HomeMy WebLinkAboutItem C06 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: C6
26-0689
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: NA STAFF CONTACT: Andrew Roltsch
AGENDA ITEM WORDING: Approval to advertise a public hearing for a budget amendment to
the One Cent Infrastructure Sales Surtax Fund 304 for Fiscal Year 2026.
ITEM BACKGROUND: The purpose of the proposed budget amendment is to bring forward fund
balance for purchase of the third Trauma Star Air Ambulance Helicopter (N91 I FK). The County took
receipt of two of the three Air Ambulance Helicopters during FY2025. However, due to production
delays, the County did not take possession of the third helicopter until 11/26/25. A budget amendment
is required to bring forward the FY2025 Trauma Star funding so the expenditure may be recorded in
the current fiscal year.
PREVIOUS RELEVANT BOCC ACTION:
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FAA Registration Application
Aircraft Sublease Agreement
Sublease Supplemental No 3.
FINANCIAL IMPACT: The requested budget amendment has no new financial impact to the
County. Funding for the air ambulance was already budgeted in FY2025. Due to the delay in delivery,
it is necessary to bring the funding forward to FY2026 so the purchase may be recorded in the current
fiscal year.
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: $12,830,900.00
Current Year Portion: $12,830,900.00
Budgeted: In FY2025, funding to be brought forward to FY2026
Source of Funds: 304-26001
CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Approval to advertiseis hearing fora budgeta tote One Cent
Infrastructure Sales Surtax Fund 304 for FiscalYear 2026.
Docusign Envelope ID:62F71 B61-D45E-4A17-A483-5996BDB31329 OMB Control Number:2120-0042
Expiration Date:10/31/2025
UNITED STATES OF AMERICA—DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION—MIKE MONRONEY AERONAUTICAL CENTER
AIRCRAFT REGISTRATION APPLICATION
1) UNITED STATES
REGISTRATION N 911 FK 5) TYPE OF REGISTRATION
NUMBER ❑ 1. Individual
[12. Partnership
2) AIRCRAFT
MANUFACTURER AugustaWestland Philadelphia Corporation ❑ 3. Corporation
❑ 4. Co-Owner
3) AIRCRAFT (Check one box.) 0 5. Government
MODEL AW 13 9 ❑ 7. Limited Liability Company(LLC)
❑ 8. Non-Citizen Corporation
4) AIRCRAFT ❑ 9. Non-Citizen Corporation Co-Owner
SERIAL 41606
NUMBER
6) NAME(S)OF APPLICANT(S)[Person(s)shown on evidence of ownership.If individual,give last name,first name and middle initial.]
Monroe County,Florida
7) TELEPHONE NUMBER: 305-292-3470 8) EMAIL ADDRESS: mercado-pedto@monroecounty-fl.gov
9) MAILING ADDRESS(Permanent mailing address for first applicant on list.)
NUMBER AND STREET: 1100 Simonton Street APT/SUITE NUMBER:
RURAL ROUTE: P.O.BOX
CITY: Key West STATE:(or foreign Florida ZIP: 33040
Y Province,State,Country)
10) PHYSICAL ADDRESS/LOCATION IF PO BOX,MAIL DROP OR RURAL ROUTE BOX USED FOR MAILING ADDRESS
NUMBER AND STREET:
DESCRIPTION OF LOCATION:
CITY: STATE:(or foreign ZIP:
Province,State,Country)
11) ❑ CHECK HERE IF YOU ARE ONLY REPORTING A CHANGE OF ADDRESS
12) CERTIFICATION
I/WE CERTIFY:
(1) That the above aircraft is owned by the undersigned applicant who is:(MUST CHECK AND/OR COMPLETE a,b,c,or d)
❑✓ a. A citizen of the United States as defined by 49 USC 40102(a)(15);
❑ b. A resident alien with alien registration(Form 1-551)
❑ c. A non-citizen corporation organized and doing business under the laws of and said aircraft
is based and primarily used in the United States. Records of flight hours are available for inspection at(provide complete physical address):
❑ d. A corporation using a voting trust to qualify. Enter name of trustee
(2) If box c or d above is checked,I,the below signed,certify that I am authorized,by the applicant shown above,to sign corporate documents and to
seek aircraft registration on behalf of the entity and that I will provide the same authorization if requested;
(3) That the aircraft is not registered under the laws of any foreign country;and
(4) That legal evidence of ownership is attached or has been filed with the Federal Aviation Administration.
