Item D37
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Division: Airports
Bulk Item: Yes X
No
Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Reggie" Paros/289-6002
AGENDA ITEM WORDING:
Approval of Lease Agreement between Monroe County and Matthew Schulte and Robert DeField,
Tenants, for hangar space at the Florida Keys Marathon Airport
ITEM BACKGROUND: See attached memo.
PREVIOUS RELEVANT BOCC ACTION:
On October 15, 1997, Board approved lease agreement between Monroe County and Charles Pierce
and Bob Cayce for hangar space at the Marathon Airport. On April 8, 1998, Board approved
Assignment of Lease for hangar space at the Marathon Airport from Charles Pierce to Robert DeField.
On February 19, 2003, Board approved a Lease Renewal Agreement for an additional five year term,
ending on October 31,2007. On September 20,2006, Board approved a Consent to Assignment from
Robert Cayce to Matthew Schulte for the East Bay of Hangar One due to a change of ownership.
CONTRACT/AGREEMENT CHANGES: The term of the agreement has been extended in
exchange for the tenants to assume maintenance and insurance responsibilities for the leased property.
The lease is for a ten-year term, with the option to renew for three additional five-year terms.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes..x No
AMT MONTH $191.95 Year $2301.00
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
HOUSING AND COMMUNITY DEVELOPMENT
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggie" Paros, Director/Manager
9400 Overseas Highway, Suite 200
Marathon, FI. 33050
Telephone: (305) 289-6002/289-6060
Facsimile: (305) 289-6071
ADDITIONAL INFORMATION MEMO
TO:
Monroe County Board of County Commissioners
FROM:
James R. "Reggie" Paros, Director
Housing and Community Development
Florida Keys Marathon Airport Manager
SUBJECT:
Lease Agreement with Matthew Schulte and Robert DeField for hangar
space at the Florida Keys Marathon Airport
DATE:
December 5,2006
The original Lease Agreement for this hangar space was for a term of five years, beginning
October 1, 1997 and ending October 31, 2002, with an option to renew for three additional five year
terms by providing the County with written notice of their intent to do so thirty days or more in
advance of the term's expiration date; in the second ten years the rent would be charged at fair market
value, established after an appraisal of the premises and calculated pursuant to the then current rates
and charges study.
On October 31, 2002, a letter was received requesting to extend the lease for an additional five
year period. On February 19, 2003, the Board approved the Lease Renewal Agreement, which waived
the requirement to provide thirty day written notice and extended the agreement for an additional five
years, effective November 1,2002 and ending October 31,2007.
The attached Lease Agreement extends the term of the lease, in exchange for the tenants to
assume the maintenance and insurance responsibilities for the leased property. The lease is for a term
of ten years, with the option to renew the lease agreement for three additional five year terms by
providing the County with written notice of their intent to do so thirty days or more in advance of the
term's expiration date.
JRP/sd
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CO~TR.A.CT SID1MARY
Contract #
Contract with: Matthew Schulte and Effective Date: Upon Approval
Robert DeField
Ex pirati on Date: 1 0 year term with option to
renew for three additional five-year terms
Contract Purpose/Description: Nev.' lease agreement with \1atthe\v Schulte and Robert DeField
for a longer te11ll in excham!:e for tenants to assume maintenance and insurance responsibilities
for the leased property at the Marathon AirporT
Contract Manager: James "Reggie" Paros
(N ame)
6002,/6060
(Ext.)
Marathon Airport/Stop 15
(Department)
for BOCC meeting on December 20,2006 Agenda Deadline: December 50. 2006
CONTRACT COSTS
Total Dollar Value of Contract: $191.75 month! Current Year Portion: $191.75 per month
$2.301.00 YI" (Rev)
Budgeted? YesD No 0
Grant: $~
County Match: $~
Account Codes: -
-
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- - - -
~-~-~
- - - -
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- - -
.........------ - - ~ -
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
~:~l;2' Needed ~
Division Director ~r;f,. YesO No~ --.
