Resolution 314-1983
County Commission
RESOLUTION NO. 314 -1983
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN THE COUNTY OF
MONROE, STATE OF FLORIDA, AND NATIONAL COMMUTER
AIRLINES, INC. FOR THE PURPOSE OF OBTAINING CERTAIN
RIGHTS, SERVICES AND PRIVILEGES AT KEY WEST INTER-
NATIONAL 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
Commissioners of Monroe County, Florida, is hereby authorized to
execute an Agreement by and between the County of Monroe, State
of Florida, and National Commuter Airlines, Inc., a copy of same
being attached hereto, for the purpose of obtaining certain
rights, services and privileges at 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 10th day of November, A.D. 1983.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
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Chairman
(Seal)
Attest:
;o.ANNX L. KOLHAGE, p~i'1t
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APPROVED AS TO FORM
AND LEGAL SUFFICIEfV(,;-f
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A G R E E MEN T
THIS CONTRACT OF LEASE is made and entered into on the -'b+~
day of ~ ()V(t\\~{'\ , 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 NATIONAL COMMUTER
AIRLINES, INC., a corporation organized and existing under the laws
of the State of Florida, hereinafter referred to as Lessee.
WIT N E SSE T H:
WHEREAS, Lessor owns an airport known as the Key West Inter-
national Airport located in Key West, Monroe County, State of
Florida, hereinafter called the "AIRPORT", and
WHEREAS, Lessee is engaged in the business of air transporta-
tion with respect to persons, property, cargo, and mail, and
WHEREAS, Lessee desires to obtain certain rights, services and
privileges in connection with the use of the Airport and its faci-
lities; and the Lessor is willing to grant and lease the same to
Lessee on a non-exclusive basis upon the terms and conditions here-
inafter stated,
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.
PREMISES LEASED.
The Lessor does hereby lease to the
Lessee that space as marked as enclosed on Exhibit "A" attached
hereto and made a part hereof at the Key West International Airport
located in Key West, Monroe County, Florida, in accordance with the
terms and conditions as set forth in this agre,ement.
B.
USE OF THE AIRPORT.
Lessee shall be entitled to use,
in common with others authorized to do so, of the Airport and
appurtenances, together with all facilities, equipment, improvements
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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
transportation system by aircraft for the carriage of persons,
property, cargo, mail and related purposes (hereinafter referred to
as Air Transportation), which use without limiting the generality
hereof, shall include:
1. the handling, ticketing, billing and manifesting
of passengers, baggage, cargo, property and mail
in Air Transportation by Lessee.
2. the landing, taking off, flying, taxiing, towing
parking, loading and unloading of, Lessee's air-
craft, or other equipment operated by Lessee, used
in the operation of scheduled, special and charter
flights, including without limiting the generality
hereof, the right to load and unload Lessee's air-
craft adjacent to Lessee's temporary terminal build-
ing, upon approval of the Supervisor of the Marathon
Airport.
3. the loading and unloading of property, cargo,
and mail at said Airport by such motor vehicles
or other means of conveyance as Lessee may re-
quire in the conduct of Air Transportation, with
the right to designate the particular carrier or
carriers who shall regularly transport Lessee's
property, cargo and mail to and from the Airport.
C.
SPACE ADJACENT TO TERMINAL BUILDING.
Lessee is hereby
granted non-exclusive use, in common with others, of such space and
facilities as may be designated by Lessor in or adjacent to said
Terminal Building consisting of a ground area to permit the taxiing,
servicing, loading and unloading of Lessee's aircraft, space for
reasonable amount of apron equipment, loading gates, and lighting
for loading ramps and for other areas adjacent to the Terminal Build-
ing and used by passengers.
Lessee may use such space and facilities in the Terminal Build-
ing with respect to which it is granted the non-exclusive use
hereunder, subject to reasonable rules and regulations of Lessor as
,to the use of such space and facilities, for any or all purposes in
connection with or incidental to its business of Air Transportation
including, without limiting the generality hereof, the handling,
ticketing, billing and manifesting of passengers, baggage, cargo,
property and mail and the installation, maintenance and operation of
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radio and other communications equipment and facilities, and meter-
ological and navigation equipment and facilities.
