DTFA06-03-L-05229 1st Supplement 09/19/2007
MEMORANDUM
To: Peter Horton, Airports Director
Altn: Bevelte Moore
,', >
~,
From:
,
<,"l.'-'
Isabel DeSantis, Deputy Clerk,,,)"
j
September 25,2007
Date:
At the BOCC meeting of September I9, 2007 the BOCC granted approval and authorized
execution of the following item:
Purchasf: Service Order No. 06/07-35 between Monroe County and URS for Airport
Noise Coordinator for the Key West International Airport.
Purchasf: Service Order No. 06/07/-37 between Monroe County and URS for Part 150
Noise Exposure Maps Update for the Key West Airport.
/SuPPlemental Lease Agreement, No. DTFA06-02-L-00365 between Monroe County and
the Department of Transportation Federal Administration for office space at the Key
West Intl~rnational Airport.
Supplemental Lease Agreement, No. DTFA06-03-L-05229 between Monroe County and
the Federal Aviation Administration for storage space at the Key West International
Airport.
Purchase Service Order No. 06/07-36 between Monroe County and URS for
Disadvantaged Business Enterprise Implementation for the Key West and Marathon
Airports.
Purchase Service Order No. 06/07-24 between Monroe County and URS for Runway
Safety Area (RSA) design plans and specifications for the Key West International
Airport.
Attached hereto are duplicate originals ofthe subject documents for your handling.
Please be sure that the Supplemental Lease Agreements which are stamped Monroe
County Clerk's Office Original and Monroe County Finance Department's Original
are returned to my attention after they are signed by the FAA. Should you have any
questions: concerning this matter please do not hesitate to contact this office.
CC: County Attorney, w/o docs.
Finance
File ,/'
~
U.S. Departm,ent
of Transportation
Federal Aviation
Administratl()O
Eastern Logistics Service Area
Logistics Division
Real Estate Group
ASO-53
P.O Box 20636
Atlanta, Georgia 30320-0636
October IS, 2007
Ms. Bevette Moore
Airports Business Administrator
Key West International Airport
3491 S. Roosevelt Boulevard
Key West, FL 33040
RE: Lease Amendment
Dear Ms. Moore:
Enclosed for your records is an executed copy of Supplemental Agreement No. I to Federal
Aviation Administration (FAA) Lease No. DTFA06-03-L-05229.
Your cooperation in the completion of this agreement is appreciated.
Sincerely,
~ JJ~M
Chris Barnhill
Real Estate Contracting Officer
Real Estate Group
Enclosure
RECENEO
OCl 1 9 2007
A\RpORl ADM\N. /1- 1.
DEPARTMENT OF TRANSPORTATION
FEDERAL A VIA TION ADMINISTRATION
SOUTHERN REGION, ASO-53
DUPLlCAfE ORIGINAL
Supplemental Agreement No. I
Lease No.: DTFA06-03-L-05229
Facility: A TCT Storage
Location: Key West, FL
THIS SUPPLEMENTAL AGREEMENT, entered into this 5fi; day of ~/lbk~ , 2007, between BOARD
OF COMMISSIONERS OF MONROE COUNTY, FLORIDA. hereinafter called the Lessor, and the United States of America,
acting by and through the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Southern Region, P.O.
Box 20636, Atlanta, Georgia 30320, hereinafter called the Government;
WHEREAS, it is the desire of the parties to amend said Lease Number DTFA06-03-L-05229 dated October 1, 2002, whereby
the Lessor leases to the Government Approximately 454.44 square feet of net usable space located on the second floor of the
Terminal Building for Air Traffic Control Tower (A TCT) storage, Key West International, Monroe County, Florida.
NOW THEREFORE, the parties hereto covenant and agree that said lease contract is hereby amended as follows without
change in the ternlS and conditions specified therein, unless herein provided effective as of the date first written above.
Article 4 is deleted in its entirety, and the following is substituted thereDre:
4. RENEWAL
This lease may, at the option of the Government, be renewed from year to year 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 (I) year unless
the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any
renewal expires; provided, that no renewal thereof shall extend the period of occupancy of the premises beyond the 30th day of
September, 2012; AND PROVIDED FURTHER, that adequate appropriations are available from year to year for the payment
of rentals.
