04/06/1971 Lease
J~~~~II
(f'3
f
t
t
~
THIS INDENTURE OF LEASE, made and
;;
i
j
~
entered into by and
between
MONROE COUNTY, FLOP IDA, (hereinafter referred to as "LESSOP "), and
SOUTHEAST AIRLINES, INC., a Florida corporation (hereinafter referred to
as "LESSEE"),
WIT .N E SSE T H:
,.
WHEREAS, Lessor owns an airport known as Marathon Airport,
located in Marathon, Monroe County, State of Florida (hereinafter called the
"AIRPORT"), and
WHEREAS, Lessee is engaged in the business of transportation with
respect to persons, property, cargo and mail at the Airport, and
WHEREAS, Lessee desires to lease certain premises, facilities and
rights in connection with and on the Airport and Lessor is willing to lease same
to Lessee upon the terms and conditions hereinafter 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 demise and let unto Lessee and Lessee does hereby hire and take
(.
~
~
l;
from Lessor certain premises, facilities, and rights in connection with and on
the Airport as follows, to wit:
AR TICLE I - TERM: The term of this lease shall be for a period of
one year commencing on the first day of January, i971, and ending on the 31st
day of December 1971.
AR TICLE II - RENTAL: Le'ssee agrees to pay Lessor for the use of
the Airport, all premises, facilities and rights granted hereunder for domestic
operatioINl only, except as hereinafter set forth, an annual rental of $2,400". 00
payable in equal monthly amounts of $200. 00 each, such paymenfs to be made.
within ten days of receipt of Lessor's billing therefor: but not earlier than the
first day of each month for which the rent is ~pplicable.
The above payments are based upon the Lessee's use of facilities
assigned to it in the Airport Terminal Building, and the other privileges hereinafter
contained in Article IV.
In addition to the foregoing monthly payments, Lessee covenants
and agrees with Lessor to pay the required State Rental Tax.
ARTICLE III - EXCLUSIVE SPACE IN ADMINISTRATI01\T BUILDING:
The exclusive use of the space referred to under Article II herein for such
uses as the Less~e may desire to make thereof in connection with.or incidental
to its operation of a domestic air transportation system, including specifically
but not by way of limitation the use of said space for ticket counter area,
operations room and cargo storage area.
AR TICLE IV - GENER AL USE OF AIR paR T, LEASED PF EMISES
AND FACILITIES: As duly authorized by competent Governmental authority,
Les see shall have the right to operate a domestic transportation system, at the
Airport, by aircraft, for the carriage of persons, property, cargo and mail,
which right shall include the following:
(1) The right to use, in common with other domestic operators
authorized to do so, the common areas of the Airport and appurtenances thereto,
which have been designated by Lessor for common use, including, but not limited
to, landing areas, aprons, taxiways, roadways, flood lights, ramp lighting,
beacons, signals, radio aids, sewerage, control tower, fire and crash equipment
and other conveniences for flying, landing and take-offs of aircraft of Lessee.
(2) The right to land, take-off, fly, taxi, tow on the ground, load and
unload aircraft and equipment used by Lessee in its operation of a domestic air
transportation system on the Airport.
(3) The right to test and park or store aircraft or other equipment of
Lessee or, with prior permission of Lessor, of any other scheduled domestic air
,
transportation company, on premises leased to Lessee or on premises leased
..
to such other scheduled domestic air transportation companies.
-2-
(4) The right to trai~ personnel in the employ of, or to be employed
by, 'the Lessee.
(5) The right to install, maintain and operate, at Lessee's expense,
by Lessee alone or in conjunction with any other air transportation companies..
. who are lessees at the Airport, or through a nominee, radio, telephone,
"
.
teletype and other communications equipment, meteorological and aerial
. navigation equipment and facilities in or on premi'ses leased exclusively to
. ~
Lessee, subject to the approval of Lessor so as to enable Lessor to prevent
interference with the reasonable use of the Airport by other authorized
persons, such approval not to be unreasonably withheld.
.
(6) The right to install, maintain and operate, without cost to Lessor,
by Lessee alone, or in conjunction with any other air transportation com-
panies who are lessees at the Airport, or through a nominee, a message
tube system and other communication systems between suitable locations
. in the aircraft loading areas and suitable locations in or about Lessee's
. .'
hangars and between any or all of the said locations and Lessee's offices,
the locations to be subject to the approval of Lessor, in so far as the inter.ests;
of safety and convenience of a~l are concerned, which approval shall not be
unrea.sonably withheld.
