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Item C33County of Monroe � ar c� ,, , ' BOARD OF COUNTY COMMISSIONERS ( t° M ayor Gorge Neugent, District 2 The Florida. Keys 11 �� 1� r '� M or Pro Tern David Rice, District 4 Danny L. Kolhage, District 1 Heather Carruthers, District 3 SylviaJ. Murphy, District County Commission Meeting June 21, 2017 Agenda Item Number: C.33 Agenda Item Summary #3087 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809-5200 no AGENDA ITEM WORDING: Ratification of prior BOCC approval of a Lease Agreement with AVIATION SECURITY MANAGEMENT, LLC (A-S Mgmt.) for office and storage space at the Key West International Airport (Item C-12 approved on 5/17/2017), to now include Exhibit B, which was previously not included. A-S Mgmt. replaces VMD-MT Security as the TSA passenger and baggage screening contractor at the Key West International Airport effective 7-1-2017. ITEM BACKGROUND: The TSA requested solicitations and recently awarded the passenger and baggage screening contract at KWIA to Aviation Security Management, LLC. A-S Mgmt. will occupy the same office and storage space that VMD-MT is vacating. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: Lease now includes Exhibit B STAFF RECOMMENDATION: Approval DOCUMENTATION: A-S Mgmt. including Exh B FINANCIAL IMPACT: Effective Date: 7/01/2017 Expiration Date: 6/30/2022 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes Grant: n/a County Match: n/a Insurance Required: yes Additional Details: If yes, amount: $98,045.64/yr. REVIEWED BY: Beth Leto Completed 06/06/2017 12:16 PM Donald DeGraw Completed 06/06/2017 12:25 PM Pedro Mercado Completed 06/06/2017 12:39 PM Budget and Finance Completed 06/06/2017 2:09 PM Maria Slavik Completed 06/06/2017 2:16 PM Kathy Peters Completed 06/06/2017 7:12 PM Board of County Commissioners Pending 06/21/2017 9:00 AM LEASE AGREEMENT KEY WEST INTERNATIONAL AIRPORT AVIATION SECURITY MANAGEMENT, LLC This lease agreement is entered into this 17'h day of May, 2017, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, I 100 Simonton Street, Key West, FL 33040 (hereafter COUNTY, LESSOR or OWNER) and AVIATION SECURITY MANAGEMENT, LLC., whose address is 17885 Fraley Boulevard, Suite 201, Dumfries, VA 22026 (hereafter A-S MGMT., TENANT or LESSEE). IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: I . Premises. The LESSOR leases unto the LESSEE for its exclusive use office and r.torage space as shown in exhibit "A" (attached) at the Key West International Airport, Key West, Monroe County, Florida, as follows: 1 1 ral B. Storage space area of 414 square feet (the "Storage Space"" 2. Term. The above -described premises are leased to the Lessee for a term of five (5) years, beginning July 1, 2017 and terminating on June 30, 2022. 3. Rent. The rent for the premises, including utilities (excluding telephone, mobile phone • cable equipment & service), daily trash removal and once per week janitorial service, shall be set accordance with airport standard rates and charges at a rate of $57.64 per square foot/annually whi equals $8,170.47 per month, or $98,045.64 per year, plus sales tax for both the Office Space and t Storage Space. Rental rates are subject to revision after the first 12 months and annually thereafter; in accordan with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the previo calendar year ending in December. In the event of a deflationary CPI, no adjustment in the rental rat will be made. I Rent shall be paid in equal monthly installments, all 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 LESSEE to pay any installments when due, the COUNTY 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 due. The acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by LESSEE under the terms of this Lease. The COUNTY, at its option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 12 of this Lease. In the event that any check, draft, or negotiable instrument by which LESSEE 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 shall also be in addition to the amount of rent due. The acceptance by the COUNTY of the rental payment 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 COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees and penalties, declare a default, and proceed according to paragraph 12 of this Lease. 4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as follows: A. The LESSEE shall have reasonable ingress, egress and access privileges to the leaset B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by any person or persons claiming by, through or under it. C. LESSOR shall be responsible for and shall properly maintain the building in which the Premises are located, all common areas and all access and egress to the Premises, including but nol limited to all mechanical, electrical and building systems, roof, windows, and walls, in at least as good condition as at the time of the commencement of this Lease. 5. LESSEE's Covenants. The LESSEE hereby covenants and agrees with the LESSOR as follows: A. To pay the rent and other charges herein reserved at the times and in the manner provided for by this lease; B. To make no alterations, additions or improvements to the demised premises without the prior written consent of LESSOR, which consent shall be not be unreasonably withheld, delayed or conditioned; C. LESSEE agrees to obtain and provide supervision for janitorial services to the Premises LESSEE's cost and to keep and maintain the Premises in good condition, order and repair during the te of this agreement, and to surrender the same upon the expiration of the term in the condition in which th are required to be kept, reasonable wear and tear and damage by casualty, not caused by LESSEE negligence, riot and civil commotion, excepted; D. Not to conduct its business operations at the Premises in violation of any requirements of the validly constituted public authorities or any federal, state or local statute, ordinance, regulation, or standard applicable to LESSEE or its use of the Premises, including, but not limited to, rules