04/06/1984R
LEASE
THIS LEASE is made and entered into on the 6th day of April,
A.D. 1984, by and between the COUNTY OF MONROE, STATE OF FLORIDA,
a political subdivision of the State of Florida, hereinafter
referred to as "County", and PROVINCETOWN BOSTON AIRLINES, INC.,
a Florida corporation, Lessee, hereinafter referred to as "PBA".
W I T N E S S E T H:
WHEREAS, County owns an airport known as the Key West
International Airport located in Key West, Monroe County,
Florida, hereinafter referred to as the "AIRPORT", and
WHEREAS, PBA is engaged in the business of air
transportation of passengers, cargo, mail and other property, and
WHEREAS, PBA 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 PBA 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 PBA, and PBA does
hereby lease from County, certain premises and facilities, rights
and privileges, as follows:
1. PREMISES. County does hereby lease to PBA, and PBA
leases from County, premises as indicated on the attached
Exhibit "A", made a part hereof.
2. USE OF THE AIRPORT. PBA 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 passengers, cargo, mail and
other property by air.
3. TERM. The term of this Lease shall be two (2) years,
commencing April 6, 1984, and ending on the 31st day of March,
1986. PBA 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 reserves the right upon thirty (30) days written notice to
reclaim the land and, if appropriate, move the facility if the
leasehold area is required to accommodate future airport
improvements.
4. RENT. During the term of this Lease, PBA shall pay to
the County, rent on or before the first of each month of the term
in the amount of:
a. 3,800 square feet of building space to be used as
aircraft service, parts and cargo storage facility
at the rate of $3.50/sq. ft./annum.
b. 10,000 square feet of paved ramp area to be used
for aircraft parking, maintenance and cleaning at
the rate of #.386/sq. ft./annum.
Applicable Florida State sales tax is payable in
addition to rent.
5. LEASE HOLD IMPROVEMENTS. PBA shall have the right to
occupy a building on the leased premises for aircraft servicing,
cargo handling and storage 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 accordance with all applicable State and County
building codes and requirements.
6. COMMON AREAS. PBA 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
PBA aircraft, subject to reasonable rules and regulations of
County as to the use of such common spaces and facilities.
7. RIGHT OF INGRESS AND EGRESS. PBA, its agents,
employees, 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.
8. UTILITIES. PBA shall be responsible for obtaining
electrical service, water service, trash removal service and
similar utility services as needed, and shall be responsible for
paying for its use of such utility services.
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9. ASSIGNMENT.
The premises leased hereunder may not be
sublet and this Lease may not be assigned without the written
consent of the County.
10. MAINTENANCE OF PREMISES. PBA shall be responsible for
and shall properly maintain the leased premises, and upon the
termination 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.
11. INSURANCE. PBA 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 PBA, its agents, or employees in
the use or occupancy of the leased premises and the common areas
of the Airport facilities by PBA. PBA shall carry and keep in
force Public Liability Insurance covering personal injury and
property damage with an insurance company authorized to do
business in the State of Florida, having minimum limits of
liability for personal injuries in the amount of $500,000.00, and
for property damage in the amount of $250,000.00, and to furnish
County with certificates of such insurance.
12. DEFAULT. The failure of PBA 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 PBA 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 PBA
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, 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, fees or charges due,
County shall be entitled to reasonable attorney's fees.
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13. CANCELLATION OF LEASE. County may cancel this Lease
agreement by giving PBA sixty (60) days advanced written notice
upon the happening of any one of the following events: the
filing of a voluntary petition in bankruptcy by PBA; the
institution of an involuntary proceeding in bankruptcy and the
adjudication of PBA as bankrupt; the taking by a court of
competent jurisdiction of PBA and its assets, pursuant to a
proceeding under the provisions of any federal reorganization
act; the appointment of a receiver of PBA assets; the divesting
of PBA's lease hold estate by other operation of law; the
abandonment by PBA of air cargo 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.
(SEAL)
Attest:
Ck
(CORPORATE SEAL)
Attest:
COUNTY OF MON OE, STATE OF FLORIDA
By " -
Mayor/Chairman of the Board of
County Commissioners of Monroe
County, Florida
PROVINCETOWN BOSTON AIRLINES, INC.
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President
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