LEASE
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LEASE
THIS LEASE, entered into by and between the CITY OF CLEAR WATER.
a municipal corporation existing under the laws of the State of Florida,
hereinafter called the "Ci ty", and CLEAR WA TER FLYING COMPANY,
INC. a Florida corporation, hereinafter called the" Tenant",
as follows:
1. The Tenant is hereby granted the exclusive right and privilege
of operating a general aviation fixed-base facility on the following described
property (but not exclusive as to the Airpark as a whole):
Begin at the SW corner of the NW-l/4 of the SW-l/4 of
Sect~pn 12, Township 29 South, Range 15 East; thence run
S 89 20' 18" E along the 40 -acre line a distance of 1353. 36
feet to the SW corner of the NE-l /4 of the SW -1/4 of said
Section 12; continue thence S 89020'18" E along said 40-acre
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line, a distance of 150 feet to a point; thence run N 00 39'42" E,
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a distance of 747.00 feet; thence run~ 89 20'18" W, a
distance of 1503.36 feet; thence S 00 39'42" W, a distance of
747. 00 feet to the point of beginning. Contains 25. 5 acres, MOL.
Said operation shall include the sale of gas, oil, airplane accessories,
lunches, soft drinks, charter, sightseeing trips, sales agency, flying
school, hangar rentals, etc.; provided, however, that any commercial
airlines or helicopter lines shall be permitted only through special permission
of the City Manager.
2. The Tenant shall have the right to conduct a flying school in
accordance with the usual practice and standards for such schools, and may
at all times offer flying instructions to the general public by competent
teachers using airplanes suitable for such purposes, and in accordance with
the rules and regulations of the Federal Aviation Agency.
3. The Tenant shall also maintain facilities for providing all usual
and neces sary services for all airplanes using the field with the exception of
air lines granted a permit to operate on regular schedule runs.
4. The Tenant shall not erect any building on the demised premises ~
or make any material alteration to any building without first submitting plans ..
and specifications to the City Manager of the City of Clearwater and securing
his written approval.
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5. The City will maintain the runways at its expense and keep the
runways and taxiways in as smooth and usable condition as may be practicable.
6. The Tenant and its customers may use the landing strips and
taxiways for the purposes of carrying on the business aforesaid and shall
do so in a manner completely harmonious with other users of said Airpark.
The Tenant further agrees that it and/ or its agents will see at all times that
the runways and taxiways are safe for aircraft and will give proper warning
of any danger of which it knows or ought to know and to keep the runways
free of obstructions insofar as possible and/or to place markers warning
pilots of danger, and notify City Manager promptly of any l,lnsafe conditions.
7. For the use of the field and demised premises described in
Paragraph 1, the Tenant shall pay to the City the following:
(a) 2f per gallon on all gasoline sold on the premises.
(b) 5% of gros s income received from the sale of merchandise, parts
and acces sories, such as oil, batteries, tires, instruments, etc.
(c) 1% on gross sales of any new or used aircraft and rotocraft.
(d) 5% on the gross income received from any restaurant
concession or other food sales conducted by the Tenant or its agents.
(e) 5% of the gross income received from flying instructions,
aircraft rental, air taxi service, aerial photography or any other flight
ope ra tions .
(f) Any sub-lease which may be approved by the City Commission
would be subject to terms and conditions imposed by the City Commission at
the time of approval of said sub-lease.
(g) Any other operations not considered herein above shall be on
5% of the gros s revenue received.
Proper books of accounts shall be kept by the Tenant showing all gross
receipts and such books shall be available for inspection and audit by the City
at all times. All computations on percentages and gallonage shall be submitted
by the Tenant to the City on or before the 25th of each month showing gross
income during the preceding month and a check for the amount due the City
shall be submitted with each stctement. The Tenant guarantees that the
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amount paid the City by the Tenant shall not be less than $200.00 per month
for any month of the said term.
8. The facility shall be kept available for general aviation purposes
and any commercial airlines approved by the City Manager , but no portion
of the facility may be used or leased for experimental purposes without the
express written consent of the City Manager or City Commission as contemplated
in Paragraph 7 (f) above. The Tenant shall not have the right to assess landing
fees or other charges against any aircraft using the landing strip; provided,
however, that the Tenant shall have the right to make reasonable charges
for services he renders to aircraft which desire such services to include
tie -downs but not limited thereto.
9. The Tenant agrees to accept the condition of all buildings "as isll
and to maintain the same during the term of this lease and to surrender the
same at the end of this lease in as good condition, ordinary wear and tear
by the elements excepted, as they are now.
