09. 10/01/2002 to 09/30/2004 09/18/2002CICf1(Of tlIC _
eirCURC0911
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305) 292-3550
FAX (305) 296-3663
e-mail: phancock®monroe-clerk.com
J
TO: Peter Horton, Manager
Monroe County Airports
ATTN: Bevette Moore
Airport Business Administrator
FROM: Pamela G. Han
pe
Deputy Cler
DATE: September 24, 2002
At the September 18, 2002, Board of County Commissioner's meeting the Board granted approval
and authorized execution of the following:
Supplemental Joint Participation Agreements between Monroe County and the Florida Department
of Transportation:
JPA #3 to Contract No. AK043 for Monroe County Planning Studies.
Airport. JPA #4 to Contract No. AG177 for the Runway Drainage Project at the Key West Inte_mational
JPA #1 to Contract No. AL021 to provide funds for Security Equipment at the Key West
International Airport.
Enclosed are three duplicate originals of each of the above JPAs, executed on behalf of Monroe
County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Office
Originals" and the "Monroe County Finance Department's Originals" are returned to this office as
soon as possible.
Purchase / Service Orders between Monroe County and URS:
PSO No. 01/02-25 to provide services for the Taxiway Sign and West Apron Lighting projects at
the Key West International Airport.
PSO No. 01/02-28 to prepare an Environmental Analysis advancing information presented in the
Runway Safety Areas Study.
PSO No. 02/03-2 with URS for Florida Department of Transportation coordination for the Key
West and Marathon Airports.
PSO No. 02/02-01 with URS for General Consulting Services for the Key West and Marathon
Airports.
PSO No. 01/02-38 between Monroe County and URS Corporation to provide additional Resident
Engineering Fees for construction projects at the Florida Keys Marathon Airport, including
Taxilane/Connectors, FBO's and Sheriff's Aprons and T-Hangar Development, in the total amount of
$12,080.
Enclosed are copies of the above mentioned PSOs for your handling.
✓Lease Agreement between Monroe County and Federal Express for facilities at the Key West
International Airport.
Amendment to Lease Agreement between Monroe County and the Sheriff of Monroe County for a
hangar building and associated paved areas and infrastructure at Florida Keys Marathon Airport.
Enclosed is a duplicate original of the Lease Agreement and Amendment to Lease Agreement for
your handling. Should you have any questions please do not hesitate to contact this office.
Cc: County Administrator w/o documents
County Attorney
Finance
File ✓
10 -0 (C(,).
LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
Federal Express .' tJ. I
THIS CONTRACT OF LEASE is made and entered into on the I Y day of
5c:vf(4/V]}5~, 2002, by and between MONROE COUNTY, a political subdivision of the
State of Florida, hereinafter referred to as "COUNlY" and FEDERAL EXPRESS
CORPORATION, hereinafter referred to as "FEDEX."
WHEREAS, COUNlY 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 COUNlY 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, COUNlY does hereby grant and lease
unto FEDEX, and FEDEX does hereby lease from COUNlY, certain premises, facilities, rights,
and privileges in connection with and on the Airport, as follows, to wit:
1. PREMISES COUNlY does hereby lease to FEDEX, and FEDEX leases from the
COUNlY, 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 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, 2002, and ending on September 30, 2004.
4. RENTALS AND FEES puring the term of this lease, FEDEX shall pay to the
COUNlY, 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.
I
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 th,ou~and 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 COUNlY 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 COUNlY, 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 COUNlY, the sum deposited, to-wit: an amount of Twenty-
five Hundred Dollars ($2,500.00), which the COUNlY 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 COUNlY 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 an 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
,
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 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 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. 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 $1,934.52 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 conditi6n 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
I
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, 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 FEDEX'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 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_
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 listed in Exhibit C, attached hereto and made a part hereof.
,~.f IN WITN; WHEREOF, the
13~ dayof ~~
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parties have caused this lease to be executed this
, 2002.
BOARD OF COUNTY COMMISSIONERS OF
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EXHIBIT 'B'
INSURANCE REQUIREMENTS
MONROE COE~TY, FLORIDA
RISK!\1ANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MAAT{JAL
Introduction
to
Airport! Aircraft Activities
Section
Tbis 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 projected cost. 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~.jsions for con~tructjon projects ~ ~~e A~~~arts v.~ll be ~overned bv the section
ofthls manual entItled ConstructlOn Contract~rs an bc t ctor,
A special matrix of activities has been developed and incorporated v.ithin 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 Harn1less Pro\'isions
General Insurance Requirements
\Vorkers' Compensation Provisions
General Liabilitv Provisions
Vehicle Liabilit}, Provisions
and
Airport or Aircraft Liability Provisions
.
.
.
.
.
.
Questions should be directed to Risk Management at (305) 292-4542.
....
