Resolution 366-1984
Art Skelly
Director of Airports
RESOLUTION NO. . 366 -1984
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT
FOR HANGAR SPACE BY AND BETWEEN EDWARD B.
KNIGHT 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 Comrnis-
sioners of Monroe County, Florida, be and is hereby authorized to
execute a Lease Agreement for Hangar Space by and between Edward
B. Knight and the County of Monroe, State of Florida, a copy of
which is attached hereto, in connection with use of the Key West
International Airport facility.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 14th day of December, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~".t.~.6 y..~ ~~
Mayor/Chairman
(Seal)
Attes t : DA 'I\T1I.TT.,.
"441.L~ X L. KOLHAGE, Clerk
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BY
LEASE AGREEMENT FOR HANGAR SPACE
THIS LEASE AGREEMENT Made and entered into this
day of
WITNESSETH:
That the Lessor hereby leases that certain property des~ribed
in Exhibit "A" attached hereto and made apart hereof, located in
Key West, Monroe County, Florida, subject to the following conditions
and limitations which the parties mutually agree shall apply:
1.
TERM.
The period of this lease shall be from October 1,
1984, until September 30, 1988, unless sooner terminated in accor-
dance herewith.
2.
RENTAL.
The Lessee covenants and agrees to pay to the
Lessor in advance as rent for said property during the said term
of this lease, SEVEN HUNDRED ELEVEN DOLLARS AND NINETY CENTS
(711.90) per year, and thereafter in advance on the anniversary
date of each year during the term of this lease. Delinquent pay-
ments shall be subject to an automatic and progressive delinquent
cbarge at prevailing interest rates.
3.
RULES AND REGULATIONS.
The Lessee agrees to strictly
: execute, comply with and abide by all applicable rules, regulations
and directives of the Lessor as presently existing or as may be
promulgated, changed or amended from time to time, and it shall be
the duty of the Lessee to become and remain informed and familiar
with the same as promulgated, changed or amended, which by reference
are hereby made a part hereof. Failure or refusal to comply or
abide with the provisions of this article shall be cause for ter-
mination of this lease.
4. PERSONAL PROPERTY.
All personal property placed or moved
in or on the premises above described shall be at the risk of the
Lessee or owner thereof, and Lessor shall not be liable for any
Page 1 of 9 Pages
9amage or loss to said personal property for any act of negli-
gence of any co-Lessee or occupant, or of any other person whom-
soever.
5. SAFETY, CORRECTION, ETC. The Lessee shall promptly
execute and comply wi~h all statutes, ordinances, rules, orders,
regulations, directives and requirements of the Federal, State,
County and "City Governments and of any and all of their depart-
ments and bureaus, applicable to said premises for safety and cor-
rection, 'prevention and abatement of nuisances or other grie-
vances, in, upon, or connected with said premises and its op~ration.
6. DEFAULT. A. The prompt payment of the rent for said
premises upon the terms named, and the faithful observance of the
rules, regulations and directives which are by reference made a
part .hereof, and of such other and further rules, regulations and/
or directives as may be hereafter made by the Lessor are the condi-
tions upon which the lease is made and accepted, and any failure or
any of said rules and regulations -or directives, now in existences,
or which may hereafter be prescribed by the Lessor, shall at the
option of the Lessor, work a forfeiture of this lease, and all of
the rights of the Lessee hereunder, and thereupon the Lessor, its
agents or employees shall have the right to enter siad premises, and
remove all persons and property, if desire, therefrom forcibly or
otherwise, and the Lessee hereby expressly waives any and all
legal proceedings to recover possession of said premises, and expressly
agrees that in the event of a violation of any of the terms of this
'lease, or of said rules, regulations, or directives, now in existence,
" of which may hereafter be made, said Lessor, it's agents or employees
may immediately re-enter said premises and dispossess Lessee without
legal notice or the institution of any legal proceedings whatsoever.
B. In addition to the acts of default elsewhere
defined, the commission of any of the following acts by th~ Lessee
shall constitute a default, and this lease may be terminated by the
County immediately. upon notice in writing to the Lessee; Abandon,
desert, vacate or discontinue operations on the premises or petition
for any bankruptcy or insolvency, or be adjudicated bankrupt, or make
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a general assignment for the benefit of creditors, or suffer a
lien to be filed against the premises, or permit a receiver or
trustee to come into possession without removing them, within a
reasonable time.
7. COSTS AND ATTORNEY'S FEES. Lessee agrees to pay all
costs and. expenses and a reasonable attorney's fee in the event
legal action is taken by the Lessor because of any violation of
the, terms of this lease or of any code section, ordinance, regu-
lation or rule applicable to the Lessee's use of the premises
including but not limited to those governing the payment of rent.
8. FIXTURES. The said Lessee hereby pledges and assigns
to the Lesso~ the fixtures, and goods and chattels of said Lessee,
which shall or may be brought or placed on said premises as se-
curity for the payment of the rent herein reserved, and the Lessee
agrees that the said lien may be enforced by distress foreclosure
or otherwise at the election of the said Lessor, and does hereby.
agree to pay all costs and charges therefore incurred by the Lessor.
