HomeMy WebLinkAbout057-Sanford Airport AuthorityOrlando
June 16, 1999
Tony VanDerworp, Manager
CITY OF SANFORD
P. O. Box 1788
Sanford, Florida 32772 1788
ia
199? JU!'N 2 t til 9-- 24 JUN 1 81999 w
REF: Wastewater Treatment Plant
Dear Tony:
Enclosed is a copy of a letter we have received from the FAA concerning the lease
agreement that was approved by the City and the Airport Authority for the proposed
Wastewater Treatment Plant at the Orlando Sanford Airport. The FAA has disapproved
the lease for the plant at its proposed location because it is a noncompatible use with
airport operations, and it would severely interfere with our general aviation development
in that portion of the Airport. We have already discussed the situation with Mayor Dale,
and subject to formal advice from our Airport General Counsel, I would presume that
Airport Authority Ground Lease Number 99 -09 will now be deemed invalid in view of
the disapproval of the FAA.'! I will advise you shortly if there is any further action that
either one of us needs to take beyond is notification.
Please give me a call if you have any questions about this issue.
Sincerely,
;b-
Victor D. White, A.A.E.
Executive Director
VDW:ag
Enclosure
cc: Stephen H. Coover, Airport Counsel
Sanford Airport Authority
One Red Cleveland Boulevard, Suite 200
P.O. Box 818 • Sanford, FL 32772-0818
)407) 322 -7771 • Fax )407) 322 -0186
rf994 rim1° I I PF9 I2 38
GROUND LEASE
LEASE NUMBER 99 -09
THIS GROUND LEASE (the `Lease ") is made and entered into this 8 4H day of
HAY , 1999 by and between the SANFORD AIRPORT AUTHORITY, a dependent
special district of the City of Sanford, Florida, hereinafter called the Lessor, and the
CITY OF SANFORD, Florida, a municipal corporation, hereinafter called the Lessee.
WITNESSETH:
WHEREAS, on august 13, 1996, the parties entered into a Lease Agreement for
the entirety of the Orlando Sanford Airport, however, the Lessee desires to lease back
twenty (20) acres to construct a wastewater treatment plant,
NOW, THEREFORE, for and in consideration of the rents, covenants.
agreements, and conditions hereinafter reserved, made and entered into, it is agreed, by
and between the parties hereto as follows:
Subject to the approval of the Federal Aviation Administration, Lessor does
hereby lease unto Lessee, and Lessee rents from Lessor the property described in the Plat
of Boundary Survey by Tinklepaugh Surveying Services, Inc., dated October 14, 1998,
attached hereto as Exhibit "A" and made a part hereof, for all purposes (the "Premises ").
TERM OF LEASE
This Lease shall have an initial term of thirty (30) years, commencing on such
date as is the date the improvements begin to be constructed by Lessee (the "Project')
upon the terms, conditions, covenants and stipulations herein set forth.
2. OPTION TO RENEW
The Lessee shall have the right and option to renew this Lease for consecutive
terms of thirty (30) years, upon such terms and conditions as are contained in this Lease
except that the rent payable during the renewal term shall be the fair rental value of the
Premises as determined by the parties as of the anniversary date; provided, however, if
the parties are unable to agree upon said fair rental value, Lessor shall appoint one
qualified appraiser and Lessee shall appoint one qualified appraiser, and the two
appraisers shall select a third. The three appraisers shall then view the Project and arrive
at a fair market value of the Premises. In the event the appraisers do not agree as to the
fair market value, then the third appraiser shall establish fair market value. All appraisals
shall be based upon Ten percent (10 %) of total fair market value to arrive at annual rental.
but in no event less than the rent charged the preceding year. As a condition precedent to
the right of Lessee to exercise the said option Lessee shall provide written notice thereof
to Lessor not more than six (6) months or less than three (3) months prior to the end of
each term demised.
