Resolution 170-1987
Art Skelly
Director of Airports
RESOLUTION NO, 170-1987
A RESOLUTION OF THE BOARD OF COUNTY COMtlIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR AND CHAIRMAN OF THE
BOARD TO EXECUTE A LEASE BY AND BETWEEN
MONROE COUNTY AND AIR CARGO AMERICA.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute a Lease by and between Monroe County and Air Cargo
America, a copy of same being attached hereto,
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 7th day of April, A,D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
9V~ ~ d.
R CHAIRMAN .I/,"".
( Seal)
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Attest :DANNY L. KOtHAGE, Clerk
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LEASE
THIS LEASE is made and entered into on the day of
, A,U" 1987, by and between MONROE COUNTY,
a political subdivision of the State of Florida, Lessor, herein-
after referred to as "COUNTY" and AIR CARGO AMERICA, INC., a
Florida corporation, Lessee, hereinafter referred to as "ACA" ,
WHEREAS, COUNTY owns an airport known as Key West Interna-
tional Airport, located in Key West, Monroe County, Florida,
hereinafter referred to as the "AIRPORT", and
WHEREAS, ACA is engaged in the business of air transporta-
tion of cargo, mail and other property, and
WHEREAS, ACA desires to obtain certain rights and privileges
in connection with the use of the airport facilities, and the
COUNTY is willing to grant and lease the same to ACA on a
non-exclusive basis, upon the terms and conditions hereinafter
stated,
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, and other valuable
considerations, COUNTY does hereby lease unto ACA, and ACA does
hereby lease from COUNTY certain premises and facilities, rights
and privileges, as follows:
1, Premises County does hereby lease to ACA, and ACA
leases from COUNTY, premises as indicated on the attached Exhibit
A, made a part hereof.
2, Use of the Airport ACA 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, mail and other property
by air,
3, Term The term of this Lease shall be one (1) year,
commencing October 1, 1986, and ending on September 30, 1987.
ACA shall have the option to renew this Lease for additional
terms of one (1) year or more each, upon such terms and
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conditions and rent as may be agreed to by the parties. The
COUNTY may cancel this Lease at its pleasure after one year.
4, Rent During the term of this Lease, ACA shall pay to
the COUNTY, rent in the amount of $71,50 per month, plus applica-
ble Florida State sales tax, payable on or before the first of
each month of the term,
5, Fees In addition to the rent aforesaid, ACA shall pay
to the COUNTY, landing fees as charged by the COUNTY from time to
time for the use of the airport facilities used in common with
others,
6, Lease Hold Improvements ACA shall have the right to
erect a building on the leased premises for cargo handling
purposes and office space,
Such buildings, and any other im-
provements made to the leased premises shall be made only with
the written consent of COUNTY, through its Commission, and shall
be made in accordance with all applicable State and County
building codes and requirements,
7,
Common Areas
ACA shall have the right to use, in
common with others, the AIRPORT space and facilities to permit
landing, taking off, taxiing, loading, unloading and servicing of
ACA aircraft, subj ect to reasonable rules and regulations of
COUNTY as to the use of such common spaces and facilities,
8, Right of Ingress and Egress ACA, its agents, employ-
ees, 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.
9,
Utilities
ACA shall be responsible for obtaining
electrical service, water service, trash removal service and
similar utility services as needed, and shall be responsible for
paying for its use of such utility services.
10. Assignment The premises leased hereunder may not be
sublet and this Lease may not be assigned without the written
consent of the COUNTY.
11. Maintenance of Premises ACA 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,
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as good condition as at the time of the conunencement of this
Lease, normal use and occupancy excepted.
12, Insurance ACA 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 ACA, its agents, or employees in
the use or occupancy of the leased premises and the common areas
of the AIRPORT facilities by ACA. ACA shall carry and keep in
force Comprehensive General Liability Insurance coverage with
combined single limits for bodily injury and property damage in
the amount of One Million Dollars ($1,000,000.00); and to furnish
COUNTY with proper certificates certifying that such insurance is
in force. ACA shall carry its insurance coverages with insurance
companies authorized to do business in the State of Florida,
13, Default The failure of ACA to pay any installment of
rent when it becomes due or any other charges or fees shall be
due within ten (10) days after COUNTY transmits a statement
therefore. Further, the failure of ACA 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 ACA
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,
14. Cancellation of Lease COUNTY may cancel this Lease
agreement by giving ACA sixty (60) days advanced written notice
upon the happening of anyone of the following events: the
filing of a voluntary petition in bankruptcy by ACA; the institu-
tion of an involuntary proceeding in bankruptcy and the adjudica-
tion of ACA as bankrupt; the taking by a court of competent
jurisdiction of ACA and its assets, pursuant to a proceeding
under the provisions of any federal reorganization act; the
appointment of a receiver of ACA's assets; the divesting of ACA's
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lease hold estate by other operation of law; the abandonment by
ACA of air cargo transportation business at the AIRPORT for a
period of sixty (60) days.
IN WITNESS WHEREOF, the parties hereto have caused this
Lease to be executed as of the day and year first above written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
AIR CARGO AMERICA, INC.
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By /
(CORPORATE SEAL)
Attest:
'J' / /J, " Jr),
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Secretary
APPf"'VED AS TO FORM
Arf LEGAL SUF/:/C/ENCY.;
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Attorney's Office
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