Resolution 039-1979
RESOLUTION NO. 39 -1979
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 THE COUNTY OF MONROE, STATE OF FLORIDA,
AND DAVID PAUL HORAN.
BE IT RESOLVED BY THE BOARD OF COUNTY COI1MISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman be authorized to execute a Lease Agree-
ment for Hangar Space by and between the County of Monroe, State of
Florida, and DAVID PAUL HORAN, a copy of same being attached
hereto.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 27th
day of February, 1979.
B~, .RD OF COUNTY COMMISSIONERS OF"1
M1,ROE C~Y, nIDA\1
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APPROVED ON (} d-. f\ . ',C,
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LEASE AGREEMENT FOR t~NGAR SPACE
THIS LEASE AGREEMENT, Made and entered into this 27th
day of February 197 9 , by and between the COUNTY
OF MONROE, STATE OF FLORIDA, a political subdivision of the State
of Florida, hereinafter called the Lessor, and DAVID PAUL HORAN,
whose mailing address is 513 Whitehead Street, Key West, Florida,
33040, hereinafter called the Lessee:
WIT N E SSE T H:
That the Lessor hereby leases that certain property describ-
ed in Exhibit "A" attached hereto and made a part hereof, located
in Key \Jes t, Monroe County , Florida, subj ect to the
following conditions and limitations which the parties mutually
agree shall apply:
1. TERM. The period of this lease shall be from
March 1, 1979 until September 30, 1989
unless sooner terminated in accordance herewith.
2. RENTAL. The Lessee covenants and agrees to pay the
Lessor in advance as rent for said property during the said term
of this lease, FOUR HUNDRED FIFTY ($450.00) Dollars per
year, and thereafter in advance on the anniversary date of each
year during the term of this lease. Delinquent payments shall be
subject to an automatic and progressive TEN percent delinquent
charge.
3. RULES AND REGULATIONS. The Lessee agrees to strictly
execute, conlply 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 refer-
ence are hereby made a part hereof. Failure or refusal to comly
or abide with the provisions of this article shall be cause for
termination of this lease.
Page 1 of 9 Pages
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 damage or loss to said personal property for any act of negli-
gence of any co-Lessee or occupant, or of any other person whomso-
ever.
5. SAFETY, CORRECTION, ETC. The Lessee shall promptly
execute and comply with 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 grievances,
in, upon, or connected with said premises and its operation.
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
on the part of the Lessee to comply "lith the terms of this lease,
or any of said rules and regulations or directives, now in exis-
tence, 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 Les-
sor, its agents or employees shall have the right to enter said
premises, and remove all persons and property, if desired, there-
from frocibly or otherwise, and the Lessee hereby expressly waives
any and all notice required by laH to terminate tenancy, and also
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, or which may hereafter be made, said
Lessor, its agents or employees may immediately re-enter said
Page 2 of 9 Pa8es
premises and dispossess Lessee without legal notice or the insti-
tution of any legal proceedings whatsoever.
B. In addition to the acts of default elsewhere
defined, the commission of any of the following acts by the 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 a general assignment for the benefit of credi-
tors, 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 M~D 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, regula-
tion or rule applicable to the Lessee's use of the premises includ-
ing but not limited to those governing the payment of rent.
8. FIXTURES. The said Lessee hereby pledges and assigns
to the Lessor the fixtures, and goods and chattels of said Lessee,
which shall or may be brought or placed on said premises as security
for the payment of the rent herein reserved, and the Lessee agrees
that the said lien may be enforced by distress foreclosure or other-
wise at the election of the said Lessor, and does hereby agree to
pay all costs and charges therefor 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 othenvise.
10.
CONDITION OF PREMISES.
A.
The Lessee acknowledges
and agrees that he has examined the premises, and is fully advised
Page 3 of 9 Pages
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 li8itations 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 condi-
tion they are in at the beginning of this lease and agrees to
maintain said premises in the same condition, order and reoair as
they are at the commencement of said term, excepting only reason-
able wear and tear arising from the use thereof under this agree-
ment. Lessee further agrees to make sood to said Lessor irnmedi-
ately upon demand any damage caused by any act or neglect of Lessee,
or of any person or persons whomsoever, including but not limited
to employees, guests, passengers, or persons under the control of
the Lessee, and the Lessee shall be liable to the Lessor and shall
forever hold harmless the Lessor from any and all such damage or
loss occasioned to the premises, or any of its other orooerties
caused by the acts or negligence of the Lessee or any person or
persons ',Thoms oever including but not limited to emp loyees, gues ts ,
passengers, or persons under the control of the Lessee. This
agreement is for the use of hangar space only, such space to be
used at the sole risk of the Lessee, and the Lessor shall not be
liable for the care or protection of the airplane, her appurtenan-
ces or contents, or for any loss or damage of any kind or nature
to the airplane, her appurtenances or contents, however caused.