RENTAL
Land rental shall commence at $0.15 per square foot per year (based upon an
appraisal done for the Lessor) for 857,969.61 square feet effective upon the
commencement date. The Lessee shall have the right to contest the land rental amount
through an appraisal process. Calculation of rental is based on plat of boundary survey by
Tinklepaugh Surveying Services, Inc., dated October 14, 1998. The monthly rental rate is
calculated as follows:
Land — 857,969.61 sf @ $0.15 = $128,695.44
Total Monthly = $ 10,724.62
Subject to the continuing approval of the Federal Aviation Administration (FAA), land
rental shall abate pursuant to the Utility Service Agreement between the parties, dated
y / 7-(. , 1999. Lessee shall have continuous maintenance responsibility to
keep all drainage facilities, ponds, canals or structures on the leased Premises in a first
class condition free of growth, weeds or obstructions. In addition to the payments
required hereunder, Lessee shall pay to Lessor with each rent payment made hereunder
applicable state and local taxes, if any.
In addition, during the term of this Lease and any renewal or extension thereof,
Lessee shall pay any and all taxes, assessments, or levies of any and every kind or nature
charged, levied or assessed against the leased Premises, or upon or against any items of
personalty, equipment, fixtures, or improvements thereof, each and every when due and
payable according to law, before any thereofbecome delinquent and before any interest
attaches. Nothing herein contained shall prevent the Lessee from contesting the validity
of any taxes or assessments levied against said land or other property.
4. ADJUSTMENT OF RENTALS
All rentals payable hereunder, including rentals applicable to option above, shall
be adjusted at the end of each one (1) year period during the term hereof and any
extensions, options or renewals as follows:
The annual rent for each successive one (1) year period commencing on
the first day of the first calendar month after the first anniversary of the
commencement date shall be adjusted upward three percent (3 %), and
thereafter for the term of the Lease.
5. IMPROVEMENTS AND ALTERATIONS
Lessee shall construct the Project on the Premises at no cost and expense to
Lessor but in accordance with the plans and specifications approved by Lessor in writing
prior to construction.
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Prior to the commencement of construction, Lessee shall provide Lessor with two
copies of any modifications to the plans and specifrcarions previously approved by
Lessor, which modifications shall be subject to the written approval of Lessor, which
approval shall not be unreasonably withheld or delayed. All construction shall be in
accordance with all applicable rules and regulations of governmental authorities in force
at the time of such construction. Lessee shall also allow Lessor to inspect the Proj ect
during construction at any reasonable time to determine if such construction meets
applicable governmental requirements and is in accordance with approved plans and
specifications. Lessee shall not enter into any agreement whatsoever, nor do or permit
the doing of anything, which would create, constitute or impose any cloud on the title to
or lien upon the Premises, other than encumbrances permitted in writing by Lessor.
Lessee further covenants and agrees that in making or constructing any such
improvements, that the Lessee shall and will save the Lessor harmless from injury and
damage to any person, firm, or corporation whatsoever in the making or construction of
such improvements; and further, the Lessee covenants and agrees that within thirty (30)
days after the completion of all such improvements that it will duly pay and discharge all
the costs of the same for materials, labor, fees and every item of expense or cost in
connection with the same, and that it will not permit the filing of any labor, materialmen's
or other liens against the Premises, and if any such lien or liens should be filed, the
Lessee does hereby save harmless the Lessor of and from all damages, costs and expenses
in regard to the same, and will also forthwith cause the same to be removed from the
public records, it being expressly and distinctly understood that the Lessor shall not be
responsible for nor liable for in any way or manner whatsoever, and of the costs, charges,
or expenses in any way connected with such construction or improvement, and the
property and estate of the Lessor and the City of Sanford shall not be bound or liable
therefor.
If required, Lessee agrees to furnish to Lessor its plans, specifications and such
other information as is reasonably required by Lessor to complete FAA form 7460 -1
(Notice of Proposed Construction) and/or modification request to the approved Airport
Layout Plan. No construction may commence until Lessor obtains approval thereafter
from the FAA. Lessor agrees to diligently pursue approval from the FAA after receipt of
necessary information from the Lessee.
6. RIGHTS OF LESSEE
A. Use of Orlando Sanford Airport (the "Airport")
This Lease grants to Lessee, its employees, passengers, guests, patrons and
invitees, the reasonable use of the Airport in common with other duly authorized users of
said Airport and appurtenances, together with all facilities, improvements, equipment and
services which have been or which may hereafter be provided for common or public use
at or in connection with said Airport.
