Item G7
FRL.1t1
FAX NO. :
BO'\RD OF COUNI"V CO:\oIMlSSIONF.RS
Ma~. 14 ?a01 1~:4~HM rl
AGENDA nFM SUMMARY
Mcct.ng Datc:.1.:.2.~
Division:
County AdmipistralllT
Bulk ltem: Yes
No x
Department: A lI'1'orts
AGENDA ITEM WORDING:
ApPToval to u~c FAA funding to buyout Hmgar's On I.ease anci relocate the shade h.mgats to
n1iD:imil.e The safelY and ulilizatHln of airport property.
ITEM BACKGROUNn: BOCC a'PprQ\led construction of 32 enclosed hangars on the aiF'J'lort.
El1gineering and consultant r~'icw rev~lcd and FAA agreed that relocating the shade l'lan~ars to the
north lild~ of the airport nla'll:imi,~d the 5tlfoty and taxiway u~ilgC to the nlnW:lY FAA has approved
S134,OOO plus telo~atio" expense (to Dc: determined through :he competitive bid process) for this
project
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PREVIOUS RF..VELANT BOCe AcrIO~: BQCC appro,'ed enclosing rh~ ,;h:lde hangars in 1997
at an estimated cost TO the county of $1 00,000 minimum. The plan was for FDOT to fund the proj\:ct
but rnOT do.:s not have funding .\Vailable for this type of project.
CONTRACT/AGREEMENT CRANGES: Terminate a contr41ct with cOllnty liability nr
approximately $100,000
STAFf 1tECOM~lENl)ATlONS: Approval
TOTAL COS":
COST TO COUNTY:
BUDGETED: Yes
No
None
REVENUE PRODUCING: Yes
No
AMOUNT PEn MO'STH_ Year
APPROVED BV: County AU)' 2- OMB/Purchas\ng _ Risk Man~gemenl__
M^RATHON AJRPORTMANAGER APPROVAl.: ~ Q
_ ~/huC../i.rcsa CrOOk
DIVISION DJRECl'ORAPPROVAL: .-/~
James Robtlrts
Cmmty AdmiIlistriltor
To Follow_Not Rcquired_
AGENDAITRMN '.b 1
--
DOCUMEN'{''' TIO~:
Included 'X
-
DlsrOSITlON:_.
Revised 2'27101
~.d
-v-v9-v-~6a-90e:
U~Wp~ o~ s~~aqc~ 1 sawRr
dtv:21 10 -V! ~RW
o
U.S. Department
of Transportation
Federal Aviation
Administration
ORLANDO AIRPORTS DISTRICT OFFICE
5950 Hazeltine National Dr., Suite 400
Orlanqo, Florida 32822-5024
Phone: (407) 812-6331 Fax: (407) 812-6978
February 23,2001
Ms. Theresa Cook, AA E.
Manager
9400 Overseas Highway
Suite 200
Marathon, Florida 33050
Dear Ms. Cook:
RE: Florida Keys Marathon Airport; Marathon, Florida
AlP No. 3-12-0044-1601
T -Hanger Taxiway Project
Approval of Lease Buyout Appraisal
I am writing in response to your letter dated February 1, 2001, concerning the
referenced subject matter.
Pursuant to your letter and discussions that I have had wit~ your consultant, URS
Corporation, there are four shade hangers leased by Hangers On, Inc. which are
located within the project limits. The appraisal of the lease buyout, as represented in
the report, for the remaining term is $134,000. This appraised buyout amount appears
to be just, reasonable and therefore eligible for federal funding. Federal participation
will be limited to the amount of the lease buyout only and does not extend to the cost of
providing a replacement facifity or the improvements made by the lessee.
If you have any questions or need any additional information feel free to contact me
directly at (407) 812-6331, extension 23.
Sincerely,
Mr:!~ tl. ~~
Program Manager
'.
cc:
Mil Reisert, URS Corporation
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PAR T N E R SIN c~. ~ A TIN G TOM 0 R ROW' S A I R P 0 R T S rt
~~,_V(UU ~u.~v r.~~ JU~~Ul~Ulj
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'URS
Facsimile
Cover Sheet
Date; NOVEMBER 28, 2000
Page 1 of: 1
To: THERESA COOK
FLORIDA KEYS
Firm: MARATHON AIRPORT
From: MIL REISERT
c:c:
Facsimile:
Subject: SPONSOR-OWNED BUll-DINGS
Message: .
