Item J8
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FAX NO. :
Mar 08 200~ 04: l32PM P2
ROAR-I> ()Io' COUSTY COMl\nSSrONKRS
AGENDA ITEM SUMMARY
Meeting Date; 03-20-02
Division:
County AdministratQr
Bulk Item: Yes
No X
Department: AIl!)ons
AGENDA ITEM WORDJNG: Approval of a ground lellS~ agreement at tlo}e Florida Key!>
Marathon Airport wIth Roben Ca'JC~o build an enclosed hangar.
ITE.'\f BACKGROUND: Due to project development at the Marathon airport, Robert 'Cayce ' s
shade hangar was removed and his aircraft displaced.
PREVIOUS REVELANT BOCC ACTION:
in June of2001.
BOCC approved cancellation of lease agreement
CONTRACT/AGREEMENT CHANGES: Leased area ill a 35 x 90 square foot are.. (3150 sq. ft.)
20 year ground lease at FMV of SOO.31 square foot annually. S81.38/month or $976.50/ycar.
STAF'F RRCOMMENDA,1'IONS:
ApprOVal
TOTAL COST:
NiA
BUDGETED: Yes
No
COST 'f0 COUN'1'\':
REVENUE PRODVCING: Yes X No
AMOUNT PER. YEAR $976.50
APPROVED BY:
County Any _
OMBlPurchasing _ Risk Manascmcnt _.
~~
. Th:ii C~
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James Roberts.
County Administrator
MAR.'\. THON AIRPORT MANACER APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Fellow 2....-
Not Requjred_._
DISPOSITION:
AGENDA ITEM #I ~
RevlScd 2/27/01
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AGENDA ITEM WITH LATE DOCUMENTATION
DIVISION
COUNTY ADMINISTRATOR
DEPARTMENT MARATHON AIRPORT
SUBJECT APPROVAL OF A GROUND LEASE
AGREEMENT AT THE FLORIDA KEYS MARATHON AIRPORT
WITH ROBERT CAYCE TO BUILD AN ENCLOSED HANGAR.
DATE ITEM WILL BE A V AILABLE
MARCH 15,2002
LEASE AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2002, by
and between Monroe County, a political subdivision of the State of Florida, whose address is 500
Whitehead Street, Key West, Florida 33040, hereafter Lessor, and
whose address is , hereafter Lessee. The parties agree as follows:
1. That the Lessor of these presents leases unto said Lessee a parcel of land at the
Marathon Airport, Marathon, Monroe County, Florida, measuring 4,500 square feet, as shown on
Exhibit A (property map) which is attached hereto and made a part hereof.
2. The term of this lease is 20 years from its effective date.
3. The Lessee hereby covenants and agrees to pay the Lessor rent in the amount of 31lt
per square foot per year for the leased area for a total annual rent of $13,950.00. The rent is
payable on a monthly basis, in advance, in the amount of $116.25. The Lessee may elect to pay the
annual amount, in advance, as a lump sum. The Lessee is also responsible for all sales taxes. The
annual rental payments will increase by a percent equal to the increase in the consumer price index
for all urban consumers (CPI-U) for the previous twelve months. The parties agree that the only
additional cost not included above is a potential increase in the amount of insurance coverage
required by the Lessee. Should the Lessor require all tenants at the airport, for good cause, to
increase the amount of insurance required by the County, such an additional insurance requirement
will be passed on to the Lessee. Any such increase will be in the same pro rata proportion as to the
other tenants of the Marathon Airport at that time.
4. The Lessor hereby covenants and agrees with the Lessee as follows:
a) The Lessee has the right to occupy the leased premises and construct an
aircraft hanger on the leased premises.
b) The Lessee has reasonable ingress, egress and access privileges to the leased
premises.
c) The Lessee, on keeping the covenants and obligations contained in this
agreement, has the quiet and peaceful enjoyment of the leased premises without any
interruptions by the Lessor or by a person or persons claiming through or under the Lessor.
5. The Lessee hereby covenants and agrees with the Lessor:
a) To pay the Lessor the rent at the times and in the manner provided for by
this lease. Rent is due and owing upon the date the Lessee is able to use and occupy the
hangar.
b) To commence construction of one enclosed hangar in a modern state-of-the-
art design, approved by the Monroe County Building Department, within two years of the
effective date of this agreement and to complete the construction within six months after
commencement.
c) The hangar must meet the construction standards of all County, state and
federal ordinances, statutes, and regulations.
d) No construction mortgage, or lien of any kind, may be placed on the hangar.
