Resolution 267-1986
Art Skelly
Director of Airports
RESOLUTION NO~ 267-1986
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR AND CHAIRMAN OF SAID BOARD TO EXECUTE
FAA LEASE NO. DTFA06-86-L-10175 BY AND BETWEEN
THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA AND THE UNITED STATES OF
AMERICA, CONCERNING STORAGE SPACE AT THE KEY
WEST INTERNATIONAL AIRPORT.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that said Board hereby authorizes the
Mayor and Chairman of the Board to execute FAA Lease No. DTFA06-
86-L-10175 by and between the Board of County Commissioners of
Monroe County, Florida and the United States of America, a copy
of same being attached hereto and made a part hereof, concerning
storage space at the Key West International Airport.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of September, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. .. ~
BY: ~ ~~..t v..-' '"-,,-.' _~ .... ,~ ~
",- MAY9S19H~~~N . .
(SEAL)
ATTEST :PANNX 4 KOLHAGE, Clerk
v2L:-4~.L1L
AP~f1IED AS TO FOR!~. j)
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,'!Ilce! / t
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
SOUTHERN REGION
Date of Lease
Lease Number DTFA06-86-L-10175
THIS LEASE, made and entered into this date by and between BOARD OF
COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA, whose address is Key West
International Airport, Key West, Florida 33040, and whose interest in the
property hereinafter described is that of owner hereinafter called the
Lessor, and the UNITED STATES OF AMERICA, hereinafter called the
Government.
WITNESSETH: The parties hereto for the considerations hereinafter
mentioned, covenant and agree as follows:
1. The Lessor hereby leases to the Government the following described
premises:
Approximately 203.44 sq. ft. on the first floor, identified as engine
generator room; approximately 779.84 sq. ft. on the second floor,
consisting of: Office of Supervisory Electronics Maintenance
Technician, ATCS, 178.74 sq. ft., Equipment Room, ATCS, 253.82 sq. ft.,
Maintenance Shop, SES, 200.62 sq. ft., SES Storage, 76.66 sq. ft.,
Telco Room, 70 sq. ft.; and approximately 300 sq. ft. of storage space
in the NE corner of Hangar #1. Total space under lease is
approximately 1283.28 sq. ft;
. to be used for technical and storage space.
2. TO HAVE AND TO HOLD the said premises with their appurtenances for
the term beginning October 1, 1987, through September 30, 1988, subject to
termination and renewal rights as may be hereinafter set forth.
3. The Government may terminate this lease at any time by giving at
le~st 30 days' notice in writing to the Lessor and no rental shall accrue
after the effective date of termination. Said notice shall be computed
commencing with the day after the date of mailing.
4. The following are attached and made a part hereof:
The General Provisions and Ins~ructions (Standard Form 2-A, May 1970
edition).
Attachment "A"
2
5. DISPUTES
(a) This lease is subject to the Contract Disputes Act of 1978
(Public Law 95-563).
(b) Except as provided in the Act, all disputes arising under or
relating to this lease shall be resolved in accordance with this clause.
(c) (i)
assertion by one
money, adjustment
under or relating
As used herein, "claim" means a written demand or
of the parties seeking, as a legal right, the payment of
or interpretation of lease terms, or other relief, arising
to this lease.
(ii) A voucher, invoice, or request for payment that is not in
dispute when submitted is not a claim for the purposes of the Act. However,
where such submission is subsequently not acted upon in a reasonable time,
or disputed either as to liability or amount, it may be converted to a claim
pursuant to the Act.
(iii) A claim by the Lessor shall be made in writing and
submitted to the Contracting Officer for decision. A claim by the
Government against the Lessor shall be subject to a decision by the
Contracting Officer.
(d) For Lessor claims of more than $50,000, the Lessor shall
submit with the claim a certification that the claim is made in good faith;
the supporting data are accurate and complete to the best of the Lessor's
knowledge and belief; and the amount requested accurately reflects the
contract adjustment for which the Lessor believes the Government is liable.
The certification shall be executed by the Lessor if an individual. When
the Lessor ii not an individual, the certification shall be executed by a
senior company official in charge at the Lessor plant or location involved,
or by an officer or general partner of the Lessor having overall
responsibility for the conduct of the Lessor's affairs.
(e)' For Lessor claims of $50,000 or less, the Contracting Officer
must render a decision within 60 days. For Lessor claims in excess of
$50,000, the Contracting Officer must decide the claim within 60 days or
notify the Lessor of the date when the decision will be made.
(f) The Contracting Officer's decision shall be final unless the
Les'sor appeals or files a suit' as provided in the Act.
