Resolution 257-1979
RESOLUTION NO. 257 -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, FLOR[DA, as follows:
That the Chairman of the Board of County Commissioners
of Monroe County, Florida, is hereby 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.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
6th day of November, 1979.
BOARD OF COUNTY
OF MONROE fOUNT
I
COMMISSIONERS
FLORIDA
..,
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irman
By
(Seal)
Attest:
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LEASE AGREEMENT
THIS LEASE AGREEMENT, Made and entered into this
6th
day of
November
, 1979, 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:
WITNESSETH:
That the Lessor hereby leases that certain property
described in Exhibit "A" and Exhibit "B" hereto and made a
part hereof, 10cated in Key Vaca, Monroe County, Florida,
subject to the following conditions and limitations which
the parties mutually agree shall apply:
1.
TERN.
The period of this lease shall be from
October 1, 1979, until September 30, 1980" 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 the total sum of THREE THOUSAND SIX
HUNDRED DOLLARS ($3,600.00) plus tax as follows:
First and last months rent upon execution
of this Lease Agreement in the total
amount of $600.00 pIus tax and monthly
thereafter beginning on November 1, 1979,
at $300.00 pIus tax on the first of each
and every month.
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
termination of this lease.
,/I
Page 1 of 11 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 prop-
erty for any act of negligence of any co-Lessee or occupant,
or of any other person whomsoever.
SAFETY, CORRECTION, ETC.
The Lessee shall
5.
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 departments and bureaus, applicable to said
premises for safety and correction, 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 obser-
vance 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 conditions upon which the lease
is made and accepted, and any failure on the part of the
Lessee to comply with the terms of this lease, or any of
said rules and regulations or directives, now in existence,
or which may hereaftQr 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 said premises, and remove all persons and property, if
desired, therefrom forcibly or otherwise, and the Lessee
hereby expressly waives any and all notice required by law
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
,"
Page 2 of 11 Pages
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directives, now in existence, or which may hereafter be
made, said Lessor, its agents or employees may immediately
re-enter said premises and dispossess Lessee without legal
notice or the institution of any legal proceedings whatso-
ever.
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 imrnediately 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 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 N~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, regulation 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 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 otherwise 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
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Page 3 of 11 Pages
<65
the safety, comfort or preservation thereof, and to determine
if Lessee is in compliance 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 limi-
tations 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 limita-
'tions 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 beginnin'g~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, excepting only reasonable wear and tear arising from
the use thereof under this agreement. Lessee further
agrees to make good to said Lessor immediately 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, pcssengers, or persons under the control
of the Lessee, and the Lessee shallbe liable to the Lessor
and shall forever hold harmless the Lessor from any and all
such damage or 10ss 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 employees, guests, passengers, or persons under
thecontrol of the Lessee. 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.
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Page 4 of 11 Pages
~~
11.
LIABILITY.
It is expressly agreed and understood
by and between the parties to this agreement, that the
Lessor shall not be liable for any damage, loss or injury
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 authorized 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.
CLAU1S .
The Lessee shall defend, payor settle
any and all liability, demands and claim~'by or in favor of
any person including, but not limited to, the Lessee's
agents, servants or employees~ against the Lessor, its de-
partments, agencies, and authorized personnel arising out
of, or in connection with this lease or the Lessee's opera-
tion 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 afore-
described, includin~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.
A.
The Lessee shall carry and pro-
vide during the term of this contract, at Lessee's expense,
the following insurance coverage:
(1) Workmen's Compensation and Employee's Liability
Insurance, and any other insurance required by
any employee benefit act or otherwise required
by law.
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Page 5 of 11 Pages
~1
(2) Property damage, 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 in-
surance coverage as may be requested by the
Lessor. Said insurance shal1 be with a com-
pany with a Best's Insurance Guide, Latest
Edition, rating of A:AAA or better, and a cer-
tificate of insurance shall be furnished the
Lessor in an amount not less than $100,000.00
per person and $300,000.00 per accident for
bodily injury liability and $100,000.00 for
property damage for anyone accident.
B. AIl insurance policies shall be issued by
companies authorized to do business under the laws of the
State of Florida and must be acceptable to the Lessor. If
the operation of the Lessee includes any hazards excluded by
any standard exclusion of the policy, such "standard
exclusion" shall be eliminated from the policy. Any and all
of said insurance to be non-cancellable without a thirty-day
written notice of cancellation first being given to the
. ~
Lessor. The Lessee shall furnish certificates of insurance
to the Lessor on all required,insurance prior to occupancy
of the premises.
The public liability and property damage
insurance shal1 name the Lessor as one of the parties insured.
