08. 10/01/2000 to 09/30/2002 10/18/2000�y oouwTy�
CVJ� �JUN CU/Q`F GG9
• "
�ti •� d'
9aR �.... J•t.�
OaTITTp'L. jk0lbage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY BRANCH OFFICE
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET 88820 OVERSEAS HIGHWAY
TEL" (305) KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
FAX (M5) = M O RAND UM 2-3550 TEL (305) 852-7145
FAX (305) 295-3660 2-7146
DATE: October 27, 2000
TO: Peter Horton, Director
Monroe County Airports
ATTN: Bevette Moore
Airport Business Administrator
FROM: Pamela G. Hancock
Deputy Clerk
At the October 18, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Lease Agreement between Monroe County and Federal Express for a buildin /atthe Key West International Airport. g and apron
Purchase/Service Order No. 99/00-14 between Monroe County and URS Corp., for
liquidated damages to be paid from the Contractor's retainage, for the Key West International
Airport Air Rescue Firefighting Building.
Purchase/Service Order No. 00/01-2 between Monroe County and URS Corp. for Phase 2
of Rates & Charges for the Key West International Airport.
Purchase/Service Order No. 00/01-1 between Monroe County and URS Corp. for general
consulting services for the Key West and Florida Keys Marathon Airport.
Change Order No. 3 between Monroe County and Rovel Construction for the Air Rescue
Firefighters Building at the Key West International Airport.
Enclosed please find a duplicate original of the Agreement and copies of the
Purchase/Service/Change Orders for your handling. Should you have any questions please feel
free to contact our office.
Cc: County Administrator w/o document Finance
Risk Management w/o document File✓
County Attorney
90 -0 16). --c:o?
LEASE AGREEMENT
KEY WEST INTERNAnONAL AIRPORT
vA
THIS ,CONTRACT OF LEASE is made and entered into on the Ir day of
&criJ BIi-/:::"" , 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, and-- the EGUNTY is_~iIIing 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 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:fll equj,Q,ment,
improvements, and services which have been or may hereafter be pr~d~ acor:'U1
connection with the Airport for common use, in the operation of a b~~~s Rr the
transportation of cargo and other property by air. "";::J'~-< ~ CJ
("") . r- N ."
an: ...... 0
3. TERM The term of this lease shall be twenty-four (24) monttji~m~nc:iHg
October 1, 2000, and ending on September 30, 2002. ;;!nr.:;: :z Fg
:,.,: ':> N ("')
4. RENTALS AND FEES During the term of this lease, FEDEX $i1al~ajto ifie
COUNTY, rent as follows: . c
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 vehicles.
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 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.
5. 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 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, 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
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 shall 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.
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 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 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 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
3
damages resulting from the negligence of FEDEX, 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
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 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, eith"er a certificate 9f 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 f'.:1onroe 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. CANCELLATION 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 possession of the same. If it is necessary to 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
ay of OC/7tJ 15?c-f?- , 2000.
~~
NY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
c:SL,:k. ~e._a_
By ~
-_:, Mayor/Chairman
aiJ.iI.'~)
Witness
,~/4~
Witness
FEDERAL EXPRESS CORPORATION
Jdairportfedex2
~i;~'
~ AildAilportDevelopmont
Approved
~'I ~~r%I,,_
5
C.M~/ ac I I ~ I ~
ATR 42
BE1/CARA VAN
~
0
co
ATR 42
SF3/SH5 BE1 /CARAVAN
EM2/BE1
5- YELLOW 0
STRIPE (TYP.) co
54' 54' 54' 50' 17.5'
-
ll)
01
BE1 /CARAVAN
ATR 42
SF3/SH5
EM2/BE1 .
FlS
-
~
It)
: :: ..t.,::.
] 0 ~r---------=- cfcq 0 J:'"c>cl...n.IlL c>CPMS
G "
" U
" u
lb===============d/ ~
L_~______ j .~ A/l..I<"N ~
---- "', r-,
" ! I
"",,' ''"' I
'~, L..,.J
,...... " .:
" '-II
" j}
.....;:."-'"
l~
- ,
o
=
r '---:-'
EXHIBIT 'B'
INSURANCE REQUIREMENTS
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
o -P6IJIeYitND-PROCEDUKES
CONTRACT ADMINISTRATION
MANuAL
~
(f't\A1... . General Insurance Requirements
'\ fur
:-) Airport! Aircraft Activities
Prior to the commencement o{ work governed by this contract (including the pre-staging of
personnel and material), tl!i1Jss.r shall obtain, at hisIher own , insurance as specified
in the attached schedules, which are made part of this contract. The f BOl will ensure that the
insurance obtained will extend protection to all Contractors engaged by the VaWlOr.
y-edEx. . 0'. .
