Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 10/18/00
10/19/00
DIVISION: COUNTY ADMINISTRATOR!
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease agreement with Federal Express for a building and apron at the Key West
International Airport.
ITEM BACKGROUND: This is a renewal lease, commencing 10/1/00 and terminating 9/30/02.
PREVIOUS RELEVANT BOCC ACTION: Approval of previous lease agreement.
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes
AMOUNT PER MONTHIYEAR: $46,620.85 - rent
$3,500.00 - landing fees (est)
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
~
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
J-CS
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Federal Express Corp.
CONTRACT SUMMARY
Contract #
Effective Date: 10/1/00
Expiration Date: 9/30/02
Contract Purpose/Description: Lease for rental space at the Key West International Airport
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 10/18/00
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 10/4/00
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing
Budget~d? N/A
Grant: Nt A
County Match: N/A
Estimated Ongoing Costs: NtA
(not included in dollar value above)
Current Year Portion: N/A
Account Codes: 404-344101
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airports Director
...1.Qj 'L / t> 0
5-JM! GO
!/-JtM-D
Risk Management
~urchaSing
County Attorney
-f-f_
Comments:
CONTRACT REVIEW
Changes
Needed
Yes No
Reviewer
Date Out
\O/2./l)~
(
(
(
( ) ( )
.3J d.'S'/ 00
cJ ~P'f(rO
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10 -0' 8::1"""C<)~
LEASE AGREEMENT
KEY WEST INTERNAnONAL AIRPORT
THIS CONTRACT OF LEASE is made and entered into on the day of
, 2000, by and between MONROE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNTY" and FEDERAL EXPRESS
CORPORATION, hereinafter referred to as "FEDEX."
WHEREAS, COUNTY owns an airport known as the Key West International Airport,
located in Key West, Monroe County, Florida, hereinafter referred to as "AIRPORT, " and
WHEREAS, FEDEX is engaged in the business of air transportation of cargo and other
property, and
WHEREAS, FEDEX desires to obtain. certain rights, services and privileges in
connection with the use of the Airport facilities, ancf-the EGUNTY is.willing to grant and lease
the same to FEDEX on a non-exclusive basis, upon the terms and conditions hereinafter
stated, now, therefore,
IN CONSIDERAnON of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease
unt9 FEDEX, and FEDEX does hereby lease from COUNTY, certain premises, facilities, rights,
and privileges in connection with and on the Airport, as follows, to wit:
1. PREMISES COUNTY does hereby lease to FEDEX, and FEDEX leases from the
COUNTY, the Air Cargo building presently located at the Airport, measuring one hundred feet
by thirty feet (100' x 30'), and nine thousand five hundred thirty-five (9,535) square feet of
open land adjacent to the building, and an aircraft apron measuring sixty feet by one
hundred feet (60' x 100') as indicated on the drawing labeled as Exhibit "A" attached hereto
and made a part hereof.
2. USE OF THE AIRPORT FEDEX 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 and other property by air.
3. TERM The term of this lease shall be twenty-four (24) months, commencing
October 1, 2000, and ending on September 30, 2002.
4. RENTALS AND FEES During the term of this lease, FEDEX shall pay to the
COUNTY, rent as follows:
a) the amount of Thirty-eight Thousand, Forty-six and 90/100 Dollars
($38,046.90) per annum, plus applicable sales tax, for the area of three thousand (3,000)
square feet, in the existing Air Cargo bUilding, and
b) the amount of Four Thousand Nine Hundred Thirteen and 95/100 Dollars
($4,913.95) per annum, plus applicable sales tax, for an area of nine thousand five hundred
thirty-five (9,535) square feet of open land adjacent to the Air Cargo building, for use for. ____.
loading, unloading, and parking of automotive vehic:Jes:'~
c) the amount of Three Thousand Six Hundred Sixty Dollars ($3,660.00)
per annum, plus applicable sales tax, for an area of six thousand (6,000) square feet of
aircraft apron adjacent to the Air Cargo building.
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 items a, b, and c shall be paid in equal 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 FEDEX to pay any installments when due, the COUNTY will be
entitled to charge and collect, and FEDEX 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 FEDEX under the terms of this lease. The ceuNTY, at-.its option, however, may
refuse a proffered overdue rental installment and late fees, declare a default, and proceed
according to paragraph 14 of this lease. In the event that any check, draft, or negotiable
instrument by which FEDEX 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 T.wenty-five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also
be fn 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 14
of this lease.
