Resolution 379-1987
Art Skelly
Director of Airports
RESOLUTION NO. 379-1987
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE CHAIRMAN OF THE BOARD TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE
COUNTY OF MONROE AND MARATHON AIR SERVICES,
INC., FOR THE PURPOSE OF PROVIDING A FIXED
BASE OPERATOR AT THE MARATHON AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Chairman of the Board to execute an Agreement by and between the
County of Monroe and Marathon Air Services, Inc., a copy of same
being attached hereto, for the purpose of providing a fixed base
operator at the Marathon Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 6th day of October, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~
a~rman
( Seal)
AttestPANNY L. KOLlIAGE, Clerk
~~~IIJ.~
APPR VED AS TO FORM
A~ E At SUFF:CI~~ /J J
BY Itomo'somc.~
A G R E E MEN T
THIS CONTRACT OF LEASE is made and entered into on the
day of , 1987, by and between the COUNTY OF
MONROE, a political subdivision of the State of Florida,
hereinafter referred to as Lessor, and MARATHON AIR SERVICES,
INC., a corporation organized and existing under the laws of the
State of Florida, hereinafter referred to as the Company.
WIT N E SSE T H:
WHEREAS, Lessor owns an airport known as the Marathon
Airport located in Marathon, Monroe County, State of Florida,
hereinafter called the "AIRPORT", and
h~EREAS, the Company is a corporation primarily engaged in
commercial aeronautical activities and the general activities of
a full service fixed base operation, and
WHEREAS, the conduct of quality fixed base operator services
as hereinafter set forth is advantageous to the operation of said
"Airport" for public airport purposes, and
WHEREAS, Lessee desires to obtain certain rights, services
and privileges in connection with the use of the Airport and its
facilities; and the Lessor is willing to grant and lease the same
to Lessee on a non-exclusive basis upon the terms and conditions
hereinafter stated,
NOW, THEREFORE, for and in consideration of the premises and
o~ the mutual covenants and agreements herein contained, and
other valuable considerations, Lessor does hereby grant and lease
unto Lessee, and Lessee does hereby hire and take from Lessor,
certain premises, facilities, rights, licenses, services and
privileges in connection with and on the Airport, as follows,
to-wit:
ARTICLE I - PREMISES
A. PREMISES LEASED. The Lessor does hereby lease to the
Lessee that space as marked on Exhibit "A" attached hereto and
made a part hereof at the Marathon Airport located in Marathon,
Monroe County, Florida, in accordance with the terms and
conditions as set forth in this Agreement.
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B. USE OF THE AIRPORT. Lessee shall be entitled to use, in
common with others authorized to do so, the Airport and appurte-
nances, together with all facilities and equipment.
C. COMMERCIAL AVIATION USE AND PRIVILEGES. The Company
shall have the non-exclusive right in connection with its use of
the lease premises and subject to the conditions provided in this
Lease Agreement and/or contained in the Monroe County Minimum
Standards for Fixed Base Operators, as amended from time to time,
to engage in the following commercial aviation activities:
a. The unloading and loading of aircraft in any lawful
activity as incidental to the conduct of any services or op-
erations outlined in this section.
b. The maintenance, storing and servicing of aircraft which
shall include those services required by the, "Minimum Standards
for Commercial Aeronautical Activities by FBO's at Monroe County
Airports" (hereinafter referred to as FBO Minimum Standards) and
defined as "Primary Service".
c. The sale of aircraft fuels, lubricants and propellants
at the Airport. The sale of said fuel, lubricants and pro-
pellants at any location shall include the right to use vehicles
necessary for the servicing of aircraft provided they are oper-
ated in accordance with reasonable rules and regulations estab-
lished by the Lessor.
d. The operation of a business of buying and selling new or
used aircraft, aircraft parts and accessories thereof and avi-
ation merchandise and equipment of all descriptions either at
retail, wholesale or as a dealer or distributor.
e. The rental of aircraft.
f. The operation of air transportation and/or charter
services for the transportation of passengers, cargo and mail.
g. The operation and sale of air taxi, ambulance and
sightseeing services.
h. The operations and sale of aerial surveying, photograph-
ic and mapping services.
i. The operation of flight instruction services in accor-
dance with Federal Aviation Administration standards.
