Loading...
04/16/2008 LeaseDANNY.L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: April21, 2008 TO: Reggie Paros, Director Housing & Community Development Florida Keys Marathon Airport Manager ATTN. Stacy De Vane, Executive Assistant FROM: Pamela G. Hand Deputy Clerk At the April 16, 2008, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Land Lease between Monroe County and ITT Corporation to lease a parcel of land at the Florida Keys Marathon Airport for use as an aeronautical equipment site. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File / LAND LEASE Lease Number: Facility: ADS-B Radio Station Site Location: Florida Keys Marathon Airport LEASE Between Monroe County Board of County Commissioners and ITT Corporation THIS LEASE, made and entered into this 16th day of April in the year 2008, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, Florida 33040, hereinafter referred to as the Lessor, and ITT Corporation, whose address is12975 Worldgate Drive, Herndon, Virginia 20170, hereinafter referred to as ITT. WHEREAS, the parties understand and agree that this agreement is taken in support of FAA Contract DTFAWA-07-C-00067, issued to ITT on August 30, 2007. 1. PREMISES The Lessor hereby leases to ITT a parcel of land located at the Florida Keys Marathon Airport, as described in Exhibit "A" attached hereto and incorporated herein. The premises are leased to the Lessee for the sole purpose of constructing a 20x20 foot fenced compound containing an ADS-B radio shelter equipment cabinet and an emergency power propane generator with fuel tank set on concrete equipment pads, and a 50 foot high monopole tower structure constructed of steel with a concrete foundation. (a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and maintaining electric power and telecommunication lines to the premises; and unless herein described otherwise, to be by routes reasonably determined and agreed by the parties. INTIALS_ Lessor ITT Page 1 (b) And the right to make alterations to the premises to support the ITT radio site equipment, after concurrence by the Lessor as to the site design details prior to start of construction and prior to any alterations during the life of this lease. 2. PUBLIC UTILITIES ITT is responsible for the provision of any and all required electrical power and/or telecommunications services to the leased site for the term of this lease. The Lessor is not responsible to provide any type of public utilities at or on the leased site. 3. TERM To have and to hold said premises with their appurtenances for the term beginning at the date of this lease agreement, subject to renewal rights, as may be hereafter set forth. 4. CONSIDERATION ITT shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed that the rights extended to ITT herein are in consideration of the obligations assumed by ITT in its establishment, operation and maintenance of the ADS-B radio station facilities upon the premises hereby leased and that the premises shall be used solely in support of the ADS-B program under FAA contract DTFAWA-07-C-00067, issued to ITT on August 30, 2007. 5. RENEWAL This lease may be renewed at the option of ITT from year to year upon the terms and conditions herein specified. ITT's option shall be deemed exercised and the lease renewed each year for one (1) year unless ITT gives the Lessor thirty (30) days written 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 September 30, 2025. 6. RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, ITT shall restore the property which is the subject matter of this lease including removal of structures, equipment, and fencing but excluding foundations and subsurface ducting, cables, and grounding systems. INTIALS Lessor ITT Page 2 7. INTERFERENCE WITH RADIO SITE OPERATIONS The lessor agrees not to erect or allow to be erected any structure or obstruction on the site or adjioining land within the airport boundaries that interferes with the proper operation of the facilities installed by ITT under the terms of this Lease, unless subsequently agreed on a case by case basis by both parties. ITT shall support the Lessor in the evaluation of potential interference issues. FAA approval shall be required if any potential interference results in potential limitations in radio station performance within the NAS. 8. HAZARDOUS SUBSTANCE ITT agrees to remediate, at its sole cost, all hazardous substance contamination on the leased premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of ITT's facilities. The Lessor agrees to save and hold ITT harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on the leased premises not directly attributable to the installation, operation and/or maintenance of ITT's facilities. 9. QUIET ENJOYMENT The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and warrants and covenants to defend ITT's use and enjoyment of said premises against third party claims. 10. CONTRACT DISPUTES This Agreement shall be governed by the laws of the State of Florida, with the exception of its choice of law provisions. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remaining provisions of this Agreement shall remain in full force and effect. 11. SUCCESSORS INTIA The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs, executors, administrators, successors, and assigns. The: terms and provisions of this lease and the conditions herein bind ITT and ITT's heirs, executors, administrators, successors, and assigns. Lessor ITT Page 3 12. 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). TO LESSOR: Airport Manager Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 To ITT: ITT Corporation 12975 Worldgate Drive Herndon, Virginia 20170 Attention: ADS-B Subcontracts Department, Mr. Jaye Seay IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as the date above written. Monroe County BY Charles Sonny" McCoy ITr CORPORATION Mayor. APR 1 6 2008 (official title) (date) N O , !/A4A17 (official title) (date) Lessor ITT Page 4 U EXHIBIT "A" (1 of 5) GE LINE SUE,VEYING, INC. FAA TOWER CERTIFICATION Date: February 08, 2009 Re: Marathon Airport site Proposed Tower Monroe County, Florida 1 hereby certify that the following Latitude and Longitude values for the center of the above - referenced tower are accurate to within +/- 15 feet horizontally; and that the following tower site elevation is accurate to within +/- 3 feet vertically. NAD 83 Latitude: 24" 43' 44.66" N. Longitude: 81 ° 02' 22.73" W. NAD 27 Latitude: 240 43' 43.15" N. Longitude: 81° 02' 23.47" W. Ground elevation at base of tower: 3.4 Feet NAVD88 4.8 Feet NGVD29 GeoLine Surveying, Inc. David G. Short, P.S.M Florida Professional Surveyor and Mapper Certificate of Registration No. 5022 13430-A NW 104th Terrace • Alachua, Florida 32615 • TO: 386-4 18-0500 • Far. 336-462-9986 • www.geolineine.com /� «IUA1mtT IIIN.T O[TK • rr.rT,,,._mr Pa T PARU1 /i p ar,n�A r,•�m m lm, yy�a000e }°' .. EXHIBIT "A" (2 of 5) BOUNDARY AND TOPOGRAPHIC SURVEY M 1[CjW QC lOM! M lOUM IGNpC SS WT YOIR.Z WWT', t.01AA r Ye O.A« CauvWv�,lfdli FiilrJl.. e.0 PROPERTY DESCRtPYMS •YOY# <« ao nm R*, M.4 ,Kw1x ttYm• w],T�nm g e .o.« umv um rm nm rrct ,wn w+, 9j n>a wr ry xim rm n r.o wr v ra+w a«,ww .ao nv+e me .or a ux rr .oe .orsa rvn uwm rww* <s•a . vim.. aw w. I.EGENO `w'6m,o,.i. c'aaa a uo w<• ram sr.a wv nra voui u ,oc w _ wvTv rn .v. ,.n srw w«v ,a++�r an w o Q .auas vwm roe a«„rc AM m,.< rm. •aa a ,xv. � .ucrm ,.m.Arl roAo pd .ocara sso w< rz..a •\ w ,rtw, \ l \ a � l OVERSEAS 4GHWAY U.S. V".AY Na 1 SURVEYOR`S NOTES ASPHALT ROAD _ _ ��._ .. <� «..c.