Article 6 is amended as follows:
6. RENTAL
Rent in the amount of $11 ,397.36 per year, or $949.78 per month shall be payable to the Lessor in arrears and will be due on
the first workday of each month, without the submission of invoices or vouchers. Subject to available appropriations. The
applicable annual rental rates to the premises covered by this lease are $25.08 per square foot for space. Rent shall be
considered paid on the date a check is dated or an electronic funds transfer is made. Rent for a period of less than a month shall
be prorated. Checks will be made payable to:
Board of Commissioners of Monroe County, Florida
c/o Director of Airports,
3491 South Roosevelt Boulevard,
Key West, Florida 33040
All other terms and conditions .of the lease remain unchanged.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written.
LESSOR:
Board of County Commissioners
of Monroe County, Florida
UNITED STATES OF AMERICA
Department of Transportation
Federal Aviation Administration
~wOAO;~
By:
By:
C-A0J~
Signature
Signature
A1 allor / CJ1a/rh/t!Ln
I ;tTitIe otf-/q-07
Real Estate Contracting Officer
Title
','., ., '''''l.l.~ECt.ER\( ,
. .'"....._..'.~.-; 'OJ, .J-
~Ju.i!..C~jcz.>... Vc>
PED ERCADO
ASSISTANT C 'UNTY ATTORNEY
Data
"?" ,....,
D = -'OJ
C) =
z ~ .....
,.I':'>>
:;iJ'C")Z 0
~~~~ (""")
-f
N 1
(:J r:l N .-:)
.'- . -~)
.. , :r- .. ,
,-, :x J
- ("')
'YJ (,::)
r-'- "
>':..1
::-> N '=:1
.....,
'T'-- <.~....<<;t~'IIR_''*'''''-''-
.....--
,
FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY
lEASE NUMBER
DTF A06-03-L-05229
Date of Lease: 10/1/02
1. THIS LEASE, entered intCl by and between Board of Commissioners of Monroe County, Florida whose interest in the property hereinafter described is that of
owner, hereby referred to as LESSOR, and the United States of America, hereinafter referred to as the Government: WITNESSETH: The Parties hereto, and for
the consideration hereinafter mentioned, covenant and agree as follows (10/96):
2. DESCRIPTION - The Lessor hereby leases to the Government the following described premises: _Approximately 454.44 square feet of net-
usable space located on the second floor of the Terminal Building and 300 square feet of land located behind Hangar No.1, Key West International
Airport, Monroe County, Florida. The,lease premises is used for Airway Facilities System Support Center (SSC) and Air Traffic Control Tower (ATC.T)
storage. The lease premise!; is identified as follows:
Room Name
Equipment
Maintenance Shop
Land for FAA Storage Bldg.
Sauare Feet
253.82 @$14.29 pst
200.62 @$14.29 pst
300.00 @ $ .71 pst
754.44 Total
Location
Second Floor
Second Floor
Han9ar No.1 - .<1,. L,."'S t-'" .tt "'
7'1,.r 004...
3. TERM - To have and to hold said premises with their appurtenances for the term beginning October 1 2002 through Seotember 30 2003. subject to
termination and renewal rights as may be hereinafter set forth.
4. RENEWAL - This lease may, at the option of the government, be renewed from year to year and othel"Nise upon the terms and conditions herein specified.
The Government's option shall be deemed exercised and the tease renewed each year for one (1) year unless the Government gives the Lessor thirty (30)
days written "otie that it will not exercise its option before this lease or any renewal expires: provided. that no renewal thereof shall extend the period of
occupancy of the premis,ets beyond the 30111 day of September, 2007; AND PROVIDED FURTHER, that adequate appropriations are available from year to
year for the payment of rl~ntals.
5. TERMINATION - The GClvernment may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor
and no rental shall accrUlet after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing.
6. RENTAL
Rent in the amount of $558.91 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of
invoices or vouchers. Subject to available appropriations. The applicable annual rental rates to the premises covered by this lease are $14.29 per square foot for
space and $.71 per square foot for land on which the Government's storage unit rests. Rent shall be considered paid on the date a check is dated or an electronic
funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to ;
Board of Commissioners of Monroe County, Florida, clo Director of Airports, 3491 South Roosevelt Boulevard, Key West, Florida 33040.
7. STANDARD CONDITIDNS AND REQUIREMENTS
The following standard conditiclMs and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the
GOVERNMENT) (10/96):
Space offered shall have a valid Occupancy Permit. issued by the local jurisdiction, for the intended use of the Government, or the offeror shall complete and
provide a certified copy of ~FAA Safety & Environmental ChecklistM form, in lieu of an occupancy permit, at the contracting officer's discretion. The leased premise,
all accesses to the leased premises, building operations, equipment. services, or utilities furnished by the Lessor. and activities of other occupants, shall be free of
safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected the Lessor's expense.
