07/19/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 18, 2008
TO:
Suzanne A. Hutton
County Attorney
FROM:
Kathy M Peters
Executive Assistant
Pamela G. Hanc~.
A TTN:
At the July 19, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following: I) Memorandum of Understanding, 2)
Declaration of Non-exclusive Irrevocable Easement, 3) Ground Lease Agreement, and 4)
Memorandum of Lease with the City of Marathon (hereafter "City") for the installation of the
City's force main sewer line along the Florida Keys Marathon Airport (hereafter "FKMAP)
utility easement; conditioned upon approval by the Federal Aviation Administration (hereafter
"F AA") and review and acceptance by Monroe County Engineering of the Easement Parcel
Survey to be provided.
Enclosed are three duplicate originals of the above-mentioned, that was just received by
this office for execution, for your handling. Should you have any questions, please feel free to
contact our office.
cc: Finance
File ./
GROUND LEASE
AGREEMENT
BETWEEN
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("BOCC"),
a political subdivision ofthe State of Florida
("Landlord")
AND
THE CITY OF MARATIION,
a Florida municipal corporation
("Tenant")
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Dated: July 19,2007
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GROUND LEASE AGREEMENT
THIS GROUND LEASE AGREEMENT (the "Lease") entered into as of the 19th day of
July, 2007 (the "Effective Date"), between the MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ("BOCC"), a political subdivision of the State of Florida, (the "Landlord"),
and the CITY OF MARATHON, a Florida municipal corporation ("Tenanf').
RECITALS:
WHEREAS, the Tenant desires to cause to be constructed a central sewerage system to serve
the residents and businesses of the City of Marathon (the "City"); and
WHEREAS, the Landlord owns that certain property located in the City more particularly
described in Exhibit "A" attached hereto and made a part hereof (the "Memorandum of Ground
Lease"); and
WHEREAS, the Leased Premises are suitable for the City to cause to be constructed a Lift
Station for the sewer force main; and
WHEREAS, the Tenant desires to lease the Leased Premises from the Landlord and the
Landlord desires to lease the Leased Premises to the Tenant; and
WHEREAS, the Tenant and Landlord have entered into a Memorandum of Understanding,
(attached hereto as Exhibit "B''j, waiving sewer development and connection fees for the Florida
Keys Marathon Airport Terminal and all Airport Tenants located at the Airport in exchange for a
nominal lease rental fee: and
WHEREAS, the Landlord, as grantor, desires to grant an easement to the Tenant, as the
grantee, in the form of a Declaration of Non-Exclusive Irrevocable Easement (the "Easement")
attached hereto as Exhibit "A" to the Memorandum of Understanding (attached hereto as Exhibit
"B''j and made a material part hereof, in order for the Tenant to have access from the Leased
Premises to U.S. Highway 1.
LEASE:
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, and intending to be legally bound hereby, the parties hereto do hereby
covenant, represent, warrant and agree as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
2. Definitions. The following terms for purposes of this Agreement shall have the
following meanings:
(a) "Annual Base Rent." "Annual Base Rent" means and refers to the Annual
Base Rent set forth in paragraph 4(a) hereof
(b) "Commencement Date." The Commencement Date shall be the date this
Agreement is last executed by both parties.
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(c) "Easement." That Easement, the form of which, a "Declaration of Non-
Exclusive Irrevocable Easement" (the "Easement"), is attached hereto as Exhibit A to the
Memorandum of Understanding (attached hereto as Exhibit B) and incorporated herein by
this reference.
(d) "Easement Parcel." The Easement Parcel is that certain real property situated
in Monroe County, State of Florida, legally described in the "Declaration of Non-Exclusive
Irrevocable Easement" (the "Easement") which is attached hereto as Exhibit A to the
Memorandum of Understanding (attached hereto as Exhibit B) and incorporated herein by
this reference.
(e) "Leased Premises." The Leased Premises is that certain real property situated
in Monroe County, State of Florida, legally described in Exhibit "A" (the "Memorandum of
Ground Lease"), attached hereto and incorporated herein by this reference, together with all
easements and rights of way pertaining thereto.
(f) "Lease Year." A "Lease Year" means the twelve (12) month period beginning
on the Commencement Date and each twelve-month period thereafter throughout the term of
this Agreement.
