Resolution 073-1981
RESOLUTION NO. 73 - 1981
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE BY AND BETWEEN THE COUNTY OF MONROE,
STATE OF FLORIDA, AND PROVINCETOWN-BOSTON AIRLINE,
INC. FOR THE PURPOSE OF INSTALLING A FUEL FARM AT
KEY WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Lease
by and between the County of Monroe, State of Florida, and
Provincetown-Boston Airline, Inc. for the purpose of installing
a fuel farm at the Key West International Airport, copy of same
attached hereto.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting held on the 24th
day of March, 1981.
BOARD OF COUNTY COMMISSIONERS
OF MON~E COUNTY, FLORIDA
, 'd /"
"'-..'-:"
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(/, / \ , ,t( .e. ,I
._-t~ ",-' './, ,- _.-\ l -I
A~, Chairman . )"
By,/ ,
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(SEAL)
Attest :-)
APPIIOVfI) AI TO FORM
AIllOU'att. StI"/CIENCY.
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LEA~:"
TIll S !\GREEMFNT OF LEASE
ide and entered into on
the 24th
jqy of
March , 1981, by and between the
COUNTy"OFr;"MONROE, STATE OF l~LORI1J^, a political subdivision
of the St~~e'of Florida, hereinafter referred to as Lessor,
,~
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and PROVINCET0WN-BOSTON AIRLINE, INC., a Massachusetts
Corporation authorized to do business 1n the State of Florida,
hereinaft~r ieferred to as Lessee.
WIT N E SSE T II:
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WHEREAS; Lessor owns an airport known as Key West Inter-
national Alrp,ort located in Key lVest, Monroe County, State of
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F1 or i,da, herina fter call ed the "AIRPORT", and
WHEREAS, Lessee is engaged in the business of air trans-
poytation with respect to persons, property, cargo and mail,
and,
WHEREAS, Lessee desires to install a fuel farm at the
a i rp 0 l' t, .
NOh, tIIILREI:ORE, for and in consideration of the prenllses
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and of the mutual covenants and agreements herein contained,
and other y-a1uable considerations, Lessor does hereby grant
and lease unto Lessee, an~ Lessee does hereby hire and take
from Lessor,'certain premises in connection with and on the
Airport, as tol1bws, to-wit:
6
ARTICLE I - PREMISES
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A. PREMISES LEASED. The Lessor does hereby lease to the
Lessee ,that property described ln Exhibit "A" attached hereto
and made a paTt hereof at the Key West International Airport
located in Key West, Monroe County, Florida, in accordance with
the terms and conditions as set forth in this agreement.
ARTICLE II - TERM
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This lease and all rights herein granted Lessee shall become
operative and effective the 1st day of January, 1981, and shnll
end on the,31st day of December, 1990, unless sooner terminated
as hereinafter provided.
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Paqe 1 of 10 Papes
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ARTICLE I I I - RI:;-H'\LS AND FEES
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Lesse~ agre~s to pay Lessor at such places as Lessor
may de.,~iR~pte, the following rental, payabJe in monthly
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installments. covering the ensuing calendar month and
Security D~p'O"Sit,
a. Two'hundred dollars ($200.00) on the first of each
month beginning on the first day of January, 1981,
an~ on the first of each month thereafter until the
ter~ination of this Lessee, plus applicable sales
tax.
b. Security Deposits: Two hundred dollars, ($200.00).
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c. ^11 payments shall be made payable to Monroe County,
~OO Whitehead Street, Key West, Florida, unless
Lessor directs otherwise.
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. ARTICLE IV - TAXES AND ASSESSMENTS
Lessee shall pay all taxes and assessments which lnay be
lawfully levied by a duly constituted taxing body upon Lessee
with respect to its operation at the Airport, and the Lease
of these premises.
ARTICLE V - DEFAULT FOR FAILURE TO PAY
RENTALS, FEES AND CHARGES
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In the event Lessee fails to pay any rental on the first
of each rnorith, such failure shall be a default of this lease.
