LEASE AND OPERATING AGREEMENT (3)
LEASE AND OPERATING AGREEMENT
This Lease and Operating Agreement (the
is made and entered into this I ~ day of Septet\.\. her
between the City of Clearwater, a Florida
hereinafter called the "Lessor", and Clearwater
hereinafter called the "Lessee".
"Agreement"),
2007, by and
municipality,
Airpark, Inc. ,
This agreement represents the
agreement between Lessee and Lessor and
Request for Proposal, Lessee's Response
thereto.
whole and entire
incorporates City's
and all attachments
ARTICLES
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
Article XVI
Term
Aviation Operations Area
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
Leasehold Improvements
ATTACHMENTS
Attachment A
Attachment B
Attachment C
Attachment D
Attachment E
Drawing of Leased Premises
Tie-Down/Hangar Lease Form
Tie-Down/Hangar Rental Rates
ADA Deficiencies @ Air Ops. Bldg.
(no longer applicable)
Minimum periodic maintenance standards
and Mowing Specifications
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WIT N E SSE T H:
WHEREAS, Lessor
operation and maintenance of
City-owned land within the
Clearwater, now known as the
and
has jurisdiction over the safe
the Premises and improvements to the
terri torial limits of the City of
"Clearwater Airpark" (the "Airpark");
WHEREAS, Professional aeronautical
essential to the proper accommodation of private
aviation at the Airpark; and
services are
and commercial
WHEREAS, Lessor desires to make such services available
at the Airpark through independent operators and Lessee desires to
provide such services as an independent operator.
NOW, THEREFORE, in consideration of the
the mutual covenants contained in this Agreement,
hereby agree as follows:
Promises and
the parties
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ARTICLE I
TERM
The initial term of this Agreement shall be for a
period of 60 months, commencing on the first day of December 2007
and continuing through the 30th day of November 2012 (the
"Termination Date") , unless earlier terminated under the
provisions of this Agreement. This is the second and final
consecuti ve five (5) year lease period, upon the same terms and
conditions, subject to Lessor and Lessee negotiating in good faith
a new rental rate schedule within the last 60 days of this said
lease term or any extension thereof, and subject to Lessee having
not been in material default under the terms and provisions of
this said Lease.
ARTICLE II
AIRPARK OPERATIONS AREA
Lessor hereby leases to Lessee, and Lessee hereby
leases from Lessor, all facilities and improvements located on the
following property, identified and shown on Exhibit A hereto and
having a mailing address of 1000 North Hercules Ave. Clearwater FL
34625(the Airpark Operations Area):
A. Airpark Operations Area Described 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 00016"59"
West, 22.07 feet, for a Point of Beginning of Parcel
1. Thence run North 89021'07" West, 519.10 feet;
thence run North 03051' 07" West, 92.96 feet; thence
run North 29057' 09" West, 132.28 feet; thence run
North 21027'15" West, 204.07 feet; thence run South
89021'07" East, 88.01 feet; thence run North
00016' 59" East, 134.20 feet; thence run North
89009'12" West, 230.01 feet; thence run South
00038' 53" West, 95.00 feet; thence run North
89021'07" West, 237.84 feet to a point also referred
to as point "A" for convenience; thence run South
25013'17" East, 1869.75 feet; thence run South
89049' 19" West, 131. 67 feet; thence run South
00016' 59" West, 220.46 feet; thence run South
89022'16" East, 375.00 feet; thence run North
00016'59" East, 1469.04 feet to the P.O.B. for
Parcel 1.
Together with:
Commence at point "A"; thence run North 25013'17"
West, 15.25 feet for a Point of Beginning of Parcel
2. Thence run North 00016'59", East, 906.84 feet;
thence run North 89019'26" West, 434.06 feet; thence
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run South 25013'17" East, 1008.06 feet to the P.O.B.
for Parcel 2.
B. Improvement on said real property as follows:
Five (5) covered "T" hangar buildings, four (4)
mul tiple bay shade hangars, all hard stand and sod
aircraft tie-down parking spaces; a 2214 square feet
(MOL) operations building; one maintenance hanger of
8,487 feet (MOL); two (2) twelve thousand (12,000)
gallon fuel tanks and pumps; and facilities related
to or dependent upon the described improvements.
The Airpark operations area and the improvements thereto are
referred to as the "Premises."
c. Maintenance and Repair:
1. Lessee shall maintain the Premises and all
structures in their present condition. The Lessee agrees to
maintain in a good state of repair, at all times, all leased
grounds and structures, including all interior maintenance. For
the purpose of this Agreement, Airpark Operations Area 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. The Lessee shall not be responsible for
the maintenance of the structural integrity of the leased
structures with the exception of the (1) above ground portion of
the fuel pumping system; (2) existing sign maintenance. Fuel
tanks and all public and cornmon or joint use areas of the Airpark
shall be the responsibility of the Lessor.
D. Lessee's contact with the Lessor in connection with
the Premises herein leased shall be with the Lessor's Staff Member
designated by the City Manager, subject to the terms and
provisions of this Lease, which may not be waived, modified, or
amended except in writing executed by the Lessor.