(g) "Operating Expenses." "Operating Expenses" means and refers to all ordinary
and necessary operating expenses (including those replacement and maintenance reserves or
accruals required by generally accepted accounting principles) as well as those other reserves
and accruals that are required to operate, maintain, and keep the Lift Station in a safe, efficient
and orderly condition.
(h) "Lift Station". The term "Lift Station" means that wastewater treatment
facility, along with related improvements and necessary on-site infrastructure to be
constructed on the Leased Premises.
(i) "State." The term "State" shall mean the State of Florida, unless clearly
indicated otherwise.
3. Grant. Landlord hereby conveys and leases to the Tenant, and the Tenant hereby
accepts and leases from Landlord, the Leased Premises, together with all easements and
rights-of-way pertaining thereto, to have and to hold the Leased Premises unto the Tenant for
and during the Term set forth hereafter.
4. Term. This Lease term shall commence on the Commencement Date and continue
until the date which is ninety-nine (99) years after the Commencement Date, and any
extension thereof, unless this Lease is terminated earlier pursuant to the provisions contained
herein.
5. Ground Rent. Tenant covenants and agrees to pay Landlord Ground Rent as follows:
(a) Annual Base Rent. Tenant shall pay to Landlord Annual Base Rent throughout
the term of this Agreement beginning on the Commencement Date, in the amount of One
Dollar ($1.00) per Lease Year or partial Lease Year if the Agreement is terminated during a
Lease Year. Tenant shall also pay to Landlord said Annual Base Rent on the first day the
thirteenth (13th) month following the Commencement Date and on the first day of each twelve
(12) months thereafter throughout the term of this Agreement without notice or demand. The
Annual Base Rent shall not be adjusted at any time during the term.
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(b) Additional Rent. It is the intention of Landlord and Tenant that Landlord shall
receive the Annual Base Rent free from all taxes, charges, expenses, costs and deductions of
every description, and as such, the Tenant hereby agrees to pay for all items which would
have been chargeable against the Plant and payable by the Landlord (except for the execution
and delivery of this Lease), as "Additional Rent."
(c) Waiver of Connection Fees. In exchange for the nominal Annual Base Rent,
Tenant agrees to waive the sewer development and connection fees for the Florida Keys
Marathon Airport Terminal. Tenant also agrees to waive the sewer development and
connection fees for all Florida Keys Marathon Airport tenants located on the Airport as of the
effective date of this Lease.
6. Landlord's Representations and Warranties. The Landlord hereby represents and
warrants to the Tenant as follows:
(a) Title. The Landlord owns fee simple, good, marketable and insurable title to
the Leased Premises. There are no mortgages or security agreements encumbering or
otherwise affecting the Leased Premises.
(b) Authoritv and ApOfovals. The Landlord: (i) has full right, power and authority
to make, execute, deliver and perform its obligations under this Agreement; (ii) has obtained
and received all required and necessary consents and approvals to enter into this Agreement
with the Tenant; and (iii) by entering into this Lease with the Tenant and the performance of
all of the terms, provisions and conditions contained herein, does not and will not violate or
cause a breach or default under any agreement or obligation to which the Landlord is a party
or by which it is bound.
(c) Binding Obligation. This Lease has been duly and validly executed and
delivered by the Landlord and constitutes a legal, valid and binding obligation of the
Landlord, Landlord's legal representatives, successors, and assigns, enforceable in accordance
with its terms.
7. Tenant's Representations and Warranties. The Tenant hereby warrants and represents
to the Landlord as follows:
(a) Existence. The Tenant is a body corporate and politic existing under the laws
of the State.
(b) Authoritv and Approvals. Subject to the approval of the City Council of the
Tenant, which approval shall be evidenced by a resolution, duly adopted by the City Council,
this Lease will constitute a legal, valid and binding obligation of the Tenant, Tenant's legal
representatives, successors, and assigns, enforceable in accordance with its terms.
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8. Insurance.
a. Tenant shall maintain a commercial general liability insurance policy in
connection to and related to this Agreement in an amount of not less than One
Million Dollars ($1,000,000.00) and Tenant shall cause the Landlord to be named
as an additional insured under said policy. Such insurance policy shall be issued by
an insurance company authorized to do business in the State of Florida and in good
standing in Florida. An insurance certificate evidencing such insurance coverage
and that Landlord is named as an additional insured shall be delivered to Landlord
within five (5) business days from the Effective Date.