Lessor may, at its option, immediately or at any time thereafter,
enter into and upon the premises hereby leased or any part
thereof and in the name of the whole, and repossess the same oE
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Lessor's former estate, and expel Lessee and those claiming by,
through o'r un\ler it, and remove its effects, forcibly if neces-
sary, without being deemed guilty of trespass and without preju-
dice to any r~medy which otherwise might be used for arrears of
rent or preceding breach of covenant; on the re-entry aforesaid,
this lease shall terminate. Further, if Lessee fails to perform
any of the other covenants of this lease and such default sh;lll
continue fo~ fifteen (15) days after notice thereof is given in
writing by the County, or failure to correct any violation sha1J
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Page 2 of 10 Pages
continue for fifteen (15) days :lfter notice thereof is gIven
in writing by th~ County, or its agents or attorneys to said
.
Lessee'~' th~ County may, at its option, forthwith declare this
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Lease forfe.it-ed, and may immediately re-enter and repossess
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said 1easeq py-operty, and any of the rents prepaid hereunder
shall be forf,eited by the Lessee, and in no way shall affect
the cb11ection of any other damages which may be due the County
as a result of any of said defaults.
In the event Lessor is
obligated to par4:icipate in any court proceedings in order to
enforc~' any of its rights under this paragraph or to collect
its r e n tal s , . .f e e san d c h a r g e s, L e s s 0 r, i f sue c e s s f u 1 in pur sui n g
;.
such litigation, shall be entitled to an additional amount in
such sum as any District or Circuit Court having competent juris-
diction shall determine as a reasonable attorney's fee.
ARTICLE VI - RIGHT TO LEASE PROPERTY
Lessor, represents that it has the right to lease the
Airport, together with all premises, facilities, rights,
licenses, Se!~iriDs and privileges herein granted, and has
full power and authority to enter into this agreement In
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respect thereof.
~RTICLE VII - RULES AND REGULATIONS
Lessor shall have the right to and shall adopt and enforce
reasonable raies and regulations, which Lessee agrees to observe
and obey, with r.espect to use of the Airport Terminal Building
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and appurtenances; provided that such rules and regulations
shall n6t be consistent with this agreement nor with the
safety and with rules, regulations and orders of the Federal
Aviation Administration with respect to aircraft operations at
the Airport and with procedures prescribed or approved from time
to time by the Federal Aviation Administration with respect to the
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operation of Lessee's aircraft at the Airport.
Lessor shall provide Lessee with a copy of such rules and
regulations from time to time.
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Page 3 of 10 Pages
ARTICLE VIII - CANCELLATION BY LESSOR
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sixty (60) days advance written notice to be served as
The T~e So."; 0 r may canc e 1 thi s agreement by g ivi ng Le s see
he re i na ft cr- p'rovided upon or after the happening of anyone
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of the fa ll.owing events:
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1. The ~iJing by Lessee of a voluntary petition
in D.ankruptcy.
2. The institution of proceedings in bankruptcy
against Lessee and adjudication of Lessee as
a b~nkrupt pursuant to such proceedings.
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3.., 'I.'he takfng by a court of jurisdiction of Lessee
and its assets pursuant to proceedings brought
unde.r the provisions of any Federal re-organization
act. .
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4. Th~ appointment of a receiver of Lessee's assets.
5. The divestiture of Lessee's estate herein by
other operation of law.
6. The abandonment by Lessee of its conduct of
air transportation at the AirDort for a period
of ninety (90) days.
7. The default by Lessee in the performance of any
tovenant or agreement herein required to be
performed by Lessee other than failure to pay
rental~~fees and charges when due for which
provIsfrin is made in Article III F, and the
rai1~re of Lessee to remedy such default for
J period of sixty (60) days after receipt from
the ~essor of written notice to remedy the
cancellation, as above provided, shall be of
any force or effeGt if Lessee shnll have remedied
the default prior to Lessor's notice of cancel-
1 a t ion.
8. The Inlvful assumption by the United States
Gbvernment or any authorized agency thereof
of ~he operation, control, or use of the Airport
and facilities, or any substantial part or parts
thereof, in such manner as substantially to
restrict Lessee, for a period of at least ninety
(90) days, from operating thereon for the carrying
of passengers, cargo, and property.
