Resolution 135-1978RESOLUTION NO. 135-1978
A RESOLUTION AUTHORIZING THE 14AYOR AND CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
FLORIDA, TO EXECUTE A LEASE AGREEAENT FOR HANGAR
SPACE BY AND BETWEEN JOSEPH J. SCARLET, P.A., AND
THE COUNTY OF MONROE, STATE OF FLORIDA.
BE IT RESOLVED BY THE BOARD OF COUNTY C014MISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman be authorized to execute a
Lease Agreement for Hangar Space by and between Joseph J. Scarlet,
M.D., 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 held on the 16th
day of May, 1978.
Attest:
C erk
BOARD OF COUNTY C0MMISSIONERS OF
MONROE COUNTY, FLORIDA
B
44.a�an Chai
(Seal)
I HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ciency and that the same meets with
my appr
,q,vj 1.
By
Attorney's Office
LEASE AGREEMI`rJT FOR 1IANCAR SPACE
THIS LEASE AGREEMENT, "lade and entered into this 16th
day of May 1978 by and between the COUNTY
,OF MONROE', STATE OF FLORIDA, a political subdivision of the State
of Florida, hereinafter called the Lessor, and JOSEPH J. SCARLET,
P.A., whose address is 3428 N. Roosevelt Boulevard, Key West, F1.,
hereinafter called the Lessee:
W I T N E S S E T H:
That the Lessor hereby leases that certain property describ-
ed in Exhibit "A" 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
until October 22, 1994
unless sooner terminated in accordance herewith.
2. R1,NTAL. The Lessee covenants and agrees to pav the
Lessor in advance as rent for said property during the said term
of this lease, FOUR HUNDRED TWENTY ($420.00) 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, 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 sarae 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.
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-
Igence 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 with 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 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
directives, now in existence, or which may hereafter be made, said
Lessor, its agents or employees may immediately re-enter said
Page 2 o l 9 Pales
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 AND ATTORNEY'S.FEES. Lessee agrees to pay all
costs and expenses and a reasonable att.orney'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-
wis.e 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 otherwise.
10. CONDITION OF PREMISES. A. The Lessee acknowledges
.and agrees that he has examined the premises, and is fully advised
Page 3 of 9 11a„es
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 in
anywise affect the Lessee's obligations under this lease.
B. Lessee herebv 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 -ood 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, 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 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
Pa,,e 4 of �, Pales
i
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 c.onnection
with this lease, and the Lessee's operation hereunder.
13. CLAIMS. The Lessee shall defend, pay or 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 pay or 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 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
1.
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 anv right, title or interest
in 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,
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 and 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 promises leased hereunder without first obtaining written
approval of Lessor.
20. ASSIGNMENT, SUBLET AND ALTERATIONS. The Lessee
shall not assibn 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.
Paf;e 6 of 9 Pages
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 anv 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 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 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 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 s.ale of gasoline, oil, airplane parts, or any other goods
and/or services, and convenants that he will no•t 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 b•e 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 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.
23. 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.
Page 8 of 9 Pages
DATED at Key West
Florida, the day and year first above written.
ttest:
Attest:
r
, Monroe County,
COUNTY OF MONROE, STATE OF FLORIDA
B
Mayor nd C airman o the Board
of County Commissioners of
Monroe County, Florida
(Seal)
Lessor
J(fi J . SCARLET, P . A .
By
seph Sca let, President
(Seal)
Lessee
1 HEREBY CERTIFY that this document
has been reviewed for legal suffi-
ecretary
ciency and that the same meets with
rn j appr,;val.
By
Attorney's Office
Page 9 of 9 Pages
tA
DESCRIPTION OE' PROPOSED LEASE AT KEY WEST 1NTERNATIONAL AIRPORT
FOR: J.J. SCARLET, M.D.
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 right-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 99 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 50 feet back to the
Point of Beginning, c taining 0.07 acres, more or less.
PH111LIPS & . TRI SURVEYING, I j;
JM. Phillips, Professional L. Surveyor
lo,r,ida Reg. Cert. # 1410
January 5, 1978
Key West, Florida