B. Specific Rights at Airport
In addition to all rights elsewhere in this agreement, the Lessee shall have the
right to use the Airport for the following specific purposes:
(1) To operate a wastewater treatment plant and any use incidental thereto.
(2) The installation and operation of identifying signs on the Premises,
provided the location, general type and design thereof is approved by the Executive
Director, which approval shall not be unreasonably withheld.
(3) The use by the Lessee and its employees, in common with others, of such
vehicular parking space as may be provided by the Lessor as near as practicable to the
Premises described herein, without charge to Lessee of his said employees, provided,
however, nothing herein shall be construed as a requirement on Lessor to provide such
vehicular parking space.
(4) Rights of access which may reasonably be required for ingress and egress
to the demised Premises for the Lessee, its employees, guests, patrons, invitees, suppliers
of materials and Runishers of service for its equipment, vehicles, machinery and other
property, along such routes as may be prescribed by the Lessor, without charge to the
Lessee or to said persons or property.
Lessor represents that it has the right to lease said property and appurtenances,
and the rights and privileges herein granted, and it has full power and authority to enter
into this Lease subject, however, to the terms, conditions, limitations and requirements
contained in or arising out of any and all grant agreements, leases, or other agreements
heretofore made between the Lessor and the United States, State of Florida, or any
agency, department, branch, authority or other part or subsidiary thereof, and this Lease is
made subject thereto. Lessor covenants, subject to the above limitation, that upon the full
performance of and compliance with all the covenants and agreements by the Lessee on
its part to be performed and complied with hereunder, the Lessee shall peaceably have
and enjoy the Premises, appurtenances, facilities, rights and privileges in accordance with
the terms hereof.
OBLIGATIONS OF THE LESSEE
A. The Lessee at all times shall obey and promptly comply with all present
and future laws and ordinances of the federal government, the FAA, the State of Florida,
and any political subdivision thereof having jurisdiction of or respecting the condition of
the Premises and/or the use made thereof and/or any business conducted thereon or in
connection therewith, together with all lawful orders, regulations and requirements of all
government authorities or agencies which may have jurisdiction. The Lessee shall not
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use the Premises hereunder, or permit the same to be used, for any unlawful or immoral
purposes, or do in or upon or about the Premises, or permit the doing therein or thereon or
thereabout, of anything which tends to create a nuisance; and the Lessee further
covenants at all times to obey and promptly comply with all lawful rules and regulations
which may from time to time be promulgated by the Lessor or the FAA or its successors.
B. The Lessee shall conduct its operation hereunder in an orderly and proper
manner considering the nature of such operation so as not to unreasonably annoy, disturb,
endanger or be offensive to others at the Airport.
C. The Lessee shall within reason, control the conduct, demeanor and
appearance of its employees, invitees, and all those doing business with it and, upon
reasonable objection, shall promptly take all reasonable steps necessary to remove the
cause of the objection.
D. The Lessee shall commit no unlawful nuisance, waste or injury on the
Premises and shall not do or permit to be done anything which may result in the creation
or commission or maintenance of such nuisance, waste or injury on the Premises.
E. The Lessee shall not create nor permit to be caused or created upon the
Premises any obnoxious odors or smokes or noxious gases or vapors, except those
normally created in the operation of a wastewater treatment facility.
F. The Lessee shall not do or permit to be done anything which may interfere
with the effectiveness or accessibility of the drainage and sewage system, fire protection
system, sprinkler system, alarm system, fire hydrants and hoses, if any are installed or
located on the Premises.
G. The Lessee shall not do or permit to be done any act or thing upon the
Premises:
(1) That will invalidate or conflict with any fire insurance policies
covering the Premises at the Airport; or
(2) That may constitute an extra - hazardous condition so as to increase
the risks normally attendant upon the operations permitted by this Lease.