ANY AND ALL SIGNATORIES OF THIS APPLICATION MUST READ THE FOLLOWING AND UNDERSTAND THAT,BY APPLYING
A SIGNATURE TO THIS DOCUMENT,THEY ARE SUBJECT TO THE REFERENCED STATUTES AND ASSOCIATED PENALTIES.
/we hereby certify that the information provided in,and in any attachments to,this application for aircraft registration is true,accurate and correct to the best of my/our
knowledge and belief. I/we understand that the FAA administrator will rely on the information I/we provide in determining my/our qualification for aircraft registration. I/we
understand that whoever,in any matter within the jurisdiction of any department or agency of the United States,knowingly and willfully falsifies,conceals,or covers up by
any trick,scheme,or device any material fact(s),statement(s),representation(s)or entry(ies)may be fined up to$500,000 or imprisoned for not more than five(5)years or
both(18 U.S.C.§§1001 and 3571). I/we understand that to knowingly and willfully:a)falsify or conceal a material fact;or b)use a document knowing it contains a false,
fictitious or fraudulent statement/entry;or c)provide any inaccurate,false statement/information can subject me to criminal prosecution(49 U.S.C.§46306),and the
registration of the subject aircraft may be delayed,denied and/or revoked.
NOTE: If executed for co-ownership,all applicants must sign.Use next page and add page(s)if necessary.
NAME OF APPLICANT: Monroe County,Florida
SIGNATURE
13) (DIGITAL OR INK): .�, �/�,�, DATE: 1 1-26-2025
TYPED/PRINTED NAME A8225EF74I35A4EA.,. TITLE:
OF SIGNER: Christine Hurley County Administrator
Except when the most recent registration of the subject aircraft is expired or cancelled,14 CFR 47.31(c)provides temporary authority for an airworthy U.S.aircraft to be
operated within the United States without registration when a copy of the signed aircraft registration application is carried in the aircraft. This temporary authority is valid
(i)until the applicant receives the Certificate of Aircraft Registration,(ii)until the date FAA denies the application,(iii)or as provided by paragraph(c)(2)of this section.
AC Form 8050-1(01/23)Supersedes Previous Edition Page 1
Docusign Envelope ID:A3701 D2A-F534-40F3-86E7-AF519396203B
AIRCRAFT SUBLEASE AGREEMENT
This Aircraft Sublease Agreement(the "Sublease Agreement") dated August 20, 2025 by and
between MONROE COUNTY,FLORIDA a political subdivision of the State of Florida,with offices
at 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as the "Sublessor") and
MONROE COUNTY SHERIFF'S OFFICE, a political subdivision of the State of Florida, with
offices at 10100 Overseas Highway,Marathon,Florida 33050 (hereinafter referred to as"Sublessee").
WITNESSETH:
WHEREAS, Sublessor has contracted with Agustawestland Philadelphia Corporation,a Delaware
corporation, ("Agustawestland")for the purchase of three(3)Agustawestland Model AW 13 9 helicopters,
each with two Pratt & Whitney Canada engines (together with all equipment and accessories attached
thereto or used in connection therewith, all of which are included in the term "Aircraft" as used herein)
pursuant to that certain Contract dated May 19,2023,between Agustawestland, as seller(the"Seller")and
Sublessor, as purchaser; and
WHEREAS, Sublessor is financing the cost of the acquisition of the Aircraft pursuant to that
certain Master Equipment Lease/Purchase Agreement, including Equipment Schedule No. 1, Helicopter
Addendum and related documents (collectively, the "Financing Documents"), each dated as of May 19,
2023,between Sublessor and Banc of America Public Capital Corp,in its capacity as lender and head lessor
thereunder(together with its successors and assigns,herein referred to as the"Lender"); and
WHEREAS, upon delivery of the Aircraft to Sublessor, Sublessee hereby desires to lease from
Sublessor the Aircraft on the terms and conditions as set forth herein; and
WHEREAS, Sublessor shall register the Aircraft in its name with the Federal Aviation
Administration("FAA"), evidencing Sublessor's ownership of the Aircraft; and
WHEREAS, Sublessee holds an air carrier certificate#GHEA423K, issued pursuant to Title 14 of
the USA's Code of Federal Regulations ("CFR's", formerly the Federal Aviation Regulations) at 14 CFR
Part 135 (the "Part 135 Certificate"), issued by the FAA, a copy of which is attached hereto as Exhibit
"A"; and
WHEREAS, Sublessee shall utilize the Aircraft solely as air ambulances conducting emergency
medical services pursuant to its Part 135 Certificate in support of Monroe County.
