LEASE AND OPERATING AGREEMENT
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LEA SEA N D 0 PER A TIN GAG R E E MEN T
BET WEE N
THE C I T Y 0 F C LEA R W ATE R
AND
SUN C 0 A S T A V I A T ION, INC.
A F LOR I D A COR P 0 RAT ION
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LEASE AND OPERATING AGREEMENT
This Lease and Operating Agreement (the "Agreement"), is made and
entered into this )().~ day of ~~. r 19 ~, by and between the City of
Clearwater, a Florida municipal y, hdeinafter called the "City", and
Suncoast Aviation, Inc., hereinafter called the "Lessee".
This agreement represents the whole and entire agreement between Lessee
and City and the following articles, and attachments, are herein incorporated:
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
ARTICLES
"
Term
kased Premises
Rights, Obligations, and Minimum Operating Standards
Appurtenant Privileges
Payments
Utilities
Insurance
Indemnification
Disclaimer of Warranties
Lessee as Independent Contractor
Assignment
Non-Discrimination
Requirements of the United States
Default and Termination
Miscellaneous Provisions
ATTACHMENTS
Attachment A - Drawing of Leased Premises
Attachment B - Enclosed Hangar Lease Form
Attachment C - Covered Shade Hangar Lease
Attachment D - Tie-Down Hangar Lease Form
Attachment E - Certificate of Insurance
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WIT N E SSE T H:
WHEREAS, City has jurisdiction over the operation and maintenance
of and improvements to the City-owned land within the territorial limits of the
City of Clearwater, now known as the "Clearwater Executive Airpark" (the
"Airport"); and
WHEREAS, aeronautical services are essential to the proper
accommodation of private and commercial aviation at the Airport; and
WHEREAS, City desires to make such services available at the
Airport through independent operators and Lessee desires to provide such
services as an independent operator.
NOW, THEREFORE, in consideration of the Premises and the mutual
covenants contained in rhis Agreement, the parties hereby agree as follows:
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ARTICLE I
TERM
The initial term of this Agreement shall be for a period of ~ months,
commencing on the lS't day of ~N0\aN ,19 M, and continuing through
the 30th day of September, 1989 he "Termination Date"), unless earlier
terminated under the provisions of this Agreement.
ARTICLE II
LEASED PREMISES
City hereby'leases to Lessee, and Lessee hereby leases from City, all
facilities and improvements located on the following premises, identified and
shown on Exhibit A ti:ereto (the "Premi!>es"):
A. Premises De~cribed as follows:
Commence at the center of Section 12, Township 29 South, Range 15
East; thence run North 89019'10" West, along the East-West
centerline of said Section 12, 50.00 feet, to a point on the West
right-of-way line of Hercules Avenue; thence run South 0016'59"
West, along said West right-of-way line, 78.93 feet, to the Point
of Beginning; thence continue South 0016'59" West, 1190.00 feet;
thence run North 89020'18" West, 243.34 feet; thence run North
25013'17" West, 1869.75 feet; thence run South 89021'07" East,
237.84 feet; thence run South 00038'53" West, 95.00 feet; thence
run South 20051'07" East, 110.00 feet; thence run North 82038'53"
East, 65.00 feet; thence run South 28051'07" East, 90.00 feet;
thence run North 62038'53" East, 80.00 feet; thence run South
29057'09" East, 132.28 feet; thence run South 03051'07" East,
150.00 feet; thence run South 8902l'07" East, 515.00 feet, to the
Point of Beginning. '
Improvements on said real property as follows:
One (l) covered "T" hangar, four (4) shade hangars, all hard stand
and sod aircraft tie-down parking spaces; a 2214 square feet (MOL)
operations building; two (2) ten thousand (10,000) gallon
underground fuel tanks and pumps; and facilities related to or
dependent upon the described improvements.
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In the event of any discrepancy between the legal descriptions contained in
paragraphs A and B and the graphic depiction of Exhibit A, the legal
description shall control.
C. Maintenance and Repair:
1. Lessee agrees to maintain in a first class condition and in a
good state of repair, at all times, all leased grounds and structures on said
Premises, including all interior maintenance. For the purpose of this
Agreement, interior maintenance is defined as the maintenance and keeping in
good repair of the interior walls and ceilings, painting, repairs or
alterations of plumbing, doors, window or door glass, electrical fixtures, air
conditioning, water fixtures, locking devices and all other fixtures;
janitorial services such as sweeping, dusting, mopping and waxing floors;
relamping; interior', and exterior washing of windows; and the arrangement for
sanitary removal of .trash from the Premises.
D. Lessee's corltact with City in connection with the premises herein
leased shall be with the City Staff Member designated by the City, subject to
the terms and provisions of this Lease, which may not be waived, modified, or
amended except in writing executed by the City.
ARTICLE III
RIGHTS, OBLIGATIONS, N~D MINIMUM OPERATING STANDARDS
Lessee agrees to provide, and is hereby granted the right to conduct, the
following aeronautical activities at The Clearwater Executive Airpa~k:
1. Rental of hangar and tie-down space
2. Sale of aviation petroleum products
3. Charter operations
4. Aircraft rental
In addition to these activities, Lessee is also granted the right, but is not
required to conduct, the following aeronautical activities at The Clearwater
Executive Airpark:
1. Aircraft sales
2. Flight instruction
3. Flying club(s)
4. Aerial surveying
S. Sightseeing
6. Air Taxi operations
7. Air Freight operations
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~he standards established herein set forth the minimum operating standards to
be met as a condition for the right to conduct any aeronautical activity or
endeavor at the Airport. Lessee agrees that all aeronautical activities
authorized under this agreement will be performed in accordance with the
minimum operating standards established herein, including such reasonable
amendments as may be adopted by City from time to time.
A. Definitions
1. Aeronautical Activity - Shall mean any activity which involves,
makes possible, or is required for the operation of aircraft or which
contributes to, or is required for, the safety of such operations and shall
include, but not by way of limitation, all activities commonly conducted at
airports, such as charter operations, pilot training, aircraft rental,
sightseeing, aerial photography, surveying, aircraft sales and service, sale of
aviation petroleum products (whether or not conducted in conjunction with other
included activities)', repair and maintenance of aircraft, sale of aircraft
parts, sale and maintenance of aircraft accessories, radio, communication and
navigation equipment, flying clubs and any other activity which, because of its
direct relationship to the operation of aircraft, can appropriately be regarded
as an "aeronautical activity". Aeronautical activity shall not include
scheduled air carrier operations, glider training and operations, aerial
advertising, crop dusting, or ultra light operations, which activities are
expressly prohibited.
2. Agreement - Shall mean the Lease and Operating Agreement.
3. Air Operations Area - Shall mean those portions of the Airport
provided and made available by City for aircraft and related operations, and
shall include aircraft runways, taxiways, ramps, aprons and aircraft parking
spaces, and areas directly associated therewith which are not leased by Lessee
or any other tenant at the Airport.
4.
the City.
Airport - Shall mean the Clearwater Executive Airpark, operated by
5. City - Shall mean the City of Clearwater, Florida, and any of the
appointed officials of the City wno are vested with the specific authority to
govern the activities of the Airport.
6. Airport Tenant - Shall mean any person, firm, or corporation
leasing property or facilities at the Clearwater Executive Airpark who is not a
Fixed Base Operator.
7. Fixed Base Operator (FBO) - Shall mean any person, firm, general
or limited partnership, corporation, trust or association making application
for, leasing or using any land or facility at the Airport, for the purpose of
conducting one or more aeronautical activity.