THERESA,
HERE'S A BRIEF SUMMARY:
A. A SPONSOR MAY CHOOSE TO EITHER RELOCATE OR DEMOLISH A BUILDING
WHICH Ii OWNS. THE COSTS ASSOCIATED WITH THE DEMOLITION OF THE
BUILDING .AND THE REMOVAL ARE ELIGIBLE, MTNUS ANY 'SAL V AGE V ALlJE.
FOR SPONSOR-OWNED BUlLDINGS WHICH ARE TO BE RELOCATED, THE
FEDERAL SHARE WOULD BE LlMJTED TO THE ESTIMATED COSTS TO DEMOLISH
AND REMOVE THE BUILDING. THE COST TO THE SPONSOR OF EXTINGUISHING
A LEASE FOR THE BUlLDlNG OR THE PARCEL UPON WHICH IT IS LOCATED IS
AN INCIDENTAL COST TO ITS REMOVAL AND JS ALSOiEUGIBLE.
IF ANY ADDITONAL INFOR.J.\4AT10N IS REQUIRED, PLEASE GIVE ME A CALL.
u~s Con;lcraticn
5808 MN 1111\ St"Set. Suite 340
Miami. Florida 33126-2053
Tel: 305.282.7488
Fax: J05~61.4017
www.urseorp.eom
CONFlDENl1AL1TY NOTICE
The infoImalion in d\1II facalmle tranIilmlulan 18 Inllnalld lolely for
thl 1lbIt8d raclpI8l'1t ~ thl. b'antmllllon. If you N1\1e rscelvad 11111 fax
In error, pi.... nollfy the ..nder Immediately by tel.phone. If you
ani nor the ll'lletlded recil'lent. pl.... be 81dvteed thet c1seemir1lltlcn,
d.llibutlon, Or CCl~ of the i1formetlon cortelned In thi8 flue is
strictly prohibited.
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~,.
THIS AGREEMENT Is made by and between Monroe County, a paRtlcal subc:IJvlslon of the
State al florida, Whole addnus Is SOO WhHehead Street, key West. Florida 33040, hereafter
lessar," and Hangers On, Inc.. a Florfda COlporafJon. whose address Is 7900 Gulfstream Blvd"
Marathon. fL 33060. hereafter Lessee arTenant.
t
WIT NESS El H:
L) ~8 parfles mutually agree to cancel and r.escJnd their Lease Agreement enfered Into
on September 21, 1995. with neither party owing any further duty or obRgatlon to the other
under the terms of that 1995 Agreement.
n.) 1. When the Items descrfb!,d In paragraph III are completed. then the Lessor leClSeJ
,of
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_to' the Lessee a parcel of land. and the Improvements on fhe land. at the Marathon Airport.
Marathon, Monroe County. florida. the paree' measuring' ";980 square leet. hereafter the
leased premises or the premises. as shown on Exhlbff A (properly mapJ. exhibit A Is attached to
this Agreement and made a pen of It.
2. . The term of this lease Is twenty 1201 years, be;lnnlng on the day after the date the
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capital Improvements d~crfbttd In paragraph III ant completecl.
3. . The made hClrlgars located on the 'eased premISes described In exhibit A wm
becol}18 the property 01 the Lessor Immediately upon the parties' executIon of this Agreement.
... The Lessor ;n:mta to the Lessee a Heense at keep .Ifs airplanes at the premises'
hangar taCDity In existence on the effective date of this Agreement While the capital
Improvement construction process Is ongoing. The Lauor may raqulr8 fheLessae - to move Its
airplanes when the airplanes' presence would Interfere wfth construction. The lIcense begIns
on the effecffve date of this Agreemenf and ends when the caplfallmprovemenfJ requJred by
paragraph III are Completed and the 'ease begins. The restrlcflons an the lessee's use of the
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.hangar facIIltles set forth In Paragraph IV alsO apply to the Lessee'. use of the faclaffe. under
th eense subpC1TQQraph.
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III~J The lessor must make the following capital Improvements to the leasehold:
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1.) Complete the electrical work described In Monroe County buDding permit No. 96-
2-816;
2.) Enclose the hangcn in order to provide four Independent hangar bays wIth four
electric zero tolerance hIgh fold doors on the south side and four access doors on the north
side with the option for access doors In the hIgh fold doors at the lessee's expense. In
.
enclosing the hangers, the henger feclllty floor space must remain as defined by the outsIde of
the four vertical support posts In existence on the effectIve dete of this Agreement.