E. The parties agree that the Lessor has the right to
add, remove, repair or relocate structures on the Premises at no
cost to Lessee. Lessee agrees that no structural, electrical or
other modification to any structure on the Premises shall be
permitted without the express written consent of Lessor. If any
al teration or modification takes place without Lessor's written
permission, then, upon written request by Lessor, Lessee agrees to
return that part of the Premises modified, altered or affected
without consent from Lessor to its original condition. If Lessee
fails to return that part of the Premises which was modified or
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fails to return that part of the Premises which was modified or
altered without written consent to its original condition within
thirty (30) days from receipt or written request from Lessor, then
Lessor shall be entitled to return that part of the Premises to
its original condition, and shall be entitled to recover the cost
and expenses from Lessee. Emergency repairs may be made by Lessee
for the safety of individuals and prevention of damage to real and
personal property.
F. The Lessee agrees to comply with the American
Disabilities Act (ADA) requirements as they pertain to the Airpark
Operations Building. Lessee also agrees to bring the Airpark
Operations Building into compliance by making those changes
circled in Exhibit D.
G. Lessee agrees to maintain the Premises according to
the minimum periodic maintenance standards described in Exhibit E.
ARTICLE III
RIGHTS, OBLIGATIONS, AND MINIMUM OPERATING STANDARDS
Lessee shall provide the following Aeronautical Activities at
the Airpark:
1. Rental of hangar and tie-down space
2. Sale of aviation petroleum products
3. Aircraft rental
4. Repair and maintenance of airplanes
In addition to these activities, Lessee is also granted the
right, but is not obligated to conduct the following Aeronautical
Activities at the Airpark:
1. Aircraft sales
2. Flight instructions
3. Flying club(s)
4. Aerial surveying
5. Sightseeing
6. Air Taxi operations
7. Air Freight operations
8. Charter operations
The 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 Airpark.
Lessee agrees that all Aeronautical Acti vi ties 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 Lessor from time to time. Lessor
may also review and approve all contracts, leases, subleases or
other agreements that Lessee enters into to provide Aeronautical
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Activities. Lessee's failure to obtain Lessor's written approval
for any Aeronautical Activity shall, at the option of Lessor, be a
default under this Agreement.
The Lessee shall be responsible for the enforcement of the
provisions contained in the Tie-Down/Hangar Lease Form (EXHIBIT B)
and shall take action to correct any violation within twenty-four
(24) hours of written notice from Lessor. Lessor reserves the
right to add, remove or revise any section(s) of the Tie
Down/Hanger Lease Form, or replace the form in its entirety.
Lessee shall be responsible to enforce the Tie Down/Hanger Lease
form and any amendments at all times, and Lessee's failure to
enforce shall result in a default after thirty (30) days written
notice from Lessor.
A. Definitions
1. Aeronautical Activity Shall mean any acti vi ty
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, all manufacturing, fabricating or assembly
operations or ultra light operations, which activities are
expressly prohibited.
2.
Agreement.
Agreement
Shall mean the Lease and Operating
3. Air Operations Area - Shall mean those portions of
the Airpark 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 Airpark.
4. Airpark - Shall mean the Clearwater Airpark, owned
by the City.
5. City - Shall mean the City of Clearwater, Florida,
and any of the appointed officials of the City who are vested with
the specific authority to govern the activities of the Airpark.
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6. Airpark Tenant - Shall mean any entity authorized
by this Agreement to conduct Aeronautical Activities
7. Fixed Base Operator (FBO) Shall mean the entity
authorized by this Agreement to conduct Aeronautical Activities at
the Airpark. For purposes of this Agreement, the Lessee and the
FBO are the same entity.
8. Master Plan - Shall mean the master plan as adopted
by the City Commission on October 5, 2000, and any subsequent
amendments approved by the Lessor's City Council, 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.
9. Tie-Down/Ha.ngar Lease Agreements Shall mean the
agreement forms supplied by the Lessor and used by the Lessee to
sub-lease any covered shade, enclosed or tie-down hanger spaces.
10. Structures Above ground buildings, runways,
taxi-ways and other objects permanently affixed to the ground.
B. Standard Requirements for all Services
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 nondiscriminatory basis to all users of the Airpark. Lessee
shall furnish good, prompt, and efficient service adequate to meet
all reasonable demands for its services at the Airpark. Lessee
shall charge fair, reasonable, and nondiscriminatory prices for
each unit of sale or service; provided, however, that Lessee may
be allowed to make reasonable and nondiscriminatory discounts,
rebates or other similar types of price reductions to volume
purchasers. Lessee shall obtain Lessor's written approval thirty
(30) days in advance when changes in rental rates are proposed.
Increases in shade hanger, T-hanger and tie down rates must be
approved by Lessor, and shall be limited to the same percentage
increases of the consumer price index for the previous 12 months.
The rates in effect as of the date of this Agreement are attached
as Exhibit C of this Agreement.
2. Lessee shall select and appoint a full-time manager
of its operations at the Airpark. 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. The manager shall be
available at the Airpark during regular business hours. During
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the manager's absence a duly authorized and adequately trained
available at the Airpark.
representative shall attend
meeting to report on the
about the Airpark. Lessee
that Lessor deems necessary
Airpark.
subordinate shall be in charge and
Lessee agrees that a duly authorized
Lessor's monthly Airpark Authority
Airpark and to answer any questions
further agrees to attend any meeting
that may involve the operation of the
3. Lessee shall provide, at its sole expense, no fewer
than two (2) full-time qualified and trained employees during
hours of operation to provide effectively and efficiently the
services required or authorized by this Agreement.
4. Lessee shall control the conduct, demeanor and
appearance of its employees, who shall be trained by Lessee and
who shall possess such technical qualifications and hold such
certificates 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. Lessee shall provide
all of its employees collared shirt uniforms identifying
themselves as Lessee's employees
connection
privileges
required by
however, at
assessment.
