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Resolution 183-1980 RESOLUTION NO~83 - 1980 RESOLUTION AUTHORIZING THE CHAIR~~N OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND EDWARD B. KNIGHT FOR HANGAR SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, 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 Board of County Commissioners and Edward B. Knight for Hangar Space at the Key West Interna- tional Airport, 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 15th day of July, 1980. BOARD OF COUNTY COMMISSIONERS :: MONROE fiTY '1i: ~an (Seal) Attest :-.'/ /7 ",/ <: / . /-v E" / /' /. /~;- /// .~-rz-.., ,,-,_/~/%/:/ If/ ~~...:-</' , / Clerk AA.1UWDM70 FORM sr:~ 13 '1 )f3 1(1~O LEASE AGREEMENT FOR HANGAR SPACE THIS LEASE AGREEMENT Made and entered into this 15th day of July ... , 1980, by and between the COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision of the State of Florida, here- inafter called the Lessor, and EDWARD KNIGHT, whose mailing address is 336 Duval Street, Key West, Florida 33040, hereinafter called the Lessee: WITNESSETH: That the Lessor hereby leases that certain property described ln Exhibit "A" attached hereto and made a part 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 May 1, 1980, until September 30, 1984, unless sooner terminated in accordance herewith. 2. RENTAL. The Lessee covenants and agreBs to pay to the Lessor in advance as rent for said property during the said term of this lease, FIVE HUNDRED FORTY DOLLARS ($540.00) 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, comply with and abide by all applicable rules, regulations and directives of the Lessor as presently existin~ or as may be prom- ulgated, changed or amended from time to time, and it shall be the duty of the Lessee to become and remain informed ~nd 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 provisdons of this article shall be cause for termination of this lease. 4. PERSONAL PROPERTY. All personal property placed or moved ln 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 J3s 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- ~:v~r, 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 pemIses 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 with the terms of this lease, or any of said rules and regulations or dire.€tives, now In eXIs- tences, 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 desire, there- from 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 reco~er possession of said pemises, and expressly agrees th~t In the event of a violation of any of the terms of this lease, or of said r~les, regulations, or directives, now in existence, of which may hereafter be made, said Lessor, it's agents or emploiyees may immediately re-enter said premises a~d dispossess Lessee without legal notice or the insti- tution of any legal proceedings whatsoever. B. In additon to the acts of default elsewhere defined, the commission of any of the following acts by the Lessee Page 2 of 9 Pages t3 to 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 receiveer 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 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- wlse 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. T~e 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 ln anywise affect the Lessee's obligations under this lease. Page 3 of 9 Pages 13'( \ 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 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, passengers, or persons under the control of the Lessee, arid 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 piemises, 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 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 " 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, neglig~nce 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- izd 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. Page 4 of 9 Pages 13 $> 13. CLAIMS. The Lessee shall defend, payor settle any and all liability, demands and claism by or in favor of any person including, but not limited to, the Lessee's agents, servants or employees, against the Lessor, its departments,ragencies, 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, inlcuding 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 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 by Lessor in any 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. .' 15. INSOLVENT, ETC. If the Lessee shall become insol- vent or if bankruptcy proceedings shall be begun by or aginst the Lessee before the end of said term, the Lessor is hereby lrrevo- 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 toher judicial officer during the term of this occupancy in their fiduciary capacity without affecting Lessor's rights as contained in this contract, but not receiver, trustee or other judicial officer shall ever have any rigDt, title or interest ln 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, Page 5 of 9 Pages 13~ 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 an~conditions con- tained herein. 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 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 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. 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. MAINTENANCE OF PROPERTY. The Lessee agrees to keep the propety 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 bnpaid sums due or to become 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 premises and any building5 that may be erected thereon at Page 6 of 9 Pages f<fD all times free and clear of any and all liens in anywise arlslng 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 th~ 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 covenants that he will 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. MAINTENANCE. 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, 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 premlses. . . 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 w~th 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 Page 7 of 9 Pages 'w deems it necessary for the operation, control and/or development of the airport, Lessee shall vacate the premises. Lessor may provide other premises to Lessee for remaining term of this lease if same are available. r - 29. SPECIAL CLAUSES. The parties specifically agree that the rental rates previously provided for herein shall lncrease automatically based upon the U. S. Department of Labor Consumer Price Index (U. S. City Average all items), using May 1, 1980, as the base period equal to 100 as compared to said index at the end of the twelve month period and applying such percentage increase to 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. Key West DATED at , Monroe County, Florida, the day and year first above written. Lessor BOARD OF COUNTY COMMISSIONERS OF MONROE TY, FLORIDA By Attest: _---", _ -../ ~~~/~> (Seal) Lessee ~t~ WITNESSETH: APNHJvED .4$10 FORM ~",~y. SY,.~~~ Page 8 of 9 Pages 1</2- EXHIBIT "A" DESCRIPTION OF: PROPOSED LEASE AT KEY WESTrINTERNATION AIRPORT FOR: EDWARD B. KNIGHT That 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 Hangar Areas at Meacham 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 Manager at Key West International Airport, Key West, Florida, as Parcel 10, Unit 1. ..~ Page 9 of 9 Pages Ilf3