There is no warranty of any kind as to the condition of the pro-
perty nor shall the Lessor be responsible for injuries to persons
or property occurring upon the Lessor's property for any reason.
11.
LIABILITY.
It is expressly agreed and understood by
and between the parties to this agreement, that the Lessor shall
Page 4 of 9 Pages
not be liable for any damage, loss or injury which may be sustained
by the Lessee or other person or for any other damage, loss or
injury resulting from the carelessness, negligence or improper con-
duct on the part of any other Lessee or agents, or employees in or
on or about the said premises.
12.
RELEASE.
The Lessee does hereby forever release and
discharge the Lessor, its departments, agencies, agents and author-
ized personnel from any and all liability that has or may result
from or be suffered by the Lessee arising out of or in connection
with this lease, and the Lessee's operation hereunder.
13.
CLAINS.
The Lessee shall defend, payor settle any
and all liability, demands and claims by or in favor of any person
including, but not limited to, the Lessee's agents, servants or
employees, against the Lessor, its departments, agencies, and
authorized personnel arising out of, or in connection with this
lease or the Lessee's operation hereunder, and to forever hold
harmless the Lessor, its departments, agencies, agents and 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 payor 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 dur-
ing the term of this contract, at Lessee's expense, liability,
protective and indemnity insurance covering the Lessee's opera-
.
tions, 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
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insurance 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 the Lessor In an amount not less than
$100,000/$300,000. Any and all of said insurance to be non-cancel-
lable without a thirty-day written notice of cancellation first
being given to the Lessor.
Page 5 of 9 Pages
15. INSOLVENT, ETC. If the Lessee shall become insol-
vent or if bankruptcy proceedings shall be begun by or against the
Lessee before the end of said term, the Lessor is hereby irrevo-
cably authorized at its option, to forthwith cancel this lease,
as for a default. Lessor may elect to accept rent from such re-
ceiver, trustee, or other judicial officer during the term of this
occupancy in their fiduciary capacity without affecting Lessor's
rights as contained in this contract, but no receiver, trustee or
other judicial officer shall ever have any right, title or interest
in or to the above described property bv 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. TItlli 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 con-
tained herein.
18. RIGHTS. The rights of the Lessor under this lease
shall be cumulative and failure on the Dart of the Lessor to exer-
.
cise promptly any rights given hereunder shall not operate to for-
feit any of the said rights.
19. SIGNS OR ADVERTISING. I t is hereby unders tood 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. ASSIGN~ffiNT, SUBLET AND ALTERATIONS. The Lessee
shall not assign this lease, either as an absolute 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, or
any part thereof, nor permit the same, or any part thereof, to be
used for any other purpose than as above stipulated, nor make any
alterations therein without the prior written consent of the
Lessor.
Page 6 of 9 Pages
21.
T AXE S .
Should any taxes be imposed upon the prem-
ises involved in this lease, or upon the owner, Lessor, Lessee,
occupant or whomsoever, from any source whatsoever, the same shall
be the responsibility of the Lessee and the Lessee shall pay same
promptly.
22.
!~INTENANCE OF PROPERTY.
The Lessee agrees to keep
the property clean and free and clear of debris.
23.
LIEN.
A.
The Lessee agrees that the Lessor shall
have a lien against any airplane, her appurtenances and contents
for unpaid sums due or to beco~e due for the use of the airport
facilities or services or damage caused to any property of the Les-
sor.
B. Lessee agrees that he will keep the
leased nremises 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 or use thereof by Lessee, provided, however,
the Lessee may in good faith contest the validity of any lien.
24.
RESTRICTIONS.