5. Lessee shall meet all expenses and payments in
with the use of the Premises and the rights and
herein granted, including licenses, taxes or permits
law in the normal course of business. Lessee may,
its sole expense and cost, contest any tax, fee or
6. Lessee shall comply with all federal, state, and
local laws, and standards set forth in the Airpark master plan,
which may be amended from time to time. Lessee shall keep in
effect and post in a prominent place all necessary or required
licenses or permits.
7. It is expressly understood and agreed that, in
providing required or optional services pursuant to the Agreement,
Lessee shall select all vendors, suppliers or other users of the
Airpark.
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
Lessor, and must comply with all City code requirements.
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, or upon
wri tten notice by Lessor. Lessee further agrees to provide an
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area within the operations building, an information dissemination
point for City sponsored promotions, events and activities.
Lessee shall sponsor at least once annually an open house day at
the Airpark which date and time must be approved by Lessor. Lessee
agrees to expend at least five hundred dollars ($500) annually to
fund the open house day.
9. Lessee shall use the standard tie-down/hangar space
Lease form attached as Exhibit B for hangar and tie-down space
rentals. Copies of each executed lease agreement shall be made
available to the Lessor upon request. Hangar vacancies shall be
filled on a "first come, first serve" basis in accordance with a
waiting list maintained by the Lessee and made available to the
Lessor and general public upon request.
10. The Lessee shall provide, upon Lessor's written
request documentation as to the Lessee' stechnical and financial
ability to perform the services of proposed operation at all times
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 Lessee as to its correctness and reviewed by the City auditor
and other licenses, permits or certificates required by law and
applicable to Lessee's proposed operation.
11. Lessee shall not do business on the Premises in
any business name other than the name of the business as it
appears in this Agreement without written permission by the
Lessor.
c.
Services
Minimum Requirements - Aviation Petroleum and Ramp
1. Buildings - The Lessor shall provide a building to
serve as a General Aviation Terminal for use by the Lessee that
contains at least 2,000 square feet of properly lighted space for
office space, storage, a public waiting area that includes indoor
restroom facilities, restaurant or appropriate vending machines
and a public use telephone. The Airpark Authority and the Lessor
shall have the right to conduct regular and special meetings in
this building at no cost.
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 products.
Lessee shall provide apron servicing of and assistance to
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aircraft, including itinerant parking, storage, and tie-down
service for both based and itinerant aircraft upon or wi thin
facilities leased to Lessee or aircraft parking areas designated
by Lessor and described in the lease.
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 Weather Bureau, pilot accessories,
appropriate vending machines, and rental car services as may be
appropriate shall be provided by the Lessee.
Lessee shall ensure 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 5, Hours of Operation. By federal law,
Lessee shall be the sole licensed UNICOM operator at the Airpark.
4. Fuel Facilities and Fuel Supply - The City shall furnish
at least two (2) leased metered and filter-equipped dispensers,
for dispensing 100-octane aviation fuel from storage tanks having
a minimum capacity of 12,000 gallons each.
Lessee shall ensure the maintenance of 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. An adequate supply of 100 octane fuel will be
maintained at all times and Lessee will secure and maintain an
ongoing contract with a fuel supplier to ensure continuous supply
of aviation fuel. Lessee shall be responsible for dispensing
equipment on the Premises regardless of ownership.
Automobile fuel may be dispensed at the Airpark under terms
and conditions that may be subsequently agreed upon between the
Lessor and the Lessee.
5. 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 airpark manager. Emergency
"on call" service will be provided during off duty hours by
Lessee.
6. Insurance Coverage - Lessee shall obtain and maintain
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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
equi valent, to include broad form contractual liability and the
following coverages (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 $7,500.00. FBO will be liable for any damage
to the property caused by subsequent fuel spills.
Product Liability
- Bodily injury and
Property Damage
$ 1,000,000.00
D. Min~um Requirements - Flight Training
1. Personnel Lessee shall employ 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 - At least one (1) 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 for
flight training will be from 8: 00 a .m. to 5: 00 p.m. 5 days per
week exclusive of Holidays.
4. Customer Notification Lessee shall
placard visible to all renter pilots giving
insurance coverage, student pilot liability, and
associated with the aircraft rental agreement.
post a sign or
notification of
other legal risks
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, flight training 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:
Comprehensive General Liability
Bodily injury and Property
Damage
$ 1,000,000.00
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Product Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property
Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
E. Min~um Requirements - Aircraft Rental
1. Personnel - 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 shall be employed.
2. Aircraft - A total of at least one airworthy, properly
equipped aircraft to include at least one 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
Aircraft rental will be from 8:00 a.m. to 5:00 p.m.,
week, exclusive of Holidays.
hours for
5 days per
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, Aircraft rental insurance
with total limits in an amount not less than $1 million Combine
Single Limit, or equivalent, to include broad form contractual
liability and the following coverage:
Comprehensive General Liability
Bodily injury and Property Damage
$ 1,000,000.00
Product Liability
Bodily injury and Property Damage
$ 1,000,000.00
Aircraft Liability
Bodily injury and Property Damage
Each Passenger $100,000 Limit
$ 1,000,000.00
F. Min~um Requirements - Aircraft Sales
1. Personnel At least one (1) commercial pilot(s)
currently certified by the Federal Aviation Administration, with
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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.