9. Indemnification. Notwithstanding any mll11mUm insurance requirements
prescribed elsewhere in this agreement, Tenant shall defend, indemnify and hold the Landlord
and the Landlord's elected and appointed officers and employees harmless from and against
(i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings,
appellate proceedings, or other proceedings relating to any type of injury (including death),
loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including,
without limitation, costs that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection with
a violation of any federal law or regulation, attorney's fees and costs, court costs, fines and
penalties) that may be asserted against, initiated with respect to, or sustained by, any
indemnified party by reason of, or in connection with, (A) any activity of Tenant or any of its
employees, agents, contractors or other invitees during the term of this lease, (8) the gross
negligence or willful misconduct of Tenant or any of its employees, agents, contractors or
other invitees, or (C) Tenant's default in respect of any of the obligations that it undertakes
under the terms of this lease, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or willful acts or sole
negligent acts or omissions of the Landlord or any of its employees, agents, contractors or
invitees (other than Tenant), in which event the Landlord shall defend, indemnify and hold
Tenant harmless. Insofar as the claims, actions, causes of action, litigation, proceedings, costs
or expenses relate to events or circumstances that occur during the term of this Lease, this
Section will survive the expiration of the term of this lease or any earlier termination of this
lease.
10. Taxes. Tenant shall be responsible for the payment of all real estate taxes and special
assessments, if any charged by an appropriate governmental taxing authority with respect to
the Leased Premises.
11. Utilities. The Tenant shall pay all utilities used, provided or supplied to the Leased
Premises.
12. Termination.
a) The Tenant may terminate this Lease at any time provided that Tenant gives
Landlord one-year prior written notice. Upon such termination, neither party will
have any rights or obligations created under the Lease.
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b) The Landlord may terminate this Lease at the Landlord's reasonable discretion if
tennination is required to accommodate future airport growth or due to F.A.A
requirements. Landlord shall provide Tenant no less than 180 days notice and
Landlord shall at the Landlord's sole cost and expense, and without service
interruption, relocate the Lift Station and the force main to a location on the
Airport property in accordance with the Florida Keys Marathon Airport ALP and
connect same to the force main and the Easement Parcel.
13. Automatic Termination. At such time as the Tenant removes the Lift Station from the
Leased Premises or the Leased Premises are no longer used by the Tenant for placement of a
Lift Station or the Lift Station is no longer operational which does not include the time the
Lift Station is down for repair and/or replacement, this Lease shall terminate automatically
without further action of Landlord and Tenant will quietly and peaceably deliver up
possession of the Leased Premises within 30 days. Tenant shall remove all remaining
equipment from the Leased Premises within said 30 days.
14. Grant of Easement. The Landlord, as grantor, grants to the Tenant as the grantee a
non-exclusive irrevocable easement on and across the Easement Parcel, as set forth in the
Declaration of Non-Exclusive ["evocable Easement (the "Easement") attached hereto as
Exhibit "An to the Memorandum of Understanding (attached hereto as Exhibit "B") and
made a material part hereof Landlord agrees that the Easement shall be recorded in the
public records of Monroe County, Florida.
15. Assignment of Lease bv Tenant. Subject to obtaining written approval of the
Landlord, which approval shall neither be unreasonably withheld nor delayed, the Tenant may
assign, conveyor transfer its interests in this Lease to a third party.
16. Assignment of Lease bv Landlord. The Landlord shall provide written notice to the
Tenant prior to assigning this Lease and the assignee shall assume all obligations of the
Landlord under this Lease. The Tenant hereby agrees to attorn to Landlord's assignee and to
continue to comply with all of the obligations, covenants, conditions of the Tenant under this
Lease throughout the remainder of the tenn of this Lease, provided assignee shall assume and
agree to be bound by the tenns of the Lease.
17. Default by Tenant. The following shall constitute an Event of Default hereunder:
a. failure of Tenant to pay any Annual Base Rent, Additional Rent or charge due
hereunder and such default continues for ten (10) days after written notice from
Landlord; or
b. failure of Tenant to comply with the material terms, conditions or covenants of this
Lease which the Tenant is required to observe or perfonn and such default
continues for a period of thirty (30) days after written notice from Landlord, unless
greater time is required to cure the default, in which event, as long as the Tenant
has commenced to cure the default within fifteen (15) days of notice from the
Landlord and continues to work to cure said default, then the time to cure shall be
extended until the work to cure the default has been completed.
c. failure of Tenant to use the Leased Premises for the purpose outlined in this Lease.