3.) Construct fhe pavement necessery for Ingress and egress to the hanger facmfy
""'!
and the pavement necessary to connect the hanger faclllfy to fhe main taxi-way of the
Airport:
4.) Instolf one water line and one meter to the structure and InstaD four hose bibs
(one per hangar bay),.
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IV.} The lessee is responsible for normal and routine maintenance of the hangar facififles,
not fo Include hangar facility repairs or repairs to the surrounding area. If during the term of
.
this lease the hangar facility Is damaged or desfroyed, then the lessor must promptly, and at
no cost to the Lessee. repair or reconstruct the hangar facility, The repair or reconstruction
must be made with the same qualify materials and In the same dImensions as the damaged or
destroyed hangar facility.
V.) The lessee hereby covenants and agrees- to pay the Lessor rent In the emount of 30~
per square foot per year for the leased area fOToa tot~I annual rent of $1,494,00. The rent Is
. 0
payable on a monthly basIs, In advance, In the amount of $124.50. The Lessee may elect to
pay the annual amount, In advance. asa lump sum. The lessee Is also responsfbfe for all safes
taxes. The rent agreed to in this paragraph wRl be adjusted annually in accordance wifh the
"
percentage change In the Consumer Price Index (CPt) for wage earners an~)7erlcal workers In~J
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._ ,"'V" .'
:OUN 1'( H I I URNEY*
TEL:jU~-292-351b
Jun 03,97
14:20 No.OOS P.04
the MlamllFt. Lauderdale. Florida area, and will be based on the annual average CPI"
computation from January 1 to December 31 of the prior year. The parties Qgr88 that the only
,
additIonal cost not Included above Is a potential Increase In fh~ arnount of Insurance.
coverage required by the Lessee. Should the Lessor requre all tenants at the airport. for oood
cause, to mcreas. the amount of Insurance required by the County, luch an addlfloncil
insurance requirement wDl be passed on to the Lessee. Hangars On. Ine. Any such Increase wDl
be In the same pro rata proportion as to the ot"er tenants of the Marafhon AIrport at that time.
VI.) The Lessor hereby covenants and agrees with the Lassee as fonows:
1.) The Lessee has the right to occupy the leased premiSes,
2.) The lessee has reasonable Ingress, egress and access to the leased pi "mlses.
3.) The Lessee may only sublease th~ premises for longer than six months. or assign Its
leaseholeL with the approval of the Lessor's Soard of Counfy Comrnlssloneq. whose approval
may not be unreasonably withheld. The lessee may sublease the hangar facnlfles for six
months or less without. Lessor's Board of County Commissioners' approvaL but subject to
notIfying the Lessor's Marafhon Airport Manager as provided In subparagraph VUl5J.
4.) The Lessee, on keeping the Covenants and obligations contained In this
Agreement, has the quiet and peaceful enjoyment of the leased premises during the term of
this lease WIthout any Interruptions by the Lessor or by any person(s) claimIng through or under
the Lessor.
~
VII.) The Lessee hereby covenants wfth the Leslor:
I
1.) To pay the Lessor the rent at the tImes and In the manner provided' for by this
lease.
2.) No mortgage. 'len. or encumbrance of any klnd may be placed on the leased
premises. inClUding the hangar tacllffles.
glf
... .,
~
COUNTY ATTORNEY*
TEL:30S-292-3S16
Jun 03,97
14:20 No.OOS P.OS
3.) No modlflcatlon(s) to the hongar facmtles may be made until the mOdlflcatlon(s, ..
are approved by the Lessor's Marathon AIrport Manager.
,
4.) The hangar focmtles may only be used for the following:
a.) The housing of afrplanes not used In commercial service or otherwfse used
In competition with any service offered for a fee by the Marathon Airport
FBO. other than the rental of hangar space:
b.) The proViding of ~crre. repair and molntenance of only those airplanes
ihoused at the hangar faclUtle~. No other use of the hangar faclDfles may be
undertaken by the Lessee without the approval of t he Lessor's Boord of
County CommissiOner$;
c.) The temporary parking of automobfles.