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j. The maintenance of coin-operated vending machines on the
leased premises.
k. The Lessee may also provide up to a maximum of six (6)
courtesy cars for use by its customers, for which a fair rate may
be charged.
1. The Lessee is entitled to charge and collect fees for
long term parking of motor vehicles on the leased premises.
m. Any other aeronautical activity, of any category,
permitted by the Minimum Standards for Fixed Base Operators, as
amended from time to time, upon the conditions stated therein.
If Lessee desires to engage in a legitimate aeronautical activity
not provided for in the Minimum Standards for Fixed Base Opera-
tors, it shall apply in writing to the Lessor for an amendment to
such Standards, and such Standards may be amended to allow, with
appropriate conditions, any legitimate aeronautical activity
which will not be adverse to the public interest or the safe and
efficient operation of the Airport.
D. GENERAL RIGHTS AND PRIVILEGES. The Company shall enjoy
the following general non-exclusive rights on the Airport prem-
ises subject to the conditions provided in this Lease Agreement
and/or contained in the Minimum Standards for Fixed Base Opera-
tors, as amended from time to time:
a. The general use of all public facilities and improve-
ments which are now or may hereafter be connected with or
a~purtenant to the Airport to be used by Company for the general
aviation commercial activities contemplated hereunder. For the
purpose of this Lease Agreement public airport facilities shall
mean all necessary landing area including but not limited to
approach areas, runways, taxiways, aprons, aircraft parking
areas, and all roadways, sidewalks, navigational aids, lighting
facilities or other public facilities appurtenant to the Airport.
Such use of public facilities by company shall be in all ways and
at all times subject to control by the Monroe County Director of
Airports or acting Airport Director, as well as all applicable
laws and Federal Aviation Administration rules and regulations.
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b. The right of ingress to and egress from the demised
premises over airport roadways including the use of common used
roadways subject only to such reasonable rules and regulations as
may be established by the Lessor and its Director of Airports.
c. The right to install, operate and maintain, repair and
store on the leased premises all equipment necessary for the
conduct of Company's business, including identifying signs which
shall be subject to the written prior approval of the Lessor in
the interest of safety and convenience of all concerned, which
approval shall not be unreasonably withheld.
d. The use in common with others of the public airport
parking area for automobiles and/or aircraft subject to revenues
imposed generally, control by the Director of Airports and all
applicable laws and Federal Aviation Administration rules and
regulations.
E. TERM. This Agreement shall be binding upon execution
and the term and rentals hereunder shall commence on December 15,
1987. The term of this Agreement shall be for a period of five
(5) years.
The Lessee shall have an option to renew said Lease after
the initial five-year term for three additional five-year terms
providing that the Lessee makes Two Hundred Fifty Thousand
Dollars ($250,000) in capital improvements to said premises
during the first term of this Lease. Adjustments in the rent as
pnovided hereunder during the first five-year term shall be
extended into the three five-year option periods. The Lessee
shall provide to Lessor six (6) month's notice in writing by
certified mail prior to the expiration of the term of this lease,
of Lessee's intention to exercise its option to renegotiate the
rates and charges as set forth in paragraph F for each additional
five (5) year term. Lessor will make every effort to notify
Lessee prior to the six (6) month notification requirement.
F. RENT. The National Consumer Price Index (CPI) at the
effective date of this Agreement shall be considered as the base
CPI; and the CPI on the date redetermination is required shall be
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considered as the new CPl. The New Rent shall be determined as
follows:
New CPI
New Rent = Base Rent x Base CPI
Base rent shall be computed at the rate of 10.2 cents per
square foot per year for the 7.81 acres (340,094 sq. ft.) of land
leased pursuant to this agreement.
