Resolution 405-1984
I
Art Skelly
Director of Airports
RESOLUTION NO. 405 -1984
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
~OARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, TO APPROVE AND EXECUTE A
LEASE AGREEMENT ~Y AND ~ETWEEN AIR CARGO
AMERICA, INC. AND THE ~OARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA.
~E IT RESOLVED ~Y THE ~OARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Chairman of the ~oard of County
Commissioners of Monroe County, Florida, is hereby authorized to
approve and execute a lease agreement by and between Air Cargo
America, Inc. and the ~oard of County Commissioners of Monroe
County, Florida, a copy of which is attached hereto, concerning
use of the Key West International Airport facilities.
PASSED AND ADOPTED by the Chairman of the ~oard of County
Commissioners of Monroe County, Florida, at a regular meeting of
said ~oard held on the 14th day of December, A.D. 1984.
~OARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~y
..-----..' A ~_
~.,)~~-""--'\'- -' "
Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
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BY
LEASE
THIS LEASE is made and entered into on the
14th
day of
December
, A.D. 1984, by and between the County of Monroe,
State of Florida, a political subdivision of the State of Florida,
Lessor, hereinafter referred to as "County", and AIR CARGO AMERICA,
lNC" a Florida corporation, Lessee, hereinafter referred to as "ACA".
WHEREAS, County owns an airport known as Key West International
Airport, located in Key West, Monroe County, Florida, hereinafter
referred to as the "Airport", and
WHEREAS, ACA is engaged in the business of air transportation
of cargo, mail and other property, and
WHEREAS, ACA desires to obtain certain rights and privileges
in connection with the use of the airport facilities, and the
County is willing to grant and lease the same to ACA on a non-
exclusive basis, upon the terms and conditions hereinafter stated.
NOW, THEREFORE, for and in consideration of the mutual cove-
nants and agreements herein contained, and other valuable considera-
tions, County does hereby lease unto ACA, and ACA does hereby lease
from County certain premises and facilities, rights and privileges,
as follows:
(1) Premises. County does hereby lease to ACA, and ACA
e
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leases from County, premises as indicated on the attached Exhibit
o
A, made a part hereof.
(2) Use of the Airport, ACA shall be entitled to use, In
common with others authorized to do so, the airport facilities
and appurtenances, together with all equipment improvements and
services which have been or may hereafter be provided at or in
o Oconnection with the Airport for common use, in the operation of a
business for the transportation of cargo, mail and other property
by air.
(3) Term. The term of this lease shall be two (2) years,
commencing October 1, 1984, and ending on September 30, 1986. ACA
shall have the option to renew this lease for additional terms of
one (1) year or more each, upon such terms and conditions and rent
as may be agreed to by the parties. The County may cancel this
lease at its pleasure after one year.
.
Page 1 of 4 Pages
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(4) Rent. During the term of this lease, ACA shall pay to
the County, rent in the amount of $71.50 per month, plus applicable
Florida State sales tax, payable on or before the first of each
month of the term.
(5) Fees. In addition to the rent aforesaid, ACA shall pay
to the County, landing fees as charged by the County from time to
time for the use of the airport facilities used in common with
others.
(6) Lease Hold Improvements. ACA shall have the right to
erect a building on the leased premises for cargo handling purposes
and office space. Such buildings, and any other improvements made
to the leased premises shall be made only with the written consent
of County, through its Commission, and shall be made in accord-
ance with all applicable State and County building codes and require-
men t s .
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(7) Common Areas. ACA shall have the right to use, in common
with others, the Airport space and facilities to permit landing,
taking off, taxiing, loading, unloading and servicing of ACA air-
craft, subject to reasonable rules and regulations of County as
to the use of such common spaces and facilities,
(8) Right of Ingress and Egress. ACA, its agents, employees,
customers, suppliers, and patrons shall have the right of ingress
oand egress to and from the leased premises, which shall not be
unreasonably restricted by County.
(9) Utilities. ACA shall be responsible for obtaining elec-
trical service, water service, trash removal service and similar
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utility services as needed, and shall be responsible for paying
~or its use of such utility services.
(10) Assignment, The premises leased hereunder may not be
sublet and this lease may not be assigned without the written
consent of the County.
(11) Maintenance of Premises. ACA shall be responsible for
and shall properly maintain the leased premises, and upon the termi-
nation of this lease, shall leave the premises in, at least, as
good condition as at the time of the commencement of this lease,
normal use and occupancy excepted.
.
Page 2 of 4 Pages
(12) Insurance. ACA agrees to indemnify and save County
harmless from and against all claims and actions and expenses
incidental thereto, arising out of damages or claims for damages
resulting from the negligence of ACA, its agents, or employees in
the use or occupancy of the leased premises and the common areas
of the Airport facilities by ACA. ACA shall carry and keep in
force Public Liability Insurance covering personal injury and
property damage with an insurance company authorized to do busi-
ness in the State of Florida, having minimum limits of liability
for personal injuries in the amount of $500,000.00, and for pro-
perty damage in the amount of $250,000.00, and to furnish County
with certificates of such insurance.
(13) Default, The failure of ACA to pay any installment of
rent when it becomes due or any other charges or fees shall be due
within ten (10) days after County transmits a statement therefore.
Further, the failure of ACA to perform any other of the covenants
of this lease, which failure shall continue for a period of fifteen
(15) days after notice thereof is given to ACA in writing by the
County shall also constitute a default under the terms of this
lease. In the event of a default, County may, at its option, de-
clare the lease forfeited and may immediately re-enter and take
possession of the leased premises and this lease shall terminate,
e
.
OIf it shall be necessary to employ the services of an attorney in
order to enforce its right under this paragraph, or to collect any
of its rentals, fees, or charges due, County shall be entitled to
reasonable attorney's fees.
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(14) Cancellation of Lease. County may cancel this lease
agreement by giving ACA sixty (60) days advanced written notice
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upon the happening of anyone of the following events: the filing
of a voluntary petition in bankruptcy by ACA; the institution of
an involuntary proceeding in bankruptcy and the adjudication of
ACA as bankrupt; the taking by a court of competent jurisdiction
of ACA and its assets, pursuant to a proceeding under the provi-
sions of any federal reorganization act; the appointment of a
receiver of ACA's assets; the divesting of ACA's lease hold estate
by other operation of law; the abandonment by ACA of air cargo
.
Page 3 of 4 Pages
II
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transportation business at the airport for a period of sixty (60)
days,
IN WITNESS WHEREOF, the parties hereto have caused this
lease to be executed as of the day and year first above written,
COUNTY OF MONROE, STATE OF FLORIDA
By
~~\
Mayor/Chairman o~~
County Commissioners of Monroe
County, Florida
(SEAL)
Attest: DANNY L. KOLHAGZ, Clerk
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AIR CARGO AMERICA, INC,
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B /7 / L/ /, '/ '/..1 '
Y V/ ' ! ;,~ '0--- '('~'C<' ,,---
President
(Corporate Seal)
Attest:
~,
j< / / Y07./!'
( '_,f<-.t I'-#~ v;h.- ..f:K. 1-/ .:t!' <. ,/
., , ' l ecretary
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APPROVED AS TO FORM
ANDLEGALSUFAC~~C~
,
t';!ney's Office
.
Page 4 of 4 Pages
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