(7) The right, directly, or through a contractor of Lessee's choice,
to transport Lessee's cargo,' property and mail to, from a~d at the Airport
by such vehicles as Lessee or Lessee'~. contractor may desire or require.
This. operation of such vehicles shall be subject to the reasonable regulations
of the Airport relative to the use of ground vehicles on Airport property.
(8) Tile light to install and operate on the interior 'of the premises
"
exclusiv~ly leased, .at Le.ssee's e'9>ense, advertising signs re,.presenting
its business, which signs shall be substantially uniform in size, type and
location with those of other air transportation companies leasing space on the
I
premises. The number, size, type, design and location of all such signs
shall be subject, however, to the prior written approval of Lessor.
(9) Consolidation of Ground Services: The rights and privile'ges
. .
granted Lessee herein, with respect to the performance of ground services
and activities in connection with its a.ir transporta.tion system at the Airport,
- 3-
. .
may be exercised by Lessee for and on behalf of any other domestic air
transportation, company or ,companies authoriz~d h'y Lessor to use the Air-
port. Without. limitation, such rights and privileges shall be deemed to
include all' activities incidental to the handling of reservations, the ticketing
'of passenge~s, the receipt, dispatch, loading, unloading and storage of
.
passengers and their baggage, property, cargo and mail, and all ramp,
r~pair, maintenance of its own aircraft and dispatching services inCidental
..
to t~e operations of aircraft at the .A irport. The foregoing shall not be
construed to authorize such other company or companies to use the Airport
'\:::
without the payment of fees and charges established by Lessor.
.
(10) Parking Space: Th" use by Lessee and its employees in common
only with the other air transport operators who may be lessees of space at.
the Airport and their employees, of adequate vehicular parking space located'
as near a.s possible to said Administration Building, without charge to
Lessee or to said employees.
'. .
(11) Right of Ingress and Egress: The right of ingress to and egress
from premises and facilities of the Airport hereinleased, without charge to" i
i
,>
Lessee, its employees, agents, passengers and invitees.
(12) Maintenance and Operation of Airport: Lessor agrees that it
will at all times maintain and operate and keep clean with adequate and
'.
efficient personnel, and keep in good repair, said Airport and the appur-
tenances, faci~ities and servic.es connected therewith, and keep said Airport
,and its approaches free from obstructioD:' congestion and interference for
the s,afe, convenient and proper use thereof by Lessee, and will maintain
, '. .,
and operate said Airport so as to entitle it to the approved rating by the
. ,.. ".
Federal,Aviation Agency and all o~er appropriate regulatory>oaauthoriti,es.
(13) Use of Public Address System: Lessee shall have the privilege
of using the Airport public address system and operating a sufficient number
. ,I~
(
, of microphones and units to properly conduct its business in the area in the
Terminal Building leased hereunder, without further charge. Lessee shall
have the use of such uriits presently installed in the leased space. However,
additional units used by Lessee may be procured and installed a~ Lessee's
expense and any expense involved in relocation of any units will be borne
.4-
i
I
.
,
by Lessee.
, ,
('19) Alterations and Improvements:
,
Lessee is not authorized to
make any alterations or improvements'to the premises leased herein without'
"
prior written approval of Lessor, such approval not to be unreasonably
with1)eld.
r
"
ARTICLE V - USE OF TERMINAL BUILDING: The use of space
,~
in th~ Termin'al Building leased hereby shall be for purp'oses incidental to .
. " ,
the 0 peration of Lessee's domestic air transportation' business and will
be 'in accordance with the following conditions:
...
(I)' General: It is expressly unders'tood that Lessor will keep
the public space in the Terminal Building attractiv~ly furnished, and will
provide and supply adequate light, electricity, water, 'janitors and other
cleaners necessary to keep the Termina~ Building at all times clean, neat,
.' ..
orderly, sanitary and presentable.
(2) The operations of Lessee shall be conducted in an orderly and
.
"
proper manner and so as not to annoy, disturb or be offensive to others,at
t.
the Airp,ort.
(3) It shall be the Lessor's responsibility to maintain and replace
all glass bordering both on the field side of the leased space a1\d o:p the public
corridor of leased space, except in instances where d~age to such'glass
should occur through the acts of the Lessee,' its agent, suppliers~ passengers,
,or others doing business with'it at the Airport, in'which event 'the Lessee will
'"
assume such responsiPility~
, I
,_ .1'
'.,.,
,.
