4. 11/10/1993 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
MEMORANDUM
TO:
Peter Horton, Director
Division of Community Services
FROM:
Isabel C. DeSantis, Deputy Clerk ~, c. 8- .
February 3, 1994
DATE:
As you know, on November 10, 1993, the Board authorized execution of a Contract
between Monroe County and Jaco Electric, Inc., for airfield guidance signs and lighting
at the Key West International and Marathon Airports in the amount of $135,984.00.
The Board also authorized execution of a Lease Agreement between Monroe County and
the Marathon Flying Club for hangar space at the Marathon Airport.
Enclosed for return to the appropriate individuals are duplicate originals of the subject
Contracts.
Should you have any questions concerning the above, please do not hesitate to contact
me.
cc: County Attorney
County Administrator, w/o document
Finance
File
OK~~ETrY ~o~~~?oE
(305) 294-4641
County Attorney
310 Fleming Street
Second Floor
Key West, FL 33040
(305) 292-3470
BOARD OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tern, A Earl Cheal, District 4
WlIhelmina Harvey, District 1
Shirley Freeman, District 3
Mary Kay Reich, District 5
January 4, 1994
Michael Barnes, Esq.
513 Whitehead
Key West, FL 33040
RE: Marathon Flying Club lease
Dear Mike:
After our meeting last week, and as I explained, I personally
listened to the tape of the November 10, 1993, BOCC meeting to
compare their discussion and actual motion upon this item with
the Clerk's minutes as well as Bevette I s memo of November 16th
regarding the Board's action.
I heard no mention, during Peter Horton's presentation or from
the Board, to authorize the changes in paragraph 6 that you
suggested during our conversation and in your December 10th
letter to Mr. Horton. As you are aware that this office does not
make policy, but takes its direction from the BOCC, we cannot
make any unauthorized changes in the lease.
I, therefore, enclose
Board's modification,
your perusal.
a final draft of the lease as per the
along with a copy of Bevette' s memo for
Naturally, if you wish to readdress the Board at a meeting, that
is your prerogative. Hopefully, you and your clients will be
satisfied with this lease and if so, have the proper representa-
tive of the Flying club execute it and return it to this office.
I will then request approval from Peter and Donna Perez and the
Mayor can then execute the original without re-agendaeing this
extremely long running dialogue.
JHK/jeh
Enclosure
cc: Peter Horton
Bevette Moore
Danny Kolhage
KELINSON
County Attorney
.Ji(!j} yr-)> 3
F!LEO ~ C1F ?r-f:ORr
LEASE .~~~T P 3 :17
THIS INDENTURE, made and entered into this
II'H.;,.'
., ,1
10th day of
November
1994, by and between MONROE COUNTY, a
political subdivision of the State of Florida, hereinafter called
the Lessor, and MARATHON FLYING CLUB, whose address is P.O. Box
523148, Marathon Shores, Florida 33052-3148 hereinafter called
the Lessee.
WIT N E SSE T H:
That the Lessor by these presents leases unto said Lessee a
parcel of land at the Marathon Airport, Marathon, Monroe County,
Florida, as shown on Exhibit A (property map) which is attached
hereto and made a part hereof.
TO HAVE AND TO HOLD the above-described lease unto the
Lessee for an initial term of five (5) years, from the date
hereof, with first option to renew this lease for an additional
term of five (5) years, under the same terms and conditions, upon
mutual agreement of the parties.
The Lessee hereby covenants and agrees to pay the Lessor
rent in the sum of Two Hundred Seventy and 72/100 Dollars
($270.72) per month, plus applicable sales tax of seven percent
(7%), for the use of said premises during the term of this lease,
said rent to be payable in advance on the 1st day of each month
during said term.
The lease amount agreed to herein may be
adjusted annually in accordance with the percentage change in the
Consumer Price Index (CPI) for Wage Earners and Clerical Workers
in the Miami, Florida, area, and shall be based upon the annual
average CPI computation from January 1 through December 31 of the
previous year.
