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Resolution 090-1985 Art Skelly Director of Airports RESOLUTION NO. 090-1985 A RESOLUTION OF THE BOARD OF COUNTY COMl-US- SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE COUNTY OF MONROE, FLORIDA, AND THE UNITED STATES CUSTOMS SERVICE CONCERNING OFFICE SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute a Lease Agreement by and between the County of Monroe, Florida, and the United States Customs Service, a copy of same being attached hereto, concerning office space at the Key West International Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a r~gular meeting of said Board held on the 12th day of April, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA - . ~ By U,...~~~~... .. ayor alrman (Seal) Attest: DANN X L. KOUIAGE, Clerk /), -7'u~5A-1~, '. LEA S E THIS LEASE AGREEMENT made and entered into this day of , 1985, by and between the County of Monroe, State of Florida, a political subdivision of the State of Florida, hereinafter, referred to as "Lessor" and United States Customs Service hereinfter referred to as "Lessee". WIT N E SSE T H: WHEREAS, the Lessor is the owner of, that property known as - --_roo... ___ Key West International Airport, located in Monroe County, Florida, and WHEREAS, the Lessor desires to ente! into a Lease Agreement with the Lessee to provide for office space for the United States Customs Service. WHEREAS, the parties desire to put into writing the full and complete understanding between the Lessor and Lessee as concerns the use of a part of the Key West International Airport as office space for the United States Customs Service. NOW, THEREFORE, in consideration of the premises and as pur- suant to Section 6-13 of the Air Commerce Regulations that offi- cially lists Key West as an international airport and Section 6.l2(e) which provides for international airports to provide with- out cost to the Government suitable office and other space for the exclusive use of Federal officials connected with the port and of the mutual covenants and agreements that are contained herein. The ~essor does hereby grant and lease to the Lessee certain property, graphic description attached, located at the Key West International Airport. The lease agr~ement is for a period of five years, commenc- ing at that point in time immediately after both parties have signed the lease agreement. This lease is to be renewable after 5 years. Both Lessor and Lessee agree to the following: ARTICLE I - PREMISES A. Use of Space for Customs Office. A.l. Lessee shall have exclusive use of leased space for Cus- toms related activities and shall have the right to make repairs and improvements on the property. 1 A.2. Lessee shall maintain premises in a manner that is com- mensurate to that of the premises when this lease agreement com- menced. B. Leasehold. B,.l. The leasehold granted herein permits said Lessee to use said leasehold with respect to any and all privileges permitted and granted therein explicitly subject, however, to reasonable rules and regulations as promulgated by the Lessor. B. 2. Lessee agrees that..tlley will comply with any and -all requirements 'of the statutes, ordinances, rules, orders, regula- tion requirements of either the Federal, State and/or County or City governments and any and all departments, commissions, and bureaus which may have an application to Lessee's activities. B.3. The Lessee shall have the right of egress and ingress from and to said property. The right to egress and ingress shall extend to Lessee's employees as well as anyone who' Lessee allows, by its consent, to enter onto said premises. ARTICLE II - TEffi1 This lease and all the rights herein granted shall become operated and effective on the day of , 1985, and shall end and terminate on the day of 1990. It is understood that the term initially granted herein is for a period of five (5) years. ARTICLE III - RENT PAYMENT NOT REQUIRED Both Lessor and Lessee agree that ,there is to be no payment of rent for lease of said premises. ARTICLE IV - EXPENSES TO BE PAID BY LESSEE All taxes and assessments which may be lawfully levied by duly constituted taxing bodies upon the Lessee shall be paid by said Lessee. Lessee shall pay for any and all charges for the disposition of trash and garbage, provide janitorial service on these premises as well as electri~al power, water, and all other utilities re- quired and maintenance that is required to keep premises in a man- ner that is suitable to use by the public. 