H. The Lessee shall not keep or store during any twenty -four hour period
flammable liquids within any covered and/or enclosed portion of the Premises in excess
of the Lessee's working requirements during the said twenty -four (24) hour period. Any
such liquids having a flash point of less than 100 degrees Fahrenheit shall be kept and
stored in safety containers of a type approved by the Underwriter's Laboratories and the
Fire Chief of the City of Sanford.
r^ 1106%N
I. It is understood by Lessee that no outside storage is permitted unless the
Lease specifically designates an area for that purpose. In this regard, it is specifically
understood and agreed that no vehicles and miscellaneous equipment such as campers.
boats, recreational vehicles and tractor trailers are to be stored on the Airport.
J. Lessee will at all tunes comply with rules, regulations, requirements, and
instructions regarding the receipt, use, handling, storage, shipment and disposal of all
materials, more specifically sewage, industrial, agricultural, thermal, radioactive and/or
otherwise hazardous waste as set forth by the United States Environmental Protection
Agency, the State of Florida Department of Environmental Protection, and any and all
other regulatory agencies of the federal, state and local governing agencies. Lessee
agrees to install at its own expense air and water pollution control devices if it is
determined that Lessee is the source of or contributes to air, water or environmental
pollution.
K. The Lessee shall provide for all lights, gas, electrical current, water and
sewers used anywhere in or about the Premises, and shall pay the charges made thereof
promptly when due. It is further understood and agreed that Lessee shall furnish and pay
for all air conditioning and heating of such space, if such air conditioning and heating is
used.
L. Lessee, at its expense, shall maintain in a good and safe condition the
interior and exterior of any buildings or facilities constructed and the same shall at all
times be painted so as to present an attractive appearance, all at the sole cost and expense
of Lessee. Lessee shall at all times and at its own cost and expense, make all repairs as
may be required, including air conditioning, heating and sprinkler systems. In addition,
Lessee agrees to provide all necessary cleaning services for the Premises and to provide
the necessary management and labor personnel to perform continuing maintenance of the
Premises, including related and associated appurtenances, landscaping, grass, paved area,
installed and operational equipment and utility services. Such maintenance shall be at
Lessee's sole expense and shall be subject to general monitoring by Lessor to insure a
high quality of appearance and structural condition commensurate with the maintenance
and safety standards at the Airport. Lessee shall have continuous maintenance
responsibility to keep all drainage facilities, ponds, canals or structures on the leased
Premises in a first class condition free of growth, weeds or obstructions.
M. Lessee agrees to keep the equipment and all fixtures pertaining to water,
sewer and electrical systems in good order and repair and agrees that Lessee is liable for
any damage to such systems if such damage is due to negligence of the Lessee.
N. All operational facilities of Lessee shall be at the sole expense of Lessee
and shall be subject to the general monitoring by the Lessor to insure the continuing
quality of standards expected of similar facilities at other locations.
O. It is understood by Lessee that rodent and pest control is the sole
responsibility of Lessee. In addition, Lessee shall maintain the Premises in a clean, neat
condition and shall not accumulate or permit the accumulation of any trash, refuse, drums
or debris or of anything that is unsightly or which creates a fire hazard or nuisance or
causes inconvenience to adjoining properties.
P. That the Lessee expressly agrees for itself, its successors and assigns, to
comply with the notification and review requirements and to restrict the height of
structures, objects of natural growth and other obstructions on the Premises to such a
height so as to comply with Federal Aviation Regulations, Part 77, and/or any other
regulations promulgated by proper authority.
Q. That the Lessee expressly agrees for itself, its successors and assigns, to
prevent any use of the Premises which would interfere with or adversely affect the
operation or maintenance of the Airport or its runway system, or otherwise constitute an
airport hazard.
8. RIGHTS OF LESSOR
A. The Lessor expressly reserves the right to further develop or improve the
landing area of the Airport, as it sees fit regardless of the desires or views of the Lessee,
and without interference or hindrance (FAA Order 5190.6A :AGL -600).
B. The Lessor reserves the right to take any action it considers necessary to
protect the aerial approaches of the Airport against obstruction and shall keep said
Airport and its approaches free from obstruction and interference for the safe, convenient
and proper use thereof by the Lessee in common with all others entitled to the use
thereof.
C. Nothing in this Lease shall in any way be construed as preventing, or in
any manner inhibiting, the Lessor from taking such steps as it may deem necessary to
insure that the performance of Lessee in the conduct of its business operation is
compatible with the operation of an Airport by Lessor.