9. ENTRY. The Lessor, or any of its agents, shall have
the right to enter said premises during all reasonable hours, to
examine the same as may be deemed necessary for the safety, comfort
or preservation thereof, and to determine if Lessee is in compli-
ance with all of the aforementioned rules, regulations, directives,
and otherwise.
10. CONDITION OF PREMISES. A. The Lessee acknowledges
and agrees that he has examined the premises, and is fully advised
'of the condition and location thereof, and the limitations and
restrictions placed on any building, structure or other object as
to height, due to the proximity of the landing and takeoff areas
of the Airport. Lessee further agrees to abide by and observe all
such restrictions and limitations, and agrees that the observance
of such limitations and restrictions, whether by municipal~ county,
state, or federal governmental authority, shall not in anywise
affect the Lessee's obligations under this lease.
B. Lessee hereby accepts the
premises in the condition they are in at the beginning of this
lease and agrees to maintain said premises in the same condition,
order and repair as they are at the commencement of said term,
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~xceotin~ onlv reasonable wear and tear arisine from the use thereof
under this a~reement. Lessee further a~rees to make ~ood to said
Lessor immediatelv uoon demand anv dama~e caused bv anv act or ne~lect
of Lessee. or of anv oerson or oersons whomsoever. includin~ but not
limited to emolovees.. ~uests, oassen~ers. or oersons under the control
of the Lessee. and the Lessee shall be liable to the Lessor and shall
forever'hold harmless the Lessor from anv and all such dama~e or loss
occasioned to the oremises, or anv of its other orooerties caused bv
the acts or ne~li~ence of the Lessee or anv oerson or oersons whom-
soever includin~ but not limited to emolovees, ~uests, oassenrrers,
or oersons under the control of the Lessee. This a~reement is for
the use of h~n~ar soace only, such soace to be used at the sole risk
of the Lessee, and the Lessor shall not be liable for the care or oro-
tection of the airolane, her aoourtenances or contents, or for anv
loss or dama~e of any kind or nature to the airolane, here aoour-
tenances or contents, however caused. There is no warranty of any
kind as to the condition of the orooerty nor shall the Lessor be
resoonsible for iniuries to oersons or orooerty occurrin~ uoon the
Lessor's prooerty for any reason.
11. LIABILITY. It is exoressly a~reed and understood by
and between the oarties to this a~reement, that the Lessor shall
not be liable for any dama~e, loss or in~ury which may be sustained
by the Lessee or other oerson or for any other dama~e, loss or in-
iury resultin~ from the carelessness, ne~li~ence or imorooer con-
duct on the oart of any other Lessee or a~ents, or emoloyees in or
on or about the said oremises.
12. RELEASE. The Lessee does hereby forever release and
dischar~e the Lessor, its deoartments, a~encies. a~ents and autho-
rized oersonnel from any and all liability that has or may result
from or be suffered bv the Lessee arisin~ out of or in connection
with this lease, and the Lessee's ooeration hereunder.
13. CLAIMS. The Lessee shall defend, oay or settle any
and all liability,. demands and claims by or in favor of anv oerson
includin~, but not limited to. the Lessee's agents, servants or
employees, against the Lessor, its departments, agencies, agents and
Page 4 of 9 Pages
. personnel from any such liabilities, demands or claims asserted
by any of the aforedescribed, including cost of suit, attorney's
fees, and any other expenses in connection therewith, and to pay
or settle any claims for the injury, loss or damage to personnel
or property of or under the control of the Lessor arising out of
this contract or the Lessee's operation hereunder.
14~ INSURANCE. The Lessee shall carry and provide during
the 'term of this contract, at Lessee's expense, liability, pro-
tective and indemnity insurance covering the Lessee's operations,
and such other operations of the Lessee in and about the Lessor's
property, subject to the approval of the Lessor, and such other
insurance coverage as may be requested by the Lessor. Said in-
surance shall be with a company with a Best's Insurance Guide,
Latest Edition, rating of A:AAA or better, and a certificate of
insurance shall be furnished by Lessor in any amount not less than
$100,000/$300,000. Any and all of said insurance to be non-can- .
cellable without a thirty-day written notice of cancellation first
being given to the Lessor.
15. INSOLVENT, ETC. If the Lessee shall become insolvent
or if bankruptcy proceedings shall be begun by or against the Lessee
before the end of said term, the Lessor is hereby irrevocably autho-
rized at its option, to forthwith cancel this lease, as for a default.
Lessor may elect to accept rent from such receiver, trustee, or other
judicial officer during the term of this occupancy in thier fiduciary
.capacity without affecting Lessor's rights as contained in this con-
tract, but not receiver, trustee or other judicial officer shall ever
have any right, title or interest in or to. the above described
property by virtue of this contract.
16. HEIRS AND ASSIGNS. This contract shall bind the Lessor
and its assigns or successors, and the heirs, assigns, administrators,
legal representatives, executors or successors as the case',may be,
of the Lessee.