8. Master Plan - Shall mean a future master plan report and the
scaled dimensional layout of the entire Airport, indicating current and
proposed usage for each identifiable segment as approved by the Lessor and the
State of Florida.
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l~. Standard Requirements for all Services.
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In providing any of the required services or activities specified
herein, Lessee shall operate for the use and benefit of the public and shall
meet or exceed the following standards:
1. Lessee shall furnish service on a fair, reasonable and not
UIljustly discriminatory basis to all users of the Airport. Lessee shall
furnish good, prompt, and efficient service adequate to meet all reasonable
demands for its services at the Airport. Lessee shall charge fair, reasonable,
and non-discriminatory prices for each unit of sale or service; provided,
however, that Lessee may be allowed to make reasonable and non-discriminatory
discounts, rebates or other similar types of price reductions to volume
purchasers. A complete list of all prices to be charged for each service
rendered shall be made available to the City prior to the initiation of this
lease. Lessee shall inform the City's representative thirty days in advance
wilen changes in such prices are contemplated.
2. Lessee sh~ll select and appoint a full-time manager of its
operations at the Airport. The manager shall be qualified and experienced and
vested with full power and authority to act in the name of Lessee with respect
to the method, manner and conduct of the operation of the fixed base services
to be provided by Agreement. The manager shall be available at the Airport
during regular business hours. During the manager's absence a duly authorized
and adequately trained subordinate shall be in charge and available at the
Airport.
3. Lessee shall provide, at its sole expense, a sufficient number of
employees to provide effectively and efficiently the services required or
authorized by this Agreement. A single Fixed Base Operator shall n~t be
required to provide duplication of land, buildings, personnel or equipment, in
order to engage in more than one type of service provided, however, that
duplication will be required when such is necessary to the furtherance of any
operations being conducted by any such Fixed Base Operator.
4. Lessee shall contro~ the conduct, demeanor and appearance of its
employees, who shall be trained by Lessee and who shall possess such technical
qualifications and-hold such certiticates of qualification as may be required
in carrying out assigned duties. It shall be the responsibility of Lessee to
maintain close supervision over its employees to assure a high standard of
service to customers of Lessee.
5. Lessee shall meet all expenses and payments in connection with the
use of the Premises and the rights and provileges herein granted, including
licenses, taxes or permits required by law in the normal course of business.
Lessee may, however, at its sole expense and cost, contest any tax, fee or
assessment.
6. Lessee shall comply with all federal, state, and local laws,
standards set forth in any future Airport master plan, and Airport rules,
regulations and minimum operating standards which may apply to the conduct of
the business contemplated, including rules and regulations promulgated by City,
and Lessee shall keep in effect and post in a prominent place all necessary or
required licenses or permits.
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,/ 7. It is expressly understood and agreed that, in providing required
services pursuant to the Agreement, Lessee shall have the right to choose, at
its sole discretion, its vendors and suppliers.
8. During the term of the Agreement, Lessee shall have the right, at
its expense, to place in or on the Premises a sign or signs identifying
Lessee. Said sign or signs shall be of a size, shape and design and at a
location or locations approved by City. City's approval shall not be withheld
unreasonably. Notwithstanding any other provision of the Agreement, said
sign(s) shall remain the property of Lessee. Lessee shall remove, at its
expense, all lettering, signs and placards so erected on the Premises at the
expiration of the term of the Agreement.
9. It is not the intent of the Agreement to grant to Lessee the
exclusive right to 'provide any or all of the services described herein at any
time during the term of the Agreement. City reserves the right, at its sole
discretion, to grant"others certain rights and privileges upon the Airport
which are identical in part or in whole to those granted to Lessee. However,
City does covenant and Agree that:
a. City shall enforce without discrimination or partiality all
mlnlillum operating standards or requirements for all aeronautical endeavors and
activities conducted at the Airport:
b. Any other operator of aeronautical endeavors or activities
will not be permitted to operate at the Airport under rates or terms and
conditions which are more favorable than those set forth in the Agreement; and
c. City will not permit the conduct of any commercial
aeronautical endeavor or activity at the Airport by any person, firm'or
corporation except under an approved lease and operating agreement. A Fixed
Base Operator or Airport Tenant shall not engage in any business or activity
upon the Clearwater Executive Air Park other than those specifically authorized
under such Fixed Base Operator's or Airport Tenant's Lease and Operating
Agreement, unless otherwise approved, in writing, by the City. All Fixed Base \
Operators and Airport Tenants, before commencing any activities at the \~
Clearwater Executive Air Park, shall have 'a written lease authorized and
executed by the City for a term of not less than twenty-one (21) months.
10. Lessee shall use the standard hangar/tie-down space lease form
supplied by the City for hangar and tie-down space rental at attachments B & C.
11. TIle Lessee shall provide the City with credible evidence as to the
Lessee's technical and financial ability to perform the services of proposed
operation before and during the term of this lease. Such evidence of technical
and financial ability shall consist of, but not necessarily be limited to, a
statement of financial position certified by an officer of the firm as to its
correctness, and other licenses, permits or certificates required by law and
applicable to Lessee's proposed operation. In the event of insolvency,
voluntary or involuntary bankruptcy which is not promptly discharged, or an
arrangement for creditors of any Fixed Base Operator, the City shall have the
option to terminate this lease after thirty (30) days following notice to cure
given to Lessee.
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I , 12. Lessee shall not do business on the airport premises in any
business name other than the name of the business as it appears in this
Agreement with the City.
A. Type 1 Minimum Requirements - Aviation Petroleum and Ramp Services
1. Buildings - Lessee shall provide a leased or constructed
building(s) to serve as a General Aviation Terminal which will provide at least
2,214 square feet of properly lighted space to perform work, office space,
storage, a public waiting area that includes indoor restroom facilities,
restaurant or appropriate vending machines and a public use telephone.
2. Personnel - Lessee shall employ at least two (2) full-time
employees properly trained in aircraft fueling and ramp safety procedures.
3. Services - Lessee shall provide aircraft ground guidance
within the uncontrolled areas adjacent to the premises, and ramp service,
including sale and into-plane delivery of aviation fuels, lubricants, and other
related aviation produc~s.
Lessee shall provide apron serv~c~ng of and assistance to aircraft,
including itinerant parking, storage, and tie-down service for both based and
itinerant aircraft upon or within facilities leased to Lessee or aircraft
parking areas designated by Lessor and described in the lease. Lessee agrees
to use the standard Lease form supplied by the Lessor for hangar and tie-down
space rental. Lessee additionally agrees to enforce same lease requirements.
Customary accommodations for the convenience of users, including
passenger and pilot lounge areas, information services and telephone service
connections to the Flight Service Station and/or the United States W~ather
Bureau, pilot accessories, appropriate vending machines, and rental car
services as may be appropriate shall be provided by the Lessee.
Lessee shall insure the availability of an adequate number and type of
fire extinguishers, and pieces/units of appropriate ground support equipment
(GSE), to meet airport user requirements and all applicable governmental codes.
Lessee shall provide, maintain and operate an airport UNICOM providing
continuous airport advisory services during the hours set forth in paragraph 7,
Hours of Operation. By federal law, Lessee shall be the sole licensed UNICOM
operator at the airport.
4. Fuel Facilities and Fuel Supply - Lessee shall furnish at
least two (2) leased metered and filter-equipped dispensers, fixed and/or
mobile, for dispensing 100-octane aviation fuel from storage tanks having a
minimum capacity of 10,000 gallons each. ~Iobile dispensing equipment shall
have a total capacity of at least 500 gallons for each grade and/or type of
fuel.
