Item C08
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 9/18/02 DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of a lease agreement with Federal Express for facilities at the Key West
International Airport.
ITEM BACKGROUND: Current lease with Federal Express expires 9/30/02. This lease is for 24 months, October 1, 2002
through September 30, 2004.
PREVIOUS RELEVANT BOCC ACTION. Approval of current lease agreement, 10/18/00.
CONTRACT/AGREEMENT CHANGES: Term 10/1/02 - 9/30/04. Increases rent to $39,815.40 per year for the building,
$5,142.48 for parkinglloading area, and $5.658.84 for the aircraft apron.
STAFF RECOMMENDATION: Approval
TOTAL COST: None BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: Yes AMOUNT PER YEAR: $50,616.72
APPROVED BY: County Attorney X OMB/Pu~chasing X Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL 9?rH
Peter J. Horton
DOCUMENTATION: Included X To Follow Not Required
AGENDA ITEM # c..o
DISPOSITION:
/bev
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Express Effective Date: 10/1/02
Expiration Date: 9/30/04
Contract Purpose/Description: Lease for building, apron, and parking/loading area at the Key West
International Airport
Contract Manager: Bevette Moore # 5195 Airports - Stop # 5
(name) (Ext. ) (Department/Courier Stop)
for BOCC meeting on: 9/18/02 Agenda Deadline: 9/4/02
CONTRACT COSTS
Total Dollar Value of Contract: Revenue Producing Current Year Portion:
Budgeted? N/A Account Codes:
Grant: N/A
County Match: N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: N/A For: .
(not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer Date Out
Yes No
Airport Manager ~ J3Jo-z... ( ) (~ ~ . ~/~/ 01..
..~.-' c( / (I).. :'\ ~/V~
Risk Management ( ) C~r 1..,
O.M.B./Purchasing )7;' / /2-J CZ- ( ) (-] <K.Jluu
County Attorney ~_/- ( ) ( ) ':L; ~ () 'J-
Comments:
~
C(o -O(~.l
I -
LEASE AGREEMENT
KEY WEST INTERNAnONAL AIRPORT
Federal Express .
THIS CONTRACT OF LEASE is made and entered into on the day of
, 2002, 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, and the COUNTY 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 CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease
unto 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 approximately 8,842
square feet as indicated on the. ~rawing 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, 2002, and ending on September 30, 2004.
4. RENTALS AND FEE!i .During the term of this lease, FEDEX shall pay to the
COUNTY, rent as follows:
a) the amount of Thirty-nine Thousand, Eight Hundred Fifteen and 40/100
Dollars ($39,815.40) 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 Five Thousand 'One Hundred Forty-two and 48/100 Dollars_
($5,142.48) 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 vehicles.
, .
c) the amount of Five Thousand Six Hundred Fifty-eight and 84/100 Dollars
($5,658.84) per annum, plus applicable sales tax, for an area of eight thousa,nd eight
hundred forty-two (8,842) square feet of aircraft apron adjacent to the Air Cargo building. I
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 COUNTY, 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 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 14
of this lease.
s. SECURITY DEPOSIT 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 FEES landing fees shall be assessed at a rate to be established by
the County's 2001 or a'n approved, updated Rates and Charges Study, subject to an
adjustment on January 1, 2003 and January 1, 2004, in accordance with the percentage
change in the CPI-U for the most recent 12 months available.
The landing fees shall be computed, u'sing the $1.11 rate as an example only, as follows:
- $1.11 per 1,000 pounds of approved maximum gross landing weight, with no
minimum fee.
,
FEDEX shall report to the county commissioners, not later than the 10th day of each
month, FEDEX'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.
2
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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 Admi~istration
for landing such aircraft at the AIRPORT herein. FEDEX provides service to Key 'West, Florida I
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 sh~II be
terminated in accordance with paragraph 14.
7. LEASEHOLD IMPROVEMENTS AND USE FEDEX shall 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 the 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 FEDEX'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 shall not park 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.
S. 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 FEDEX'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 EGRESS FED EX, 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. UTI LInES 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 $1,934.52 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 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. 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/HOLD HARMLESS
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
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 FEDEX.
However, FEDEX shall not be liable for any claims, actions or expenses which arise from the
3
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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. . , I
b) General Insurance Reauiremen~ 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 permitted 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 Certificate 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 unless 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 included 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 Monroe 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 an~ 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. CANCELLATION OF LEAS!; 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 possession of .the' same. If it is necessary to employ the_
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.
4
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16. FAA REOUIREMENTS The parties shall comply with FAA Required Lease
Clauses, which are Iist~d in Exhibit C, attached hereto and made a part hereof.