17. TIME OF. THE ESSENCE. It is understood and agreed between
the parties hereto that time is of the essence of this contract and
this also applies to all terms and conditions contained herein.
Page 5 of 9 Pages
18. RIGHTS. The rights of the Lessor under this lease shall
be cumulative and failure on the part of the Lessor to exercise
promptly any rights given hereunder shall not operate to forfeit any
of the said rights.
19. SIGNS OR ADVERTISING. It is hereby unde~stood and
agreed that no signs or advertising are to be used in connection
with the premises leased hereunder without first obtaining written
approval of Lessor.
20. ASSIGNMENT, SUBLET AND ALTERATIONS. The Lessee shall
not assign this lease, either as an aboslute transfer of his title
or interest therein or thereto or as security for a loan, nor sublet
the premises,. or any part thereof nor use the same, o~ any part
thereof, nor permit the same, or any part thereof, to be used for
any o~her purpose than as above stipulated, nor make any altera-
tions therein without the prior written consent of the Lessor.
21. TAXES. Should any taxes be imposed upon the premises.
involved in this lease, or upon the owner, Lessor, Lessee, occu-
pant or whomsoever, from any source whatsoever, the same shall be
the responsibility of the Lessee and the Lessee shall pay same
promptly.
22. HAINTENANCE OF PROPERTY. The Lessee agrees to keep the
property clean and free and clear of debris, and to maintain all
improvements located thereon at Lessee's expense.
23. LIEN. A. The Lessee agrees that the Lessor shall have
a lien against any airplane, here appurtenances and contents for
unpaid sums due or to become due for the use of the airport facili-
ties or services or damage caused to any property of the Lessor.
B. Lessee agrees that he will keep the leased
premises and any buildings that may be erected thereon at all times
free and clear of any and all liens in anywise arising out of the
activities use thereof by Lessee, provided, however, the Lessee may
in good faith contest the validity of any lien.
24. RESTRICIIONS. The Lessee agrees not to conduct, nor
allow to be conducted on the leased premises, any business ventures,
enterprises or activities, including, but not limited to, the sale
of gasoline, oil, airplane parts, or any other goods and/or services,
Page 6 of 9 Pages
and covenants that he will not conduct any repair services. except
that he shall have the right to repair his own private plane. and
further. shall not engage in any businesses or activities autho-
rized under any leases made by Monroe County to fixed base opera-
tors at said Airport.. not shall he engage in any automobile rental
services bf any nature whatsoever.
25,: MAINTENANCE. The Lessee further agrees that all areas
of the l~ased premises not paved shall be maintained by him in a
neat condition. and that grassed areas shall be mowed regularly and
shrubs will be trimmed so as to maintain the premises shall be so
utilized that use of the premises will not cause dust. debris. or
waste to be blown about or raised so as to interfere with or dis-
turb the use or enjoyment of any adjacent of adjoining premises.
Further. that the Lessee shall keep and maintain the leased premises
and any buildings that may be erected thereon in a neat and clean
condition.
26. EXCAVATION. The Lessee agrees that no excavation of
any of the leased lands shall be made. and that no soil or earth
shall be removed from said premises except with the written approval
of the Lessor.
27.
USE OF PROPERTY.
The Lessee hereby agrees to use said
leased premises only for a private hangar and storage of Lessee's
private plane.
28. IMPROVEMENTS. A. A hangar is located on said premises
.which hangar belongs to Lessor. Lessee agrees that when Lessor
deems it necessary for the operation. control and/or development
of the airport. Lessee shall vacate the premises. Lessor may pro-
vide other premises to Lessee for remaining term of this lease if
same are available.
29. SPECIAL CLAUSES. The parties specifically agree that
the rental rates previously provided for herein shall increase
automatically based upon the U. S. Department of Labor Consumer
Price Index (U. S.' City Average all items). using May 1. 1984. as
the base period equal to 100 as compared to said index at the end
Page 7 of 9 Pages
of the twelve month period and applying such percentage increase
to yearly rental. All increases in rental will be computed annual-
ly after the first year of this lease and be used for the following
year's rental.
DATED at
, Monroe County,
Florida, ~he day and year first above written.
Lessor
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Chairman
Attest:
(S EAL)
CLERK
Lessee
!;-,vi !I,Li V-
EDWARD B. KNIG T
WITNESSETH:
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Page 8 of 9 Pages
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II
EXHIBIT "A"
DESCRIPTION OF:
PROPOSED LEASE AT KEY ~lliST INTERNATIONAL
AIRPORT
EDWARD B. KNIGHT
FOR:
ThaS the Lessor by these presents leases unto said Lessee
a parcel of land at Key West International Airport, Key West,
Monroe County, Florida, known on an unrecorded plat entitled..
"Plat of Han~ar Areas at Heacham Field (Key West International
Airport), Key West, Florida", prepared by John P. Goggin, County
Engineer, dated January 12, 1959, copy of which is on file in
the office of the Airport Hanager at Key West International
Airport, Key West, Florida, as Parcel 10, Unit 1.
.'
.
Page 9 of 9 Pages