Resolution 237-1983 •
(RESOLUTION NO.. 237 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF'MONROE COUNTY, FLORIDA, TO
EXECUTE AN AIRPORT AGREEMENT BY AND BETWEEN THE
COUNTY OF MONROE, STATE OF FLORIDA, AND B & E ENTER-
PRISES FOR THE PURPOSE OF OPERATING A GIFT AND SUNDRY
SHOP AT THE KEY WEST INTERNATIONAL AIRPORT.
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
an Airport Agreement by and between the County of Monroe, State
of Florida, and B & E Enterprises , a copy of same being attached
hereto, for the purpose of operating a gfit and sundry shop at the
Key West International Airport.
Passed and adopted by the Board of County Commissioners of
Monroe County, Florida, at a regular 1.. !eting of said Board held on
the 19th day of August, A.D. 1983 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
_ F
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s%r�aN'�>'ic�..o�s✓-.. i,W a�w�:ptr:).By
•
MAror/Chairman
(Seal)
Attest :
Cesesk• P104-- a QL. .
Clerk
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•
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APPROVED AS TO FORM
AND AL SUFFICIENCY /�
-/1BY
Attorney's Office (r___,L
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AIRPORT AGREEMENT
•
THIS CONTRACT OF LEASE is made and entered into on the
19th day of August 1983 , by and. between the County
of Monroe, State. of Florida, a political subdivision -of the
State of Florida, hereinafter referred to as Lessor, and •
B?,E Enterprises ,. a partnership organized and existing under
the laws of the State of Florida, hereinafter referred to •
as Lessee .
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W I T N E S S E T H :
WHEREAS, Lessor owns an airport known as Key West
International Airport located in Monroe County, State of •
Florida, hereinafter called the '•'AIRPORT" , and
WHEREAS; Lessee is engaged in the business of maintaining
a Gift and Sundry Shop , 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 upon the terms and conditions hereinafter
states ,
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NOW, THEREFORE , for and in consideration of the premises
. and of 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. USE OF THE AIRPORT . Lessee shall be entitled to
the use, in_ common with others authorized to do so , of the
• Airport and appurtenances , together with all facilities ,
, 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 Gift and Sundry Shop
and has- the right to maintain a Gift. and Sundry Shop within
the leasehold described hereafter in PART B which shall
.include :
•
1 . The retail sale of gift and sundry items
normally associated with an airport gift .shop ;
2 . The retail sale o'f books , magazines , news
papers , confectionary products , tobacco products and
personal grooming products and •
3 . Provide such services normally furnished
. by a Gift and Sundry Shop and as; are compatible with other
activities of the Airport .
B . ' LEASEHOLD. Lessee does hereby lease ; for its
exclusive use the following described property:
A 303 square foot gift shop located within
the passenger terminal :b.uilding at Key West
• International Airport ;as designated in Ex-,
hibit "A" attached hereto and made a part •
•
hereof . •
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The -e.e shall promptly execute and comply all
statutes , ordinances , rules , orders , regulations and require-
. . ments of the Federal , State and/or County or, City governments ,
any and all of their Departments and Bureaus , which are appli--
• cable to said premises . .
C .• RIGHT OF INGRESS AND EGRESS . The -right of ingress
to and egress from, but not theuse of, except as provided
in this lease, the premises and facilities referred to in
Sections "A" and "B" inclusive above , for Lessee , its employ-
. ees , agents , patrons , its suppliers of materials or furnishers
of service, 'its equipment, vehicles , machinery or other property,
without charge to Lessees its employees , agents , patrons ,
suppliers of. materials or furnishers of service or their said
property except as herein otherwise provided; and provided
further that nothing herein contained shall be deemed to limit
Lessor ' s right to impose charges upon ground transportation
services .