NOW, THEREFORE, in consideration of the monies, individual and mutual covenants as set
forth herein, the receipt and sufficiency of which the parties acknowledge, the parties hereby agree as
follows:
(1) Operational Control. The Aircraft are leased by Sublessor to Sublessee on an exclusive use basis,
with all command and control of the Aircraft solely remaining within the purview of Sublessee
pursuant to Sublessee's FAA issued Operation Specification number A008. All flight operations
will be conducted in accordance with Sublessee's Part 135 Certificate and all applicable regulations
and FAA issued Operation Specifications. The Aircraft shall be based in Monroe County,Florida
and shall be returned by Sublessee to the custody of the Sublessor at Sublessee's expense upon
termination of this Sublease Agreement. The parties acknowledge that Sublessee shall have full
operational control of the Aircraft, to include,but not be limited to, the exercise by Sublessee of sole
authority over crewing, maintenance, training initiation, continuation, diversion, or termination of
any flight in the interest of safety of the Aircraft, and the regularity and efficiency of the flight
Docusign Envelope ID:A3701 D2A-F534-40F3-86E7-AF519396203B
(collectively, "Operational Control").
(2) Term.The term of this Sublease Agreement shall commence on the date of delivery and acceptance
of the first Aircraft(the "Commencement Date")and expire on August 31, 2045, (the"Term").
(3) Rental Fee.The annual rental fee for each Aircraft shall be Ten and 00/100 US Dollars(US $10.00),
payable annually in advance, commencing for the first Aircraft on the Commencement Date and
on the delivery date for each additional Aircraft.
(4) Assignment. Sublessor shall not assign this Sublease Agreement to any third party while the
Financing Documents are in full force and effect. Sublessee shall not assign this Sublease
Agreement or any obligations or benefits hereunder to any third party while the Financing
Documents are in full force and effect, except with the prior written consent of Sublessor and the
Lender.
(5) Status. Sublessor hereby covenants and agrees with Sublessee that Sublessor shall at all times
maintain its status as a political subdivision of the State of Florida. Sublessor shall also maintain
its current registration of the Aircraft with the FAA and will comply with requirements of all other
appropriate governmental authorities having jurisdiction over the Aircraft. Sublessor and Lender
shall honor Sublessee's quiet use and enjoyment and Operational Control of the Aircraft(as defined
in paragraph 1 above) during the Term.
(6) Sublessee's Obligations. Sublessee hereby covenants and agrees with Sublessor that during the
entire Term of the Sublease Agreement:
(a) Sublessee shall maintain its status as a duly organized and validly existing political
subdivision in good standing under the laws of the State of Florida.
(b) Sublessee shall maintain current Part 135 Certificate status of all Aircraft with the FAA
and will comply with requirements of all other appropriate governmental authorities having
jurisdiction over all the Aircraft.
(c) Sublessee shall at all times keep all Aircraft insured by such company or companies as
Sublessor, Sublessee and Lender shall approve, according to applicable standard forms of
policy and which meet the requirements of the Financing Documents, and for the benefit
of Sublessor, Sublessee and Lender, as their interests may appear in order to at least fully
comply with the provisions of the Financing Documents,with FAA requirements and the CFR's
for commercial aircraft. During the Term Sublessor shall be named as an additional named
insured and so long as the Financing Documents are in full force and effect, (i) Sublessor
and Lender shall be named as Additional Insureds and Loss Payees of said policy or policies,
and each shall also be a beneficiary of said policy or policies and(ii) all insurance proceeds
received with respect to any casualty loss for the Aircraft shall be applied as required under
the Financing Documents.