.;;
..'
-
"
.
~.
"
\
"
-I ' '
_-5.-
"
~
r'\
~ ~...,..
(4) The personal property placed or 'installed by Lessee in the ex-
.
,
i
I
.. .
. '.
.,
,
of expiration or other termination: Lessee shall have ten days, exclusive
, .
.
,
! "
r
f'
(:
~ ~
, .
~:
clusively leased a.rea shall remain the property, of Lessee and must be re- ','
moved on or b'efore the expiration 'of the term hereby granted. In the event
. ot Saturdays, Sundays or holidays, after such termination, in which to re-
,
v
l'
\
I.
i,"
move its property.
I,
, "
(5) If Lessee shall fail to remove its property upon the expiration or
.
I
~: ..
I;
. .'
"
.:
te'rmination hereof, Lessor may, at its option, after expiration of period
..
.
. .
, '
of grace 'granted by the preceding paragraph hereof, as agent for Lessee and
consideration, of theatre tick~ts, shoe shine,s, pres~ing and cleaning (ex- ,
. .
.
:,
I,
"
ii'
. "
t'
~ i
, "
j
. :\,
f.~
: I
l
I.
I
;
I
. ,'j
I
"
,
,'1 !'
I, j'
:.1.
'i
.!.,
.....t.':'
~. .; f
i
r r
I ~
. ;
: i
.
I: I
j 1
. ,
!'
. i :
r
..'
!
i
f
,.
'I
~
",
l.
i
l'
1':
..j
.t
.f
r
.!
I,
.
.,
i
. l
i
I
r
I
i
,
atLessee's expense and risk, remove such propertyt9,a public warehouse.
, '
, ,
for deposit, or retain the same in its own possession, and after the expira-
~. '
, tion of 30 days therefrom~ sell the same at public auction, the proceeds of
which shall be app,lied first to the expenses :o~,. sale, second to any sums
owed by ~essee to Lessor, and, any balance remaining shall be paid to
Lessee, or Lessor may take such other action as may be ~ecessary, or 4e-.
.'. .
sir able. .
t, ..
,( 6) Unless otherwise expre~sly provided or agreed, Lessee shall not /
u:se the leased space (or permit it to be used) for the sale to its employees
or to any other person, of any beverages, food, candy, gum, ice cream or
, . ,
'.
'-.
ice cream p7o"0ducts, tobacco or tobacco products, periodicals, books, dr~gs,
toys, games, souvenirs, jewelry, novelties, clothing, flowers, sporting
goods, photographic goods or toilet a~ticies, Qr for the furnishing, for a
. .
cept of its employees' uniforms), developing and printing of P!'1<?tograi>hs
, .. '
"
and films, ~?-"ound baggage checking services .or lor the'd.isplay of.'the adver-
" iJ" '-'
. tising of third parties, except in cases in which Lessee handles ground ser- ...
vices' for another air transportation company, pursuant to paragraph (11)
,of ARTICLE IV, or/or. t}:le installation of any coin-operated machines or
devices, or for any other purpose beyond those herein expressly authorized.
(7) Lessor, or its authorized rep~esentative,. shall have the right at'
any time and as often as it considers necessary" upon request to Lessee,
to inspect the space and' (without obligation to do so) enter thereon to make
ordinary repairs and, in the event of an emergency, to take such ac'tion
-~.:"
nor Lessee is obligated by this lease to make any repairs, replacements,
improvements, alterations or additions of any nature, other than those
specifi~ally agreed upon in this lease, except that Lessor shall make such
structural repairs as may be required to keep the leased space usable for
the l?urposes leased.
ARTICLE VI INSURANCE AND INDEMNI'FY: Lessee shall main-
tain.public liability, Airport liability, aircraft liability, fire and property
damage insurance, and shall carry Workmen's Compensation and employ"
erst liability insurance as required by law. Lessee shall indemnify and
. hold harmless Lessor from any and all demands, losses, liabilities or
judgments, together with costs and expenses incident thereto, which may
accrue against, be charged to, or be recoverable from Lessor as a result
of the negligent acts or omissions of I:-essee, its employees or agents in!
connection with Lessee's use and occupancy of the demised premises,
excluding, however, such as may be occasioned by the negligence of Lessor,
, '
its employees or agents. Lessor shall give to Lessee pro~ptand timely
. notice of any claim made or suit instituted, which in any way, directly or
indirectly, contingently or otherwise, affects or might affect, Lessee,
and Lessee shall have the right to compromise..!or participate in the defense
of the same to the extent of its own interests.