5. SECURITY DEPOSII In addition to the rent payment as provided above,
FEDEX shall maintain with the COUNTY, the sum deposited, to-wit: an amount of Twenty-
five Hundred Dollars ($2,500.00), which the COUNTY will hold as a security deposit. In the
event of any breach by FEDEX 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 FEDEX.
6. LANDING FEE~ landing fees shall be assessed at a rate to be established by
the County's 1995 or an approved, updated Rates and Charges Study, subject to an
adjustment on January 1, 2001 and January 1, 2002, in accordance with the percentage
change in the CPI-U for the most recent 12 months available.
The landing fees shall be computed, using the $.75 rate as an example only, as follows:
$.75 per 1,000 pounds of approved maximum gross landing weight. A minimum
landing fee of $9.38 will be charged for all aircraft weighing less than 12,500 pounds
gross landing weight.
FEDEX shall report to the county commissioners, not later than the 10th day of each
month, FED EX's Actual Revenue Trip Arrivals at the Airport during the preteding calendar
mo~th, which shall i~clude_the numJ~er and type of such arrivals.----The~numberof arrivals so-----~~
2
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. FEDEX provides service to Key West, FlOrida
utilizing a Cessna 208 Caravan. While this aircraft is owned by FEDEX, it is leased to and
operated by Mountain Air Cargo based in Denver, North Carolina. As such, MAC is
responsible for all the operating expenses related to aircraft, including landing fees. Within
15 days after its receipt of written notice that, MAC is unable to satisfy its obligations
hereunder, FEDEX will assume the responsibility for ensuring that all payments and
contractual agreements are maintained, or vacate the premises and this lease shalf be
terminated in accordance with paragraph 14.
7. LEASEHOLD IMPROVEMENTS AND USE FEDEX shalf have the right to
occupy the Air Cargo building measuring one hundred feet by thirty feet (100' x 30'), and
nine thousand five hundred thirty-Five (9,535) square feet of open land adjacent to the Air
Cargo building, plus the aircraft apron, as indicated on-tne drawing labeled as Exhibit "A"
attached hereto and made a part hereof. FEDEX may only utilize. the leased building to
prOVide counter space for members of the pUblic desirous of using FED EX's cargo .and
package services and for the operation of a business engaged in the transportation Of cargo
and other property. While premises are leased to FEDEX for parking, FEDEX shalf not par~ or
place automotive vehicles in any space on the premises unless it has been designated by the
COUNTY for parking. The COUNTY shall cooperate with the FEDEX in designating a
reasOnable number of parking spaces to accommodate FEDEX's business traffic.
8. COMMON AREAS FEDEX 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 FED EX's aircraft, subject to reasonable rules and regulations of COUNTY as to the use of
such common spaces and facilities.
9. RIGHT OF INGRESS AND EGRES~ FEDEX, 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
10. UTILITIES FEDEX shall be responsible for the payment of electrical service,
water service, and any similar utility services as needed. In addition to rent and other
charges, FEDEX shall pay a trash collection fee of $1,848.60 per annum, paid monthly with
the rent.
11. 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 FEDEX shall be responsible for and shalf
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. FEDEX is responsible for and shall properly maintain
the security fences and gates surrounding the leased premises and is also responsible for
properly securing any portion of the premises being remodeled or under construction.
13. INDEMNIFICATION IHOLD HARMLES~ __ .
a) FEDEX 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
3
damages resulting from the negligence of FED EX, its agents, or employees in the use or
occupancy of the leased premises and the common areas of the Airport facilities by FED EX.
However, FEDEX shall not be liable for any claims, actions or expenses which arise from the
negligent or intentional acts or omissions of the County, its agents or employees. The extent
of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
b) General Insurance Reauirements Prior to FEDEX taking Possession of
the property owned by the COUNTY, FEDEX shall obtain, at its own expense, insurance as
specified in the attached schedules, which are made a part of this lease agreement. FEDEX
will not be perm itted to occupy or use the lease property until satisfactory evidence of the
required insurance has been furnished to the COUNTY as specified below.