--'
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
The-\! endot: will not be permitted to commence work governed by 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,
. J: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 bY~9or and its Contractors
until the required insurance has been reinstated or replaced. . ~ ~
'Ffte...vend6r 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,
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 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. <
. IFEDEX'Sl ~
The acceptance and/or approval of tfte~ insurance shall not be construed as relieving Hiel~
-Vendor-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 "Addition~ Insured" on all policies, except for Workers' Compensation.
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
approved by Monroe County Risk Management.
Administration Instruction
#4709.2
24
AIRCR-\FT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
A!\T))
~T~ '
di '
. h I FEDEXl. d . 'd. .'al . . d d l'
Recogrnzmg at ~~z::endor IS engage m proYI mg commercl aIr transportatIOn an e Ive
service to and from air facilities o\VI1ed, operated, or maintained by the County, t!le-V shall
purchase and maintain, throughout the life of the contract, Aircraft and Airport 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.
l"FED'5l
The covered operations section of the policy must specifically state that~ is engaged in
business of a commercial airline.
w
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.
..,
AIRI
..::
36
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
.
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
. rFEb~ ro .
Prior to the commencement of work governed by thIS contract, ~ tadOI. 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.
GLJ
Administration Instruction
#4709.2
56
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
~\TLtQ
FEDEX ~
Recognizing that the work governed by this contract requires the use of vehicles, -t ,
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
$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
~
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~
~
~
~
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
~:s~T~
Prior to the commencement of work governed by this contract, ~~~~~etor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
I FEDEXk.
In addition, the-~aetor 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. ~1.c1(
Coverage shall be provided by a company or companies authorized to transact business in the ~\
state of Florida. \
IFEDE~ FEDEX'S
[flbe-€~..has been approved by the Flon a' Department of Labor, as an authorized .e1f-1 ,
insurer, the County shall recognize and honor ~~-ontractor'~ status. 'Fhe-C-ontraet6f may be . FEDEX
required to submit a Letter of Authorization issued by the Department of Labor ~rtificate ~
of Insurance, providing details on ~.c""fifttt~ts Excess Insurance Program. ~ I _ ~\i Lq(
lFEDEX l. 1J]D~ ~
IrYl6-~~erpartlclpates m a self-msurance fund, a Certificate of Insurance eqUlred. ~\~ I ~
In addition, the-~~ may be reQuireQ to submit updated financial statements from the fund
upon reque~t from the County. iFEDEX 1 W
~
~
WC3
Administration Instruction
#4709.2
90
EXHIBIT 'C'
FAA LEASE CLAUSES
.
.
DEe 2 S 1993
AIRPORTS I OMS
2.
3.
12& IBQUDIrD uaa cr.a1JUl
,.
'!'hill leas. shall !Ia aubject: to review and r&-evallla1:1an
at ths end or Ucb .1. Year IIedod. by the ~
nwnRr and the rent maY-be ad:lU81:ad a~ to tha.iz
ac:t:ion, not: l:D ........ t:be ~ Price IIIdu: &'&1:8
clw:iJuJ the last J~ IIant:h pariod, or:
LaJII:l le.. ~~. ...1.11 be appraiHd evezy 5 :r-n
aJId t:he adjU&1:ad. Z'8m:a1, V1l1 be baaed an -.ally 1O-.u
pcm::ani: ot appZ'a!aec:l value., U d.bPU'tad, 1eaaor
obt&Wm .llPnJ.aat .t h1a ....._ end ~/*-
equally llhara ~ena. taa: ~'Yiaw .PPZ'a!al thai:
..~li.ha. f.~ -rJcat: 'ft.lua.
'%h. tenant tar lWoaeJ.t, b.ta P........,;eJ. hp&"luoen1:at:i'Vlla,
aUC:C:1I1I80ras in in1:erea't, and ...igna, .. a part. at tz.
ca.....I.der.Uan heraaf, olD.. htlZ'eby ___ and ~
that (1) no P8rsan on th. 9tUUada or :&:ace, ....1=, = ..
na1:.1onal or.t!J1n shall !Ie ltXCludact fa. PCt.l.c1pa1:.l.0II
1ft, d81118d the ~Uita or, ar be Ot:hvv,b.. alll>jactacl
to a1scrill1nat1an 111 t:ha .. or ..id taaiUt.1.., (a)
that 1ft th. c:anstnctian or any ~" on, _
or under SUch land and the fUrJ11Sh1nq ot servlca.
thereon, no llU'san an t:ha lIl"CUnda or Z'ace, calor, or
national origin shall he excluded fro. P8I't1cipation
U, d8llied the henet1ta or, ar be Ot:hllZW1a 81U1jected
1:0 discrimina1:1an, (3) that: t:ha tenant -u l1li. tb8
1lZ'8IIlbe. in CClIIpliance with aU Dt:her ~ta
.1mpaaed !ly or IIUZ'lnIant: 1:0 ~it1. 41, Code at Pedtazoa1
lI.fIGUlatians, IleJJart:mant ot Tl:lUI8pozof:atian, SUbt1t1e 10,
Ort1cs at th8 S8CZ'atazoy, PIlZ't 21, HOIId1ac:zoim1Jlat1an in
Pederally-assisted pracn-ba of the Depat1:ment ot
Tr"n"I"'r1:atlon-Etfactua.1:ian of Title VI at tha civil
tigll.ta Act: of 1964. and aa aid Regulations may be
ulImdad .
