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Item P03 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 21. 2007 Bulk Item: Yes XX No Division: County Attorney Staff Contact Person: Pedro Mercado AGENDA ITEM WORDING: Approval of the Consent to Assignment of the Lease Agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from Robert Defield, Assignor, to David Rice, Assignee. ITEM BACKGROUND: The County entered into a lease agreement on October 15, 1997 with Robert Defield for the West Bay of Hangar One at the Florida Keys Marathon Airport. Mr. Defield sold his interest in the Hangar to David Rice effective January 5, 2007 and the parties now seek to assign the lease. PREVIOUS RELEVANT BOCC ACTION: Approved the original lease with on October 15,1997 with an extension on February 19, 2003. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes XX No AMOUNT PER MONTH $191.75 APPROVED BY: County Arty _ OMBlPurchasing _ Risk Management_ DOCUMENTATION: Included X Not Required_ DISPOsmON: AGENDA ITEM # Revised 2/05 CONSENT TO ASSIGNMENT This Consent to Assignment is entered into this _ day of _,2007, by and between Monroe County, a political subdivision ofthe State of Florida, hereafter County, Robert Defield, Assignor and David P. Rice, Assignee, the parties agreeing as follows: 1. The County leases to Assignor the west Bay of Hangar One at the Florida Keys Marathon Airport, Marathon, Florida, through an Agreement dated 00 o~tUll 5 Iq? 1 hereafter the original agreement, and renewed on f="t8ItJNl 'f 1'1/2003 . The original agreement and renewal agreements are attached and incorporated into This Consent to Assignment. 2. By a change of ownership effective / - s - & 7 from Assignor to Assignee, the Assignor assigned to Assignee all of the Assignor's rights, title and interest in the original agreement. 3. Monthly rent payments shall be made payable to Monroe County and sent to the Airport Director's Office, 9400 Overseas Highway, Marathon, FL 33050. 4. In consideration for such consent the Assignee agrees to be bound by all of the terms and conditions of the original agreement, as previously amended and as amended above. (SEAL) ATTEST; DANNY L KOLHAGE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: BY: Deputy Clerk Mayor/Chairman Notary Public, State ofFL ASSIG~ BY: BY: David Rice 133 Mockingbird Lane Marathon, FL 33050 (SEAL) ASSIGNOR By: By: Notary Public, State ofFL Robert Defield 11425 Overseas Highway Marathon, FL 33050 (SEAL) . ...1ff '-w [;A r .---. . , This lease renewal agreement Is made and entered Into this 1'1 day of ., 2003. by and between MONROE. COUNTY, a political subdivision of the State of florida, whose address Is the Marathon Airport, 9400 OVerseas Highway, Mamthon, Fl 33050, hereafter COUNTY, and ROBERT DEFIELD AND ROBERT CAYCE, whose address Is 11425 Overseas Highway, Mamthon, FL 33050, hereafter TENANTS. The parties agree as follows: L.~ RENEWAL AGREEMENT WHEREAS, the October 15, 1997 lease, hereafter original lease, between the parties (with original Tenant Charles Pierce's Interest assigned to Robert DeAeld) 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. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By L);U >n ~ Mayor/Chairperson WITNESSES: jdaimengerdetleld ....~~j,. - CONSENT TO ~IGNMENT This Consent to Assignment is entered into by and between Monroe County. a political subdivision of the State of Florida. hereafter County. and J~obc.t"* lJef\~~ . a natural person. hereafter Assignee. the parties agreeing as follows: 1.) The County leased a hangar at the Marathon Airport to one ChC\",\e.s. ~~~or~e- . hereafter. Assignor. through a lease agreement dated (Name of Person) \ S Oc:.>n.'bt.~. 19~ hereafter the original agreement. The original agreement is attached and incorporated into this Consent to Assignment. 