FEDEX shall maintain the required insurance, throughout the entire term of this lease
agreement, and any extensions, as specified in the schedules attached 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 COUNTY. FEDEX shall provide to the COUNTY as
satisfactory evidence of the required insurance,. eitHer a ~ificate .of Insurance or a certified
copy of the actual insurance policy. All insurance policies must specify that they are not
subject to cancellation, non-renewal, material change, or reduction in coverage unl~s a
minimum of thirty (30) days prior notification is given to the COUNTY by the insurer. .'
The acceptance and/or approval of FED EX's insurance shall not be construed' as
relieving FEDEX from any liability or obligation assumed under this contract or imposed by
law.' The Monroe County Board of County Commissioners will be induded as "Additional
Insured" on all policies. FEDEX 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 ~onroe County Risk Management. .
14. DEFAULT Unless the COUNTY has accepted a rental installment after it has
become due together with any applicable late payments and penalties, the failure to pay
rental installments 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 lease shall constitute a default.
Further, the failure of FEDEX 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 FEDEX 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 right under this paragraph, or to collect any of its rentals, fees, or charges due, COUNTY
shall be entitled to reasonable attorney's fees.
15. CANCELLAnON OF LEASE COUNTY may cancel this lease agreement by
giving FEDEX sixty (60) days advanced written notice upon the happening of anyone of the
following events: the appointment of a receiver of FEDEX's assets; the divesting of FEDEX's
leasehold estate by other operation of law; the abandonment by FEDEX 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, FEDEX shall have vacated the premises and the COUNTY may
immediately re-enter and take POS~~sion of the sam~. If.itisnecessaryJcL.employ.the..__~_~
4
services of an attorney in order to enforce the COUNTY's rights under this paragraph, the
COUNTY shall be entitled to reasonable attorney's fees.
16. FAA REOUIREMENTS The parties shall comply with FAA Required Lease
Clauses, which are listed in Exhibit C, attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this
day of , 2000.
(SEAL)
ATTEST: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
, aU-a ~{j
Witness
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Witness
FEDERAL EXPRESS CORPORATION
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EXHIBIT 'B'
INSURANCE REQUIREMENTS
1996 Edition
or
~ ~\ .atilE SQ!e. gplien, Bas tlte rillht to '<..;.....1 a "",lifiod <;uP] uf <wy u, ..li k.~<w""
policicE rC'lWr8Q by this 'eeffifeet;-
All iusur.mce policies must specliY that they are not subject to cancellation, non-renewal, .
material change, or reduction in coverage unless a mininrum of thirty (30) days prior notification
is given to the County by the insurer.
. F.edEx ' s
The acceptance and/or approval of the V OIItier's-insurance shaI1 not be construed as relieving @Ie
FedEx VeBEier from any IiabiJity or obligation asswned under this conlract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requ;re",ents must be requested in writing on the
County pn;pared form entitled '.'Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management
· A Certified copy of the actual insurance policy.
----..,
Administration Instruction
#4709.2
24
l\fONROE COL~TY, FLORIDA
RISK 1\fANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANuAL
Introduction
to
Airport! Aircraft Activities
Section
This section of the manual will apply to those activities which are associated with, or conducted
at the County's AUpons, or involve Aircraft Activities~. The types and amounts of insurance will.
be detennined based on the type of activit)' and its projectect'c'dst. The fact that the funds used to
pay for the activity were obtained from Federal, State, or other grants is not material.
;g>~1~:::~ :ii~~o~:~~;,o~:;t~:'~:n~ ~:~::':n~n be iO\~~ bv th~ seetinn
A ~ecial matrix of acthities has been developed and incorporated v.ithin this section to assist in
the establishment of the proper insurance coveraS!es and limits.
-
As a general rule, all contracts \\ill include:
· Indemnification and Hold Harmless Provisions
· General Insurance Requirements
· Vlorkers' Compensation Provisions
· General Liability Provisions
... Vehicle Liability Provisions
and
· Airport or Aircraft Liability Provisions
Questions should be directed to Risk ~1anagement at (305) 292-4542.
:3
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
~ BETWEEN
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION (IIFedEx")
. i
" .
FedEx
Recognizing that the .v ...~e.'.is engaged in pro\iding co~~a1 air transportation ~~\'ery
service to and from mr faclhues owned, operated, or mamtamed by the County, the- shall
purchase and maintain, throughout the life of the cOntract, Akctaft and ~ort 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
. ~d~
The covered operations section of the policy must specifica11y state that the Vendo! is engaged in
qusiness of a commercial airline.