Lessee shall insure the maintenance of tanks and pumping equipment in
as-is condition and meeting all applicable safety requirements with reliable
metering, filtering and grounding devices subject to independent inspection and
with a pumping efficiency capable of servicing aircraft of up to 12,500 pounds
maximum gross weight. An adequate supply of 100 octane fuel will be maintained
at all times and Lessee will secure and maintain an on-going contract with a
fuel supplier to ensure continuous supply of aviation fuel. Lessee shall be
responsible for all tanks and dispensing equipment on the leased premises
regardless of ownership.
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5. Hours of Operation - The normal operating hours will be from
8 a.m. to 6 p.m., 7 days per week. Emergency "on call" service will be
provided during off duty hours.
6. Insurance Coverage - Lessee shall obtain and maintain
continuously' in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance with total limits in an amount not less than
$1 million Combined Single Limit, or equivalent, to include broad form
contractual liability and the following additional coverages:
Comprehensive General Liability
- Bodily Injury and Property Damage
Product Liability
- Bodily Injury and Property Damage
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B. Type 4 Minimum Requirements - Flight Training
1. Personnel - Lessee shall employ at least two (2) Certified
Flight Instructor(s) employed full time plus additional part-time and/or
on-call Certified Flight Instructors sufficient in number to meet service
demands and currently certified by the Federal Aviation Administration, with
appropriate ratings to provide ground instruction, private, commercial, and
instrument flight training.
2. Aircraft - A total of at least two (2) airworthy, properly
equipped aircraft to include at least one (1) airworthy, properly equipped
instrument single-engine aircraft, owned or leased in writing to th~ Lessee
shall be furnished by the Lessee.
3. Hours of Operation - The normal operating hours will be from
8:00a.m. to 6:00p.m. 5 days per week exclusive of Holidays.
4. Customer Notification - Lessee shall post a sign or placard
visible to all renter pilots giving notification of insurance coverages,
student pilot liability, and other legal risks associated with the aircraft
rental agreement.
5. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance with total limits in an amount not less than
$1 million Combined Single Limit, or equivalent, to include broad form
contractual liability and the following additional coverages:
Comprehensive General Liability
- Bodily Injury and Property Damage
Product Liability
- Bodily Injury and Property Damage
Aircraft Liability
- Bodily Injury and Property Damage
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C.
Type 5 Minimum Requirements - Aircraft Rental
1. Personnel - At least one (1) Certified Flight Instructor(s)
employed full time plus additional part-time and/or on-call Certified Flight
Instructors sufficient in number to meet service demands with ratings
appropriate for aircraft for rent and currently certified by the Federal
Aviation Administration.
2. Aircraft - A total of at least two (2) airworthy, properly
equipped aircraft to include at least two (2) airworthy, properly equipped
instrument single-engine aircraft, owned or leased in writing to the Lessee
shall be furnished by the Lessee.
3. Hours of Operation - The normal operating hours will be from
8:00a.m. to 6:00p.m., 5 days per week, exclusive of Holidays.
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4. Customer Notification - The Lessee shall post a sign or
placard visible to all rental customers giving notification of insurance
coverages, renter liability, and other legal risks associated with the aircraft
rental agreement.
5. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance with total limits in an amount not less than
$1 million Combined Single Limit, or equivalent, to include broad form
contractual liability and the following additional coverages:
Comprehensive General Liability
- Bodily Injury and Property Damage
Product Liability
- Bodily Injury and Property Damage
Aircraft Liability
- Bodily Injury and Property Damage
D. Type 6 Minimum Requirements - Aircraft Sales
1. Personnel- At least one (1) commercial pilot(s) currently
certified by the Federal Aviation Administration, with ratings appropriate for
the types of aircraft to be demonstrated shall be employed by the Lessee.
2. Dealerships - It shall be at the discretion of the Lessee:
(1) whether or not to be an authorized factory dealer; or (2) what manufacturer
he chooses to represent. All aircraft dealers shall hold a dealership license
or permit, if required.
3. Aircraft - A dealer of new aircraft shall have available or
on-call at least one current model demonstrator, and shall provide for
demonstrations of additional models of the manufacturer for which a dealership
is held, if any. An adequate supply of parts and servicing facilities will
also be provided to customners during aircraft and parts warranty period.
4. Hours of Operation - The normal operating hours will be from
9 a.m. to 5 p.m., 5 days per week exclusive of Holidays.
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5. Insur4nce Coverage - Obtain and maintain continuously in
eJ,fect at all times duri!g the term of the Agreement, at . essee's sole expense,
insurance with total limits in an amount not less than $1 million Combined
Single Limit, or equivalent, to include broad form contractual liability and
the following additional coverages:
Comprehensive General Liability
- Bodily Injury and Property Damage
Product Liability
- Bodily Injury and Property Damage
Aircraft Liability
- Bodily Injury and Property Damage
Hangar Keeper's Liability if Applicable
~assenger Liability
E. Type 7 Minimum Requirements - Air Taxi Operations
Lessees engaging in air taxi and/or commuter airline operations must be
certified by the Federal Aviation Administration under Federal Aviation
Regulation Part 135 or Part 121 and registered with the Civil Aeronautics Board
under the Economic Regulations of Part 298, and meet the following minimum
standards.
1. Personnel - At least one (1) cOQIDercial and/or airline
transport pilot(s) must be employed full time plus additional such pilots
part-time and/or on-call sufficient in number to meet service demands and
currently certified by the Federal Aviation Adm::nistration to conduct the air
taxi.
2. Aircraft - A mlnlmum of one (1) airworthy, multi-engine
instrument aircraft is required. Beyond this minimum requirement, it shall be
left to the discretion of the Lessee to provide the type, category, class, size
and number of aircraft to meet the scope and magnitude of the service
performed. All aircraft will be'owned or leased in writing to the Lessee, and
will be airworthy and meet all requirements of the certificate held. Such
aircraft shall be under the full operational control of the Lessee.
4. Insurance Coverage - Lessee shall obtain and maintain
continuously in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance with total limits in an amount not less than
$1 million Combined Single Limit, or equivalent, to include broad form
contractual liability and the following additional coverages:
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3. Hours of Operation - The normal operating hours w~l~ro~
. cortSisrent wlfh. lrPLa,rk
rule8s '1iJItl \Oeiufa.a.o'ns6 days per week, and at CI"'l-l- other tlmes c1'eeme<t'~l"': ~
dm:~~~~~~. Lessee shall have at least one (1) qualified pilot(s) on standby
during off duty hours.
Comprehensive General Liability
- Bodily Injury and Property Damage
Aircraft Liability
- Bodily Injury and Property Damage
Passenger Liability
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ARTICLE IV
APPURTENANT PRIVILEGES
A. Use of Airport Facilities. Lessee shall be entitled, in common
with others so authorized, to the use for their intended purposes of all
facilities and improvements of a public nature which now are or may hereafter
be connected with or appurtenant to the Airport, including the use of landing
areas, runways, taxiways, navigational aids, terminal facilities and aircraft
parking areas designated by City.
B. Maintenance of Airport Facilities.
1. City shall maintain all public and common or joint use areas
of the Airport, including the Air Operations Area, in good repair, and shall
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make such repairs, replacements or additions thereto as are required and
necessary for the s~fe and efficient operation of the Airport.
2. Lessee shall keep all areas, including those common use areas
within a distance of one hundred (100) feet from the Premises, free from trash,
debris, litter, and all other discards.