The Building and the leased space shall be accessible to the handicapped in accordance with the Uniform Federal Accessibility Standards (41 CFR 101-19.6,
API'. A) and all applicable statet and local accessibility laws and regulations.
The leased space shall be free of all asbestos-containing material, PCB's, Radon. and other environmentally hazardous substances. If environmentally hazardous
substances or conditions are fClund, the Lessor shall immediately correct such conditions, at no cost to the Government.
Services, utilities, and maintenance will be provided daily, extending from 7:00 a.m. to 5:00 p.m. except Saturday, Sunday, and Federal holidays. Services
supplied to technical equipmerlt shall be supplied 24 hrs. a day, seven days a week,. The Government shall have access to the leased space at all times, including
the use of electrical services, tClilets, lights, elevators, and Government office machines without additional payment.
8. SERVICES AND UTILlTIIES (To be provided by lessor as part of rent. Services shall be Building Standard, unless level of seNics is prescribed elsewhere in the lease,) (10196)
o HEATONlY. _DEG.
TRASH REMOVAL
GROUNOS MAINT
INITIAL & REPLACEMENT
LAMPS, TUBES &
BALLASTS
xx
OTHER
ELECTRICITY
o SPECIAL POWER - NOTED
BELOW)
~ chilled drinking water
HVAC .65-70 DEG, F heating
and 76-80 DEG. F cooling.
SNOW REMOVAL
WINDOW WASHING
Frequency
(Specify below)
PAINTING FREQUENCY
Parkina as for airDort
emDlovees.
~ WATER (Hot & Cold)
0. CAllY TOilET SUPPLIES &
CLEANING
CARPET CLEANING
DAilY JANITORIAL SERVo &
SUPPLIES
OTHER REQUIREMENTS
.. See Attachment "A"
FEDERAL AVIATION ADMINISTRATION 10/96
1 ot 2 Pages
FAA LEASE FOR REAL PROPERTY
9. GENERAL CLAUSES
A. INSPECTION. The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and
all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the lessor's
performance under this ilease. The FAA shall have the right to perform sampling of suspected hazardous conditions.
B. DAMAGE BY FIRE OR OTHER CASUALTY - If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions arl~ found to exist so that the leased space is untenantable as determined by the, Government, the Government may terminate the lease,
in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. (10/96)
C. MAINTENANCE OF THE PREMISES. The Lessor shall maintain the demised premises, including the building, grounds, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. (10/96)
D. FAILURE IN PERFORMANCE. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the
Government may perfonT! the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs
incurred for the service Clr item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute a default
by the Government on this lease. (10/96)
E. DEFAULT BY LESSOR - (1) Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to
deliver the leased premh.es ready for occupancy by the Government with such diligence as will ensure delivery of the leased premises within the time required
by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this
lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as
specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer. (c) Repeated failure by the Lessor to comply
with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this
clause.
(2) If a default occurs, th'El Government may, by written notice to the Lessor, terminate the lease in whole or in part. (10/96)
F. ALTERATIONS. TI"Ie Go,vernment shall have the right during the existence of this lease to make alterations, attach fixtures, and erect structures
or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises
shall be and remain the property of the Government and may be removed or otherwise disposed of by the Government. It is mutually agreed
and understood, that no rl:tStoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that
the Government shall have the option of abandoning alterations in place, 'NtIen terminating the lease, at no additional cost. (10/96)
G. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this contract, or to
any benefit arising from it. However, this clause does not apply to this contract to the extent that this contract is made with a corporation for the corporation's
general benefit. (10l96)
H. COVENANT AGAINST CONTINGENT FEES - The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this
contract upon an agreeml!nt or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the
Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise
recover the full amount of the contingent fee. (10/96)
I. ANTI.KICKBACK - The Anti.Kickback Act of 1986 (41 U.S.C. 51.58) (the Act), prohibits any person from (1) Providing or attempting to provide or offering to
provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the
contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier
subcontractor. (10/96)
J. PROTEST AND DISPUTES. All contract disputes ari_sing under or related to this contract or protests concerning awards of contracts shall be resolved under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial review, where available, will be in accordance with 49
U.S.C. ~61 !~ and shall apply only to final agency decisions. The decision of the FAA shall be considered a final agency decision only after a contractor or
off8fOf'has~exha:usted their administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the
om'?;.8.ot;Dispu.te'R~l?luth)O within 5 calendar days of the date that the protester was aware, or should reasonably have been aware, of the agency action or
inactj~~'whichlQrms.t~ basis of the protest. Unless otherwise stated in this contract, a contract dispute by the contractor against the government shall be
submltt.ect ti;rllie Cont~cting Officer within 1 year after the accrual of the contract dispute. Information relating to submitting a protest or dispute will be
provided bY.the Contral;ting Officer, upon request. (10/96)
- "'i' '.'