2 ,/ . ARTICLE V - U1PROVEHENTS REPAIRS AND OPERATION BY LESSEE A. Lessee shall have the right to make improvements on the property, but the improvement shall be made at the Lessee's ex- pense and with the Lessor's written approval. ~. Lessee agrees at his own cost and expense, to keep the demised premises, jixtures including winqows, screens, doors, walls, floor, pipes, plumbing, electrical wiring and fixtures in good re- pair and clean condition; and will at his own cost and expense, make . all repairs inside and outsJde.....,,,. to preserve them in good order and condition. C. The Lessor may repair, at the expense of the Lessee, all damage or injury to the demised premises., or to its fixtures, ap- purtenances or equipment done by the Lessee or his servants, em- ployees, agents, visitors, or'licensees, or caused by'moving pro- perty of the Lessee in and/or out of the building or by the in- stallation or removal of furniture or other property, or resulting from fire, short circuits, the overflow or leakage of water, steam, illuminating' gas, sewer or odors, or by frost or by the bursting.or leaking of pipes or plumbing works or gas, or from any other cause, due to the carelessness negligence or improper conduct of the Lessee or his servants, employees, agents, visitors, or licensees. There shall be no allowance to the Lessee and no liability on the part of the Lessor by reason of inconvenience, annoyance or injury to busi- ness, removal or loss of property, arising from the making of any repairs, alt~rations, additions or improvements in, or to, any por- tion of the building or the demised premises, or in, or to, the fix- tures, appurtenances or equipment. The Lessor' or its agents have made no representations or prom- ises with respect to the said building or the demised premsies except as herein expressly set forth. The taking of possession of the demised premises by the Lessee shall be conclusive evidence, as against him, that said premises and the building of which the same form a part were i~ good and satisfactory condition at the time such possession was taken. ARTICLE VI - RULES AND REGULATIONS Lessor shall have the right to and shall adopt and enforce 3 reasonable rules and regulations, which Lessee agrees to observe and obey, with respect to the use of the Airport and appurtenancesj provided that such rules and regulations shall not be inconsistent with this agreement nor with the safety and with rules, regulations and oLders of the Federal Aviation Administration with respect to aircraft operations at the Airport, with ,procedures prescribed or approved from time to time by the Federal Aviation Administration with respect to aircraft. operations of at the Airport. Lessor shall provide Lessee with a copy of such rules and regu- lations from time to time. ARTICLE VII - DAMAGE OR DESTRUCTION OF PREMISES In. the event the premises shall be partially damaged by fire, explosion, the elements, the public enemy or other casualty, but not rendered untenantable, the same shall be repaired with due diligence by Lessor at his own cost and expense. If the damage shall be so extensive as to render such premises untenantable but capable of being repaired within thirty (30) days, the same shall be repaired with due diligence by Lessor at its own cost and expense. In case the premises are completely destroyed by fire, explosion, the elements, the public enemy or other casu~lty, or so damaged that it will or does remain untenantable for more than (30) days, the Lessor shall be under no obligation to repair and reconstruct the premises. If within ninety (90) days after such damage or destruc- tion Lessor fails to notify Lessee of its intention to repair or reconstruct ~he damage or destroyed premises or to furnish a sub- stantially equivalent facility, Lessee may give Lessor written notice of its intention to the~ cancel this agreement in its entirety or to cancel, as of the date of such damage or destruction, such part of this agreement as relates only to said premises. ARTICLE VIII - CANCELLATION BY LESSOR Lessor may cancel this agreement by giving Lessee sixty (60) days advance written notice, which is to be served upon Lessee. ARTICLE IX - CANCELLATION BY LESSEE Lessee may cancel this agreement by giving Lessor sixty (60) days advance written notice, which is to be served upon Lessor. 4 (1.) Lessee may cancel lease upon inability to use leased premises because of fire, explosion, earthquake, other casualty or acts of God, provided that same is not caused by the negligence or willful acts or failure to act on part of Lessee. (2.) Lessee may cancel lease upon default by the Lessor and the failure of the Lessor to remedy such ,default for a period of ninety (90) days after receipt from Lessee of written notice to remedy the condition. ARTICLE X - INDEMNITY Lessee agrees fully to indemnify, save and hold harmless the Lessor from and against all claims and actions and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their pro- perty, caused by the negligence of Lessee, its agents or employees, in the use or occupancy of the said leased. premises by Lessee; pro- vided, however, that Lessee shall not be liable for any injury or damage or loss occasioned by the negligence of Lessor, its agents or employees'j and provided, further that Lessor shall give to Lessee prompt and reasonable notice