(d) Sublessee shall maintain all the Aircraft in mechanical condition adequate to comply with
the laws,rules,orders,ordinances, and regulations of both the FAA and in compliance with
the Part 135 Certificate, and in accordance with the Financing Documents. Sublessee shall
make all alterations, modifications, and repairs (including replacement of parts and
equipment)to all said Aircraft that shall be necessary to keep and maintain them at all times
in airworthy condition and repair, and in condition and repair satisfactory to comply with
the requirements of the insurance carrier, the FAA, or their successors, or any
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governmental agency having jurisdiction over the Aircraft or its operations, and in
compliance with the Part 135 Certificate.
(e) Sublessee shall furnish, during the Term of this Sublease Agreement, qualified crew
certified to operate the Aircraft. The qualifications of said crew and their operation of all
Aircraft shall comply with all of the laws, rules, orders, ordinances, and regulations of
FAA, including by not limited to the FAA or their successors, and of any other country,
state, municipality, or duly constituted authority having jurisdiction over the use or
operation of said Aircraft by the crew or their qualifications, including but not limited to
the USA, and such qualifications and operation shall comply with the requirements of the
insurance carrier, and be in compliance with the Part 135 Certificate. Sublessee shall
indemnify and hold the Sublessor harmless from any and all fines, forfeitures, or penalties
arising out of any violation thereof.
(f) Sublessee shall comply with all laws,rules,orders,ordinances, and regulations of the FAA
and the Part 135 Certificate, and those of any other country, state, municipality, or duly
constituted authority having jurisdiction over the use, operation, or possession of an
Aircraft, and to the extent set forth by Florida Statute §768.28,will indemnify and hold the
Sublessor and Lender harmless from any and/or all fines, forfeitures or penalties arising
out of the violation thereof which are caused by the Sublessee. The Sublessee further
agrees not to use or operate said Aircraft in violation of any such law,rule,order,ordinance,
or regulations,nor in violation of the requirements of the Part 135 Certificate.
(g) To the extent set forth by Florida Statute §768.28, Sublessee shall be responsible for and
indemnify Lender free and harmless from,any claim or clams of any kind whatsoever made
against all Aircraft or Lender and promptly pay any judgment for any and all liability for
personal injuries, death or property damages, or any of them,which arise or in any manner
are occasioned by the acts or sole negligence of Sublessee or its agents or employees, or
others in the custody, operation or use of, or with respect to, said Aircraft, including but
not limited to any damage or injury attributable to and the responsibility of the crew,or any
supporting crew or staff furnished by Sublessee.
(h) Sublessee shall ensure the Aircraft is not operated,used, or located outside the U.S.
(i) Sublessee shall ensure the Aircraft's primary hangar location is within Monroe County,
Florida.
(j) Sublessee shall be responsible for ensuring the Aircraft is not managed, used, chartered,
operated, piloted, equipped, maintained, repaired, modified, inspected, serviced, located,
leased, subleased, assigned, interchanged, conveyed, encumbered, or transferred, or
otherwise disposed of in a manner inconsistent with the Financing Documents.
(7) Mutual Covenants. It is hereby mutually covenanted and agreed to between the parties as follows:
(a) Lender's rights and interests in the Aircraft (or any portion thereof) shall remain in full
force and effect and senior in all respects to any right,title, or interests of the Sublessor or
Sublessee in or to the Aircraft (or any portion thereof or any other collateral) shall not be
released, impaired, discharged, waived, diminished, prejudiced or otherwise adversely
affected in any way whatsoever and Lender has not agreed to release, impair, discharge,
waive, diminish, prejudice or otherwise adversely affect in any way whatsoever Lender's
rights and interests in the Aircraft,notwithstanding this Sublease Agreement,the Financing
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Documents and/or any rights, title or interest of Sublessor and/or Sublessee contained in
any of the same.
(b) Sublessor shall remain primarily and fully responsible for all of its obligations under the
Financing Documents notwithstanding any provision of this Sublease Agreement.Without
limiting the foregoing, Sublessee shall remain responsible for (a) obtaining and
maintaining all of the insurance coverages required under the Financing Documents, in
strict accordance with the provisions thereof,and(b)providing evidence satisfactory to the
Lender of such insurance as and when such evidence is required by the Financing
Documents.
