HomeMy WebLinkAbout14. 01/28/2026 Agreement
DATE: February 02, 2026
TO: Richard Strickland, Director
KWIA
Beth Leto, Business Manager
KWIA
FROM: Brynn Morey, Deputy Clerk
SUBJECT: January 28, 2026 BOCC Meeting
The following items have been executed and added to the record:
I2 Approval of a Month-to-Month Lease Agreement with Federal Express Corporation for
use of an air cargo building, open land adjacent to the air cargo building for loading, unloading,
parking of automotive vehicles and truck/employee parking, and aircraft parking apron to
provide cargo transportation services at the Key West International Airport.
I3 Approval of time only Change Order No. 4 with A Plus Environmental increasing the
contract completion date by 565 days from December 12, 2024 to June 30, 2026, for the
contractor to complete the scope of work for the Relocate Runway 7/25 Phase 1 Tree Clearing
Project at the Florida Keys Marathon International Airport.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FedEx No. 26-0459-000
MONTH TO MONTH AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
Federal Express Corporation
THIS MONTH TO MONTH CONTRACT OF LEASE is made and entered into on this
_____ day of ________________, by and between MONROE COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as ÐCOUNTYÑ and FEDERAL EXPRESS
CORPORATION, hereinafter referred to as ÐFEDEX.Ñ
WHEREAS, COUNTY owns an airport known as the Key West International Airport, located
in Key West, Monroe County, Florida, hereinafter referred to as ÐAIRPORT,Ñ and
WHEREAS, FEDEX is engaged in the business of air transportation of cargo and other
property, and
WHEREAS, the 60-month lease FEDEX previously held at the AIRPORT expired on
September 30, 2024 and FEDEX has remained on the leasehold premises as a holdover tenant; and
WHEREAS, FEDEX desires to obtain certain rights, services and privileges in connection
with the use of the Airport facilities, and the COUNTY is willing to grant and lease the same to
FEDEX on a non-exclusive basis, upon the terms and conditions hereinafter stated, and
WHEREAS, FEDEX and COUNTY desire to enter into a month-to-month lease agreement
during the pendency of lease negotiations, 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 FEDEX, and
FEDEX does hereby lease from COUNTY, certain premises, facilities, rights, and privileges in
connection with and on the Airport, as follows, to wit:
1. Premises. COUNTY does hereby lease to FEDEX, and FEDEX leases from the
COUNTY, the Air Cargo building presently located at the Airport, containing two thousand, nine
hundred, seventyÎthree (2,973) sq. ft. of gross building area, and thirteen thousand, nine hundred sixty-
five square feet of open land adjacent to the building. FEDEX shall receive ÐPreferential UseÑ of an
aircraft apron measuring approximately eight thousand, eight hundred forty-two (8,842) square feet as
indicated on the drawing labeled as Exhibit ÐAÑ attached hereto and made a part hereof (ÐPreferential
Use Apron AreaÑ). Preferential Use shall mean that at those times that FEDEX has no aircraft parking
on one or more aircraft parking positions in the area, the COUNTY may authorize others to use and
assign other aircraft to park in the Preferential Use Apron Area, but in no event shall said use by others
take precedence over FEDEXÓs use. FEDEX shall have the right to locate any number of aircraft
within the Preferential Use Apron Area for the purpose of loading, unloading, servicing or parking
aircraft. FEDEX shall not park aircraft in such a manner as would prohibit access, ingress, and egress
to and from all aircraft parking positions by aircraft, ramp equipment, and traffic of other airlines.
FEDEX is required to relocate all FEDEX aircraft at a time mutually acceptable to COUNTY AND
FEDEX to a designated location on-ramp just north of the exterior sort, per Exhibit C attached hereto.
Aircraft parking is subject to relocation during the term of this agreement at the sole discretion of the
Director of Airports.
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2.Use of the Airport. FEDEX shall be entitled to use, in common with others
authorized to do so, the airport facilities and appurtenances, together with all equipment,
improvements, and services which have been or may hereafter be provided at or in connection with the
Airport for common use, in the operation of a business for the transportation of cargo and other
property by air. FEDEX is responsible for repairing damage caused by FEDEX to the COUNTY-
owned Aircraft Airtug equipment shown in Exhibit D, normal wear and tear excepted.
