Resolution 042-1979
RESOLUTION NO.42 -1979
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE COUNTY
OF MONROE, STATE OF FLORIDA, AND EXEC AIR SERVICE, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman be authorized to execute a Lease Agreement
by and between the COUNTY OF MONROE, STATE OF FLORIDA, and
EXEC AIR SERVICE, INC., a copy of same being attached hereto, for
the leasing of certain lands and office space at the Marathon Air-
port, Marathon, Monroe County, Florida.
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.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUN~tz/.~ORI A,
By L~ ~~
Cha~rman
-
Attest:
(Seal)
I ,f',1EREBY CEPTlr:':{ that this document
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my approval.
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- Attorney's Oftice
APPROVED ON
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SOOK
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LEASE AGREEMENT FOR HANGAR SPACE
THIS LEASE AGREEMENT, Made and entered into this
27th
day of
February
, 197~, by and between the COUNTY
OF MONROE, STATE OF FLORIDA, a political subdivision of the State
of Florida, hereinafter called the Lessor, and
EXEC AIR SERVICE, INC., a Florida corporation,
hereinafter called the Lessee:
WIT N E SSE T H:
That the Lessor hereby leases that certain property describ-
ed in Exhibit "A" and Exhibit "B" hereto and made a part hereof,
located in
Key Vaca, Monroe County
, Florida, subject to the
following conditions and'limitations which the parties mutually
agree shall apply:
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1.
TERN.
The period of this lease shall be from
March 1, 1978
until
September 30, 1979
unless sooner termirtateff in accordance herewith,
..
2.
RENTAL.
The Lessee covenants and agrees ~o pay the
Lessor in advance as rent for said property during the said term
of this lease,
TWO HUNDRED THIRTY ($230.00)
Dollars per
month, and thereafter in advance on the
day of each and
every month during the term of this lease.
.. ...
Delinquent payments
shall be subject to an automatic and p~ogressive TEN percent ~~lin-
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quent charge.
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 refer-
ence are hereby made a part hereof. Failure or refusal to comply
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
~remises upon the terms named, and the faithful observance of the
rules, regulations and directives which are by reference made a
part hereof, and of s~Gh other and further rules, regulations and/
or directives as may be hereafter made by the Lessor are the condi-
H
tions upon which the lease is made and accepted, and any failure
on the part of the Lessee to comply Hith 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 ~essor, shall
at the option of the Lessor, work a forfeiture of this lease~ and
.
all of the rights of the Lessee hereunder, and th~reupon 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 Pages
premises and dispossess Lessee without legal notice or the insti-
tution of any legal proceedings whatsoever.
G. In addition to the acts of default elsewhere
defined, the commission of any of the following acts by the Lessee
.
shall constit~te a default, and this lease may be terminated by
the County immediately upon notice in Hdting to the Lessee:
Abandon, desert, vacate or discontinue operations on the premises
or petition for any bankruptcy or insolvency, or be adjudicated
bankrurt, 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 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, regula-
tion or rule applicable to the Lessee's use of the premises includ-
..
ing but not limited to those governing the payment of rgnt.
8. FIXTURES. The said Lessee hereby pledges and assi\!l1s
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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 tIre Lessee agrees
that the said lien may be enforced by distress foteclosure o~ 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 othen.Jise.
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 there9f, 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 Rnd 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 sqid premises in the same condition, order and repair 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 good to said Lessor immedi-
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, ipassengers, or persons under the control of
~
the Lessee, and the Lessee shall be liable to the Lesso~ and shall
forever hold harmless the Lessor from any and all such damage or
loss occasioned to the premises: or any of its other properties
caused by the acts or negligence of the Lessee or any person or
persons whomsoever including but not limited to ern~loyees, guents,
passengers, or persons under the control of the Lessee. This
L
property is for the sole use of parking space fo~.Lessee's aircraft,
such space to be used at the sole risk of the Lessee, and the Les-
sor shall not be liable for the care or protection of the airplane,
her appurtenances 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
property nor shall the Lessor be responsible for injuries to persons
or property occurring upon the Lessor's property for any reason.