3. Insurance Coverage - Obtain and maintain continuously
in effect at all times during the term of the Agreement, at
Lessee's sole expense, insurance for Aircraft sales 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:
Comprehensive General Liability $ 1,000,000.00
Bodily injury and Property Damage
Product Liability $ 1,000,000.00
Bodily injury and Property Damage
Aircraft Liability $ 1,000,000.00
Bodily Injury and Property Damage
Hangar Keeper's Liability $100,000/$300,000
if Applicable
Passenger Liability
$
100,000.00
G. ~n~um 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 and Part 121 and registered
with the Civil Aeronautics Board under the Economic Regulations of
Part 298, and meet the following minimum standards.
1. Personnel - A sufficient number of commercial and/or
airline transport pilot(s) shall be employed plus additional such
pilots part-time and/or on call sufficient in number to meet
service demands and currently certified by the Federal Aviation
Administration to conduct the air taxi.
2. Aircraft - A minimum of one (1) airworthy, 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.
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3. 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 coverages:
Comprehensive General Liability $ 1,000,000.00
Bodily injury and Property
Damage
Aircraft Liability
Bodily injury and Property
Damage
$ 1,000,000.00
Passenger Liability
$
100,000.00
H. Separate insurance policies are not required as long as
the minimum requirements set forth in the Lease Agreement are met.
ARTICLE IV
APPURTENANT PRIVILEGES
A. Use of Airpark 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 Airpark, including the use of landing areas, runways,
taxiways, navigational aids, terminal facilities and aircraft
parking areas designated by Lessor.
B. Maintenance of Airpark Facilities
1. Lessor shall maintain all public and common or joint
use areas of the Airpark in good repair, and shall make such
repairs, replacements or additions thereto as are required and
necessary for the safe and efficient operation of the Airpark.
2. Lessee shall keep all areas, including those common
use areas wi thin a distance of one hundred (l00) feet from the
Premises, free from trash, debris, litter, and all other discards.
3. Lessee shall notify the Lessor's Marine & Aviation
Department Staff Liaison of any condition requiring repairs,
replacements or additions necessary for the safe and efficient
operation of the Airpark. Lessor 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 Lessor's Marine & Aviation Department
Staff Liaison and has confirmed such notification in writing
directed to the Lessor prior to the occurrence of any loss.
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4. Lessee shall maintain all grass and landscape
vegetation on the Premises. Lessee agrees to mow and maintain the
Airpark grass as described on the mowing specifications in Exhibit
E, or as revised by Lessor throughout the term of this agreement.
If Lessee fails to maintain Airpark as per Lessor's
specifications, Lessor at its option may hire a contractor to
maintain and bill Lessee accordingly.
C. Airspace and Approaches - Lessor reserves the right to
take any action it considers necessary to protect the airspace and
approaches of the Airpark against obstruction, together with the
right to prevent Lessee from erecting, or permitting to be
erected, or locating any building, obj ect, or structure on the
Premises or adjacent to the Airpark which, in the opinion of the
Lessor, would limit the usefulness of the Airpark 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 Lessor
during the term of this agreement rent of Seventeen Thousand Two
Hundred One Dollars and Nine Cents ($17,201.09) per month rent for
Airpark and hangar rentals, plus Four Hundred Ninety-Four Dollars
and Twenty-Eight Cents ($494.28) plus tax room rental, plus ten
cents ($ .10) 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.
B. 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.
C. Delinquency Charge - A rent and fee payments shall be
delinquent if not paid on or before the tenth (10tn) day following
the due date, and shall accrue interest at the maximum amount
allowable by law, until paid.
D. Place of Payment - All payments due Lessor from Lessee
shall be delivered to the Marine & Aviation Department, City of
Clearwater, 25 Causeway Boulevard, Clearwater, Florida 33767.
E. Taxes and Assessments - Lessee shall pay all taxes and
assessments against property leased to Lessee by this Agreement,
and against the leasehold and any other property interests under
15
this Agreement.
F. Records Lessee shall maintain in accordance with
generally accepted accounting principles and keep for a period of
five (5) years and for such additional reasonable period as the
Lessor may request, records and books of account and such other
records as the Lessor may reasonably request. Lessee shall record
all transactions for the conduct of the business provided for
herein, all of which records and books of account shall be made
available at the Airpark, or in such other location as may be
requested in writing by the Lessor.
G. Lessee will submit to the Lessor an annual financial
report prepared in accordance with generally accepted auditing
standards and compliance with the Lease Agreement. The report
will be submitted to the City no later than three months after the
completion of the Lessee's Fiscal Year, and Lessor, at its option
may inspect Lessee's financial records upon written notice.
H. The acceptance by Lessor of any statement by Lessee, or
of any payment, shall not be deemed a waiver of the right of
Lessor 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 Lessor for any
overpayment.
I. Lessee will use cash and credit control devices of a
type acceptable to Lessor and that accurately reflect the gross
revenues of Lessee from all sales.
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, Lessor may, at its option, pay the same and collect from
Lessee the amounts so disbursed, plus interest at the maximum rate
allowable by law until paid, and in such event, this Agreement is
subject to termination at the option of the Lessor.
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 purchased and
paid by Lessee.
16
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office form number CG 0001
(latest edition), or CG 0002 (latest edition) covering
Comprehensive General Liability; and Insurance Services Office
form number GL 0404 (latest edition) covering Broad Form
Comprehensive General Liability, and
2. Insurance Services Office form
(latest edition) covering Automobile Liability,
and CA 002 (latest edition), and
number CA 0001
code 1 "any auto";
3. Lessee shall procure and maintain, for the life of
this lease, workers' compensation insurance covering all employees
of Lessee with limits meeting all applicable state and federal
laws. This coverage shall include employers' liability insurance
with limits meeting all applicable state and federal laws.
