Loading...
Resolution 388-1989 Peter Horton, A.C.A. Division of Community Services RESOLUTION NO. 388 -1989 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF HONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD TO APPROVE A SUB-LEASE AGREEMENT, AS AIvIENDED, BETWEEN ISLAND CITY FLYING SERVICE AND AEROPLANE TOURS, INC. CONCERNING AIRCRAFT TIE-DOWN SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve a sub-lease agreement, as amended, between Island City Flying Service and Aeroplane Tours, Inc., a copy of same being attached hereto and made a part hereof, concerning aircraft tie-do~m space at the Key West International Airport. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 27th day of June, A.D. 1989. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: $I~~~ (Seal) Attest: DANNY L. KOLBAGE, ~E ! J, \ ~HiO:: JOHHOW ',.". \Jll ,H":jf] APNIoVED AS ro FORM ANDLEGAL~A~ 8Y .~~,. ~;"A1i;/ Art, "'/ ir'" zz: O~ 9l 9n~ 69. ""l" . ' ." ,i311;! Ud j..},Ju .lU..J U ADDENDUM TO BUSINESS LEASE This addendum, dated the day of 1989, hereby amends and/or clarifies that certain business lease dated February 20, 1989. between Island City Flying Serice and Aeroplane Tours. Inc.. as follows: 1. The premises being leased consists of one Aircraft Tie-down space. 2. The term "landlord's" in paragraph 24 shall be replaced by the term "Lessor's". 3. The term of this addendum shall not extend beyond the term of the original lease. ISLAND CITY FLYING SERVICE By: Jack T. Murray, President Witnesses AEROPLANE TOURS, INC. By: Witnesses MfIROVID A$ TO RJIfM ANnlEG4LSUFRC~NCY. ~~~~lti-l/ .Made this 'LANX --.rOI"'I".IO. 1.11 ....T O"PICE FORM 1121 r.uv..u.nl. BUSINESS LEASE. futtle L8W PI',nt.Puoltshel'sRufI4nd, Itt ~~~yit~~rltmtnt itttutttt , 19t'l ISLAND CITY FLYING SERVICE 01 the first part, and AEROPLANE TOURS, INC. 01 the County 01 and State 01 hereinalter called the lessee or tenant, party 01 the second part: , hereinalter called the lessor, party Jf*henver rued herein, fh" f('rm IIparfy" a/mil includr thi" hl'irs, prr..onal rrprl'.'lrntatir'(,8, 81lCCtlSOI'S flll" / or (usilns of the rl'sprrtil1e partir.. hrrefo; 'bl' us!' of Ihe s;n4ulfll' Illimbrr shall include the plural, and thr plural the ,<lintrtlar; till' UIIi' of (lilY trndrl' s/mll i"dude all tenders; and, if UlJ('d, the term. "note" shall inclluie all tlu> noteH herein described if morl' than one IIttttt.a.attq, That; the said lessor does this day lease unto said lessee, and said lessee does hereby hire and take as tenant under said lessor Room or Space SEE EXHIBIT "A" ATTACHED Ho. situate in Florida, to be used and occupied by the lessee as and lor no other purposes or uses whatsoever, lor the term 01 four years , ooc~~xnzx~~~[mm{tDx~~ beginning the 1st day 01 October , 1!.#38 , and ending the 30th day of September , 1f*)2 ,al and lor the agreed total rental 01 EIGHT HUNDRED ($800.00) DOLLARS per month-------------xQfd~ payable as follows: all payments to be made to the lessor on the first day of each and every month in advance without demand at the office 01 in the City 01 or at such other place and to such other person, as the lessor may Irom time to time designate in writing. The followin~ express stipulations and conditions are made a part 01 this lease and are hereby assented to by the lessee: 1. The lessee shall not assign this lease, nor sub-let the premises, or any part thereol nor use the same, or any part thereol, nor permit the san~e, or any part there- 01, to be used for any other purpose than as above stipulated, nor make any altera- tions therein, and all additions thereto, without thewl'itten consent of the lessor, and. all adiJitio1}s, ft.xtures, or improvem, ents which may be made b" y lessee I e;rcept mOl.atJle ;>/flce runuture, shall become the properly 01 the lessor and remain upon t~~e premlses as a part thereol. and be surrendered with the premises at the lermina- twn 01 this lease. 