The V saQ9r will not be pennitted to commence work govemecfby this contract (including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
Th/V::~er shall maintain the required insurance throughout the enfue tenn ofthis contract"lWd .
any extensions specified in any attached schedules. Failure to CO=~l;, ~ provision may
result in the immediate suspension of all activities conducted by e x d its Contractors
until the required insurance has been reinstated or replaced.
F.edEx
The V.......r shall provide, to the County, as satisfactory evidence of the required insurance,
either: ,
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
~iC?:::~~~~:b;,gfht~~:::ia:S t:lie right to request a "eLtited "Up)' uf au)' Ul ail ~;)wA11Ce
All insurmlce poli~ies 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.
. F.edEx ' 5
The acceptance and/or approval of the \reHear's insurance shall not be construed as relieving-tfie.
FedEx Vefta0r 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 "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
Countypr~pared fonn entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.2
24
l\10NROE COl7~TY, FLORIDA
RISK !\IANAGEMENT
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 Airports. or involve Aircraft Activities~ The types and amounts of insurance will.
be determined based on the type of activity and its projectectct)st. The fact that the funds used to
pay for the activity were obtained from Federal, State, or other grants is not material.
The ~nsurance pro~risions for con~ruction ~~~~~~~ ~ ~hue ~~:a~~ v.~n be ioverned bv the section
of thIS manual entItled ConstructIon ConL_____ n __ 12___ or., .
A special matrix of acthities has been developed and incorporated within this section to assist in
the establishment of the proper insurance coverages and limits.
As a general rule, all contracts will include:
· Indemnification and Hold Hannless Provisions
· General Insurance Requirements
· \\Torkers' Compensation Provisions
· General Liability Provisions
· . . Vehicle Liability Provisions
and
· Airport or Aircraft Liability Provisions
Questions should be directed to Risk Management at (305) 292-4542.
:3
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
~/ BETWEEN '..-.
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION ("FedEx")
F'edEx
Recognizing that Ill. V""..r is engaged in prO\iding commercial air transportation ~~~very
service to and from air facilities owned, operated, or maintained by the County, the- shall
purchase and maintain, throughout the life of the contract, Aircraft and AJn>ort Liability .
Insurance which will respond to bodily injury and property damages resulriilg from any claim
arising out of the air transportation services governed by this contract
. yedEx
The covered operations section of the policy must specifically state that the VendoI is engaged in:
business 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.
AmI
36
1996 Edition
GENERAL LIABILITY
INSURANCE REQillREMENTS
FOR
CONTRACT
.
BETWEEN
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION ("FedEx")
F.edEx .
Prior to the commencement of work governed by this contract, -theColHraGtGr shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include\ as a minimum:
.~
. Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
. Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall 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 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 effectiye 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 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.
:.i-\-
GL3
. .
--
Administration Instruction
#4709.2
S6
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
eONTAACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION (IFedEx")
~./.' \ fJ..j-, rr1tfl-
/.. "'~\7
. :-;,../)
i
./
-,'
~edEx
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
statutes.
~edEx
In addition, the ontraetor shall obtain EmployerS' LHibility--Irisurance 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.
f.edEx
If the COBtr~tgr has been approved by the.Florida's~Ja2artment of Labor, asMduthorized self.
insurer, the County shall recognize and honor the CefttiUetar's status. nre-cOO:fiistoc may be
required to submit a Letter of AuthorizaVOTh issued by the Departm~nt of Labor and a Certificate
of Insurance, providing details on the Codtt.fctor' ~ Excess Insurance Program.
fedEx
If the comrili~oC~k::tes in a self-insurance fund, a Certificate of Insurance will be required.
In addition~ e x r may be required to submit updated financial statements from the fund
upon request from the County.
. ~. .
WC3
. :.:
.-
Administration Instruction
#4709.2
90
1996 Edition
VEmCLE LIABILITY
INSURANCE REQumEMENTS
FOR
----C<TNTRACT
~,(>~~lAff--
~'
I
,
. 'ledEx
Recognizing that the work governed by this contract requires the use ofve des, the Con'tractor,
prior to the commencement of work, shall obtain Vehide Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
BETWEEN
MONROE COUNTY, FLORIDA
AND
FEDERAL EXPRESS CORPORATION ("FedEx")
· 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:
$ 5001000 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
EXHIBIT 'C'
FAA LEASE CLAUSES
RECEIVED
DEe 23 1993
AIRPORTS/OMB
nA. RIQUIUD LJWlZ cuv..