3. Lessee shall notify the City Airport Staff Coordinator of any
condition requiring repairs, replacements or additions necessary for the safe
and efficient operation of the Airport. City shall not be liable to Lessee,
its agents, employees or customers, for any damages resulting from any
condition arising after the execution of this Lease unless Lessee has notified
the Airport Manager and has confirmed such notification in writing directed to
the Authority prior to the occurrence of any loss.
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C. Airspace and Approaches. City reserves the right to take any
action it considers necessary to protect the airspace and approaches of the
Airport against obstruction, together with the right to prevent Lessee from
erecting, or permitting to be erected, or locating any building, object, or
structure on the Premises or adjacent to the Airport which, in the opinion of
City, would limit the usefulness 'of the Airport or constitute a hazard to
aircraft.
ARTICLE V
PAYMENTS
A. Rent and Fees. In consideration of the rights and privileges
granted by this Agreement, Lessee agrees to pay City during the term of this
Agreement a rental of three thousand two hundred one dollars and thirty-three
cents ($3,201.33) per month.
B. Payments.
The rental shall be
be made on the first day of
due and payable on the first day
this Agreement.
paid monthly in advance, the first payment to
, 19___, and a like payment shall be
of each month thereafter during the term of
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C. Delinquency Charge. A rental payment shall be delinquent if not
paid on or before the 10th day of the month in which payment is due, and shall
accrue interest at the rate of eighteen (18) per cent per annum until paid.
D. Place of Payment. All payments due City from Lessee shall be
delivered to the Finance Department, City of Clearwater, P.O. Box 4748,
Clearwater, Florida 34618.
E. Legal Taxes and Assessments. Lessee shall pay all legal taxes and
assessments against the Premises during the term of this Agreement.
F. Lessee will maintain in accordance with generally accepted
accounting principles and keep for a period of five (5) years and for such
additional reasonap1e period as the City may, in writing, request, records and
books of account a~d such other records as the City may reasonably request,
recording all trans~ctions for the conduct of the business provided for herein,
all of which records and books of account shall be made available at the
Clearwater Executive Airport, or in such other location as may be approved or
requested in writing by the City.
G. The acceptance by City of any statement by Lessee, or of any
payment, shall not be deemed a waiver of the right of City to claim additional
payment after a review and inspection of Lessee's books and records nor shall
such acceptance constitute a waiver by Lessee of any claim for a refund from
City for any overpayment.
H. Lessee will use cash and credit control devices of a type acceptable
to City and that accurately reflect the gross revenues of Lessee from all
sales.
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I. Lessee shall, during the term of this Agreement, and for one (1)
year thereafter, permit, upon reasonable notice to Lessee, inspections and
audit by City of all records and books of account, including such records as
may be required by the City to be maintained by Lessee and information required
to be maintained pursuant to any provision of this Agreement. It is further
understood and agreed that any such inspection and audit shall be conducted
during the business hours of Lessee and that Lessee shall make the aforesaid
records, books of 'account and other documentation available at a location
designated in writing by the City.
J. Abatement of Rent and Lease Extension. In the event the prov1s1ons
of Article XV, A.4 become applicable, Lessee's rent shall abate in proportion
according to the number of days of the month in which the disruption occurs.
In such an event, Lessee shall have the option to terminate the Lease or keep
the Lease in force. In the latter case, the Lease shall be extended for such
time as the Airport is closed to civilian air traffic.
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ARTICLE VI
UTILITIES
Lessee agrees to pay the cost of all utilities for the facilities
leased. In the event Lessee fails to pay any utility bills when due, City may,
at its option, pay the same and collect from Lessee the amounts so disbursed,
plus interest at the rate of eighteen (18%) per cent per annum until paid, and
in such event, this' Agreement is subject to cancellation at the option of the
City. "
ARTICLE VII
INSURANCE
Lessee shall procure and maintain during the term of this Agreement insurance
against claims for injuries to persons or damages to property which may arise
from or in connection with this Lease. The cost of such insurance shall be
borne by the Lessee.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 0001 (Ed. 11/85) or
CG 0002 (Ed. 2/86) covering Comprehensive General Liability; and
Insurance Services Office form number GL 0404 (Ed. 5/81) covering
Broad Form Comprehensive General Liability, and
2. Insurance Services Office form number CA 0001 (Ed. 1/87)
covering Automobile Liability, code 1 "any auto"; and CA 002
(Ed.1/8]), and
3. Workers' Compensation as required by the State of Florida and
Employers' Liability insurance.
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Minimum Limits of Jnsurance
1
Lessee shall maintain limits and types of insurance no less than as specified
in Article III.
1. Comprehensive General Liability: $1,000,000 combined single
limit each occurrence for bodily injury and property damage to
include:
a. Premises and Operations
b. Independent Contractors
c. Products and Completed Operations
d. Broad Form Contractual
e. Personal Injury
2. Automobile Liability: $1,000,000 combined single limit bodily
injury and property damage each occurrence.
"
3. Workers' Compensation and Employers' Liability: Workers'
Compensation limits are required by the State of Florida and
Employers' Liability limits of $500,000 per accident.
4. Property Damage: Equal to replacement cost of real or
personal property owned by the City, or acquired by the City, or
by the Lessee on the City's behalf, during the term of this
Lessee. Policy shall identify by separate schedule each item of
personal or real property covered and its respective replacement
cost.
5. Co-Insurance: A minimum of 80% co-insurance is required.
C. Deductibles and Self-Insured Retentions
Any deductions or self-insured retentions must be declared to and approved by
the City. At the option of the City; either the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City, its
officials and employees or the Lessee shall procure a bond, letter of credit or
other instrument acceptable to City, guaranteeing payment of losses and related
investigation, claim administration a~d defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following
provisions:
1. General Liability and Automobile LiGbility Coverages:
a. The City, its officials, employees and volunteers are to
be covered as insureds as respects liability arising out of activities
performed by or on behalf of the Lessee; products and completed operations of
the Lessee; premises o\vued, leased or used by the Lessee; or automobiles o"~ed,
leased, hired or borrowed by the Lessee. The coverage shall contain no special
limitations on the scope of protection afforded to the City, its officials,
employees or volunteers.
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b. The Lessee insurance coverage shall be primary insurance
as respects the City, its officials, employees and volunteers. Any insurance
or self-insurance maintained by the City, its officials, employees or
volunteers shall be excess of Lessee insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the
policies shall not affect coverage provided to the City, its officials,
employees or volunteers.
d. Coverage shall state that Lessee insurance shall apply
separately to each insured against whom claim is made of suit is brought,
except with respect to the limits of the insurer's liability.
2. Wo~kers' Compensation and Employers' Liability Coverages:
The insurer shall agree to waive all rights of subrogation
against the City, its officials, employees and volunteers for losses arising
from work performed by'Lessee for the City.
3. All Coverages:
a. Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be suspended, voided, cancelled
reduced in coverage or in limits except after sixty (60) days prior written
notice by certified mail, return receipt requested, has been given to the City.
b. If the Lessee is underwritten on a claims-made basis,
the Retroactive Date shall be prior to or coincident with the date of this
Agreement and the Certificate of Insurance shall state that coverag~ is claims
made and also the Retroactive Date. The Lessee shall maintain coverage for the
duration of this Lease and for the two (2) years following the completion of
this Lease. It is further agreed that the Contractor shall provide the City a
60-day notice of aggregate erosion, an advance of the Retroactive Date,
cancellation and/or renewal. It is also agreed that either the Lessee or City
may invoke the tail option on behalf of the other party and that Extended
Reporting Period (ERP) premium sh~ll be paid by the Lessee.