Each subsequent redetermination shall be made in the same
manner except that the Base Rent and Base CPI shall be the New
Rent and New CPI from the previous redetermination.
Regardless of the percentage increase in the National
Consumer Price Index, the monthly rental payable hereunder shall
be redetermined at least every year in the same manner as provid-
ed in the preceding paragraph.
G. FUEL FLOWAGE FEES. The Lessor shall be entitled to
collect and Company agrees to pay, as additional consideration
under this Agreement, all fuel flowage fees as are imposed
generally by the Minimum Standards for Fixed Base Operators, as
amended from time to time. The fuel flowage fee shall be three
cents (3C) per gallon upon commencement of this Lease Agreement
and shall be paid by the fifteenth (15th) day of each month for
each gallon of aircraft fuel received or bought by the Company at
the Airport during the preceding month, less the number of
gallons pumped that month into aircraft exempt from fuel flowage
fees pursuant to agreement with the Lessor. Company shall
.
provide to Lessor by the 10th day of each month a report of all
aircraft fuel received or bought during the preceding month and
all aircraft fuel pumped into exempt aircraft during the preced-
ing month, which report shall include copies of invoices
supporting both amounts. Company shall aut~orize all of its
suppliers to furnish to the lessor any information requested by
the Lessor concerning fuel deliveries to the Company. The fuel
flowage fee will be reviewed every five (5) years and may be
adjusted to compensate for improvements made at the Airport that
benefit the Company.
H. MAINTENANCE. The Company shall make its own arrange-
ments for janitorial services including the care of interior and
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exterior maintenance of the areas and premises to be occupied
under this lease and all operating facilities installed or
acquired by it. It shall make all repairs and improvements as
may be necessary to maintain and keep same in good condition as
at the beginning of this lease period or at the time of installa-
tion or modification, ordinary wear and tear accepted.
I. OWNERSHIP OF IMPROVEMENTS. It is agreed that title to
all fixed improvements constructed hereafter on the leased
premises by the Company shall at all times during the term of
said Agreement remain in the Company. Upon termination, whether
by expiration of the term, cancellation or forfeiture, said
improvements shall become the property of the Lessor. Title to
fixed improvements constructed by the Company on the Airport
prior to the execution of this Agreement shall remain in the
Company until termination.
J. UTILITY CHARGES. The Company agrees to pay for all
utilities consumed on the leased premises, as well as its own
water, sewer and garbage pickup. Electricity and water consump-
tion shall be metered through instruments fixed in place. Any
expense for installation of meters or for connection or similar
charges shall be paid by Company.
K. PEACEFUL POSSESSION AND QUIET ENJOYMENT. The Company
and its customers shall have, at all times, the right of ingress,
egress and a free access to the premises and the Lessor guaran-
t~es to them the peaceful possession and quiet enjoyment thereof.
The Lessor covenants that it will continue to operate the Airport
as a public facility.
L. TERMINATION PRIOR TO EXPIRATION.
a. The Lessor shall have the right to terminate this lease
in whole or in part upon the occurrence of any of the following
events:
(1) Failure on the part of the Company to pay rent, fuel
flowage fees, or usage fees when due.
(2) Filing by or the final adjudication against the Company
of any petition of bankruptcy or the making of any transfer or
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general assignment for the benefit of creditors which has not
been previously authorized by the Lessor.
(3) The failure of the Company to perform or keep or observe
any of the terms, covenants and conditions which it is obligated
to perform, keep or observe under this lease after the expiration
of any period of warning or ultimatum given by the Lessor to the
Company to correct any deficiency of default.
(4) The abandonment of the leased premises or discontinuance
of the business operations.
M. RATES AND PRICES. All rates and prices shall be estab-
lished by the Company. However, they shall be fair and reason-
able and in no case exorbitant and shall be subject to review by
the Lessor. Reasonableness and fairness of prices shall be
determined by whether they are comparable to prices charged for
similar services or products of similar caliber or quality at
other airports similarly situated.