1. This lease shall ba subject to review and re-evaluation
at the end ot each .1. y.ar period, by the airport
nwnAr and the rent mayb. adjust.d accordinq to their
aetion, not too exceed the Consum.r Price Index rate
durinq ~h. last ~ .on~h period, or;
Land. 1... iaprove..nta will be IIppraised every ! year.
and the adju.~.d rental vill be baaed on normally 10-12
parcant of apprai.ed valu.. If diaputed, leasor
ob~ina appraisal at his expense and l...or/l.....
equally ahare expen.. for revi.w apprai..l that
..tablish.. fair aarket v61uo.
2. The tenant tar himself, hi. personal representative8,
aUC~BHsors in interest, and assigns, as 0 part ot the
consi~eratlon hereo', ~Qe. hereby Coven4n~ And a9~..
that (1.) no person on the '1ruwula or rAce, color, or
national origin shall be excluded trum pdrtlcipe~ion
ln, denied the bener1ts or, or be otherwlae subjected
to discriminat10n in the us. ot ..id tacilitl.., (2)
that in the construction o~ any improvem8n~s on, over
or under such land and the rurn1shlnq ot service.
thereon, no person on the qrounda of race, color, or
national origin ahall be excluded trom participation
in, denied the benefits Of, or b. otherwise SUbjected
to discrimination, (3) that the tenant shall U.. th&
premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, SUbtitle A,
Oftice of the Secretary, Part 21, Nondiscrimination in
Federally-assisted programs ot the Department of
Tr~"Rpnrt~~ion-Etfectuation ot Title VI at the civil
Ri9h~. Ae~ ot 1964, IInd aa .aid Regulations may be
amended.
That in ~he eve"t at breach of .ny of ~h. abovQ
nondi~crimination covenanta, Airport Owner .hall have
the right to terminate the 1.... and ~o re-enter and as
it said lease had never been ~de or iccuod. Th.
provision .h~ll no~ be .ffec~iv. until tho proo.du~..
ot Title 49, Code of F.d.r~l Regulations, ~art 21 aro
'ulluwwu eun1 completed includinq exet:'ci.. OJ:' expirA~iQn
ot appeal rlght.ii.
J. ~t Shall bea condition or this lea~~, UlaL Lb. lo.sor
re.erves unto itsaIr, ita successors and assi9n~, tor
the use ana C.netit or the pUblic, a r1ght or !li9ht
for the passage of alrcratt 1n the airspace above the
surface of the real property hereinatter described,
toqether with the rlqht to cause in saitt a1rspacesucn
noise as may be inherent in the operation ot aircraft,
now known or hereatter used, for navigation ot or
fliqht 1n the said airspace, and for use ot said
airspace for landinq on, taking off from or operating
on the airport.
That the Tenant expressly agrees for itself, its
successors and assigns, to restrict the height ot
structures, objects of natural 9rowth and other
obstructions on the hereinafter described real property
to Auoh a hQiqht AO a. to comply with Federal Aviation
Regulations, Part 77.
That th. ta.... .~...ly agr... tor itaelf, its
DuaoaaDorc and aD.i9ft., to pr.v.n~ any ua. of the
her.inAfter de.aribod real propo~ywhiah would
in~.r~.r. with or adver..ly afloat the operation o.r
maintenanoe o~ ~e airpor~, or ~crwi.~ oonotituto an
airport hAZArd. . . .
4. This leAse And all provision~ hereof are subject and
&lubgrll.1uate t.u Wits Lerma and conditions of tho
instrument. and document. under whlc.:b U1V Airport OWner
acquired the SUbject property from the Unl~ed SLate. or
America and Shall be given only such etfact as will oat
conflict or be inconsistent with the terms and
conditions contained in the lease or said lands tram
the Airport Owner, and any existing or subsequent
amendments thereto, and are subject to any ordinances,
rules or requlations which have been, or may hereafter
be adopted by the Airport OWner pertaining to the
Kq"y Woes r Airport.
5. Notwithstandinq anything harein contained that may be,
or appear to be, to the contrary, it i. expre.sly
understood and aqreed that the rights granted under
this a9reement are nonexclusive and the Lessor herein
raAarVa& ~h. right to qrant similar privileges to
another Less~e or other I,AAAAAR ~n n~hAr parts at the
airport.
RECEIVED
DEe 23 1993
AIRPORTS 10MB
, I