Risk Manag~men~'f ~j -:W.(}C YesO NoB"
O.n:n./Pur~h}\~1g -$o{~ YesO No0 --+ ~~:57
County Attorney
YesO NolZJ Prepared by Pedro ?\.1ercado
Comments:
LEASE AGREEMENT
THIS LEASE AGREEMENT lS made and entered ioto this
_ day of
, 20_, by and betvv'eeo __'vlonroc County, a political subdivision of the
State of Florida, whose address is the Florida Keys ~1arathon Airp01i, 9400 Overseas Highway,
Marathon, FL 33040, hereinafter COL:-JTY, and ?vlatt Schulte and Robert Defield, whose
respective addresses are 205 W. Scavie\v Lane, Marathon, FL 33050 and 11425 Overseas Highway,
Marathon, FL 33050, hereinafter called TE\rAt\~TS.
\VHEREAS, COUNTY owns an airport known as the Florida Keys Marathon Airport,
located in Marathon, Monroe County, Florida, and
WHEREAS, TENANTS, currently lease certain property at the Florida Keys Marathon
Airport, and
WHEREAS, TENANTS current lease expires on October 31, 2007, and
WHEREAS, TENANTS are willing to assume maintenance and insurance responsibilities
for the leased property in exchange for entering in to a new lease with a longer term, and
WHEREAS, TENANTS desire to obtain certain rights, services and privileges m
connection with the use of the Airport facilities, and the COUNTY is willing to grant and lease the
same to TENANTS upon the terms and conditions hereinafter stated, 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
TENANTS, and TENANTS do hereby lease from the COUNTY, certain premises, facilities, rights,
and privileges in connection with and on the Airport, as follows, to wit:
WITNESSETH
Page 1 of 14
1) The parties mutually agree to cancel their October 15, 1997 Lease Agreement and
their February 19, 2003 Lease Renewal Agreement with neither party having any further duty,
obligation or liability to the other under the terms of that 1997 lease or its 2003 extensiol1. A copy
oftlle 1997 lease and the 2003 renc\val are attached to this lease as Exhibit A.
2) Thc COUNTY leases the property described in Exhibit B, hereafter the premises, to
the TENANTS for a term of Ten years, beginning on the _ day of
20_, and ending on the day of , 20 The TENANTS may
renew this lease agreement for three additional five year terms by providing the COUNTY with
written notice of their intent to do so thirty (30) days or more iIi advance of the term's expiration
date.
3) The rental payment for the premIses during the first year of this agreement is
$191.75 per month, plus the applicable sales tax, payable at the Airport Manager's Office, Florida
Keys Mmathon Airport, 9400 Overseas Highway, Marathon, FL 33050. The monthly rental
payment will increase for each successive year of the first ten (10) years by the following amount:
the total rental amount for the year multiplied by the increase in the consumer price index (C.P,1.)
for the Miami/Ft. Lauderdale area divided by twelve (12). Rent may be paid by the month or year
at the TENANTS' option. Following the initial term often (l0) years, the rent charged will be at fair
market value, established after an appraisal of the premises. Following establishment of the fair
market value rental rate, the rent will thereafter be subject to the yearly CPI increases provided for
in this paragraph.
4) a) The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of any teml at which the lease is not renewed,
TENANTS shall remove the existing hangar from the premises at TENANTS solei
expense.
Page 2 of 14
b) (i) The TENANTS may not conduct any commercial activity or operate an
FBO on the premises without the permission of the COUNTY. The premises are
leased strictly for use by the TENANTS' private aircraft.
(ii) The TENANTS must keep the County's Florida Keys Marathon Airport
Manager apprised of the names of persons and their aircraft that the TENANTS have
authorized to use the hangar facilities. The Manager must be notified as soon as
possible when an authorized occupant is added or deleted.
c) The TENANTS are responsible for the maintenance of the hangar.
5) The TENANTS are responsible for insuring the leased premises.
a) TENANTS shall obtain or possess the following insurance coverage's and
will provide Certificates ofInsurance to COUNTY to verify such coverage:
Aircraft Liabilitv to include Hangar-Keepers Liabilitv with limits not less than
$1,000,000 (One Million) per occurrence
All Risk Property Insurance to include perils of wind and flood for full replacement
value of building/structure.
Airport Liabilitv with limits not less than$I,OOO,OOO (One Million) per occurrence
b. The Monroe County Board of County Commissioners will be included as
"Additional Insured" on all policies issued to satisfy the above requirements. All
forms of insurance required above shall be from insurers acceptable to the County.
c. 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
days prior notification is given to the Lessor by the insurer.
d. TENANTS 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
Page 3 of14
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 36.