N. ASSIGNMENTS.
a. Except for sale or assignment of this lease to a bank or
lending institution for financing purposes, no sublease, transfer
or assignment by the lessee of this lease or of any part hereof
or interest herein, directly or indirectly, voluntarily or
involuntarily, shall be made unless such sub-lease, transfer or
assignment is first approved by the Lessor in writing, which
approval shall not be unreasonably withheld. Furthermore, prior
approval of the Lessor shall not be required for the assignment
of the lease occurring as a result of the. merger or consolidation
with another corporation, provided that such other corporation is
solvent and provided that all of the assets of the Company are
included within such merger or consolidation.
b. The Lessor reserves the right prior to any assignment of
this lease or any interest herein, or prior to possession by any
Mortgagee or Lessor of improvements of the Company through
default by the Company, to approve any proposed Assignee, Mort-
gagee or Lessor of improvements of the Company, (collectively
referred to in this paragraph as Assignee), which approval shall
not be unreasonably withheld. The Lessor shall consider, in
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approving such proposed Assignee, the ability of such proposed
Assignee to perform the duties required of the Company as set out
in this lease, the financial ability and capacity of such pro-
posed Assignee to meet the obligations required by this lease and
the general reputation of the proposed Assignee in the area in
which the proposed Assignee has done business in the past. No
assignment of any kind or nature shall be valid until the same
has the prior approval of the Lessor, and when such approval is
granted by the Lessor, then, and only then, will the Company be
released from the obligations required by this Lease Agreement.
c. In constructing improvements on the leased premises the
Company may be required to mortgage such improvements. In the
event a default should occur in any of the terms of any such
mortgage or other agreement encumbering such improvements, the
Mortgagee or Lessor of such improvements may have the right and
option to take possession of the leased property and all improve-
ments located thereon to the exclusion of the Company. Such
right and option shall be subject to the conditions of approval
as set forth in paragraphs P. a. and b., regarding assignment of
this lease, or possession by Mortgagees or Lessors of improve-
ments. If for any reason said Mortgagee or Lessor does not take
possession after default, the Lessor shall have the right to
occupy and use such improvements itself or to enter into any
agreement or agreements with other persons or parties as to their
u~s subject only to the payment of any monies owed and outstand-
ing against such improvements. In the event the Lessor should
not elect to so take possession of all improvements located
thereon as set forth above, the Lessor or any Mortgagee of such
improvements under default as the case might be, shall have the
right to remove all of said improvements from the leased property
without obligation to the Lessor or damage to the leased property
or any other Airport property.
O. EMPLOYEES OF THE COMPANY. The Company shall if so
directed by the Lessor in writing require its employees who come
in direct contact with the public on the Airport to wear a
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uniform or badge by which they may be known and distinguished as
employees of the Company.
P. FEDERAL, STATE AND LOCAL LAW. The Company shall comply
with all federal, state and local laws, county and local ordi-
nances, rules and regulations now and hereafter in force which
may be applicable to the operatio~ of its business at the Air~
port, including the Minimum Standards for Fixed Base Operators,
as amended from time to time.
Q. PAYMENT OF TAXES. The Company shall be liable for any
and all taxes, penalties and interest herein assessed, levied, or
charged by any governmental agency against the Company's tangible
personal property situated on the Lessor's premises and ad
valorem taxes, if any, assessed against the Company's leasehold
interest under this Agreement. However, Company shall not be
deemed in default of this obligation pending the outcome of any
legal proceeding by it cqntesting such tax liability.
R. FIRE LOSS - INSURANCE. The Company shall replace any
buildings or facilities destroyed by fire and return them in
predamage condition so that the replacement will be equivalent in
value to the original facilities. Lessor shall permit a propor-
tionate abatement of rent during a reasonable time for the repair
or replacement of such buildings or facilities. The Company
agrees to supply at its own cost and expense fire and extended
coverage of at least 80% of the value of the property and to
maintain hangar keeper's liability coverage with insurance
companies approved by the Lessor.