3.Subordiantion of Agreement to Agreements with the Federal Government.
Right to Develop the Airport. Pursuant to 49 USC Title 49 and at any time during the term of this
agreement, if the premises leased hereunder are required for Airport development or any other purpose
as determined by the COUNTY, the Airport, at the Airport OperatorÓs sole discretion, retains all rights
necessary for the safe development of the Airport in any manner required which rights take precedence
over any agreement hereto should the leasehold premises be needed by the Airport.
4. Term. The term of this lease shall be month to month, commencing October 1,
2024. Either party may terminate this agreement upon 30 days written notice.
5.Rentals and Fees. Commencing October 1, 2024 FEDEX shall pay to the
COUNTY, rent in the following amounts:
a)for the area of two thousand, nine hundred seventy-three (2,973) square feet, in
the existing Air Cargo building;
Five Thousand, Four Hundred Eighty-Nine and 04/100 Dollars ($5,489.04) per month rent plus
applicable sales tax. Effective October 1, 2025, sales tax is repealed for this building.
b)for an area of thirteen thousand, nine hundred sixty-five (13,965) square feet of
open land adjacent to the Air Cargo building, for use for loading, unloading, parking of automotive
vehicles and truck/employee parking;
Four Thousand, Nine Hundred Seventy-Three and 86/100 Dollars ($4,973.86) per month rent
plus applicable sales tax
c)for an area of eight thousand, eight hundred forty-two (8,842) square feet of
aircraft apron adjacent to the Air Cargo building;
Two Thousand, Nine Hundred Seventy-Seven and 87/100 Dollars ($2,977.87) per month rent
plus applicable sales tax.
Rent for items a, b, and c shall be paid in equal monthly installments, all of which shall be due
and payable on or before the first day of each calendar month during which this lease is in effect.
Upon the failure of FEDEX to pay any installments when due, the COUNTY will be entitled to charge
and collect, and FEDEX will be obligated to pay, a late fee of two percent (2%) of any such amount, if
paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within
thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due. The
acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what
would otherwise constitute a default by FEDEX under the terms of this lease. The COUNTY, at its
option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and
terminate the lease upon 30 days written notice. In the event that any check, draft, or negotiable
instrument by which FEDEX has tendered any rent payment is returned to the COUNTY and not
honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and
collect, in addition to any applicable late payment fees as provided above, a service charge of $25 if
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the face value does not exceed $50; $30 if the face value exceeds $50 but does not exceed $300; $40 if
the face value exceeds $300; or 5 percent of the face value of the payment instrument, whichever is
greater. Such fees and charges shall also be in addition to the amount of rent due. The acceptance by
the COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of
a dishonored instrument shall cure what would otherwise constitute a default under the terms of this
lease. The COUNTY, at its option, however, may refuse any proffered rental installment and
applicable late fees and penalties, declare a default, and terminate the lease upon 30 days written
notice.
6.Security Deposit. In addition to the rent payment as provided above, FEDEX shall
maintain with the COUNTY, the sum deposited, to-wit: an amount of Twenty-five Hundred Dollars
($2,500.00), which the COUNTY will hold as a security deposit. In the event of any breach by
FEDEX of any of the terms of this agreement, including any failure to timely pay any rent due, the
COUNTY may draw upon the monies held by the COUNTY as security, to pay and cover any amounts
due and owing from FEDEX.
7. Landing Fees. Landing fees shall be assessed at a rate to be established by the
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CountyÓs approved, updated Rates and Charges Study, subject to an adjustment on each October 1 for
the term of the lease, .
The landing fees shall be computed at $3.97 effective 10/1/2023, $3.83 effective 10/1/2024 and
$5.15 effective 10/1/2025
FEDEX shall report to the Monroe County Board of County Commissioners, not later than the
10th day of each month, FEDEXÓs Actual Revenue Trip Arrivals at the Airport during the preceding
calendar month, which shall include the number and type of such arrivals. The number of arrivals so
operated, multiplied by the applicable approved maximum gross landing weights for each type of
aircraft, shall determine the weight for which the monthly payment shall be made.