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.
6) If the premises are needed for the expansion of the Airport or the Federal Aviation
Administration requires the removal of premise improvements, then the COUNTY shall provide an
alternative location by mutual agreement within thirty (30) days written notice to the TENANTS. If
a suitable alternative location is unavailable or if mutual agreement as to location can not be
reached, the COUNTY may cancel this lease upon 30 days written notice to the TENANTS. Upon
such termination, the COUNTY will have no further obligation to the TENANTS, including the
obligation to pay money or any damages. The COUNTY must also remove the hangar at COUNTY
expense. If the cancellation of this lease under this paragraph occurs during the initial term of this
lease, the COUNTY must dismantle and return the hangar to the TENANTS at any place designated
by them within the Airport that is acceptable to COUNTY.
7) The TENANTS may assign this lease with the approval of the Board of County
Commissioners, whose approval may not be umeasonably withheld.
8) The TENANTS must not authorize, permit or suffer any construction mortgage or
other lien of any nature to be placed on the hangar.
9) The TENANTS must pay all utilities, including gas, electricity, water and solid
waste disposal charges, if any, and any installation charges that may be required for those utilities.
10) The TENANTS must not make any unlawful or offensive use of the premises and
must permit the COUNTY or its agents to inspect the premises at all reasonable times.
11) The TENANTS must obtain, and keep in effect during the term of this lease, the
insurance described in paragraph 5. The TENANTS may not begin their occupancy of the premises,
Page 4 of 14
regardless of the commencement date of this lease, until they furnish proof satisfactory to the
COUNTY's Director of Risk Management that they have obtained the insurance policies required
by paragraph 5.
12) Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, TENANTS 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 reason of, or in connection with a
violation of any federallaw or regulation, attorney's 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 TENANTS or any of its employees, agents,
contractors or other invitees during the term of this lease, (B) the negligence or willful misconduct
of TENANTS or any of its employees, agents, contractors or other invitees, or (C) TENANTS
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 TENANTS). 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained in paragraph 5.
Page 5 of 14
13)
a)
The TENANTS for themselves, their personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, do hereby covenant and
agree that
1) No person on the grounds of race, color, or national ongm shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities;
2) That in the construction of any improvements on, over or under such land
and the furnishing of services thereon, 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 TENANTS shall use the premises 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 21, Non-discrimination 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.
b) That in the event of breach of any of the above non-discrimination covenants,
the COUNTY shall have the right to terminate the lease and to re-enter and as if said
lease 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.
c) It shall be a condition of this lease that the COUNTY reserves unto itself, its
successors and assigns, for the use and benefit of the public, a right of flight for the
passage of aircraft in the airspace above the surface of the real property herein
described, together with the right to cause in said airspace such noise as may be
Page 6 of 14
inherent in the operation of aircraft, now known or hereafter used, for navigation of
or flight in the said airspace, and for use of said airspace for landing on, taking off
from or operating on the airport.
d) That the TENANTS expressly agree for themselves, their successors and
assigns, to restrict the height of structures, objects of natural growth and other
obstructions on the herein described real property to such a height so as to comply
with Federal Aviation Regulations, Part 77.
e) That the TENANTS expressly agree for themselves, their successors and
assigns, to prevent any use of the herein described real property which would
interfere with or adversely affect the operation or maintenance of the airport, or
otherwise constitute an airport hazard.
f) This lease and all provisions hereof are subject and subordinate to the terms
and conditions of the instruments and documents under which the COUNTY
acquired the subject property from the United States of America and shall be given
only such effect as will not conflict or be inconsistent with the terms and conditions
contained in the lease of said lands from the COUNTY, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or
regulations which have been, or may hereafter be adopted by the COUNTY
pertaining to the Florida Keys Marathon Airport.
g) Notwithstanding anything herein contained that may be, or appear to be, to
the contrary, it is expressly understood and agreed that the rights granted under this
agreement are non-exclusive and the COUNTY herein reserves the right to grant
similar privileges to another tenant or other tenants on other parts of the Airport,
14) This lease will be automatically be canceled, and the title to the improvements on the
leased premises will revert to the COUNTY, should the TENANTS fail to occupy the premises
Page 7 of!4
within six months of the commencement of this lease or if, during the term of the lease, the
premises are abandoned for a continuous period of six (6) months. This reverter provision applies
notwithstanding anything contained elsewhere in this lease agreement.