The Monroe County Board of County Commissioners must be named as Additional Insured.
The minimum limits of liability shall be $1 million per occurrence, for both types of coverages.
Am.I
36
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
.
'w
'.dEx~) /
Prior to the commencement of work governed by this contract, the-Ceatnatsr shall obtain
General Liabili~. Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a rmnImum:
. . . .
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
BETWEEN
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION (IFedEx")
:
The minimum limits acceptable shan be:
::
.-.,,:..-
$1,000:000 Combined Single Limit (CSL).
-
If split Jimits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An OccUITence Form policy is preferred. If coverage is provided on a Claims Made policy~ its
provisions should include coverage for claims filed on or after the eIrectiye date of this contract
In addition, the peri.od for which claims may be reported should extend for a minimum of twelve
(12) months followmg the acceptance ofwotk 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
. .
-- .
Administration Instruction
114709,2
S6
1996 Edition
VEIDCLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
i "::pJ.'~
~: '".~\
.
" .
" ~edEx
Recognizing that the work governed by this contract requires the use ofve c1es, the. CO%.1t~tOL,
prior to the commencement of work, shall obtain Vemcle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
FEDERAL EXPRESS CORPORA Tl ON ("FedEx")
· Owned, Non-Owned, and Hired V emcles". __._
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If. split limits are provided, the minimum limits acceptable shall be:
$ 5.00,000 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 Instruction ,
#4709.2
83
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQl1m.E.MENTS
FOR
CC>NTRA-cr
BETWEEN
MONROE COUNTY, FLORIDA
AND
" FEDERAL EXPRESS CORPORATION ("FedEx") ." ':"~;". ~
~~.
.. Z.dEx 1j?;:
Prior to the commencement of work governed by this contract, ~r shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
~nrtes, "
ledEx
In addition, the CeMme~6r shall obtain EmployerS' Liabili~ce 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 trarisact business in the
state of Florida. r
fedEx
Iflke Ce_r has been approved by the. Florida's,9.lll2artment of Labar, ~rized self-
insurer, the County shall recognize and honor the CeAImetar's status. The x may be
required to submit, a,Letter o.f Authoriza~~.n.issued by the Departm~nt of Labor and a Certificate
of Insurance, prOVIding details on the ComtactU! I., Excess Insurance Program.
~edEx
If the CoBtiastQr ~cipates in a self-insurance fund, a Certificate of Insurance will be required.
In addition; the Ceh<trietar may be required to submit updated financial statements from the fund
upon request from the County. "
,-.-
WC3
. ~
._~ .
Administration Instruction
#4709.2
90
EXHIBIT 'C'
FAA LEASE CLAUSES
~J:\.I::I Y 1;...,
..
,
DEe 23 1993
AIRPORTS/OMB
ru. aZQUDBD LD8B CLaus.
1. '!'his lease shall ))e subjeci: U>> review and re-evalua'ticm
at the end ot each....... Yur period, by the airport:
nwnRr and the rent may be adjua'tad accordinq to their
aC't:ion, not: t.a axe.ad the Consumer Price Index rate
c!wd.nq the last ~ IItJnt:h periad,. or;
Land le.. iapZ'Ov_nta will be lIppt-a isad every 5 Y8aZ'8
and t:Iua adjuc1:ecl rerrtal vill be baaed an ftGl:1Ially 10-12
parcan't: of appZ'aiaad valu.. U c:U.aputad, l..~
oJ:>>1:Aina aPPZ'uaal at: hie expena. and 1".0Z'/1..._
equally ahAra expen~. to,," review appZ'aiaal that:
..~bli.h.. fai~ aark.t: value.
2 · Th. tenant tar himselt, hia peu:aonal Z'.P%'~.en1:at:i VII.,
aU~BHsor8 in intereat, and a..igna, aa a part of bba
considarat.1on hereot, <<10.. hereby covena.nt and .9%"..
that (1) no parson on tb. yruwKla or xace, 00101:' , ..
national or1g1n shall l:)e IIXclud.d trua }Mxtic.ipai:lon
in, cler1ied the !)aner1b ot, or be othel:WJ... aUbje=ed
to discrimination In 1:118 uae ot ..1d taailltJ..., (a)
that in the construction O~ any 1aprav..n~. on, OVa:'
or unc1er sucb land and the rurn1Bh1nq ot servic..