The Lessee agrees not to conduct, nor
allow to be conducted on the leased premises, any business ven-
tures, enterprises or activities, including, but not limited to,
the sale of gasoline, oil, airplane parts, or any other goods
and/or services, and convenants that he vvill not conduct any re-
pair services, except that he shall have the right to repair his
own private plane, and further, shall not engage in any businesses
or activities authorized under any leases made by Monroe County
to fixed base operators at said Airport, nor shall he engage in
any automobile rental services of any nature whatsoever.
25.
HAINTENANCE.
The Lessee further agrees that all
areas of the leased premises not paved shall be maintained by him
~,
in a neat condition, and that grassed areas shall be mowed regu-
larly and shrubs will be trimmed so as to maintain the premises
in a clean and attractive condition. Any areas not grassed or
paveu shall be stabilized by the Lessee, and the leased premises
shall be so utilized that use of the premises will not cause dust,
Page 7 of 9 Pages
debris or waste to be blown about or raised so as to interfere
with or disturb the use or enjoyment of any adjacent or 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 approv-
al of the Lessor.
27. USE OF PROPERTY. The Lessee hereby agrees to use
said leased premises only for the erection of a private hangar
and shall have the right to erect, at his own expense, one hangar
upon said premises, and storage of Lessee's private plane. How-
ever, prior to the erection of any hangar upon said leased prem-
ises, the Lessee shall submit to the County the plans for the
type of hangar intended to be erected, and the design of said
hangar must be approved by the County prior to the erection there-
of.
28. IMPROVEMENTS. A. The parties specifically agree
that during the term of this lease Lessee shall remove any hangar
or improvements erected pursuant to this lease at Lessee's ex-
pense when Lessor deems it necessary for the operation, control
and/or development of the airport, and Lessee shall vacate the
premises. Lessor may provide other premises to Lessee for remain-
ing term of this lease if same are available.
B. That at the end of the term of
this lease, title to all hangars or improvements placed on the
leased premises shall vest in the Lessor.
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 March 1, 1979,
as the base period equal to 100 as compared to said index at the
end of the twelve month period and applying such percentage
Page 8 of 9 Pages
increase to the yearly rental. All increases in rental will be
computed annually after the first year of this lease and be
used for the following year's rental.
DATED at
Key West
, Monroe County,
Florida, the day and year first above written.
TATE OF FLORIDA
\
(Seal)
Lessor
Att~a/~~~
Clerk
WITNESS~~
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$B~
DAVID PAUL HORAN
Lessee
I i-IERE.BY CERTIFY that this document
. : ' been rcvicv:prJ for legJI suffi-
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rage 9 of 9 Pages
DESCR I PTION OF:
EXHIBIT "A"
PROPOSED LEASE AT KEY WEST IN1ERNATIONAL AIRPORT
FOR:
DAVID PAUL HORAN
A tract of land located within the boundary of the Key West
International Airport and more particularly described as follows:
COMMENCING at the intersection of the Southwest corner of the
U.S. Government Property, as indicated on Plat of Survey of a
"PORTION OF ROOSEVELT BOULEVARD", as recorded in Plat Book 2, Page
17, Monroe County Records, and the Northerly rig~t-of-way line
(curb line) of Roosevelt Boulevard, run Northwesterly along the
Northerly right-of-way line (curb line) of Roosevelt Boulevard
for a distance of 300.27 feet to a point; thence with a deflected
angle to the right of 78 degrees and 50 minutes and Northwesterly
for a distance of 435.94 feet; thence with a deflected angle to
the left of 28 degrees 19 minutes and 40 seconds and Northwesterly
for a distance of 375.87 feet to a point; thence with a deflected
angle to the left of 39 degrees 40 minutes and 20 seconds and
Northwesterly for a distance of 149 feet to the Point of Beginning
of the tract of land being described herein; thence perpendicular
to the preceding course and Southwesterly for a distance of 60 feet;
thence perpendicular to the preceding course and Northwesterly for
a distance of 50 feet; thence perpendicular to the preceding course
and Northeasterly for a distance of 60 feet; thence perpendicular to
the preceding course and Southeasterly for a distance of 60 feet;
thence perpendicular to the preceding course and Southeasterly for
a distance of 50 feet back to the Point of Beginning, containing
0.07 acres, more or less.
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Key west, Florida
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Professional Land Surveyor
Florida Reg. Cert. U 1410