E. Acceptability of Insurers
Insurance is to be placed with insurers possessing a Bests' rating
of no less than A:XIII.
F. Verification of Coverage
Lessee shall furnish the City with Certificates of Insurance and
with the original policy of endorsements affecting coverage required by this
clause. The certificates and endorsements for each insurance policy are to be
signed by a person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements shall be submitted only on the insurance
forms attached to this lease, Attachment D. These forms shall be received and
approved by the City before execution of Lease documents by authorized City
officials.
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G.
Subcontracts
1 Subleases
1
Lessee shall include all subcontractors/subleases as insureds
under its policies or shall furnish separate certificates and endorsements for
each subcontractor/sublessee. All coverages for subcontractors/sublessee shall
be subject to all of the requirements stated herein.
ARTICLE VIII
LIABILITY N~D INDEMNIFICATION
A. Lessee agrees to assume all risks of the Premises and all liability
therefore, and shall defend, indemnify, and hold harmless the City, its
officers, agents apd employees from and against any and all loss, liability,
and damages of what~ver nature, to persons and property, including, without
limiting the genera~ity of the foregoing, death of any person and loss of the
use of any property. This includes, but is not limited to, matters arising out
of or claimed to have been caused by or in any manner related to the Premises
or Lessee's operations<or those of any approved or unapproved tenant,
subtenant, licensee, invitee, contractor, subcontractor or other person
approved, authorized, or permitted by Lessee in or about the Premises,
including losses, liability, and claims related to air and noise pollution, or
any other operations pursuant hereto, whether or not based on negligence.
Lessee shall defend all such claims, demands, and suits, whether groundless or
not, at Lessee's own cost and exense. Further, Lessee does hereby covenant and
agree to indemnify, hold harmless, and defend City, its officers, agents, and
employees, from and against any and all loss, liability, and damages arising
out of or in any manner related to any breach by Lessee, its agents, employees,
invitees, licensees, contractors, subcontractors, tenants, or subtenants,
whether approved or unapproved, of any of the terms, conditions, or,other
provisions of this Agreement.
B. Lessee agrees to defend, indemnify, and hold harmless the City,
its officers, agents, and employees from and against any and all claims or
liability for compensation under any workmen's compensation statute arising out
of injuries sustained by any employee of Lessee or of any licensee, contractor,
subcontractor, tenant, or subtena?t of Lessee.
C. Lessee agrees to indemnify City from and to assume all liability
for, and to pay all taxes and assessments of every kind, including taxes
imposed or which may be imposed by the County of Pinel1as and City of
Clearwater, which by law may be levied or assessed on the premises occupied by
Lessee pursuant to this Agreement, or which arise out of the operations of
Lessee, or by reason of occupancy by Lessee or any of Lessee's agents,
licensees, invitees, contractors, subcontractors, tenants, or subtenants,
whether or not approved by the Lessor. Lessee shall be responsible for
obtaining bills for all of said taxes and assessments directly from the taxing
or assessing authority, and shall promptly deliver to the City copies of
receipts of payment.
D. Lessee's obligations to defend, indemnify, and hold harmless, as set
forth in this article shall include any and all attorneys' fees and
investigative expenses, incurred by City in the defense and handling of said
suits, claims, damages, and the like, and in enforcing and obtaining compliance
with the provisions of this Article.
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ARTICLE IX
DISCLAIMER OF WARRANTIES
This Agreement constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed, modified or discharged except by
written Amendment duly executed by both parties. Lessee agrees that no
representations or warranties shall be binding upon City unless expressed in
writing herein or in a duly executed Amendment hereof.
It is understood and agreed that:
A. City does not warrant, and hereby disclaims any and all liability
and responsibility. for or on account of the condition of, the Premises, or the
Airport or any port~ons thereof, or for or on account of anything affecting
such conditions.
B. City makes no warranties and has no obligations or liability for or
with respect to the removal of sand, water or debris from the Premises or any
part thereof.
c. City makes no warranties and has no obligations or liability for or
with respect to. the acts or omissions of, or the presence or absence of any
other Lessee or operator at or from the Airport.
D. City makes no warranties and shall have no obligations or liability
with respect to noise, noise pollution, air quality, or air pollution.
E. City makes no warranties and shall have no obligations or liability
with respect to any work which City's employees or contractors or
subcontractors may perform for Lessee.
ARTICLE X
LESSEE AS INDEPENDENT CONTRACTOR
In conducting its business hereunder, Lessee acts as an independent
contractor and not as an agent of City. The selection, retention, assignment,
direction and payment of Lessee's employees shall be the sole responsiblity of
Lessee, and City shall not attempt to exercise any control over the daily
performance of duties by Lessee's employees.
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ARTICLE XI
ASSIGNMENT
This Agreement, or any part thereof or interest therein, may not be assigned,
transferred or subleased by Lessee.
All principals of the Lessee and their respective percentages of ownership shall
be disclosed to the City in writing and it is expressly agreed that if the Lessee is a
corporation, any change in the ownership of corporate stock; or if a partnership, the
addition to or withdrawal of any partner from the partnership firm; or the addition to
or withdrawal of a principal Lessee in whatever capacity; by purchase or sale, or
operation of law or in any other manner whatsoever, shall be deemed an assignment in
violation of this article.
Notwithstanding any attempt by Lessee to assign, transfer or sublease this
Agreement, or any part thereof or interest therein, Lessee shall remain obligated and
liable to City for the performance of all covenants, terms, and conditions, warranties
and other provisions of this Agreement to the same extent that Lessee would have
been obligated and liable if such assignment, delegation, or sublease had not been
attempted, but such attempt shall be deemed an act of material default by Lessee.
It is understood and agreed that City may, at any time, with or without notice,
assign or delegate any or all of its rights hereunder.
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ARTICLE XII
NON-DISCRIMINATION
Notwithstanding any other prov1s1on of this Agreement, during the
performance of this Agreement, Lessee, for itself, its heirs, personal
representatives, successors in interest and assigns, as part of the
consideration for this Agreement, does hereby covenant and agree, as a covenant
running with the land, that;
A. No person shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination in the use of the
Premises on the grounds of race, color, religion, sex, handicap, age, or
national origin.
,
B. In the c9nstruction of any improvements on, over or under the
Premises, and the furnishing of services therein or thereon, no person shall be
excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination on the grounds of race, color, religion, sex or
national origin.
C. Lessee shall use the Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 2l,
Nondiscrimination in Federally Assisted Programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as
said regulations may be amended.
D. The Lessee shall observe the following laws:
FEDERAL:
Section I of the l4th Amendment, The Equal Pay Act, The Civil Rights
Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the
Standards of Merit System Personnel Administration, Executive Order
12246 as amended, Revised'Order 4, the Age Discrimination Act of 1967,
the Rehabilitation Act of 1975, Executive Order 11914, Inter-Agency
Agreement March 23, 1963, State and Local Fiscal Assistance Act, OMB
Circular 102 Attachment 0 and all other applicable laws.
E. In the event of breach of any of the above non-discrimination
covenants, City shall have the right to terminate this Agreement and to reenter
and repossess the Premises and hold the same as if said Agreement had never
been made or issued. This provision does not become effective until the
procedures of 49 CFR Part 21 have been followed and completed, including
expiration of appeal rights.
