Resolution 390-1989
-
!-
Peter Horton, A,C.A.
Division of Community Services
RESOLUTION NO. 390 -1989
A RESOLUTION OF THE BOARD OF COUNTY CO~IIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO APPROVE A
SUB-LEASE AGREEMENT, AS AMENDED, BETWEEN ISLAND
CITY FLYING SERVICE AND CONCH CLASSIC AIR 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 Conch Classic Air Tours,
Inc., a copy of same being attached hereto and made a part
hereof, concerning aircraft tie-down 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
llY: ;?//~~
MAYOR/
(Seal)
Attest :D~ L. KOLHAGE, 9lerk
~~~/
A#f'I!IROWD AS TO FOIIM
AND LEGAL SUFFICIENCY.
~~.
( '\,
e'/ - J'l .
- .-. ---r.-
A tr e.f. . .~, i,.,:
'IHNOW
ZO: L d lZ 911\1 69.
J(jQJjd duJ UJ11.:J
)
'FORM 112/ FLORIDA Dt'SINESS LEASE.
.Made ads
TUTBLANX IIU""....o U.~"T.OPPle.
70. 'fie 1.8 W Pnnt.Publishers.1?utland. W'
~ if~~fi ~~r~~~
iBrfwrrn ISLAND CITY FL~NG SERVICE
, 19 89
, hereinafter called the lessor, party
01 the first part, and CONCH CLASSIC AIR TOURS, INC.
01 tlte ('ounty of and State of
hereinall cr called the If!ssee or tenant, party of the second part:
H7/t'rl'1't'r ligi'/I hrrl'in, Ihp term "!,arty" .~'UJll inrllu/" th, rs, fJrr,'ional r('pr/'l:rnfati,'rs,
..../I,'r,'.SSOI'S "m/ / OJ' /Issiiflls oj'lhr I','s/JI'/"Ii,'(' parlit'S hl'rl'((), till' 11.'0/' of 'he sinJ1ultlr ,,,,mbe,.
"Iml! ill/'/Ild,' /;,(' pluml, find (/11' plulllltltl' ,-;/I111"la,.; tI/I' U.O;{' vf allY tend,'" slmll inclllde
(III ~t'lIII('f's: ((Ild, 1/ liS/'r!, tilt' t/'l'm "'W/t'" shall in,elu.de all the lIull'S lurdu described if more
than UfU
tllUttP55Ptl1. 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 Sp(j('c
\..
oY
I
'..\'0.
situat e in Florida, to be used and occupied by the lessee
as b i-plane sight-seeing tours and for
7/0 ot her purposes or uses whatsoever, for the term 01 four years ,
.'11)/ ' ~ betinnint the
1st day of October , 19 88, and endint the 30th
day of September , 19 92 , at and for the atreed total rental of
EIGHT HUNDRED ($800.00) DOLLARS per month-------------~, payable as follows:
($400.00 [or the building and $400.00 for the one airplane referred to in
Paragraph 25 below.)
SEE EXHIBIT "A" ATTACHED
all payrnents to be made to the lessor on the first day of each and every month in
arh'ance ldthont demand at the office 01 in the
City of or at such other place and to such other person,
as the lessor may fr01n time to time designate in writint.
I . The follon-iog expres.'i stipulations and conditions are made a part of this lease
and arc hereby assented t,o by the lessee:
1. The lessee shall not assign this lease, nor sub-let the premises, or any part
thereof nor use the Saine, or any part thereol, nor pennit the same, or any part there-
01, to be llsedlor any other purpose than as above stipulated, nor make any altera-
tions thereiil, and all additions thereto, without the .written consent 01 the lessor,
I and all additions, ji~tures, 01' improvements which may be made by lessee, except
moraDle :;ffice (unllture, shall becorne the property 01 the lessor and remain upon
I Ii e premises as a part thereof, and be surrendered with the premises at the termina-
tion o[ this lease. Said consent shall not be unreasonably withheld. ltJYPjj
2. All personal property placed or moved in the premises above de8~rl6ia shall
be at the risk of the lessee or owner thereof, and lessor shall not be liable for any
damage to ;-;oid personal property, or to the lessee arising from the burstint or leak-
ing o( u:atel' pipes, or lrorn any act 01 negligence 01 any co-tenant or occupants 01 the
building or of any other person whom.wever.