2.) By an agreement dated \ B. ~~ . 199 ~ the Assignor assigned to Assignee 011 the Assignor's rights. title and interest in the original agreement. The original agreement. paragraph --5-. requires the consent of the County before such an assignment is effective against the County. The County hereby consents to the assignment described in this paragraph. In consideration for such consent. the Assignee agrees to be bond by all the terms and conditions of the original agreement including the obligation to pay t4 &1" n~ :'OC')Zf'I'I o,....~ .P sums owed the county by the Assignor under the original agreement up to the e~ 0" On. Ct 0 this consent to assignment. ~?DS ." :::0 ..... C')r- :It, ;0 ;." ' "',. .. . :<~::I: "" " ',:, 3.). ThIS consent to assignment will take effect on the SIgnature date pt~I~~ .!/ or ' , '," '. ~ ,.,. ,~ ::0 I ';" ~~~x~ute\ this consent to assignment. . \0 0 ~ ',i~(."o\~ \"'. ;',' \' .: \ -~,.,; ."'.' .. \,' , .,' ":"f: (SEAt) , , '\:~, 'ATTB!:.9ANNY L.KOlHAGE. CLERK By \>.~ ~e;~~ ~ Date: 4/g /crt;? Date: ,h'~ ~ ~ /7 f' ~ :~#P peon/assign.doc A .;.. ~ fL' AGREEMENT FOR SALE AND ASSIGNMENT " COMES NOW Chuck Pierce (hereinafter referred to as "Assignor" and Ro~ert DeField (hereinafter referred to as "Assignee") and agree as follows: 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 lease to Robert DeField the Assignee for the consideration of $7,500.00 paid 8/18/97 3. The- $7,500.00~J.WJi>>gm~R 4. It is the intention that both parties will culminate this sale as soon as practicable 'and that aU necessary steps be taken with Monroe County for approval of this sale and assignment and by execution by this letter agreement the parties hereby agree to this sale and assignment dated this 18 day of August 1997, . ,.~ (ASSIGNOR) ~fk:. ,. ~ ./l.f/LcP J( I =.cYSQ. NO'i'ARYPUBUCSl'ATEOF FI.OR COMMISSION NO CC5703o9 IDA MYCOMMBsrONDcP. LY18 /~ 11/ f/'17 (#4$ ....,. ...~. ....'. . 0e/1'3/1997 1:3:38 '305}43,:.;4B CAV!X. & KEYS I~ADn-lG ~.:' PAGe: ;~1 .!~:. :'~::o ~ iIJ; j.... .1';. :.:t.:; .. "f:'~' ,:......... BILt OJ" tALB oat:edt Auqutt 20, 19" Chuck 'l.~c.. referr.d to .e .SILLER-, ..11., barf-in. and convey. all of SILLER'S ri9ht, titl. an4 Intett.t In: Aircraft hangar on Harathon Airport Hanger Ona (w..t baY) to Robert E. DeFleld, rer.rrt4 to at "SOyta-, hi. heirs ahd ...19n.. ~:::' . .~..: . .~. ~~~:.~ Chuok Vleree acknowled,.. receipt ot . ~otal of $ 1~OO (SiV.h 'thoU.and Vi". Rundrel'J 0011*1"8) fl"OIIRobel't I. Der1eld, 8UYn, in . full pa,..nt of the pUrch... pric. ot the 900d* oon~.yedh.~.~. ., -" - Chuck Pierce warrant. that there are no 11an8 o~ encu~ranOe. on' the Vood8 'Old, .na that Chuck Pi.~oe'. title to th. 90Dd..is el..r an4 .al-chantabl_. chuck Piarea .hall dotend RObert B. 08rield fro. .ny advar.. cIa 1.. to SELLaR'. tl~l. to th. ~. .old. .....*...*...*...*.'..it'......*I...~'....,.....t.,t...,ttt,"". ft. .:o~. .oldlleretn ar. U.IO .n4 SOLD "AS 18-, ....1 IS"; .WITH.'ALL fAULTS.- !b. 9OOd* n.r.~n at. ftot .o1~ bY.. ~~nt 1n the field. '1'RII1 COODI ARB SOt.D"rt'ROUT UCC wAlliWiW bp AllY lU;IfD, Includlntl lIDCIWft'AltLt'l'Y A1ID ntHtssPOIt A 'AR'I%euuJ\ Pt1RPOIa.. ".. SutlR, Ro~rt B. oeFleld, aotnOWlecJ9'. ex..1ft1l19 th. CJOOd. .old her.ln.: ,."..................."......"...,.................tA""'." The part i.. 8qr.. to the t.r.. and oondl~1on. atated hereih: e1L~~ ~ . Aa ... ChUClk Pierce, S!;LLb .~~P Robert E. DeFle d, BUYtR LEASE AGREEMENT 1-61< ,;")c -0 .~h.J-) This lease agreement is made and entered into this ~ day of (./ I I ~ 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 Pierce and Bob Cayce, whose respective addresses are .1 47th Street. Gulf, Hurricane Haber. Marathon. fL 33050 and 5996 Overseas Highway. Mcrcthon, FL 33050. hereafter TENANTS. The parties agree os follows: 1) The COUNTY leases the property descnbed in Exhibit A - hereafter the premises - to the TENANTS for a term of five years. beginning on Jf) /Is- . . 