03/01/1999 to 03/31/2002 09/20/2000BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 3305O
TEL. (305) 289-6027
~AX (30~) 28~-~74~
MEMORANDUM
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
tm,. (20~) 292-3ss0
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) B52-7146
DATE:
September 27, 2000
TO:
Peter Horton, Director
Monroe County Airports
FROM:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~'~/~'/
Deputy Clerk C~,,J/-J
At the September 20, 2000, Board of County C6mmissioner's meeting the Board granted
approval and authorized execution of the following:
d Lease Agreement between Monroe County and Mountain Air Cargo for an aircraft apron
at the Florida Keys Marathon Airport. Duplicate original attached.
Lease Extension Agreement between Monroe County and Island City Flying Service for a
hangar at the Key West International Airport. Copy attached.
Amendment to the Rental Car Concession Agreement between Monroe County and Dollar
Rent A Car Systems for operations at the Key West International Airport. Duplicate original
attached.
Purchase Service Order No. 99/00-13 between Monroe County and ErRS Greiner to
prepare plans and specifications, and provide other services, for a standby generator for the Key
West International Airport Terminal Building public areas. Copy attached.
Extension Agreement between Monroe County and Anthony M. Bona, DBA Gardens of
Eden, to provide landscape maintenance at the Key West International Airport. Duplicate original
attached.
Cc:
Should you have any questions please feel free to contact our office.
County Administrator w/o document County Attorney File
Risk Management w/o document Finance
AGREEMENT
MARATHON AIRPORT
tI
THIS ~REEMENT is made and entered into on theU day of
C;;qP72Z;V1 fY[;; 2000, by and between MONROE COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as "County" or "Lessor" and MOUNTAIN
AIR CARGO, INC., hereinafter referred to as Lessee.
WHEREAS, Lessor owns an airport known as the Marathon Airport, located in
Marathon, Monroe County, Florida, hereinafter referred to as "Airport," and
WHEREAS, Lessee is engaged in the business of air transportation of cargo, mail
and other property, and
WHEREAS, Lessee desires to obtain certain rights, services and privileges in
connection with the use of the Airport facilities, and the Lessor is willing to grant same to
Lessee on a non-exclusive basis, upon the terms and conditions hereinafter stated; now,
therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, Lessor does hereby grant unto
Lessee, and Lessee hereby takes from Lessor, certain premises, facilities, rights, and
privileges in connection with and on the Airport, as follows, to wit:
ARTICLE I - PREMISES
Lessor does hereby lease to Lessee, and Lessee leases from the Lessor, 19,800
square feet of aircraft apron area, as indicated on the drawing labeled as Exhibit "A"
attached hereto and made a part hereof.
ARTICLE II - USE OF THE AIRPORT
Lessee 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. .
ARTICLE III - TERM 5 0 0 ."
:z: ;po 0 r-
:;;o:("'):z ~ f't1
This lease shall commence March 1, 1999, and end on March 31, 2~.~ -0 0
n' r N ."
on. -' 0
ARTICLE IV - FEES AND CHARGES ~?Jo =-- ::0
-tn. :x ::0
:<...:r: . fT1
During the term of this lease, Lessee shall pay to the Lessor, rent af)t1 I,g:ncnllg ~s
as follows: j... j;1 WI :::0
, 0". C
1. The amount of Nine Thousand Nine Hundred Sixteen and 80/100 Dollars
($9,916.80), plus sales tax, for an area of nineteen thousand eight hundred (19,800)
square feet of aircraft apron area; and
2. Landing fees as specified in Article V.
The lease amount agreed to herein might be adjusted annually in accordance with
the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for
the most recent 12 months available.
Rent for item 1 shall be paid in equal installments and shall be due and payable on
or before the first day of each calendar month during which this lease is in effect.
Landing fees shall be paid within thirty days after the end of the month for which they
are due. Upon the failure of Lessee to pay rent and/or fees when due, the Lessor will be
entitled to charge and collect, and Lessee 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 and/or landing fees due. The
acceptance by the Lessor of the overdue rent and/or landing fees plus applicable late
fees shall cure what would otherwise constitute a default by Lessee under the terms of
this lease. The Lessor, at its option, however, may refuse a proffered overdue fee and
late fees, declare a default, and proceed according to Paragraph X of this lease. In the
event that any check, draft, or negotiable instrument by which Lessee has tendered any
payment is returned to the Lessor and not honored, whether for insufficient funds or
other reason, the Lessor 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 shall also be in addition to the amount of
fees due. The acceptance by the Lessor of the rent and/or landing fees plus any
applicable late fee and penalties following the receipt of a dishonored instrument shall
cure what would otherwise constitute a default under the terms of this lease. The
Lessor, at its option, however, may refuse any proffered fee payment and applicable late
fees and penalties, declare a default, and proceed according to Paragraph X of this lease.