3. Tha,t the tena;nt shall promptly execute and comply with all statutes,
urdinan ces, rules, orders, re~ltlations and reqztirements 01 the Federal, State and
City Government and 01 any and all their Departments and Bureaus appUc(1,ble to
said premises, for the correction, prevention, and abatement 01 nuisances or other
griel'ances, in, upon, or connected with said premises durint 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
e;;t.pense.
4. In the event the premises shall be destroyed or so damaded or injured by fire
or other casualty during the lile of thbs agree.,nent, whereby the mme shall be rend-
ered untenantable, then the lessor shall have the right to render said premises tenant-
abl e by repairs lei thin 7iinety days therefrom. Ilsaid prernises are notrendered tenant-
able leit liin said Nnw, it, shall be optional with either party hereto to cancel this lease,
and in tile el.pn! 01 sllch concellation the reht shall be paid only to the date of such
01,11;(' or r'''''', dIll. !"'ll'(' 'Cl4'lTiC I;')n herein 7/1-'" l~n7lcd shall be el'idenced in writinA.
!: ~
I
I
I!
0f
; I
.l
'~
. I
~
II
I '
RxxxtxMXmxNKwx&.)flUQX~i~KX'X,XlD::K(AJ.Wtrl~xiNX10&0!.K>>Xi1ml~Ji~OOiK}mxo{x'i~oommX<<CQc
~x~mKMxlw.RX~~.NX'JJnlx!7.:nlxWY.lulx~nmxRI!mllUK~
u'!.lf..m I u -fu:J:Jd..'il{'1ll.<<fIxx<<~~rlYu/I.Xn f
If{gYtivt~A.J(X'XX}tl~rotimXwx'XWXXXRX1;UimmKhxxwX%xIDOO:~~OOCDi
X~f{.~i1{xM:wx:l}('1(x<XID\.6c!1XXxmx<<x~wx~K . ,
R'i~x~~~~~~t' .
~itY&x'l.kJJl.xlJ..~k~Ytfl~.Jd.ir.1:x~1!)J.J{ .,i ., ,
~..(t.1jx:J.'dY.fkiJ..'j!itY,:xYtixrli.itx"f(X'X~'!.!Xix~lixttixlyfJ;!i.Yri.~~
xlj:IY.f.i!i'kJ!J.~~i~~RKfti~2t~~~xMx:XIj(1{~~J.Jl~~
~~~~~F~XEi(ffi~~~~~~~, ~
J(xj6fj(tx5{~' :;'!:x'x~ K~~ << '. .J' .' . -'
" . . , , ..: . 'x'x' X'J.i.'J.x'it..~fi~~m1:J!xj!:J..' I I. .J"'.
~XX'~ '~I "x~~n. ,'f.>H'W' . . .
~x . ...1, ,I " . rr 'i n "'J ...., . n. 'n Jt:i.trll" .n ".r. .",.J . .:J:
)X'S(VyJ/o ['I\! :> -JJflt"-'OF't.,./ n.,l1n 1'JI~n ,r ~.. .