2. All personal property placed 01" moved in the prernises above described shall be at the risk of the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the lessee arising from the burstind or leak- ing 01 water pipes, or fron~ any act of negligence of any co-tenant or occupants of the building or of any other person whomsoever. 9. That the tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, Sta.le and City Government and 01 any and all their Departments and Bureaus applicC'ble to said pre1nises, for the correction, prevention, and abatement of nuisances or other trievances, in, upon, or connected with said premises during said term,. and shall also promptly comply with and execute all rules, orders and retulations of the South- eastern Underwriters Association for the prevention of fires, at his own cost and expense. 4. In the event the premises shall be destroyed or so damaged or injured by fire or other casualty durint the life 01 thbs a~reement, whereby the S'ame shall be rend- ered untenantable, then the lessor shall have the ritht to render said premises tenant- able by repairs within ninety days therelrom. II said premises are notrendered tenant- obi" !f>UJ,:n ",,-id time, it shall 7 "Jtional with eif}; er party hereto to cancel this lease, and In the eljent 0' s[.~?,~~,~.n, . ....':~e~<'.~".t,./~;,~l.~,~~ b,e pa~d. o.nly to the date?ts!,ch '-to, r -'--.'f,,-.-_;7--7-~ -;-~;;';~-;--,-,,,, -'_':--:r ;:;'" - :r.-;;;;:r"q:-,-=,,';,---.-;",t---;,:r-::;- --....-..,.....,,-.---1- ------'-..J (J1l(' he je,'I"'j IU 0,)::;(;./ Vu.,hC(, u/ I (/:,e" I ,;";w~Q;v.v,v,, lh /,1,. eu. upon 1.1'~ts ease, anu which arc hereby made a part of this covenant, and of such other and further rules or reguh " as may be hereafter nwdc by the lessor, are" ohditions upon which . the leu,;)!:/ (,) made and accepted and any failure on the l'lH v vi the lessee to comply u:it II. I he t cr1flS of said lease, or any of said rules a nd re~ulations now in existence, or which may be hereafter prescribed by the lessor, shall at the option of the leseor.. work (/ fOlj'eiture of this contract, and all of the ri~hts of the lessee hereunder, and thereu pon the lessor, his a~ents or attorneys, shall have the ri~ht to enter said prem- ises, and remOl'C all persons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law to terminate tenancy, and also u'ail'cs any and all legal proceedin~s to recover possession of said premif~es, and ex- pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulation.'?, now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter said prelnises and dispos!lC.BS lessee zDithout legal notice or the institution of any lef!al proceedin~s whatsoever. - 6. If the lessee shall abandon or vacate said premise,y before the end of the term of this lease, or shall suffer the rent to be in arrears, the lessor may, at his option, fort II wi t h can eel this lease or he rnay enter said premises as the atent of the lessee, by force or otherzoise, without bein~ liable in any way therefor, and relet the premises u'ith or without any furniture that may be therein, as the a~ent of the lessee, at such price and Zf pan such terms and for such duration of time as the lessor may determine, and receino the rent therefor, applying the same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized by lessor over and above the expenses to lessor in such re-lettin~, the said lessee.'lhall pay any deficiency, and if more than the fu.u rental is realized lessor will pay over to said lessee the e:rcess of demand. ~ X>>X!J.~~x}tIDtXltmflW{~ ~. 8. The lessee agrees that he will pay all charges for rent, ~as, electricity or other illumination, and for all water used on said premises, and should said char~e.'l for rent, light or zlIater herein provided for at any time remain due and unpaid for the space of five days after the same shall have become due, the lessor may at its option consider the said lessee tenant at sufferance and immediately re-enter upon said pre1nises and the entire rent for the rental period then ne.l:t ensuin~ shall at onc,e be due and payable and may forthwith be collected by distress or otherwise. 