Resolution 265-1979
RESOLUTION NO. 265_1979
A RESOLUTION AUTHORIZING THE CHAIRMAN OF THE
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE A LEASE AGREEMENT BY AND
BETWEEN THE COUNTY OF MONROE, STATE OF FLORIDA,
M~D ISLAND CITY FLYING SERVICE, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COI1MISSIONERS
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 Agreement by and between the County of Monroe,
State of Florida, and Island City Flying Service, Inc.,
a copy of same being attached hereto.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the
'I :)th day of November, 1979.
BOARD OF COUNTY aONllISSIONERS
OF MONROE DNTY, FLORIDA
~
By
(Seal)
Attest:
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APPROVED 04$ TO FORM
AND LEGAL SUFFICIENCY.
BY .__
Attorn9'/s Offics
APPROVED ONI
BOOK"r
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LEASE AGREEMENT
THIS LEASE AGREEMENT, Made and entered into this
20th
day of
November
, 1979, by and between the
COUNTY OF MONROE, STATE OF FLORIDA, a political subdivision
of the State of Florida, hereinafter called the Lessor, and
ISLAND CITY FLYING SERVICE, INC., a Florida corporation,
hereinafter called the Lessee.
WHEREAS, the parties have previously entered into
Agreements for the leasing of certain land and facilities at
the Key West International Airport and the Marathon Airstrip
in Monroe County, State of Florida, said Agreements being
dated the 12th day of October, 1976, the 5th day of November,
1974, and the 21st day of February, 1978, respectively, and
WHEREAS, the parties desire to cancel the existing
Agreements and to enter into a new lease, now, therefore,
IN CONSIDERATION of the mutual covenants, promises, and
premises herein contained, the parties hereto agree as
follows:
That the Lessor hereby leases that certain property
described in Exhibit "A", hereto and made a part hereof,
located in Key West, Monroe County, Florida, and Key Vaca,
Monroe County, Florida, subject to the following conditions
and limitations which the parties mutually agree shall
apply:
1.
TERH.
The period of this lease shall be from
November 1, 1979, ~ntil S~ptember 3~, 1984 unless sooner
terminated in accordance herewith.
2.
RENTAL.
The Lessee covenants and agrees to pay
the L;ssor in advance for rent of said property during the
term of this lease as follows:
(a) $16,500.00 for the first 11 months payable
as follows:
(1) First and last months rent upon execution
of this Lease Agreement in the amount of
$3,000.00 plus tax and monthly thereafter
beginning on December 1, 1979, at $1,500.00
plus tax on the first of each and every
month.
Page 1 of 14 Pages
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. . .
(b) Each year thereafter beginning October 1, 1980,
the rental shall be increased 6% per year and
payment shall be made on a monthly basis plus
tax.
(c) For any renewals, rentals, as set forth in this
Lease Agreement, shall increase at a rate of
6% per year.
3.
RULES AND REGULATIONS.
The Lessee agrees to
strictly execute, comply with and abide by all applicable
rules, regulations and directives of the Lessor as presently
existing or as may be promulgated, changed or amended from
time to time, and it shall be the duty of the Lessee to
become and remain informed and familiar with the same as
promulgated, changed or amended, which by reference are
hereby made a part hereof. Failure or refusal to comply or
abide with the provisions of this article shall be cause for
termination of this lease.
4.
PERSONAL PROPERTY.
All personal property placed
or moved in or on the premises above described shall be at
the risk of the Lessee or owner thereof, and Lessor shall
not be liable for any damage or loss to said personal prop-
erty for any act of negligence of any co-Lessee or occupant,
or of any other person whomsoever.
5.
SAFETY, CORRECTION, ETC.
The Lessee shall
promptly execute and comply with all statutes, ordinances,
rules, orders, regulations, directives and requirements of
the Federal, 'State, County and City Governments and of any
and all of their departments and bureaus, applicable to said
premis'es for safet'y. and correction,' prevention and abatement
of nuisances or other grievances, in, upon or connected with
said premises and its operation.
6.
DEFAULT.