The term Ðapproved maximum gross landing weightÑ for any aircraft as used herein, shall be
the maximum gross landing weight approved by the Federal Aviation Administration for landing such
aircraft at the AIRPORT herein. FEDEX provides service to Key West, Florida utilizing a Cessna 208
Caravan. While this aircraft is owned by FEDEX, it is leased to and operated by Mountain Air Cargo
(MAC) based in Denver, North Carolina. As such, MAC is responsible for all the operating expenses
related to aircraft, including landing fees. Within fifteen (15) days after its receipt of written notice that
MAC is unable to satisfy its obligations hereunder, FEDEX will assume the responsibility for ensuring
that all payments and contractual agreements are maintained or vacate the premises and this lease shall
be terminated upon 30 days written notice.
8.Leasehold Improvements and Use. FEDEX shall have the right to occupy the Air
Cargo building containing two thousand, nine hundred, seventyÎthree (2,973) sq. ft. of gross building
area, and nine thousand, five hundred ninety (9,590) square feet of open land adjacent to the Air Cargo
building, plus the aircraft apron, as indicated on the drawing labeled as Exhibit ÐAÑ attached hereto
and made a part hereof.
FEDEX has the right during the term hereof, at its own expense, at any time from time to time,
to install, maintain, operate, repair and replace any and all trade fixtures and other Airport personal
property useful from time to time in connection with its operation on the Airport, all of which shall be
and remain the property of FEDEX and may be removed by FEDEX prior to or within a reasonable
time after expiration of the term of this agreement; provided, however, that FEDEX shall repair any
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damage to the premises caused by such removal. The failure to remove trade fixtures or other personal
property shall not constitute FEDEX a hold over, but all such property not removed within ten (10)
days after FEDEX receives a written demand for such removal shall be deemed abandoned and
thereupon shall become the sole property of the Airport.
FEDEX shall cause to be removed any and all liens of any nature arising out of or because of
any construction performed by FEDEX or any of its contractors or subcontractors on the leased
premises or because of the performance of any work or labor upon or the furnishing of any materials
for use at said premises, by or at the direction of FEDEX.
FEDEX may only utilize the leased building to provide counter space for members of the
public desirous of using FEDEXÓs cargo and package services and for the operation of a business
engaged in the transportation of cargo and other property. While premises are leased to FEDEX for
parking, FEDEX shall not park or place automotive vehicles in any space on the premises unless it has
been designated by the COUNTY for parking. The COUNTY shall cooperate with FEDEX in
designating a reasonable number of parking spaces to accommodate FEDEXÓs business traffic.
9. Common Areas. FEDEX shall have the right to use, in common with others, the
Airport space and facilities to permit landing, taking off, loading, unloading and servicing of FEDEXÓs
aircraft, subject to reasonable rules and regulations of COUNTY as to the use of such common spaces
and facilities.
10. Right of Ingress and Egress. FEDEX, its 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 the COUNTY.
11. Utilities. FEDEX shall be responsible for the payment of electrical service, water
service, and any similar utility services as needed. In addition to rent and other charges, FEDEX shall
pay a trash collection fee of Two Thousand, Ninety-Five Dollars and 13/100 Cents ($2,095.13) per
annum, paid monthly with the rent.
12.Assignment. The premises leased hereunder along with the improvements thereon
may not be sublet and this lease may not be assigned without the written consent of the COUNTY.
13.Maintenance of Premises. COUNTY shall be responsible for and shall properly
maintain the Air Cargo building structure, roof, roof membrane and slab, the parking lots, fencing and
asphalt and concrete pads. COUNTY shall also be responsible for and shall properly maintain the
generator to connect the FEDEX facility to emergency backup power. FEDEX shall be responsible for
and shall properly maintain the interior of the leased premises, including exterior glass and all doors
and as well the mechanical (HVAC) equipment 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. FEDEX is responsible for properly securing any portion of the premises being
remodeled or under construction.