D. The rights of Lessor hereunder shall be deemed cumulative and shall not
be exhausted by one exercise thereof, and shall not exclude any other rights and remedies
authorized by law, and no waiver by the Lessor of any defaults shall operate as a waiver
of any future defaults.
E. The Lessor reserves unto itself, for the use and benefit of the public, a
right of flight for the passage of aircraft in the airspace above the surface of the Premises,
together with the right to cause in said airspace such noise as may be inherent in the
operation of aircraft, now known or hereafter used, for navigation of or flight in the said
airspace, and for use of said airspace for landing on, taking off from or operating on the
Airport.
*N
9. CONTROL OVER AIRPORT
The Lessee, under the terms of this Lease, shall not be in possession of said
Airport except as to the parts hereof leased exclusively to the Lessee, and the Lessee does
not assume responsibility for the conduct or operation of the said Airport or for the
physical or other conditions of the portions thereof not included within the terms of this
Lease. The Lessee is and shall be an independent entity, responsible to all parties for all
of its acts or omissions.
10. IMPOSSIBILITY OF PERFORMANCE OF LESSOR
The Lessor may, at any time during the term hereof or any renewal or extension
hereof, discontinue the operation and maintenance of either or all or any part of the
Airport, or lease or sell the same to the United States of America, the State of Florida, or
any agency, branch, bureau, department or subdivision of the same, or any governmental
or political subdivision thereof, but in such event, the Lessor shall use all reasonable
efforts to enable the Lessee to continue its occupancy of the Premises under the same
terms and conditions as provided herein. In the event of the happening of any of the
foregoing events or in the event of the total or partial destruction thereof by fire, act of
God, public enemy, accident or casualty, or the taking thereof or closing thereof by order
of municipal, state or federal authorities, so that the said Airport or the Premises is
rendered unusable by Lessee for the uses and purpose for which leased, this Lease shall
be terminated at the option of Lessee, unless at the time of the happening of any such
event, Lessor shall have established or procured a suitable area for Lessee, subject to
Lessee's acceptance, or shall have restored the structures now or hereafter upon the
Premises, in either of which cases, this Lease shall continue in full force and effect and
under the same terms and conditions, and all rents payable by Lessee shall be abated
during the time that the Premises is not operated or available for use by Lessee. In the
event of the absolute taking of the Premises by the United States, the State of Florida, or
some agency, branch, bureau, department or subdivision thereof (and in the event said
Premises are leased to any agency thereof and the Lessor cannot enable Lessee to
continue its business under the same terms and conditions as provided herein, in
accordance with the foregoing terms hereof), for a consideration paid in money, and this
Lease is terminated as hereinabove provided for, the Lessee shall receive from the
amount so paid, that portion which Lessee is entitled to receive by law.
11. TERMINATION OF LEASE
The Lessee, in addition to any right of termination or any other right herein given
to Lessee, may terminate this Lease by giving thirty (30) days written notice to Lessor
given upon or promptly after the happening of any one of the following events:
(a) Any failure or refusal of the FAA to permit the Lessee to conduct
its business on the Premises, provided the negligence or other fault of the Lessee is not
the cause of such failure or refusal.
(b) The breach by Lessor of any of the covenants or agreements
contained herein on its part to be kept and performed, and the failure of the Lessor to
remedy such breach for a period of thirty (30) days after receipt of written notice from
Lessee of the existence of such breach.
(c) The inability of Lessee to use the Premises continuing for a longer
period than ninety (90) days, due to any law or order, rule or regulation of an appropriate
governmental authority having jurisdiction over the Premises, or with the operation of
Lessee, or due to war, earthquake, or other casualty, provided the negligence or other
fault of the Lessee is not the cause of such inability of the Lessee to use the Premises.
The Lessee may also terminate this Lease upon six (6) months prior written notice
to Lessor for no cause.