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18. Quiet Possession. The Tenant shall and may peaceably and quietly have, hold and
enjoy the Leased Premises during the term hereof provided that the Tenant pays the Rent and
performs all the covenants and conditions of this Lease that the Tenant is required to perform.
19. Compliance with Law.
a. The Tenant agrees to comply with all applicable laws, ordinances, and regulations
now in effect or enacted hereafter related to the use or occupancy of all or any part
of the Leased Premises at all times during the Term of this Lease.
b. The Tenant shall obtain or cause to be obtained all necessary licenses, permits and
inspections required to operate the Lift Station. To the extent required, the
Landlord shall cooperate with the Tenant in a commercially reasonable fashion to
help the Tenant obtain all necessary licenses, permits and inspections required to
operate the Lift Station provided that the costs of obtaining such licenses, permits
and inspection are paid by the Tenant.
20. Mechanic's Liens.
a. At all times during the Term of this Lease, the Tenant agrees to keep the Leased
Premises free of mechanics liens, materialmen's liens, and other similar type of
liens arising from Tenant's occupancy of the Leased Premises; and the Tenant
agrees to indenmify and hold the Landlord harmless from and against any and all
claims and expenses related thereto, including all attorney's fees, and other costs
and expenses incurred by the Landlord on account of any such claim or lien.
b. Within ten (10) business days of the Landlord delivering notice to the Tenant that
a lien has been recorded against the Leased Premises on account of labor or
material furnished in connection with the Tenant's development of the Leased
Premises, the Tenant shall either (i) discharge the lien recorded against the Leased
Premises, or (ii) post a bond with the clerk of court of competent jurisdiction with
instructions to apply the sum towards payment of the lien if it is upheld upon final
judgment or return the bond to the Tenant if the lien is discharged. The Landlord
may discharge the lien by paying the amount of the claim due or posting a bond
with the clerk of court if the Tenant fails to do so within the time required under
this Agreement. The Tenant shall reimburse the Landlord the costs incurred to pay
or have the lien discharged upon demand. Such amounts due from the Tenant
shall be charged as Additional Rent under the terms of this Lease.
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21. Notices. Any notice required by this Lease shall be in writing and shall be deemed to
have been properly delivered, when directed to the addressees as follows:
If to the Landlord: Monroe County
1100 Simonton St.
Key West, Florida 33040
Attention: Roman Gastesi, County Administrator
Fax: 1-305-292-4544
Phone: 1-305-292-4441
With a copy to: Monroe County Attorney's Office
P.O. Box 1026
Key West, Florida 33041-1026
Attention: County Attorney
Fax: 1-305-292-3516
Phone: 1-305-292-3470
If to the Tenant: City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
Attn: Clyde Burnett, Manager
Fax: 305-289-4123
Phone: 305-289-4130
With a copy to: Jimmy Morales, Esq.
Stearns Weaver Miller Weissler AIhadeff & Sitterson, P.A.
150 W. Flagler Street, Suite 2200
Miami, FL 33130
Fax: 305-789-3395
Phone: 305-789-3532
Any notice, requirement, demand, instruction or other communication to be given to any party
hereunder, shall be in writing and shall be either: (a) hand delivered; or (b) sent by a
nationally-recognized overnight carrier; or (c) sent by electronic transmitting devices such as
facsimile. Notice shall be given upon receipt or refusal or delivery of said notice. Notices
given on behalf of a party by its attorney shall be effective for and on behalf of such party. The
addressees and addresses for purposes of this paragraph may be changed by given Notice.
Unless and until such written Notice is received, the last addressee and address stated herein
shall be deemed to continue in effect for all purposes hereunder.
22. Aoolicable Law. This Lease shall be construed under the laws of the State of Florida
and shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
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23. Venue. Venue for any litigation ansmg under this lease must be in a court of
competent jurisdiction in Monroe County unless an applicable federal law or regulation
provides otherwise.
24. Attorney's Fees and Costs. The Landlord and Tenant agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Lease, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the
non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-
pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Lease shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
25. Interpretation.
(a) The words "Land/ort!' and "Tenant' as used herein, shall include, apply to,
bind and benefit, as the context permits or requires, the parties executing this Agreement and
their respective successors and assigns.