1997 and ending on 10/31 . . 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 year terms by providing the COUNTY with written notice of their intent to do so thirty days or more in advance of :J: ,-0""1l (:) 0 Q;) _ thet I i ti d t %);. r erm s expra on a e. ~p~~ ~ g r>1 " -- 2) The rental payment for the premises during the first year of this agr~ is ~.m on. wno c:~x :::0 per month. plus the applicable sales tax, payable at the Aiport Director's Office, ~n ~~ :<:-t:J: w n 94.00 Overseas Highway. Marathon. FL 33050. The monthly rental payment will in~ foLeaS! ~ f'T1 \D b 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 month or yea at the TENANTS' option. In the second ten years the rent wOl be changed at fair marleet value. established after an appraisal of the premises and calculated pur:uant to the then current rates and charges study. 3) a) 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 wUI 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 re~ve 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 hove elected not to renew. the hangar becomes the property of the COUNTY. Further. if, during the first two five-yea terms. the TENANTS deport the premises os a result of their breach of this agreement. then the hangar wDl become the property of the COUNTY. . b) The TENANTS must make the foHowing capital improvements to the hangar: reseal the asphalt hangar pael install new tie downs, repair the X-braces. secure the roof beam by the ground cables on the east and west side of the hangar. and upgrade the utilities (water and The TENANTS may not begin this occupancy of the premises. regardless of the commencement date of this lease. until they furnish proof satisfactory to th~ COUNTY's DirectOr of Risk Management that they have obtained the insurance policies required by exhibit B. 10J TENANTS covenant and agree to indemnify and hold hcrmless the COUNTY from any and all claims for bodily injury (including death). personal injury. and property damage (Including property owned by MolYOe County) and any other losses. damages and expenses (including attomey's fees) 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 liabUi1y is in no way limited to. reduced. or lessened by the insurance requirements contained in paragraph 9 and Exhibit B. 11) a} The TENANTS fa themselves. their personal representatives. suc:cessors in interest. and assigns. as 0 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 paticipation 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 fumishing of services thereon. no person on the grounds of race. color or national origin shan 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 011 other requirements imposed by or pursuant to Title 49. Code of federal Regulations. Oepariment of Transportation. Subtitle A. OffIce of the Secretary. Part 21. Nondiscrimination In FederaHy- assisted programs of the Department of Transportation - Effectuation of rifle 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 nond'lSaimlnatlon covenants. the COUNTY shall hove the right to terminate the lease and to re-enter and as If said lease hod never been mode or issued. The provision shall not be effective until the procedures of TItle 49. Code of Federal Regulations. Port 21 are followed and completed including exercise or expi"atlon 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. 