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1. 08/10/1976 Agreement Mr. William P. Smith, Jr, c/o Smith's Radio & T.V. 5996 Overseas Highway Marathon, Florida 33050 Dear Sir: ---' August 1,2, 1976. Enclosed please find 2 oJ;:~ginal co.p,ie,s qf~E\asE\AgX'e~Il!<ll\t between Monroe County anq l1arl\thon Flying CluJ:>., Inc.., thl\t was executed by the Boar.!! ,ot; (::ountY .Coll!lllission.ers at tl1<lir meeting on August 10, 197.6. Please have properly exeCuted and retain cOpy for YOur file and return the original t.o, the .undersigned. Thank you. "* Very tr~ly you~. RALPH W. WHITE . . Clerk of Circuit Court ," and ex officio .Clerk . Board of County CommissiO.n<lrs vp/ cc: file Enclsoures lJY! . Deputy Cle rk - ~" LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into as of the 10 day of August , A.D. 1976, by and between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, as Lessor, sometimes hereinafter referred to as the "County", and MARATHON FLYING CLUB, INC., a Florida corporation, hereinafter referred to as the "Lessee", WIT N E SSE T H: WHEREAS, the said MARATHON FLYING CLUB, INC., has requested Monroe County, Florida, to furnish certain land at the Marathon Airport, Marathon, Monroe County, Florida, for the purpose of erecting a private hangar or hangars, now, therefore, the County by these presents does hereby lease and grant unto the Lessee the following described property, to-wit: A tract of land on the MARATHON AIRSTRIP at Key Vaca, Monroe County, Florida, and being more particularly described by metes and bounds as follows: Commencing at the Northwest Corner of "INDUSTRIAL SUBDIVISION", as recorded in Plat Book 3, Page 132 of the Public Records of Monroe County, Florida, bear South 22 degrees and 09 minutes East, along the West Line of "INDUSTRIAL SUBDIVISION", 150 feet; thence bear South 67 degrees and 51 minutes West, 435.6 feet to the POINT OF BEGINNING of the tract of land hereinafter described, said POINT OF BEGINNING being the Northwest Corner of that tract of land leased to D. R. Gaines; from said POINT OF BEGINNING 51 minutes West, 435.6 feet; thence bear South 22 degrees and 09 minutes East, 100 feet; thence bear North 67 degrees and 51 min- utes East, 435.6 feet to the Southwest Corner of the tract of land leased to D. R. Gaines; thence bear North 22 degrees and 09 minutes West, 100 feet, back to the POINT OF BEGINNING, containing 1. 0 acres. This Agreement shall be for a term of three ARTICLE I. (3) years, and shall become effective on the 1st day of September, 1976, and shall terminate on the 31st day of August, 1979, unless sooner terminated in accordance with covenants contained herein. ~'l -2- ARTICLE II. The Lessee shall pay to the County as annual rental the sum of $548.00, which said sum shall be payable annually, in advance. In addition to said rental, Lessee covenants and agrees with the County to pay State Rental Tax. ARTICLE III. The Lessee hereby agrees to use said leased premises only for the erection of a private hangar or hangars, and shall have the right to erect, at its own expense, one or more hangars upon said premises, with the privilege of removing same from the leased premises at the termination of this lease, or any renewal thereof. However, prior to the erection of any hangar or hangars upon said leased premises, 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 thereof. ARTICLE IV. The Lessee agrees not to conduct, nor allow to be conducted on the leased premises, any business ventures, enterprises or activities, including, but not limited to, the sale of gasoline, oil, airplane parts, or any other goods and/or ser- vices, and covenants that it will not conduct any repair services, except that it shall have the right to repair its own private planes, and further, shall not engage in any businesses or activ- ities authorized under any leases made by Monroe County to fixed base operators at said Airport, nor shall it engage in any auto- mobile rental services of any nature whatsoever. ARTICLE V. Lessee agrees to take out the necessary public liability insurance to hold the County harmless from any liability as a result of any acts of omission or commission of the Lessee, or agents, servants, employees or independent contractors of the Lessee, or for any condition resulting from the operations or activ- ities of the Lessee, his agents, servants, employees or independent contractors, or any other Lessee or person, their agents, servants, employees or independent contractors, anything in this Lease to the contrary notwithstanding. -4- ARTICLE X. The Lessee agrees that without prior written permission of the County, no excavation of