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S.} The Lessee wDl provide the Lessor's Marathon Airport Manager wfth a list of the
hangar faclUty occupants, and theIr aircraft. that ore approved by the Less.... An updated Dst
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must be provIded the AIrport Manager within five 15) days from when em occupant or aircraft Is
changed. .-
6.} No fmproJ;?er or unlawful or offensive use may be made of the leased premises.
7.) Lessee must permit the Lessor or Its agents to Ins~ct the leased premfJes at all
reasonable times for the purpose of viewing the condlflon of !he premises.
8.) The Lessee muli obtain and pay for wafer and electrfcal.rv'c" to the premises
In Its own r.ame.
9.J The Lessee covenants and agre~s to indemnify and hold harmless the lessor from
any and all claims for bodily injury "ncluding death), personal Injury. and property damage
!. .
(Including property owned by Monroe County) and any other losses, damages and expenses
I
(InclUding attorney's. feesl which arile out of, In connection with, or by r&aron of services
provided by the Lessee or any of Its contractors~ occasioned by the negligence. 8rrort or other
wrongful act or omission of the Lessee or Its contraetorCsJ. their ernployees or agents. ThIs
obUgatlon of Indemnlficatlon Is not vitiated by the Insurance obligations contained In
paragraph 10 end Emlbft B.
(1)0' .'
RIP
A
*COUN1Y ATTORNEY*
TEL:30S-292-3516
Jun 03,97
14:21 No.OOS P.06
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10.' Regardl_ of the effecffve elate of this Agreemsnt. the L-. lIUIy not oCCUpy .
the PRmlIsea. under e"her the license or the Ie..... unfIIlf has obtolnecl the Inouronae reqUIred
,
by ExhIbIt 8 and Il<Oduced adequate PlOOf of such Inouronae to the Countv's Dlntclor of RIlle .
Management. ExhIblt B Is attached to fhls leOle agreement and m~de part of ft.
11.,' At the expftatfon of the Ienn of the lease. fhe lessee will qu/efly and peaceabfii
deliver up possession of the leasea premises to the lessor.
.
VIII.) 1., ThIs lea.e may be canceled at the dlscretlon of the Lessor ff:
a.1 Lessee falls to timely pay the rent:
b.) Lessee falls to obtain the Insurance I8Quired under this Agreement within
thfrty (301 days of the effective date of this. Agreement' or allows the
required Insurance coverage to lapse or fall below the mInimum required;
or
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.~., c.) Lessee otherWise breaches the temu of fhls feOle agreement.
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2., The Lessor may also cancel this lease ff the leased premises are required to
accommodate tutu... development at the Marafhon AIrport or for any other reason
determined by the FAA or the lellOl'. L.or. If It delermrnes 10 cancel the lease under tllb
paragraph, must provide the lessee with thirty (30) days written notIce before the cancellation
becomes effective. Lessee must then abanc:fon and qu/efly and peaceClbJy deliver up the
-.
POsteuion of fhe leased premises. If Lessor cancels the lease agreement under this paragraph.
. .
llllSOr wi! not be liable 10 lessee for .any ctcenages - dhct or OOI1I8C1Wnl1cl1- .suffered by the
l_ CD the I8IUlt of the cancellation. However. If the I.euar 8XBlcIses Its rlght 10 canciellhe
'8...e under this subpCII'agI'llph, the I.essor must ~.; the I.eIsee with IUbsIItute hcmQ<ll'
facUlties that are slmUar to the facmfies furnished under this lease.
IX.' !he Ie",,"t for himself. hb p.I1CnCIl ~tatIves. IUCCBSSors In /nNnqf. and cmlgnr,
.
QS Part of the consideraflon heMof. do.. h8I8by COVencIIlt and CICIIft thai: "'1\0 penaII on
. . ."
the I/lDUnds 01 race. color. or noIfonol otIg/n shall be 8JCCfuded ""'" partfclpafl"" In. denied
/Jill)
~COUNTY ATTORNEY*
~
TEL:30S-292-3S16
Jun 03,97
14:21 No.OOS P.07
the benefits of, or be otherwIse subjected to discrimination In the use of said facnltles: (2) that ..
In the construction of any Improvements on. over or under such land and the fumllhlng of
I
Jervloes thereon, no person on the grounds of race. color or national orfgln shall be excluded .
from participation In, denied the benefits of. or be otherwise subjected to cllscrlmlnatlon:
(3) that the tenant shall use the premJaes In compliance with all other requirements Imposed by
or pursuant to ntle 49. Code of Federal Regulatlons. Department of Transportation. Subtitle A.