(c) Upon the occurrence of any event of non-appropriation or event under the Financing
Documents (whether or not arising hereunder), Lender shall have the right at its sole
election to exercise any and all of its rights, powers and remedies under the Financing
Documents, including, without limitation, its right to request return of the Aircraft,
notwithstanding any rights or interests of Sublessor or Sublessee. Each of the Sublessor
and Sublessee agrees to cooperate with Lender's exercise of such rights, powers and
remedies, including the return of the Aircraft to Lender. Sublessor shall be liable for any
costs, charges, or expenses incurred by Lender in enforcing or protecting its rights under
this Sublease Agreement.
(d) No material provision of this Sublease Agreement shall be modified or waived if such
modification or wavier either causes this Sublease Agreement to be inconsistent with the
Financing Documents or impairs the Lender's rights under the Financing Documents.
(e) The rights of the Sublessee (and any charter or other party, person or entity of any kind
whatsoever claiming through Sublessor) with respect to the Aircraft shall be subject and
subordinate in all respects to Lender's rights to and interest in the Aircraft, including all its
rights and remedies under the Financing Documents and any related agreements.
(8) Events of Default and Remedies.
(a) Events of Default.Upon the happening of any of the events set forth below(each an"Event
of Default"), Sublessor shall have the remedies set forth in paragraph(b)hereof:
(i) failure by Sublessee to pay any Rental Payment or other payment required to be
paid within ten(10) day of the date when due specified therein;
(ii) failure by Sublessee to maintain its Part 135 certificate;
(iii) failure by Sublessee to observe and perform any covenant, condition or agreement
contained in this Sublease Agreement or the Financing Documents on its part to
be observed or performed,except as referred to in subsections(i)-(111) above, for a
period of thirty(30) days after written notice specifying such failure;
(iv) any statement,representation or warranty made by Sublessee in or pursuant to this
Sublease Agreement or its execution, delivery or performance shall prove to have
been false, incorrect, misleading, or breached in any material respect on the date
when made;
(v) the Aircraft is made the subject of a conditional sales agreement, is sold, a lien or
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encumbrance is placed thereon, except as provided in the Financing Documents;
or
(vi) bankruptcy proceedings are filed by or against the Sublessee, or Sublessee enters
into a re-organization or assignment for the benefit of creditors, or a receiver is
appointed to control or manage any property of Sublessee.
(b) Remedies. Upon an Event of Default, Sublessor shall have the option to terminate this
Sublease Agreement by giving written notice of such to Sublessee, whereupon Sublessee
shall deliver the said Aircraft to the place and at the time as so designated by Sublessor and
reimburse Sublessor for any and all costs and expenses(including attorneys or professional
fees)incurred by reason of Sublessee's breach or default.
(9) Books, Records and Documents. Sublessee 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(5) five years
from the termination or completion of this Agreement. Each party to this Agreement or its
authorized representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and for (5)
five years following the termination or completion of this Agreement.
(10) Nondiscrimination. The parties 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, where such statutes apply, 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 8 8-3 52),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 handicaps; 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), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14,
Article II, which prohibits discrimination on the basis of race, color, sex, religion,national origin,
ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other
nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or
the subject matter of,this Agreement.
(11) Covenant of No Interest. Sublessee and Sublessor 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 only interest of each is to perform and receive benefits
as recited in this Agreement.
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(12) Public Access. Sublessor and Sublessee 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 Sublessor and
Sublessee in conjunction with this Agreement;and the Sublessor shall have the right to unilaterally
cancel this Agreement upon violation of this provision by Sublessee.
(13) Indemnification/Non-waiver of Immunity. The Sublessee,as a state agency or subdivision defined
in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such
statute for its own negligent acts or omissions,or intentional tortuous actions,which result in claims
or suits against either Sublessor or Sublessee, and agrees to be liable to the statutory limits for any
damages proximately caused by said acts or omissions, or intentional tortious acts.
