THIRD AMENDMENT TO LEASE DATED 11-26-97
...; ~.
THIRD AMENDMENT TO LEASE AGREEMENT
--/-I
~ AMENDMENT TO LEASE AGREEMENT is made and entered into this ,,( 7 I
day of ; 2002, by and between the CITY OF CLEARWATER, FLORIDA, a municipal
corporation, hereinafter referred to as "Lessor" and CLEARWATER AIRPARK, INC., hereinafter referred
to as "Lessee":
WHEREAS, Lessor and Lessee agree to this Third Amendment to Lease Agreement pursuant to the
terms described herein.
WHEREAS, Lessor and Lessee entered into a Lease and Operating Agreement for Clearwater
Airpark on November 26, 1997 continuing through November 30, 2002; and
WHEREAS, Lessee, with Lessor's consent, wishes to renew this Lease Agreement for the first (1)
five (S) year lease option period on December 1, 2002 through November 30, 2007; and
WHEREAS, Lessor consents to said renewal subject to the terms described herein.
NOW 1HEREFORE, and in consideration of the promises and the mutual covenants herein
contained, the parties hereto agree as follows:
1. Article IlLA. 8 of the Lease Agreement shall be amended as follows:
Master Plan - Shall mean the master plan as adopted by the City Commission on October S,
2000, and any subsequent amendments approved by the Lessor's City Commission, and the
scaled dimensional layout of the entire Airpark, indicating current and proposed usage for each
identifiable segment as approved by the Lessor and the State of Florida.
2. Article IlLC.S of the Lease Agreement shall be added as follows:
Hours of Operation - Aircraft shall be permitted to operate from Clearwater Airpark between
7:00" am and 9:00 pm for landings and 7:00':- am to one hour after official sunset for takeoffs.
The Airpark shall be closed to takeoffs and landings at all other times except when authorized
in writing by the City Manager or designated representative. ':-6:00 am for traffic reporting
aircraft with permission of aitpark manager. Emergency "on call" service will be provided
during off duty hours by Lessee.
Article IlLC.6 of the Lease Agreement shall be added as follows:
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 coverage (copies of all insurance policies shall be on file
with the City):
Comprehensive General Liability $1,000,000.00
Bodily injury and Property Damage
Environmental liability, with the City of Clearwater and Lessee named additional
insured, at a cost not to exceed $7,SOO.00. FBO will be liable for any damage to the
property caused by subsequent fuel spills.
Product Liability $1,000,000.00
Bodily injury and Property Damage
1HIRD AMENDMENT TO AIRPARK LEASE AGREEMENT 1
w- \.'
3. Article v.A. of the Lease Agreement shall be added as follows:
Rent and Fees - In consideration of the rights and privileges granted by this Agreement, Lessee
agrees to pay Lessor during the term of this agreement rent of thirteen thousand three hundred
eleven dollars ($13,311.00) per month, for Airpark and hangar rental, plus eight cents ($.08) per
gallon for all fuel dispensed at the Airpark. Lessee agrees to pay Lessor sales tax on all Rent and
Fee payments. All future revenue generating building rentals will increase Lessee' monthly rent
75% back to the City and 25% for Fixed Base Operator.
Article V.B. of the Lease Agreement shall be added as follows:
Payments - All rent and fee payments shall be paid monthly in advance on the tenth (10) day of
each month during the term of this Agreement. Lessee agrees to pay the pro rata share of any
partial month during the beginning or end of this agreement. Lessor shall determine and assess
a CPI increase yearly on January 1st, for all rent and fee payments.
Article VD. of the Lease Agreement shall be added as follows:
Place of Payment - All payments due Lessor from Lessee shall be delivered to the Marine &
Aviation Department, City of Clearwater, 25 Causeway Blvd., Clearwater, Florida 33767.
4. Article VIII of the Lease Agreement shall be added as follows:
... Further, Lessee does hereby covenant and agree to indemnify, hold harmless, and defend
Lessor, 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, and name the City of Clearwater as additional insured with respect to all
coverage's except workers' compensation.
5. Article XV A. of the Lease Agreement shall be added as follows:
The point of contact for all matters related to the Lease Agreement and all other conditions,
activities and events relating to the Airpark shall be the Lessor's Marine & Aviation Department
Staff Liaison or as otherwise designated by the Lessor's City Manager.
6. All of the terms and conditions of the Lease Agreement are incorporated herein by reference
and shall continue in full force and effect throughout the remaining term of this Lease
Agreement, including the new Exhibit E attached.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year above
wntten.
AttLw/ ~
J.IJ7/Cynthia E. GOud~
V.... City Clerk
1HIRD AMENDMENT TO AIRPARK LEASE AGREEMENT
2
.
-.
By:
1HIRD AMENDMENT TO AIRPARK LEASE AGREEMENf
3
11
-..
.
~
CLEARWATER AIRPARK PLANNED MAINTENANCE PROGRAM
. Item Frequency Responsibility
Cut Grass in Normal Areas See Page 2 FBO
Cut Grass in Special Areas As Needed City
Keep Fence Line Trimmed See Page 2 FBO
Tree Trimming As Needed City
Taxiway Pavement As Needed City
Runway Pavement As Needed City
Shrubbery As Needed FBO
Signs As Needed FBO
CAP Building As Needed CAP
Storm Sewer System Annually City
Storm Retention System Annually City
Parking Lot Pavement As Needed City
Runway Pavement Markings As Needed City
Drainage Swales Annually City
Fire Extinguishers Annually FBO
HVAC Annually FBO
Plumbing As Needed City
Flight Operations Building Painting (interior) 5 Years FBO
Flight Operations Building Painting (exterior) 7 Years City
Carpet/Floor Cleaning Semi-annually FBO
New T-Hangar Drainage sumps Annually City
Hard Stand Replacement/Repair As Needed City
Sprinkler System/Pump Maintenance As Needed City
Electrical Exterior As Needed City
T-Hangar Electrical As Needed City
T-Hangar Lighting Exterior As Needed City
T-Hangar Lighting Interior As Needed Tennant
Shade Hangar Lighting As Needed City
Shade Hangar Electrical As Needed City
Runway Lights As Needed FBO
Exterior Lights As Needed City
T-Hangar Door Lubrication As Needed City
Perimeter Security Fencing As Needed City
Automatic Gates Semi- Annually City
T-Hangar Painting As Needed City
Shade Hangar Painting As Needed City
FBO Building Interior As Needed FBO
FBO Building Exterior As Needed City
Maintenance Hangar Interior As Needed FBO
Maintenance Hangar Exterior As Needed City
Fuel System Above Ground As Needed FBO
Fuel System Below Ground As Needed City
TIllRD AMENDMENT TO AIRPARK LEASE AGREEMENT
4