C. Compliance by the Lessee with the foregoing
requirements as to the carrying of insurance shal1 not
relieve the Lessee of its liability and obligations under
this section or any other portion of this lease.
.
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 authorized 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 their fiduciary
capacity without affecting Lessor's rights as contained in
this contract, but no receiver, trustee or other judicial
officer shal1 ever have any right, title or interest in or
to the above described property by virtue of this contract.
,~
Page 6 of 11 Pages
~~
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 a~d agreed
between the parties hereto that time is of the essence of
this contract and this also applies to all terms and condi-
tions contained herein.
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 forefeit 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 with the premises leased hereunder without first
obtaining written approval of Lessor. ~
20. ASSIGNHENT, 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 COQsent of the Lessor.
21. TAXES. Should any taxes be imposed upon the
premises 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. 11AINTENANCE 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
,,,
Fage 7 of 11 Pages
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and contents for unpaid sums due or to become due for the
use of the airport facilities or services or damage caused
to any propeity 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 or use thereof by Lessee, pro-
vided, 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
ventures, enterprises or activities, including, but not
limited to, the sale of gasoline, oil, airplane parts, or
any other goods and/or services, and covenants that he will
not conduct any other goods and/or 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 mqde 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 agrees to maintain the
demised premises in a clean condition and to maintain an
adequate number of covered metal waste containers at suit-
able locations, and shall deposit all trash and waste
.
therein, and shall arrange for the proper disposition off
the Airport of such trash, waste or refuse at its cost and
expense. Further, Lessee agrees that the areas not paved
shall be maintained by it in a neat condition, and that
grassed areas shall be mowed regularly 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 by aircraft or vehicles
will not cause dust, debris or waste to be blown about or
,~
,Page 8 of 11 Pages
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raised so as to interfere with or disturb the use or enjoyment
of 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 approval of the Lessor.
27.
USE OF PROPERTY.
The Lessee shall use the leased
property for parking of its aircraft.
28.
IMPROVEMENTS.
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 imporvements placed on the leased premises
~
shall vest in the Lessor.
29.
SURRENDER OF POSSESSION.
Promptly upon the ter-
mination of this lease by lapse of time or otherwise, the
Lessee will at once peacefully surrender and deliver posses-
sion to the Lessor of all of the lands hereby leased and all
of the improvements thereon to which the Lessor is entitled
hereunder, in good repair in accordance with the covenant
herein contained to maintain and repair.
30.
NON-EXCLUSIVE USE.
It is understood and agreed
that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right within the
ITleaning of Section. 308 of the Federal Aviation Act of 1958
or its successor.
31.
SEVEP~BILITY.
In the event any covenant, condi-
tion or provision herein contained is held to be invalid by
any court of competent jurisdiction the invalidity of any
such covenant, condition or provision shall in no way affect
any other covenant, condition or provision herein contained;
provided that the invalidity of such covenant, condition or
."
.Page 9 of 11 Pages
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provision does not materially prejudice either Lessor or
Lessee in its respective rights and obligations contained in
the valid covenants, conditions or provisions of this lease.
32.
NOTICE.
It is understood and agreed between the
parties hereto that any written notice required under the
terms of this lease to be given to the Lessor would be given
by Certified Mail - Return Receipt Requested and addressed
to:
Director of Airports, Monroe County
Key West International Airport
S. Roosevelt Boulevard
Key West, Florida 33040
and, any written notice required under the terms of this
lease to be given to the Lessee would be given by Certified
Mail - Return Receipt Requested and addressed:
Exec Air Service, Inc.
Marathon Airstrip
Marathon, Florida 33050
...
33. SPECIAL CLAUSES.
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Page 10 of 11 Pages
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DATED at
Key West
, Monroe
County, Florida, the day and year first above written.
COUNTY OF MONROE, STATE OF FLORIDA
By
Chairman of
Commissioner
Florida.
County
County,
(Seal)
Lessor
Att~st,~ ' ft
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'-,- Clerk
EXEC AIR SERVICE, INC.
By, ~~~, Clt& ~
Presldent
(Co:cporate Seal)
Lessee
Attest:
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Sec tary
.
APPROVED AS TO FORM
ANDLEGALSUFRC~NCY.
BY
Attorney's Office
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Page 11 of 11 Pages
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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 Southwest Corner of that tract of land leased to William
P. Smith, Jr.; from said POINT OF BEGINNING South 67 degrees
and 52 minues West, 275 feet; thence bear North 22 degrees
and 09 minutes West, 79.2 feet; thence bear North 67 degrees
and 51 minues 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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