ARTICLE V - LANDING FEES
The apron rental fee includes five landings per week; however, any landings over
five per week shall be computed as follows:
$.73 per 1,000 pounds of approved maximum gross landing weight. A
minimum landing fee of $9.13 will be charged for all aircraft weighing less
than 12,500 Ibs. gross landing weight.
Lessee shall report to the Lessor, not later than the 10th day of each month,
Lessee's Actual Revenue Trip Arrivals at the Airport during the preceding calendar
month, which shall include the number and type of such arrivals. The number 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. Lessee provides service to
Marathon, Florida, utilizing a Cessna 208 Caravan. While this aircraft is owned by The
Federal Express Corporation, it is leased to and operated by Lessee based in Denver,
2
North Carolina. As such Lessee is responsible for all the operating expenses related to
a'ircraft, including landing fees. In the event Lessee is unable to satisfy its obligations,
Federal Express Corporation will assume the responsibility for ensuring all payments and
contractual agreements are maintained.
ARTICLE VI - COMMON AREAS
Lessee shall have the right to use, in common with others, the Airport space and
facilities to permit landing, taking off, loading, unloading and servicing of Lessee's
aircraft, subject to reasonable rules and regulations of Lessor as to the use of such
common spaces and facilities.
ARTICLE VII - RIGHT OF INGRESS AND EGRESS
Lessee, its agents, employees, customers, suppliers, and patrons shall have the
right of ingress and egress to and from the airport premises, which shall not be
unreasonably restricted by Lessor.
ARTICLE VIII - ASSIGNMENT
This agreement may not be assigned without the written consent of the Lessor.
ARTICLE IX - INDEMNIFICATION/HOLD HARMLESS
(a) Lessee agrees to indemnify and save Lessor 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 Lessee, its agents, or employees in the use or
occupancy of the leased premises and the common areas of the Airport facilities by
Lessee.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
(b) Prior to Lessee taking possession of the property owned by the Lessor,
Lessee shall obtain, at its own expense, insurance as specified in the attached schedules,
which are made a part of this lease agreement.
The Lessee will not be permitted to occupy or use the lease property until
satisfactory evidence of the required insurance has been furnished to the Lessor as
specified below.
Lessee shall maintain the required insurance, throughout the entire term of this
lease agreement, and any extensions, as specified in the attached schedules labeled as
Exhibit "B". Failure to comply with this provision may result in the immediate
termination of the lease agreement and the return of all property owned by the Lessor.
Lessee shall provide to the Lessor as satisfactory evidence of the required
insurance, either a Certificate of Insurance or a certified copy of the actual insurance
policy.
Lessor, at its sole option, has the right to required a certified copy of any or all
insurance policies required by this contract.
3
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the Lessor by the insurer.
The acceptance and/or approval of the Lessee's insurance shall not be construed
as relieving the Lessee from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies. Lessee shall carry its insurance with Insurance companies
authorized to do business in the State of Florida.
Any deviations from these General Insurance Requirements must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
Requirements" and be approved by Monroe County Risk Management.
ARTICLE X - DEFAULT
Unless the Lessor has accepted a rental payment and/or landing fee payment
after it has become due together with any applicable late payments and penalties, the
failure to pay rent and/or landing fees when due shall constitute a default under the
terms of this lease. The failure to pay any other charges or fees when due under this
agreement shall constitute a default. Further, the failure of Lessee 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 Lessee in writing by the Lessor, shall also constitute
a default under the terms of this lease. In the event of a default, Lessor may, at its
option, 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 right under this paragraph, or to collect
any of its rentals, fees, or charges due, Lessor shall be entitled to reasonable fair market
value attorney's fees.
ARTICLE XI - CANCELLATION OF AGREEMENT
Lessor may cancel this agreement by giving Lessee sixty (60) days advanced
written notice upon the happening of anyone of the following events: the appointment
of a receiver of Lessee's assets; the divesting of Lessee's leasehold estate by other
operation of law; the abandonment by Lessee of its air cargo transportation business at
the Airport for a period of sixty (60) days. By the end of the sixty (60) day notice
period, Lessee shall have vacated the premises and the Lessor may immediately re-enter
and take possession of the same. If it is necessary to employ the services of an attorney
in order to enforce the Lessor's rights under this paragraph, the Lessor shall be entitled
to reasonable fair market value attorney's fees.