1),. I lite essce s!lall at)(lll( on orl'({,('alc sauL premf.ses t>elore the en(. of the term
oj' this l('({se, or shall suiteI' t.he rent to be in arrears, the lessor n~ay, at his option,
forthwith cOllee! this lease or he ma.y e.nter said premiges as the a~ent of the lessee,
tya~~XIDi1..tJ.xM.Ktt.iJxrjJ({IJ<M;i1'A1tffibUGr,tXl/{f.JliU.fl.~'if1J.4 a1td relet the premises
71'illt or wit IlIml any furnilure Iltat may be therein, as the a~ent of the lessee, at such
rric(' a Fill Ii !J()n S/l ('11 l er11l s and for such duration of tim.e as the lessor may detern~ine,
(lilt! r('('('i,'(' lite rent therefor, applying the saIne to the payment of the rent due by
these !)1'e8elll8, and if the full rental herein provided shall not be realized by lessor
(wer and abore the e;xpenses to lessor in such re-letting, the said lest/ee shall pay any
defici('11 cy, and if more than the full rental is realized lessor will pay over to said lessee
the e.rcess of denwnd.
~lf~~JX~fjJmx~v:",-.'
~ < ~1Q~-
~Xt.XXXIDI&x
8. The lessee agrees that he will pay all charges foJ' rent, ~as, electricity or other
illumination, and for all water used on said premises, and should said char~es for
relll, !ifIhl or water herein provided for at; any time remain due and unpaid for the
space of fil'e days after the smne shall have become due, the lessor may at its option
consider the said lessee tenant at sufferance and immediately re-enter upon said
premises alld tlte entire mnt for the rental period then ne;rt ensub~~ shall at onc.e
be due and payable and may forthwith be collected by distress or utherwise.
.9, Tit e said lessee hereby pled~es and assigns to the lessor all the furniture,
jixt II res, goods and chattds of said lessee, which shall 01' may be brought or put on
said premises as security for the payment oj' the rent herein reserved, and the lessee
agrees that t he said lien may be enfurced by distress foreclosure or otherwise at the
ele.ction oj' 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 char~es
therefore incurred or paid by the lessor.
""fl"_'" . .... "'r'~
'.vv..lIr3Z.Y' "'-'r~'"
x
n , .
~
. .
,
v
- v'
~
v !:>
.~.. '\
K1rnXXXXXXX
!:>
-,
.,
"" ,
~u
.':
~~X
.'v
~
I
I
i I
II
II
I
&Q{NlK~
&
" jJ. Th e lessor, or any of 'his a~ents, shall have the ri~ht to enter said premises
(luril1(j all reasonable hours, to exan~ine the same to lnake such repairs, additions or
alteratiolls as may be dcenwd necessary for the safety, comfort, or preservation
t here'of, or of said building, or to exhibit said premises, and to put or keep upon the
doors or 7.dlld(}u's I hereol a notice" FOR R1!.'.JV'T" at any time within thirty (30) days
I)(/ore t lie expiration of this lease. The ri~ht of entry shall likewise exist 101' the pur-
pose' of rnJ/ol'ing !)!acards, signs, fixl u res, alterations, or additions, which do not con-
form lo tltis agreement, or to tlw rules and regulations of the building.
iJ. Lessee hereby accepts the premises in the condition they are in at the be-
gin nill g of this I ease and a~rees to nwintain said prerni.'~es in the same condition,
order and repair as they are at the C01nm.encernent 01 said term, exceptin~ only rea-
sona bl e 7uear and teal' arising from. the use thereof under this agreement, and to rnake
good to said les80r immediately upon demand any dama~e to water apparatus, or
electric light.'i or any fixture, appliances or a.ppurtenances of said premises, or of the
building, caused by any act or neglect of lessee, or 01 any person or persons in the
employ or under the control of the lessee.
13. It is e;rpressly agreed and understood by and between the parties to this
agreen~ellt, that the landlord shall not be liable for any damate or injury by water,
which may be sustained by the said tenant or other person or for any other damate
or injury resulting froln the carelessness, ne~li~ence, or improper conduct on the
part of any other tenant or a~ents, 01' employees, or by reason of the breaka~e, leak-
age, or obstruction of the water, sewer or soil pipes, or other lea,ka~e in or about the
said buildinf!.
