AMENDMENT NO. 3 TO SPACE RENTAL AGREEMENT Board Date: PREPARED BY: REAL ESTATE DEPARTMENT ATTN: MARSHA DANIELSON P. O. BOX 22287 TAMPA, FLORIDA 33622
AMENDMENT NO. 3 TO SPACE RENTAL AGREEMENT THIS AMENDMENT to that certain Space Rental Agreement at Tampa International Airport, dated January 6, 2011, by and between the, a public body corporate under the laws of the State of Florida (hereinafter referred to as Authority ), and, a corporation organized under the laws of the Country of Canada (hereinafter referred to as Company ) (hereinafter individually and collectively referred to as "Party" or "Parties") is entered into this day of, 2014 (hereinafter referred to as "Amendment No. 3"). WITNESSETH: WHEREAS, Company operates at the Tampa International Airport in Hillsborough County, Florida (hereinafter referred to as the Airport ) under a written agreement with Authority, as may be extended by amendment or renewed by execution of a subsequent agreement for said operations, entitled Operating Agreement for Non-Signatory Passenger Air Carriers (hereinafter referred to as the "Basic Agreement"); and WHEREAS, on January 6, 2011, Authority and Company entered into a Space Rental Agreement for certain premises in support of Company s operations under the Basic Agreement (hereinafter referred to as the Agreement ); and WHEREAS, on July 14, 2011, the Agreement was amended to add 218 square feet of Ticket Counter Office space and to clarify the commencement date of payments (hereinafter referred to as Amendment No. 1 ); and WHEREAS, on May 3, 2012, the Agreement was amended to relocate Company s Baggage Service Office and update the associated exhibit (hereinafter referred to as Amendment No. 2 ); and WHEREAS, this Amendment No. 3 adds ticket level office space and Airside E ramp level operations space to the Agreement; updates the title of Authority s Executive Director to Chief Executive Officer; updates payment submission instructions; updates the insurance compliance provision; and updates contact information for Company and Authority. NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency whereof are hereby mutually acknowledged, the Parties do agree that the Agreement is amended as follows: 1. The above recitals are true and correct and are incorporated herein. Amendment No. 3 to Space Rental Agreement - 1 - November 19, 2014
2. Any and all references in the Agreement to Authority s Executive Director will henceforth mean Authority s Chief Executive Officer. 3. ARTICLE 2, PREMISES, Section 2.01, Premises, Subsections B and C, are hereby deleted in their entirety and replaced by the following: B. A portion of the Landside Terminal Building consisting of 883 square feet of ticket office space, more particularly depicted on Exhibit B, Landside Ticketing Level Office Space, dated November 2014, attached hereto and by this reference made a part hereof (hereinafter referred to as Ticketing Level Office Space ); and C. A portion of Airside Building E consisting of 818 square feet of ramp level operations space, more particularly depicted on Exhibit C, Airside E Ramp Level Operations Space, dated November 2014, attached hereto and by this reference made a part hereof (hereinafter referred to as A/S E Ramp Level Operations Space). 4. ARTICLE 5, PAYMENTS, Section 5.01, Rents, is hereby deleted in its entirety and replaced by the following: The total annual rent for the Premises is $297,905.56, payable in monthly installments of $24,825.46, plus applicable taxes, on or before the first day of each and every calendar month, in advance and without demand (hereinafter referred to as "Rents"). The Rents for the Premises represent the current rental rate as determined by Authority and are calculated as follows: (1) Effective October 1, 2014: 330 square feet of Baggage Service Office space @ $168.78 per square foot per year = $55,697.40; (2) Effective December 4, 2014: 883 square feet of Ticketing Level Office Space @ $198.56 per square foot per year = $175,328.48; (3) Effective December 4, 2014: 818 square feet of A/S E Ramp Level Operations Space @ $81.76 per square foot per year = $66,879.68. For any period of less than one calendar month that this Agreement is in effect, the Rents will be calculated on a pro rata basis. 5. ARTICLE 5, PAYMENTS, Section 5.05, Place of Payments, is hereby deleted in its entirety and replaced by the following: 5.05 Place of Payments Company will submit all payments required by this Agreement as follows: Amendment No. 3 to Space Rental Agreement - 2 - November 19, 2014