and regulations promulgated from time to time by or at the direction of LESSOR for administration of the Airport; E. To use commercially reasonable efforts to control the conduct, manner and appearance of its officers, agents employees and invitees, and upon objection from the Director of Airports or his designee concerning the conduct, manner or appearance of any such persons, LESSEE shall forthwith take commercially reasonable steps necessary to remove the cause of the objection; F. To make no improper or unlawful or offensive use of said Premises, and to permit ti LESSOR or its agents to inspect the Premises at all reasonable times, subject to reasonable regulation LESSEE for business or security purposes, for the purpose of viewing the condition thereof, I H. LESSEE expressly agrees for itself, its successors and assigns to prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the airport, or ,ttherwise constitute an airport hazard. 1. The Leased Premises and the Airport are subject to the terms of those certain Sponsor Assurances made to guarantee the public use of the Airport as incident to grant agreements between t LESSOR and the United States of America as amended. The parties represent that none of the provisio of this Lease violate any of the Sponsor's Assurance agreement; and J. Notwithstanding anything herein contained that may be or R• to be, to the contrary, is expressly understood and agreed that the rights granted under this Lease are exclusive only as to t Premises and are with respect to the other areas of the Airport and the LESSOR herein reserves the rig to grant similar privileges to another lessee on other parts of the airport. 0 6. Leasehold Improvements — Upon approval by LESSOR, LESSEE during the term hereof, may, at its own expense, install, maintain, operate, repair and replace any and all trade fixtures and other personal property useful from time to time in connection with its operation on the Airport, all of which shall be and remain the property of LESSEE and may be removed by LESSEE prior to or within a reasonable time after expiration of the Term of this Lease; provided, however, that LESSEE shall repair any damage to the Premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute LESSEE a hold -over, but all such property not removed within ten (10) days after LESSEE receives a written demand for such removal shall be deemed abandoned and thereupon shall be the sole property of the LESSOR. Leasehold improvements shall include any installation of walls, partitions (excluding movable arCtions doors and windows an electrical wirin nels. conduits service connections, rec 07M ITIM 0 16,164 M 10. Notices - Any notice of other communication from either party to the other pursuant to this 7greement 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: For Lessee: County Administrator AVIATION SECURITY MANAGEMENT, INC. 1100 Simonton Street Lori Hyde, CEO Key West, FL 33040 17885 Fraley Blvd., Suite 400 Dumfries, VA 22026 With a copy to: I I I IP St, Suite 408 Key West, FL 33040 or to such other address as the party being given such notice shall from time to time designate to the oth,"5 by notice given in accordance herewith. I a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates of Insurance to LESSOR to verify such coverage: General Liability. LESSEE shall provide coverage for all premises and operations including Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and Expanded Definition of Property Damage. The limits shall not be less than: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage Vehicle Liability. Prior to LESSEE taking possession of the Premises governed by this Lease, LESSEE shall purchase Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the Lease and include, as a minimum, liability coverage for: .7, re W19 f M41 aty M N-432MMIMS $500,000 per Person gJ.RU1r•rrence 41111AUU1 0 All Risk Prope!ly Insurance. Prior to LESSEE taking possession of the Premises governed by this Lease, LESSEE shall purchase All Risk Property Insurance with limits no less than the Replacement Cost value of the Premises. Coverage shall be maintained throughout the life of this Lease and include, as a minimum, coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood Workers' Compensation — LESSEE shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440 Employers' Liability — LESSEE shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits, $ 100,000 Bodily Injury by Disease, each employee. b. The Monroe County Board of County Commissioners will be included as "Additional Insured" *n all policies, except for Workers' Compensation, issued to satisfy the above requirements. c. 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 days prior notification is given to the LESSOR by the insurer. d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relievinl� LESSEE from any liability or obligation assumed under this lease or imposed by law. e. LESSEE shall maintain the required insurance throughout the entire Term of this Lease and any extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certificate of insurance for any and all insurance policies required by this Lease. Failure to comply with this provision shall be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 12. f. 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. 12. Default. A The Failure of the LESSEE to maintain its Agreement with TSA for passenger and baggage screening services in good standing shall constitute a default under the terms of this lease. In the event LESSEE's Agreement with TSA for passenger and baggage screening services is terminated for any reason by TSA then this lease will co -terminate on the effective date of said tennination by TSA. B The failure of LESSEE to perform any 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 constitute a default under the terms of this Lease. However, if the nature of the default is such that cannot be reasonably cured within the 15 day period, then the defaulting party shall not be deemed in default if it commences such cure within the 15 day period and diligently pursues such cure to completion. In the event of a default by LESSEE beyond all applicable cure periods, LESSOR may, at its option, declare the Lease forfeited and may immediately re-enter and take possession 1f 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 agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. 