It is expressly agreed and understood by
11.
LIABILITY.
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.
CLAH1S.
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 arisin3 out of, or in connection with this
lease or the Lessee's operation hereunder, and to forever hold
harmless the Lessot, ~ts 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 therevlith, 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.
.;.
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14.
INSURANCE.
The Lessee shall carry ~nd provideidur-
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
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-
1ab1e without a thirty-day written notice of cancellation first
being Biven 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 th2
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, assi~ns,
administrators, legal r~presentatives, 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 ?lsqAapplies to all terms and conditions con-
..
tained herein.
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18.
RIGHTS.
The rights of the Lessor under this lease
shall be cumulative and failure-on the part 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. It is hereby understood and
.
agreed that no signs or advertising are to be used in connection
." i
with the premises leased hereunder without firstobtainin~ written
approval of Lessor.
20.
ASSIGNMENT, 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 permi t the same, or any part thereof, to be
used for any oth~r purpose than as above stipulated, nor make any
alterations therein without the prior written consent of the
Lessor.
Pap,e 6 of 9 Pa~es
21,
TAXES.
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.
t~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
~ll 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 gooG~faith contest the validity of any lien.
~
24.
RESTRICTIONS.
The Lessee agrees not to conduct, nor
N
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 will not co~duct any rQ-
pair services, except that he shall have the righ~ to repair~his
~
own private plane, and further, shall not engage ip any busiJesses
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
paved 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 abo~t 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 shall use the leased
property for parking of its aircraft.
28.
IHPP-OVEMENTS.
A.
The Lessee shall obtain prior
written consent of the Lessor before making any' improvements on
the leased property.
'"
B.
At the end of the term of this
lease, title to all hangars or improvements placed on the leased
premises shall vest i~Athe Lessor.
29. SPECIAL CLAUSES.
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Page 8 of 9 Pages
DATED at
Key .West
, Monroe County,
Florida, the day and year first above written.
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By
Mayo
(Seal)
Attes~(-/
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L~. . ..~ Iff Z . .,..<~~
erk
Lessor
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WITNESSETH:
EXEC AIR SERVICE, INC.
By
President
Lessee
(Corporate Seal)
Attest:
I HEREBY CERTIFY that this document
Secretary
has beerl rc cl
, fer :e}:-i slIffi-
." :_c.,' t: r,;e2ts with
clenc'/ ,- , .
my ap'll .--'
1:';,.1.
By ~':/;{-(/)/4 C
Attorneys Office
Page 9 of 9 Pages
EXHIBIT "A"
LEASE AGREEMENT
A tract of land on the MARATHON AIRSTRIP at Key Vaca,
Monroe County. Florida and being more particularly
described by metes and bounds as follows:
Commencing at the Northwest Corner of "INDUSTRIAL
SUBDIVISION", as recorded in Plat Book 3, Page 132 of
the Public Records of Monroe County, Florida, bear
South 22 degrees and 09 minutes East, along the West
Line of "INDUSTRIAL SUBDIVISION", 150 feet; thence bear
South 67 degrees and 51 minutes West, 871.2 feet; thence
bear South 22 degrees and 09 minutes East, 100 feet to
the POINT OF BEGINNING of the tract of land hereinafter
described, said POINT OF BEGINNING being the South-
west Corner of that tract of land leased to William P.
Smith, Jr.; from said POINT OF BEGINNING South 67 de-
grees and 51 minutes West, 275 feet; thence bear North
22 degrees and 09 minutes West, 79.2 feet; thence bear
North 67 degrees and 51 minutes East, 275 feet; thence
bear South 22 degrees and 09 minutes East, 79.2 feet
back to the POINT OF BEGINNING containing 0.5 acres.
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March 20, 1978
Exec Air Service, Inc.
Marathon Airstrip
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