12. DEFAULT
A. Continued performance by the Lessor under this Lease for any period or
periods after a default of any of the terms, covenants, and conditions herein contained to
be performed, kept and observed by the Lessee, shall not be deemed a waiver of any right
on the part of the Lessor to terminate this Lease for such default. No waiver by the
Lessor of default by the Lessee of any of the terms, covenants or conditions hereof to be
performed, kept and observed by the Lessee shall be construed to be or act as a waiver by
the Lessor of any subsequent default.
B. If the Lessee shall fail to keep and perform any conditions, stipulations or
agreements herein contained on the part of the Lessee to be kept and performed, or if the
Lessee shall suffer to be filed against Lessee an involuntary or voluntary bankruptcy, or
make an assignment for the benefit of creditors, or should there be appointed a receiver to
take charge of the Premises either in the state court, or in the federal court, then, and in
any of such events, the Lessor may, at Lessor's option, terminate and end this Lease and
re -enter upon the Premises whereupon the term hereby granted, and all right, title and
interest in or under it, shall end and the Lessee shall become a tenant at sufferance.
C. Lessor and Lessee agree that in any litigation the prevailing party shall be
entitled to recover all reasonable attorney's fees for all services performed in acting upon
any default defined in this Lease.
13.
The Lessee shall yield and deliver possession of the Premises to the Lessor at the
termination of this Lease, by expiration of time or otherwise, or of any renewal or
extension hereof, and the Lessee shall have the obligation at any time during said term, or
any renewal or extension hereof, and for a reasonable time after the termination hereof, to
remove its property from the Premises, restoring same to the condition it was prior to the
commencement date.
14. INSURANCE
The Lessor and Lessee shall and will indemnify and save harmless each other
from and against any and all liability, claims, demands, damages, expenses, fees, fines,
penalties, suits, proceedings, actions and costs of actions, including attorney's fees, of
any kind and nature arising or growing out of or in any way connected with the use,
occupancy, management and control of the Premises, to the extent permitted by law, and
the Lessee shall, at its own cost and expense, either self - insure or promptly procure and
pay for and at all times maintain a policy or policies of insurance in a company or
companies licensed in the State of Florida against any and all of the foregoing.
15. RIGHT OF ENTRY
The Lessor, or its representatives, shall have the right to enter upon the Premises
at any reasonable hour for the purpose of ex aminin g the same, or for any other lawful
purpose.
16. NOTICES
Notices to the Lessor provided for herein shall be sufficient if sent by registered
or, certified mail, postage prepaid, addressed to:
Sanford Airport Authority
P. O. Box 818
Sanford, Florida 32772 -0818
and a copy to:
Stephen H. Coover
HUTCHISON, MAMELE & COOVER, P.A.
P.O. Box 1149
Sanford, Florida 32772
and notices to the Lessee shall be sufficient if sent by registered or certified mail, postage
prepaid, addressed to the Lessee at:
CITY OF SANFORD
Sanford City Hall
Sanford, Florida 32771
10
Go
And a copy to:
W
WILLIAM A.COLBERT
Stenstrom, McIntosh, Colbert, Whigham & Simmons, P.A.
200 W. First Street
P.O. Box 4848
Sanford, Florida 32772
or to such other respective address as the parties may designate, in writing, from time to
time.
17. FAA
Whenever the term "Federal Aviation Administration" is used in this Lease, it
shall be construed as referred to the Federal Aviation Administration created by the
Federal Government under the Civil Aeronautics Act of 1938, as amended, or to such
other agency or agencies of the Federal Government having, from time to time, similar
jurisdiction over airports of the nature to be operated by Lessor, including, but not limited
to, the presently existing Federal Aviation Administration or its successors.
18. ASSIGNMENT OR SUBLETTING
The Lessee shall not assign this Lease nor any interest therein, nor underlet or
sublet all or any part of the Premises, rights or privileges, without the written consent of
Lessor being first had and obtained, which consent shall not be unreasonably withheld.
No assignment of this Lease shall relieve or release the Lessee from any obligation, duty,
or liability herein or hereunder, but in the event of any assignment, the Lessor shall be
authorized to deal with any assignee as fully and completely as though he or it had been
the original lessee hereunder, without notice to the Lessee. No consent by the Lessor to
any subsequent assignment or subletting shall operate as a consent to any other future
assignment or subletting, or operate as a waiver of the requirement of the Lessor's
consent thereto. The Lessee shall furnish the Lessor with a fully executed copy of any
assignment made hereunder.