B. Minimum Limits of Insurance
Lessee shall maintain limits and types of insurance coverage as
provided in this Lease and Operating Agreement. The minimum
limits and types of insurance that Lessee shall maintain in
general are set forth in this Article VII. However, the limits
and types of insurance coverage for specific acti vi ties of the
Lessee at the Airpark are set forth in Article III and the Lessee
is required to maintain that coverage if that specific activity is
engaged in by the Lessee and is not otherwise covered by the terms
of the general insurance coverage. If the specific activity
engaged in by the Lessee is insured by the provisions of its
general coverage provided pursuant to the requirements of this
Article VII, then the insurance requirements for that acti vi ty
under Article III will be deemed satisfied and no additional
insurance policy or endorsement to a policy shall be required of
the Lessee.
1 . Comprehensive General. Liabil.i ty $1 , 000, 000 . 00
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
17
2. Automobile Liability -$1,000,000.00 combined single
limit bodily injury and property damage each occurrence, if any
automobile is used in Lessee's operations.
3. Workers' Compensation Lessee shall procure and
maintain, for the life of this lease, workers' compensation
insurance covering all employees of Lessee with limits meeting all
applicable state and federal laws. This coverage shall include
employers' liability insurance with limits meeting all applicable
state and federal laws.
4. Property Damage - Equal to replacement cost of real
or personal property owned by the Lessor, or acquired by the
Lessor, or by the Lessee on the Lessor's behalf, during the term
of this Lease. Policy shall identify by separate schedule each
item of personal or real property covered and its respective
replacement cost.
5. Hangar Keeper's Liability $100,000/$300,000
combined single limit property damage and theft each occurrence.
6. Product Liability - $1,000,000 combined single limit
property damage each occurrence.
7. Aircraft Liability $1,000,000 combined single
limit bodily injury and property damage with $100,000 limit per
passenger.
8. 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 Lessor. At the option of the Lessor, either the
insurer shall reduce or eliminate such deductibles or self-insured
retention as respects the Lessor, its officials and employees or
the Lessee shall procure a bond, letter of credit or other
instrument acceptable to Lessor, guaranteeing payment of losses
and related investigation, claim administration and defense
expenses.
D. Other insurance Provision
The policies are to contain, or be endorsed to contain, the
following provisions:
1. General Liability and Automobile Liability Coverage
a. The Lessor, its officials, employees and
volunteers are to be covered as insured as respects liability
18
arising out of activities performed by or on behalf of the Lessee;
products and completed operations of the Lessee; Premises owned,
leased or used by the Lessee; or automobiles owned, leased, hired
or borrowed by the Lessee. The coverage shall contain no special
limitations on the scope of protection afforded to the Lessor, its
officials, employees or volunteers.
b. The Lessee insurance coverage shall be primary
insurance as respects the Lessor, its officials, employees and
volunteers. Any insurance or self-insurance maintained by the
Lessor, 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 Lessor, its
officials, employees or volunteers.
d. Coverage shall state that Lessee insurance shall
apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the
insurer's liability.
2. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against
the Lessor, its officials, employees and volunteers for losses
arising from work performed by Lessee for the Lessor.
3 . All Coverage
a. Each insurance policy required by this clause shall
be endorsed to state that coverage shall not be suspended, voided,
canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt
requested, has been given to the Lessor.
b. If the Lessee is underwritten on a claims-made
basis, the Retroactive Date shall be prior to or coincide with the
date of this Agreement and the Certificate of Insurance shall
state that coverage 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 Lessor
a sixty (60) day notice of aggregate erosion, in advance of the
Retroactive Date, cancellation and/or renewal. It is also agreed
that either the Lessee or Lessor may invoke the tail option on
behalf of the other party and that Extended Reporting Period (ERP)
premium shall be paid by the Lessee.
19
E. Acceptability of Insurers
Insurance is to be placed with an insurance company authorized to
do business in the state of Florida and possessing a Bests' rating
of no less than A: XIII.
F. Verification of Coverage
Lessee shall furnish the Lessor with Certificates of Insurance and
with the original policy or policies of insurance with all
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
on standard insurance forms used in the insurance industry or on
any other form acceptable to Lessor together with a written
statement from Lessee's insurance broker or agent that all
insurance policies provided by Lessee to Lessor complies with the
insurance requirements set forth in this Lease and Operating
Agreement. These forms shall be received and approved by the
Lessor before execution of this Lease and Operating Agreement and
other lease documents by authorized Lessor.
G. Subcontractors of Subleases
Lessee shall include all subcontractors/subleases as insured under
its policies or shall furnish separate certificates and
endorsements for each subcontractor/sublessee. All coverage for
subcontractors/sublessee shall be subject to all of the
requirements stated herein.
ARTICLE VIII
LIABILITY AND INDEMNIFICATION
A. Lessee agrees to assume all risks of the Premises and
all liability therefore, and shall defend, indemnify, and hold
harmless the Lessor, its officers, agents and employees from and
against any and all loss, liability, and damages of whatever
nature, to persons and property, including, without limiting the
generality 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
permi tted 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
expense. 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
20
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.