0 right of fight 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 fight in the said airspace. and for use of said airspace for landing on. taking off from or operating on the airport. dJ 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 descnbed real property to such a height so as to comply with Federal Aviation Regulations. Part n. 3 e) That the TENANTS expressly agree for themselves. their successors and assigns. to prevent any use of the herein described real properly which would Interfere with or adversely affect the operation or maintenance of the airport. or.otherwise constlMe an airport hazard. f) This lease and aU 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 Marathon Airport. g) Notwithstanding anything herein contained that may be. or appear to be. to the contrary. it is expressly undersfood and agreed that the rights granted under this agreement are nonexclusive and the COUNTY herein reserves the right to grant simUar privileges to another tenant or other tenants on other pats of the Airport. 12) This lease will be automatically canceled. and the title to the improvements on the leased premises will revert to the COUNTY. should the TENANTS fail 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 (61 months. This reverter provision applies notwithstanding anything contained elsewhere in this lease agreement. 131 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. 14) All communications between the parties should be between the following persons at the fOllowing addresses: Marathon Airport Drector Marathon Airport 9400 Overseas Highway Marathon. F~ 33050 Mr. Charles Pierce #1 47th Street. Gulf Hurricane Harbor Marathon. Fl33050 Mr. Bob Cayce 5996 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 defivered 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. 151 f,ny action taken by either Tenant under this lease will be binding on the other Tenant as if the action had been undertaken Jointly. .. 16) 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 wRl automatically acquire and assume all the deceased Tenant's interests. obligations. duties and privileges under this . lease agreement. 17) The TENANTS wClTont that they have not employed. retained or otherwise had act on their 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. 10-1990. For breach or violation of this provision. the COUNTY may. in its disaetion. terminate this lease 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 offtcer or employee. Venue for any litigation arising under this lease agreement must be in a court of HEREOf. the parties have set their hands and seal. By~~ De CI By WITNESSES: #~ ~ J 7J:.u.- C:;.J>- L t., ~ TENANTS By c....l~ ry ~ Chartes Pierce By A./ C4-;4 CM) Bob Cayce jcirihangarmo :>> ., . AIRCRAFT CERTIFICATE OF INSURANCE Date: MAY 07, 1997 Named Insured And Address: CAYCE'S EXCAVATION, INC. C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATHON FL 33050 CERTIFIED COpy Company Policy Number Effective Date Expiration Date AMERICAN EAGLE INSURANCE CO AFX0221505-02 04/23/1997 04/23/1998 The following describes the liability.coverage provided and the aircraft insured under the policy referenced above: Coverage : Combined single limit bodily Injury and Property damage liability AIRCRAFT INSURED LIMITS OF LIABILITY Each Passengers Passenger Occurrence Are Sub-Limit FAA Number Year Manufacturer Model N812T 1974 BEECH E-55 S 1,000,000 INCLUDED N/A This Certificate is issued to: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS/RISK MANAGEMENT 3100 COLLEGE ROAD KEY WEST FL 33040 with whom we agree, if possible, to notify 30 days before date of cancellation if poliCY should be cancelled, but the Company shall not be liable in any way for failure to give such notice. Coverages are subject to all policy terms, conditions and exclusions. Approved: Li~ Company Representative Form #CERl (1/92) h:'!nQ''"!'_'~n P\ Q~Sk ~.~""~-4nr ',i ~-..~:- "'--"'W; ny t-J ~~. flUE j 1"1....-- 9 tr ""'<!I: ,'.Lm~~ LYL"-j- .....) ;f-. I.' '. C'---L C '. ....- ._c......