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Resolution 118-1990 Division of C lity Services RESOLUTION NO. 118 -1990 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE LEASE AGREEMENT BETWEEN MONROE COUNTY AND THE PRIORITY AIR, INC. CONCERNING SPACE AT THE KEY WEST INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereby authorizes the Mayor to approve the lease agreement between Monroe County and Priority Air, Inc., concerning space at the Key West International Airport, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this I~fh day of ~) ""''''''1' 1990, A.D. BOARD OF COUNTY COMMISSIONERS OF M~NRO. COUNTY. ' FLORIDA ./f ~' t? By t7'rw_~~ Mayor/Chairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~~"f.M , APPROVED AS TO FORM AND LEGAL SUFFICIENCY. 0'\ ;) "" CL BY~~~~ Attor ey's Office ' N c:n Ll.J LJ._ ~ ~~ ::r\ LEASE THIS LEASE is made and entered into on the 13th day of February, 1990, by and between the MONROE COUNTY, a political subdivision of the State of Florida, Lessor, hereinafter referred to as "COUNTY", and PRIORITY AIR, INC., a Florida corporation, Lessee, hereinafter referred to as "PAl". w~EREAS, COUNTY owns an airport known as Key West Interna- tional Airport located in Key West, Monroe County, Florida, hereinafter referred to as the "airport", and WHEREAS, PAl is engaged in the business of air transporta- tion of cargo, mail and other property, and WHEREAS, PAl 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 PAl on a non-exclusive basis, upon the terms and conditions hereinafter stated. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby lease unto PAl, and PAl does hereby lease from COUNTY certain premises and facilities, rights and privileges, as follows: 1) Premises. T COUNTY does hereby lease to PAl, and PAl leases -from COUNTY, the eastern portion, measuring forty-seven feet by thirty feet (47' x 30') of the Air Cargo building pre- sently located at the airport, as indicated on the drawing labelled as Exhibit "A" that is attached hereto and made a part hereof. 2) Use of the Airport. PAl 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 connection with the airport for common use, in the operation of a business for the transportation of cargo, mail and other property by air. 3) ~. The initial term of this lease shall commence on February 1, 1990, and end on September 30, 1990. PAl 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. 4) Rent. During the term of this lease, PAl shall pay to the COUNTY, rent as follows: (1) the amount of eight dollars and forty-one cents ($8.41) per square foot, for the area of one thousand four hundred ten (1,410) square feet, in the Air Cargo building, for a total of eleven thousand, eight hundred fifty-eight dollars and ten cents ($11,858.l0) per annum, plus (2) the amount of thirty-six and three-tenths cents ($0.363) per square foot, for an area of one thousand nine hundred forty (1940) square feet, of open land adj acent to the Air Cargo building, for use of loading, unloading, and parking of automotive vehicles, for a total of seven hundred four dollars and twenty-two cents ($704.22) per annum. Such rent shall be paid in equal installments, each of which shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Upon the failure of PAl to pay any such installment when due, the COUNTY will be entitled to charge and collect, and PAl will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty (30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of the date due. Such late fees will be in addition to the amount of rent due, and they shall not preclude the COUNTY from seeking any other remedy for late payment of rent. In the event that any check, draft, or negotiable instrument by which PAl has tendered any rent payment is returned to the COUNTY, and not honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of twenty-five dollars ($25.00) for such dishonored instrument. Such penalty fee will 2 be in addition to the amount of rent due, preclude the COUNTY from seeking any other payment of rent. 5) Security Deposit. In addition to the rent payments as provided above, PAl shall pay to the COUNTY, upon the date of execution of this Agreement, an amount of Two Thousand Five and it shall not remedy for late Hundred Dollars ($2,500.00), which the COUNTY will hold as a security deposit. In the event of any breach by PAl of any of the terms of this Agreement, including any failure to timely pay any rent due, the COUNTY may draw upon the monies held by the COUNTY as security, to pay and cover any amounts due and owing from PAl. 6) Landing Fees. In addition above, PAl shall pay to the COUNTY, follows: $.55 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of $6.88 will be charged for all aircraft weighing less than 12,500 lbs. gross landing weight. PAl shall report to the COUNTY not later than the lOth day of each month, PAl's Actual Revenue Trip Arrivals at the airport during the preceding calendar month, which shall include the number and type of such arrivals. The numbers of arrivals so operated, multiplied by the applicable approved maximum gross landing weights for each type of aircraft, shall determine the weight for which the monthly payment shall be made. The term "approved maximum gross landing weight" for any aircraft as used herein shall be the maximum gross landing weight approved by the Federal Aviation Administration for landing such aircraft at the airport herein. 