Resolution 226-1984
Art Skelly
Director of Airports
RESOLUTION NO. 226-1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE AGREE-
MENT BY AND BETWEEN TONY MURGUIA AND THE
COUNTY OF MONROE, STATE OF FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
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 Tony Murguia and the
County of Monroe, State of Florida, 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 the 7th day of September, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF2 MONRO,E OUNTY, FLORIDA
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B J?-r7- <::,
Y --"'Mayorr C al.~
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
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BY
LEASE AGREEMENT
THIS INDENTURE, made and entered into this day of
, A.D. 1984, by and between the County of Monroe,
State of Florida, a political subdivision of the State or
Florida, hereinafter called the Lessor, party of the first part,
and TONY MURGUIA, of Monroe County, State of Florida, whose
addres s is 23 Cypres s Avenue, Key West, Florida, hereinafter
called the Lessee, party of the second part,
WIT N E SSE T H:
That the Lessor of these presents leases unto said Lessee a
parcel of land at the 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.
TO HAVE AND TO HOLD the above-described leased premise unto
the Lessee for a term of five (5) years from the date hereof.
The Lessee hereby covenants and agrees to pay the Lessor
rent in the sum of Four Hundred Dollars ($400.00) per year, plus
applicable sales tax, for the use of said premises during the
term of this lease, said rent to be payable in advance on the
first day of each year during said term.
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 oI
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 Qortgage 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 purpose
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 installation
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 view-
ing the condition thereof.
F. The Lessee agrees to hold the Lessor harmless from any
liability by reason of his use of said hangar, including any
liability arising out of any accident incurred or caused by his
equipment, employees, invitees, guests, 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.
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 will quietly and peaceably deliver up possession of the
leased premises, remove the aircraft hangar located thereon;
however, in the event the Key West International Airport should
be permanently closed, and the lands therein cease to be used as
an airport during the term of this lease, the Lessee shall r2tain
title to and shall have the right to remove the hangar located on
the leased premises.
2. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
3. This lease shall be automatically cancelled, and the
title to the improvements 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, notwithstanding anything
contained in paragraph 1 herein.
2
4. Lessee shall have the right duri:lg the term of this
lease to sublet said shelter and land leased hereunder to another
person, upon approval of said by the Lessor, provided said Lessee
is not in default of any of the terms of this lease.
5. 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 and Lessor.
6. Rental rates under this lease shall be subject to review
and adjustment every three (3) years.
7. At the expiration of this lease, Lessee shall have the
option to renew this lease for an additional five (5) year period
under the same terms and conditions, if agreeable to Lessor.
IN WITNESS WHEREOF, the party of the first part has causea
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.
COUNTY OF MONROE, STATE OF
FLORIDA
By
Chairman of the Board of
County Commissioners of
Monroe County, Florida
(SEAL)
Attest:
Clerk
Signed, Sealed and Delivered
in our Presence:
TONY MURGUIA
As to Lessee
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