>-c. J . ( t ~.;r ....J-R. CAYCE'S EXCAVATION, INC C/O BOB CAYCE 5996 OVERSEAS HIGHWAY MARATIION, FL 33050 May 22, 1997 RE: POLlCYNO: AFX0221505-2 AIRCRAFT: 1974 BEECH BARON E5S, N812T Dear Mr Cayce: We are pleased to enclose yom insurance policy which replaces the temporary evidence of coverage previously forwarded to you. Please read yom policy carefully to be certain the coverages are exactly as desired. Pay particular attention to the sections regarding approved pilots and uses to be sure they meet the stated requirements. In the event the policy is not correct, please notify us at once. We appreciate this opportunity to again be of service. If additional or higher limits of coverage are desired or you have any questions, please don't hesitate to give us a call at 1-800-835-2677. Thanks again. Best regards, ~ _ _ _ ~ ~u'10 Account Manager lpat Enclosure(s) cc: Monroe County Board of County Commissioners - Certificate of Insurance AtJN Aon Risk Services MS BEVElTE MOORE CITY OF KEY WEST 5100 COLLEGE ROAD, COMMUNITY SERVICE DIVISIQN...- KEY WEST, FL 33040 1 December 15,1997 RE: INSURANCE CERTIFICATE OF INSURANCE FOR: CAYCE'S EXCAVATION, INC 1974 BEECH E-55, N812T Dear Ms. Moore: Attached please find an "EXACT COPY" of the Certificate of Insurance which we faxed to you this date per your request. The original of this Certificate was mailed out to Monroe County Board of County Commissioners on May 22, 1997. See copy of our letter which was mailed to the insured. If you have any questions, please don't hesitate to give me a call at 1-800-835- 2677. Thanks again. Best regards, ~ : ~a 5~ IQng Account Manager Ipak Enclosure(s) Aon Risk ServiCe!, I tIC. 01 KAnsas . Fof71lW/y RoUins Hlldig Hidl of KAnSAS, IRC. Mid-Continent Airport . p.o. Box 9210. Wichita, KanSll5 67277-9210 tel: (800) 83~-2677 ot(316) 943-9331" fax: (316) 942-6713 m )c ., 'lJ- ~ ;\ ~~ . . .,...., ~ .{" '~ .. - . II ~ ,,:( ,L .. J ~ ~.. '1-(-:-" ~ .r.:d~ . 1.'.'~' ,,"+ .11hh I .,~ -:;~~~ 't.:t I . 'i, f.~ - t!.' Yr' ~d\ L;~~ . I . ~,. ":}r t:1i I. - , ~ - I~ ! ' / . -;'~ ,. I I . .}l\, D .",~ .,.., -;, . ~,~.~t~.~ '\1' -t ' ~ ."1... I.!; R . / I .1 i: .; ~ if i > ct.::I X> rI1 C.v X ; :::r .J!> ..... ~ a' :I' ~ rr I ;po . , I ;I~l c .. 2. " ~t..J . ~I.~ -e. n :%) . ~. C -f .,.. 2 Gj ~. O'C'; :rJ~). -c;\-< I~ -E "V > ,.. X (II ..............., -......:'....~. ~.....;;;: EXHIBIT 'B' . 1996 Editioo ,- MONROE COUNTYy FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACf ADMINISTRATION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (includil1g the pre-staging of pcrsoDIlcl and material), the Veodor shall obtain, at hislher own expense, insurance as specified in the attached schedules, whieh are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work ~ovemed by this contract (meluding pre- staging of personnel and material) until satisfactory eVldence of the rcquimi insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout thc entile term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance ~ been reinstated or replaced. The Vendor shall provide, to the County. as satisfactory evidence of the required insurance, either: · Certificate of Insurance 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 iDsurance policies required by this contract . All insurance policies must specify that they .are-not subject to cancelladon, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the ins1.irer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assum~ under this contract or imposed by law. !be Monroe County Board of County Commissioners, its CItlPloyees md officials will be -Included as "Additional Insured" on all policies. except for Workers' Compensation. Any deviations from these Oenerallnsurance Requirements must be requested in writing on the County prepared form entitled "Request {or Waiver of Insurance ReqairemeDts" and approved ~y Monroe County Risk Management. Administration Instruction '4709.2 24