ARTICLE . II - TERM
This lease and all rights herein granted Lessee shall
become operative and effective on October 1 , 1983 , and terminate
on September 30 , 19.84 , unless sooner terminated as hereinafter
provided. The Lessee shall have the option to renew the lease
for an additional one (1) year provided that written evidence
of such renewal is given to the' Lessor in writing thirty (30)
days prior to the end of the term provided herein, said notice
• to be . given in 'accordance with Article XXI . •
• ARTICLE III -! RENTALS AND FEES •
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• A. Lessee agrees to pay Lessor at such places. as Lessor
may designate for the. use of the premises , facilities , rights , •
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licenses , services and privileges granted hereunder, the fol-
lowing rentals, fees and charges , all payable in monthly in-
stallments covering the ensuing' calendar month . In the event .
• that the commencement or termination of the term with respect
to -any of. the particular •premis;es , facilities , rights , licenses ,
services and privileges as -herein provided falls on any date
other than the first or last day of a calendar month, the
. applicable rentals , fees and charges- for that month shall be
paid for said month prorata according to the number of days
in .that month during which said, particular premises , facilities ,
rights , license's , services and privileges .were enjoyed; and -
the Lessee . agrees to pay on or before 'the 15th day of each
• month following the last day of: each calendar month throughout
the leasehold term:
1 . $250 . 00 per month for use of the 303
square foot gift . shop at the passenger terminal , including
electricity.
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.2 . 4% of gross revenues over $25 , 000 . 00 re- .
sulting from the conducting of ;a Gift and Sundry Shop
.business at Key West International Airport .
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• B . The Lessee hereby agrees to maintain Financial
Records utilizing normally accepted accounting procedures .
• The Lessee further agrees . that the aforementioned records •
will be made available to the Lessor, if it so desires ,
for formal audit. at most once each six months . Furthermore ,
the Lessor has the right' to inspect said records during
normal business hours at any time . •
C . The Lessee shall present a schedule of rates and
• . charges to the Lessor for approval. and such rates and charges ,
shall prevail only after approval by the Lessor . Said schedule
shall be subject to periodic review and renewal of, or denial
of approval thereof by the Lessor .
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IllitS AND 'ASSESSMENTS : - . Lessee shall pail. taxes
- - . and assessments which may be lawfully levied by the duly
-- • constituted taxing body upon Lessee 'with respect to its operatiOn
' - • at the Airport. The Lessor agrees not to levy any license or. •
' permit fee or special aSseSSment on Lessee that would' restrict
. • or interfere with the exercise and enjoyment of the . rights. and
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privileges ' granted herein; 'provided this shall not, prevent the . .
• . Lessor from making charges to Lessee for the use of_ the .Airport, ..
. -. • its facilities and services as herein Specifically authorized:
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, .. E.. . Lesseeshall pay for gas used by Lessee• all. water and.
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. . , on said premises , - and any license fees , and State, Countyand':
- . City :taxes: includingr.the sales rental tax . .
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. F. DEFAULT FOR FAILURE TO. PAY RENTALS, FEES AND. CHARGES.. ..
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• . . (1) . The prompt Paymefr ofthe - rent- for said premises . : .
upon the termS named,. . and-thefaithful observance. of -the rules ,
• - regulations. and. direttives -which are by reference made . a part
hereof, and. of such other and fiErther rules ,' regulations and/or
. .
• . . ' directives as may be hereafter Made by the- Lessor-are . the
: — conditions which the lease4is made and accepted, and any *.
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• .. :failure on the part of the Lessee-torcomply with the terms of . , •
: .. this lease, or .any of said ruleS. and .regulations or directives , ' • .
- : -. now in existence, or which may hereafter be prescribed by the
• . Lessor, shall at the option: of the Lessor, work a forfeiture
of this lease, and all of the rights of the Lessee hereunder,
• : ' - and 'thereupon:the Lessor, its agents or employees shall have
the right :to: enter said premises , and remove all persons and •property, if desired, therefrom forcibly or otherwise, and the . •
.: ... . Lessee hereby expressly. waives any and all notice required by
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• law to' terminate tenancy,. and ' also waives any and all legal - .
.. proceedings to-_ recaver, possession of said premises , and expressly ,
• . .. • .agrees that in the eventof: a violation -of any of theHtermS of
. -.. this lease,' or of said rules ; 'regulations or . directives , now
in existence, or which may hereafter be made, said Lessor, its . .