7) Lease Hold Improvements and Use. PAl shall have the right to occupy the eastern portion, measuring forty-seven feet by thirty feet (47' x 30') of the Air Cargo building, and an area of one thousand nine hundred forty (1,940) square feet of open land adjacent to the Air Cargo building. During the term of this lease PAl shall not park or place any automotive vehicles in any spaces other than those designated by the COUNTY for parking, and PAl shall not park any vehicle overnight anywhere on airport to the rent as provided landing fees computed as 3 property, without prior written consent to do so, obtained from the Director of Airports. 8) Common Areas. PAl 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 PAl aircraft, subj ect to reasonable rules and regulations of COUNTY as to the use of such common spaces and facilities. 9) Right of Ingress and Egress. PAl, its agents, employ- ees, customers, suppliers and patrons shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by COUNTY. 10) Utilities. PAl shall be responsible for the payment for electrical service, water service, trash removal service, and similar utility services as needed. ll) Assignment. The premises leased hereunder may not be sublet, and this lease may not be assigned without the written consent of the COUNTY. 12) Maintenance of Premises. PAl shall be responsible for and shall properly maintain the lease premises, and upon the termination of this lease, shall leave the premises in at least as good condi tion as at the time of the commencement of this lease, normal use and occupancy excepted. 13) Insurance. PAl 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 PAl, its agents, or employees in the use or occupancy of the leased premises and the common areas of the airport facilities by PAl. PAl agrees to carry and keep in force Comprehensive General Liability Insurance coverage with combined single limits for bodily injury and property damage in the amount of One Hillion Dollars ($1,000,000.00). The COUNTY shall be named an additional insured and will be furnished with a Certificate in evidence of the insurance providing for no less than thirty (30) days notice in the event of material change or cancellation. Lessee shall carry its insurance coverages with a company authorized to do business in the State of Florida. 4 14) Default. The failure of PAl to pay any installment of rent when it becomes due or any other charges or fees shall constitute a default under the terms of this lease. Further, the failure of PAl 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 PAl 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 options, declare the lease forfeited and may immediately re-enter and take possession of the leased premises, and this lease shall terminate. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this paragraph, or to collect any of its rentals or fees or charges due, COUNTY shall be entitled to reasonable attorney's fees. 15) Cancellation of Lease. COUNTY may cance 1 this Lease agreement by giving PAl sixty (60) days advanced written notice upon the happening of anyone of the following events: the filing of a voluntary petition in bankruptcy by PAl; the institu- tion of an involuntary proceeding in bankruptcy and the adjudica- tion of PAl as bankrupt; the taking by a court of competent jurisdiction of PAl and its assets, pursuant to a proceeding under the provisions of any fed~ra1 reorganization act; the appointment of a receiver of PAl's assets; the divesting of PAl's lease hold estate by other operation of law; the abandonment of PAl of its air cargo transportation business at the airport for a period of sixty (60) days. IN WITNESS WHEREOF, the parties hereto caused this lease to be executed as of the day and year above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest: By: Mayor/Chairman By: Clerk PRIORITY AIR, INC. (SEAL) Attest: By President By: Secretary 4tb.4W05C:iTQ AND LEGAL SUFFIi , RY lS# ~ - - -~-- - - . , . 5 I ' ." ~"Ij ><: ..r: H u:l H r-j > \0" 'lo<. .. ""I(_.~ -1<-)(')c. )( )( -~,,...-...-,, ---..-.. . .-..- .. ....-.-- -.- '.--. Aile [A R (,0 R.n .." '" ~ - III lI\ ~ ~ \/I "" ~. e Ill' ~ ~ >> "" ~ > - ~ n ~ 70 G" o (J) C ,- 0' z: C" \J 10 - o .~ ~ .... 0 ..{ ~ ~ ~ ... 'FJ ----- ~ ~ ll- j o z:. J ('i) ;a:. z:. G' ~ >- 3 "0 ,. . S .. ~~_~J -?