.
Office of the Secretary. Part 21, NondiscrimInation In FederaDy-asslsted programs of the
Department of Transportation - Effectuation of ntle VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
'""'!
That In the evenf of breach of any of the above non-discrimInation covenants, Airport
t." r ...
Owner shan hove the right to terminate me lease and to re-enter and as If said lease hCld never
been made or Issued. The provision shall nof be effective until the procedut'8S"of ntl. 49, Code
of Federal" Regulations. Part 21. are followed and completed Including exercise or expiration of
. ".
appeal rights.
x.) It .hall be a condition of this lease, thai the Lessor reserves unto Itself. Its successors
and emJ;ns, for the use and benefit of the pubDc, a right of flight for the passage of aircraft In
the a~ace above the surface of the real property hereinafter described. together with the
right to cause In said airspace such noise as may be Inherent In the operation of aircraft, now
,
. "
known or hereafter used, for navigation of or fllaht In the said airspace, ancI for use af said
airspace for landing on, taking off from or operating on the airport.
" .
That the tenant expnusly agrees for Itself, Ifs sUccessors and assigns. to rasfrtct the height of
structures, objects of natural growth ~d other o~stru~tJons on the ~relnafter described RIal
property to such a height so as to comply with Federal Aviation Regulations, Part 17,
That the Lessee expressly agrees for Itself, Its successors and assigns, to prevent any use of
1
the hereinafter d8scrtbed real property which should Interfere with or adversely affect t
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opercrtlon or maintenance of the airport, or otherwise constitute an airport haz~.
() tllJ
~LUUN[T HIIORNEY*
TEL:30S-292-3S16
Jun 03,97
14:21 No.OOS P.OS
"-
XI.) This lease and all provisions hereof are SUbject and subordinate to the terms and
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condlflons of the Instruments and documents under which the AIrport Owner aCQuired the
subject property from the United States of America. and shall be given only luch effect as will
not confflct or. be inconsistent with the terms and conditIons contained In the feat. of said-
lands from the Airport Owner, and any existing or subsequent amendments thereto and are
subject to any ordinanceJ, rules or' regulations which hove been . or may hereafter be
adopted by the Airport Owner pertaining to the Marathon AIrport.
XII.) Notwfthstandlng anything herein contained that may be. or appear to be. to the ~
contrary, It Is expressly understood and Clgl'8ed that the rights granted under. this agreement
are nonexclusive and the Lessor herein reserves the right to grant similar prfvDsQes to another
\
lessee or other lessees on other parts of the Airport.
XIII.)ThJs lease agreement Is between the LlUSor and the Lessee only. Nothing In this lease
mgy CAlate a contractual relationship wfth. or any rights In favor of. any third party.
XIV.) this lease agreement has been ccnfully ravlewed by both the Lessee and the
Lessor. Therefore. this lease Is not to be construed agaInst any party on the basis of authorship.
XV.) This lease agreement rapl1ll8n~ the partl.' final and mutual undentandlng. It
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replaces any earler agrvemenfs or understandings. Whether wrfttsn or oraJ. this I~as. cannot
.
be moclffled or replaced except by another signed lease or lease amendment.
., ."
a~~
*COUNTY ATTORNEY*
TEL:305-292-3516
Jun 03,97 14:~3 No.OOS P.09
I
XVI.) Nothing In this lease should be read as modifying the appDcable statute of ..
limitations. The waiver of the breach of any obUgaflon of this lease does not waive another
,
breach of that or any other obligation.
XVII.' "This 'ease takes effect on the date of the signature of the last party to sign.
IN WITNESS WHEREOF, each party hereto has caused this agreement to be executed In
.
dupDcate by Its duly authorized representative.
"to!
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
. ..
Date: 0(0- \ ~- ~..,
(CORPORATE SEAL)
ATTEST:
~()ts~~ ..
Date: G- S-cr7
~IN~
By, ~/ ~./
PresIdent . / .
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~Prfnt e". J,r./- L, ::J
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I n I . 'Obert-.F, 'Q.P:: q
~~R:?g:
DAT! · ..
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aalc~a'02
*COUNrY ATTORNEV*
,
TEL:30S-292-3S16
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Jun 03,97 14:2S No.OOS P.12
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