No waivep of default by the Lessor of any of the terms,
covenants or conditions hereof to be performed, kept and observed
shall be construed to be or act as a waiver of any subsequent
default of any terms, covenants and conditions herein contained
to be perfor~ed, kept and observed by the Lessee shall not be
deemed a waiver of any right on the part of the Lessor to cancel
this lease for failure by Lessee to so perform, keep or observe
any of the terms, covenants or conditions of this lease.
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Page 4 of 10 Pages
ARTICLE VIX - CANCLLL:\TION BY LESSEE
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Less~e may cancel this agreement any time that Lessee is
not in de~au.lt in its payments to Lessor hereunder, by giving
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Lessor six'ty. (60) days advance written notice to be served as
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hereinafte~~rovided, upon or after the happening of anyone of
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the fo110wi-n& "events:
1. 1ssv'ance by any court of competent jurisdiction
o.f any injunction in any way preventing or
restraining the use of the Airport or any part
thereof for Airport purposes, and the remaining
in force of such injunction for a period of at
lea'st n.inety (90) days.
2." 'l~he inabil i ty of Lessee to use, for a period
in excess of ninety (90) days, the Airport
or ~ny of the premises, facilities, rights,
licenses, services or privileges leased to
Le~s~e hereunder because of fire, explosion,
earthquake, other casualty, or acts of God or
the public enemy, provided that same is not
caused by negligence or willful acts of [ail-
ure to act on part of Lessee.
3. The default by the Lessor in performance of
any covenant or agreement herein required
to be performed by the Lessor and the failure of
Lessor to remedy such default for a period of
p.inety (90) days after receipt from Lessee of
written notice to remedy samc; providcd, how-
ever, that no notice of cancellation, as pro-
vided ~bove, shall be of any force or effect
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if ,Lessor shall have remedied the defaul t
pridr to receipt of Lessee's notice of cancel-
lation.
4. Th'c lawful assumption by the Uni ted States
Government of any. authorized agency thereof
of the operation, control or use of the Air-
pori and facilities, or any substantial part
or parts thereof, in such a manner as sub-
stantially to restrict Lessee, for a period
gf at least ninety (90~ days, from operating
ihe~eon for the carrying of passengers, cargo,
pr~perty, and United States Mail.
Lessee's performance of all or any part of this agreement for
or dur~ng any period or periods after a deFault of any of the terms,
covenants and. conditions herein contained to be performed, kept
and observed by Lessor, shall not be deemed.a waiver of any right
on the part of Lessee to cancel this agreement for failure by
Lessor to so perform, keep or observe any of the terms, covenants
or condi tiorps hereof to be performed, kept or observed. No wa i ve r
of default by Lessee of any of the terms, covenants or conditions
hereof to be performed, kept, and observed by the Lessor shall
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Page 5 of 10 Pages
be construed to fle or act as a ~;llver by Lessee of any subsequent
default of any of the terms, covenants and conditions herein
contained.td'be performed, kept and observed by the Lessor.
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ARTICLE IX - INDEMNITY
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Lesse6 agrees fully to indemnify, and save and hold harmless,
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the Lessor fr..om and against all claims and actions and all expenses
incidental t~ th~ investigation and defense thereof, based upon
or arising out of damages or injuries to third persons or their
property, cause~ by the negligence of Lessee, its agents or employ-
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ees, i~ t&e u;e or occup~ncy of the said leased premises, runways,
ramps or commpn areas at the Airport by Lessee; provided, however,
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that Lessee'sha11 not be liable for any injury or damages or less
occasioned by the negligence of Lessor, its agents or employees;
and provided, further that Lessor shall give to Lessee prompt
and reasonable notice of any such claims or actions and Lessee
shall have the right to investigate, compromise and defend the
same. Le~see agrees to carry, and keep in force, public
liability insyrapce covering personal injury and property damage,
.. ....
and such other insurance as may be necessary to protect Lessor
herein 'frb~ sHch claims and actions aforesaid, Lessee agrees to
carry and keep in force such insurance with minimum limits
of liability'for personal injury in a sum not less than $SOO,OOO.Uli
for anyone pers6n, and $1,000,000.00 for anyone accident; and For
property Jamage in a sum not 1e~s than $200,000.00; and to furnish
Lessor .wi th 'prop'er certificates certi fying that such insurance
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is in force. Lessee shall carry its insurance coverages with
insuran'ce companies authorized to do business in the State of
Florida.