10. The Tenant agrees to protect and hold harmless the City from
all damages or claims for loss, damage or injury that may be suffered by
anyone whomsoever on account of operations carried on by the Tenant under
this lease. To that end the Tenant shall, at its own expense, purchase
and maintain fire insurance on all buildings and shall purchase proper
aircraft operations insurance, including liability to bailees, tenants and
invitees, including coverage on aircraft accidents, fueling, hangarkeepers
maintenance and service, together with premises operation insurance with
coverage on automobile parking lots, slip and fall, special events, tenants
and contractors and vehicles, all of which said insurance shall have an
endorsement thereon that the City of Clearwater is an additional insured,
providing reasonable notice to the City in case of cancellation and a certificate
of insurance on each policy providing satisfactory limits of coverage in
the opinion of the City Manager shall be produced at the time this lease
is executed.
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11. In order to make certain that the Tenant does not charge exceSSIve
prices for its services, the City shall have the right to make or cause to have
made a complete examination of the Tenant's books at regular intervals, and
in any event not less often than annually. In the event that the City feels that
the rates charged by the Tenant are too high, the City shall have the right
to require the Tenant to reduce such rates to figures fixed by the City;
provided, however, that the Tenant shall always be permitted to make a gross
profit of not less than twenty-five per cent (250/0) of total sales.
12. In all of its operations under this agreement, and particularly
in connection with the operation of aircraft by it under its control, the
Tenant agrees to comply with the provisions of all applicable ordinances of the
City of Clearwater whether noW existing or hereinafter enacted.
13. It is mutually understood and agreed that all buildings on the
Airpark property are now the property of the City over which the Tenant
has any control (and this new lease acts as an assignment by the Tenant
of any interest it may have to any of the Airpark property other than the
demised premises) and that no one has any claim against any of the said
buildings on the demised premises as a result of and/or arising from that
certain lease dated the 9th day of April, 1954 by and between the City of
Clearwater and the Clearwater Flying Company, Inc. This lease super-
sedes the aforementioned lease and both parties hereto agree that this
lease contains the complete agreement both oral and written between the
parties hereto and that the same may only be amended by written instru-
ment and fully executed by all parties.
14. The City agrees not to assess or collect any ad valorem taxes on
the property during the term of this lease unless required by law so to do.
The Tenant agrees that it will promptly pay all ad valorem taxes that may
be assessed against the property during the term of this lease.
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15. The Tenant and the City mutually agree that the Tenant shall
not have any right to as sign, transfer, hypothecate or pledge this lease for
any purpose or any portion thereof; however, the City may upon proper
application being made agree to such assignment, sub-let or hypothecation
if, in the opinion of the City Commission, such an assignment, pledge or
hypothecation would be to the best interest of the City of Clearwater and
then such consent must be in writing. Assignment or sale of shares of stock
in any corporate les see to any person or persons, corporate or otherwise,
which would vest in such person or persons, corporate or otherwise, by
such transfer the ownership of over one-half of the common stock of said
corporation shall be construed as an assignment of this lease, and shall
be made only upon written consent as aforesaid. Any attempt to pledge,
encumber, hypothecate or assign without prior consideration and consent
by the City Commission will render this lease null and void if allowed to
continue for a period of more than thirty (30) days.
16. The City covenants that so long as the Tenant shall comply with
the covenants herein made by the Tenant, said Tenant may use and peaceably
enjoy the premises as between the City and the Tenant without the Lessor IS
warranty as to title or the City's right, power or authority to make this lease
or to lease the demised property and without warranty as to the lawful or
unlawful claims of third parties.
17. It is mutually agreed and understood that the City will operate
an airpark and keep open to the public airport facilities at this location
in conjunction with the demised premises for the balance of the term of this
lease; subject, however, to the right of the City to make other leases and uses
of portions of the premises adjacent to the demised premises which said uses
shall be compatible to aviation in the opinion of the City Manager.
18. This lease shall become effective on the date hereof and shall
remain in effect for a period of fourteen (14) years ending on the
9th
day of June, 1980.
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19. This lease merges and supersedes all prior negotiations,
representations and agreements, and constitutes the entire contract between
City and Tenant concerning the leasing of the premises and the consideration
thereof. This lease shall be binding on and inure to the benefits of the
successors and assigns of the respective parties hereto as provided
in Paragraph 15 hereof. No waiver of any breach or default or failure
of the Tenant hereunder, shall be deemed a waiver of any subsequent breach,
default or waiver of the Tenant hereunder, and any said breach, default
or waiver shall be deemed to be continuing rmles s and until specifically
waived in writing by the City.
20. In the event the City retains an attorney to enforce any of the
provisions of this lease, or to effect the enforcement of any legal right of the
City against the Tenant, the Tenant hereby agrees to pay to the City all costs
of said enforcement including court costs and reasonable attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused these
presented to be signed this / Oi~day of June, 1966.
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Approv to form and correctness:
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Signed, Sealed and Delivered in the
Presence of:
Attest:
CLEARWATER FLYING COMPANY, INC.
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Attest: \. ( ~L<.) )/1. ~A'CJ{,< cp-t<--.+fc.
Secretary r
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