A. The prompt payment of the rent for
said premises upon the terms named, and the faithful obser-
vance of the rules, regulations and directives which are by
reference made a part hereof, and of such other and further
rules, regulations and/or directives as may be hereafter
made by the Lessor are the conditions upon which the lease
is made and accepted, and any failure on the part of the
Jage 2 of 14 Pages
\.ll.-
Lessee to comply 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 law
to terminate tenancy, and also waives any and all legal
proceedings to recover possession of said premises, and
expressly agrees that in the event of a violation of any of
the terms of this lease, or of said rules, regulations or
directives, now in existence, or which may hereafter be
made, said Lessor, its agents or employees may immediately
re-enter said premises and dispossess Les~~e without legal
notice or the institution of any legal proceedings whatso-
ever.
B. In addition to the acts of default elsewhere
defined, the, commission of any of the following acts by the
Lessee shall constitute a default, and this lease may be
terminated by the County immediately upon notice in writing
to the Lessee: Abandon, desert, vacate or discontinue
operations on the prfimises or petition for any bankruptcy or
insolvency, or be adjudicated bankrupt, or make a general
assignment for the benefit of creditors, or suffer a lien to
be filed against the premises, or permit a receiver or
trustee to come into possession without removing them,
within a reasonable time.
7. COSTS AND ATTORNEY'S FEES. Lessee agrees to pay
all costs and expenses and a reasonable attorney's fee in
the event legal action is taken by the Lessor because of any
violation of the terms of this lease or of any code section,
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Page 3 of 14 Pages
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ordinance, regulation or rule applicable to the Lessee's use
of the premises including but not limited to those governing
the payment of rent.
8. FIXTURES. The said Lessee hereby pledges and
assigns to the Lessor the fixtures, and goods and chattels
of said Lessee, which shall or may be brought or placed on
said premises as security for the payment of the rent herein
reserved, and the Lessee agrees that the said lien may be
enforced by distress foreclosure or otherwise at the election
of the said Lessor, and does hereby agree to pay all costs
and charges therefor incurred by the Lessor.
9. ENTRY. The Lessor, or any of its agents, shall
have the right to enter said premises during all reasonable
hours, to examine the same as may be deemed necessary for
the safety, comfort or preservation thereof, and to determine
'if Lessee is in compliance with all of the~aforementioned
rules, regulations, directives and o.therwise.
10. CONDITION OF PREMISES. A. The Lessee acknowledges
and agrees that he has examined the premises, and is fully
advised of the condition and location thereof, and the limi-
tations and restrictions placed on any building, structure
or other object as to height, due to the proximity of the
landing and takeoff areas of the Airport. Lessee further
agrees to abide by aQd observe all such restrictions and
limitations, and agrees that the observance of such limita-
tions and restrictions, whether by municipal, county, state
or federal governmental authority, shall not in anywise
affect the Lessee's obligations under this lease.
B. 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 said
term, excepting only reasonable wear and tear arising from
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Page 4 of 14 Pages
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the use thereof under this agreement. Lessee further
agrees to make good to said Lessor immediately upon demand
any damage caused by any act or neglect of Lessee, or of any
person or persons whomsoever, including but not limited to
employees, guests, passengers, or persons under the control
of the Lessee, and the Lessee shall be liable to the Lessor
and shall forever hold harmless the Lessor from any and all
such damage or loss occasioned to the premises, or any of
its other properties caused by the acts or negligence of the
Lessee or any person or persons whomsoever including but not
limited to employees, guests, passengers, or persons under
the control of the Lessee. There is no warranty of any kind
as to the condition of the property nor shall the Lessor be
responsible for injuries to persons or property occurring
upon the Lessor's property for any reason.
11. LIABILITY. It is expressly agr~ed and understood
by and between the parties to this agreement, that the
Lessor shall not be liable for any damage, loss or injury
which may be sustained by the Lessee or other person or for
any other damage, loss or injury resulting from the care-
lessness, negligence or improper conduct on the part of any
other Lessee or agents, or employees in or on or about the
said premises.
12. RELEASE. .The Lessee does hereby forever release
and discharge the Lessor, its departments, agencies, agents
and authorized personnel from any and all liability that has
or may result from or be suffered by the Lessee arising out
of or in connection with this lease, and the Lessee's operation
hereunder.