,
ARTICLE VII - QUIET ENJOYMENT: . LessoT agrees that, on
. ~...."
payment of the rentals, fees and charges here~n provided for, and performance
,#.
..
of the covenants and agreements on the part of Lessee to be performed
'hereunder, Lesstee shall peaceably have and,enjoy the leased premis~8,
rights and facilities herein granted.
-7-
(
_ .(), _.-.__~. _.....z.,
...---~-
._. . :.~~;~~\:;"";~:J:':~~-;:-~~~
. .
I
/"'--..
....-\
ARTICLE VIII - CANCELLATION BY LESSOR: In the event Lessee
.ihall file a voluntary petition in bankruptcy or proceedings in bankruptcy
shall be instituted against it a.nd Lessee is thereafter adjudicated bankrupt,
pursuant to such procee.dings, or that the court take jurisdiction of Lessee
and its assets, pursuant to proceedings brought under the provisions of
. .
any Federal reorganization act, or that a receiver of Lessee's assets
shall be appointed, or that Lessee shall be prevented by any final action
"
of any Federal or State authority from conduct~ng ana. operating its trans-
portation system for the carriage. of persons, property and mail by air-
. ~raft at the Airport, or that Lessee shall fail to perform, keep and observe
any of the terms, covenants or conditions herein contained on its part to be
performed, kept or observed, Lessor may give Lessee notice in wr1l.ing
. ,
to correct such c9ndition or cure such' defaul~, and, if any such conci:.~..on
0..'
or default shall continue for 30, days after the receipt of such notice ....
Lessee, Lessor may, after the lapse of said 30 da,y perioci and prior \.,:,.
.'
...
the correction or curing of ,:;uch condition or default, t~rminate this lease
by 20 days written notice, and the term hereby demised shall thereupon
cease and expire at the end of such 20 days in the same manner ana to the
same effect as if it were the expiration of the original term,
ARTICLE IX - CANCELLATION BY LESSEE: Lesse",e, in addition
~
to any right of cancellation or any other right herein given to it, may can-
,
eel this lease in its entirety and term~nate all or.any of its obligations bere-
"
.,mder at a;;.y time by 30 days written notice or after the happening of any
one oi the following events:
/
. "
...
(a) Any failure or refusal by the Fed~ral Aviation Agency.to permit
. ~ .
Lessee to operate into, irom or through said ~irport with the type of equip~
ment which Lessee happens to own at any time. .
(b) The br~ach by Les sor of any. o~ the covenants or agreements here-
in contained and the iailure of Les sor to remedy such breach for a period of
30 days after receipt of written notice of the existence of such breach.
(
-8-
.'
: '
.'
f .
. . ..
'. '
, .
J
)
.
. .
,......
\
,-\
/
(c) The inability of Lessee to use said premises and facilities con-
tinuing fo~.a period longer than 30 days due to any law or order, rule or
. regulation of any appropriate Governmental authority having jurisdiction
over the premises or the o'perations of Lessee, except that, upon the in-
.'
.
'. ability of Lessee to use the Airport and l~.ased premises because of war,
1 . .. .
earthquake or other casualty, Lessee may susp'end this lease during such
inability. During the' period of any such suspe~sion the Lessor retains
.
.
the right to utilize the leased premises as it d~ems advisable. The inability
. -'
, .
of Lessee to use said premi~es a{1d.f~cilities d.ue to strikes of its empl~y-
ees shall not be con~idered grounds for Lessee to t~rminate or cancel
this lease.
'-
,
(d)' The termination of Lessee's obligations or right to carry passen-
. gers and/or UnitE)d States Air Mail'to, from 9r through Key Welt, Florida.
'.
AR TICLE X - ASSIGNMENT AND SUBLETTING: Lessee shall not,
,
at any time, unless provided for elsewhere in this lease, assignthis'lease
~.
.
or.any part.thereof, nor shall Lessee sublet the premises nor any part
thereof herein leased to it, w~_.ho,ut the prior written consent of Lessor,
.'
'.~
except that without such consent, Lessee may assign this lease to any cor-
poration with which Lessee is affiliated, may merge, consolidate, or which
may succeed to the business of Lessee.
'.- ...
ARTICLE XI - SUCCESSORS AND ASSIGNS BOUND BY THIS AGREE-
MENT:
All the covenants a.nd agreexhentB in this lease shall extend to
and bind the legal representatives, successors and assigns of the respective
p.arties hereto.