(ELECTRONICALLY PREFERRED METHOD) VIA ACH WITH REMITTANCE ADVICE TO RECEIVABLES@TAMPAAIRPORT.COM OR (MAIL DELIVERY) ATTN: FINANCE DEPARTMENT P. O. BOX 22287 TAMPA, FLORIDA 33622-2287 OR (HAND DELIVERY) ATTN: FINANCE DEPARTMENT 4160 GEORGE J. BEAN PARKWAY SUITE 2400, ADMINISTRATION BUILDING 2ND LEVEL, RED SIDE TAMPA, FLORIDA 33607 6. ARTICLE 15, INSURANCE, Section 15.03, Conditions of Acceptance, is hereby deleted in its entirety and replaced by the following: 15.03 Conditions of Acceptance This Agreement incorporates by reference the Authority s Standard Procedure concerning contractual insurance terms and conditions in effect as of the date of this Agreement as may be amended from time to time. 7. ARTICLE 39 NOTICES AND COMMUNICATIONS, is hereby deleted in its entirety and replaced by the following: ARTICLE 39 NOTICES AND COMMUNICATIONS All notices or communications whether to Authority or to Company pursuant hereto will be deemed validly given, served, or delivered, upon receipt by the party by hand delivery, or three days after depositing such notice or communication in a postal receptacle, or one day after depositing such notice or communication with a reputable overnight courier service, and addressed as follows: TO AUTHORITY: TO COMPANY: (MAIL DELIVERY) (MAIL DELIVERY) ATTN: DIRECTOR, REAL ESTATE PROGRAMS P. O. BOX 22287 ZIP YUL 1232 TAMPA, FLORIDA 33622-2287 P. O. BOX 14000, STATION AIRPORT ATTN: CHIEF EXECUTIVE OFFICER DORVAL, QUEBEC CANADA H4Y1H4 Amendment No. 3 to Space Rental Agreement - 3 - November 19, 2014
Or for Hand Delivery: Or for Hand Delivery: CORPORATE REAL ESTATE (YUL 1232) 4160 GEORGE J. BEAN PARKWAY, SUITE 2400 COURIER ROOM, BLDG. 6, GATE 2 ENTRANCE ADMINISTRATION BUILDING, RED SIDE 730 COTE VERTU WEST TAMPA, FLORIDA 33607 DORVAL, QUEBEC, CA H4Y 1H4 or to such other address as either Party may designate in writing by notice to the other Party delivered in accordance with the provisions of this Article. If the Notice is sent through a mail system, a verifiable tracking documentation such as a certified return receipt or overnight mail tracking receipt is encouraged. 8. Exhibit B, Landside Ticketing, dated May 2011, is hereby deleted in its entirety and replaced by the following: Exhibit B, Landside Ticketing Level Office Space, dated November 2014. 9. Exhibit C, Airside E Ramp, dated April 2010, is hereby deleted in its entirety and replaced by the following: Exhibit C, Airside E Ramp Level Operations Space, dated November 2014. 10. Except as otherwise stated herein, all other terms remain in full force and effect and are hereby ratified and confirmed. The Agreement, Amendment No. 1, Amendment No. 2, and this Amendment No. 3 represent the entire understanding between the Parties on the issues contained therein, either written or oral, and may be amended only by written instrument signed by both Parties. [Remainder of this page is intentionally left blank.] Amendment No. 3 to Space Rental Agreement - 4 - November 19, 2014
IN WITNESS WHEREOF, the Parties hereto have set their hands and corporate seals on this day of, 2014. ATTEST: By: Victor D. Crist, Secretary Robert I. Watkins, Chairman Address: P. O. Box 22287 Address: P. O. Box 22287 Tampa, FL 33622 Tampa, FL 33622 Signed, sealed, and delivered in the presence of: _ Witness Signature _ LEGAL FORM APPROVED: By: David Scott Knight Assistant General Counsel Witness Signature _ STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of, 2014, by Robert I. Watkins in the capacity of Chairman, and by Victor D. Crist in the capacity of Secretary, of the Board of Directors, Hillsborough County Aviation Authority, a public body corporate under the laws of the State of Florida, on its behalf. They are personally known to me and they did not take an oath. (Stamp or seal of Notary) Signature of Notary Type or print name of Notary Date of Commission Expiration (if not on stamp or seal) Amendment No. 3 to Space Rental Agreement - 5 - November 19, 2014
Signed in the presence of: By: Title: Witness Signature Witness Signature Print Address PROVINCE OF QUEBEC DISTRICT OF MONTREAL The foregoing instrument was acknowledged before me this day of, 2014, by in the capacity of, (Individual s Name) (Individual s Title) at a (Name of organization or company, if any) (Corporation/Partnership/Sole Proprietor/Other) on its behalf. and has produced (He is/she is) (Personally known to me / not personally known to me) the following document of identification. (Stamp or seal of Commissioner for Oaths) Signature of Commissioner for Oaths Type or of Commissioner for Oaths Date of Commission Expiration (if not on stamp or seal) Amendment No. 3 to Space Rental Agreement - 6 - November 19, 2014