- . . agents or empleyees, may immediately re-enter said premises and , -
• dispossess Lessee without legalinotice •or the'institution:of
• -• any legal proceedings whatsoever
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• , . (2) In- addition',tothe acts of def.ault elsewhere
defined, the cOMmission- ofany of the following acts by the
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. . Lessee. shall cOnstitutp -a default, and this. lease may be., :
' . - •• ' terminated by the. Lessor' immediately upon notice in writing
to the Lesseebandon, - deserty vacate, or. discontinue - operations .-
. . on the_premises , or petition for any bankruptcy or insolvency, . . .
or be adjudicated bankrupt, or make a general assignment for : •
the benefit. of' Creditors ; or suffer a nen to be filed against
. .
- . the premises ,, br permit a receiver• Or • ttustee to come into
- • . . - posseSsion. without removing them,' within' a reasonable' time .- . . .
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• • . - . ARTICLE IY - ' SERVICES TO PUBLIC ' • .
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The Lessee' agrees that in furtherance of. the privileges
. •and uses permitte& hereunder: - , .. .
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. • • .: 1 . To furnish geed,, prompt and efficient Service . • ' .
-. . adequate to mee.t ' all the demandS fer its service .at the • . •. • airport ;. , . • - . • '
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2 . -To furnish 'said service on a fair, equal and . . : . .
• . nondiscriminatory basis to all users thereof; and • - .- .- - -
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.3:. • To charge fair, reasepable. and nondiscriminatory
prices for each unit of sale oriservice :.. . PROVIDED that the• • - Lessee may be allowed to make „reasonable and nondiscriminatory
ddiscounts ,' rebates .Or other similar :types: of 'price 'reductions . - .
... to volume purchasers .-
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The "service" as used in sub- sections 1 , id 3
of ARTICL ; shall include furnishing of labor, materials
and supplies , related to Gift and Sundry Shop operation •
including the sale thereof, as..well as furnishing 'service .
• ARTICLE V - - RIGHT TO LEASE PROPERTY •
Lessor represents. that it has the right to .lease the
Airport, together with all premises , facilities , rights ,
licenses , services and privileges herein granted, and has .
• full power and authority to enter .into this agreement in
respect. thereof. •
•
ARTICLE . VI - RIGHT TO PURCHASE SUPPLIES AND MATERIALS
Lessee shall , except as herein otherwise provided, .have
the right to purchase or .otherwise obtain personal property
.deemed by it to be required. by or incident to, Lessee ' s
operations , ' its exercise of theirights herein granted and
its discharge of the obligations herein imposed, from. any
person, partnership , firm, association or corporation it may
• choose . Except as herein otherwise specifically . provided,.
no charges , fees , or tolls , . of any. nature, direct or indirect,
shall be charged by Lessor, directly or indirectly, against
. Lessee or its suppliers , 'for the . privilege of purchasing,
selling, using, storing, withdrawing, handling, consuming,
loading or unloading, or delivering any such personal property
of. Lessee by. Lessee or its .suppliers or for the privilege. of
transporting such personal .property or persons to , from or
on the Airport .
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Nothing i.n this lease shalt be 'deemed to restrict in any . .
manner Lessor ' s right to. charge any person, partnership , ' firm,
association or corporation rentals for the use of Lessor ' s ,
property or any improvements thereon or thereto where such
use of said property or improvements are of a regular or
permanent nature as distinguished from temporary or transitory
nature or where such use is of Such a nature as to constitute _
• the performance of .a. commerciall business at the Airport .
