Loading...
Resolution 595-1989 RESOLUTION NO. 595 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE LEASE BY AND BETWEEN MONROE COUNTY AND ROCKLAND KEY INTERNATIONAL, INC. CONCERNING SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. 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., concerning 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 /1 t::J, day of O~nbe.,- , 1989, A.D. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /)j[.$;t ~4 Mayor/Chairman (Seal) ~ Attest: DANNY L. KOLHAGE, Clerk vQJi.~~.e APPROVED AS TO FORM AND LEGAL SUFFICIENCY. (h t"<- \ By ')\!'~\\J\. '\) X ',,~);}30.'<~ ')'\\}"}'~Ef0, AttorneX's Offl.ce - H:'~O~',,! ~ Z: Z d 6 L J::JO fiR ~~~. .' LEASE AGREEMENT THIS AGREEMENT, made and entered into this 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, Flor~da, 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 3l, 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 pe~sons 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 owped 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 condit~on 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 ~o 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^~ny 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 ~hall 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 Mayor/Chairman (SEAL) Attest: Clerk Signed, Sealed and Delivered ROCKLAND KEY in our Presence: INTERNATIONAL, INC. By AI'MOVED AS TO FORM AND LEGAL SUFFICIENCY.