B. Lessee agrees to defend, indemnify, and hold harmless
the Lessor, its officers, agents, and employee from and against
any and all claims or liability for compensation under any
workmen's compensation statute arising out of inj uries sustained
by any employee of Lessee or any licensee, contractor,
subcontractor, tenant, or subtenant of Lessee.
C. Lessee agrees to indemnify Lessor 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 Pinellas and Lessor, 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 Lessor 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 Lessor 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.
ARTICLE IX
DISCLAIMER OF ~TIES
This Agreement constitutes the entire Agreement of the
parties on the subj ect 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 Lessor unless expressed in
writing herein or in a duly executed Amendment hereof.
It is understood and agreed that:
A. Lessor does not warrant, and hereby disclaims any and
all liability and responsibility for or on account of the
condition of, the Premises, or the Airpark or any portions
thereof, or for or on account of anything affecting such
conditions.
21
B. Lessor makes no warranties and has no obligations or
liability for or with respect to the removal of sand, water or
debris from the Premises of any part thereof.
C. Lessee 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 the Airpark
D. Lessor makes no warranties and
obligations or liability with respect to noise,
air quality, or air pollution.
shall have no
noise pollution,
ARTICLE X
LESSEE AS INDEPENDENT CONTRACTOR
In conducting its business hereunder, the Lessee acts as an
independent contractor and not as an agent of the Lessor. The
direction, and payment of Lessee's employees shall be the sole
responsibility of Lessee, and Lessor shall not attempt to exercise
control over the daily performance of duties by Lessee' employees.
Lessee acts independently as to selection, retention and
assignment.
ARTICLE XI
ASSIGNMENT
This Agreement, nor any part thereof or any interest therein,
shall not be assigned, transferred or subleased by Lessee without
the express written consent of the Lessor which shall not be
unreasonably withheld. This shall include any agreements or
subleases in effect at the commencement of this agreement.
Lessee's failure to obtain Lessors written consent to any
assignment, transfer or sublease shall render such agreement null
and void.
All principals of the Lessee and their respective percentages
of ownership shall be disclosed to the Lessor 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
addi tion 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, without the consent of the Lessor
shall be deemed an assignment.
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 Lessor for the
performance of all covenants, terms, and conditions, warranties
and other provisions of this Agreement to the same extent that
22
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 Lessor may,
with notice, assign or delegate any or all of
hereunder.
at any time,
its rights
ARTICLE XII
NONDISCRIMINATION
Notwithstanding any other provision 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 construction 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 subj ected 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 21, 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.
ARTICLE XIII
REQUIREMENTS OF THE UNITED STATES
This Agreement shall be subject and subordinate to the
provisions of any existing or future Agreement between Lessor and
the United States, or any agency thereof, relative to the
operation or maintenance of the Airpark,. the execution of which
has been or may be required as a condition precedent to the
expenditure of federal funds for the development or operation of
the Airpark.
23
ARTICLE XIV
DEFAULT AND TERMINATION
A. Ter.mination by Lessee. This Agreement shall be subject
to termination by Lessee at its option in the event of anyone or
more of the following events:
1. The abandonment by the Lessor of the Airpark as an
airport or airfield.
2. The default by the Lessor in the performance of any
of the terms, covenants or conditions of this Agreement, and in
the failure of Lessor 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. Damage to or destruction of all or
Premises or Airpark facilities necessary to the
Lessee's business not repaired within 180 days.
part of
operation
the
of
4. The lawful assumption by the United States, State of
Florida, or any authorized agency thereof, of the operation,
control, or use of the Airpark, 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
forty-five (45) days.
B. Ter.mination by Lessor. This Agreement shall be subject
to termination by Lessor at its option 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
in the failure of Lessee to remedy, or undertake to remedy, to
Lessor's satisfaction, such default for a period of thirty (30)
days after receipt of written notice from Lessor to remedy the
same.
2. Lessee files a voluntary petition in bankruptcy,
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.
for all
Charter.
3. The Lessor determines that a municipal need exists
or part of the Premises consistent with the Lessor's
4. The Lessee has violated the terms of the agreement
by a consistent pattern of conduct detrimental to the operation of
the Airpark.
24
C. Exerci.se. Exercise of the rights of termination set
forth in Paragraphs A and B, above, shall be by five (5) days'
wri tten notice to the other party. Forbearance of timely notice
shall not be deemed a waiver of any breach.
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
permitted to install or maintain under the rights granted herein.
If Lessee shall fail to do so within thirty (30) days, then Lessor
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. Wai.ver. 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 not be taken to
consti tute 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 XV
MISCELLANEOUS PROVISIONS
A. The point of contact for all matters related to the
Lease Agreement and all other conditions, acti vi ties 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.
B. It is understood by the Lessee that no right or
privilege has been granted to Lessee which would operate to
prevent any person, firm or corporation operating aircraft on the
Airpark 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.
C. 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 and peaceful enj oyment to
the Premises.
D. Lessor reserves the right to further develop or improve
the Airpark as it sees fit, taking into consideration the desires
or view of the Lessee, and without interference or hindrance.
Lessor shall make every effort to minimize the disruption of
normal Airpark usage during periods of repair or further Airpark
development. The Lessor proposes to construct a medium intensity
runway light system (MIRL) and a low intensity taxiway light
(LITL) system and the Lessee agrees to maintain these systems
throughout the term of this Agreement. All improvements
constructed at the Airpark shall be owned by the Lessor at the
25
expiration of this agreement.