15) The TENANTS, on keeping the covenants and agreements set forth in this lease, are
entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by, through or under the COUNTY.
16) All communications between the parties should be between the following persons at
the following addresses:
Florida Keys Marathon Airport Manager
Florida Keys Marathon Airport
9400 Overseas Highway
Marathon, FL 33050
Mr. Matthew Schulte
205 W. Seaview Lane
Marathon, Fl. 33050
Mr. Robert E. Defield
11425 Overseas Highway
Marathon, FL 33050
The parties agree that any communication required from the COUNTY to the TENANTS
will be considered sent and delivered if sent and delivered to either Tenant. Any communication
required from the TENANTS to the COUNTY will be considered sent and delivered if sent and
delivered by either Tenant.
17) Any action taken by either Tenant under this lease will be binding on the other
Tenant as if the action had been undertaken jointly.
18) The TENANTS under this lease are to be considered joint tenants with a right of
survivorship. In the event of the death of either Tenant, the surviving Tenant will automatically
acquire and assume all the deceased Tenant's interests, obligations, duties and privileges under this
lease agreement.
19) The TENANTS warrant that they have not employed, retained or otherwise had act
on their behalf any former COUNTY office 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 violation of this provision, the COUNTY may, in its discretion, terminate this lease
Page 8 of 14
without liability and may also in its discretion, recover from the TENANTS the full amount of any
fee, commission, percentage, gift or consideration paid to the former COUNTY officer or
employee.
20) Venue for any litigation arising under this lease agreement must be in a court of
competent jurisdiction in Monroe County, Florida.
21) 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 TENANTS have
complied and are 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 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 TENANTS and, provided further,
that the entire cost of such work, as a result of the exercise by the TENANTS of its
rights hereunder shall be borne by the TENANTS.
22) TENANTS and COUNTY 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.
Page 9 of 14
23) TENANTS and COUNTY 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. This paragraph
does not apply where a default has occurred under the provisions of this agreement.
24) In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, TENANTS and
COUNTY 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. TENANTS and COUNTY specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
A party who requests the other party's participation in accordance with the terms of this paragraph
shall pay all reasonable expenses by the other party by reason of such participation.
25) TENANTS and COUNTY covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
26) COUNTY agrees that officers and employees ofthe 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.
Page 10 of 14
27) The TENANTS and COUNTY 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 TENANTS 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.
28) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
the COUNTY and the TENANTS 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.
29) 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 constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
30) 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 TENANTS agree that
neither the COUNTY nor the TENANTS or any agent, officer, or employee of either shall have the
Page II of 14
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.
31) 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.
32) 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 Agreemcnt by signing any such counterpart.
33) This lease has been carefully reviewed by both the Lessee and the Lessor.
Therefore, this lease is not to be construed against any party on the basis of authorship.
34) This lease represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings, whether written or oral. This lease cannot be modified or
replaced except by another signed lease or lease amendment.
35) Nothing in this lease should be read as modifying the applicable statute of
limitations. The waiver of the breach of any obligation of this lease does not waive another breach
of that or any other obligation.
36) This lease may be canceled at the discretion of the County III the following
circumstances:
a) Lessee fails to timely pay the rent;
b) Lessee fails to obtain the insurance required under this lease or allows the
required insurance coverage to lapse or fall below the minimum required;
Page 12 of 14
c) Lessee otherwise breaches the terms of this lease, or
d) Cancellation is required to accommodate future Airport growth, or
e) Cancellation is required due to F.A.A. requirements.
In the case of the defaultlbreach occurrences described in subparagraphs 36(a),(b) and (c),
the County's Florida Keys Marathon Airport Manager shall first give the Lessee a written
notification stating the defaultlbreach and that the Lessee has 10 days to correct the defaultlbreach.
If the Lessee has not corrected the defaultlbreach at the end of the 10 days, then the County may
cancel the lease in its discretion. In the case of cancellation occurring as described in subparagraphs
36(d) and (e), COUNTY shall provide Lessee 90 days notice.