,
"
'.ARTICLE XII - DAMAGE OR DESTRUCTION OF PREMISES: If'any
building of Lessor in which'Lessge occupies excl\lsive space"hereunder
',: shall be partially damaged by fire, the elements, the public enemy or other
casualty but not rendered untenantable, same sha.ll be repaired with due
" . ".'.
diligence by Lessor at its .own cost and expense. If the damage shall be so
extensive as to render such building untenantable but capable of being re-
paired in 30 days, same shall be repaired with due diligence by Lessor at .
- 9-.
:..
. .
its own cost and expense and the rent payable therefor hereunder, with
respect to Lessee's exclusive space in such building, mall be proportion-
ately paid up to the time of such damage and shall thenceforth cease until
such time as said building shall be fully restored. In case any such building
is completely destroyed by fire, the elements, the public enemy or other
casualty, or so damaged that it will or does remain untenantable for more
than .30 days, at the option of the Lessee, either:
(1) said building shall be repaired or reconstructed with due diligence
by Lessor at its own cost and expense, and the 'rent payable hereunder with
respect to Lessee's exclusive space in said building shall be proportionately
paid up to the time of such damage or destruction and shall thenceforth
ceaSe until such time as said building shall be fully restored; or
(2) if within a reasonable period after the time of such damage or
destruction, said ,building shall not have been repaired or reconstructed for
Lessee's use, Lessee may give Lessor written notice of its intention to cancel
. .
this lease in its entirety or to cancel as of the date of such damage or
destruction, such part of this lease as related only to said building.
.'
In the event that the Airport, .or any other premises herein leased,
shall be rendered untenantable or unusable because of the condition thereof,'
there shall be a reasonable and proportionate abatement of the rentals, ,
"'-.
fees and ~harges provided for herein during the period that the same are so
. untenantable or unusable.
AR TICLE XIII - NOTICES: A bill or statement may be rendered or
any notice or communication which Lessor may desire to give Lessee shall .
be deemed sufficiE;ntly rendered or given if the same be in ~riting and sent.
. . 2497
by registered or certified mail, addressed to Lessee at p. O. Box i.-Cai.
A. M. F. t) PlW
M:ilem:i:IDtteam:~~ Miami, Florida,' or at the address Lessee
may substitute therefor by notice to Lessor, or left at such address, and
the time of rendition of such bill or statement and the giving of such notice
or communication shall be deemed to be the time when the same is mailed,
left or delivered as herein provided, Any notice from Lessee to Lessor shall
be validly given if sent by registered or certified mail, addressed to
delivered as herein provided. Any notice from Lessee to Lessor shall be
validly given if sent by registered or certified mail, addressed to the Board
, 'L.
of County Commissioners, Monroe County Court House, Key West, Florida,
or such other address as Lessor shall hereafter designate by notice to Lessee.
AR TICLE XIV: The Lessee hereby agrees to operate a minimum
of two scheduled flights per day during the term of this lease and further agrees
not to operate a charter service out of the Marathon Airport and will transport
passengers only on its scheduled flights and will not solicit any flights originating
from the Marathon Airport,. except to Key West and to Miami, Florida, it being
understood by and between the parties hereto that the Les sor has an exclusive
contract with the Marathon Air Charter, Inc. to operate charter flights from
the Marathon Airport.
AR TICLE XV: The Lessee shall have the right to renew this lease
for an additional term of one year, at rentals to be mutually agreed upon at
the time of such renewal between Lessor and Lessee.
IN WITNESS WHEREOF,
the#?J.ve
caused these presents
to be executed as of the b# day of
, A. D. 1971.
Signed, Sealed and Delivered
in Our Presence:
~/[~"',d ~~A<I< L~n~
11:~:/~~~,
MONROE COUNTY, FLORIDA
BY~ ~~tI-:- ...(
Mayor of onroe County and ChaIrman
of the Board of County Commissioners
(SEAL)
...
Attest:
~~
Clerk of the Circuit Court of Monroe
County, Florida and ex officio Clerk of
the Board of County Commissioners of
Man roe County, Florida .
\\A. '\ "\'{ iJ '
\. ,\ \""""" "
\':J
SOUTHEAST AIR LINES, INC.
Byd-; ?"~~4f- 0/
P sident
(SEAL)
"
Attest: * 2'~
~~ ec tary
-11-