ARTICLE Xl - QUIET ENJOYMENT
Lessor agrees that, on payment of the rent and performance
of the covenants and agreements on the part of the Lessee to be per-
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formed hereunder, Lessee shall peaceably have and enjoy the leased
premises and all rights and privileges of said Airport, its appur-
tenances a~d facilities granted herein.
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P~gP, 6 of 10 Pages
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ARTICLE XII - SURRENDER OF POSSESSION
Upon.the expiration or other termination of this lease of
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any renew~i thereof, Lessee's rig'ht to use the premi ses, faci 1 i-
ties,
rig h ~s; 1 ice n s e s, s e r vie e san d p r i viI e g e she rei n 1 e a sed s h a 11
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cease and he~~ee shall forthwith upon such expiration or termina-
tion surrender the same.
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Structures,. fixtures, improvements, equipment and other rro~-
erty bought, installed, erected or placed by Lessee in, on or
about the Airpo~t and premises leased under this lease (such fix-
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tures, improvements and other property to include, without
limiting the 'generality hereof, storage tanks, pipes, pumps, Wires,
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po1es~ machlnery and air conditioning equipment) shall at the
expiration termination of the Lease become a part of the land on
which it is located and title thereto shall thereupon rest in
the Lessor. Provided further that Lessor reserves the right to
require Lessee to remove such improvements and property nt Lessee's
expense.
AR'I'"tCLE XIII ~ DEFINITIONS OF TERMS
Whenever. the term Federal Aviation Administration IS llscd
in this lease it shall be construed as referring to the Federal
Aviation Administration created by the Federal Government under
the Federal AViation Act of 1958, or to such other Federal Govern-
ment auth~rity as may be the SUGcessor thereto or to be vested
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with the same or similar authority.
Whenever the terms "person" and "persons" are used in the
lease, ,they shall be construed as including individuals, firms,
corporations,' and other legal entities. When in this agreement
written approval by Lessor is required approval may be given to
the Director of Airports for Lessor.
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Page 7 of 10 Pages
AR1'ICLE XIV - INSPECTION BY LESSOR
Lessor ~ay enter upon the prennses now or hereafter leased
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exclus'i:ve'1y t<o Lessee hereunder.a-t any reasonable time for any
purpose ne~e;sary, incidental to or connected with the perfor-
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mance of it~Qb1igations hereunder, or in the excise of its
governmental ,functions.
,Xv - ASSIGNMENT AND SUBLETTING
Lessee sha11 not at any time asslpn this agreement or any
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part thercof,-nor sublet all or any portion of the Leased
premises herein without written approval of Lessor.
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XVI - NOTICES
Notices to Lessor provided for herein shall be sufficient
if sent by certified mail, postage prepaid, addressed to:
Director of Airport, Monroe County
Key West International Airport
S. Roosevelt Boulevard
Key West, Florida 33040
and notice to. Li~see, if sent by certified mail, postage prepaid,
addressed to:
Provincetown-Boston Airline, Inc.
Naples Municipal Airport
Post Office Box 1073
N~ples, Florida 33939
or to suc~ other respective addiesses as the parties may designate
to each oth~r iU writing from time to time.
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ARTICLE XVI - PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenIence
of reference and are not intended to define'or limit the scope
of any provision in this lease.
ARTICLE XVII - INVALID PROVISIONS
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In the event any covenants, condition or provision herein
contained IS held to be invalid by any court of competent juris-
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Page 8 of 10 Pages
diction the i~validity of any such covenant, condition or
provision dO,es nOt materially prejudice either Lessor or Lessee
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in its'-re,;.~'pec-tive rights and obli'gations contained in the valid
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covenants', .omditions or provisions of this lease.