14.Inspection and Maintenance of Premises by County. 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 FEDEX has complied and is
complying with the terms and conditions of this agreement with respect thereto;
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b)to perform essential maintenance, repair, relocation, or removal of existing
underground and overhead wires, pipes, drains, cables and conduits now located on or across the
leased premises, and to construct, maintain, or repair such facilities, provided however, that said work
shall in no event unduly interfere with the operations of FEDEX and, provided further, that the entire
cost of such work, including but not limited to the cost of rebuilding, removing, relocating, protecting
or otherwise modifying any fixed improvements at any time erected or installed in or upon the leased
premises by FEDEX, the COUNTY or third parties, as a result of the exercise by the COUNTY of its
rights hereunder, and all damage to such fixed improvements caused thereby, shall be borne by the
COUNTY.
15.Insurance Requirements
a)FEDEX will obtain or possess the following insurance coverages and will
provide Certificates of Insurance to COUNTY to verify such coverage;
Commercial General Liability. FEDEX shall provide coverage for all premises
and operations including Contractual, Products, and Completed Operations, and
Personal/Advertising Injury. The limits shall not be less than;
$5,000,000 Combined Single Limits (CSL) or its equivalent
If split limits are provided, the minimum limits acceptable shall be;
$5,000,000.00 per occurrence,
$500,000 per person,
$100,000 Property Damage
The General Aggregate limit shall either apply separately to this agreement or shall be
at least twice the required occurrence limits.
Business Automobile Liability. FEDEX shall provide coverage for all owned,
non-owned and hired vehicles with limits of not less than;
$5,000,000 CSL or its equivalent
If split limits are provided, the minimum limits acceptable shall be;
$5,000,000 per occurrence
$500,000 per person
$100,000 Property Damage
Commercial Aviation Liability. FEDEX will provide coverage for limits of not
less than $30,000,000.00 CSL, including passengers, or its equivalent.
WorkerÓs Compensation. FEDEX shall provide coverage with limits sufficient
to respond to the applicable state statutes.
EmployerÓs Liability. FEDEX shall provide EmployerÓs Liability insurance with
limits of not less than;
$1,000,000 Bodily Injury by Accident,
$1,000,000 Bodily Injury by Disease, policy limits and
$1,000,000 Bodily Injury by Disease, each employee.
Property Insurance. FEDEX shall provide coverage for all leased and/or owned
assets (inclusive of any leased premises) including betterments and improvements governed by
this agreement with limits no less than the Replacement Cost Value of the leased premises and
as a minimum shall include coverages consistent with the latest version of the Special Form as
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filed by the Insurance Services Office (ISO) and shall include as a minimum coverage for
claims arising out of Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightning,
Sinkhole Collapse, Smoke, Aircraft and Vehicle Damage, Vandalism, Falling Objects,
Explosion and Flood.
b)The Monroe County Board of County Commissioners will be included as
ÐAdditional InsuredÑ on all policies, except for WorkerÓs Compensation.
In addition, the Monroe County Board of County Commissioners shall be named
as loss payee on any property insurance placed on the leased facilities.
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 (30) days prior
notification is given to the COUNTY by the insurer.
d)The acceptance and/or approval of FEDEXÓS insurance shall not be construed as
relieving FEDEX from any liability or obligation assumed under this lease or imposed by law.
e)FEDEX 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 36.
Any deviations from these General Insurance Requirements must be requested in
writing on the COUNTY prepared form entitled, ÐRequest for Waiver of Insurance RequirementsÑ and
be approved by Monroe County Risk Management.