The Lessor hereby covenants and agrees with the Lessee as
follows:
1. The Lessee shall have the right to occupy an aircraft
shelter (14,l07~ total square feet) divided into nine (9)
individual bays as described in Exhibit B which is attached
hereto and made a part hereof. The premises leased hereunder
shall be used solely for the storage of aircraft. Any other use
of said premises shall be considered a material breach of this
lease.
2. The Lessee shall have reasonable ingress, egress and
access privileges to the leased premises.
3. 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.
4. This lease shall be binding upon the parties hereto,
their successors, executors, administrators and assigns.
5. This lease shall be automatically cancelled, and the
title to the improvements on the leased premises shall revert to
the Lessor, should the Lessee fail to occupy or there is evidence
that the premises are abandoned for a continuous period of any
six (6) months during the term of this lease, notwi ths tanding
anything contained in paragraph 1 herein.
6. Lessee shall, upon thirty (30) days written notice from
Lessor, move said shelter from said leased premises if the land
is required to accommodate airport improvements or safety clear-
ances or for any other reason as determined by the FAA or Lessor.
7. (a) Indemnification/Hold Harmless: Lessee covenants
and agrees to indemnify and hold harmless Lessor 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 (inc hlding attorney 's
fees) which arise out of, in connection with, or by reason of the
Lessee utilizing the property governed by this lease agreement.
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within
this agreement.
7. (b) General Insurance Requirements: Prior to Lessee
taking possession of the property owned by the Lessor, Lessee
shall obtain, at his own expense, insurance as specified in the
attached schedules, which are made part of this lease agreement.
Lessee will not be permitted to occupy or use the leased
property until satisfactory evidence of the required insurance
has been furnished to the Lessor as specified below.
Lessee shall maintain the required insurance, throughout the
entire term of this lease agreement, and any extensions, as
specified in the attached schedules. Failure to comply with this
provision may result in the immediate termination of the lease
agreement and the return of all property owned by the Lessor.
Lessee shall provide, to the Lessor, as satisfactory
evidence of the required insurance, either:
* Certificate of Insurance
or
* A Certified copy of the actual insurance policy
The Lessor, at its sole option, has the right to request a
certified copy of any or all insurance policies required by this
contract.
All insurance policies must specify that they are not
subject to cancellation,
non-renewal, material change,
or
reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the Lessor by the insurer.
The acceptance and/or approval of Lessee's insurance shall
not be construed as relieving Lessee from any liability or
obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its
employees and officials will be included as "Additional Insured"
on all policies. Lessee shall carry its insurance with insurance
companies authorized to do business in the State of Florida.
Any deviations from these General Insurance Requirements
must be requested in writing on the County prepared form entitled
"Request for Waiver of Insurance Requirements" and approved by
Honroe County Risk Management.
8. Upon expiration of the lease, the improvements shall
be removed by the Lessee or will thereafter become the property
of the County.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed as of the day and year first above
written.
(SEAL)
ATTEST: DANNY L.KOLHAGE, CLERK
Byit~ G.~
eputy Cler
airflyclub
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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1.(II'nlll.lll!'.
GI':NERAL L1AI3ILlTY
INSURANCE IH:QUIHEMENTS
Fon
CONTRACT'
B1CTWEE:N
MONROE COUNTY, [i'LOItIDA
AND
Prior to thc commcnccment ofwQrk govern cd by this contract, the Conlractor shall ohlain
Gcncral Linbility Insurancc. Coverage shall bc mninlaincd throughout the life of the contract and
include, as a minimum:
. Prcmises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
Ifsplit limits are provided, the minimum limits acceptable shall be:
SIOO,OOO per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Fonn policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filcd on or aller thc efJcctivc date of tl1is contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as AddilionallllsUI ed all all
policies issued to satisfy thc above requiremcnts.
^d"linj~lj\"e IINrudion
ULI
1f47{J').1
54