13. CLAIMS. The Lessee shall defend, payor settle
any and all liability, demands and claims by or in favor of
any person including, but not limited to, the Lessee's
agents, servants or employees. against the Lessor, its de-
partments, agencies, and authorized personnel arising out
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Page 5 of 14 Pages
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of, or in connection with this lease or the Lessee's opera-
tion hereunder, and to forever hold harmless the Lessor, its
departments, agencies, agents and personnel from any such
liabilities, demands or claims asserted by any of the afore-
described, including cost of suit, attorney's fees and any
other expenses in', connection therewith, and to payor settle
any claims for the injury, loss or damage to personnel or
property of or under the control of the Lessor arising out
of this contract or the Lessee's operation hereunder.
14.
INSURANCE.
A.
The Lessee shall carry and pro-
vide during the term of this contract, at Lessee's expense,
the following insurance coverage:
(1) Workmen's Compensation and Employee's Liability
Insurance, and any other insurance required by
any employee benefit act or otherwise required
by law.
(2) Property damage, liability, protective and
indemnity insurance covering the"'Lessee's opera-
tions, and such other operations of the Lessee
in and about the Lessor's property, subject to
the approval of the Lessor, and such other in-
surance coverage as-may be requested by the
Lessor. Said insurance shall be with a com-
pany with a Best's Insurance Guide, Latest
Edition, rating of A:AAA or better, and a cer-
tificate of insurance shall be furnished the
Lessor in an amount not less than $100,000.00
per person and $300,000.00 per accident for
bodily injury liability and $100,000.00 for
property damage for anyone accident.
B. All insurance policies shall be issued by
companies autho~ized.to do business under the laws of the
State of Florida and must be acceptable to the Lessor. If
the operation of the Lessee includes any hazards excluded by
any "standard exclusion" of the policy, such "standard
exclusion" shall be eliminated from the policy. Any and all
of said insurance to be non-cancellable without a thirty-day
written notice of cancellation first being given to the
Lessor. The Lessee shall furnish certificates of insurance
to the Lessor on all required insurance prior to occupancy
of the premises.
The public liability and property damage
insurance shall name the Lessor as one of the parties insured.
.."
Page 6 of 14 Pages
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C. Compliance by the Lessee with the foregoing
requirements as to the carrying of insurance shall not
relieve the Lessee of its liability and obligations under
this section or any other portion of this lease.
15. INSOLVENT, ETC. If the Lessee shall become
insolvent or if bankruptcy proceedings shall be begun by or
against the Lessee before the end of said term, the Lessor
is hereby irrevocably authorized at its option, to forthwith
cancel this lease, as for a default. Lessor may elect to
accept rent from such receiver, trustee, or other judicial
officer during the term of this occupancy in their fiduciary
capacity without affecting Lessor's rights as contained in
this contract, but no receiver, trustee or other judicial
officer shall ever have any right, title or interest in or
to the above described property by virtue of this contract.
16. HEIRS AND ASSIGNS. This contract shall bind the
Lessor and its assigns or successors, and the heirs, assigns,
administrators, legal representatives, executors or successors
as the case may be, of the Lessee.
17. TIME OF THE ESSENCE. It is understood and agreed
between the parties hereto that time is of the essence of
this contract and this also. applies to all terms and condi-
tions contained herein.
18. RIGHTS. The rights of the Lessor under this
lease shall be cumulative and failure on the part of the
Lessor to exercise promptly any rights given hereunder shall
not operate to forefeit any of the said rights.
19. SIGNS OR ADVERTISING. It is' hereby understood
and agreed that no signs or advertising are to be used in
connection with the premises leased hereunder without first
obtaining written approval of Lessor.
20. ASSIGI~IENT, SUBLET M~D ALTERATIONS. The Lessee
shall not assign this lease, either as an absolute transfer
.~
rage 7 of 14 Pages
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of his title or interest therein or thereto or as security
for a loan, nor sublet the premises, or any part thereof nor
use the same, or any part thereof, nor permit the same, or
any part thereof, to be used for any other purpose than as
above stipulated, nor make any alterations therein without
the prior written'consent of the Lessor.
21. TAXES. Should any taxes be imposed upon the
premises involved in this lease, or upon the owner, Lessor,
Lessee, occupant or whomsoever, from ,any source whatsoever,
the same shall be the responsibility of the Lessee and the
Lessee shall pay same promptly.