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ARTICLE XIII
REQUIREMENTS OF THE UNITED STATES
This Agreement shall be subject and subordinate to the provisions of any
existing or future Agreement between City and the United States, or any agency
thereof, relative to the operation or maintenance of the Airport, the execution
of which Ims been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of the Airport.
ARTICLE XIV
DEFAULT AND TERMINATION
A. Termination by Lessee. This Agreement shall be subject to
termination by Lessee in the event of anyone or more of the following events:
1. The abandonment by the City of the Airport as an airport
or airfield.
2. The material default by City in the performance of any
of the terms, covenants or conditions of this Agreement, and the failure of
City to remedy, or undertake to remedy, to Lessee's satisfaction, such default
for a period of thirty (30) days after receipt of notice from Lessee to remedy
the same.
3. Uninsured damage to or destruction of all or,a material
part of the Premises or Airport facilities necessary to the operation of
Lessee's business not repaired within l80 days.
4. The lawful assumption by the United States, State of
Florida, or any authorized agency thereof, of the operation, control or use of
the Airport, or any substantial part or parts thereof, in such a manner as to
restrict substantially Lessee from conducting business operations for a period
in excess of ninety (90) days. '
B. Termination by City. This Agreement shall be subject to
termination by City in the event of anyone or more of the following events:
1. The material default by Lessee in the performance of any
of the terms, covenants or conditions of this Agreement, and the failure of
Lessee to remedy, or undertake to remedy, to City's satisfaction, such default
for a period of thirty (30) days after receipt of notice from Lessor to remedy
the same, except insurance requirements of Articles III and VIII, which must be
remedied within seven (7) days.
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2. LJssee files a voluntary petition :In bankruptcy,
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including a reorganization plan, makes a general or other assignment for the
benefit of creditors, is adjudicated as bankrupt or if a receiver is appointed
for the property or affairs of Lessee and such receivership is not vacated
within thirty (30) days after the appointment of such receiver.
3. The City determines that a municipal need exists
consistent with the City's Charter.
C. Exercise.
Paragraphs A and B, above,
of timely notice shall not
Exercise of the rights of termination
shall be by notice to the other party.
be deemed a waiver of any breach.
set forth in
Forebearance
D. Removal of Property. Upon termination of this Agreement for
any reason, Lessee, at its sole expense, shall remove from the Premises all
signs, trade fixtures, furnishings, personal property, equipment and materials
which Lessee was pe~mitted to install or maintain under the rights granted
herein. If Lessee shall fail to do so within thirty (30) days, then City may
effect such removal or restoration at Lessee's expense, and Lessee agrees to
pay Lessor such expense promptly upon receipt of a proper invoice therefor.
E. Causes of Breach; Waiver.
1. Neither party shall be held to be in breach of this
Agreement because of any failure to perform any of its obligations hereunder if
said failure is due to any cause for which it is not responsible and over which
it has no control; provided, however, that the foregoing provision shall
neither apply to failures by Lessee to pay fees, rents or other charges to
Lessor, nor to providing the amounts of insurance contained in Articles III and
VIII of the Agreement.
,
2. The waiver of any breach, violation or default in or
with respect to the performance or observance of the covenants and conditions
contained herein shall no~ be taken to constitute a waiver of any such
subsequent breach, violation or default in or with respect to the same or any
other covenant or condition hereof.
'ARTICLE XVI
MISCELLANEOUS PROVISIONS
A. It is understood by the Lessee that no right or privilege has
been granted to Lessee which ~ould operate to prevent any person, firm or
corporation operating aircraft on the Airport from performing any services on
its own aircraft with its own regular employees (including, but not limited to,
maintenance and repair) that it may choose to perform.
B. It is understood and agreed that nothing herein shall be
construed to grant or authorize the granting of an exclusive right other than
rights of possession to the Premises.
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1. The Lessee assures that it will undertake an affirmative
action program, as required by 14 CFR Part 152, Subpart E, to ensure that no
person shall, on the grounds of race, creed, color, national origin, or sex, be
excluded from participating in any employment, contracting, or leasing
activities covered in 14 CFR Part 152, Subpart E. The Lessee assures that no
person shall be excluded, on these grounds, from participating in or receiving
the services or benefits of any program or activity covered by this Subpart.
The Lessee assures that it will require that its covered organizations provide
assurance to the Lessee that they similarly will undertake affirmative action
programs and that they will require assurances from their suborganization, as
required by 14 CFR Part 152, Subpart E, to the same effect.
2. The Lessee agrees to comply with any affirmative action
plan or steps for equal employment opportunity required by 14 CFR Part l52,
Subpart E, as part' pf the affirmative action program or by any federal, state,
or local agency or ~ourt, including those resulting from a conciliation
agreement, a consent decree, court order, or similar mechanism. The Lessee
agrees that a state or local affirmative action plan will be used in lieu of
any affirmative action'plan or steps required by 124 CFR Part 152, Subpart E,
only when they fully meet the standards set forth in 14 CFR 152.409. The
Lessee agrees to obtain a similar assurance from its covered organizations, and
to cause them to require a similar assurance of their covered suborganizations,
as required by 14 CFR Part 152, Subpart E.
C. City reserves the right to further develop or improve the
airport as it sees fit, regardless of the desires or view of the Lessee, and
without interference or hindrance. City shall make every effort to minimize
the disruption of normal Airport usage during periods of repair or further
Airport development.
D. City reserves the right to maintain and keep in repair the
landing area of the Airport and all publicly-owned facilities of the Airport,
together with the right to direct and control all activities of Lessee in this
regard.
E. During time of War or national emergency City shall have the
right to lease the landing area or any part thereof to the United States
Government for military or naval use, and, if such lease is executed, the
provisions of this instrument insofar as they are inconsistent with the
provisions of the lease to the Government, shall be suspended.
F. City reserves the right to enter upon the premises during
normal business hours for the purpose of making any inspection it may deem
expedient to the proper enforcement of any of the covenants or conditions of
this Agreement.
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G. City reserves the right to bar, terminate, or otherwise
prohibit the use of its common use, publicly-owned facilities by persons,
activities or organizations including Lessees judged by the Lessor, Lessee, or
other duly authorized authority to be operating in an unsafe or unauthorized
manner. Further, such unsafe or unauthorized activity may be grounds for
contract breach.
H. Severability. If a provision hereof shall be finally declared
void or illegal by any court or administrative agency having jurisdiction, the
entire Agreement shall not be void, but the remaining provisions shall continue
in effect as nearly as possible in accordance with the original intent of the
parties.
I.
connection with
certified mail,
Notice. Any notice given by one party to the other in
the Agreement shall be in writing and shall be sent by
\
ret~rn receipt requested, with postage and fees prepaid:
1. If to Lessor, addressed to:
City Manager, City of Clearwater
P.o. Box 4748
Clearwater, Florida 34618-4748
2. If to Lessee, addressed to:
Suncoast Aviation, Inc.
1000 North Hercules
Clearwater, Florida 34625
Notices shall be deemed to have been received on the date of receipt as shown
on the return receipt.
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,
this
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
n'1"- day of 'too ~ _ . 1988.
~ G
Approved as to form
and correctness:
~
Witnesses as to Lessee:
CITY OF CLEARWATER, FLORIDA (Lessor)
kID'.&.:=
. City Manager
Attest:
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Al::;&8-BfBfA
SUNCOAST AVIATION, INC.