IN WITNESS WHEREOF, the parties have set their hands and seal.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Date
WITNESSES
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Page 13 of 14
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EXHIBIT A
LEASE RENEWAL AGREEMENT
This lease renewal agreement is made and entered into this /Cji~ day of r~6 ,
2003. by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is the Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter
COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address is 11425 Overseas Highway,
Marathon, FL 33050, hereafter TENANTS. The parties agree as 'follows:
WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with
original Tenant Charles Pierce's interest assigned to Robert DeField) provided that it could be
renewed for three additional five-year terms;
WHEREAS, the parties agree that the Tenants inadvertently did not provide a notice to
renew 30 days or more prior to October 31, 2002, as required by the original lease, but that
inadvertence should not result in the lease renewal being refused; now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1. The COUNTY hereby waives and forgives the failure of the Tenants to provide
written notice of their intent to renew 30 days or more before October 31, 2002.
2. The original lease is hereby renewed for an additional five-year term beginning on
November 1, 2002 and ending on October 31, 2007.
3. Except as provided in paragraph two of this renewal agreement all the terms and
conditions of the original lease remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal the day and year first
above written.
(SEAL)
ATTEST: DAN~LHAGE' ;rERK
By r{( /r--J--
.. yeputy berk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~)~ >n ~
By
Mayor/Chai rperson
WITNESSES:
jdairhangardefield
ROBERT N ,~.'_"'"
..,DATEL::--63 .::-~";'
LEASE AGRE[MEI'T(
EXHIBIT A
This lees€' ogreeme nt is mode and ,=n ~er~d _in Lo this
Ii
/S day of
CJ C TO f3cL12..
1997. by and between Monroe County. a political subdivision of the State of Florida. whose address is
the Marathon Airport. 9400 Overseas Highway, Marathon. Fl 33050, hereafter COUNTY. and Charles
t""\!____ ___---' ,",_1_ ,....__.__ __.L___ ______1'"_ _ __'_1
,
Marathon, FL 33050 and 5996 Overseas Highway, Marathon, FL 33050. hereafter TENANTS. The
""''-'11 n~~ U~I ~i;; \...A~ IVUV....~.
1) The COUNTY leases the property described in Exhibit A - hereafter the premises - to
the TENANTS for a term of five years. beginning on
loll.J
/
, 1997 and ending on
/0/31
. 2002. Exhibit A is attached to and incorporated into this lease agreement
by reference. The TENANTS may renew this lease agreement for three additional five rear terms by
providing the COUNTY ",'ith written notice of their intent to do so thirty days or more in advance of
the term's expiration date.
2)' , The rental payment for the premises during the first year of this agreement is $150.00
per month, plus the applicable sales tax. payable at the Airport Director's Office, Marathon Airport,
9400 Overseas Highway, Marathon. FL 33050. The monthly rental payment will increase for each
successive year of the first ten years by the following amount: the total rental amount for the year
multiplied by the increase in the consumer price index (c.p.i.) for the Miami/Ft. Lauderdale area
divided by twelve. Rent may be paid by the mOl2t~ or year at the TENANTS' option. In the second
ten years the rent will be changed at fair market value. established after an appraisal of the premises
and calculated pursuan~ to the then current rates and charqes studv.
3) aj The parties acknowledge that there is an existing hangar on the premises that
belongs to the TENANTS. At the end of the second term (ten years from the commencement of this
lease agreement), the hangar will become the property of the COUNTY. If the TENANTS elect not to
renew this lease at the end of the first term, then they may remove the hangar from the premises if
they do so by the end of that term. If the hangar remains on the premises after the expiration of the
initial term. and the TENANTS have elected not to renew, the hangar becomes the property of the
COUNTY. Further. if. during the first two five-year terms, the TENANTS depart the premises as a result
of their breach of this agreement. then the hangar will become the property of the COUNTY.
b) The TENANTS must make the following capital improvements to the hangar:
reseal the aspr,al1 hangar pad. install new tie downs. repair the X-braces. secure the roof beam by
the g~C)und ccbles on tile east and v.'cst side of the hanger. end uf;grode lhe ulililies (wafer a~d
~Iectric) to the standards established by the Monroe County Building Code. The capital
improvements must be completed within the first two years of the initial term. All the capital
improvements just described must be inspected and approved for building code compliance by the
Monroe County Building Department.