D. PARKING SPACE. Adequate and reasonably convenient vehicu-
lar parking spaces shall be provided by Lessor at a location selected
by Lessor, where it will not interfere'with operations at the Air-
port, for the use of Lessee and its employees.
E. RIGHT OF INGRESS AND EGRESS. The right of ingress to and
egress from, but not the use of, except as provided in.this lease,
the premises and facilities referred to in Sections "A" to "D" inclu-
sive above, for Lessee, its employees, agents, passengers, guests,
patrons, its suppliers of materials or furnishers of service or their
said property except as 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 , 19____, and shall end on
the day of 19 unless sooner termin-
ated as hereinafter provided.
ARTICLE III - EQUIPMENT
Lessee agrees to operate aircraft described as Norde (a French
made passenger aircraft) which have a capacity of 26 persons and
agrees not to furnish service in aircraft with a smaller capacity.
Failure at any time to furnish service with such passenger capacity
shall be cause ,for cancellation of this lea$,e by the County as per
the provisions of this lease.
ARTICLE IV - RENTALS AND FEES
Lessee agrees to pay Lessor at such places as Lessor may desig-
nate for the use of the premises, facilities, rights, licenses,
services and privileges granted hereunder, the following rentals,
fees and charges, all payable in monthly installments covering the
ensuing calendar month. In the event that the commencement of ter-
mination of the term with respect to any of the particular premises,
facilities, rights, licenses, services, and privileges as herein
provided falls on any date other than the first or last day of a
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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, facili-
ties, rights, licenses, services and privileges were enjoyed; and
Lessor shall, following the end of each calendar month, transmit to
Lessee a statement of the rentals, fees and charges incurred by
Lessee during said month as hereinafter provided, and the same shall
be paid by Lessee within fifteen (15) days after receipt of such
statement.
A. RENTAL WITH RESPECT TO SPACE ADJACENT TO THE TERMINAL.
Rental of such space herein leased to Lessee as shown on Exhibit "A"
attached hereto and made a part hereof, shall be at the following
rates payable monthly the first of said payments to be due the
day of
, 198
and one of said monthly
payments to become due and payable on the first day of each and
every month thereafter during the term of this lease.
1. 144 square feet of public use area to be used as
a temporary ticket counter at $9.55 per square
foot per annum.
2. 238 square feet of baggage claim area at $5.46
per square foot per annum.
3. $120.00 per annum for use of the Airport Terminal
public address system.
4. Lessee shall pay sales tax on all the rentals
payable hereunder.
5. The terms and conditions of this lease are ineffec-
tive and shall not be operable until such time as
the first and last month's rent ii paid to the
Lessor.
In addition to the first month's rent, the Lessee shall pay to
the Lessor upon execution of this lease one month's advance rent.
B.
LANDING FEES.
From and after commencement of the term
of this lease, rentals, fees and charges for the use of the landing
area ,and facilities necessary therefore as granted hereunder, except
those which rentals are specifically provided elsewhere, shall be
combined in and represented by a landing fee based upon the approved
maximum landing weight of the Lessee's Actual Revenue Trip Arrivals
at the Airport each month as follows:
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$5.00 per aircraft as a minimum landing fee.
$.40 per 1,000 pounds of approved maximum gross
landing weight of aircraft whose gross landing
weight exceeds 12,500 pounds.
Lessee shall report to the Lessor not later than the 10th day of
each month, the Lessee's Actual Revenu~ 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, and
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.
The term "approved maximum gross landing weight" for any air-
craft as used herein, shall be the maximum gross landing weight
approved by the Federal Aviation Administration for landing such
aircraft at the Airport herein.
Subject to reasonable rules and regulations adopted by the
Lessor, it is expressly agreed that payment of landing fees shall
entitle Lessee to the use of the loading apron at or adjacent to
the Terminal Building for such reasonable time as may be required
by Lessee for the loading and unloading of its aircraft; provided,
however, that Lessee shall incur no penalty or charge for additional
time resulting from unavoidable delays due to weather conditions,
minor mechanical defects, or other delays beyond control of Lessee,
except when such delays preclude use of the apron by other commercial
air carriers that are operating to or from the Airport. Subject to
Lessee's rights under Article I hereof, the Lessor reserves the
right to designate alternate parking areas if deemed desirable or
necessary. Furthermore, in the event the Lessee desires to use the
Airport apron and ramp facilities for aircraft storage purposes for
more than twenty-four (24) hours prior approval must be obtained
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from the Lessor who will determine what apron or ramp areas are
available for this purpose and the Lessor shall have the right to
charge reasonable storage rates as mutually agreed upon between the
Lessee and Lessor.
c.
TAXES AND ASSESSMENTS.
Lessee shall pay all taxes and
assessments which may be lawfully levied by a duly constituted tax-
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ing 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 exer-
cise and enjoyment of the rights and 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.
D. DEFAULT FOR FAILURE TO PAY RENTALS, FEES AND CHARGES.
In the event Lessee fails to pay any rental on the first of each
month, such failure shall be a default of this lease. Lessor may,
at its option, immediately or at any time thereafter, enter into
and upon the premises hereby leased or any part thereof and in the
name of the whole, and repossess the same of Lessor's former estate,
and expel Lessee and those claiming by, through or under it, and
remove its effects, forcibly if necessary, without being deemed
guilty of trespass and without prejudice to any remedy which other-
wise might be used for arrears of rent or preceding breach of
covenant; on the re-entry aforesaid, this lease shall terminate.
Further, if Lessee fails to perform any of the other covenants of
this lease and such default shall continue for fifteen (15) days
after notice thereof is given in writing by the County, or failure
to correct any violation shall continue for fifteen (15) days after
notice thereof is given in writing by the County, or its agents or
attorneys to said Lessee, the County may, a~ its option, forthwith
declare this Lease forfeited, and may immediately re-enter and re-
poss,ess said leased property, and any of the rents prepaid hereunder
shall be forfeited by the Lessee, and in no way shall effect the
collection of any other damages which may be due the County as a
result of any of said defaults. In the event Lessor is obligated to
participate in any court proceeding in order to enforce any of its
rights under this paragraph or to collect its rentals, fees and
charges, Lessor, if successful in pursuing such litigation, shall
be entitled to an additional amount in such sum as any District or
Circuit Court having competent jurisdiction shall determine as a
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reasonable attorney's fee. Lessor shall keep the Airport free of
obstructions, including the clearing and removal of grass, stones,
or other foreign matter, as reasonably necessary and with reasonable
promptness, from the runway, taxiway and loading area, and immedi-
ately adjacent to such runways, taxiway and loading areas for the
safe, convenient and proper use of the Airport by Lessee, and shall
maintain and operate the Airport in all respects in a manner at
least equal to the highest standards or ratings issued 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 landing
area, runway, taxiway, or other appurtenances of the Airport. Les-
see shall not perform any cleaning or maintenance of aircraft
except in designated areas under separate lease. Further, it is
specifically agreed that no cleaning or maintenance of aircraft
shall be performed on Airport runways or ramps. Lessee shall pay
for its own electrical power in its exclusive areas, which power
shall be separately metered. The Lessee shall, at its expense, re-
pair, maintain or replace, as may be required, all plumbing fixtures,
electrical incandescent bulbs or fluorescent tubes or other lighting
devices located in its exclusive areas within the space leased here-
under. Lessor, at its cost, shall also prov~de and supply adequate
lighting for the common departure area, vehicular parking spaces,
loading ramps, adequate field lighting on and for the Airport, in-
cluding without limiting the generality hereof, landing lights and
beacons. Lessor shall also provide janitorial services necessary
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to keep the common departure area, the public and passenger space,
and vehicular parking spaces and the landing field of the Airport
at all times clean, neat, orderly, sanitary and presentable. Deter-
mination of adequacy, as used throughout this ARTICLE IV, shall be
made solely by Lessor but shall be at least equal to the standards
for airports of substantially similar size and nature.
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ARTICLE V - GOVERNMENTAL FACILITIES
It is expressly agreed that if funds for the provision, main-
tenance and operation of the Control Tower and/or other air naviga-
tion aids or other facilities required or permitted by the United
States and needed by the Lessee or Lessee's operation at the Airport,
which are now, or may be hereafter furnished by the United States,
are discontinued by the United States, Lessor shall not be required
to furnish said facilities.
ARTICLE VI - 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 use of Airport property; provided that
such rules and regulations shall not be inconsistent with this agree-
ment nor with the safety and with rules, regulations and orders of
the Federal Aviation Administration with respect to aircraft opera-
tions at the Airport and with procedures prescribed or approved from
time to time by the Federal Aviation Administration with respect to
the operation of Lessee's aircraft at the Airport.
Lessee hereby agrees with the Lessor that they will comply
with any and all FAA regulations, Florida Department of Transporta-
tion regulations and rules, any rules and regulations adopted by
the County Commission and/or the Airport Director of Monroe County,
and will abide by all laws of the State of Florida and of the
United States, and that Lessee further agrees that in the event
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of any infraction of the foregoing that the Lessor, at its option,
may cancel said lease.
Lessor shall provide Lessee with a copy of such rules and regu-
lations from time to time.
ARTICLE VII - CANCELLATION BY LESSOR
The Lessor may cancel this agreement by giving Lessee fifteen
(15) days advance written notice to be served as hereinafter provided
upon or after the happening of anyone of the following events:
1. The filing by Lessee of a voluntary petition in
bankruptcy.
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2. The institution of proceedings in bankruptcy against
Lessee and adjudication of Lessee as a bankrupt
pursuant to such proceedings.
3. The taking by a court of jurisdiction of Lessee
and its assets pursuant to proceeding brought
under the provisions of any Federal re-organiza-
tion act.'
4. The appointment of a receiver of Lessee's assets.
5. The divestiture of Lessee's estate herein by
other operation of law.
6. The abandonment by Lessee of its conduct of air
transportation at the Airport for a period of
thirty (30) days.
7. The default by Lessee in the performance of any
covenant or agreement herein required to be per-
formed by Lessee other than failure to pay rentals,
fees and charges when due for which provision is
made in Article IV D, and the failure of Lessee to
remedy such default for a period of thirty (30) days
after receipt from the Lessor of written notice to
remedy the same; provided, however, that no notice
of cancellation, as above provided, shall be of
any force or effect if Lessee shall have remedied
the default prior to Lessee's hoticeof cancella-
tion.
8. 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 manner as substantially to
restrict Lessee, for a period of at least sixty
(60) days, from operating thereon for the carry-
ing of passengers, cargo, and property.
No waiver of default by the Lessor of any of the terms, coven-
ants 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 per-
formed, 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 so perform, keep or observe any of the terms,
covenants or conditions of this lease.
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ARTICLE VIII - CANCELLATION BY LESSEE
Lessee may cancel this agreement any time that ~essee is not in
default in its payments to Lessor hereunder, by giving Lessor thirty
(30) days advance written notice to be served as hereinafter provided,
upon or after the happening of anyone of the following events:
1. Issuance by any court of competent jurisdiction
of an injunction in any way preventing or restrain-
ing the use of the Airport or any part thereof for
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airport purposes, and the remaining in force of
such injunction for a period of at least ninety
(90) days.
2. 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, ser-
vices or privileges leased to Lessee hereunder,
because 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.
3. The default by the Lessor in performance of 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.
4. 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 manner as substantially
to restrict Lessee, for a period of at least
ninety (90) days, from operating thereon for the
carrying of passengers, cargo, property, and
United States Mail.
S. The failure or refusal of the Civil Aeronautics
Board to grant Lessee the right to operate into
and from said Airport and the issuance by the
Civil Aeronautics Board of a final order of
suspension, termination or revocation of Lessee's
authority to provide service at Marathon Airport,
Monroe County, Florida.
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 by Lessor, shall not be deemed a waiver of any right on the
part of Lessee to cancel this agreement for failure by Lessor to so
perform, keep or observe any of the terms, covenants or conqitions
hereof to be performed, kept or observed. No waiver of default by
Lessee of any of the terms, covenants or conditions hereof to be per-
formed, 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 herein contained to be performed,
kept and observed by the Lessor.
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ARTICLE IX - INDEMNITY
Lessee agrees fully to indemnify, and save and hold harmless, the
Lessor from and against all claims and actions and all expenses inci-
dental to the investigation and defense thereof; based upon or arising
out of damages or injuries to third pe+sons or their property, caused
by the negligence of Lessee, its agents or employees, in the use or'
occupancy of the said leased premises, runways, ramps or common areas
at the Airport 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 claims
or actions and Lessee shall have the right to investigate, compro-
mise and defend the same.