(b) Wherever the context permits or requires, words of any gender used in this
Agreement shall be construed to include any other gender, and words in the singular numbers
shall be construed to include the plural.
26. Captions. The headings and captions contained in this Agreement are inserted only as
a matter of convenience and in no way define, limit or describe the scope or intent of this
Agreement nor of any provision contained herein.
27. Net Lease. This is a "Net Lease" and the Landlord shall have no obligation to provide
any services, perform any acts or pay any expenses, charges, obligations or costs to the
Tenant, relating to Tenant's occupancy of the Leased Premises under this Lease.
28. Holding Over. If Tenant retains possession of the Lift Station after termination or
expiration of this Lease, the Tenant agrees to pay Annual Base Rent, in an amount equal to
one and one-half times the rent in effect at the time the Lease expired or terminated.
29. Modification of Lease. This Lease may not be modified, altered, or changed in any
manner other than by a written agreement between the Landlord and Tenant, executed by both
parties.
30. Recording of Memorandum of Ground Lease. Landlord and Tenant agree to execute
and record a Memorandum of Ground Lease in the Public Records of Monroe County, Florida
and the form is attached hereto as Exhibit <fA ~
31. Partial Invalidity. If any tenn, covenant, condition or provision of this Lease (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Lease, shall not be affected thereby; and each remaining term,
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covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Lease would prevent the accomplishment of the original
intent of this Lease. The Landlord and Tenant agree to reform the Lease to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
32. Construction of Lease. Each party hereto acknowledges that both parties have fully
participated in the negotiation and preparation of this Lease and that the terms hereof shall not
be more strictly construed against one party by reason of the rule of construction, that the
document is to be construed more strictly against the party who prepared the same.
33. Counterpart Execution. This Lease may be executed in any number of counterparts,
anyone and all of which shall constitute the contract of the parties and each of which shall be
deemed an original.
34. Waiver of Jury Trial. Landlord and Tenant hereby knowingly, voluntarily and
intentionally, waive trial by jury in any action brought by one against the other in connection
with any matter arising out of or in any way connected with this Lease. This waiver shall
apply to any original claim, counterclaim, cross claim, or other claim of any kind asserted by
either party in any such action. Neither party nor any representative of either party, including
counsel, has represented to the other that it would not seek to enforce this waiver of right to
jury trial in any such action. The parties acknowledge that the provisions of this section are a
material inducement to their entering into this Lease.
35. Inspection and Maintenance bv Landlord. The Landlord and its authorized officers,
employees, agents, contractors, subcontractors and other representatives shall have the right
after 24 hours prior Notice to the Tenant to enter upon the Leased Premises for the following
purposes:
a) to inspect the Leased Premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Tenant has complied
and is complying with the terms and conditions of this Lease with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the existing
perimeter security fence, underground and overhead wires, pipes, drains, cables and
conduits now located on or across the Leased Premises, and to construct, maintain,
repair, relocate, and remove such facilities in the future as necessary to carry out the
Master Plan of development of the Airport; provided, however, that said work shall in
no event unduly interfere with the operations of Tenant and, provided further, that the
entire cost of such work, as a result of the exercise by the Landlord of its rights
hereunder shall be borne by the Landlord.
36. Claims for Federal or State Aid. Landlord and Tenant agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose
of this Lease; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
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37. Adiudication of Disputes or Disagreements. Landlord and Tenant agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meeting and conference session, the issue or issues shall be discussed at a
public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Lease or by Florida law. This paragraph does not apply
where a default has occurred under the provisions of this Lease.
38. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Lease, Tenant
and Landlord agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Lease or
provision of the services under this Lease. Landlord and Tenant specifically agree that no
party to this Lease shall be required to enter into any arbitration proceedings related to this
Lease. A party who requests the other party's participation in accordance with the terms of
this paragraph shall pay all reasonable expenses by the other party by reason of such
participation.
39. Covenant of No Interest. Landlord and Tenant covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Lease, and that the only interest of each is to perform and
receive benefits as recited in this Lease.
40. Code of Ethics. Landlord agrees that officers and employees of the Landlord
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
41. No Solicitation/Payment. The Landlord and Tenant warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Lease and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide employee
working solely for it, any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Lease. For the breach or violation of the
provision, the Tenant agrees that the Landlord shall have the right to terminate this Lease
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the
full amount of such fee, commission, percentage, gift, or consideration.