<;J (IJ me ItNANI~ may nOT conducT any commerCial aCTIVity or operare an rbU
on the premises without the permission of the COUNTY. ~he premises are leased strictly for use
by the TENANTS' private aircraft.
(iil The TENANTS must keep the COUNTY's Marathon Airport Director apprised
of the names of persons and their aircraft that the TENANTS have authorized to use the hangar
facilities. The Director must be notified as soon as possible when an authorized occupant is
added or deleted.
d) The TENANTS are responsible for the maintenance of the hangar for the first
and second terms of this lease (the first ten years). After that. the COUNTY will assume the
responsibility for the hangar's structural maintenance, with the TENANTS responsible for all other
premises' maintenance. Both parties must perform their maintenance of the hangar and related
improvements in accordance with all applicable laws. rules and ordinances.
4) If the premises are needed for the expansion of the Airport or the FAA requires the
removal of premise improvements. then the COUNTY may cancel this lease with thirty days written
notice to the TENANTS. Upon such termination. the COUNTY will have no further obligation to the
TENANTS. including the obligation to pay money or any damages. The.COUNTY must also remove
the hangar at COUNTY expense. If the cancellation of this lease under this paragraph occurs during
the first or second terms. the COUNTY must dismantle and return the hangar to the TEl:lANTS at any
place designated by them within the Airport that is acceptable to COUNTY.
51 The TENANTS may assign this lease with the approval of the Board of County
Commissioners. whose approval may not be unreasonably withheld.
6) The TENANTS must not authorize. permit or suffer any construction mortgage or other
lien of any nature to be placed on the hangar.
7) The TENANTS must pay all utilities. including gas. electricity, water and solid waste
disposal charges. if any. and any installation charges that may be required for those utilities.
8) The TENANTS must not make any unlawful or off~nsive use of the premises and must
n~rrnit the rnl I"-lTV r\r ifc- ,.,~cntC' in. i,.,C'n.o.,-+ fho. I"""\r~,..,...,,;C'~t" ,..,t ,..,H ..~,..,r-'.'H"'_h.',... .f.;.-.._...
l _ I _.--~- --------..--.-.....--.
91 The TENANTS must obtain - and keep in effect during the term of this lease - the
insura~ce de~crib(2c! in Exhibit B. Exhibil 8 is ailoched and incorporaled into lhis lease ogreemen1.
:2
rhe TENANTS may not begin this occupancy of the premises. regardless of lhe commencement date
of this lease. until they furnish proof, satisfactory to the COUNTY's Director of Risk Management that
they have obtained the insurance policies required by Exhibit B.
,
101 TENANTS covenant and agree to indemnify an~ hold harmless the COUNTY from any
and all claims for bodily injury (including deathl. personal injury. and property damage (including
property owned by Monroe County) and any other losses. damages and expenses (inCluding
attorney's feesl which arise out of. in connection with. or by reason of the TENANTS' utilization of the
property governed by this lease agreement.
The extent of liability is in no way limited to. reduced. or lessened by the insurance
requirements contained in paragraph 9 and Exhibit B.
11) al The TENANTS for thEmselves. their personal representatives. successors in
interest. and assigns. as a part of the consideration hereof. do 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 said facilities:
2) that in the construction of any improvements on. over or under such land
and the furnishing of services thereon. 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:
31 that the TENANTS shall use the premises 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 21. 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.
bl That in the event of breach of any of the above nondiscrimination covenants.
the COUNTY shall have the right to terminate the lease and to re-enter and as if said lease had
never been made or issued. The provisirm 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.
c} It shall be a condition of this lease that the COUNTY reserves unto itself. its
successors and assigns. for the use and benefit of the public. a right of flight for the passage of
aircraft in the airspace above the surface of the real property -herein described. together with the
right to cause in said airspace such noise as may be inherent in the operation of aircraft. now known
or hereafter used. for navigation of or flight in the said airspace. and for use of spid airspace for
landing on. taking off from or operating on the airport.
d) That the TENANTS expressly agree for themselves. their succ'~ssors and assigns.
to restrie! the height of structures. objects of natural growth and other obstructions on the herein
describGd real property to such a heighl so as to comply with F0deral Aviation Regulations. Pm; 77.