ARTICLE VII - MAINTENANCE AND OPERATIONS BY LESSOR
Except as -otherwise specifically provided herein, Lessor
during the term of this lease, shall operate, maintain and •
• keep in good repair the Airport', Terminal Building, vehicular
parking space, all appurtenances , facilities and services now
or hereafter connected with the; foregoing, including , without
limiting- the generality hereof,; all field lighting and other •
• appurtenances , facilities and services which Lessor has agreed
to furnish and supply hereunderl. Provided, however, that Lessor •
'shall not be required to perform maintenance and make repairs
occasioned by, negligence of Lessee or its employees , fire .or
• other casualty expected, and in which case Lessor may perform •
such maintenance or 'make' such repairs and charge the reasonable
cost of same to Lessee . Provided also that Lessor may abandon
certain facilities which are no, longer reasonably justified
for proper and- adequate operation of the Airport . Lessor shall
• keep 'the Airport free of obstructions , including the clearing
and removal of grass , stones , or other foreign material , as
reasonably necessary and with reasonable promptness , from the
runway, taxiway and loading areas for the safe, convenient and
•
proper use of the Airport,' and ;shall maintain and operate . the
Airport in all respects in a manner at least equal to .the
highest standards or ratingsIs;sued by the Federal Aviation
Administration,. for airports of substantially similar size and
character and. in accordance with all rules and regulations of
the Federal Aviation .Administration and any other Governmental
• Agency' having jurisdiction thereof, providing that . nothing
•
herein. contained shall be deemed to require Lessor to. enlarge
the 'Airport or to. make extensions or additions to the landing
a.rea, . runway, taxiway, or other :appurtenances of . the Airport.
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AR-: VIII - MAINTENANC-E AND OPERATIONS B1SSEE
• Y
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Lessee hereby accepts the premises in the condition they
• are in at the beginning of this !lease , and agrees to_ maintain
said premises in the same condition, order and repair as they
are at the commencement of saiditerm, excepting only reasonable
• wear and tear arising from the use thereof under this agreement,
and to compensate said Lessor immediately upon demand for any
damage to said premises caused by any act or neglect of Lessee ,
or of any person or persons in their employ or under the control
of the Lessee .
•
• The Lessee agrees, to maintain the ' premises in a clean •
. condition, and to maintain an adequate number of covered metal
waste containers at .suitable locations , and shall . deposit all •
trash and waste therein for proper disposition of such waste
materials at .the disposal grounds designated by the Lessor. •
It is understood and agreed that no signs or advertising.
and no awnings shall be erected ,on or in connection with the
premises leased hereunder, unless the same shall be first
submitted to and approved by the Lessor' in writing .
• ARTICLE IX - GOVERNMENTAL FACILITIES •
It is expressly agreed that if funds for the provision,
maintenance and operation of the Control. Tower and/or other
. air navigation aids or. other facilities required or permitted
. by the United • States which are' how, or may be hereafter fur-
nished by the United 'States , are discontinued by ,the United
• States , Lessor shall not 'be- required to furnish said. facilities .
ARTICLE X - RULES AND REGULATIONS
Lessor shall have the . right to and shall adopt and enforce .
reasonable rules and regulations , which Lessee agrees to. observe
and obey, with respect to the use of the' Airport and appurtenances ;
• provided that 'such rules and regulations shall not be inconsistent
with this agreement nor with the safety and with rules , regulations
and orders of - the Federal Aviation Administration with respect to
aircraft operations at the Airport , with procedures prescribed
or approved from time to. .time by the Federal Aviation Administra--
tion with respect to the operation of aircraft of the. Airport .
•
Lessor shall provide. Lessee with a copy of such rules and
regulations from time to time .
ARTICLE XI - DAMAGE OR DESTRUCTION- OF PREMISES •
In the event the premises 'shall be partially. damaged by
fire, explosion, the elements , :the public enemy or other
•
casualty, but not• rendered untenantable, the same shall be
repaired- with due diligency by Lessor at his own costs and
expense . If the damage shall -be so extensive as to render
such .premises untenantable but capable of being repaired' within -
thirty (30) days , the same shalil be repaired with due diligence
by Lessor 'at its own cost and expense, and' rent payable here-
,under shall be proportionately paid up to the time . as the
premises shall be fully restored In case the premises is
• completely destroyed by fire, - explosion, the elements , the •
• public enemy or other casualty,; or so damaged that it will or
• does remain untenantable for more than thirty, (30) days , the
Lessor shall be under no obligation to repair and reconstruct
the premises , and rent payable hereunder with respect to Lessee ' s
exclusive space in said premises shall be proportionately paid
up to the time of such damage or destruction and shall thence-
' forth cease until such' time as 'Ithe premises may be fully restored.