E. During time of war or national emergency Lessor shall
have the right to lease the landing area or any part thereof to
the United States Government or State of Florida 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. Lessee's rents
will abate accordingly.
F. Lessor reserves the right to enter upon the Premises
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. Lessee agrees to correct any violation wi thin a
reasonable time thereafter, and if Lessee fails to correct such
violation, then Lessor may assess a fine or penalty as determined
by Lessor.
G. Lessor 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, or other duly authorized authority
to be operating in an unsafe or unauthorized manner.
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. Notice - Any notice given by one party to the other in
connection with the Agreement shall be in writing and shall be
sent by certified mail, return receipt requested, with postage and
fees prepaid:
1.
If to Lessor, addressed to:
With a copy to:
City Manager
Attn: Marine & Aviation Dept.
City of Clearwater
25 Causeway Blvd.
Clearwater, FL 33767
City Attorney's Office
City of Clearwater
Post Office Box 4748
Clearwater, FL 33756
2. If to Lessee, addressed to:
Clearwater Aircraft, Inc.
1000 North Hercules Avenue
Clearwater, Florida 33765
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
26
J. Corporate Status - Lessee shall keep its corporate status
active and current throughout the term of this agreement. Lessee
shall annually file on the anniversary date of this agreement with
Lessor a copy of the Certificate of Good Standing from the State
of Florida. Lessee's failure to bring its corporate status
current, after thirty (30) days written notice from Lessor, shall
be a default under this agreement.
K. Attorneys Fees Lessor and Lessee agree that the
prevailing party in any litigation arising out of this agreement
shall be entitled to attorneys fees and costs, and that litigation
shall be in a court of competent jurisdiction in Pinellas County.
ARTICLE XVI
LEASEHOLD IMPROVEMENTS
No improvements, additions, or changes shall be made to the
Premises without the prior written consent of the Lessor. It is
further agreed that any improvements, additions, or changes shall
be made by the Lessee at its own expense and at the option
of the Lessor shall become the property of the Lessor upon
expiration, or prior termination of this Lease Agreement or any
extension or renewal thereof. Should the Lessor elect not to
exercise this option, the Lessee agrees to remove such
improvements, additions or changes at its own expense and deliver
the Premises to the Lessor in as good condition as they now are.
Lessee may construct additional general aviation facilities
such as a new terminal/hanger and T-hangers so long as such
construction conforms with the Airpark Master Plan, conforms with
all code requirements, and is approved by Lessor.
Lessee shall also have the first right of development of the
'150 x '250 outparcel located on Hercules Ave. as described in
Exhibit A, so long as the Lessee and Lessor agree on the use, and
agree on addition rent for such use. The lease must be approved by
Lessor's City Commission and must conform with all code
requirements and any other conditions applicable to the use.
27
IN WITNESS WHEREOF, the parties hereto have set their seals
on the date first above written.
Countersigned: CITY OF CLEARWATER, FLORIDA (Lessor)
-=L---f ~ By:
'--Fdnk Hibbard /
Mayor
~B-~"Ir
Wllliam B. Horne, II
City Manager
C
Attest:
Attorney
i
--'
28
EXHIBIT "A"
See Airpark Lease Description Sheets 1 and 2
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DRAWN BY: RBW AIRPARK TOTAL
DATE: 5/20/97 64.05 ACRES
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AIRP ARK LEASE
DESCRIPTION
UNE TABLE
L1 N 89i910 W 50.00
L2 S 00i659 W 22.07
L3 . N 03'51 07 W 92.96
L4 N29"57 09 W 132.28
L5 N 21'2715 W 204.07
L6 S 89'21 07 E 88.01
L7 N 00i659 E 134.20
L8 S 00'38 53 W 5.00
L9 N 89"21 07 W 237 "84
L10 S 89"4919 W 131.67 .
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L11 S 00i6s9 W 220.46
S-T-R: 12-29-15
NOTE: 1111S IS NOT A SURVEY
DRAWING NOT TO SCALE
AIRLEASE.DWG
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AIRPARK LEASE
DESCRIPTION
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EXHIBIT "B"
CLEARWATER AIRPARK
TIE-DOWN/HANGAR LEASE
has this day leased
That the
to
(Name of Lessee)
Space No.
Description
(i.e. Hangar/Grass Tie Down/Hard Stand)
located on the Clearwater Airpark
beginning on the 1st day of
following terms and conditions:
on
a
month
20
to
month
upon
term
the
1. The space is to be used solely for the parking of the
Tenant's aircraft with the exception that automobile parking
in the space is permitted while the aircraft is being flown.
Any other use must be authorized by the City.
2. Aircraft parked in each space must be registered with the
Clearwater Airpark. The aircraft to be parked is described
as:
3. The Tenant does not have the right to sub,....lease a space
without Lessor's approval.
4. Airworthy aircraft may not be under repair for more than
ninety (90) days.
5. If the Tenant changes the aircraft to be parked in the
space, the identifications and N-number of the new aircraft
must be reported to the Airport Manager and shown on this
rental agreement.
6. Rent in the amount of $ plus applicable sales tax
is due on or before the first of each month beginning
, 20 , and will be considered delinquent
if not paid on or before the 20th of the 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
adj ust the rental amount upon fifteen (15) days written
notice to the Tenant. Partial payment of tie-down space
rental will not be accepted by the Lessor.
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7. The tenant shall make no structural, electrical, or other
modification to the premises. Any modification that is not
expressly authorized in writing by the City shall result in
the termination of this agreement and tenant shall be
responsible to restore the premises to its original
condition and to reimburse the City for any cost, expense or
loss of revenue resulting thereof.