thereon, no parson on the grouncla of race, color, or
national arigih ahall be excluded tram participation
in, denied the benetits Of, or be otherwi.e subjected
to discrimination, (3) that the tenant ahall \&118 t:b.
premises in compliance wi tb all other requJr8llenu
impOSed by or pursuant to Title 41, COde of Pederal
Regulations, Department ot Transportation, SUbtitle A,
africe of the secretary, Part 21, Nondiscrimination 111
Federally-assisted pro;r~ o~ the Department of
Tra"Rpn~A~ion-Ettactuation ot Title VI ot the civil
lU.qh1:s Act' ot 19fj4, And a. .aid RaplatieD. may be
amended.
That: 1n 1:he event: or ...acb of .ny o~ t:h. abovo
nondillC%"imina1:1on oovenant:a, Airport: OVn.r .all hav.
~. r19h~ to tcnlina1:. 1:1\. 1.... and ~o r....n'teZ' and _
it .aiel lease had never boars _do OE' lacuocl. The
provision .hAll not be etfec1:iv. until ~Q proaed~..
of Title 49, Code of FederAl Aewulations, ~~ 31&2:'.
tulluWl:lu cunl Completed inClUding exel:'Ci.. 01:' expiZ'la'tlcm'
at .Pp..l r!ghlM.
J. ~t Shall be' a cond1tion or thl. 1.a..., UlaL Lb. l_.or
re.erv.. unto it8elr, ita SUCCSSBors anc1 as.J.g_, tar
the use ana banetit or the pUblic, a r1gn~ Dr r1i9b~
for th~ passaqe of a1rcratt 1n the airspace above tIuI
surface of the real property bere.i.narter descru.~1:
toyetller with the r19ht to cause in saitt airspace SUCh
no se as may be inherent in the operation of aircrar1:,
5.
4.
" . now la10wn or heraattar USed, for nav1qat1on at or
fliqht 1n 1:be said airspace, and for WI. at .a1d
airspace tor lanc1inq an, takinq off trom or operaC1nCJ
on the a1.3:'port.
That the Tenant expressly agrees for itself, its
successors and assians, to restrict the hai;ht ot
structures, ob:t ects ot natural growth and other
obS1:ructions on the hereinaftar d..cribed real property
t:o Auch a haiqht: ao aa t:a cCIlJ:Ily wit:h P8deral Aviation
bt;Julaticms, Part: 77.
~t the ta.... expr..aly -vr... ~O~ ita.lf, ita
DUaaQaao~a ancl a.aLp., to praV8fti: any WI. o~ t:h.
harainati:ar deaCZ'ibcad real PZ'op~y which wauld
inter~are vit:h a~ Advanaly caffoct -tho Dparai:icm QI"
..intl!UUl.nce a~ t:he Qi~aZ1:, '01" ot:Iicz:w1.~_aonotit:ut:o an
airport haz:arcl. . _. _
This lease and all provisions hereot are aUbjaC't and ,.
&I&!hunUnata t.u t.b. Ler_ and c:oncU. tiozw ot _ the
instrwuarrta and c!oCWIent. und=- wh.1.t:h Uw AU-part 0Wn.-
acquired the Subject FOParty tram tb. Unlt.ad StAte. ot'
A1Ile%'ica &ftd Gall be given only IlUch ettact as w.t.ll DOt
aanrl1ct or be inconsistent w1th the te~ and
conditions c::ontainecl in the lease or said lands traa
the A1%port Owner, anel any existlnCJ or 81m8equant
amendments thereto, anel are a~j act to any ordinance.,
rule8 ot' 1"equlat1ons which have been, or uy hereaf~8Z'
be ac1optac1 by the Airport OWner pertaininCJ to the
K ~y W48 r AIrport.
Natwithstanelinq anvthinq herein contained that ..y be,
or appear to be, -to the contrary, it i. expr..sly
lInclerstocxi and 8QZ'eed !:bat the riQ'hts \IZ'IIDted uncIer._
this ac;reement are nonexclua:Lve -and the Les.or hara.ul
ruarvaa 1:11. r1gh't t:a ;rant similar priv118;.. 1:0
anoth.r Les8~e or other tAARAAR on n~hAr parts ot the
airport..
RECEIVED
DEe 23 1993
AIRPORTS/OMS