14. If the lessee shall become insolvent or if bankruptcy proceedints shall be
be~un by or against the lessee, before the end of said tenn 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 receiver, trustee, or other judicial officer durint
the term 01 their occupancy in their fiduciary capacity without eflectint lessor's
rights as contain ..-.1 in this contract, but no receiver, trustee or other judicial officer
shall e7'p...b;/'I',r '., f. title or interest in or to the above described property by
q,iiWU (} oj' . ,; co.
~,
~ .
.
I
I'
. , I
"\~i
1f2XXXt.JeX~<<OCXM~XRhT/XX<<~XMlX~a~1~XX'"
l~'too{fl..XfiI.~KJl~~~~N},lVlVN
oixM.. ~JOOOilX ~. .
l~~~x~ .
,. (1..iooc<.~f.:rk&xRMJOO{xIDd~~&<<~XMXXIil~Jro2X~
lfi. Tliis COJi,t ruct :-;hall bind the lesso/' and its assif!ns or successors, and the
heirs. assi[jns, administ.rators, legal l'epresentatiues, e..t:ecuturs 01' successors as the
('((se may lie, of the lessee.
17. It is understood and aQrccd [;('t1lI('C:l, the parties hereto that time is of the
CSSC1/ce of this contract and tl/is applies to all terms and conditions contained
herein.
78. It is understood and ogreed between the parties hereto that written notice
mailed (,r delivered to the premises leased hereunder shall constitute sufficient
noticc fO the lC8se(' and written notice mailed 01' delivered to the office of the les~r
sholl C!Jl/stitutf!, sufficient notice to the Lessor, to comply with the terms of this
COll t r{Jcl.
1.9. The rif!hts oj' the lessor under the foref!oinf! shall be cumulative, and failure
on the part of the. lessor to e,rercise prornptly any rights !!iven hereunder shall not
nperate to forfeit any of the said rights.
JO. It is further understood and agreed between the parties hereto that any
clwr[jes a[jaillsl the lessec hy t//e lessor for scruices or for work done on the premises
fly ()/'(II~r oj' f" (' lessee or of herll'ise accrnill g under this contract shall be considered as
rell f rlue (/ /tel shall be included in any lien for rent due and unpaid.
lJ. It is hereby lllldcl'.'dood and a~reed that flny si~ns 01' advertising to be used,
iJ/r'llldiJ/[j aU'lliJ/gs, in ('()}tnection with the prmnises leased hereunder shall beftrst
.wlJJltitted to the le8sor j'or approval bej'orc 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 shall be allowed to park one airplane in the leased
space,
26. 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. Alternate location shall be of equivalent value to
Lessee with good ~ccess to public.
(Continued)
lhl mUnrS5 mhrrrof. the parties hereto have hereunto executed this
I
illsinl/l/ent for the purpose herein expressed, the day and year above written.
11 prl'!Irurl' nf:
"
IS
By:
,.
-""
J'"''L
?/
B . ~;RS' INC.
y.~C. V&ut/
Lessee
.,
'j
dJ. "'J'A'DAI TO FORM
ANtGAL StJF~';!ENC~ ..' .
BY~c {\ ,'it . /it/ut!
1J lllrrrby (!lrrUfy, That on this day personally a#/1r f~~ JYore me, an officer
duly authorized to administer oaths and take acknowled~ment81'
~t.atr of 1I11orillu
}
CCnuuty of
to me u'ell known to be the person described in and who executed-the loretoint
Lease, and acknowled~ed before me that executed the same
for the purposes there in expressed.