16.Books, Records and Documents. FEDEX shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of seven
years from the termination of this agreement or for a period of three years from the submission of the
final expenditure report as per 2 CFR §200.334, whichever is greater. Each party to this agreement or
their authorized representatives shall have reasonable and timely access to such records of each other
party for public records purposes during the term of the agreement and for four (4) years following the
termination of this agreement. The COUNTY, acting through its Finance Director or other authorized
representative, shall have the right to inspect and audit FEDEXÓs books of accounts and other records
directly generated at the Key West International Airport facility or otherwise pertaining to this
agreement. Knowingly furnishing the COUNTY a false statement of its Actual Revenue Trip Arrivals
under the provision hereof will constitute a default by FEDEX of this agreement and the COUNTY
may, at its option, declare this lease terminated. FEDEX retains the right to have its controller or a
representative assigned by its controller to be present during any inspection or audit by the COUNTY.
Ten (10) business daysÓ notice must be given of intent to audit by the COUNTY to allow FEDEXÓs
controller sufficient time to schedule said presence. Nothing contained within this section waives
attorney/client or attorney work product privilege.
17.Governing Law, Venue, Interpretation, Costs, and Fees. 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
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FEDEX agree that venue will lie in the appropriate court or before the appropriate administrative body
in Monroe County, Florida.
The COUNY and FEDEX 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.
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 FEDEX 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. AttorneyÓs Fees and Costs. The COUNTY and FEDEX 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
attorneyÓs fees, court costs, investigative and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorneyÓs fees, court 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. Binding Effect. The terms, covenants, conditions, and provisions of this
agreement shall bind and inure to the benefit of the COUNTY and FEDEX 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.
22.Claims for Federal or State Aid. FEDEX 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.
23. Adjudication of Disputes or Disagreements. COUNTY and FEDEX 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 thirty (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
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 FEDEX agree to participate, to the extent required by the other party, in all proceedings, hearings,
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processes, meetings, and other activities related to the substance of this agreement or provision of the
services under this agreement. COUNTY and FEDEX 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 otherÓs partyÓs participation in accordance with the terms of this section shall pay all
reasonable expenses incurred by the other party by reason of such participation.
25.Nondiscrimination. FEDEX and COUNTY 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. The parties
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 VII of the Civil Rights Act of 1964
(PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex,
and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of
disability; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), 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 (PL 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public
Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC §§ 3601 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 §§ 12101 Note), as
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex,
religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial
status or age; and 11) All 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; and 12) 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. The COUNTY and FEDEX 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 the only interest of each is to perform and
receive benefits as recited in this agreement.
27. Code of Ethics. The 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 oneÓs agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
28. Public Access. The COUNTY and FEDEX 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
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COUNTY and FEDEX in conjunction with this agreement; and the COUNTY shall have the right to
unilaterally cancel this agreement upon violation of this provision by FEDEX. Nothing in this section
waives attorney/client or attorney work product privilege.
29.Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 786.28, Florida
Statues, the participation of the COUNTY and the FEDEX in this agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government 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.
30.Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workersÓ
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.
31.Legal Obligations 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 constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, State
Statute, and case law.
32. Non-Reliance by 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
FEDEX agree that neither the COUNTY nor FEDEX 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.
33.Attestations. FEDEX 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, a Vendor Certification Regarding Scrutinized Businesses and an Affidavit
Attesting to Noncoercive Conduct for Labor and Services.
34. 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.
35.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 signing any
such counterpart.
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36.Section Heading. 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.
37. Default. Unless the COUNTY has accepted a rental installment after it has
become due together with any applicable late payments and penalties, the failure to pay rental
installments when due shall constitute a default under the terms of this lease. The failure to pay any
other charges or fees when due under this lease shall constitute a default. Further, the failure of
FEDEX to perform any other of the covenants of this lease, which failure shall continue for a period of
fifteen (15) days, or for such longer period of time as may be reasonably required to rectify said failure
through the exercise of prompt, diligent and continuous action, after notice thereof is given to FEDEX
in writing by the COUNTY, shall also constitute a default under the terms of this lease. In the event of
a default, the COUNTY may, at its option, declare the lease forfeited and may immediately re-enter
and take possession of the leased premises and this lease shall terminate. If it shall be necessary to
employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of
its rentals, fees, or charges due, the COUNTY shall be entitled to reasonable attorneyÓs fees.
38.FAA REQUIREMENTS. The parties shall comply with FAA Required Lease
Clauses, which are listed in Exhibit B, attached hereto and made a part hereof.