of any such claims or actions and Les- see shall have the right to investigate" compromise and defend the same. Lessee agrees to carry and keep in force public liability insurance covering personal injury and property damage, and such other insurance as may be necessary to protect Lessor herein from such claims and actions aforesaid, Lessee agrees to carry and keep in force suc4 insurance with minimum limits of liability for per- sonal injury in a sum not less than $500,000 for anyone person, and $1,000,000 for any one ~ccidentj and for property damage in a sum not less than $200,000;' and to furnish Lessor with proper certifi- cates certifying that such insurance is in force. Lessee shall carry its insurance coverages with insurance companies authorized to do business in the State of Florida. The Lessee in providing insurance required herein shall make the Lessor a coinsured party thereto. All personal property placed or moved in the premises above described shall be at the risk of the Lessee or Owner thereof, and Lessor shall not be liable for any loss of or damage to said per- 5 sonal property, nor shall Lessor be liable to the Lessee for damages arising from any act of negligence of any co-tenant, or of any other person whomsoever, except as stipulated hereinabove. ARTICLE XI - QUIET ENJOYMENT Lessor agrees that after both parties-have signed this lease and performance of. the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably have and enj oy the leased premises and all rights. and privileges of said Airport, its appurtenances . and. facilities granted herein. ARTICLE XII - SURRENDER OF POSSESSION Upon the expiration or other termination of this lease or any renewal. thereof, Lessee's right to use the premises, facilities, rights, licenses, services and privileges herein leased shall cease and Lessee shall forthwith upon such expiration or termination sur- render the same. Except as otherwise provided in the agreement, all structures, fixtures, furnishings, improvements, equipment and other property bought, installed, erected or placed by Lessee in, on or about the Airport and premises leased under this lease shall be deemed to be personal and remain the property of the Lessee and Lessee shall have the right at any time during the term of this agreement, or any re- newal or extension hereof, to remove any or all of its property from the premises. Lessee shall restore said premises to its original condition as at the beginning of occupancy, ordinary wear and tear, damage by elements, fire, explosion or other cause beyond control of Lessee excepted. ARTICLE XIII- INSPECTION BY LESSOR Lessor may' enter upon the premises now or hereafter leased exclusively to Lessee hereunder at any reasonable time for any purpose necessary, incidental to or connected with the performance of its obligations hereunder, or in the exercise of its govern- mental functions. All such inspections shall be during business hours. ARTICLE XIV - ASSIGNMENT AND SUBLETTING Lessee shall not at any time assign this agreement or any part thereof, nor sublet all or any portion of the leased premises herein 6 without written approval of Lessor; provided that the foregoing shall not prevent the assignment of this agreement to any cor- poration with which Lessee may merge or consolidate, or which may succeed all or any portion of the business of Lessee. ARTICLE XV Notice to Lessor provided herein shall be sufficient if sent by certified mail, postage prepaid, addressed to: A. R. Skelly Director of Airport Monroe County Key West International Airport South Roosevelt Boulevard Key West, Florida 33040 and notice to Lessee, if sent by certified mail, postage prepaid, addressed to: Harry W. Carnes District Director United States Custom Service for the Miami Area 77 South East 5th Street Miami, Florida 33131 or to such other respective addresses as the parties may designate to each other in writing from time to time. ARTICLE XVI - INVALID PROVISIONS In the event any covenants, conditions, or provision herein contained is held to be invalid by any court of competent juris- diction the invalidity of any such covenant, condition or pro- vision shall ,in no way affect any other covenant, condition or provision herein contained; provided that the invalidity of such covenant, condition or provision does not materially prejudice either Lessor or Lessee'in its respective rights and obligations contained'in the valid covenants, conditions, or provisions of this lease. 7 -/ . IN WITNESS WHEREOF, the parties hereto have caused this lease to be executed as of the day and year first above written. COUNTY OF MONROE, STATE OF FLORIDA By , MAYOR/CHAIRMAN OF MONROE COUNTY (Lessor) (S EAL) Attest: CLERK UNITED STATES CUSTOMS IN MIAMI AREA By HARRY CARNES, DISTRICT DIRECTOR (Lessee) WITNESSES APPRGVED AS TO FOHM ." Ae[';GAL SUFF~IE;ct:.J~' BY /-^IA..,( (2, ,.~_ q. .....C . 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