Resolution 179-1982
RESOLUTION NO. 179 -1982
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE A LEASE BY AND BETWEEN THE COUNTY OF MONROE,
STATE OF FLORIDA, AND AIR CARGO AMERICA, INC, FOR
LEASING OF SPACE AT THE KEY WEST INTERNATIONAL AIR-
PORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COHMISSIONERS OF MONROE
COUNTY, FLORIDA, as follows:
That the Chairman of the Board of County Commissioners of
Monroe County, Florida, is hereby authorized to execute a Lease
by and between the County of Monroe, State of Florida, and Air
Cargo America, Inc., a copy of same being attached hereto, for
leasing of space at the Key West International Airport,
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of June, AD, 1982.
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY, FLORIDA
By
(Seal)
RALPH Uf '~'~~"Tr CLraU
Attest: vi. ~.iUiLJ [. 1\
~T~.P~ ,DC
Clerk
APPROVED AS TO FORM
AND GAL SUFFICIENCY.
BY
0J1L'Au ~ N
/~Tr 1 '\ ~ - /1 ~ 2
LEASE
'1'111 S LEASE IS made and en ter,ed in to on the
28th clay of
June
, 1982 by and between the County of 1'10nroe, State
of Florida, a political subdivision of tIle State of Florida,
Lessor, hereinafter referred to as "County", and AIR CARGO
AMERICA, INC" a Florida corporation, Lessee, hereinufter re-
ferred to as "ACA" ,
WHEREAS, County owns an airport known as Key West Inter-
national Airport located in Key West, Monroe County, Florida,
hereinafter referred to as the "Airport", and
WHEREAS, ACA is engaged in the business of air transportation
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 co-
venants and agreements herein contained, and other valuable con-
siderations, County does hereby lease unto ACA, and ACA does here-
.by 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
l\, made a part hereof.
(2) Use of the Airport. ACA shall be entitled to use, In
COllllllon 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 con-
nection with the Airport for common use, in the operation of a
business [or the transportation of cargo, mail and other property
by aIr.
(3) Term. The initial term of this lease shall be cleven
(11) months, commencing November 1, 1981, and ending on September 30,
1982. ACA shall have the option to renew this lease for additional
Page 1 of 4 Pages
terms of one (1) year or more each, upon such terms ~nd conditions
and rent as may be agreed to by the parties.
(4) Rent. During the initial term of this lease, ACA shall
pay to the County, rent in the amount of $45.00 per month, plus
applicable 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 pur-
poses and office space. Such buildings, and any other improvements
made to the leased premises, shall be made only with the written
consent of County, through its Airport Manager, 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, subject 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, em-
ployees, 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 elec-
trical service, water service, trash removal service, and similar
utility services, as needed, and shall be responsible for paYlng
for its use of such utility serVlces.
(JD) Assignment, The premises leased hereunder may not be
suhlet, and this lease may not be assigned witllout the written con-
sent of the County,
(11) Maintenance of Premises, ACA shall be responsible for
and shall properly maintain the lease premlses, and upon the ter-
mination of this lease, shall leave the premises In, at least, as
Page 2 of 4 Pages
good condition as at the time of the commencement of this lease,
normal use and occupancy excepted.
12, Insurance, ACA agrees to indemnify and save County harm-
less 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 sue or oc-
cupancy of the leased premises and the common areas of the Airport
facilities by ACA. ACA shall carry and keep in force Public Liability
Insurance covering personal injury and property damage with an in-
surance company authorized to do business in the State of Florida,
having minimum limits of liability for personal injuries in the
amount of $500,000.00, and for property damage in the amount of
$250,000.00, and to furnish County with certificates of such
insurance.
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 transmit 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 fif-
teen (15) days after notice therof 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 options, de-
clare the lease forefeited 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 rights under this paragraph, or to collect any
of its rentals or 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 institution of a
involuntary proceeding in bankruptcy and the adjudication of ACA
as a 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
Page 3 of 4 Pages
of ACA's assets; the divesting of ACA's lease hold estate by the
other operation of law; the abandonment by ACA of AIR CARGO trans-
portation business at the airport for a period of sixty (60) days.
IN WITNESS WHEREOF, the parties hereto caused this lease
to be executed as of the day and year above written,
COUNTY OF MONROE, STATE OF FLORIDA
(SEAL)
At t est RALPH VI. V~n:TEJ CLERK
~\'r O\.P~.D~.
Clerk
AIR CARGO AMERICA INC,
By /'~ //~/~~
President
(Corporate Seal)
Attest:
~-, AD dJ~/Yu~
Secretary
~' '1PpnOl/ED ::~,s 70 jt', OFfM
., "'r.,,~, -(.tu:r.!c.r:;P.~
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