9. The said lessee hereby pled~es and assi~ns to the lessor all the furniture, fixtures, goods and chattels of said lessee, which shall 01' may be broutht or put on said prernises 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 a~ree to pay attorney's fees of ten per cent of t he amount so collected or found to be due, to~ether with all costs and chartes therefore incurred or paid by the lessor. xUk~~ ;oomn . ~~~RxooxrtJX~ YIlIx<<XXXXXXXXXXXXXXXXKllJ~~ ~t7Jcx~tii~"XMi:~~ XKf1!XrmJlJtx'f!r/.~fX, xKDc~i 'IJJtI./JlJ.:tJl..'1f!Dll .. ~ 11. The les.wr, or any~ a~ents, shall have the ri~ht to enter said premises during all reasonable hours, to examine the sarne to make such repairs, additions or alterations as /nay be deem,ed necessary for the safety,. cornfort" or preservation thereof, or of said buildin!!. or to exhibit said premises, and to put or l~eep upon the doors or z,uindows thereof a noUoe "FOR RE'NT" at any time within thirty (SO) days before the expiration of this lease. 'The right of entry shall likewise exist for the pur- pose of removing placards, signs, fixtures, alterations, or additions, which do not con- form to this agreenz,ent, or to the rules and regulations of the building. 12. Lessee hereby accepts the premises in the condition they are in at the be- ~innin~ of this lease and a~rees to maintain said premises in the Sa1ne condition, order and repair as they are at the con~mencement of said term, exceptin~ only rea- .wnable UJear and teal' arising from the use thereof under this a~reement, and to make good to said lessor immediately upon demand any damage to water apparatus, or electric lights or any fixture, appliances or appurtenances of said premises, or of the building, caused by any act or ne~lect of lessee, O/' of any person or persons in the employ or under the control of the lessee. 13. It is expressly agreed and understood by and between the parties to this agreelnent, that the landlord shall not be liable for any damate or injury by water, which may be sustained by the said tenant or other pe'rson or for any 'other damate or injury resu.ltin~ from the carelessness, netli~ence, or improper conduct on the part of any other tenant or a~ents, or employees, or by reason of the breakate, leak- a!!e, or obstruction of the water, sewer or soil pipes, or other leakale in or about the said buildin~. - 11;. If the lessee shall become insolvent or if bankruptcy prooeedinls shall be begun by or a~ainst the lessee, before the end of said tenn the lessor is hereby i'rrevo- cably 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 offl,cer durinl the term of their occupancy in their fiduciary capacity without effectinllcssor's rights as contained in this contract, but no receiver, trustee or other judicial offl,cer shall ever hr' " riflht, title or interest in or to the above described property by ~.; rei JiJ t^ ,,^ , . "s x......:{~\.~L\.,~:cJ\.;{-i\.'-1\.vAR..I.-\.h~%~1\.~~A"kJ,:uu\::i).1.~..j.u.u.~(.r_U~l~':iu'~tAj~~Z-::"':-'-----:---"'--~---_' '.- ';U";l"~'V' -, "---i'I'; - -- ~~qM~~l~!H.*,lx~~lW!cli.~iX'lJ&~~~xi1c~x2x..AY:PiH~ o,~x~fZeEo~aW~a~:erM~XS19~~PEofnM~~5{2<x~~5QJM~'f'S.~~,x2S~YJf't'1re . ~~ ~X(J.~~21W'jMfin~iHP~~nx~MiiJ'W v lRJ~~XfJh~R9J"x~'RJfJ 25~1;~~"flj~~~~~JI(~iWi~~lf.})wmf~~~~~1C~~~1t~~~p~~M~M. 16, This contract shall bind the lessor and its assi~ns or successors, and the heirs. assigns, adm.inistrators, legal representatives, executors or successors as the rw'Jc may be, of the lessee. 17. It i.'? understood and ad-reed between the parties hereto that time is of. the essence of this <'ontraet and this applies to all terms and conditions conta~ned herein. 