•a: „�„,v, , err+c• ,oaa ,< Rw.ao m a< +Paco n.<s v s v.o, vu,•« rar.,a rrm.oT• • wn+a x< •w«o•, w v •< .w., ..w-as. wvcTar 149.-P0..O VNIO a• rrOilWrn .d.[ > •U'uK w a,r — 6 WY iau.� oavl a w:x'.awrva wane . omn,r ..,r a.+.ra+s .n m •a.<. aTa.. ,«.a. w awe a w•,�"�� a <mrvmc.a..w w+o .c. w .om lruilc+n ..e mra.•aws wrzo rw..* a wr / - .r.ara• + •,r ia:o*av wvrs++r ..rr n...<...r ,..r /..w• ���;u:: •:dam :; G EQL I N E r..•A •awT.._.... Sun, L PING, INC. M OeW.MN uFvwT.+Y WRa l� i[t>7�V �4� fo�Ai }0/rc,�ir. P K w~�•w a uR w.W ru Wwot }}tt W 61YM j w I.M. •{ i•Y �Ny2tlf➢ w« mm MU RIT rp N[ ,pp,K[J m M( lm )/N/m .< rwrc, nvpry r « iw�jaa.< fot , rn! I nOS Mr 'M•. [ W M1KO fJI'�1gI. K+{Ta•m W[a R T•.n ud T �A,.««T WY a• mw.,. RT S �sMOKWX z v n�a o vim. urci � ♦r 141tA7HOR IDPORf RIS YOR110i COUNT. MUM f '� "'.w�„•t rruietm w e. u.�a. v.ur .a, r ncv. uo< ,Par i l lip, EXHIBIT "A" (3 of 5) PROPERTY UNE (TYP.) \ PROPOSED SBS 20'-O'X20'-0' COMPOUND/FENCED AREA PROPOSED SBS 50'-0' HIGH MONOPOLE ASPHALT ACCESS ROAD ONE STORY METAL BUILOING (AIRPLANE MAINTENANCE HANGER) 'EXISTING SWING .•'' GATES \ARCO EXISTING CONCRETE PAD - \ 1\ \ Fj_ff•`- FOR KEY PAD ON METAL POST \ \ ECHAJNNLGINK FENCE \ \ EXISTING 58.3'-O'v2'-0' DWAETER METAL \ POLE WITH AIRPORT BEACON LIGHT WATER TREATMENT—"' EXISTING 2 CONCRETE AREA BOLLARDS AND KEYPAD r EXISTING ELECTRIC TRANSFORMER ON UTILITY POLE y COSTING ASPHALT - EXISTING 6'-0* H. \\ ACCESS ROAD CHAINUNK FENCE \ I OM 00 OVOSEAS HIGHWAY U.S. HIGHWAY NO. 1 ASPHALT ROAD - EXISTING ONE STORY CONCRETE BLOCK BUILDING EXISTING ON BLOCK BUILDING STORY CONCRETE EL l F '\ ^ \--EXISTING ONE STORY \ CONCRETE BLOCK BUILDING ASPHALT \ AREA � ib NORTF I/JL = _V oe.+.lo mu: w: D LEASE EOINiBR aWsoN 5EwmE"*ta� w 1�ORRISOfY MARATHON AIRPORT maE aw"'. ovae/oe 'S �«» °"A"NfY 3St HERSHFIELD .rl�'ii'd SV 168-02 OCatGlCD OT'. PC Two South UnNersrty Ddve, Suite 245, Ponlabi , FL 33321 CCM4UNICATIO.'!5 CkCUP WE .ocovsr a+^. -- i Tel: 954 577,4655 Far. 954 577 4656 U 331 S. PINEAPPLE AVE. %W W' of a 0 Slate of Florida COO 00008508 SARASOTA, FL 34236 U www.namwnhenshTrelo.wm anc rTE[ Ka 7080009_10 EXHIBIT "A" (4 of S) PROPOSED CPS ANTENNA PROPOSED CABLE BRIDGE N' I a PROPOSED SBS EQUIPMENT - - CABINET ON RAISED {o CONCRETE PAD y� PROPOSED 20'—O'X2O'—O' COMPOUND/FENCED AREA / PROPOSED SBS DIESEL GENERATOR W/ SUB —BASE � DIESEL TANK VL r PROPOSED 8'-0'— WIDE TWO —LEAF SWING GATES— PROPOSED— H—FRAME S 1 1 1 a z IVIORR[SON HERSHFIELE) d1I1's''i Two South University 00". Suite 245, P'aniation, FL 33324 Tel: 954,577. 4855 Fax: 954. 577.4656 State of Florida COO 00008508 www.momsonhershr�10.tom CCVVUNICATICNS CQCt1P U 331 S. PINEAPPLE AVE. SARASOTA, FL 34236 1 x— X— X— x— x— PROPOSED SBS 50'-0' HIGH MONOPOLE TOWER TO NEST SBS ANTENNAS i g—, LEASE EXHIBIT MARATHON AIRPORT SV 168-02 vrc 1 NORTH rrtsa+ M: D Am SUM. 01/0e/0e iG1L AS �APP..'C�-- 9QT 1rta mH W H,- 7080009_10 EXHIBIT "A" (5 of 5) tr 3 NOTrTO SCALE PROPOSED SBS ANTENNAS (TOTAL OF 7) PROPOSED SBS 50'-0" H. MONOPOLE TOWER TO NEST SBS ANTENNAS - FAA APPROVED OBSTRUCTION LIGHTING PROPOSED SBS DIESEL GENERATOR PROPOSED SBS EQUIPMENT CABINETS AND GENERATOR ON RAISED CONC. SLAB (BEYOND) PROPOSED SBS CPS ANTENNA PROPOSED CABLE BRIDGE PROPOSED 8'-0' H. CHAIN LINK FENCE TO MATCH EXISTING PROPOSED H-FRAME - 11 I— EXISTING GRADE z MORRISON HERSHPIELD 5 :0 Two Soulh U—..Ay D". Su4e 245. Plwt&Wk . FL 333..4 w C(WUUNICATIONS CROUP N Iei 954. 577.4655 F—H54677.4656 Z 331 S. PINEAPPLE AVE. p EWe of Fbdde COO 0000E508 u SARASOrA, FL 34236 MAWWD Mt LEASE EXHIBIT lVWQN 4' D :,nr N.�L A+w M,Neca MARATHON AIRPORT as asuco o ; e oe _� SV 168-02 "v S.0- wa.N BY D(Sf,N[D R Nf, SMCV N• ) of 1 APP MD �. uNC FILL Na. 7080000_I0