ARTICLE XII - FAA REOUIREMENTS
The parties shall comply with FAA Required Lease Clauses, which are listed in
Exhibit "C," attached hereto and made a part hereof.
4
ARTICLE XIII - NOTICES
Any notice or other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper
postage and registration fees prepaid, addressed to the party for whom intended, at the
following addresses:
For Lessor:
Airport Director
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
For Lessee:
Mountain Air Cargo, Inc.
P. O. Box 488
Denver, NC 28037
or to such other address as the party being given such notice shall from time to time
designate to the other by notice given in accordance herewith.
parties have caused this lease to be executed this
, 2000.
BOARD OF COUNTY COMMISSIONERS
3: COUNTY, FLORIDA
B ~,e ~ d
ayor/Chairman ~
-
(SEAL)
ATTEST:
MOUNTAIN AIR CARGO, INC.
4
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EXHIBIT 'A'
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EXHIBIT 'B'
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INSURANCE
1996 Edition
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Recognizing that the Vendor is engaged in providing commercial air transportation and delivery
service'lo and from air facilities owned, operated, or maintained by the County, the Vendor shall
purchase and maintain, throughout the life of the contract, Aircraft and Airport Liability
Insurance which will respond to bodily injury and property damages resulting from any claim
arising out of the air transportation services governed by this contract..
The Monroe County Board of County Commissioners shall be named as Additional Insured.
$~c b
The minimum limits ofliability shall be $&0 million per occurrence. 1'i't\
Modified by Risk Management 1/6/97
AIRJ
Adlllinistralill'\ Illstructioll
f,.1709.2
38
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include~ as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Propcrty Damagc
The minimum limits acccptable shall be:
$1,000,000 Combines! Singlc Limit (CSL)
If split limits arc providcd, the minimum limits acccptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Propcrty Damage
An Occurrence Form policy is prcferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
.,
GL3
^dministralion InstrlJctlon
li,.7()')2
56
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
. prior tG\the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Ownea, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
....
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
....
VL3
Administration fnsl'llction
fI47()')}
ID
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
- .
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, ~ an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC3
AdminislratiOll InSllllC:ion
If 470')2
90
EXHIBIT 'e'
I
FAA REQUIREMENTS
"
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FAA REQUIRED LEASE CLAUSES
4'
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1.
This lease shall be subject to review and re-evaluation
at the end of each ~ year period, by ~e airport,
owner and the rent may be adjusted accord1ng to the~r
action, not to exceed the Consumer Price Index rate
during the last j.~ month period, ori
Land less improvements ~ill be appraised eVery~ years
and the adjusted rental ~ill be based' on normally 10-12
percent of appraised value. 'If disputed, lessor
obtains appraisal at ~is expense and les~or/lessee
equally share expense for review appraisal' that
establishes fair market value.
,"
2.
The tenant for himself, his personal representatives,'
succes,sors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree
that (1) no person on Ule grounds of race, color, or
~ational origin shall be excluded from participation
111, 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 ~~ch land and the furnishing of services
thereon, no person on the grounds of race, color, ~r
national origin shall be excluded from participation
in, denied ~le benefits of, or be otherwise subjected
to discrimination, (3) that the tenant shall Use the
premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportar\on, 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. .
. ......:.,..
It shall be a condition of this lease, that the lessor.
reserves unto itself, its SUccessors and assigns, for
the U:;(~ and benefit of UlC: public, a right of flight .,"
fot- t.he passage of a/rcrZ1ft in the airspace above the
GUrf.-lC(~ of the !~('('lJ pro1wrt.y he!-r~jn(lftr:r described,
to'!(:l!u'" \..Ijt~h t~IJ(. ,-j(I!Jt: l:() (~.:lll~;(, ill ~;;lid ;~jr:;p:\ce :,uch
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now known or hereafter used, 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 Tenant 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 77.
That the Lessee exprE~sly agrees for its~lf, its
successors and assigns, to prevent. any use of the
." hereinafter described real property which would
interfere wie1 or adversely affect the operation or
maintenance of the airport, or otherwise constitute an
airport hazard.
4. This lease and all provisions hereof are subject and
subordinate to ~1e terms and conditions of the
instruments and documents under which the Airport Owner
acquired U1e 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 lease of said lands from
the Airport Owner, and any existing or subsequent
amendments ~1ereto, and are subject to any ordinances,
rules or regulations which have been, or may hereafter
be adonted by the Airport Owner pertaining to the
fYl A r.p Airport.
5.
--
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 the Les5o~ herein
reserves the right to grant similar privileges to
another Lessee or other Lessees on other-parts of the
airport.
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