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12/15/2004 Agreement Cleltllllhe Circll Clln Danny L. Kolhage Phone: 305-292.3550 Fax: 305-295-3663 Memnrandum To: James R. "Reggie" Paros, Director Public Safety Attn: Stacy De Vane, Executive Assistant Isabel C. DeSantis, . .// Deputy Clerk yV' From: Date: Tuesday, February 15, 2005 At the Board meeting of December 15, 2005, the following was approved: Lease Agreement between Monroe County and Sanctuary Friends of the Florida Keys, Inc, to lease space at the Florida Keys Marathon Airport on a month-to-month basis, effective January 1, 2005, contingent upon meeting all county requirements, Enclosed is a fully executed duplicate original for your handling. Should you have any questions concerning this matter, please feel free to contact this office. Copies: Finance County Attorney File./ LEASE AGREEMENT THIS LEASE is made and entered into on the 15th day of December, 2004, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Lessor," and SANCTUARY FRIENDS OF THE FLORIDA KEYS, INC., hereinafter referred to as "Lessee," whose address is 9400 Overseas Highway, Suite 125, Marathon, FL 33050. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor leases unto the Lessee an area at the Florida Keys Marathon Airport, Marathon, Monroe County, Florida, as follows: A. Public Exposed Area of 130 square feet, located in the Airline Terminal, Suite 125, at a rate of $27.96 per square foot/annually (Exhibit A). Exhibit A is attached hereto and made a part hereof. 2. TERM. The above-described premises are leased to the Lessee on a month- to-month basis beginning January 1, 2005. 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the amount of $302.90 per month, plus applicable sales tax, for the use of said premises during the term of this lease. Said rent to be payable in advance on the first day of each month during said term. Rental rates are subject to revision each year, effective January 1, in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the Lessee as follows: A. The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. B. The Lessee, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or under it. respon;ibility ~~i~~~~:~~e of the leased premis~711~I~H~P:i~ ~!g~l?r8jements are the '1 ~.f . \~ 1:J . .", . (1'7 'j' lid "I n. I ~J ~. l\ S G.Jj :JLJ D. Electric, water, sewage and solid waste collection services are included. The Lessee is responsible for telecommunications service, normal cleaning service and routine maintenance of the premises. 5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the Lessor as follows: A. Lessee will utilize the leased areas for the following services: Office space only, to provide clerical support for Sanctuary Friends of the Florida Keys, Inc. B. To pay the Lessor the rent at the times and in the manner provided for by this lease. C. Any commercial aeronautical activity shall be conducted in strict compliance with the Minimum Standards for Commercial Aeronautical Activities. D. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. E. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. More particularly, Lessee covenants that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. That in the event of breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, part 21 are followed and completed including exercise or expiration of appeal rights. F. That the Lessee expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. 2 G. That the Lessee expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. H. This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the Florida Keys Marathon Airport. 1. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. 6. HOLD HARMLESS AND INSURANCE The Lessee agrees to indemnify and hold the Lessor harmless from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s), their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the CONTRACTOR shall furnish the Owner Certificates of Insurance indicating the following coverages or in excess thereof, and naming Monroe County Board of County Commissioners as an additional insured on all policies except Workers Compensation: · General Liability (Premises operations, blanket contractual, expanded definition of property damage, products, and completed operations, personal injury) with $100,000.00 per Person, $300,000.00 per occurrence, $50,000.00 property damage, or $300,000.00 combined single limit; and fire legal liability with limits equal to the fair market value of the leased property) · Vehicle Liability with $100,000.00 per Person, $300,000.00 per occurrence, $50,000.00 property damage, or $300,000.00 combined single limit; · All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less that the Replacement Cost Value of the property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire, Sprinkler Leakage, Windstorm, Civil Commotion, Lightening, Sinkhole Collapse, Smoke, Aircarft and Vehicle Damage, Vandalism, Falling Objects, Explosion and Flood. 3 Lessee shall obtain and maintain throughout the life of this agreement those insurance coverages and amounts required. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 7. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between the Lessor and the Lessee as follows: A. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said premises. B. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. Any assignment of this lease shall not become effective until approved in writing by Lessor. The premises shall not be sub- let. 8. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and local laws governing the activities under this lease. This lease agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. This written lease represents the parties final mutual agreement and supersedes any prior agreements concerning the premises, whether written or oral. This lease agreement may only be modified by a written amendment signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first above written. .