If within ninety (90) days. after such damage or destruction,
Lessor 'fails to notify Lessee o'f its intention to repair or
reconstruct the damage -or destroyed premises or to furnish a
substantially equivalent facility, Lessee may give Lessor
written notice of its intention to then cancel this agreement
in- its entirety or to cancel as of the date of such damage or
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destructs—uch part.•of this agreement as relately
• to said premises .
ARTICLE XII - CANCELLATION BY LESSOR •
The Lessor may cancel this : agreement by giving Lessee
thirty (30) days advance' written notice to be served as here-
inafter provided upon or after the happening of any one of
the following events :
•
• a. - The filing by Lessee of a voluntary petition in
bankruptcy.
• b . The institution of. proceedings in bankruptcy against
Lessee and adjudication of Lessee as 'bankrupt pursuant to • such
proceedings .
c. The' taking by a court; of jurisdiction of Lessee and
its assets pursuant to proceedings brought under -the provisions
of any Federal reorganization act .
•
d. The appointment of a receiver of Lessee ' s .assets .
e . The divestiture of Lessee ' s .estate herein by other
operation of law. .
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f. . The abandonment by Lessee of its conduct of Gift
and Sundry Shop at the Airport for a period of sixty (60) days .
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g . The lawful assumption; by the United States Government ,
or any authorized agency . thereo'f of the operation, control , or
use of the Airport and facilities , ,or any substantial part or
parts thereof, in . such manner a's substantially to. restrict
Lessee, or a period of at leas.t! ninety (90) days., from operating
thereon for the conducting of a, Gift and: Sundry Shop .
No waiver ofdefault by. the Lessor of any of the terms ,
covenants or conditions hereof to be performed, kept and .
' observed shall be construed to be or act as a waiver of any
subsequent default of any of the' terms , covenants and conditions
herein contained to be .performed, kept and observed by the
• Lessee shall not be deemed a waiver of any right on the part
• •of— the Lessor to cancel this lease for failure by Lessee to
• perform, keep or observe any of the terms , covenants or conditions
• of this lease: •
• ARTICLE XIII - 'CANCELLATION BY LESSEE
Lessee may cancel this agreement any time that Lessee is
not in default in its payments !to Lessor hereunder, by. giving
• Lessor sixty (60) days advance ;written notice to -be served as
hereinafter provided, upon or after the happening of .any one
Of the following events: . •
a. Issuance by any court of competent jurisdiction of
an injunction in any way preventing or restraining the use
of the Airport or any .part, thereof for airport' purposes , and
the remaining in force of such injunction for .a 'period of at
least ninety: (90) days .'
b . The inability. of Lessee to use, for a period in
excess of ninety (90) days , the Airport or any of the premises , •
facilities , rights , 'licenses , services or privileges leased
to Lessee hereunder, b.ecause ,of fire, explosion, earthquake ,
other casualty, or acts of God ;or the public enemy, provided •
• • that same is not caused by negligence or willful acts of '
failure to ' act on part. of. Lessee .
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c . default' by the Lessor in performance any •
covenant or agreement herein required to be performed by the
Lessor and the failure of Lessor to remedy such default for
a period of ninety '(90) days after receipt from Lessee. of
• .written notice . to remedy...same ; provided, however , that no
• notice of cancellation, as provided above , shall be of any.
force or effect if Lessor shall have remedied the default
prior to 'receipt of Lessee ' s notice of cancellation.
d. The lawful assumption ;by the United States Government
or any authorized agency thereof of the operation, control or
use of the Airport. and facilities , or any substantial part or
• parts thereof, in such . a manneras substantially to restrict
Lessee, for a period of at least .ninety (90) days , from operating
thereon for the conducting .of a ; Gift and Sundry Shop .