The Sublessor, as a political sub-division of the State of Florida, as defined in Section 768.28,
Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its own
negligent acts or omissions,or intentional tortuous acts,which result in claims or suits against either
the Sublessee or Sublessor, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any protections
under sovereign immunity, Section 768.28 Florida Statutes, or any other similar provision of law.
Nothing contained herein shall be construed to be a consent by either party to be sued by third
parties in any matter arising out of this or any other Agreement.
(14) 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 Sublessee and Sublessor
agree that neither the Sublessee nor Sublessor nor 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.
(15) 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 the parties in his or her
individual capacity, and no member, officer, agent or employee of the parties shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of
the execution of this Agreement.
(16) Binding_ Effect. The terms,covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the Sublessor and Sublessee and their respective legal representatives,
successors, and assigns.
(17) Governing Law. This Sublease Agreement shall be interpreted and constructed in accordance with
the laws of the State of Florida,and the parties hereto accept jurisdiction in Monroe County,Florida.
Should litigation be necessary in order to enforce any of the provisions of this Sublease Agreement
the prevailing party shall be entitled to reasonable attorneys' fees, including through the appellate
process.
(18) Severability.In the event any portion of this Sublease Agreement conflicts with the law under which
this Sublease Agreement is to be constructed, or if any such provision shall be held invalid by
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the court having jurisdiction over the parties to this Sublease Agreement, then such provision
shall be deleted from this Sublease Agreement, and the Sublease Agreement shall be construed to
give effect to the remaining provisions thereof.
(19) Operational Control. THE OPERATIONAL CONTROL OF THE AIRCRAFT SHALL BE
THE COMPLETE RESPONSIBILITY OF THE SUBLESSEE PURSUANT TO ITS PART
135 CERTIFICATE. ITS DESIGNATED CREW, AND THE SUBLESSEE HEREBY
UNDERSTANDS AND IS FULLY COGNIZANT AND AWARE OF ITS
RESPONSIBILITIES FOR COMPLIANCE WITH THE APPLICABLE CFR'S AND
AGREES TO PROVIDE A STATEMENT OF SUCH UPON THE REQUEST OF
SUBLESSOR OR ANY OTHER GOVERNMENTAL OFFICER HAVING JURISDICTION
OVER THE OPERATIONS OF THE AIRCRAFT. AN EXPLANATION OF THE FACTORS
BEARING ON THE OPERATIONAL CONTROL AND PERTINENT CFR'S CAN BE
OBTAINED FROM THE NEAREST FAA OFFICE OR FLIGHT STANDARDS DISTRICT
OFFICE.
(20) Waiver of Claims. SUBLESSEE EXPRESSLY AGREES TO WAIVE ANY AND ALL
CLAIM IT MAY HAVE TO WITHHOLD THE AIRCRAFT FROM SUBLESSOR IN THE
EVENT THAT SUBLESSOR, IN ITS SOLE DISCRETION, ELECTS TO HOLD
SUBLESSEE IN DEFAULT OF THIS LEASE AGREEMENT, AND SUBLESSEE SHALL
NOT BE PERMITTED TO INTERFERE WITH THIS POSSESSION, NOR THE RETURN
OF THE AIRCRAFT TO SUBLESSOR IN THE EVENT OF SUCH DECLARATION OF
DEFAULT BY SUBLESSOR.
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IN WITNESS WHEREOF, the parties hereto have executed this Sublease Agreement the date
first herein written.
SUBLESSOR: SUBLESSEE:
Monroe County,Florida Monroe County Sheriffs Office
1100 Simonton Street, Suite 2-213 5525 College Road
Key West, Florida 33040 Marathon, Florida 33050
Attention: County Administrator Attn: General Counsel
Fax No.: (305) 292-4515 Fax No: (305) 292-7070
e—Signed by: e—Signed by:
By: S(�h(t By: K'&A 4 ra*s�N
�--E5CD524943EA49F... �'—CD4AFHBE5074H... I
Name: Jim Scholl Name: Richard Ramsay
Title: Mayor Title: Sheriff
Docusign Envelope ID:A3701 D2A-F534-40F3-86E7-AF519396203B
EXHIBIT A
Monroe County Sheriff s Office FAA Part 135 Certificate
[see attached]
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.... ...........................................................MINAMMUNNAMW......A..................................