Js--JJ
e) The hangar may only be used for the purpose of housing airplanes not used in
commercial service and for providing care, repair and maintenance of those airplanes. No
commercial use is permitted on the premises.
f) To make no improper or unlawful or offensive use of the leased 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 of the premises.
g) The Lessee covenants and agrees to indemnify and hold harmless the 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 (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. This obligation of indemnification is not vitiated by the insurance
obligations contained in paragraph 5e and Exhibit B.
h) Regardless of the effective date of this lease, the Lessee may not occupy the
premises and begin construction of the hangar until it has obtained the insurance required
by Exhibit B and produced adequate proof of such insurance to the County's Director of
Risk Management. Exhibit B is attached to this lease agreement and made a part of it.
i) The leased premises may not be sublet and this lease may not be assigned
without the written consent of the Lessor.
j) At the expiration of the term of this lease the hangar will automatically
become the property of the Lessor, title to it will automatically transfer to the Lessor, and
Lessee will quietly and peaceably deliver up possession of the leased premises and hangar to
the Lessor.
6. a) This lease may be canceled, at the discretion of the Lessor with the hangar
(if built) automatically becoming the property of the Lessor, and title automatically
transferring to the Lessor, if:
i) The Lessee fails to timely occupy the leased premises and commence
construction of the hangar;
ii) Lessee fails to timely complete the hangar;
iii) Lessee fails to timely pay the rent;
iv) Lessee fails to obtain the insurance required under this lease within 30 days
of the effective date of this lease or allows the required insurance coverage
to lapse or fall below the minimum required; or
v) Otherwise breaches the terms of this lease agreement.
b) The Lessor may also cancel this lease if the leased premises are required to
accommodate future development at the Marathon Airport or for any other reason
determined by the FAA or the Lessor. Lessor, if it determines to cancel the lease under
this paragraph, must provide the Lessee with 30 days written notice before the cancellation
becomes effective. Lessee must then abandon and quietly and peaceably deliver up the
possession of the leased premises. Lessee may, however, remove the hangar from the
premises if it so desires. If Lessor cancels the lease agreement under this paragraph,
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Lessor will not be liable to Lessee for any damages--direct or consequential--suffered by
the Lessee as the result of the cancellation.
7. This lease agreement is between the Lessor and Lessee only. Nothing in this lease
may create a contractual relationship with, or any rights in favor of, any third party. This lease is
assignable if consent to the assignment is granted in the discretion of the County Commission.
8. The Lessee for himself, his personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person
on the grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the
construction of any improvements on, over or under such land and the furnishing or services
thereon, no person on the grounds of race, color, or national origin shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the
Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the
Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of
Transportation-effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations
may be amended.
That in the event of breach of any of the above nondiscrimination covenants, Monroe County
shall have the right to terminate the lease and to re-enter 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.
9. It shall be a condition of this operation agreement, that Monroe County reserves
unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for
the passenger of aircraft in the airspace above the surface of the real property hereinafter
described, together with the right to cause in said airspace such noise as may be inherent in the
operation of aircraft, now known or hereafter use, for navigation of or flight in the said airspace,
and for use of said airspace for landing on, taking off from or operating on the airport.
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 n.
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.
10. This lease agreement and all provisions hereof are subject and subordinate to the
terms and conditions of the instruments and documents under which Monroe County 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 operation agreement
with Monroe County , 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 Airport
Owner pertaining to the Marathon Airport.
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. .
11. 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 Monroe County herein reserves the right to grant similar privileges to another
Lessee or other Lessees on other parts of the airport.
12. This lease agreement has been carefully reviewed by both the Lessee and the Lessor.
Therefore, this lease is not to be construed against any party on the basis of authorship.
13. This lease agreement represents the parties' final and mutual understanding. It
replaces any earlier agreements or understandings, whether written or oral. This lease cannot be
modified or replaced except by another signed lease or lease amendment.
14. Nothing in this lease should be read as modifying the applicable statute or
limitations. The waiver of the breach of any obligation of this lease does not waive another breach
of that or any other obligation.
15. This lease takes effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed by
its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
Date
LESSEE
By
Witnesses
Date
J dairHangars4MAP
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