S. WORK STOPPAGE OR STRIKE. In the event operations of the
Company, are substantially curtailed or interrupted for any
reason beyond the control of the Company, including employees
strikes against the Company or damage to or destruction to the
assigned premises by fire or other casualty including war, civil
insurrection or act of God, such condition shall operate to
relieve the Company of its obligation to pay charges and fees
required under this lease by creating a moratorium on payments to
the extent of and in the same proportion as Company's operations
are curtailed or interrupted; provided, the Company shall at all
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times use its best efforts to prevent, minimize, or remedy such
curtailment or interruption.
T. WAIVER OF PERFORMANCE. Failure of the Lessor to insist
in anyone or more instances upon a strict performance by the
Company of any of the provisions, terms, covenants, reservations,
conditions or stipulations herein shall not be deemed to have
been made, in any instance, unless specifically expressed in
writing by the Lessor as an amendment to this lease.
U. NOTICES TO THE LESSOR AND THE COMPANY. Notices to the
Lessor shall be sufficient as sent by certified mail, postage
prepaid, addressed to the Monroe County Board of County Commis-
sioners, P. O. Box 1680, Key West, Florida 33040, and notices to
the Company shall be sufficient if sent by certified mail,
postage prepaid, addressed to the Company at the leasehold
address set forth in this lease or to other respective addresses
as the parties hereto may designate in writing from time to time.
V. STANDARDS OF SERVICE. It is expressly understood and
agreed as a condition of this Agreement that the Company, its
tenants and sublessees, shall conduct a first-class commercial
aviation service adequate at all times to meet the reasonable
demands for such service on the Airport, in accordance with the
Minimum Standards for Fixed Base Operators adopted by the Lessor
and as amended from time to time. The Company, its tenants and
sublessees agree to conduct said business in a proper and courte-
oUs manner, to furnish good, prompt and efficient services at all
times and to provide at a minimum and at all times during the
term of this lease the services set forth in Section IV of the
FBO Minimum Standards. In the event the Company fails to perform
its duties in accordance with this Section and to the reasonable
-
satisfaction of the Lessor, then the Lessor shall so inform
Company in writing by registered mail describing the particulars
of the unsatisfactory performance and giving the Company a thirty
(30) day period within which to correct the conditions to the
satisfaction of the Lessor. In the event the Company fails to
correct the default, the Lessor reserves the right to terminate
10
this Agreement thirty (30) days after the written notice to the
Company hereunder.
w. INDEMNIFICATION.
a. The Company agrees to indemnify fully and save and hold
harmless Lessor, its officers, agents and employees from and
against all loss of damages, claims, liabilities and causes of
action of every kind, character and nature as well as costs and
fees, including reasonable attorneys fees connected therewith and
the expense of any investigation thereof based upon or arising
out of damages or injuries to third persons or their property to
the extent they are caused by the negligence of the Company, its
officers, agents or employees. Lessor shall give the Company
prompt and reasonable notice of any such claims or actions and
the Company shall have the right to investigate, compromise, and
defend the same to the extent of its own interest.
b. The Lessor agrees to indemnify fully and save and hold
harmless Company, its officers, agents and employees from and
against all loss of damage, claims, liabilities, causes of action
of every kind or character and nature as well as costs and fees
including reasonable attorneys' fees connected therewith and the
expenses of the investigation thereof based upon or arising out
of damages or injuries to third persons or their property to the
extent caused by the negligence of the Lessor. Company shall
give to the Lessor prompt and reasonable notice of any such
c~aims or actions and the Lessor shall have the right to investi-
gate, compromise, and defend the same to the extent of its own
interest.
c. Company agrees to carry and keep in force comprehensive
general liability insurance covering personal injury and property
damage and such other insurance as may be necessary to protect
Lessor herein from such claims and actions set forth in the above
indemnity clause. The limits of said insurance shall be as
required by the Lessor's Standards for Fixed Base Operators, as
amended from time to time. The Company shall furnish the Lessor
with proper certification that such insurance is in force and
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will furnish additional certificates as evidence of changes of
such insurance.