42. Public Access. The Landlord and Tenant shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by
the Landlord and Tenant in co~unction with this Lease; and the Landlord shall have the right
to unilaterally cancel this Lease upon a material violation of this provision by Tenant.
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43. Non-Waiver ofImmunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Landlord and the Tenant to this Lease and the acquisition of
any commercial liability insurance coverage, self-insurance coverage, or local govemment
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the Landlord be required to contain
any provision for waiver.
44. Non-Delegation of Constitutional or Statutorv Duties. This Lease is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Lease is not intended
to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory
duties of the Landlord except to the extent permitted by the Florida constitution, state statute,
and case law.
45. Non-Reliance bv Non-parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Lease to enforce or attempt to enforce any third-party claim
or entitlement to or benefit of any service or program contemplated hereunder, and the
Landlord and the Tenant agree that neither the Landlord nor the Tenant or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that
any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Lease separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Lease.
46. Attestations. Tenant agrees to execute such documents as the Landlord may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
47. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to
be a covenant or agreement of any member, officer, agent or employee of Landlord in his or
her individual capacity, and no member, officer, agent or employee of Landlord shall be liable
personally on this Lease or be subject to any personal liability or accountability by reason of
the execution of this Lease.
48. Nondiscrimation.
a) The Tenant for themselves, their personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, do hereby covenant and agree that
I). No person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of Lift Station;
2). That in the construction of any improvements on, over or under the Leased
Premises and the fumishing of services thereon, no person on the grounds of
race, color or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination;
-12-
*__,_.__~_,W,"^",_,_~,__
3). That the Tenant shall use the Leased Premises in compliance with all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of
Transportation - Effectuation of Title VI of the Civil Rights Act of 1964 and as
said Regulations may be amended.
b). That in the event of breach of any of the above non-discrimination covenants, the
Landlord shall have the right to terminate the lease and to re-enter and as if said Lease had
never been made or issued. The provision shall not be effective until the procedures of Title
49, Code of Federal Regulations, Part 21 are followed and completed including exercise or
expiration of appeal rights.
49. Reservation of Airspace.
a) It shall be a condition of this Lease that the Landlord reserves unto itself, its
successors and assigns, for the use and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the Leased Premises, 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 flight in the said airspace, and for use of said airspace
for landing on, taking off from or operating on the airport.
b) The Tenant expressly agree for themselves, their successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the herein described
real property to such a height so as to comply with Federal Aviation Regulations, Part 77.
c). The Tenant expressly agree for themselves, their successors and assigns, to prevent
any use of the Leased Premises which would interfere with or adversely affect the operation
or maintenance of the airport, or otherwise constitute an airport hazard.
50. Subordination to Original Instrument of Acquisition. This Lease and all
provisions hereof are subject and subordinate to the terms and conditions of the instruments
and documents under which the Landlord acquired the subject property from the United States
of America and shall be given only such effect as will not conflict or be inconsistent with the
terms and conditions contained in the instruments and documents under which the Landlord
acquired the subject property from the United States of America, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations which
have been, or may hereafter be adopted by the Landlord pertaining to the Florida Keys
Marathon Airport.
51. Non-Exclusive Grant. Notwithstanding anything herein contained that may be, or
appear to be, to the contrary, it is expressly understood and agreed that the rights granted
under this agreement are non-exclusive and the Landlord herein reserves the right to grant
similar privileges to another tenant or other tenants on other parts of the Airport.
52. Review of Leasehold Improvements. Prior to Tenant installing, constructing,
fabricating, erecting, or placing of any leasehold improvement, the Landlord shall have the
right to review and approve any and all leasehold improvements which review shall be limited
to the proposed improvements compliance with F.A.A. and F.A.R., which review and
approval shall neither be unreasonably delayed nor denied. The Landlord acknowledges that
-13-
the Tenant is leasing the Leased Premises for use to construct a Lift Station, which will tie
into a force main.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as
of the date first written above.
Witnesses:
TENANT:
j,.:, 4,:"
PRiNT NAME: .s ( -rl, .<74/A ~
CITY OF MARATHON,
a Florida municipal corg tion
By:
.~/ c1cLUlfA
PRlNTNAME: DIQI"'\e- C/o. Vier
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me thi~ day ofalJ ~(1<S-t ,
200)[, by Clyde Burnett, as Manager, of The City of Marathon, who is personally kiIown 0 me or
has produced , as identification.