19. DISCRIMINATION
The Lessee for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that; (1) no person on the grounds of race, color, or
national origin shall be excluded from participation in, denied the benefits o£ or be
otherwise subjected to discrimination in the use of the Premises; (2) that in the
construction of any improvements on, over, or under the Premises and the furnishing of
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service thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subject to
discrimination; (3) that the 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 Regulation may be
amended.
The Lessee for himself, his heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree that in
the event facilities are constructed, maintained, or otherwise operated on the said property
described in this Lease, for a purpose for which a DOT program or activity is extended or
for another purpose involving the provision of similar services or benefits, the Lessee
shall maintain and operate such facilities and services in compliance with all other
requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally
Assisted Programs of the Department of Transportation, and as said Regulations may be
amended.
That in the event of breach of any of the above nondiscrimination covenants,
Lessor shall have the right to terminate the Lease and re -enter and repossess the Premises
and the equipment, and hold the same as if said Lease had never been made. This
provision shall not be effective until the procedures of Title 49, Code of the Federal
Regulations, Part 21 are followed and completed, including exercise or expiration of
appeal rights.
20. TAXES
All sales taxes, use taxes or stormwater utility fees from time to time levied by
lawful authority shall be paid by and be the responsibility of Lessee.
21. MISCELLANEOUS PROVISIONS
A. The Lease shall be subordinate to the provisions of any existing or future
agreement or deed between the Lessor and the United States, relative to the development,
operation and maintenance of the Airport.
B. The Lessee shall not at any time use the Premises or any part thereof for
any purpose other than are herein expressly authorized without the written consent of the
Lessor being first had and obtained.
C. The accumulation of rubbish, trash, rags, cans, drums, grease, food items,
gasoline or other combustible materials in or about the buildings will not be tolerated_
Lessee shall keep its area clean at all times and it shall be subject to inspection by the
Executive Director at any time and if found to be considered a fire or hazard, Lessee shall
12
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be so informed and Lessee shall have within two (2) days notice to clean the area to the
Executive Director's reasonable satisfaction.
D. Lessor had the privilege of showing to a prospective tenant the Premises
for rent at anytime within thirty (30) days prior to the expiration of this Lease and during
the said time to exhibit the Premises at reasonable hours.
E. The Lessee agrees to abide by all rules and regulations concerning the
operational safety, parking of aircraft and vehicles, fire prevention and related materials
as promulgated by the Executive Director, copies of which rules and regulations are
available to Lessee in the Office of the Executive Director.
F. Notwithstanding anything contained herein that may be or appear to be to
the contrary, it is expressly understood and agreed that the rights granted under this Lease
are non - exclusive and the Lessor reserves the right to grant similar privileges to another
operator or operators on other parts of the Airport The granting of an exclusive right to
provide aeronautical services to the public is prohibited by Section 3086 of the Federal
Aviation Act of 1958, as amended.
G. Lessee understands and agrees that there shall be no parking of any tractor,
truck, trailer, recreational vehicle or other similar object upon the Orlando Sanford
Airport except for the express purpose of loading and unloading, and in no event to
exceed twenty -four (24) hours consecutively. This prohibition also applies to storage in
or upon said objects and Lessee agrees that Lessor shall be reimbursed for any expenses
associated with the removal of any object in contravention of this subsection.
H. Lessee agrees to abide by all aircraft security requirements, including FAR
Part 107 and agrees to pay all fines assessed against either Lessor or Lessee concerning
any unauthorized access to the Airport Operations area over and through Lessee's
Premises.
I. This Lease shall be binding upon, and shall inure to the benefit of the
parties hereto and their respective successors and assigns.
I Lessee shall provide a payment and performance bond issued by an
insurance company licensed to do business in the State of Florida to guarantee the
payment and performance by its general contractor as to construction of any
improvements on the Premises if required by Section 255.05, Florida Statutes.
K. The Lessee shall execute the Environmental Protection Policy which is
attached hereto as Exhibit `B" and incorporated by reference.