I have
seat at
day of
hereunto set my hand and atltxed my officiaZ
said County and State, this
, .11. D. 19
Notary Public
.My Commission Expires
'I;
"'i'l
I :111'il
>- ,
1',11 ~ 0:. 0:. I"l
~ 0:: '"-i '"-i %
w ::'1
'" I, D. ,1'1'
1'1 0 I!ilil
~ 1,:1 0:: "I
II1I1
'II D. i'i!1
:1;'1 I
"I C> I!!I
:c 1':1 Z Ilil
0 ;,,11 ~
~ r'il 0 'II~
~ I'
:11 ...J 'III~
"1 ...J ',I
, 0 I:!I
~t i'l LL 'CJl I,ll
Ii,! ;;: ',:I!
w ..... .,..
j,ej <:.) ";1
:11:1 J: ;;: I!,'
Ii;::
-.,. 1':1 ~ Q) "-';) I"
Illi Z ~ Q) :11
I'll ;... ,:11
I' 0 ~ .....
11!i e- I,'il
',I 8 !::'I
Iii' k5 11111
I,',
27. 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 rease as
well as all additional rules promulgated by Lessor so long as
said additional rules are applicable to all Lessees of Lessor.
Lessor agrees to provide a copy of all rules to Lessee for their
consent and agreement. Said consent and agreement shall not be
unreasonably withheld prior to institution of any said rules.
28. Lessee agrees to pay as additional rent all applic~ble
sales tax.
29. In the event the building is destroyed by firet hurricane
or other natural disaster, Conch Classic shall have the o~tion to
rebuild the huilding.
30. In the event of default for a period of five days after
written notice in the payment of rent, Landlord shall have the
option to terminate this agreement. In the event of breach of
any other covenants of this Lease, Lessee shall be considered in
default if after 30 days of written notice of said breach Lessee
has not cured the breach, or in the event said breach is not
reasonably curable within 30 days, has taken reasonable steps to
cure the breach and is diligently pursuing same, Lessor may
terminate the lease for violation of this paragraph in addition
to pursuing any and all other remedies available at law or
equity.
31. It
from the
following
is understooa
premises for
terms.
A. A monthly tie-down fee at the current rate shall be
that Lessee may operate a second airplane
bi-plane sight-seeing operations on the
paid.
B. Lessee agrees to pay as additional rent 3% of the
gross income derived from said second airplane when said second
airplane is utilized simultaneously with the primary airplane
referred to in Paragraph 35. (i.e. it is intent of the parties
that this percentage rent not be paid when the primary airplane
is down for maintenance, repairs or is not in use.)
32. Notwithstanding Paragraph 1, Lessee may assign this lease
with the County of Monroe's consent.
33. Landlord agrees not to compete with the Tenant in the bi-
plane sight-seeing business. Tenant agrees to limit its use to
bi-plane sight seeing business and not compete with Landlord for
other aviation services and related activities. This provision
shall not limit or prohibit Landlord from sub-leasing to other
bi-plane sight-seeing operators.
34, Lessor agrees to sell fuel to Lessee at their commercial
rate. As of the date of this lease, commercial rate is $1.69 per
gallon, but this price is subject to change by Lessor. Lessor
agrees to give Lessee a credit against rent due from October 1
through February 28 for the difference between the retail rate
paid by Lessee and this commercial rate.
35. It is understood that this lease contemplates only the
operation of two airplanes referred to in Paragraph 25 and
Paragraph 31. No other airplanes shall be commercially operated
without the mutual agreement and written amendment to this lease.
The parties agree to negotiate in good faith for any additional.
airplanes.
36. Lessee agrees pursuant to Paragraph 23 to name Monroe County as its
interest may appear as the primary Lessor.
qe ~.
ADDENDUM TO BUSINESS LEASE
This addendum, dated the
day 0 f
1989, hereby amends and/or clarifies that certain business lease
dated March 3, 1989, between Island City Flying Serice and
Conch Classic Air 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", and the term "landlord" in paragraphs 30
and 33 shall be replaced by the term "Lessor".
3. The term of this addendum shall not extend beyond the
term of the original lease.
ISLAND CITY Fl.YING SERVICE
, By:
, Jack T. Murray, President
Witnesses
CONCF CLASSIC AIR TOURS, INC.
By:
Witnesses
BY