39.AIRPORT SECURITY.
a.General. The Federal Transportation Security Administration is the federal agency primarily
responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant
provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code,
including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in
severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport
operator that the burdens and consequences of any security violations imposed upon the airport
operator as a result of actions by an airport tenant or the airport tenantÓs employees, agents, invitees, or
licensees shall be borne by the airport tenant.
b.Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport operator to
conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR
1540.5. Each signatory to this agreement, other than the airport operator, is an airport tenant.
c.Airport Operator Defined. As used in this agreement, airport operator means Monroe
County, Florida, its elected and appointed officers, and its employees.
d.Airport Property Defined. Airport property shall mean the property owned or leased by, or
being lawfully used by, the airport operator for civil aviation and airport-related purposes. For
purposes of this agreement, airport property is the property generally referred to as the Key West
International Airport, the Florida Keys Marathon Airport, or both as may be set forth in this agreement.
e.Inspection Authority. The airport tenant agrees to allow Transportation Security
Administration (TSA) authorized personnel, at any time or any place, to make inspections or tests,
including copying records, to determine compliance of the airport operator or airport tenant with the
applicable security requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq.
ЊЉ
f.Airport Security Program. The airport tenant agrees to become familiar, to the extent
permitted by the airport operator, with the Airport Security Program promulgated by the airport
operator and approved by TSA, and also agrees to conform itsÓ operations and business activities to the
requirements of the Airport Security Program.
g.Tenant Security Program. If permitted under TSA regulations, the airport tenant may
voluntarily undertake to maintain an Airport Tenant Security Program as referred to in 49 CFR
1542.113. If the airport tenant voluntarily promulgates an Airport Tenant Security Program that is
approved by TSA, such program, as may be amended and approved from time to time, shall be
automatically incorporated into this agreement.
h.Breach of Agreement. Should TSA determine that the airport tenant or one or more of the
airport tenantÓs employees, agents, invitees, or licensees has committed an act or omitted to act as
required, and such act or omission is a violation which results in TSA imposing a civil penalty against
the airport operator in accordance with TSAÓs Enforcement Sanction Guidance Policy, such
determination and imposition of a civil penalty by TSA shall be considered a significant breach of this
agreement.
(1)Minimum Violation. If the violation is the first or second violation attributed to the airport
tenant and is a civil penalty Ðminimum violationÑ as provided for in TSAÓs Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorneyÓs fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or
there are multiple violations in excess of two violations, that is or are a civil penalty Ðminimum
violation,Ñ the airport tenant shall pay to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited
to reasonable attorneyÓs fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right
to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after
receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator.
(2)Moderate Violation. If the violation is the first or second violation attributed to the airport
tenant and is a civil penalty Ðmoderate violationÑ as provided for in TSAÓs Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorneyÓs fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may
cause all of airport tenantÓs employees involved in the airport tenantÓs business operations on the
airport property to undergo such security training as may be required by the airport operator. The total
cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there
are multiple violations in excess of two violations, that is or are a civil penalty Ðmoderate violation,Ñ
the airport tenant shall pay to the airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or
taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorneyÓs fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel
ЊЊ
this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport
tenant of written notice of cancellation of this agreement by the airport operator.
(3)Maximum Violation. If the violation is the first violation attributed to the airport tenant
and is a civil penalty Ðmaximum violationÑ as provided for in TSAÓs Enforcement Sanction Guidance
Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred
by the airport operator, including any fines and penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorneyÓs fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may
cause all of airport tenantÓs employees involved in the airport tenantÓs business operations on the
airport property to undergo such security training as may be required by the airport operator. The total
cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there
are multiple violations, that is or are a civil penalty Ðmaximum violation,Ñ the airport tenant shall pay
to the airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorneyÓs fees and costs incurred
in the investigation, defense, compromising, mitigation, or taking of remedial action measures; and,
further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation
to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of
cancellation of this agreement by the airport operator.
