf the real property nereinatter described,
toyether with the r1ght to cause in said airspace suon
no se aa may be inherent in the operation ot aircrat~,
now known or bareattar used, tor navlqat10n ot or
t11qnt 1n tne said airspace, and for u.. ot laid
airspace tor landinq on, takinq ott trom or oparat1nq
on the airport.
That the Tenant axprassly aqrees ter itselt, lu
.uccessorw and a..igns. to r88trict the hai;ht ot
BtructurU, abject. at natural ;rovth And othar
obstructions on tha hereinafter d.e.cribed real property
1:0 AUah . hat.c;ht 80 .s t:a coaply with Federal Aviation
bCiJUlations, Part 77.
'l'hat th. %AI-.. -:e..sly acp:_ tor itaell:, it.
Duaaoa.ara and .... g'1'UI, ~o pr.van1; any u.. at the
har..in.t~ d..ar !bad real proporty which wauld
int~t.re vl~ ~ Adv~.ly affoct tho aparatian ~
_int:Bncana. a~ the airport, 01' ot.bcrwillc aonotitut:o an
airport hazard. .
4. Thi. loase anc1 all prcvilllon. hereot are .~j act anc:l . .
.u.bordlnate t.u Ul. Lerma and condition. ot. tho
instrwaenu and cSocwaant. undU" whlub Uw Airport. OWner
acquired the subject proptlrty ~roa tb. Un.LUsd 5t..&ta. or
AJl8r1c:a and Shall bA 7iven only neb etfect a. vLU not.
conrl1ct or be incon. .1:ent with tile termll and
con~1tiop. contained in the 1.... o~ Bald lands tram
th8 Airport OWner, and any aiatint) or subsequent
amendments thereto, and are .ubject to any ordinanc..,
rule. or requlaeiona which have been, or may hereatter
ba adopted ~th. Airport Owner pertaining to the
(T) A fI.A 1 'ncul art.
5. Hotwithstandinq anythin; herein contained that may ba,
., or appear to be, to the contrary, it ia axpr...ly
understood and. aqreed that the riQht. ljJrsntad under
this aVZ's8JDent are nonualu.ive anet the La..or herein
r..arv_ t:ha rJ qtlt ~ qrant: similar privilege. to .
.noth~r Less.. or other LAA~AAR nn nr.hAr parts ot the
airport. .
.
RECEIVED
DEe 23 1993
AIRPORTS/OMB