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ARTICL~ xix - SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
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All the.' covenant s, st ipu1 at ions and agreements in t hi s
lease shall exte~d to and bind the legal representatives, successors
and assigps,of the respective parties hereto.
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AJUICLE xx - NON - DISCRIMINATION CLAUSE
The Le~~ee in exercising any of the rights or privileges
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herein gr~nted to him shall not on the grounds of race, color
or national origin discriminate or permit discrimination
against any person or groups of persons in any manner prohibited
by Part 15 of the Federal Aviation Regulations, and the Lessor
IS hereby granted the right to take such action, anything of
the contrary herein not withstanding, as the United States may
direct to ~nforce this non-discrimination covenant.
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'ARTICLE XXI - INTERPRETATION OF LEASE
Nothing in this l~ase shall be construed or interpretated
In any manner whatsoever a~ limiting, relinquishing, or waiving
of any rights.or ownership enjoyed by Lessor in the Airport
property, ~or in any manner waiving or limiting its control over
the operaiioh, maintenance, etc., of Airport property or
in derogation- of such government rights as Lessor possesses,
except as IS specifically provided for herein.
ARTICLE XXII - RENTAL INCREASE
The parties specifically agree that the rental rates prevl-
ously provided for herein shall increase automatically based upon
the U.S. Department of Labor Consumer Price Index (U.S. City
Average all -items) using January, 1980, as the base period =
100 as compared to set index at the end of the twelve month period
and applying such percentage increase to the monthly rental. All
increases in rental will be computed annually after the first year
of this lease and be used for the following year's rental.
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Page 9 of 10 Pages
XI II - CONDITION "AS IS"
The Lessee agrees to accept the premises which arc
exclusively ,leas~d to Lessee in "as is" condition and Lessor
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shall~'nat..;'be .obligated to repair, maintain or renovate same.
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XIV - PURPOSE
,.,
The p~rties specifically agree that the purpose for which
the p!opcrty.'is being leased is for the installation of a fuel
farm by the Less~e at the Lessee's total cost and expense.
Further, the Lessee agrees that said fuel farm shall be installed
in accorJ~nce with all existing local, state and federal speci-
'0
fications and/or regu1at'ions.
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XXV - MAINTENANCE OF FUEL FARM
The Lessee shall assure at all times during the term of
this lease that the fuel farm which 1S to be installed upon the
premises being leased be maintained 1n such condition that it
complies with all local, state and federal specifications and/or
regulations.
IN WITNESS :.WIfEREOF, the part ie s heret 0 have caused t his
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lease to be executed as of the day and year first ahove written.
COUNTY OF MONROE, STATE OF FLORIDA
By
a l' oTCo1.1nTy
.Monroe County,
(SEAL)
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Attest :'
/
-L.
'-,
PROVINCETOWN-BOSTON AIRLINE, INC.
By ~ /~,~~_~
(CO~?ORA-rF. SEAL)
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.~ttest :
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I'-.J-iiu (' ,/ .I) r/I'L 0'-..
retary
APP,rfOVED AS TO FCPM
AND LEGAL Sl.IfFICIE:.NC r
..-- /
(..../
Sy_
Anomi1)". Offici1
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Page 10 of 10 Pages
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EXHIBIT "A"
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A parcel of Jand on the Island of Key West, Monroe County,
Florida and-being more particularly described as follows:
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Commence a t the, southeas t corner 0 f Tra ct 49 as recorded
in Official Records Book G-66 at Page 148 of the Public
Records of Monroe County, Florida, said Tract 49 also
shown un numbered (between Tract 47 and East Martello
Tower) j 11 the Plat of Survey as recorded in Plat Book 3,
at Pa~~ 35 of the Public Records of Monroe County, Florida,
said pOLnt pcing the easterly line of Tract 49 and the
northerly Rtght-of-Way line (curb line) of South Roosevelt
Boulevard; t'kence N62038'47"E for 1044.65 feet to the Point
of Beginning; thence N87014'55"E for 73.84
feet; thence 504014' 39"E for 78.13 feet to the Point of
Beginning; containing 0.13 acres more or less.
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