3
el That the TENANTS expressly agree for themselves, their successors and assigns.
to prevent any use of the herein described real property which would interfere with or adversely
affect the operation or maintenance of the airport. or otherwise constitute an airport hazard.
Tl I n1S lease ana all prOVIsIons nereOT are sUDJecT ana SUDoralnale IU me terms
and conditions of the instruments and documents under which the COUNTY acquired the subject
property from the United States of America and sholl be given ,only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the COUNTY,
and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or
regulations which have been. or may hereafter be adopted by the COUNTY pertaininQ to the
Marathon Airport.
gl Notwithstanding anything herein contained that may be, or appear to be. to
the contrary. it is expressly understood and agreed that the rights granted under this agreement are
nonexclusive and the COUNTY herein reserves the right to grant similar privileges to another tenant
or other tenants on other paris of the Airport.
12) This lease will be automatically canceled. and the title to the improvements on the
leased premises will reveri to the COUNTY. should the TENANTS foil to occupy the premises within six
months of the commencement of this lease or if, during the term of the lease. the premises are
abandoned for a continuous period of six (6) months. This reverter provision applies notwithstanding
anything contained elsewhere in this lease agreement.
13) The TENANTS, on keeping the covenants and agreements set forih in this lease. are
entitled to quiet and peaceful enjoyment of the premises without any interruptions by the COUNTY
or by any person or persons claiming by, through or under the COUNTY.
14) All communications between the parties should be between the following persons at
the followina addresses:
Marathon Airport Director
Marathon Airport
9400 Overseas Highway
Marathon, FL 33050
Mr. Charles Pierce
# 1 47th Street. Gulf
Hurricane Harbor
Marathon. FL 33050
Mr. Bob Cayce
5996 Overseas Highway
Marathon. FL 33050
~:'le pc,~ies ag~ee the' Cfl'{ CCrT',rr",:,..;nicciicn requ:~ec froiT, be COUNTY io the TENANTS wii: be
Cc;,,;cerec: se:,~ cnc'c:e!iverEC ;' see': end de!ivcred Ie eiihe," 'c:,c,",;, An',/ c:r-:rTH.:nic:::7:or~ require,=:;
frer" ;;"Ie TENANTS 10 :i"',e COUNTY '/..ii:: be cc:sdeec ser~t C,'lC dei\'erecj :; serl: a"o ceh'e:cC 8'l
eilre Te,::::;,,;;,
15'
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4
16) The TENANTS under 1I1is lease are to be considered joirll tenants with a right of
survivorship. In the event of the death of either Tenant. the surviving Tenant will automatically
acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this
, ,
lease agreement.
1 7] The TENANTS warrant that they have not employed. retained or otherwise had act on
:heir behoii any fermer COUNTY officer or employee in violation of Section 2 of Ordinance-No. 10-
1990 or any COUNT'( officer or employee in violation of Section 3 of Ordinance No. 10-1990. For
breech cr ''';o~o~iGn of this Dfov:s:on, the COUNTY may. in its discretion, terminate this lease without
:icbiUy c:md rT.G')' C:SC i."1 it: discretion. recover from the TENANTS the full amount of any fee.
commission. percentage, gift or consideration paid to the former COUNTY officer or employee.
_ r ~ 1"'\. nue for any litigation arising under this lease agreement must be in a court of
. 'l r;;;-"{:;.-;
c . ~~' - eQ{ ltfr-~i'i:;ttor in MO!"'.rn2 r:oLJnty, Florida,
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ATTEST: DANNY L. KOLHAGE. CLERK
By ~flA)~~
Depu Clerk
WITNESSES:
TEHMHS
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CONSENT TO ASSrGNMENT
This Consent to Assignment is entered into by and between Monroe County, a political
. 'Rcbt:.t'-t lJe. t, e. \~ , a
subdivision of the State of Flonda, hereafter County, and ~
- -'. .--. person, hereafter Assignee, the oartipc; ('1nr~~in,..., ,..,.. f~II_.. .-.
. I The County leased a hangar at the Marathon Airport to one
Ck~ 'S ~ ~ ~~~__. hereafier. A5siqnor, througrl a lease agreement dated
(~';a:lie of Person)
\ S Oc.\-c.bc;c, 19.31-, hereafter the original agreement. The original agreement is attached and
incorporated into this Consent to Assignment.