•
Lessee ' s performance of all or any part of this agreement'
• for or during any period or periods 'after a default of any of
the terms , covenants and conditions herein contained to be
performed, kept and observed byLLessor, shall not be deemed a
waiver of• any right on the • partof the Lessee to cancel this
agreement for failure by Lessor : to so perform, keep or observe
any of the terms , • covenants or conditions hereof to be performed, .
kept or observed. No waiver of; default by Lessee. of any of the .
terms , covenants or conditions hereof to be preformed, kept
and observed •by. the Lessor shall be construed to be or act as a
waiver by Lessee of any subsequent default of any of the' terms ,
covenants and conditions hereinicontained to be performed', kept
and observed by the Lessor . •
•
• ARTICLE XIV - INDEMNITY •
•
Lessee agrees fully to indemnify, and save and hold harmless , -
the Lessor from and against all claims and actions and all expenses
incidental to the investigation and defense -thereof, based upon
• or 'arising out of damages or injuries to third persons or their
• property, - caused by the negligence of Lessee , its agents or
• employees ,. in the use or occupancy of 'the said leased premises
. by Lessee ; provided, however, that Lessee shall not 'be liable for
any injury or damage or loss occasioned by the negligence of
• . Lessor; . its agents or employees;; and provided, further that
Lessor shall give to Lessee prompt and reasonable notice of any • •
such' clainis or 'actions and Lessee shall. have the right to in-
vestigate; compromise and defend the same .
ARTICLE XV - INSURANCE •
•
Lessee 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 with minimum' limits of liability
for personal injury in a sum not- less than $100 , 000 for any one
(1) person, and $300 ,'000 - for any one accident ; and for property
damage in' a .sum not less than $i50., 000 ; - and to furnish Lessor
• with proper certificates 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 .
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' ARTTCLE XVI - RISK - •
All personal property placed or moved in the premises
above described shall be at the risk of the Lessee or Owner
thereof, and Lessor' shall not be liable to the Lessee for damages
arising: from any act of negligence of any co-tenant, or of any
person whomsoever, except as stipulated hereinabove . •
ARTICLE XVII ;- QUIET ENJOYMENT •
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Lessor agrees. that, on payment of the rent and performance .
:of the covenants and agreements .on the part of Lessee to be
performed hereunder, Lessee shall peaceably have and enjoy the
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. leased AMU and all rights and privileges ofkirport,
its appurtenances and facilities. granted herein.
ARTICLE XVIII - .SURRENDER OF POSSESSION •
Upon the expiration or other termination of this lease •
or any renewal thereof,. Lessee ' s right to use the premises ,
facilities , rights , licenses , services and privileges herein
leased shall cease and Lessee shall forthwith upon such expira-
• tion o.r termination surrender the same . •
Except as otherwise provided in ARTICLE XVIII , all structures ,
fixtures , improvements , equipment and other property bought, in=
stalled, erected or placed by Lessee in, on or about the Airport
and premises leased under this lease shall be deemed to be personal
and remain the property of the Lessee and Lessee shall have the •
. right at any time during the term of this agreement, or any
renewal or extension hereof, to remove any or all of its property
' from the Airport;' provided, however, that Lessee is ' not in default
in its payments to Lessor hereunder and. provided Lessee shall
restore said premises to its original condition as at the begin
ping of occupancy, ordinary wear and tear, damage by elements ,
' fire , explosion, or other causes beyond control of Lessee excepted.
Any and all property not removed by Lessee as set 'forth herein,
shall thereupon become a. part of the premises. on which it is .
located and 'title thereto shall; thereupon rest on the Lessor; •
provided further that Lessor reserves the right to require Lessee
to remove such improvements andproperty at Lessee ' s expense .
ARTICLE XIX - DEFINITION OF TERMS
•
Whenever the term Federal Aviation Administration is used
in this lease, it . shall be construed as ,referring to the Federal
Aviation Administration created. by the Federal Government under
the Federal Aviation Act of 1958 , or such other Federal Government
authority as may be the successor thereto or to be vested with.
the same .or similar authority.
•
Whenever . the terms . "person" and "persons" are used in the
lease , they shall be construed 'as - including individuals , firms , •
corporations and other legal entities . When in this . agreement
written- approval by Lessor is required, such written approval
• may be given 'by 'the Director of Airports for Lessor . .
