Resolution 317-1983
/
Art Skelly, Director of Airports
RESOLUTION NO. 317 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO EXECUTE A LEASE AGREE-
MENT BY AND BETWEEN JAMES P. COLBURN 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 James P. Colburn 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 2lrd day of November, A. D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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. Mayor/Chairman
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
~'f~~ MP~
cr 6 Clerk
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:==~TOFORM
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BY A-...," Off,.. ~
LEASE AGREEl1ENT
THIS INDENTURE, Made and entered into this 23rd day of
November , A.D. 1983, by and between the County of Monroe,
State of Florida, a political subdivision of the State of
Florida, hereinafter called the Lessor, party of the first part,
and JAMES P. COLBURN, of Monroe County, State of Florida, whose
address is 1124 Watson Street, Key West, Florida, hereinafter
called the Lessee, party of the second part,
\HTNESSETH:
That the Lessor by these presents leases unto said Lessee a
parcel of land at Key West International Airport, Key West,
Monroe County, Florida, 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 premiss unto
the Lessee for a term of 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 1st
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 construct an
airplane shelter 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 convenants 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 by this lease provided for.
L
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 purpose
of housing airplanes and providing for the care, repair and
maintenance of such 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
viewing 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 airplane shelter located threon;
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 retain
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 6
3
months during the term of this lease, notwithstanding anything
contained in paragraph 1 herein.
4. Lessee shall have the right during the term of this
lease to sublet said shelter and land leased hereunder to another
person, upon approval of same 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 a second Fixed Base Operator 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 caused
these presents to be executed in its name, and the party of the
second part has signed these prsents, in duplicate, all as of the
day and year first above written.
COUNTY OF MONROE, STATE OF
FLORIDA
. .. ~
By ~~~";';- >-~~
Cha~rman 0 t e Boar~ 0
County Commissioners of
Monroe County, Florida
(Seal)
Attest:
PANN:Y L. KOLHAG~ Clerk
,'t~~. ~ Q.C
. Clerk .
Signed, Sealed and Delivered
in Our Presence:
BY
Attorney's Office
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