3
(g) The authority of the Contracting Officer under the Act does not
extend to claims or disputes which by statute or regulation other agencies
of the Executive Branch of the Federal Government are expressly authorized
to decide.
(h) Interest on the amount found due on a Lessor claim shall be paid
from the date the claim is received by the Contracting Officer until the
date of payment. Interest on the amount found due on a Government claim
shall be paid from the date the claim is received by the Lessor until the
date of payment. Interest shall be computed at ten percent (10%) per annum
on the basis of a 365 or 366 day year, whichever applies.
(i) Except as the parties may otherwise agree, pending final
resolution of a claim by the Lessor arising under the lease, the Lessor
shall proceed diligently with the performance of the lease and its terms in
accordance with the Contracting Officer's decision.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their
names as of the date first above written.
LESSOR
BOARD OF COUNTY COMMISSIONERS, MONROE COUNTY, FLORIDA
BY
(Signature)
(Signature)
In presence of:
(Address)
(Signature)
UNITED STATES OF AMERICA
BY
Contracting Officer
(Official Title)
?!m lirD AS TO FORM
A J L ",'L SUFFlC/:"CY.
BY _._~ /-1,l;)
, At, ney's Office /
l----..
Lease No. DTFA06-86-L-1017S
ATCT, Key West, Florida
ATTACHMENT "A"
6. This lease may, at the option of the Government, be renewed from
year to year without rental charge and otherwise upon the terms and
conditions herein specified. The Government's option shall be deemed
exercised and the lease renewed each year for one year unl~ss the Government
gives 30 days notice that it will not exercise its option, before this lease
or any renewal thereof expires; PROVIDED, that no renewal thereof shall
extend the period of occupancy of the premises beyond the 30th day of
September 1992.
7. The Government shall pay the Lessor for the premises rent at $1.00
for the initial term and all renewal terms thereof, the receipt and
sufficiency of which is hereby acknowledged.
8. Janitorial services are provided by the Government under separate
contract.
9. The Lessor shall provide potable drinking water conveniently
located to the leased areas.
10. This lease is to supersede Lease No. DOTFA82S0-13060.
11. The Lessor shall provide separate and adequate toilet facilities
for male and female employees together with hot and cold water.
12. Heating and Air Conditioning. Heating and air conditioning
temperatures shall be maintained in accordance with 41 CFR Part 101-20.116-
3, as of the effective date of this lease. Temperature control devices
shall be set to maintain temperatures of:
Cooling: During the cooling season, the setting on room and zone
thermostats shall be held at 78 degrees - 80 degrees F during working hours
and permitted to go higher during nonworking hours. Necessary adjustments
shall be ma~e to cooling system controls so that the temperature in the
space shall be maintained within this range without the use of heat.
Heating: During the seasonably cool months, temperature control devices
shall be set to maintain temperatures of 6S degrees - 68 degrees F during
working hours and shall be turned off or lowered to allow temperatures of SS
degrees F or less during nonworking hours but to avoid freezing conditions.
Temperatures in warehouse and similar space shall be adjusted lower than 6S
degrees - 68 degrees F depending on the type of occupancy and activity in
the space.
NOTE: The temperature level settin~s set forth above are established by
Federal regulatory guidelines to conserve energy, except those areas that
shall be exempted by the Government/FAA under 41 CFR Part 101-20.116-4.
Lease No. DTFA06-86-L-10175
ATCT, Key West, Florida
ATTACHMENT "A" (Continued)
13. The Lessor shall provide parking equal to that of airport
employees.
14. The Government shall have the right and privilege to install,
operate and maintain antenna wires and appurtenances on top of the
Administration Building, or such other location on airport property as
deemed necessary, together with the right to install, operate and maintain
necessary cable from such installations to the Air Traffic Communications
Station, provided such installations will not be located in such an area or
in such a manner as to adversely affect the development, improvement or
operation of the Key West International Airport. It is also specifically
understood and agreed that in locating antenna wires, or appurtenances on
top of the Administration Building, or other portions of the Administration
Building, the Government will perform the work, or cause the same to be
pe.rformed, in such a manner as to hold the County ,of Monroe harmless from
any and all damages that may be caused by such work, or any and all damages
that may be caused by such work, or any and all damages that may be
sustained through the cancellation of the roofing bond. The Government
shall also have the right and privilege to install, operate and maintain
such underground power and control cables as will be necessary between the
Air Traffic Communications Station and the emergency standby power plant for
proper operation of the facility or facilities during periods of commercial
power failure.
INITIALS:
LESSOR:
GOVERNMENT:
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