• ARTICLE XX IN'SPECTION BY LESSOR •
• • • Lessee shall not at any' ti;me assign this agreement or
any part thereof, nor sublet aLl or any portion of the leased
. premises herein- Without written approval of Lessor ; provided
that the foregoing shall not prievent the -assignment of this
agreement to any corporation with which Lessee may merge :or
consolidate, or which may succeed all or any portion of the
business of Lessee .
• ARTICLE XXI - NOTICES
•
Notices to- Lessor provided for herein shall be sufficient
if sent by certified mail , return receipt requested, postage
prepaid, addressed to :
•
. . • Director of Airports , Monroe County
Key West International Airport
S. Roosevelt •Blvd .
• Key West, FL ' 33040
•
and notice to Lessee, if sent by certified mail , return receipt
•
requested, postage prepaid., addressed to :
•
•
•
•
•
-8-
B & E ENTERPRISES'
' 201B Key West By The Sea
Key West, FL 33:040
Attn: Elfriede Bf. Cox •
•
or •to such other respective addresses as the parties may designate
to each other in writing from time to 'time . •
ARTICLE XXII - PARAGRAPH HEADINGS
•
The •paragraph headings contained herein are for convenience
of .reference and .'are not intended to define or_ limit the scope
of any provision in this lease .
•
ARTICLE XXIII - 'INVALID PROVISIONS
. In the . event any covenant, condition or provision herein
• contained is held to be invalidity any court of competent juris •
-
diction, the invalidity of any such covenant , condition or
. provision shall in no way affect any other covenant, condition
er provision herein contained; provided that the invalidity of
such covenant, condition or provision does not materially pre-
judice either ' Lessor. or Lessee in its respective rights and
obligations contained in the valid covenants , conditions or
provisions of this lease .
•
ARTICLE XXIV - COVENANT NOTTO 'GRANT MORE .FAVORABLE TERMS
Lessor covenants and agrees not to enter into. any lease , •
• contract 'or agreement with any Other Gift .and Sundry Shop, with
• • respect to the Airport containing more favorable terms ,than •
this lease or to grant to any other Gift and Sundry Shop •
. rights , privileges or concessions with respect to the said
Airport which are not in accord to the Lessee hereunder unless
the same terms ; rights , privileges and concessions are con-
Currently made available to the ' Lessee .
ARTICLE XXV - SUCCESSORS AND ASSIGNS BOUND BY COVENANTS
•
All the covenants , .stipulations and agreements in this
lease shall extend to and bind the legal representatives ,
successors and .assigns of the respective parties hereto..
•
• ARTICLE XXVI - 'NONDISCRIMINATION CLAUSE
•
The Lessee in exercising any of the rights or privileges
herein granted to him shall notion the' grounds of race , color
or national origin discriminate; or permit discrimination against
any other person or groups of persons in any manner prohibited
by Part 15 of the Federal Aviation Regulations , and the Lessor •
is hereby granted the right to take such action, anything to • •
•
the contrary herein notwithstanding, as the United States may
direct to enforce this non-discrimination covenant .
ARTICLE XXVII - INTERPRETATION OF LEASE
•
Nothing in this 'lease shall be construed or interpreted. in
• any manner, whatsoever as limiting, relinquishing , or waiving
of any rights' of ownership -enjoyed by Lessor in the Airport
property, or in any manner waiving or limiting its control •
over the operation, maintenance!, etc . , of Airport property or
in derogation of such governmental rights as Lessor possesses ,
except as is specifically provided for herein .
•
IN 'WITNESS WHEREOF, the'.pa;rties have caused this lease
to be executed-as of the day and year first above. written.
r
COUNTY OF MONROE
• STATE OF FLORIDA
/ /
s- ; J
By ;•d=:�% ,
Charm 'iman o/ the Board of
County .Commissioners of
Pi o - roe County, Florida •• ••
Attest:
JIM11-1 WATETEn CLERK .
(SEAL)
.1. ,,,,,t,.'„,0 nit . riLet.a A,.) d. ( . .
• Cler
• LESSOR
• i
• B & E ENTERPRISES
• ByL . � ,. fit%
Witnesses : Elfiede B. Cox /
• V 9 Lip
--
/e79�t� f`Gi '•
As o Lessee '
LESSEE
• •
•
•
•
•
•
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