I
IN WITNESS WHEREOF, the parties have caused this lease to be executed this
day of , 2002.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
ATTEST: DANNY L. KOLHAGE, CLERK MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairman
{(viu.- ~.~ FEDERAL EXPRESS CORPORATION
~~le~~:X'
Witness
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Witness
jdairFedEx02-04 .. ~ ' at
e/l. 0.2, And Airport Development
Approved
Legal Department
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EXHIBIT 'B'
INSURANCE REQUIREMENTS
.
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MONROE COr~TY, FLORIDA I
RISK'1\fANAGEMENT
- POLICY AND PROCEDURES
-
CONTRACT ADMINISTRATION
MAl\'UAL
Introduction
to
Airport/Aircraft Activities
Section
.
This section of the manual "ill apply to those acthities which are associated with, or conducted
at the COWlty'S Airports, or involve Aircraft Activities, The types and amoWlts of insurance "ill
be detennined based on the t)'pe of acti'it)' and its projected Cost. The fact that the funds used to
pay for the activity were obtained from Federal, State, or other grants is not material.
;;r~i~~:~J ~~~~;~Q~~~s;~~~~~~~~~,;'~~~~n~ ~~eQ~~~6:O~~1 ~e fQverueg bv the sectiQD
A special matrix of acth.ities has been developed and incorporated "ithin this section to assist in
the establishment of the proper insurance covera~es and limits.
As a general rule. all Contracts will include:
- .
. Indemnification and Hold Harmless Pro\'isions
. General Insurance Requirements
. \V orkers' Compensation Pro\'isions
. General Liabilirv Pro\'isions
. Vehic1e Liabilir)' Pro\'isions
and
. Airport or Aircraft Liability Pro\'isions
Questions should be directed to Risk Management at (305) 292-4542.
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:3
1996 Edition
I .
.
MONROE COUNTY, FLORIDA
RISK MANAGEMENT I
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
\
General Insurance Requirements
for
Airport! Aircraft Activities ~
Prior to the commencemen of work governed by this contract (including the pre-staging of
personnel and material), -the' ':'cn<lo1 shall obtain, at !llslher own expense, insurance as specifie~_~L~
in the attached schedules, which are made part of this contract. :rtre-V-ern:ifrr wIll ensure that the FEDEX
insurance obtained will extend protection to all Contractors engaged by tfte.-Vefl66f;-FEDEX.
'Fhe.1/ ellOOl will not be permitted to commence work governed by this contract (including pre-
staging of personnel and materi~1) until satisfactory evidence of the required insurance has been
furnished to the County as specIfied below.
1=fte.~ shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted bv ~or and its Contractors
until the required insurance has been reinstated or replaced. - FEDEX ~
"Ffl<>~ shall provide, to the County, as satisfactory evidence of the required insurance, ufi:;
~~ ~
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they";" not subject to cancellation, non-renewal, ~
material chang~, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer. < .
. JFED~ ~
The acceptance and/or approval 0 . - ' insurance shall not be construed as relieving tiie= FEDEX
..3fendo~from any liability or obligation-assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additio~ Insured" on all policies, except for Workers' Compensation.
Any cle,'iations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and .
approved by Monroe County Risk Management. ' -
Administration Instruction
#4709.2 24
I .
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS I
- FOR
-
CONTRACT ,
\ ,
BETIVEEN
MONROE COUNTY, FLORIDA
AND
,\\\ T Ltf( ,
~ .
[FEDE~ .
RecogniZing hat l!te-->, is engaged in pro\"iding commercial air transportation and deliv.
seIVice to and from air facilities owned, operated, or maintained hy the COlDlty, lhe-V shall
purchase and maintain, throughout the life of the contract, Aircraft and Allport Liability
Insurance which will respond to bodily injury and property damages resulting from any claim
arising out of the air transponation sen'ices governed by this contract. ('-\S:"
d . . fth r . fFEDL. d .
The cov= operauons sectIOn 0 e po IC)' must specifically state that the' - IS engage In j~~
business of a commercial airline.
The Monroe County Board of County Commissioners must be named as Additional Insured.
The minimum limits of liahi lity shall be S I million per occurrence, for both types of coverages.
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AIRt
36
1996 Edition
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GENERAL LIABILITY
INSURANCE REQUIREMENTS I
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
. W
'1 ,
.~
. r~~~ .
Prior to the commencement of work governed by thIS contract, 1: shall obtam
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 Property Damage
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
An Occurrence 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 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.
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GL3
Administration Instruction
#4709.2 56
1996 Edition .
1 .