any of the leased lands shall be made and that no soil or earth shall be removed from said premises. ARTICLE XI. Lessee agrees that it 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. ARTICLE XII. The Lessee acknowledges and agrees that it has examined the premises, and is fully advised 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 govern- mental authority, shall not in anywise affect the Lessee's obliga- tions under this Lease. ARTICLE XIII. In addition to the acts of default else- where 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 creditors, or suffer a lien to be filed against the premises, or permit a re- ceiver or trustee to come into possession without removing them within a reasonable time. ARTICLE XIV. This Lease is made on the condition that the Lessee shall perform all the covenants and agreements herein set forth to be performed by it. If at any time there be default on the part of the Lessee in the payment of rent, assessments or other charges and payments by it to be made, and if such default -3- The County shall not be responsible for the loss or de- struction of personal property or personal effects of persons or companies, or for loss, destruction or injury to equipment or other property of any nature or type whatsoever, unless same is caused by the sole negligence or willful act of the County, its agents, servants or employees. ARTICLE VI. The Lessee shall not assign this Lease, either as an absolute transfer of its title or interest therein or hereto, or as security for a loan, or 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 set forth herein, without prior approval by the Lessee. ARTICLE VII. The County, by and through its duly authorized representatives, shall at all reasonable times have free access to the premises and the buildings situated thereon, for the purpose of examining or inspecting the same, and for all other lawful and reasonable purposes. ARTICLE VIII. Lessee agrees, promptly upon the termina- tion of this Lease by lapse of time or otherwise, that it will at once peacefully surrender and deliver possession to the County of all lands hereby leased, in as good a condition as they were when leased to it. ARTICLE IX. The Lessee further agrees that all areas of the leased premises not paved shall be maintained by it in a neat condition, and that grassed areas shall be mowed regularly and shrubs will be 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, debris or waste to be blown about or raised so as to interfere with or dis- turb the use or enjoyment of any adjacent or adjoining premises. Further, that the Lessee shall keep and maintain the leased prem- ises and any buildings that may be erected thereon in a neat and clean condition. -5- shall continue for a period of five (5) days after notice by the County, or if there shall be default on the part of the Lessee in the performance or observance of any of the covenants or agree- ments hereof by it to be observed or performed, and such default shall continue for a period of fifteen (15) days after written notice of such default being given by the County to the Lessee, then this Lease shall be terminated, and the County shall at any time thereafter, without demand or notice (which is hereby waived by the Lessee) have full right at its election to enter upon the demised premises and take immediate possession thereof, and all improvements made on said premises shall be forfeited to the County without compensation therefor to the Lessee. In addition, in the case of a breach by Lessee of any of the covenants or agreements herein contained for any reasons whatsoever, including, but not limited to, the discontinuation of business on the premises, bank- ruptcy, insolvency or assignment for the benefit of creditors, the balance of the rental moneys for the entire term of this Lease shall be considered at once due and payable, without notice of demand on the part of the County. The Lessee shall have the option to renew ARTICLE XV. this Lease for an additional period of three (3) years, upon the termination hereof, on terms and conditions to be mutually agreed upon at the time of renewal, provided the Lessee gives at least ninety (90) days notice in writing to the County of its intention to exercise said option, prior to the time of expiration of this Lease. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, all as of the day and year first above written. MONROE ...------) ,fAttest: ..---' <</~. '-..... C er the Circuit Court 0 Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida. (Seal) Attest: -6- MARATHON FLYING CLUB, INC. ( , / By . I. '- /j...., ,,- -~ 'LP~Jsident (Seal) Secretary