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TIE-DOK~ HANGAR LEASE
That the has this d3Y leased to
1'\ame of Lessor
, ~ '
Tie-Down Space No.
located on the Cle2rh'ater Executive
Airpark on a month-to-month term beginning on the 1st day of
, 198
, upon the following terms and conditions:
1. The tie-dohrn is to be used solely for the parking of
I the tenant's ain,rorthy aircraft \,ri th the exception
that automobile
\
parking in the space 1S permitted \,'hile the aircraft is being flohrn.
2. Aircraft parked in each space must be registered with
the Clearwater Executive Airpark. The aiicraft to be parked 1S
described as
N-number
3. Airworthy aircraft may not be under repa1r for more
than ninety (90) days.
4. If the tenant changes the aircraft to be parked in
the space, the identification and N-number of the new aircraft
must be reported to the airport manager and shown on this rental
agreement.
5.
Rent in the amount of $
plus ap-
plicable sales tax is due in advance on the first of each month
beginning
, 198
and will be considered de-
linquent if not paid on or before the 20th of each month.
If the
tenant has not paid the rent on or before the last day of each
month when it becomes due, the Lessor may terminate the rental
agreement. The Lessor reserves the right to adjust the rental
\
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am 0 un t up 0 n 15 day s ,,' I' i t ten not ice tot h e ten ant.
6. The tenant shall make no structural, electrical, or
other modification to the premises without first securing a permit
from the City.
7. The tenant shall be responsible for all dal1lage to
-the lea-sed premu;es caused by the ten~1llts negligence or abuse. If
\
the tenant does not promptly repair any dal1lages c.Jused by its neg-
ligence or abuse aft~r notification by the Lessor or the City, the
Lessor or City reserves the right to m3ke repairs at the tenant's
expense which shall become due and payable as part of the tenants
rent on the next monthly billing cycle.
8. Partial payment of hangar rental will not be ac-
cepted by the Lessor.
.. :.
9. The Lessor and Ci~y reserves the right at ~ll times
to enter the hangar for security, fire, and other inspections.
The hangar shall not be used for any illegal purpose or used in
connection Hith any. illegal activity.
10.
Remedies for default and payment.
If the tenant
defaults in the payment of rent or does not fulfill the other terms
and conditions of this lease, the tenant does, by the signing of
this lease, grant the Lessor and/or the City the right to remove
th~ airplane and all contents from the hangar and to then lease the
hangar to another tenant. Any airpl~ne removed from a han~ar for
non-payment of rent shall be impounded by the Lessor/City in a tie-
down area designated by the airport manager, and shall not be removed
until all unpaid rent, storage charges, and tie-down fees are paid
in full. This section shall be construed to be an additional remedy
and right granted by the tenant to the Lessor and to the City 1n
. ,~ .
addition to any other remedy available by law.
11. No explosive or flammable materials Hill be permitted
within or about the tie-down space with the exception of fuel in
aircraft tanks.
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12. N"o boxes, crates, rubbish, p:1per, or litter shall
be p e I'm i t t e d at 0 r 3 b 0 u t the tic - do \,' n spa c e . A 11 spa c e s s hall
be kept clean and neat.
13. Lessee shall be permitted to perform only those re-
pairs and/or maintenance wllich are specifically autl16rizcd unJer
Federal Air Regul~tions, P:1rt 43, preventive maintenance allowed
by owner/pilot and subject to approval by the fire official, wllich
docs not requ ire the services of a licensed A & P mcchanic. This
mainten::ll1ce m3Y be performcd only by the o\,'ner or operator of the
aircraft.
14. If it becomes necessary for the Lessor to use legal
process to collect unpaid rent or charges, the tenant shall pay
all costs of collection at trial and appellate levels, including
,
attorney fees, incurred by the Lessor.
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E~CLOSED HAj\'GAR LEASE
That the
has this day leased
j\'ame of Lessor
to
Hanger No.
located on the Clearwater Executive Airpark
on a month-to-month term beginning on the 1st day of
198 ,upon the following terms and conditions:
1. The hanger is to be used solely for the storage of
the tenant's airworthy aircraft with the exception that automobile
parking in the hangar is permitted while the aircraft is being flown.
2. Aircraft stored in hangar must be registered with
the Clearwater Executive Airpark Operator/FBO. T11e aircraft to be
hangared is described as
N-number
j. Airworthy aircraft may TIot be under repalr for more
than ninety (90) days.
4. If the tenant changes the aircraft to be stored in
the hangar, the identification and N-number of the new aircraft
musi be reported to the airport manager and shown on this rental
agreement.
s. Rent in the amount of S
plus
applicable sales tax is due in advance on the first of each month
beginning
, 198.
and will be considered
delinquent if not paid on or before the 20th of each month. If
the tenant has not paid the rent on or before the last day of each
month when it becomes due, the Lessor may terminate the rental
,
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agreement. The Lessor reserves the right to adjust the rental
amount upon IS days \,"ritten notice to the tenant.
6. The tenant shall make no structural, electrical, or
other modification to tlle premises without first securing a permit
from the City and approval from the Lessor.
7. The tenant shall be responsible for all damage to_
the leased premi~es caused by the tenants negligence or abuse. If
the tenant does not promptly repair any damages caused by its neg-
1igcnce or abuse after notifica~ion by the Lessor and/or City, the
City reserves the right to mak~ repairs at the tenant's expense
which shall become due and payable as part of the tenants rent on
the next monthly billing cycle.
8. Partial payment of hangar rental will not be ac-
cepted by the Lessor.
9. The tenant shall purchase a hangar lock from the
airport manager with one key supplied to the tenant and one key
to be retained by the airport manager.
lO.Th~ Lessor and ~he City reserves the right at all
times to enter the hangar for security, fire, and other inspect-
ions. The hangar shall not be used for any illegal purpose or
used in connection with any illegal activity~
11. Remedies for default and payment.
If the tenant
defaults in the payment of Tent or does not fulfill the other
terms and conditions of this lease, the tenant does, by the sign~
ing of this lease, grant the Lessor or the City the Tight to re-
move the airplane and all contents from the hangar and to then
lease the hangar to another tenant. Any aiTplane removed from a hanger
fOT non-payment of rent shall be impounded by the LeSSOT 01' the
,___ _",__ --City in a tie-do\,m area designated by the "airport. manage!" " and.. ,-
shall ~oi be removed until all unpaid rent, storage charges, and
tie-down fees are paid in full. This section shall be construed
to be an additional remedy and right granted by the tenant to the
Lessor in addition to any other remedy available by law.
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12. Tenant shall keep floor of hangar clean and clear
of oil, grease, and other stains.
13.. No. explosive or flammable materials will be per-
m i t t e d h' i t h i nor a b 0 u t the h (1 n gar \,' i t h the ex C c 11 t ion 0 f f II e 1 i n
aircraft tanks.
14 . No' box e s, c I' (1 t e s, I' U b b ish, P (1 per, 0 I' 1 i t t crt 11 (1 t
could cause or support combustion shall be permitted within or
about the hangar.
15. Tenant may polish or cleJn aircraft In the hangar
if flammable materials are not used.
l6. No shop equipment shall be installed 1n the hangar.
17. Lessee shall be permitted to perform only those
repa1rs and/or maintenance which are specifically authorized under
Federal Air Regulations; Part 43, preventive maintenance allowed
by owner/pilot and subject to approval by the fire official, which
does not require the services of a licensed A & P mechanic. This
maintenance maybe performed 'only by the owner or operator of the
aircraft.
18. If it bec~mes necessary for the Lessor to use legal
process to collect unpaid rent or charges, the tenant shall pay all
costs of collection at trial and appellate levelsr including at~,
torney fees, incurred by the Lessor.