22, 11AINTENANCE OF PROPERTY. The Lessee agrees to
keep the property clean and free and clear of debris.
23. LIEN. A. The Lessee agrees that the Lessor
shall have a lien against any airplane, her appurtenances
and contents for unpaid sums due or to become due for the
use of the airport facilities or services or damage caused
to any property of the Lessor:
B. Lessee agrees that he will keep the
leased premises and any buildings that may be erected thereon
at all times free and clear of any and all liens in anywise
arising out of the activities or use thereof by Lessee, pro-
vided, however, the Lessee may in good faith contest the
validity of any lien~
24. RESTRICTIONS. The Lessee agrees not to conduct,
nor allow to be conducted on the leased premises, any business
ventures, enterprises or activities, includin8, but not
limited to, the sale of gasoline, oil, airplane parts, or
any other goods and/or services, and coven~nts that he will
not conduct any other goods and/or services, except that he
shall have the right to repair his own private plane, and
further, shall not engage in any businesses or activities
authorized under any leases made by Monroe County to fixed
base operators at said Airport, nor shall he engage in any
automobile rental services of any nature whatsoever.
Page 8 of 14 Pages
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25. l'~INTENANCE. The Lessee agrees to maintain the
demised premises in a clean condition and to maintain an
adequate number of covered metal waste containers at suit-
able locations, and shall deposit all trash and waste
therein, and shall arrange for the proper disposition off
the Airport of such trash, waste or refuse at its cost and
expense. Further, Lessee agrees that the areas not paved
shall be maintained by it in a neat condition, and that
grassed areas shall be mowed regularly and shrubs will be
trimmed so as to maintain the premises in a clean and
attractive condition. Any areas not grassed or paved shall
be stabilized by the Lessee and the leased premises shall be
so utilized that use of the premises by aircraft or vehicles
will not cause dust, debris or waste to be blown about or
raised so as to interfere with or disturb the use or enjoyment
of adjacent or adjoining premises. Furthe~, that the Lessee
shall keep and maintain the leased premises and any buildings
that may be erected thereon in a neat and clean condition.
26. EXCAVATION. The Lessee agrees that no excavation
of any of the leased lands shall be made, and that no soil
or earth shall be removed from said premises except with the
written approval of the Lessor.
27. USE OF PROPERTY. Lessee shall have the right to
maintain a fixed bas~ operation and shall have the right to
sell aircraft and aircraft engines, parts and accessories;
lease aircraft storage space; operate pilot training ser-
vice; provide aircraft maintenance and repair service; air-
craft rental and charter flying service; and any other
aeronautical service normally furnished by a fixed base
operator, and Lessee shall have the right to sell aviation
gasoline and lubricants and provide such aeronautical ser-
vices as are compatible with other activities on the airport.
In addition to the foregoing, the Lessee shall be
entitled to receive tie-down fees from aircraft parked in
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Page 9 of 14 Pages
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30. SURRENDER OF POSSESSION. Promptly upon the ter-
mination of this lease by lapse of time or otherwise, the
Lessee will at once peacefully surrender and deliver posses-
sion to the Lessor of all of the lands hereby leased and all
of the improvements ~hereon to which the Lessor is entitled
hereunder, in good repair in accordance with the covenant
herein contained to maintain and repair.
31. NON-EXCLUSIVE USE. It is understood and agreed
that nothing herein contained shall be construed to grant
or authorize the granting of an exclusive right within the.
meaning of Section 308 of the Federal Aviation Act of 1958
or its successor.
32. SEVERABILITY. In the event any covenant, condi-
tion or provision herein contained is held to be invalid
of
Page 10 of 14 Pages
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by any court of competent jurisdiction the invalidity of any
such ,covenant, condition or provision shall in no way affect
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 its respective rights and obligations contained in
the valid covena~ts, conditions or provisions of this lease.
33.
It is understood and agreed between the
NOTICE.
parties hereto that any written notice required under the
terms of this lease to be given to the Lessor would be given
by Certified Mail - Return Receipt Requested and addressed
to:
Director of Airports, Monroe County
Key West International Airport
S. Roosevelt Boulevard
Key West, Florida'33040
and, any written notice required under the terms of this
....
lease to be given to the Lessee would be given by Certified
Mail - Return Receipt Requested and addressed:
Island City Flying Service, Inc.
Key West International Airport
Key West, Florida 33040
34. SPECIAL CLAUSES.
A.
SCHEDULE OF RATES.
The Lessee phall 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 approved schedule of rates and charges
shall be posted in a prominent place in the public space
provided by the Lessee. Said schedule shall be subject to
periodic review and renewal of, or denial of approval thereof
by the Lessor.
B.
DESTRUCTION OF PREMISES.
In the event the
premises shall be destroyed or so damaged or injured by fire
or other casualty during the life of this lease, whereby the
same shall be rendered untenantable, then the Lessor shall
4
Page 11 of 14 Pages
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have the right to render said premises tenantable by repairs
within ninety '(90) days therefrom. If said premises are not
rendered tenantable within said time, it shall be optionable
with either party hereto to cancel this lease, and in the
event of such cancellation the rent shall be paid only to
the date of such fire or casualty. The cancellation herein
mentioned shall be evidenced in writing.
C.
SERVICES.
The Lessee agrees that in further-
ance of the privileges and uses permited hereunder and
described in section 27 of this lease:
(1) To furnish good, prompt and efficient service
adequate to meet all the demands for its
service at the Airport.
(2) To furnish said service on a fair, equal
and nondiscriminatory basis to all users
thereof, and
(3) To charge fair, reasonable and nondiscrimin-
atory prices for each unit of sale or service;
PROVIDED that the Lessee ma~ be allowed to
make reasonable and nondiscriminatory dis-
counts, rebates or other similar types of
price reductions to volume purchasers.
(The word "service" as used in subsections (1),
(2) and (3) of Subdivision 34. C., shall include
furnishing of labor, parts~ materials and sup-
plies, including the sale thereof, as well as
furnishing service.)
D.
RENEWAL.
The Lessor does hereby grant an
additional term of five (5) years, under terms and conditions
to be mutually agreed upon by and between the Lessor and
.
Lessee, provided the Lessee gives to the Lessor written
notice six (6) months prior to the termination of the original
term of five (5) years if said Lessee wishes to exercise his
option.
E.
RENEWAL - IMPROVEMENTS.
That in the event
the Lessee presents to the Lessor adequate plans and speci-
fications for the construction of hangars and other improve-
ments which require the amortization of the cost of same
beyond the renewal term of this lease, the Lessor at its
option may provide additional terms not to exceed ten (10)
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Page 12 of 14 Pages
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years from the termination date of the renewal period pro-
vided in this lease.
F.
RELOCATION OF AIRPORTS.
That in the event
the Lessor relocates its airport facilities at another air-
port, the Lessor hereby agrees that if adequate facilities
are provided to said Lessor or funds may be furnished to the
Lessor through certain appropriate granting agencies of the
state or federal government at its new airport site, the
Lessor agrees to provide such facilities furnished to it or
cause the construction of facilities through any such grants
for the benefit and use of the Lessee. Furthermore, if the
Lessee agrees to locate to the relocated Airport, they will
renegotiate and a new lease written.
G. LIMITATIONS. (1) This lease and all provisions
thereof shall be subject and subordinate to all the terms
and conditions of the instruments under whIch Lessor received
said property from its former owners, and Lessor's agree-
ments with the United States 6f America, and shall be given
only such effect as will not conflict or be inconsistent
with such terms and conditions.
(2) This lease shall be subordinate to the
provisions of any existing or future agreement between the
Lessor and the United States of America, relative to the
operation and mainteftance of the Airport.
H. PARKING. Lessee agrees that the premises
demised herein will be so utilized as to provide vehicle
parking areas for all of Lessee's purposes and business in-
vitees of Lessee. No vehicle parking shall be permitted by
Lessee, or business invitees, on roads, rights-of-way, or
properties adjacent to the leased premises, unless such
adjacent properties are leased to Lessee.
I. REPAIRS. The Lessee agrees that any repair
parts for aircraft or components not being worked on shall
be stored in such a manner as to be safe in the event of
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Page 13 of 14 Pages
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windstonn or other act of nature, and shall be screened from
public view by a structure of plantings of an esthetically
pleasant nature.
DATED at
Plantation Key
, Honroe County,
Florida, the day and year first above written.
OF FLORIDA
By
Chai an 0 the Board of County
Commissioners of Monroe County,
Florida.
(Seal)
Lessor
Attest: j
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ISLAND CITY FLYING SERVICE, INC.
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President
By
(Corporate Seal)
Lessee
Attest:
dL~~ -r 6~~
Secretary .
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loJi tnes s
~ 0. d i1 "'^"
, itness
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Page 14 of 14 Pages
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EXHIBIT "A"
A tract of land at Key West International Airport on the
Island of Key West, Florida, and being more particularly
described by metes and bounds as follows: >
CO~1ENCING at the intersection of the Southwest corner of
East Martello Tower as shown in Plat Book 1, Page 31 and
Plat Book 4, Page 69 of the Public Records of Monroe County,
Florida, and the Northerly right-of-way line of South
Roosevelt Boulevard, bear North 82 degrees, 37 minutes and
20 seconds West, along the Northerly right-of-way line of
Roosevelt Boulevard, 300.27 feet; thence bear North 03
degrees, 43 minutes and 18 seconds West, 435.94 feet to the
POINT OF BEGINNING of the tract of land hereinafter de-
scribed; from said POINT OF BEGINNING, bear North 71 de-
grees, 19 minutes and 28 seconds West, 284.70 feet; thence
bear North 03 degrees, 43 minutes and 18 seconds West,
109.96 feet; thence bear South 88 degrees, 53 minutes and 48
seconds Wast, 431.08 feet; thence bear South 52 degrees, 26
minutes and 18 seconds East, 32.99 feet; thence bear South
19 degrees, 21 minutes and 12 seconds West, 221.16 feet;
thence bear North 71 degrees, 19 minutes and 27 seconds
West, 112.90 feet, back to the POINT OF BEGINNING, con-
taining 1.68 acres.
ALSO
A tract of land in a part of Government LOL 4, Section 1, T.
66S., R. 32E., on Key Vaca, Monroe County, Florida, and
being more particularly described by metes and bounds as
follows:
Commencing at the S.W. corner of the Marathon Airport Boundary
bear North 67 degrees 51 minutes East along the southerly
airport boundary for a distance of 4258.76 feet to the POINT
OF BEGINNING of the tract of land hereinafter described;
from said POINT OF BEGINNING bear North 22 degrees 9 minutes
West 100 feet; thence South 67 degrees 51 minutes West 150
feet; thence North 22 degrees 9 minutes West, 165 feet;
thence South 67 degrees 51 minutes West 1,635 feet; thence
North 22 degrees 9 minutes West 50 feet; thence North 67
degrees 51 minutes East 1,885 feet; thence South 22 degrees
9 minutes East 315 feet; thence South 67 degrees 51 minutes
West 100 feet back Uo the POINT OF BEGINNING, containing
145,000 square feet.
LESS an existing building located on the above described
premises known as the passenger terminal facility and that
area between the passenger terminal facility building and
the airport runway, the parking area adjacent to the pas-
senger terminal facility building and that area between the
said passenger terminal facility building and U. S. Highway
No.1, all being on the above described premises.
ALSO
A tract of land in a part of Government Lot 2, Section 6,
T. 66 S., R. 33 E., on Key Vaca, Monroe County, Florida, and
being more particularly described by metes and bounds as
follows:
....
\25
Exhibit "A" - Continued
Commencing at the intersection of the West Line of Section 6
and the northerly right-of-way line of Old State Highway No.
4A bear North 67 degrees 51 minutes East along the northerly
right-of-way line of Old State Highway No. 4A for a distance
of 881.09 feet to the POINT OF BEGINNING of the tract of
land hereinafter described; from said POINT OF BEGINNING
bear North 22 degrees 9 minutes West 315 feet; thence North
67 degrees 51 minutes East 1700 feet; thence North 22 de-
grees 9 minutes West, 435 feet; thence North 67 degreed 51
minutes East 50 feet; thence South 22 degrees 9 minutes East
475 feet; thence South 67 degrees 51 minutes West 1500 feet;
thence South 22 degrees 9 minutes East 175 feet; thence
South 67 degrees 51 minutes West 150 feet; thence South 22
degrees 9 minutes East 100 feet; thence South 67 degrees 51
minutes West 100 feet back to the POINT OF BEGINNING, con-
taining 3.08 acres.
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