Lessee agrees to carry, and keep in force, public liability in-
surance 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 in-
jury 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 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 busi-
ness in the State of Florida.
ARTICLE X -~IET ENJO~~NT
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 leased premises
and all rights and privileges of said Airport, its appurtenances and
facilities granted herein.
ARTICLE XI - SURRENDER OF POSSESSION.
A. 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 Le~see shall forthwith upon such expiration or termination sur-
render the same.
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B. Lessee agrees to render up possession of the leased
premises if such operation shown herein does not continue on a 365-
day year around basis.
ARTICLE XII - DEFINITIONS 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 to 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 XIII - INSPECTION BY LESSOR
Lessor may enter upon the premises now or hereafter leased ex-
elusively to Lessee hereunder at any reasonable time for any purpose
necessary, incidental to or connected with the performance of its
obligations hereunder, or in the exercise of its governmental func-
tions.
ARTICLE XIV - ASSIGNMENT AND SUBLETTING
Lessee shall not at any time assign this agreement or any part
thereof, nor sublet all or any portion of th~ leased premises here-
in without written approval of Lessor passed by resolution of equal
solemnity as the passage and execution of this document; provided,
however, that Lessor shall not unreasonably withhold approval. The
prohibitions above stated include 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 XV - NOTICES
Notices to Lessor provided for herein shall be sufficient if sent
by certified mail, postage prepaid, addressed to:
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Mayor and Chairman of the
County Commissioners of
County, Florida
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Board of
Monroe
and notice to Lessee, if sent by certified mail, postage prepaid,
addressed to:
National Commuter Airlines, Inc.
3022 N. W.79th Avenue
Miami, Florida 33122
or to such other respective addresses as the parties may designate
to each other in writing from time to time.
ARTICLE XVI - 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 XVII - INVALID PROVISIONS
In the event any covenant, condition or provision herein contained
is held to be invalid by any court of competent jurisdiction the in-
validity of any such covenant, condition or provision shall in no way
effect any other covenant, condition or provision herein contained;
provided that the invalidity of such covenant, condition or provision
does not materially prejudice either Lessor or Lessee in itsrespec-
tive rights and obligations contained in the valid covenants, condi-
tions or provisions of this lease.
ARTICLE XVIII - 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 XIX - NON-DISCRIMINATION CLAUSE
The Lessee in exercising any of the rights or privileges herein
granted to him shall not on the grounds of race, color or national
origin discriminate or permit discrimination against any 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 not withstanding,
as the United States may direct to enforce this non-discrimination
covenant. .
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ARTICLE XX - INTERPRETATION OF LEASE
Nothing in this lease shall be construed or interpreted in any
manner whatsoever as limiting, relinquishing, or waiving of any
rights or 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.
ARTICLE XXI
The Lessee agrees to accept the leased property in "as is"
condition and Lessor shall not be obligated to repair, maintain
or renovate same.
ART ICLE XXI I
Lessor reserves the right to move Lessee from the premises
being leased under the terms of this agreement within thirty (30)
days after permanent space becomes available for use by Lessee.
ARTICLE XXIII
Lessee shall not be obligated in any manner under the terms of
this agreement unless and until it obtains quiet possession of the
leased premises described in Article I of this agreement.
IN WITNESS WHEREOF, the parties have caused this lease to be
executed as of the day and year first above written.
(SEAL) u.n.-rv L.KOUIAGE, Cl~li
D.l\.L'u" .10,
Attest:. . ()
:h'{'r ~.r~
0' C lerk
COUNTY OF MONROE, STATE OF FLORIDA
By May~~~;':::m::-~ t~
of County Commissioners of Monroe
County, Florida
NATIONAL COMMUTER AIRLINES, INC.
By
President
(Corporate Seal)
Attest:
Secretary
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LOBBY
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NATIONAL
COMMUTFR
AIRLINES,
INC.
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AIR FLORIDA
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PASSENGER WAITING AREA
GIFT SHOP
MEASUREt1ENTS NOT TO SCALE
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EXHIBIT A