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LESSOR
DATE;
". .......
BY;
DATE:
Tenant
DATE;
Tenant
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DATE:
Tenant
DATE:
Tenant
DATE:
Tenant
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COVERED SHADE HANGAR LEASE
That the
has this day leased to
Name of Lessor
Hanger No.
.
located on the Clearwater Executive Airpark on
a month-to-month term beginning on the 1st day of
198 , upon the following terms and conditions:
l. The hanger is to be used solely for the storage of
the tenant's airworthy aircraft with the exception that automobile
parking in the hangar is permitted while the aircraft is being flown.
l.
2. Aircraft stored in hangar must be registered with
the Clearwater Executive Airpark. The aircraft to be hangared is
described as
N-number
3. Airworthy aircraft may not be under repalr for more
than ninety (90) days.
4. If the tenant changes the aircraft to be stored in
the hangar, the identifi~ation and N-number of the new aircraft
must be reported to the airport manager and shown on this rental
agreement.
5.
Rent in the amount of $
plus
applicable sales tax is due in advance on the first of each month
beginning
, 198____, and will be considered
delinquent if not paid on or before the 20th of each month. If
the tenann, has not paid the rent on or before the last day of
each month when it becomes due, the Lessor may terminate the rental
agreement.
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The Lessor reserves the right to adjust the rental amount upon IS
days written notice to the tenant.
6. The tenant shall make no structural, electrical, or
other modification to the premises without first securing a permit
from the City and approval from the Lessor.
7. The tenant shall be responsible for all damage to
the leased premis~s caused by tIle tenants negligence or abuse. If
the tenant does not yromptly repair any damages caused by its neg-
ligence or abuse after notification by the Lessor and/or City, the
City reserves the right to make repairs at the tenant's expense
which shall become due and payable as part of the tenants rent on
the next monthly billing cycle.
8. Partial payment of hangar rental will not be ac-
cepted by the Lessor.
9. The Lessor and the City reserves the right at all
times to enter the hangar for security, fire, and other inspections.
The hangar shall not be use~ for any illegal purpose or used in
connection with iny illegal activity.
10.
Remedies for default and payment.
If the tenant
defaults in the payment of rent or does not fulfill the other
terms and conditions of this lease, the tenant does, by the sign-
ing of this lease, grant the Lessor or the City the right to re-
move the airplane and all contents from the hangar and to then
lease the hangar to another tenant. Any airplane removed from a
hangar for nbn-payment of rent shall be impounded by the Lessor
Y'
or the City in a tie-down area designated by the airport manager,
and shall not be removed until all unpaid rent, storage charges,
and tie-down fees are paid in full. This section shall be con-
strued to be an additional remedy and right granted by the tenant
to the Lessor in addition to any other remedy available by law.
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11. No explosive or flammable materials will be per-
mitted within or about the hangar with the exception of fuel in
aircraft tanks.
12. No boxes, crates, rubbish, paper, or litter that
could cause or support combustion shall be permitted within or
about the hangar~
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16. If it becomes necessary. for the Lessor to use legal
process to collect unpaid rent or charges, the tenant shall pay
all costs of collection at trial and appellate levels, including
attorney fees, incurred by the Lessor.
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12/16/87
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:;eturn.corT\pleted Certificate To:
::;:TY~:)FC,LEAF.WA1'ER" .
:>.o:~ox"47~~
~ie3!'\"~~.1er ':Pl:34G 18-4748
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~ttn: RISK MANAGEMENT
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CERTIFICATE OF INSURANCE
TO
CITY OF
CLEARW A TER
FLORIDA ("the City")
A Municipal Corporation
-"'] . ...-
Of Insurance form
will be accepted.
I
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This certifies to the City that the following described policies have been issued to the Insured named below and are in force at this time,
.,
insured:
Address:
=
-
Description of operations/locations/products insured:
, I
POLICIES LIMITS POLICY EXPIRATION
AND INSURERS Bodily Injury . Prope rty Damage NUMBER DATE
- -, -'.. - --
... --- -. - ; .
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'. - Worker's Compensation ., - ..
. Employer's liability S
(Name of Insurer)
Best's Rating
"Claims-Made"_ "Occurrence"_
Check policy type:
Comprehensive General liability_ Each Occurrence Each Occurrence
or S S
Commercial Gene.ral liability_ Aggregate Aggregate
S S
or
\
(Name 01 Insurer)
Combined Single limit S
Sest's Rating Aggregate S
- ,
Business Auto Policy Each Person
liability Coverage Symbol - S Each Accident
Each Accident S
S
(Name of Insurer) or
Best's Rating Combined S1:1gle limit S
"Claims-Made"_ 'IOccurrence"_
Umbrella Liability
Occurrence/Aggregate S
. (Name of Insured) Self-Insured Retention S
Best's Rating
The following coverages or conditions are in eriect: Yes No
The City,its officials, and employees are nai71ed on alll;ability policies described above as insureds as respects: (a) activities
performed for the City by or on behalf of the named insured, (b) products and completed operations of the Named Insured,
and (c) prei71ises owned, leased or used by the Named Insured.
-
Contract/Purchase Order No, (if any):
Products and COi71cieted Operations
The undersigned will i71ail to the City 60 days written notice of cancellation; red;;c:icn of coverage or lii71its; aggrecate erosion:
advance of the ?etroac:ive Date: andlor renewal. - . - -
Cross Liabilitv Clause (or ecuivalent wording)
Persona! Injury. perils A, Band C
8rced Form Property Damage
X. C. U Hazards Inc!uced
Contractual Liabilit Coverace acplyina to a"lis Cor,t:actlLease/Acreei71Ent
Uauor Liability
Coverage afforded the City, its olficials, employees and volunteers as an insured applies as prii71ary and not excess or con-
tributing to any insurance issued in the name of the City,
,^Jaiver of s;;brogation from Workers' Compensation insurer, I I
This certificate is issued as a matter of information, This certificate is not an insurance policy and does not amend, extend or aller Ir-,e coverage at~orced :
the policies listed herein, ~~otwilhslanding any requirement. term or condilion of any contract or other document with respect \0 I',hich 1t"lis cenificate 0: insuranc
fTI2;< be issued or may per:zin, the insurance aflorded by tl-,e policies described herein is subject to all the terms, exclusions and conditions of sl)ch policie
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Insurance Company
Agency Dr Brokerage
HOi71e 01lice
Address
N;:.me of Person 10 be Contacted
Authorized Signature
Dale
"'t-e.€j:.ho;Je Nur;-,ber
',ote: AL.::hori:ed Slgr,ature may be the agent's If agent h2s placed insur2n
it'"',rout;;h en 2gEncy 2gi8ement ....i1lh ',he- ir,surer. If insurc:nce is t:rc~:e~~
2'-,',~~u,-;:ed ~;S~,21u~e ;71US\ be :rl~t of c,::ic:al of insurer.
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AT' _, HMENT I TO CERTIFICATE OF INSU,. ,'KE
Dated:
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Issued by
-
BUILDING I
OR
1>ROPERTY NO,
PROPERTY SCHEDULE (US" AOd,'ional Pages A. Necessary)
0'0 OF I
AMOUNT OF INSURANCE COINS- DESCRIPTION AND ADDRESS OF PROPERTY COVEF,ED
URANCE
"
DEDUCTISL:=S APPLiCABLE (SPECIFY)
SUeJECT TO THE r=OLLO'NING ENDORSEI,',ENTS Ail ':"CHED HERETO: