HomeMy WebLinkAbout018-Sanford Airport and City of Sanford Dog PoundADDENDUM A TO LEASE NO. 33 -74
Lease No. 33 -74 between t:.e City of Sanford Airport
Authority and the City of Sanford, Florida, dated October
4, 1974 for 9,600 square feet of land area, is renewed this
date for a period of two years to commence on the 1st day
of November, 1976 and en(" on the 31st day of October, 1978
under the same terms and coy U`Ltions -
T',-,is Addendum A is to be affixed to and become a
per.cane�.� nt pa of f L Lease No. 33 -74 bct -waen the City of Sanford
Airport Authority and the City of Sanford, Florida
OR THE LESSOR
W1 Lne.S.S
Witness
SANFORD AIRPORT AUTHORITY
��Cnairman J� r
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Attest ✓'`�� `
Director of Aviation
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Witness
Witness
Date: r /
CITY OF . SANF ORD , FLORIDA
Ey
Mayor
Attest err -
,l City Clerk
Ocorporate S < )
�u`triwy+ .
LEASE NO. 33 -74
THIS INDENTURE, made and entered into this 4th day of
October , A.D. 19 74 r , by and between CITY OF SANFORD
AIRPORT AUTHORITY, a special Board constituted as an agent
and instrumentality of the City of Sanford, Florida, a municipal
corporation of Seminole County, Florida,- herein called the
LESSOR, and THE CITY OF SANFORD FLORIDA
hereinafter referred to as LESSEE.
WITNESSETH:
For and in consideration of the rents, covenants, agreements
and conditions hereinafter reserved, made and entered into, it
is agreed, subject to the concurrence of the Federal Aviation
Administration, by and between the parties hereto as follows:
The LESSOR, on consideration of the rents, covenants,
agreements and conditions hereinafter reserved, made and entered
into, on the part of said LESSEE, to be paid, performed and
observed, has leased and does by these presents demise, lease
and rent unto LESSEE and LESSEE does hereby hire of and from
LESSOR, the land, buildings and facilities lying and being in
the County of Seminole, State of Florida, and being a part of
the premises usually known and designated as the Sanford Airport
property, said real property, and the appurtenances thereto, being
specifically described as follows:
That 9,600 sq. ft. area as indicated on Exhibits A and B.
1. TERM OF LEASE
This lease shall have a term of _2 years, cort:m,encing
on the 1st day of November , A.D. 19 74 , and ending
on the 31st day of
October
, A.D. 19 76 , u: on 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 2 successive terms of 2 years each, upon
the same terms and conditions as are contained in this lease;
provided, however, at the end of any term hereof, LESSOR, in
its sole discretion and at its sole option, may notify LESSEE
that in the judgment of LESSOR the financial terms of said
lease should be altered, in which event LESSOR shall appoint
one qualified appraiser, LESSEE shall appoint one qualified
appraiser, and the two such appraisers shall select a third.
The said appraisers shall then view the premises and arrive
at a fair rental value of the premises at a per annum per square
foot charge, which said charge shall then form the basis of
rentals for the ensuing term. In the event said appraisers
do not unanimously agree as to a per square foot per annum rental
charge, then the said rental shall be established by averaging
the two highest charges. As a condition precedent to the right
of LESSEE to exercise each of the said options for renewal; the
LESSEE shall have given written notice to LESSOR of intention
to renew this lease not later than six (6) months prior to the
end of the term hereby demised.
3. RENTAL
LESSEE agrees to pay to the LESSOR as rent, for the use
of the demised premises and facilities, for and during the said
2 year term hereof, the sum of $288.00 annual, plus
State Sales Tax, calculated at the rate as follows:
9,600 sq. ft. at $.03 per sq. ft. per year = $ 288.00 annual
annual
making a total %76X%h1Y installment of $ 288.00 R1-'Aftx-5i-ftk9x
,5 ,X in advance,
annual
the receipt of the first rA*==xV installment
being herewith acknowledged. In addition
thereto, during the term of this lease and any renewal or ex-
tention 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 thereon,
each and every when due and payable according to law, before any
thereof become 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; provided, that in the event LESSEE
contests any such taxes or assessments, upon demand by LESSOR,
LESSEE shall give to LESSOR adequate security against lose by
reason of such contest. In the event the authority levying,
assessing or charging any of the taxes, levies or assessments
referred to herein does not forward the notice of such taxes,
levies or assessments directly to the LESSEE, the LESSOR shall
deliver the same to the LESSEE within ten (10) days after the
LESSOR receives the same.
4. IMPROVEMENTS AND ALTERATIONS
A. LESSEE acknowledges that it has examined the leased
'premises herein demised and accepts the same in the condition
in which it now is, without obligation on the part of LESSOR
to make any improvements, modification, repair or otherwise,
to said building. Upon the express written consent of the
Airport manager and the concurrence of the Federal Aviation Agency,
or its successors, LESSEE may make such alterations, improvements
or additions to the demised premises as it deems necessary, at
its sole cost and expense,provided, however, that any such
alteration, addition, or improvement shall be so made and
conducted as to meet all requirements of LESSOR, state and
the Federal.. Aviation Agency, or its successors. Any such
improvements which shall be erected or constructed in accordance
herewith shall be made and done only under the supervision of
LESSOR and at all stages of construction and at all times shall
be subject to LESSOR'S approval. All such improvements to the
freehold, hereinafter made or placed on the demised premises by
LESSEE shall immediately upon being made or placed thereon become
the property of LESSOR and shall remain upon and be surrendered
with the demised premises as a part thereof at the termination,
by lapse of time or otherwise, of the term hereby granted; and
the LESSEE shall not enter into any agreement whatsoever, nor
do or permit the doing of anything which would grant, constitute
or impose any title to or lien upon any such building or other
improvements, prior or superior to the title thereto of 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 im-
provements; and further, the LESSEE covenants and agrees that
within thirty (30) days after the completion of all such improve-
ment 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
said property, and if any such lien or liens should be filed,
the LESSEE will 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
A"
expressly and distinctly understood that the LESSOR shall not
be responsible for nor liable for in any way or manner whatsoever,
any of the costs, charges, or expenses in any way connected with
such construction or improvement, and the property and estate
of the LESSOR shall not be bound or liable therefor. All'
construction shall be in accordance with all existing provisions
of the City of Sanford Building Code, Fire Code, Plumbing Code,
and Electrical Code, and all•Lessor, City; County, State and Federal
Aviation Agency Codes, ordinances, laws, rules or regulations,
in force and effect at the time of said construction and the
LESSEE shall allow the LESSOR to inspect the premises during
said construction at any reasonable time to determine if said
construction meets the requirements of said codes, ordinances,
laws, rules or regulations.
B. LESSEE may, at its own cost and expense, install
or erect any furniture, fixtures, equipment, machinery, or other
appurtenances which it may deem necessary or desirable for the
conduct of its business and shall have the right at any tide
during the term hereof, or any renewal or extension hereof,
and for thirty (30) days after the termination hereof, to remove
any personal property, trade fixtures, equipment or machinery
installed or placed by it, in, on, or about the demised premises,
provided that the same can be removed without substantial damage
to the freehold, and provided further that LESSEE shall repair,
at its own expense, any damage occasioned by such removal,
provided, further that any such removal shall be subject to any
valid lien which the LESSOR may have on any such property for
unpaid rents or fees.
5. RIGHTS OF LESSEE
In addition to the above described property and rights,
LESSOR does hereby grant unto LESSEE, the following rights and
and privileges on and in connection with the property hereby
demised, and the property and improvements of the LESSOR known
as the Sanford Airport, as more particularly hereinafter set
forth:
A. Use of Airport
The reasonable use by LESSEE, his employees,
passengers, guests, patrons and invitees, 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) For the operation of a city of Sanford Dog Pound.
Lessee agrees to improve the area as indicated in Exhibit B which will
include fencing the perimeter with a six foot chain link fence topped with
three strands of barb wire, bulldoze, grade and stabilize a twelve (12) foot
security road around the fence to make present road continuous, providing an
entrance drive from State Road 46 to the area, utility systems as required.
. (2) The installation and operation of identifying
signs on the leased premises, provided the location and general
type and design thereof is approved by the Airport Manager of
LESSOR, 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 or his said employees,
provided, however, nothing herein shall be construed as a require-
ment on LESSOR to provide such vehicular parking space.
(4) Right of access which may reasonably required
for ingress and egress to the demised premises for the LESSEE, its
employees, guests, patrons, invitees, suppliers of materials and
furnishers 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.
( The LESSOR represents that it has the right
to lease said property and appurtenances, rights and privileges
herein granted, and has full power and authority to enter into
this lease in respect thereof 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, or any
agency, department, branch, authority or other part or subsidiary
thereof, and this lease is made subject thereto; and the LESSOR
covenants, subject to the above limitation, that upon payment
by the LESSEE of the rents hereinafter reserved and upon the full
performance of and compliance with all the covenants and agree-
ments 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.
6. OBLIGATIONS 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 State of Florida, and any political
subdivision or municipality 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, and with all lawful orders, regulations and require-
ments of all government authorities or agencies which may have
jurisdiction. The LESSEE shall not use the premises demised
hereunder, or permit the same to be used, for any unlawful or
immoral purpose, or do in or upon or about said 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 Federal Aviation Agency 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 take all reasonable measures:
(1) To reduce to a minimum vibrations tending to
damage any equipment, structure, building or
portion of a' building which is on the premises
or is a part thereof, or is located elsewhere
on the Airport; and
(2) To keep the sound level of its operations as low
as possible.
D. The LESSEE shall within reason, control and
conduct, demeanor and appearance of its employees, invitees,
and all those doing business with it and, upon objection from the
LESSOR concerning the conduct,demeanor and appearance of any
such person, shall immediately take all reasonable steps
necessary to remove the cause of objection.
E. 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.
F. 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.
G. The LESSEE shall not do or permit to be done
anything which may interfere with the effectiveness or accessz-
t
bility of the drainage and sewage system, fire protection system,
sprinkler system, alarm system, fire hydrants and hoses, if any
are installed or located on or in the premises.
H. The LESSEE shall not overload any floor or paved
area on the premises and shall repair any floor, including
supporting members, and any paved area damaged by overloading.
I. The LESSEE shall not do or permit to be done any
act or thing upon the premises:
(1) Which will invalidate or conflict with any fire
insurance policies covering the premises at
the Airport; or
(2) Which may constitute an extra - hazardous con-
dition so as to increase the risks normally
attendent upon the operations permitted by
this Agreement.
J. The LESSEE shall not keep or store during any
24 hour period flammable liquids within any covered and /or enclosed
portion of the premises in excess of the LESSEE'S working require-
ments during the said 24 hour period. Any such liquids having a
flash point of less than 110 degrees F. shall be kept and stored
in safety containers of a type approved by the Underwriters
Laboratores and the Fire Chief of the City of Sanford.
K. The LESSEE shall at its own expense ensure that
all sprinkler systems on the premises are maintained in satis-
factory operating condition and shall from time to time and as
often as considered reasonably necessary by LESSOR conduct
pressure, water_flow, and other appropriate tests of the system.
In the event the system is activated LESSEE agrees to reimburse
LESSOR for water usage. The charge for water used in this
instance shall be at the actual cost of the water charged LESSOR
by the City of Sanford.
L. LESSEE will at all times comply with regulations
and instructions regarding the disposal of sewage, industrial,
agricultural, thermol or radioactive waste as set forth by the
Florida Department of Air and Water Pollution Control, other
State Agencies, County Health Department and other local pollu-
tion control agencies. LESSEE further- agrees.to install at its
own expense air and water pollution control devices if it is
determined that LESSEE is the source of air and water pollution.
M. The LESSEE shall provide and pay for all lights,
gas, electrical current, water and sewers used any where in or
about the demised premises, and shall pay the charges made thereof
by the suppliers thereof promptly when due. It is further under-
stood 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.
N. LESSEE, at its expense, shall maintain in a good
and safe condition the interior of all buildings and structures
now or hereafter placed on the demised premises 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. The LESSOR, at its
expense, shall maintain in a good and safe condition the exterior
of all buildings and structures now on the premises exclusive
of doors and windows, which shall be maintained by LESSEE at
its own expense. The LESSEE shall, at all times and at its own
cost and expense, make all repairs to the interior of structures
and other improvements as may at any time be needful, including
air conditioning and heating systems. In addition, LESSEE
agrees to provide all necessary cleaning services for the
leased areas and to provide the necessary management and
labor personnel to perform continuing maintenance upon the
facilities, 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 subjected 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. -
0. LESSEE agrees to keep all fixtures pertaining to
water, sewer and electrical systems in good order and repairs and
agrees that he is liable for any damage to such systems if such
damage is due to negligence of the LESSEE.
P. The LESSEE agrees to provide the necessary
management and operate the facility in the manner and quality
represented and offered to the LESSOR by LESSEE in its proposal
and such operation must at all times be acceptable to LESSOR.
Q. All operational facilities 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 airports.
R. It is mutually understood and agreed that nothing
herein contained is intended or shall be construed as in any
wise creating or establishing the relationship of co- partners
between the parties hereto or as constituting the LESSEE as
the agent or representative of LESSOR for any purpose of any
manner whatsoever.
S. It is understood by LESSEE that rodent and pest
control is the sole responsibility of LESSEE. In addition,
LESSEE shall maintain the leased property in a clean, neat
condition and shall not accumulate or permit the accumulation
of any trash, refuse, or debris or of anything that is unsightly
or which creates a fire hazard or nuisance or causes inconveniences
to adjoining properties.
7. RIGHTS OF LESSOR
A. The LESSOR expressly reserves the right to
further develop or improve any area of the Airport as the
LESSOR deems proper, regardless of the desires or views of
the LESSEE, and without interference or hindrance.
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 contained 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 exhaused 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. During time of war and national emergency, the
LESSOR shall have the right to lease the Airport property or
any portion thereof, including the demised premises, to the
United States Government for military or naval use, and, if
such lease is executed, the provision of this instrument insofar
as they are inconsistent with the provisions of the lease to the
government shall be suspended.
�J
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F. LESSEE acknowledges that although LESSOR has not
entered into an agreement for the exclusive or non - exclusive
right of operating various franchises such as vending machines,
auto parking, auto rental, or restaurant on the Airport, LESSOR
has the right to enter into such a franchise agreement.
8. CONTROL OVER AIRPOR ^ 1
The LESSEE, under the terms of this agreement, shall not be in
control or 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 contractor and operator, responsible to
all parties for all of its acts or omissions and the LESSOR shall
in no way be responsible thereof.
9. IMPOSSIBILITY OF PERFORVANCE BY LESSOR
The LESSOR may, at any time during the term hereof or any
renewal or extension hereof, discontinue the operation and main-
tenance of either or all or any part of the said Sanford 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 subdi-
vision thereof, but in such event, the LESSOR shall use all
reasonable efforts to enable the LESSEE to continue its occupancy
of the demised 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
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Airport or the buildings now or hereafter on the leased premises
are rendered unusable by LESSEE for the uses and purposes 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 building
for LESSEE, subject to LESSEE'S acceptance, or shall have re-
stored the building now or hereafter upon the leased 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
said building, as aforesaid, is not operated or available for use
by LESSEE. In the event of the absolute taking of the demised
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 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
thereof which the value of his then remaining leasehold bears
to the value of the estate so taken.
10. TERMINATION OF LEASE
The LESSEE, in addition to any right of termination or any
other right herein given LESSEE, may terminate this lease by
giving thirty days written notice to LESSOR, given upon or
promptly after the happening of any one of the following events:
(a) Any failure or refusal by the Federal Aviation
Agency to permit the LESSEE to conduct its business
on the demised premises.
(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 days
after receipt of written notice from LESSEE of the
existence of such breach.
(c) The inability of LESSEE to use said demised
premises continuing for a. period than thirty
days, due to any law or order, rule or regulations
of any 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 said premises and facilities.
In the event that for any of the causes enumerated in para-
graphs (a) through (c) above, the said buildings now or herein-
after upon the demised premises shall become completely unusable
by the LESSEE in its operation for a period of more than thirty
days, the rental provided for hereunder shall be abated during
such time as the same shall reamin so unusable by LESSEE.
11. DEFAULT
A. Continued performance by the LESSOR under this
agreement for any perid 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 here-
of to be performed, kept and observed by the LESSEE shall be
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construed to be or act as a waiver by the LESSOR of any subse-
quent default.
B. In the event of any default in the payment of
any rent, or any other charges or expenses on the LESSEE'S part
to be paid and met, or any installment thereof, or any part
thereof, or in the event of any default the perfor���ance of
or compliance with any other of the covenants, conditions or
agreements herein contained on the part of LESSEE to be performed,
kept or complied with at the time or in the manner herein pre-
scribed for the payment or performance thereof, or compliance
therewith, and such default shall continue for the space of
thirty days after written notice thereof, or in the event of
the abandonment or other default shall continue for a space of thirty
days, or in the event the LESSEE fails or omits to conduct or
carry on its business operation upon the demised premises for
the space of thirty days, or in the event the L ESSEE shall file
a voluntary petition in bankruptcy, or that proceedings in
bankruptcy shall be instituted against it and the LESSEE is
hereinafter adjudicated bankrupt pursuant to such proceedings,
or if a receiver or trustee shall be appointed of the property
of the LESSEE, or if any levy shall be made against the lease-
hold interest of the LESSEE, then in either or any of such
events, the LESSOR shall have the right, at its option, thereupon
or thereafter and without demand or notice, to terminate this
lease and to remove the LESSEE and any and every one claiming
under or through it from the demised premises by summary
proceedings or in any other lawful manner, and to repossess and
enjoy said premises together with all additions, alterations,
improvements, changes, and new structures thereon.
C. LESSEE hereby waives the benefit of all exemption
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laws and further agrees to pay all reasonable attorney's fees to
LESSOR'S attorney for all services performed by said attorney in
acting upon any default defined in this lease agreement, together
with any and all legal costs incurred in protecting LESSOR from
said default. The rights of the LESSOR shall be considered
cumulative and shall not be waived now or in the future by the
exercise of any rights or remedies provided by the LESSOR under
the terms of this lease agreement or authorized by law.
12. SURRENDER
The LESSEE shall yield and deliver possession of the demised
premises to the LESSOR at the termination of this lease, by
expiration of time or otherwise, or of any renewal or extension
hereof, in good condition, excepting only reasonable wear and
tear, fire or other casualty, and the LESSEE shall have the right
at any time during said term, or any renewal or extension hereof,
and for thirty days after the termination hereof, to remove its
property therefrom as hereinbefore stated.
13. INSURANCE
A. The LESSEE shall and will indemnify and save
harmless the LESSOR from and against any and all liability, claims,
demands, damages, expenses, fees, fines, penalties, suits, pro-
ceedings, actions and costs of actions, including attorney's
fees, or any kind and nature arising or growing out of or in
any way connected with the use, occupancy, management and control
of the demised premises, or the use or thereof by the
LESSEE, or its agents, servants, employees, customers, patrons
or invitees, or arising out of or in any way connected with the
operation or conduct of any business or businesses of the LESSEE
of the demised premises, or the use or occupation thereof by the
LESSEE, or its agents, servants, employees, customers, patrons
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or invitees, or arising out of or in any way connected with the
operation or conduct of any business or businesses of the LESSEE
conducted in, upon, on, or about said premises, or said Airport,
or arising out of or in any way connected with any act of omission
of the LESSEE or its agents, servants, employees, customers,
patrons or invitees, whether on the demised premises or on or
about said Airport, or resulting from injury to personal property,
or loss of life, or property of any ',rind or nature whatsoever
sustained during the term hereof, on or about the demised premises,
or in or about said Airport (except for injuries, damages, or
claims which are the result of the primary negligence of the
LESSOR, or for which the LESSOR is legally,directly, and
primarily liable),
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In the event of loss or damage to any such buildings,
LESSOR further agrees to re -build or repair such buildings to
such extent but limited to such amount as is collected from the
insurance proceeds. The LESSEE shall have the option to re -build
or repair after such 'Loss or damage, at its own expense, any such
building or buildings to such extent as to return such buildings
to the equivalent use, space and suitability as prior to such
los, or such additional facilities as LESSEE may determine is
feasible, all such construction to be subject to the approval of
plans and specifications by LESSOR. In the event the proceeds of
insurance do not permit re- building by LESSOR to such extent as
to make any building equivalent to the building immediately prior
to the loss, and the LESSEE desires to exercise its option to
re -build at its own expense in order to provide equivalent or
more expanded facilities, LESSEE shall have the right to use
the proceeds of the aforesaid insurance in addition to LESSEE'S
own funds. The title to all of such buildings repaired, recon-
structed or constructed shall be and remain in - LESSOR.
C. Not less than thirty (30) days prior to the effective
date of any renewal, the LESSEN shall furnish satisfactory proof
to the LESSOR that premiums have been paid. In addition all
insurers shall furnish a certificate assuring the LESSOR that
any coverage will not be cancelled or otherwise modified without
written notice to the LESSOR of at least thirty (30) days.
It is further agreed that if LESSEE fails to maintain current
and effective insurance as required after having been notified of
such insurance cancellation or termination the LESSEE thereby
becomes a tenant by sufferance and the LESSOR shall be entitled
to re -enter and retake possession immediately of the structures.
,cll
14. RIGH ^ 1 OF: ENTRY
The LESSOR, or its representatives, shall have the right
to enter upon said demised premises at any reasonable hour for
the purpose of examining the same, or for any other lawful
purpose.
15. NOTICES
Notices to the LESSOR provid6d 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 32771
and notices to the LESSEE shall be sufficient if sent by registered
or certified mail, postage prepaid addressed to the LESSEE at:
P. O. Box 1778, Sanford, Florida 32771
or to such other respective addresses as the parties may
designate, in writing, from time to time.
16. FAA
Whenever the term "Federal Aviation Agency" is used in
this lease, it shall be construed as referring to the Federal
Aviation Agency 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 Agency or its successors.
17. ASSIGNMENT OR SUBLETTING
The L!;SSEE shall not assign this lease nor any interest
therein, nor under -let or sub-let all or any part of the leased
premises, rights or privileges, without the written consent of
LESSOR being first had and obtained. 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 assign-
ment, 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 sub - letting shall
operate as a consent to any other or future assignment or sub-
letting, 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.
18. DISCRIMINATION
The (tenant, lessee, concessionaire, party of the second
part, etc.), in exercising any of the rights or privileges herein
granted to (him, her, it, them), shall not on the grounds of race,
color or national origin discriminate or permit discrimination
against any person or group of persons in any manner prohibited
by Part 21 of the regulations of the Secretary of Transportation.
The (landlord, lessor, party of the first part, etc.) is hereby
granted the right to take such action, anything to the contrary
herein notwithstanding, as the United States may direct to
enforce this non - discrimination covenant.
19. TAXES
All sales or use taxes from time to time levied by lawful
authority shall be paid by and the responsibility of LESSEE.
CONTINUED ON PAGE 22
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20. MISCELLANEOUS PROVISIONS
A. The lease shall be subordinate to the provisions
of any existing or future agreement between the LESSOR and the
United States, relative to said Airport property and the operation
and maintenance of the Airport.
B. During time of war or any national emergency the
LESSOR shall have the right to lease the. area or any
part thereof to the United States Government for military or
naval use, and, if such lease is executed, the provisions of
this instrument insofar as they are inconsistent with the pro-
visions of the lease to the Government shall be suspended.
C. The LESSEE shall not at any time use the demised
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.
D. The accumulation of rubbish, trash, rags, cans,
grease, food items, gasoline or other combustible materials in
or about the buildings will not be tolerated. LESSEE shall
keep his area clean at all times and it shall be subject to
inspection by the Airport Manager at any time and if found to
be a fire or accident hazard LESSEE shall be so informed and
LESSEE shall within two (2) days notice clean the area to the
Airport Managers satisfaction.
E. LESSOR has the privilege of carding the above
described premises for rent at any time within thirty (30)
days prior to the expiration of this lease and during the said
time to exhibit the said premises at reasonable hours.
F. LESSOR may remove fixtures, such as heaters,
blowers, steamlines, fans, and similar items not included in
this lease, from the premises at any time not interfering with
LESSEES' operations.
G. The LESSEE agrees to abide by all rules and
regulations concerning operational safety, parking of aircraft,
vehicles, fire prevention and related matters as promulgated by
the Airport Manager, copies of which rules and regulations are
available to LESSEE in the Office of the Airport Manager.
H. 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
agreement are non - exclusive and the LESSOR reserves the right
to grant similar privileges to another operator or operators
on other parts of the airport.
I. It is agreed by both parties that said Dog Pound
is to be a temporary facility in that this service in the City of
Sanford may be provided by others at some future date. To provide
for this contingency, LESSEE may terminate this lease at anytime
by providing ninety days notification in writing to LESSOR.
Further, it is specifically understood by both parties that it
is not the intent of this agreement, in any manner, to indicate
a consent of the LESSOR which would permit any other activity
or agency to occupy or administer a dog pound facility on the
leased premises. In addition, it is agreed by both parties
that after the initial two (2) year lease that should the leased
premises be needed for any airport improvement program, that the
LESSOR has the right and option to terminate said lease upon
six (6) months written notice to LESSEE.
- 23 -
IN WITNESS WHEREOF, the LESSEE has caused this
instrument to be executed in its name by its duly authorized
officer, its corporate seal affixed and attested by its
Secretary, and the LESSOR, acting by and through the City of
Sanford Airport Authority, has caused this instrument to be
executed in its name by the Chairman of said Authority, and
attested by the Airport Manager, 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:
Witness
CITY OF SANFORD AIRPORT
/`�AUTHORITY
By.
At
i
t Manager
A
FOR THE LESSEE
Witness
Witness
By
A t 'a —
��r 4-r IT-
CORPORATE SEAL
Lease approved as per form and correctness
Airport Attorney
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