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Title: |
Ground Lease |
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Entities: |
Kitty Hawk, Inc.; Fort Wayne-Allen County Airport Authority; Kitty Hawk Inc. |
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Date: |
1999 |
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Size: |
Preview shows 5KB of 70KB total |
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Price: |
$50 |
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ID: |
#112765 |
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FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY
GROUND LEASE
This Ground Lease, made and entered into as of the 13th day of April,
1998, by and between FORT WAYNE-ALLEN COUNTY AIRPORT AUTHORITY, an Indiana
municipal corporation ("Landlord"), and KITTY HAWK, INC., a Delaware corporation
duly admitted to do business in the State of Indiana, ("Tenant");
WITNESSETH THAT, in consideration of the rents, covenants and
agreements hereinafter set forth, such parties enter into the following
agreement:
ARTICLE I
DEFINITIONS AND EXHIBITS
Section 1.1 Definitions.
In addition to the words and terms elsewhere defined in this Lease, the
following words and terms as used in this Lease shall have the following
meanings unless the context or use indicates another or different meaning or
intent and such definitions shall be equally applicable to both the singular and
plural forms of any of the words and terms herein defined.
"Airport Use and Lease Agreement" shall mean the agreement from time to
time in effect between the Landlord and all Signatory Airlines.
"Bonds" means the Fort Wayne International Airport Air Trade Center
Building Corp. First Mortgage Improvement Bonds, Series 1998.
"Building Corp." means the Fort Wayne International Airport Air Trade
Center Building Corp.
"Buildings" means all of the improvements to be constructed pursuant to
Article IV of the Building Lease.
"Building Lease" means that certain building lease entered into by and
between Landlord and Tenant on even date herewith.
"Project" means the American International Freight Central Cargo Hub,
consisting in part of aircraft maintenance, cargo sort, and related facilities,
the real, personal or real and personal property identified in Exhibit "C"
hereto or in or pursuant to any amendments hereto or in the certificate given
pursuant to Section 4.3 hereof, or acquired, constructed or installed as
replacement or substitution therefor or addition thereto.
1
{PAGE} 2
"Operating Agreement" means that certain operating agreement entered
into by and between Landlord and Tenant on even date herewith.
"Use and Lease Agreement" means that certain use and lease agreement
entered into by and between Landlord and Tenant on even date herewith.
Section 1.2 Exhibits.
The exhibits listed below and attached to this Lease are incorporated
herein by this reference:
Exhibit "A" Description of the premises herein demised to Tenant.
Exhibit "B" Phase I Environmental Site Assessment Report with respect
to the Premises to be furnished by the Landlord.
Exhibit "C" Description of the Expansion Real Estate, as described in
Article III herein.
ARTICLE II
LEASED PREMISES AND TERM
Section 2.1 Leased Premises.
Landlord herein leases to Tenant and Tenant hereby rents from Landlord
the real property described in Exhibit "A" to this Lease (hereinafter called
"the Premises"), under the terms set forth in this Lease.
Section 2.2 Lease Term.
The term of this Lease (the "Lease Term") shall commence on the earlier
of the following dates:
(a) The Completion Date as provided for in the Building Lease,
or
(b) The date upon which the Tenant takes possession of the
Premises,
which date is hereinafter referred to as the "Commencement Date."
Notwithstanding the foregoing, in no event, other than upon the occurrence of an
event described in Section 22.6 below, shall the Commencement Date be later than
July 1, 1999.
The term of this Lease shall cease at the termination of the term of
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