L. The Lessor represents that its board of directors and the Lessee represents
that its city commission have authorized execution of this Lease.
13
to
0
NO ENTRIES BELOW THIS LLNE
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59
IN WITNESS WHEREOF, the Lessee has caused this instrument to be executed
in its name and by its duly authorized Officer, its corporate seal affixed and attested by its
Secretary, and the Lessor, acting by and through the Sanford Airport Authority, has
caused this instrument to be executed in its name by the Chairman of said Authority, and
attested by the Executive Director, Sanford Airport, acting as Clerk of said Authority, on
the day and year first above written.
FOR THE LESSOR
Signed, sealed and delivered
in the presence of:
t. ess
SANFORD AIRPORT AUTHORITY
By: -w`�
ChairmanNice Chairman
Board of Directors
��iess
Atte
V ictor D. White
Executive Director
Date: Mon. \fl . Aq )
(Corporate Se060 :
SEAL
FOR THE LESSEE
Dater W �vd //l /9qq
(Corporate Seal)
CITY OF SANFORD, FLORIDA
By:
ale, its mayor
qrllflw M = F1 00 1
15
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EXHIBIT "A"
LEGAL DESCRIPTION & SURVEY
wl
EXHIBIT "D"
Sanford Airport Authority
Environmental Protection Policy
Addendum to Ground Lease 99 -09
The Sanford Airport Authority recognizes and strongly supports protection of the
environment and adherence to federal, state and local laws, regulations and policies
enacted for the protection and enhancement of the natural environment.
It shall be the policy of the Sanford Airport Authority to hold the tenant, Lessee or user of
the Airport property responsible for environmental Hazards or liability created by their
activity at the Airport. Such liability includes, but is not limited to fines, legal fees,
consultant fees and all other costs required to operate or bring into compliance any
activity, use or occupancy of Airport property which creates an environmental violation
or hazard.
With promulgation of this policy, it is clearly the intent of the Sanford Airport Authority
to support and enhance responsible industrial activities which may incidentally create low
risk, low volume quantities of environmentally hazardous or toxic materials. All such
activities shall be reviewed on a case by case basis and continuously monitored by the
tenant and the Authority. Such activities would generally include:
1) Proper handling and storage of oils, fuels, lubricants or equivalent
products.
2) Permitted handling and storage of solvents, cleaners, paints and related
cleaners.
3) Regulated storage of explosives and or related products.
Any proposed use of Airport property for landing of high risk or high volume hazardous
or toxic materials will be reviewed on a case by case basis and may be disapproved if
deemed incompatible with Airport needs, standards or goals. Such higher risk or higher
volume activities could include:
1) Handling or use of radioactive materials.
2) Dumping on Airport property.
3) Waste incineration on Airport property.
4) Hazardous or toxic waste storage on Airport property.
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r, ,!
All tenants or users of Airport property who are involved in the use, storage, manufacture
or recycling or regulated materials or substances are required to be insured in order that
the Sanford Airport Authority and the City of Sanford are indemnified against
environmental risk. The required insurance shall be determined by the Authority and
must effectively address the comprehensive potential loss created by the user or tenant
activity. At the Authority's discretion, the tenant may be asked to substitute a cash
deposit, letter of credit or bond in lieu of insurance. Limits of insurance coverage or
deposits may be adjusted from time to time at the sole discretion of the Authority.
In addition to insurance or deposit covering financial loss, the Authority independently
may also require the development of an emergency plan which covers the Airport tenant's
or user's action in the event of an environmental emergency.
It shall be the ongoing responsibility of each tenant or user of Airport property to
maintain all required insurance, licenses, records, permits or training standards in line
with all applicable governmental requirements. All insurance shall provide a one
hundred and twenty (120) day prior notice of non - renewal to the Sanford Airport
Authority and loss of required licenses to operate shall be deemed just and sufficient
cause to terminate the lease or use of the Airport. Sixty (60) days prior to non - renewal or
cancellation of any environmental insurance policy, the Authority may commence clean-
up activities thereunder or utilize such deposits or insurance proceeds as may be available
to bring the offending activity into compliance.
AGREED AND ACCEPTED:
NAME:
COMPANY:
DATE:
18