d. Lessor agrees to carry and keep in force public
liability insurance covering personal injury and property damage,
and such other insurance as may be necessary to protect Lessor
herein from such claims and actions aforesaid. Lessee agrees to
carry and keep in force such insurance within minimum limits of
liability for personal injury in a sum not less than $300,000 for
anyone person, and $500,000 for anyone accident; and for
property damage in a sum not less than $200,000; and Comprehen-
sive General Liability coverage with combined single limits for
bodily injury and property damage in the amount of $1,000,000;
and to furnish Lessor with proper certificate certifying that
such insurance is in force. Lessee shall carry its insurance
coverages with insurance companies authorized to do business in
the State of Florida.
X. NON-EXCLUSIVE RIGHTS. It is further covenanted and
agreed that nothing contained in this Agreement shall be con-
strued to grant or authorize the granting of any exclusive right
within the meaning of Section 308 of the Federal Aviation Act of
1958.
Y. GRANT AGREEMENTS. The leased premises and the Airport
are subject to the terms of those certain sponsor's assurances
made to guarantee the public use of the airport as incident to
gDant agreements between the Lessor and the United States of
America as amended and the Quit Claim Deed from the United States
of America, predecessor in title to the leased premises. The
parties represent that none of the provisions of this Agreement
violate any of the provisions of the sponsor's assurances agree-
ment or said Quit Claim Deed.
z. RIGHT TO DEVELOP THE AIRPORT. It is further covenanted
and agreed that the Lessor reserves the right to further develop
and improve the Airport and all landing areas and taxiways as it
may see fit regardless of the desires or the views of the Company
and without interference and hindrance provided, however, that
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such development or improvement does not adversely affect Com-
pany's use and occupancy under this Agreement.
AA. NON-DISCRIMINATION. The Company for itself, its
personal representative, successors in interest and assigns as
part of consideration hereof, does hereby covenant and agree, as
a covenant running with the land that:
I. No person on the grounds of sex, age, religion, physical
handicaps, race, color, and national origin, shall be excluded
from participation in, denied the benefits of, or otherwise be
subjected to discrimination in the use of said facilities.
2. That in the construction of any improvements on, over or
under such land and the furnishing of services thereon, no person
on the grounds of race, color or national origin shall be exclud-
ed from the participation in, denied the benefits of, or other-
wise be subjected to discrimination.
3. Company shall use the premises in compliance with other
requirements imposed by and pursuant to Title 49, Code of Federal
Regulations Department of Transportation, Subtitle A, Office of
the Secretary, Part 21, Non-discrimination in Federally assisted
programs of the Department of Transportation, Effectuation of
Title 6 of the Civil Rights Act of 1964, and as the regulations
may be amended.
BB. RIGHT TO AMEND. In the event that the Federal Aviation
Administration or its successors require modification or change
in this Agreement as a condition precedent to (1) the granting of
funds for the improvement of the Airport,. or (2) as a condition
precedent to compliance with FAA regulations or standards, the
Company agrees to consent to such amendments, modifications or
requirements of this Agreement as may be reasonably required to
either obtain such funds or comply with SUCh regulations or
standards. However, in no event will the Company be required
pursuant to this paragraph to agree to an increase in the rent
provided for hereinunder; or to agree to a reduction in size of
the leased premises or to a change in the use to which the
Company has put the leased premises (provided it is an authorized
use hereunder) without an adjustment in rent.
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CC. REGULATIONS OF THE LESSOR. The occupancy and use of
the Company of the leased premises and the rights herein con-
ferred upon the Company shall be subject to the Lessor's Stan-
dards for Fixed Base Operators, as amended from time to time, and
to valid rules and regulations as are or may hereafter be
prescribed by the Lessor through the lawful exercise of its
powers provided, however, that no such rule or regulation or
standard shall be of such nature as to interfere with or cause
any derogation or infringement with or upon the rights and
privileges herein in this agreement granted to the Company. The
Company shall be given advance notice of any proposed change or
addition to such rules or regulations and an opportunity to be
heard thereon. All the terms, conditions and covenants of this
Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties hereto.