13. Governing Law, Venue, Inte!pretation, Costs, and Fees: This Lease shall be governed by arim construed in accordance with the laws of the State of Florida applicable to contracts made and to performed entirely in the State. In the event that any cause of action or administrative proceeding instituted • the enforcement or interpretation • this Agreement, the LESSOR and LESSEE agree th venue will lie in the appropriate court or before the appropriate administrative body in Monroe Coun Florida. The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terrns or term of this Lease by or between any of them the issue shall be submitted to mediation prior to t-1 institution of any other administrative or legal proceeding. 14. Severability. If any term, covenant, condition or provision of this Lease (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Lease, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Lease shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Lease would prevent the accomplishment of the original intent of this Lease. The LESSOR and LESSEE agree to reform the Lease to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. I - I 111i 1111 011111111 interpretation ot this Lease, the prevailing party shall be entitled to reasonable attorney's tees, court costs, investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and shall include .2ttorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 16. Binding Effect. The terms, covenants, conditions, and provisions of this Lease shall �irl and inure to the benefit of the LESSOR and LESSEE and their respective legal representative successors, and assigns. I 17. Authority. Each •. represents and warrants to the other that the execution, delivery argo performance of this Lease have been duly authorized by all necessary County and corporate action, required by law. I 18. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and i empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Leas provided that all applications, requests, grant proposals, and funding solicitations shall be approved each party prior to submission. I 19. Adiudication of Disputes or Disagreements. LESSOR and LESSEE agree that all dispute and disagreements shall be attempted to be resolved by meet and confer sessions between representativ of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and con I] f 7 session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply where a default has occurred under the provisions of this Lease. 20. Cooperation. In the event any administrative or legal proceeding is instituted against eithm party relating to the formation, execution, performance, or breach of this Lease, LESSOR and LESSE agree to participate, to the extent required by the other party, in all proceedings, hearings, processe ase Lease. LESSOR and LESSEE specifically agree that no party to this Lease shall be required to enter in any arbitration proceedings related to this Lease. A party who requests the other party's participation accordance with the terms of this paragraph shall pay all reasonable expenses by the other party by reas of such participation. I 21. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Lease, and that the only interest of each is to perform and receive benefits as recited in this Lease. 22. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 23. No Sol icitation/Payment. The LESSOR and LESSEE warrant that, in respect to itself, has neither employed nor retained any company or person, other than a bona fide employee worki solely for it, to solicit or secure this Lease and that it has not paid or agreed to pay any person, compan corporation, individual, or firm, other than a bona fide employee working solely for it, any fe commission, percentage, gift, or other consideration contingent upon or resulting from the award making of this Lease. For the breach or violation of the provision, the LESSEE agrees that the LESSO shall have the right to terminate this Agreement without liability and, at its discretion, to offset fro monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, cnsideo ratin. I o 24. Public Access. Public Records Compliance. LESSEE must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The LESSEE and LESSOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSEE and LESSOR in conjunction with this Agreement and related to its performance. The LESSOR shall have the right to unilaterally cancel this contract upon violation of this provision by the LESSEE. Failure of the LESSEE to abide by the terms of this provision shall be deemed a material breach of this Agreement and the LESSOR may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Agreement. The LESSEE is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Agreement, the LESSEE is required to: 1,73-1k-IM-11ININ 116-11111111 Ins 1147ARMTHU-11" -11TINIII-11111 -IMM" Me, n ITHICI-I UPPIJ LU Lnt; UL;LI'TILJ' UY oVicers, U& the LESSOR, when performing their respective functions under this Lease within the territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits • the LESSOR. 27. Legal Obligations and Responsibilities: Non -Delegation of Constitutional or Statutory Duties. This Lease is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the perfortnance may be offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to the extent permitted by the Florida constitution, state statute, and case law. 28. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Lease to enforce or attempt to enforce any third -party claim or entitlement to or 9 benefit of any service or program contemplated hereunder, and the LESSOR and the LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Lease separate and apart, inferior to, or superior to th*- community in general or for the purposes contemplated in this Lease. 29. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Lease or be subject to any personal liability or accountability by reason of the execution of this lease. 30. Execution in Counte!parts. This Lease may be executed in any number of counterpart each of which shall be regarded as an original, all of which taken together shall constitute one and t17. same instrument and any of the parties hereto may execute this Lease by signing any such counterpart. 31. Section HeadiM. Section headings have been inserted in this Lease as a matter convenience of reference only, and it is agreed that such section headings are not a part of this Lease n will not be used in the interpretation of any provision of this Lease. 32. Termination of Lease. During the term of this lease, either of the parties hereto may cano this agreement without cause by giving the other party thirty days written notice of its intention to do so. 33. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, whic are listed in Exhibit "B", attached hereto and made a part hereof. 34. Compliance with Rules and Regulations. LESSEE shall comply with all State, Feder, and County laws, statutes, ordinances, rules and regulations, including but not limited to the rules ar regulations as set forth in the airport's minimum standards, as any of the same may be amended from tirr to time, all additional laws, statutes, ordinances, regulations and rules of the federal state and couni governments, and any and all plans and programs developed in compliance therewith, which may I applicable to its operations, as any of the same may be amended from time to time, including specificall, without limiting the generality thereof, federal air and safety laws and regulations and federal, state, ar county environmental, hazardous waste and materials and natural resources laws, regulations and perml and FAA Airport Improvement Program Grant Compliance requirements. a) General. The federal Transportation Security Administration is the federal agency primari responsible for overseeing the security measures utilized by the airport owner pursuant to the releva provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Cod - including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result severe civil monetary penalties being assessed against the airport operator. It is the intent of the airp operator that the burdens and consequences of any security violations imposed upon the airport operat as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or license shall be borne by the airport tenant. b) Airport Tenant Defined. An airport tenant means any person, entity, organization, partnership, corporation, or other legal association that has an agreement with the airport operator to conduct 10 1 + •1 ! 1 R' �' 1 11 1 1 R'' # 11' 1 1 1 'R'. • 1" !' r -;1 1 •1 11" . 1 1 '• . ! . 11' 'f 1 11 1 R •1 ' 1 T' • 1 1 1 1 1' 1 +" � � 1" •" •� •' c � 1 11 + � T ! - 1 1 1' 1 1 . ! • 1� a � 1 f 1' 1.. . !. R '.... R • 1. remedialmitigating, or taking of measures as may reasonable attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a breach of this Agreement by the airport tenant. (5). Survival of Sub -Section. This sub -section h shall survive the cancellation or termination of t is Agreement, and shall be in full force and effect. LESSOR,36. Mutual Review. This Lease has been carefully reviewed by LESSEE and therefore this Lease is not to be construed against either party on the basis of authorship. WITNESSES: M 99 tk s I W M 'Ma , M I tl I f MANAGEMENT, ION CEO I I tk - pa DEPARTURE BRIDGE S , N b, (JOice ace, 2,04, 204A, & 20411'3; consi.stinq, of 1,28"17 sq-, f), C 15 -20 1 , In , — i k" am}im d- m m M- WN I m mm N-- WMM ... . . . ... . . — d ]El FV 9 I Packet Pg. 1266] Rz�� --------------------------- h-) - A x,if A - BAGGAGE STORAGE ROOM SCREENING ROOM mil :toragc ]R,oronli "9 corl""is"ti-ing of 414 :Ski A IR M OMCE 10,14:11 1. This lease shall be subject to review and re-evaluation at the end of each I year period, by the airport owner and the rent may be adjusted according to their action, not to exceed the Consumer Price Index rate during the last 12 month period, or; Land less improvements will be appraised every 5 years and the adjusted rental will be based on normally 10-12 percent of the appraised value. If disputed, lessor obtains ?ppraisal at his expense and lessor/lessee equally share expense for review appraisal that establishes fair market value. 2. The tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, 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 such land and the furnishing or services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the 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 Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal ly-assisted programs of the Department of Transportation-Effactuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may •' amended. That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re-enter as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise • expiration of appeal rights. V It shall be a condition of this lease, that the lessor reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, 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 • 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 expressly agrees for itself, its successors and assigns, to prevent any use • the hereinafter described real property which would interfere with or adversely affect the operation or maintenance • the airport, or • constitute an airport hazard. 4. This lease and all provisions hereof are • to any ordinances rules or regulation which have been, • may hereafter be adopted by the Airport Owner pertaining to the Key West International Airport. 5. Notwithstanding anything herein contained that may be, or r• to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement art. nonexclusive and the Lessor herein reserves the right to grant similar • t* another Lessee or other Lessees on other parts of the airport.