That: in the event: o~ lIzr.ach ot any ~ th. abav.
nand1m=iminat1an aav_nte, ~ 0Vnu 8baU Juw. .
the r1",h~ 1:0 t:anw.a1:a the 1.... and 1:0 -i:azo _ .. .
it .aid laG.. bAcJ AeVCIZ' bean aado DE' 1m........ 'ilia
prDviaiDft ahal1 ~'ba -tteativ. uat:il tba ~
or 'J:1 1:1. 4', Codoo at Pecleral 1le!Julationa, 1'Gft U ..
ro!.lUWlld uul OOlIpl.t:ed includiJu, -rciae .. expu..i:icm
at apP"l rJ.ght.lI.
~t 8na11 be'. CDndtt10n or 1:111& lea.., LbaL Lbo le8eGC
Z'U8Z'Vaa QI\1:a 11:11s1l:, ita IlUCcasBClZ'B ilII4 UN"'..., t.oz:
tb8 lISa - llenetit or tile ptUnic, a. Z'i!J1lt o:t t1.1vb1:
rar tile paaaage or ~tt 111, tb8 aUapaaa abon tIIa
lIUZ'fa... of tbe _I, P"apert:y n81'e1nae1:ezo ~1ba4.
1:ogethezo with the Z'19ht 1:0 calIS. 111 Hia a.~'1iIICID
noi.. .. -Y be inherent in the operation o:t a.1Z'c:zoaft,
1.
.
t,
5.
4.
. . - lmown ar: ~ 1IHd, far: Ilav1qaC1D11 Of: ar: .
. fLigllt: ill tbe "14 a~, and. ~ar: 1111. O~ Aid .
a1z'spaae teu: landillq on, tak1nq. ot:~ t1'aIII ar: GpllraC1119
on the aUport. '
That the T&naD1: expressly acJrees far itSelf, its
8\lCc...ors and assians, to raatrict the haiqht ot
structuraa f abj acta ot natural ;rowtb and other '
obs1:rw:1:ion. em the heninat1:er _Cl:~ real property
1:0 aUah · haiVbt: 80 a. t:o comply with 'edeal Avia'tion
bgulatians, Part 77.
'lhat: the %.ua_ .~".ly A9%'e_ ~~ !t:aalf, ita
auaacaaaora Aftcl ..aLp., 1:0 prevent any Wle at the
.b~.iDa:ttar ciuCZ'.i.bGd t'Oal P~O&'t:y Which waul&!
int:eJ:o~U'. v!.1:h DZ' adV....1Y cattoat -tho apcu:aUcm _
IIdnt:mumaa a~ t:be aiZ'paZ1:, 'O&" ot:Iicrwi"~aanot:it:ui:o an
airport haJ:A2:Cl. . . . ,
'nU. 1eue and all PX-OY!aiona he:-eot arB 1IUbj_= and ..
aubortJ.1l1ata t.u Lbll LEI%'ma and c:oncU. t10na ot. the
inatrwaem:a and da.........ts IIIIdar wbJ.ub u... Ahpart OWner
acquired tile '1IUbj eat FaPart.y trom the t7n.Lt..&:d st.&ta. or
AIlet"ica Iftd 8I1al1 be given only IlUCb ertact a8 will na1;
aon:t'.l1ct or be inconsistent with tile terms and
condit1ona contained in 'the leas8 or said !ands traa
the ~ort OWner, anel any exiatinq or SUbsequent
Blllllrlcimenta tbereta, IIDd are aubj IICt to any orcunanc..,
rules or 1"ec;JUlat:1ona which have been, or may hereafter
be adoptee! by the Airport Owner Pl:%'ta1ninq to the
K Q.'j W4e r Airport. _ ,
Nat:withstand1nq anVthillq herein c:antained that lIIly be,
or aJ)paar to be, ,to the ccntt'ary, it: is axpr...ly
unc:lentoac\ alld aWIled thai: the riQhta \mIDted UIIc:Ier._
this avre8ll8nt are nonexclusive 'and the Le..or h8l"86D
rUa1"vaa the ri;h't t:o grant similar privile9.8 1:0
another Lessa8 or other tAlIIIIIAAJlI em nt:hAr pan:. ot th.
airport.
.
RECEIVED
DEe 23 1993
AIRPORTS/OMB