(4)Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport
operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective
action to ensure that the same or similar violations do not recur. This policy is known as the TSA
Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations,
foster secure practices, and encourage the development of internal evaluation programs. The airport
tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport
operator. Should the TSA ultimately determine that the violation was committed by the airport tenant,
or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the
issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the
airport operator the total costs incurred by the airport operator in investigating, defending, mitigating,
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorneyÓs fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action
measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a
breach of this agreement by the airport tenant.
(5)Survival of Subsection. This subsection shall survive the cancellation or termination of
this agreement and shall be in full force and effect.
40.Hold Harmless; Indemnification; Defense; Release; Survival. Notwithstanding any
minimum insurance requirements prescribed elsewhere in this agreement, FEDEX 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 federal law or regulation,
attorneyÓs fees and costs, court costs, fines and penalties) that may be asserted against, initiated with
ЊЋ
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity
of FEDEX or any of its employees, agents, contractors or other invitees on the Airport during the term
of this lease, (B) the negligence or willful misconduct of FEDEX or any of its employees, agents,
contractors or other invitees, or (C) FEDEX's 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 FEDEX). 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.
41.Rules and Regulations
A.COMPLIANCE. FEDEX 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. The Agreement is subordinate to the County's
obligations under federal aviation law and contractual commitments to the federal government. Upon
a formal written declaration by the Federal Aviation Administration ("FAA") that a term or provision
of the Agreement is inconsistent with federal aviation law or a contractual commitment to the FAA,
the impermissible term shall be severed, without affecting the remainder of the Agreement. The
parties may agree to amend the Agreement as provided herein as necessary to comply with the FAA's
formal written declaration.
B.VIOLATIONS. FEDEX agrees 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 allegation that
FEDEX, its agents, employees or invitees have violated any law, ordinance, regulation, rule or
directives described in 41(A) above.
42.Rights Reserved. Rights not specifically granted to FEDEX by this Agreement are
reserved to the COUNTY.
43.Mutual Review. This agreement has been carefully reviewed by FEDEX and the
COUNTY, therefore this agreement is not to be construed against either party on the basis of
authorship.
THE REMINADER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
ЊЌ
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EXHIBIT D
EQUIPMENT LIST
Electric Model EL3-S Aircraft Tug w/ Fixed Platform
Description
Electric powered aircraft tug for aircraft less than 16,000 lbs.
Dimensions:
Product Details
-mounted caster
-
Construction Details
Drive wheels capable of handling nosewheel weights up to 2000 lbs.
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MARSH USA, LLC.
SEE ATTACHED*
6410 Poplar Avenue, Suite 540
Memphis, TN 38119
Attn: Memphis.Certs@marsh.com, P# 866-966-4664
CN102713687--Prop-25-26
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FedEx Corporation and its subsidiariesSee Attached Schedule
Including Federal Express Corporation
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3620 Hacks Road
DPOUJOVFE!VOUJM
12/01/202512/01/2026
Building B, 3rd Floor
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Memphis, TN 38125
UIJT!SFQMBDFT!QSJPS!FWJEFODF!EBUFE;
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Location: 3491 South Roosevelt Blvd. Key West, FL 33040
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SEE ATTACHED PAGE
Blanket Building
SEE ATTACHED PAGE
Blanket Personal Property
SEE ATTACHED PAGE
Business Income
SEE ATTACHED PAGE
Blanket Policies
SEE ATTACHED PAGE
Rental Value
All Risk of direct physical loss or damage to real and personal property on a replacement cost basis, subject to policy terms,
conditions and exclusions. Coverage Includes, but is not limited to fire, extended perils such as vandalism, malicious mischief,
flood, earthquake and boiler & machinery.
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Monroe County BOCC is/are included as additional insured when required by written contract. Key West International Airport is/are included as Loss Payee where
required by written contract.
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ATL-006123908-02
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Monroe County BOCC
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1100 Simonton St.
Key West, FL 33040
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FedEx Corporation and its subsidiaries
MARSH USA, LLC.
Including Federal Express Corporation
QPMJDZ!OVNCFS 3620 Hacks Road
Building B, 3rd Floor
Memphis,TN 38125
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