~. . . (SEAt~ I.~ \~ ',A-rrESTbOANNY L/KOLHAGE, CLERK ";"~;G~/ ~ ~. ~t:,~---_'"^ C. ~ I "',0"___"'"' Deputy lerk u /,J../,s-.or BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By L~# >n ~.~) Mayor/Chair an 4 Oil' . -I .~ ~ . - . . . - '. I~: .. I : . 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For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to t Date: I ~ d Lf - 0 5 STATE OF F"/OY) cl~ (VI on rD E: COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, G eo\'" j e.... K _ J\J e. U 1R n + who, after first being sworn by me, affixed@her signature (name of individual signing) in the space provided above on this c7 Lf day of JanUQY"7 ,2005 ~ENC~ NOT PUBLIC My commission expires: ,~RY PUJ>. ..0......;"C' CATHY E. HARPE * &~ * MY COMMISSION # DO 216064 "'~~ EXPIRES: August 23,2007 -1I"(,OFfl.o<f:' Bonded Thru Budget Notary Services OMB - MCP FORM #4 MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Sanctuary Friends of the Florida Kevs, Inc. Contract for: Lease office space in the Florida Kevs Marathon Airport terminal Address of Contractor: P.O. Box 504301, Marathon, FL 33050 Phone: / '., ,'- ~' ( ?) f' Cj ) r) ))'; (( r-:)..- .-+ 0 J - > Scope of Work: (- :;; \~\ y e 1) ~ -t \ \\ C\ '( \ \1 <Z- ('. " II lIe" \- L _ \-<'OJ s N cd l ol\O-I r- .+ .... ( _~C\. II C ,U(\ I 'j . Reason for Waiver: [\J (\ -~ I . ( n (' C (\, (cl, U (l (' ({ I, X ~; C l A) Q ["(1 V 1:?, Policies Waiver will apply to: pc '{SCll(( ( \ Vehic1e Insurance !\\':.".;'Cc.',\I(.e ~)()\'\(I\2'-::on c r ) Vi) f, I C (c _S Date (I (\"n~L\ +j(U(~C (') \ APP~ '" .' Not Approv,d ~t)\.~ 0.'<6 ,..()5 Signature of Contractor: Risk Management County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule ofInsurance Requirements, be waived or modified on the following contract. Contractor: Sanctuary Friends of the Florida Keys, Inc. Contract for: Lease office space in the Florida Keys Marathon Airport terminal Address of Contractor: P.O. Box 504301, Marathon, FL 33050 Scope of Work: ( '). ,,;--)1 <7 Or '\ \ C' c~ ,)\.) ) ) ,-J.-. ,) ~ ,_7- d 6 ,~ ~) '.' ? p u v.t '-\ \"\.Q/ (' L. K--"''-6 s 1" j (\.'i\ D ntzJ ,I. l\\n \ \ \ \C. ~.JO. \\( ~ v (\ Y' \-j Phone: Policies Waiver will apply to: \) 0 t (\ ~~) \ \ ((\ b \ c \)e C {( U 'J e ~cJc n r e (\U-\ \ ('fe';" n 5 '~\" e ,0 nh "e to \,', \ C\; \\~) All Risk Property Insurance Reason for Waiver: ',c J ;,,:"rl ~'-:\ HCt"r- Appmved ~ Not Appmved 01\.~ ~"8'DS Signature of Contractor: Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYV) TM 02/04/2005 ~~R (305)743-0494 FAX (305) 743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keys Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 500280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marathon, FL 33050-0280 INSURERS AFFORDING COVERAGE NAIC# INSURED Sanctuary Friends of the Florida Keys, Inc. INSURER A: Century Surety Ins Group P.O. Box 504301 INSURER B: Marathon, FL 33050 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY TBA 02/01/2005 02/01/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000 I CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 2,00(J A PERSONAL & ADV INJURY $ Included f-- GENERAL AGGREGATE $ 2 ,000 , OO(J f-- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Excluded n .nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT f-- $ ANY AUTO (Ea accident) f-- ALL OWNED AUTOS BODILY INJURY f-- $ SCHEDULED AUTOS (Per person) f-- HIRED AUTOS BODILY INJURY f-- $ NON-OWNED AUTOS (Per accident) f-- f-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ==i ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY \Q ~;:;J};i EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AP GEMENT AGGREGATE $ BY 1\ 1 \, $ d- ~.~~ ;;.:--- ~ DEDUCTIBLE 2. .. $ RETENTION $ DATE $ WORKERS COMPENSATION AND WAIVt:R N/A~ YF " T ~VXSJT~T.\;!;.T 10J,tl- EMPLOYERS' LIABILITY _._,......---~......- ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS he following is listed as Additional Insured C C Monroe County BOCC 5100 College Road Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) FAX: (305)292-4590 '~M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDNYVY) 02/04/2005 PRODUCER (305)743-0494 FAX (305)743-0582 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Keys Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR P.O. Box 500280 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marathon, FL 33050-0280 INSURERS AFFORDING COVERAGE NAIC# INSURED Sanctuary Friends of the Florida Keys, Inc. INSURER A: Century Surety Ins Group P.O. Box 504301 INSURER B: Marathon, FL 33050 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I,N~: ~~~~ TYPE OF INSURANCE POLICY NUMBER p~.Ll~Y EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE [K] OCCUR - GEN'L AGGREGATE LIMIT APPLIES PER: ---, r-l PRO- n I POLICY I I JECT LOC AUTOMOBILE LIABILITY - - TBA 02/01/2005 02/01/2006 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ 50,000 MED EXP (Anyone person) $ 2,000 PERSONAL & ADV INJURY $ Included GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ Excluded A t-- GARAGE LIABILITY =1 ANY AUTO EXCESs/UMBRELLA LIABILITY :=J OCCUR 0 CLAIMS MADE I DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below OTHER APPAO I.-I' BY 1\ ~)' v DATE I"\PAS K M/~'( EM E In \\11'111 11 .~ ~- ~-T1; ~'/AI__YES __ COMBINED SINGLE LIMIT $ (Ea accident) BODILY INJURY $ (Per person) BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per eccident) AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ I T"X~JTfH,lt~ I 10J~- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ ANY AUTO - ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS - - - - WAI\fEB itP.,ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS I.he following is listed as Additional Insured r L (;) P'j '. "\ I '"'"~ r. (~ Monroe County BOCC 5100 College Road Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Lourdes Monta ne ACORD 25 (2001/08) FAX: (305)292-4590 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08)