U.S. Department of
Transportation
Federal Aviation
Administration
A"r rrier Certi
l Cacate
This certifies that
Monroe County SherifPs Office
/bla Trama Star
10100 Overseas Highway
Marathon, Florida 33050
has met the requirements of the Federal Aviation Act of 1958, as amended,and the rules,regulations, and
standards prescribed thereunder for the issuance of this certificate and is hereby authorized to operate as an air
carrier and conduct common carriage operations in accordance with said Act and the rules, regulations, and
standards prescribed thereunder and the terns, conditions, and limitations contained in the approved
operations specifications.
This certificate is not transferable and,unless sooner surrendered, suspended, or revoked, shall continue in
effect indefinitely.
By Direction of the Administrator
ROBERT A Digitally signed by ROBERTA
ROBINSON
ROBI NSON Date:2024.11.14 W:15:32-05W'
G HEA423K Richard Falcon
Certificate number,
(Signature)
Effective date, November 1, 2002 Mana", r
Reissued: November 15, 2024 (Title)
Issued at F -S -FS -19 AFG-SO-FSDO-19
(Office)
.............. �� �rrrrwy.w
FAA For 8430-18 (04-1 ) Electronic Version (Adobe)
Docusign Envelope ID: 1ACA541 F-3727-4CC5-B4CE-618B83C11622
SUBLEASE SUPPLEMENT NO. 3
(MSN 41606; N911FK)
Dated: 11-26-2025 , 2025
PURSUANT TO THE AIRCRAFT SUBLEASE AGREEMENT (the "Sublease") dated as of August
201 2025, by and between MONROE COUNTY, FLORIDA a political subdivision of the State of
Florida, with offices at 1100 Simonton Street, Key West, Florida 33040 (hereinafter referred to as the
"Sublessor"), as sublessor, and MONROE COUNTY SHERIFF'S OFFICE, a political subdivision
of the State of Florida, with offices at 10100 Overseas Highway, Marathon,Florida 33050 (hereinafter
referred to as"Sublessee"),as sublessee,this Sublease Supplement No.3 is executed by the parties hereto
to confirm that on this 26th day of November 2025:
(i) the following described airframe:
Manufacturer: AugustaWestland Philadelphia Corporation
Model: AW 139 Helicopter
Manufacturer's Serial No.: 41606
U.S. Registration: N911 FK
(ii) together with the two(2)following described engines:
Manufacturer: Pratt& Whitney
Model: PT6C-67C
Manufacturer's Serial Nos.: PCE-KB2973
PCE-KB2975
(iii) M/R Blades: 41 AW7131
42 AW7252
43 AW7144
44 AW7166
45 AW7160
Main GB Assy AW3 8
M/R Hub Assy AW 1085
Tail GB Assy BBA5998
(iv) together with all aircraft documents and records, (collectively,the "Aircraft"),
were delivered by Sublessor to Sublessee and were accepted by Sublessee under and subject to the terms
and conditions of the Sublease.The parties hereto confirm that on the date hereof(i)the Aircraft(as defined
herein)was duly accepted by Sublessee for subleasing under the Sublease, (ii)the Aircraft became subject
to and governed by the provisions of the Sublease, (iii)the Sublease is in full force and effect, and (iv) all
the terms and provisions of the Sublease are hereby fully incorporated herein.
[Signature Page Follows]
Docusign Envelope ID: 1ACA541 F-3727-4CC5-B4CE-618B83C11622
IN WITNESS WHEREOF,the parties hereto have caused this Sublease Supplement No. 3 (MSN
41606; N911 FK) to be executed and delivered by their duly authorized representatives as of the day and
year above written.
SUBLESSOR: SUBLESSEE:
Monroe County,Florida Monroe County Sheriffs Office
1100 Simonton Street, Suite 2-213 5525 College Road
Key West, Florida 33040 Marathon,Florida 33050
Attention: County Administrator Attn: General Counsel
Fax No.: (305)292-4515 Fax No: (305)292-7070
Signed by: Signed by:
y: By: K&A4 ra*S!N
E5CD524943EA49F... CD4AFE56E5074H..
Name: Jim Scoll Name: Richard Ramsay
Title: Mayor Title: Sheriff