VEIDCLE LIABILITY
INSURANCE REQUIREMENTS i
FOR
CONTRACT
BElWEEN
MONROE COUNTY, FLORIDA
AND
~\T 14(
FEDEX ~
Recognizing that the work governed by this contract requires the use of vehicles, 4 ,
prior to 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:
. Owned, 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
$ I ,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.
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VL3
Administration Instruction
#4709.2 83
1996 Edition
1
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS i
FOR
CONTRACT
BE'f.WEEN
MONROE COUNTY, FLORIDA
AND
[ FED~ ~~
Prior to the commencement of work governed by this contract,.-the-€ etor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
IFEDE~
[n addition, the-€- octo. 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. f~
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- -=-0- Coverage shall be proVIded by a company or companies authorized to transact business in the \. IJ
,.~.,-,~:\ state ofFlonda. ~
i \ IFEDE~ FEDEX'S
-~- If Iht>-6 OP has been approved by the Flon a' Department of Labor, as an authorized self- I
... insurer, the County shall recognize and honor the-E:-t>ntmet01"t~ status. "Fhe-C-ot1traeror may be 1 FEDEX
required to submit. a Letter of Authorization issued by the Department of Labor ~cfa -C~ficate .~.
.::~~'\ ofInsurance, provldmg detaIls O~~t""" Excess Insurance Program. i_ '_.-: t..~., \
I \ )FED~ E ~ I
-~ [ .Iht!-. . 9~participates in a self-i~urance fun~, a Certificate ofInsurance _ - equired. ~
,J [n addlllOD, lh6- may be re to submIt updated finanCIal statements from the fund
~ upon request from the County. FEDEX ~ _
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WC3
Administration Instruction
#4709.2 90
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EXHIBIT 'c'
FAA LEASE CLAUSES
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.AlRPORTS/OMS I:Ia. IBgUDBD 7...... c:r..ura. . . I
"
1. TJU. 18ao lIhaJ.1 1M !'1b:Ieat: 1:0 hVi_ UllI 1'IILtWlllIW:1an
at: t:be and or each .1. Year lleriad. bv tbe ai:paz't:
- ........ and the 1'lIn1: -Y-be lld:llllltad ~ to tAU-
r
action, 1Iat: to 0Urca.d the ~ PJ;oillll %Ada 1'IIQ
dw:-.u., the laa1: J~ ~ JlllZ'iad, or; -
%.aIId 18.. ~~a w.i11 be "l'P'aiMd 8VIII:y s':rIIIIn
and 1:Iuo ad:llUlt:ecl ~ w.i11 be hued an -..uy 10-12
~~~~. U~,__
~ ~ at: Jaia -.p-. !IIId ~/1Nue
lIqaaUY aIuu:a -.p-. tor hView ~ !:bat:
. -~Uhaa ,.~ ---Jcei: ?Cl1ua.
2. Tha teIlant tar ~, Il1a ~ ~1:iVlla,
III&Cr:8aRJI 1n in1:ere:.t:, !IIId -ilJlla, .. e')IIift ~ ttua
ClOIISideratJ.on la=aa~, linea bezoaby =-_ IIIIlI agne .
~at e1) no P8raon lIII 1:be ,~ or ~allll, CD1=-, =- .'
1I&:101l1U or1q1n 8IIaU 1M -=1&aad t&ull JIU1:1cJ.pIIi:i=
!D, dBll111d tIua -ar11:8 or, CIr' ba 01:buw.u.. 1I1Ib:Iect:ad
to cUacr~ 1n tI1a 1I8lI or ":14 tlIa1Utl_, ell)
that: 1n t:be ~lIII or any .0Veama on, _
or under SUch lancIlI!Id the rurn1B111ng- at Hnrlcu
t:haraon, no ~ lIII tba 9l'ouncIa 01' hea, l:Dlor, or
lIational. orig1n llhaU be lIlCl:1Uded tJ:'Qa PArt1cipa1:1ll11
in, clenilld tIIa henat11:a or, or.be otherw1a lI1I.lIj8=ad
to discriminaf:.1l111, e31 1:bBt tba 1:ronaut lIba11 ... t:be
JmIIDises ill COlIpl1anca with aU crt:!le ~
1mpaslld bv or ~ to '!1t:J.8 41l, Cade at hden1
R8QU1af:.1ona; ~t or ~t:illll, SWIl:.tt:la A,
O%:1ce 01' t:ha S~tazy, Paz1: 21, 1I01lCl1Sl:rimf nat:1l111 ill
. . Ped8ra.11Y-ass1S1:ec1 1lralA'ama, or the Departllent at
. '1'ra1lApn~1:ian-Ettlll:tuat:1Cl11 or Tlf:1a VI at tba Civil
111911'1:& ~ ot 1964. IInd aa aaid ~ IIIIF be
ulImded. .
