10/11/1989 Resolution
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RESOLUTION NO.
595
-1989
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A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR TO APPROVE THE
LEASE BY AND BETWEEN MON~OE COUNTY
AND ROCKLAND KEY INTERNATIONAL, INC.
CONCERNING SPACE AT THE KEY WEST
INTERNATIONAL AIRPORT.
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BE IT RESOLVED BY THE BOARD OF'COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board
is hereby authorized to approve an agreement by and between
Monroe County and Rockland Key International, Inc., conce~ntng
space at the Key West International Airport, a copy of same
being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on this //d day of Oc"nw- , 1989, A.D.
(Seal)
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ByP~~i ;/f1/~
Mayor/Chairman
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Attest: DANNY L. KOLHAGE, Clerk
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APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
By
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LEASE AGREEMENT
THIS AGREEMENT, made and entered into this II~ day of
~~~~~ , A.D. 1989, by and between MONROE COUNTY,
a political subdivision of the State of Florida, hereinafter
called the LESSOR, party of the first part, and ROCKLAND KEY
INTERNATIONAL, INC., whose address is 417 Eaton Street, Key West,
Monroe County, Florida, hereinafter called the LESSEE, party of
the second part.
WIT N E SSE T Hi
THE LESSOR of these presents leases unto said LESSEE a
parcel of land at Key West International Airport, Key West,
Monroe County, Florida, measuring 40 feet in width and 30 feet
in depth, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
THE LESSEE hereby covenants and agrees to pay the LESSOR
rent in the sum of Seven Hundred and 00/100 ($700.00) per year,
plus applicable sales tax, for the use of said premises during
the term of this lease, which said sum shall be payable annual-
ly, in advance.
TO HAVE AND TO HOLD that above described leased premises
unto the LESSEE for a period of twenty (20) years, commencing
November 1, 1989, A.D. through October 31, 2009, A.D. unless
sooner terminated as hereinafter provided.
THE LESSOR hereby covenants and agrees with the LESSEE as
follows:
1. The LESSEE shall have the right to erect a portable
aircraft hanger on the leased premises.
2. The LESSEE shall have reasonable ingress, egress and
access privileges to the leased premises.
3. The LESSEE, on keeping the covenants and agreements
by him herein contained, shall have quiet and peaceful enjoyment
of the demised premises without any interruptions by the LESSOR,
or by any person or persons claiming by, through or under it.
The LESSEE hereby covenants and agrees with the LESSOR as
follows:
A. To pay the LESSOR the rent at the times and in the
manner provided for by this Lease.
B. That no construction mortgage or lien of any nature
will be placed upon the hangar located on the leased premises.
C. That the said hangar shall be used only for the pur-
pose of housing airplanes and providing for the care, repair and
maintenance of such privately owned airplanes.
D. To pay all utilities, including gas, electricity,
water and garbage disposal charges, if any, as well as all in-
stallation charges that may be required for any such utilities.
E. To make no improper or unlawful or offensive use of
said premises, and to permit the LESSOR or its agents to inspect
the leased premises at all reasonable times for the purpose of
viewing the condition thereof.
F. LESSEE agrees to make leasehold improvements consist-
ing of, but not limited to, construction of concrete pad, hangar
and asphalt taxiway access. The cost for said improvements
shall total at least $22,200.00 and shall become the property of
the LESSOR at the termination of lease. All improvements shall
meet all applicable local, state and federal standards and codes
and shall be approved by the airport manager prior to commence-
ment of construction.
G. The LESSEE agrees to hold the LESSOR harmless from
any liability by reasons of his use of said hangar, including
any liability arising out of any accident incurred or caused
by his equipment, employees, invitees, guest, personnel and/or
facilities, and will maintain public liability insurance in a
reasonable amount sufficient to protect the LESSOR, but not less
than $100,000/$300,000.
H. In the event the LESSEE fails to pay any rental for
said premises upon the terms named, such failure shall be a
default of this lease. LESSOR may, at its option, immediately
or at any time thereafter, enter into and upon the premises
hereby leased or any part thereof and in the name of the whole,
and repossess the same of LESSOR'S former estate, and expel
LESSEE and those claiming by, through or under it, and remove
its effects, forcibly if necessary, without being deemed guilty
of trespass and without prejudice to any remedy which otherwise
might be used for arrears of rent or preceding breach of cove-
nant; on the re-entry aforesaid, this Lease shall terminate.
Further, if LESSEE fails to perform any of the other covenants
of this Lease and such default shall continue for fifteen (15)
days after notice thereof is given in writing by the LESSEE, or
failure to correct any violation shall continue for fifteen (15)
days after notice thereof is given in writing by the LESSOR, or
its agents or attorneys to said LESSEE, the LESSOR may, at its
option, forthwith declare this Lease forfeited, and may immedi-
ately re-enter and repossess said leased property, and any of
the rents prepaid hereunder shall be forfeited by the LESSEE,
and in no way shall effect the collection of any other damages
which may be due the LESSOR as a result of said defaults. In
the event LESSOR is obligated to participate in any court
proceeding in order to enforce any of its rights under this
paragraph or to collect its rentals, fees and charges, LESSOR,
if successful in pursuing such litigation, shall be entitled to
an additional amount in such sum as any District or Circuit
Court having competent jurisdiction shall determine as a reason-
able attorney's fee. LESSOR shall keep the Airport free of
obstructions, including the clearing and removal of grass,
stones, or other foreign matter, as reasonably necessary and
with reasonable promptness, from the runway, taxiway and loading
area, and immediately adjacent to such runways, taxiway and load-
ing areas for the safe, convenient and proper use of the Airport
by LESSEE, and shall maintain and operate the Airport in all
respects in a manner at least equal to the highest standards or
ratings issued by the Federal Aviation Administration.
It is mutually covenanted and agreed by and between the
LESSOR and LESSEE as follows;
1. That at the expiration of the term of this lease, the
LESSEE shall quietly and peaceable deliver up possession of the
leased premises, and that upon termination of said lease, title
to all improvements and hangar placed upon leased premises shall
become property of LESSOR.
2. LESSEE shall have first right of refusal of renewal
of said lease at such time as lease has expired, provided LESSEE
notifies LESSOR in writing of desire to negotiate renewal of
said lease not less than thirty (30) days in advance of expira-
tion date indicated.
3. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
4. This lease shall be automatically cancelled, and the
title to the improvements and hangar on the leased premises
shall revert to the LESSOR, should the LESSEE fail to occupy or
evidence that the premises are not abandoned for a continuous
period of any six (6) months during the term of this lease, not-
withstanding anything contained in paragraph 1 herein.
5. LESSEE shall have the right during the term of this
lease to sublet said shelter and land leased hereunder to anoth-
er person, upon approval of said by the LESSOR, provided said
LESSEE is not in default of any of the terms of this lease.
6. LESSEE shall, upon thirty (30) days written notice
from LESSOR, move said shelter from said leased premises if the
land is required to accommodate future airport develoPment or
for any other reason as determined by the FAA or LESSOR.
IN WITNESS THEREOF, the party of the first part has
caused these presents to be executed in its name, and the party
of the second part has signed these presents, in duplicate, all
as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Mayor/Chairman
(SEAL)
Attest: DANNY L. KOLHAGE, ~lerk
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Clerk
Signed, Sealed and Delivered
ROCKLAND KEY
in our Presence:
INTERNATIONAL, INC.
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APPROVED AS TO FORM r'
,Uf' I {'('ilL SUFFICIENCY.
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