DO. CONSTRUCTION OF AGREEMENT. This Agreement is made in
and shall be construed in accordance with the laws of the State
of Florida. All duties, obligations and liabilities of Lessor
and Company with respect to the leased premises are expressly set
forth herein and this Agreement can only be amended in writing
and agreed to by both parties.
EE. RECORDING. This Agreement when executed and delivered
will be recorded in the Public Records, Monroe County, Florida,
and cost of said recording shall be paid for by the Lessor.
· FF. WASTE. The Lessee agrees to commit no waste nor permit
any waste to be committed to the leased premises and Lessee shall
keep the premises at all times in a clean condition, free from
the accumulation of trash and other waste materials, and shall
protect said premises from any and all fire hazards and surrender
the same at the termination of this lease in as good condition as
they now are, ordinary wear and tear and damage by the elements
excepted. The Lessor shall have the right at any time to enter
upon the leased facilities for the purpose of inspecting same.
GG. NON-INTERFERENCE. The Lessor may at any time during
the effective period of this lease enter into contracts with any
passenger or freight-carrying airlines for the use of the Airport
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facilities, or with other fixed base operators, and nothing
herein contained shall be construed to preclude the Lessor from
so doing, and the Lessee agrees to cooperate with the Lessor and
with any and all airlines contracted with by the Lessor for the
use of said airport facilities in a manner so as to encourage and
not to in anyway interfere with the use of the said Airport
facilities by any airline operating thereat or by other fixed
base operators.
HH. LITIGATION EXPENSES. In the event either party is
required to enforce any of the terms of this Agreement against
the other party, the defaulting party shall pay all costs and
expenses applicable thereto, including reasonable attorneys'
fees, whether initial court, appellate court or any other pro-
ceeding.
II. INTERPRETATION. This Lease Agreement shall be inter-
preted and enforced in accordance with the laws of the State of
Florida, and the unconstitutionality or unenforceability of any
part hereof shall not affect the enforceability of any other
part.
JJ. OTHER FIXED BASE OPERATORS. The Lessor agrees that it
shall comply with the provisions of 49 USC ~1718(a)(1), with all
FAA rules, and with all other laws, rules, or regulations con-
cerning entering into contracts with other fixed base operators
on terms more favorable than those herein granted. No lease
a~reement for a similar fixed base operation on the Airport shall
be entered into by the Lessor with any other person, firm,
corporation, or partnership on terms which are more advantageous
or upon conditions less stringent or at a lower rental for
comparable lands and buildings than for those herein devised, in
accordance with 49 USC ~1718(a)(l).
KK. NON-COMPETITION BY LESSOR. The Lessor agrees that it
will not itself provide any of the services herein contracted
for, nor otherwise enter into competition with the Company's
business herein authorized, unless and until this Agreement has
been breached by the Company and has been declared in default and
terminated by the Lessor.
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LL. SPECIAL CONDITIONS. It is recognized by these parties
that one GEORGE BUTLER formerly was involved with the operation
of the fixed base operation under the lease dated November 6,
1980, and that because of certain problems and difficulties with
said operation, the parties do hereby agree that the aforesaid
GEORGE BUTLER is no longer involved in the operation of this
fixed base operation. It is further agreed by the Lessee that
GEORGE BUTLER will not in any way, during the term and length of
this Agreement, be involved in any fashion whatsoever in the
operation of Marathon Air Services or any of its satellite
operations connected with the Marathon Airport.
.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and affixed their seals on this, the day and year first
written above.
COUNTY OF MONROE
BY .
Mayor/Chairman of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Attest:
Clerk
MARATHON AIR SERVICES, INC.
(SEAL)
Attest:
~~~ c:. U~~
Secretary
.
BY
17