K. EXAM1NA::T!ON OF R~C()RDS . The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall,
until 3 ye:ars afte~ final.payment under thiS contract have access to and the right to examine any of the Contractor's dl(~dJ""liltttillBnt b.qqk$...dQC~I1Wlt~ PAQJf,
o! Dtper records involVing transactions related to thiS contract. (10/96) MUNHUt:. LUUN-l Y AI I UHNt: y
~~~ ~i!!:crORM:
~':'"'; "" .--~ PART III . AWARD (To be completed by Government) R ERT N WOL~E
IN WITNESS WHEREOF, the parties hereto have si ned and sealed their resents: CHI 581 NT/C Y ATTORNEY
Sa. NAME AND TITLE OF OWNER (rypeorPrint) 8b. S/N/R;O:OW~__ / / .e~
COUNTY COMMISSIONERS OF MONROE COUNTY, FL, ~.? ju / /1 ~
Dixie M. Spehar, Mayor 07/15/2003 (10/96)
THIS DOCUMENT IS NOT BIN'DING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED'
CONTRACTING OFFICER.
9a. NAME OF CONTRACTING OFFICER (rype or Print)
Ronnie Johnson
'K:ru:3TR
";;J ~ /6
(10196)
FEDERAL AVIATION ADMINISTRATION 10/96
2of2Pages
ATTACHMENT "Au TO LEASE NO. DTFA06- 03-L- 05229
1. INSTALLATION OF ANTENNAS CABLES AND OTHER APPURTENANCES.
The Government shall have the right to install, operate and maintain antennas, wires and their supporting
structures including any linking wires, connecting cables and conduits atop and within buildings and structures,
or at other locations, as deemed necessary by the Government, provided such installations will not be located
in such an area or in such a manner as to adversely effect the development, improvement or operation of the
Key West Internaticlnal Airport. It is also specifically understood and agreed that in locating antenna wires or
other appurtenances on top of the Administration Building, or other portions of the Administration Building, the
Government will pelform the work, or cause the same to be performed, in such a manner as to hold the County'
of Monroe harmless from 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.
2. SECURITY.
The Lessor shall pmvide sufficient security for the premises to prevent illegal or unauthorized entry and
loitering. (10/96)
3. NO WAIVER.
No failure by the GClvernment to insist upon performance of any provision of this lease or failure to exercise
any right or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future.
(10/96)
4. INTEGRATED AGREEMENT.
This lease, upon eX1scution, contains the entire agreement of the parties, and no prior written or oral
agreement, express or implied shall be admissible to contradict the provisions of this lease. (10/96)
5. COMPLIANCE WITH APPLICABLE LAWS.
The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner, or both, of
building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or
operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's
expense. This leasEl shall be governed by Federal law. (10/96)
6. NON-RESTORATION.
The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises
under this lease. It is further agreed that the Government may abandon in place any or all of the structures,
improvements and/or equipment installed in or located upon said property by the Governemnt during its tenure.
Notice of abandonment will be conveyed to the Lessor in writing. (10/96)
Attachment A 1
7. HOLDOVER.
If, after expiration 01: the lease, the Government shall retain possession of the premises, the lease shall
continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears
on a prorated basis at the rate paid during the lease term. (10/96)
8. NOTICES.
All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as
either party may designate from time to time by notice or correspondence to the other). (10/96)
TO LESSOR:
Board of County Commissioners of Monroe County, Florida
c/o Director of Airports
3491 South Roosevelt Boulevard
Key West, Florida 33040
TO GOVERNMENT:
Federal Aviation Administration
P. O. Box 20636
Atlanta, Georgia 30320
General correspondlence may be forwarded to the above address via first class mail.
9. HOLD HARMLESS.
The LESSEE shall save harmless the LESSOR for and against all claims for compensatory damages for injury
or loss of property or personal injury or death by the negligent or wrongful act or omission of any employee of
the LESSEE while acting within the scope of his office or employment under circumstances where the
LESSEE, if a privatl~ person, would be liable in accordance with the law of the place where the act or omission
occurred. The forelloing shall not extend to claims based upon acts or omissions of the LESSEE's employees
for which the LESSEE would not be liable under the Federal Tort Claims Act of 1945 (28 USC 2671 et seq.) as
now or hereinafter amended. The LESSOR shall furnish the LESSEE with reasonable notice of any claims
made against the LESSEE.
Attachment A 2