18. It is understood and agreed between the parties hereto that written notice mailed or delivered to the premises leased hereunder shall constitute suffl-cient notice to the lessee and written notice mailed 01' delivered to the offl-ce of the leSSEr shall constitute sufficient notice to the Lessor, to comply with the terms of this contract. 1.9. The rights of the lessor under the fore~oin~ shall be cumulative, and failure on the part of the lessor to exercise promptly any rights ~iven hereunder shall not operal e to forfeit any of the ,<wid ri~hts. 20, it is further understood and agreed between the parties hereto that any charges a~ainst the lessee by the lessor for service.c; or for work done on the premises by order of the lessee or otherwise accruint under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid. 21. It is hereby understood and agreed that any si~ns or advertising to be used, in cllldil1 g awnings, in connection with the premises leased hereunder shall be first 811. bmitted to the lessor for approval before installation of same. 22. Lessee acknowledges that this is a sub-lease from Lessor subject to all terms and conditions of the main lease between Island City Flying Service, Inc. and Monroe County. 23. Lessee agrees to maintain public liability insurance in an amount not less than $1,000,000.00 , naming the responsible parties as their interest may appear. 24. Lessee agrees that Lessee is not the only user of portions of the property of Lessor and that Lessee shall not interfere with the quiet enjoyment of other Lessees of Lessor. Lessee further acknowledges that it will not be the landlord's responsibility to enforce the terms of this paragraph. 25. Lessee agrees that Lessor may terminate this lease upon sixty (60) days notice at any time without cause. 26. Lessee shall be allowed to park one (1) airplane(s) in the leased space. 27. Lessee acknowledges and agrees that Lessor may from time to time be required to utilize the leased space for other purposes. Lessee agrees to move any personal property located on the leased premises to any other location designated by Lessor of equal size. (Continued) 1111 lIit111'115 IIQl'fl'Of. the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. ABlI3WDAI TOItJIIM } ANI? LEGAL SfHF~ NCY. . C /, . (/ , //' (!!punty pf /1lCl'vl.,K_ 'try ~'l ' l ,; ,'uuil/ / Au", ('v'. Ie, 3J 1lI1'rrby C!!rrtify. That on this day personally appear (:l before me, an offl-cer duly authorized to administer oaths and take acknowledtments, t'~H.l I d t' ,,1,(' I Jr-. FI' ed t. c c;l..PCl ()~.s to me well known to be the persons described in and who executed "the foreloinl Lease, and Ihc'\.-i acknowled~ed before me that "I--h-e d executed the same for the pu.rposes 'there in expressed. 7- 1In JIIlitnl'sl1 1IS4trtuf. I have hereunto set my hand and afll,xed my offioial, sea t a it!" cl (,<) ,- , + said Coun'lf and Stat,. thts .:10 it., . day of Ft: liT (,ILH i ' A. D. 19 <! 1 KLcth. ~ Notary Public __Me My Commission Expire......... .. ....sioIlla.n.: .......1.. ._ __~n.b&~~_(;i.U.~ in ~.um. of, -~U~J )1."10:::)'7 i'V L_l( .4s to Lessor .fl~ / \l'tC-'-l<..A.~) ~~l1 ,J./' #) 4~"'~ 5/ ~? ....s.' /' \ / ~tntl' nf 1J11nrtbn I~ CI~ SERVICE By : C~ AEROPLANE TOURS, INC. By: .t-,/~~ . Lessee ~ ~ . ~ ~ ~ ~ ~ ~ ~ w ~ 0 ~ ~ ~ ~ = z 0 i ~ 0 ~ ~ ~ ii ~ " 0 ~ I. ~ ~ ~ ~ W .~ ill ~ C I ~ r ~ ~ ~ ~ Z ~ )1 ~ ~ ~ 0 .~ ~ , 8 ~ 28. Lessee agrees to abide by all rules and regulations of Lessor concerning the occupancy and use of the leased premises. This includes rules in existence on the date of this lease as well as all additional rules promulgated by Lessor so long as said additional rules are applicable to all Lessees of Lessor. 29. Lessee agrees to pay as additionll rent all applicable sales tax. 30. Lessee agrees pursuant to Paragraph 23 to name Monroe County as its interest may appear as the primary Lessor.