2.) By an agreement dated \ ~ A\J!'-:\J.s1 , 199 -1-, the Assignor assigned to
Assignee all the Assignor's rights, title and interest in the original agreement. The original
ogrecmcni. porogroph 5-_, requir'e~ fhe conscrl~ of the Co:..mfy bC';ore S'~ICT"'; 0,. cc.:i;-r;T,er' is
effec1ive aUoimt !he Counly The County hereby consents to the assignment described in this
paragraph.
In comldcro lion tor suCh consent. me ASSlgr It:e agrees to oe bond by all Itlt:
Terms and conditions of the original agreement including the obligation to pay the County any
sums owed the county by the Assignor under the original agreement up to the effective date of
this consent to assignment.
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This consent to assignment will lake effect on the signature date of the last party
i)ale.
~~D OF COUNTY COMMISSIONERS
{ 'lONR?~O~RJ01\
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///-.- Moyor/Chairmor;' .
(/1 ASSIGNEE ' /1 t/7
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AGREEMENT FOR SALE AND ASSIGNMENT
"
COMES NOW Chuck Pierce (I 'f: r d "A' "d
lerema ter rCaerre to as sSlgnor an
RO;)e rt DeF i e 1 d (hereinafter referred to as "Assignee") and agree as [allows:
1. The assignor is the owner of a hangar located at the Marathon Airport which is
located on land being leased from Monroe County, Florida. Hanger, one west bay
2. It is the intent of the Assignor herein to assign all its right, title and interest in said
hangar and lcase to Robert DeField the Assignee for the consideration
of $ 7 , 500.00
paid 8/18/97
3. The' $7,500. OOf!x1>t'^'QpA'c}g~XlXKmgmkJID~m~
4, It is the intention that both parties will culminatc this sale as soon as practicable
'and that all necessary steps be taken with Monroe County for approval o[this sale and
assignment and by execution by this lettcr agreement the parties hereby agree to this sale
and assignment dated this 18 day of Auaust 1997,
(ASSIGNOR)
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. ",,\flSSIO,\; ,'\'0, C.:CS70309 .
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e8/18!1~~7 13:38
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BILL or !tALE
DltGdt August 20, 1996
Chuck ~i~rce, ref~rred to an kSELLER", salls, barqainn and conveys)
all or SELLER'S riQht, tit16 and lntoreBt in:
Aircrart hanger on Marathon Airport Hanger One (W~Bt bay)
to Ro~rt E. OGFiCld, retgrr~~ to 4S ~nUYERn, his h~irs aha
assigns.
" .
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Chuck Fierce acknowladgas receipt of a total of $ 1~OO (gaven ,..
Thousana FiV\l Hundrc;:1 DOllarD) fro~ ltobert t.O~Field, BU'lE'n/ ill,
rull plymont of tho purchaso prica o~ the goodt oonV'lIY cd hert!?y. ~;:,
Chuck PiQrce warrants that there are no liens O~ ~h~~~~d~6!: on
th~ 9ood~ told, ~nd that Chuck PiQ~oe/a titlo to ,~ '
clo~r and ~erchantabl~. chuck Pi~rc. shall dofend ~~~~t ~dod~
DoFie ld from at"lY s.dvarCto clail11!t to ~"'Tt~ I. ... h.1.. t'
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Thogo()dB told herein ar@ USZO and SOLD, "'\9 1St! t "W1tZltt IS" f "
"WITH 'UL FAULTS." '1'he gOOds 1'I$reit1 are hot sold by , ~(zrch9.t1t in"
the fiald. ~REst oooo~ ~E SOLD WITHOUT ucc w~~ OF ANY KIND,
lncludinq MERCHANTABILITY AND rtTHESS tOR ^ p~T!e~ PtrRpOS~4
Tha 5UYER, Robqrt ~. OGField, aok~owl,d~cs ~xauirtirtg th~ goods
~old h~rein.
.t~*'.~*t*t*'**.tt.ttt'*'t*""*.'****'**'i'..'*t't*_*.,.f..ttf.
The p4rties agrEe to th~ tGrma ~nd oonditions statod hGreih:
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Chuck PiorcG, SELLeR
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Rebert E. D~fi("J.J., Bun:!\. _
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