.
Tha1: 1n tblo. ~ ot -".t:b ot any or ~ ax.""
nOJld1=r.Loi lIa1:1an OOVenanta, ~on: 0vn8r IIbaU IIave .
t:h. :ri9h1: 1:0 i:ozaiDa1:a t:ba leu. and 1:0 _____ and .. .
U ..Ld 1000.. hQd ~ Iaaan "'do II&" iaauad. I'boI
FaY1dan IduaU non. -lie ettlla1:ive untU tba ~
or Title 4', Code ot PedllZ'lal ltetJalat:.irma, 1'Qft 31 ..
raUUWtod ..al ~llll:ed !zac1UdLmJ ~ or 1IlIp1zon1:ion
at -ppaal ~J.gut.a.
.
3. - 11: llIIlIll Illt' a CGmu1:1on ar tIz1a lIoaao., LllaL LIla "- -
. rnerv.. liii1:o itBe1r, 11:8 IIUcr:assars ad lI8IIi9llll, tar- .
t:be \IIQI ana llltnu1t ar t:ba PWU1c, . r1gm ar aJ.vbt; -
tor t2Ia JlllBall98 ar &1rcr&n ira, t2Ia 1I1.nPaca __ tIIa
~OII at tbtI 1'IIal ~ ~fter ~...
~ wtt:b tba ~t ~ 0&1I8e ira aaJ.a ~ '1iaaD
no .. -Y be ~ ill t:be GpIl&'ll't1Clll at ~,
.
1
, .
. . JIIIlIr laIovn ar ~.., tar 1laV1gat:1aa ~ ar . i
. n1gIIt: in tba -14 ~, 8IIIl. tar 11M ~ IIlWI
~ tar ~ an, taJC1Df O%t fzClII OZ' lIpeZ'a1:1Dg
on 'tile _UpQZ1:. '. .
- '1'hat: t:be '1'enaat: ~1' lI9nea tar it:a.u, il:ll
r lIUI:I:eaars 8IIIl "'iciDa, to rut:rict: the hai;ht: of"
1Itnct:uraB, ClbjllCtll ~ IIlItural 'IZ'OWth and at:har . . .
~ an t:be barainatter dacribed real Il1"OIlll1't]'
tA AUah .. haigbt ao .. tA COIIply with !'8de:a1 Aviat:iaa
JIagulatiana, Put 77.
'1'JIat: tba I.MD_ ~y ~ tozo it:aelt, ita
--- AIVI -tgq, to ~ lIIIy .... at the
. ~t:er cluari1lacl ~ ~ VJliah WOUld
ia~ with ..., lId......1Y aft... tho ~ _
~ at tbe ~, ...., oCIicw.i.~ -Ui:v.t:a an
aUop=t ha2:lU:'Cl. . .... .
.
4. 'rh.ia leue and ..u Ilrovi:a.iana --t __ llUbject and ..
lIubwdiaata l.u u... Lear. Qd cazacu.t:1oua at. tile
. ~ and ~ ~ whJ.ub u... Ah-part Owmoz-
acqu.ind the "lI1ZbjllQt P;'ap'='ty %raa tba l7n.LLoId "Lata. at
AIIet'.ica IIld 8lIaU be f:1:'V8I\ OII1y 8UCII. lIUact u will ua1:
c:om:l.1a1: or .. 1ncons 8IIt: With 1:be tecas _
COIId1t:.iona 4:lDft1:a1n1lll in tile lease ot 8A1c:\ laJ\da trDIII
t:be ~ort llwnar, IIld any ez1at:1nq or 8Ub8aquam
8III8ndmeitts 1:bazoeta, Qd lIZ1I .lII3jllCt. t:a lIDy ard.inlUlC88,
rule. or r8lJIUat:.iCllU/ Vh1l:b haVll been, or..1' IIazaafteI:
be adapt:acl ~ t:be A!zoport OwnED: Po:rta1nimJ t:a the
j(~y W4er. art. . .
. s. Hal:wit:hata""inq anvthinq _ain c:ant:ained tIlat: "1' be,
. . or &JlP8&r to be, .to the ccnt:rary," it: ill UIlru.l1'
. 1IIIderatoad and lI9Z'l!ed !:bat 1:ba riqht:a \Jl'IlJ1ted 1IJIder in
t:hie AVraaent: lIZ1I lICInexcluaiVll8llll the Lea_ hen
t"IUIa2-vu th. r1gh1: to grant s1ailar privl18Gu t:a
anothe Less... or ather. r......._ an ftt'.hA1" parts at the
a~. , .
.
.
-
REcEIVED
DEe 23 1993 -
.
.. -
. AlRPORTS/OMB ,
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