8. The Tenant shall be responsible for all damage to the leased
premises caused by the Tenant's negligence or abuse. If the
Tenant does not promptly repair any damages caused by its
negligence 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 Tenant's rent on the next billing cycle.
9. Partial payment of space rental will not be accepted by the
Lessor.
10. The Tenant shall purchase a hangar lock from the Airport
Manager with one (1) key supplied to the Tenant and one
(1) key to be retained by the Airport Manager.
11. The Lessor and the City reserves the right at all times to
enter the space for security, fire, and other emergency
inspections. The space shall not be used for any illegal
purposes or used in connection with any illegal activity.
12. Remedies for default and payment. I f 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 or the City the
right to remove the airplane and all contents from the
space and to then lease the space to another tenant. Any
airplane removed from space for non-payment of rent shall
be impounded by the Lessor or the City in an area
designated by the Airport manager, and shall not be
removed until all unpaid rent, storage charges, 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.
13. Tenant shall keep area of space clean and clear of oil,
grease, and other stains.
14. No explosive or flammable materials will be permitted
wi thin or about the space with the exception of fuel in
aircraft tanks.
15. No boxes, crates, rubbish, paper, or litter that could
cause or support combustion shall be permitted wi thin or
about the space. All spaces shall be kept clean and neat.
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16. Tenant may polish or clean aircraft in the space if
flammable materials are not used.
17. No shop equipment shall be installed in the space.
18. Lessee shall be permitted to perform only those repairs and
lor 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 may be
performed only by the owner or operator of the aircraft.
19. The tenant is not permitted to bring onto Airpark property
fuel not dispensed from the Airpark fueling facilities
with the exception of fuel in the aircraft tanks.
20. Failure to abide by these stipulations will result in
immediate termination of the Agreement. Lessor or City
may enforce all of the terms of this Agreement.
21. 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 and costs, incurred by the Lessor.
22. A copy of the performance section of the pilot's operating
handbook for the aircraft listed on this rental agreement
is required prior to placing the aircraft in the airpark.
23. Failure to abide by performance specifications of the
pilot's operating handbook is reason for immediate
termination of this rental agreement.
LESSOR:
By:
Date:
TENANT:
By:
Date:
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EXHIBIT "C"
HANGAR/TIE DOWN RENTAL RATES EXCLUDING STATE SALES TAX
Grass tie down: $63.32 + 5.70 shared ERU + 4.43 tax = $73.45
Hard Stand: $75.50 + 6.80 shared ERU + 5.29 tax = $87.59
Shade Hangars: $196.08 + 17.65 shared ERU + 13.73 tax = $227.46
Older T Hangars: $321.51 + 28.94 shared ERU + 22.51 tax
$372.96
$437.93
Newer T Hangars: $377.51 + 33.99 shared ERU + 26.43 tax
End T Hangars (larger) : $409.18 + 46.84 shared ERU + 28.64 tax =
$484.66
With offices in them: approximately $15.00 difference on the
shared ERU.
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EXHIBIT "D"
ADA Deficiencies @ Air Ops. Bldg.
No longer applicable
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Exhibit "E"
CLEARWATER AIRPARK PLANNED MAINTENANCE PROGRAM
Item , Frenuencv ReRoonsibilitV '
Cut Grass in Normal Areas See Paae 2 FBO
Cut Grass in SDecial Areas As Needed Citv
KeeD Fence Line Trimmed See Paae 2 FBO
Tree Trimminn As Needed Citv
Taxiwav Pavement As Needed Citv
Runwav Pavement As Needed Citv
Shrubberv As Needed FBO
Sians As Needed FBO
CAP Buildina As Needed CAP
Storm Sewer Svstem Annuallv Citv
Storm Retention Svstem Annuallv Citv
Parkina Lot Pavement As Needed Citv
Runwav Pavement Markinas As Needed Citv
Drainaae Swales Annuallv Citv
Fire Extinauishers Annuallv FBO
HVAC Annuallv FBO
Plumbina As Needed Citv
Fliaht ODerations Buildina Paintina (interior) 5 Years FBO
Fliaht ODerations Buildina Paintina (exterior) 7 Years Citv
Carnet/Floor Clean inn Semi-annuallv FBO
New T-Hannar Drainaae sumDS Annuallv Citv
Hard Stand ReDlacement/ReDair As Needed Citv
SDrinkler Svstem/PumD Maintenance As Needed Citv
Electrical Exterior As Needed Citv
T -Hanaar Electrical As Needed Citv
T-Hanaar Linhtina Exterior As Needed Citv
T-Hanaar Linhtinn Interior As Needed Tennant
Shade Hanaar Liahtina As Needed Citv
Shade Hanaar Electrical As Needed Citv
Runwav Liahts As Needed FBO
Exterior Linhts As Needed Citv
T-Hanaar Door Lubrication As Needed Citv
Perimeter Securitv Fencina As Needed Citv
Automatic Gates Semi- Annuallv Citv
T -Hanaar Paintina As Needed Citv
Shade Hanaar Paintina As Needed Citv
FBO Buildina Interior As Needed FBO
FBO Buildina Exterior As Needed Citv
Maintenance Hanaar Interior As Needed FBO
Maintenance Hanaar Exterior As Needed Citv
Fuel System Above Ground As Needed FBO
Fuel System Below Ground As Needed Citv
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