.~QI)U Ciav~
Notary Public
State of Florida at Large
My Commission Expires:
:r...........O..'.AN...............................
: E ClAVIER :
! . Comm#oD0692861!
f i~~ Expires 7f.l9f.Z011 I
: , FIoItda NotaJy Ason Inc :
........~"III......"a.....,............;:....J
-14-
(SEAL)
ATTEST: DANNY L. \' "" c,)i
CLERK \\;;\;" /;f
,..>~
' ,"
Bya~::::~ ...-
Deputy Clerk
LANDLORD:
BOARD 0 COUNTY CO
OF MO COUNTY, F.
%;(~
. Mario Digenarro, Mayor
ERS
STATE OF FLORIDA
COUNTY OF MONROE
The foregoing instrument was acknowledged before me this_ day of ,
200_, by Mario Digenarro, for the Board of County Commissioners of Monroe County, Landlord,
who is personally known to me or has produced , as
identification.
Notary Public
State of Florida at Large
My Commission Expires:
c
WQ.le
-15-
Peters-Katherine
From:
Sent:
To:
Cc:
Subject:
Mercado-Pedro
Friday, November 07, 2008 5:00 PM
Peters-Katherine
'Pam Hancock'
FW: Status of non-aero lease...awaiting your statement
Importance:
High
Attachments:
Marathon Sewer Easement Vac-Pump Fac Itr from URS 103008.pdf
m
MaraIhon Sewe-
E:asen..... Vac-Pu...
Kathy, we received approval from the FAA for the Marathon sewer main easement
and the lift station lease. Please go ahead and process those.
-----Oriqinal Message-----
From: Susan.Moore@faa.gov [mailto:Susan.Moore@faa.gov]
Sent: Friday, November 07, 2008 4:06 PM
To: Mercado-Pedro; Paras-Reggie
Cc: Horton-Peter; mdchael thompson@URScorp.com
Subject: RE: Status of non-aero lease...awaiting your statement
Importance: High
Pedro & Reggie
I have no objection to the submitted non-aeronautical lease & itls associated MOUs.
Thanks for your patience, getting all these issues worked through.
Let me know if you need any further documents, or if this is sufficient~
Susan
nparos-Reggiell
<Paros-Reggie@mon
roecounty-fl.gov>
10/30/2008 04:46
PM
Susan Moore/ASO/FAA@FAA,
"Mercado-Pedro"
<Mercado-Pedro@MonroeCounty-FL.Gov>
cc
"Horton-Peterl1
<Horton-Peter@Monroecounty-FL.GOv>,
<michael thompson@URScorp.com>
- Subj ect
RE: S'tatus of non-aero
lease...awaiting your statement
To
Susan/
1
--_.~_.".-._-~,-. -_.
Please find attached a letter from Mike Thompson, AICP, URS, in this regard.
Please let me know if you require anything else in order to complete your review.
Thanks,
Reggie Paras, Manager
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 200
Marathon, FL 33050
Office: (305) 289-6002 or 289-6060
FAX: (305) 743-0396
paros-reggie@monroecounty-fl.gov
HELP US HELP YOU!
Your feedback is important to us. Please take a moment to complete our Customer
Satisfaction Survey:
http://monroecofl.virtualtownhall.net/Pages/MonroeCoFl_WebDocs/css
Please note: Florida has a very broad public records law. Most written communications to
or from the County regarding County business are pUblic record, available to the public
and media upon request. Your e-mail communication may be subject to public disclosure.
-----Original Message-----
From: Susan.Moore@faa.gov [mailto:Susan.Moore@faa.govj
Sent: Thursday, October 30, 2008 4:36 PM
To: Mercado-Pedro
Cc: Paros-Reggie; Horton-Peter; michael thompson@URScorp.com
Subject: Status of non-aero lease...awaIting your statement
Pedro
We met this past Monday with your colleagues re the Marathon ALP; Reggie asked me when I
would be able to respond to your request for lease review for the sewer easement...
Once I receive written communication from you/Reggie, assuring us that the request will
NOT impact any of the agreed to standards & regulations we discussed on Monday (Reggie &
Mike can fill you in), I will be happy to finalize my review.
Thanks
S
(See attached file: Marathon Sewer Easement Vac-pump Fac ltr from URS
103008.pdf)
2
URS
October 30, 2008
Florida Keys Marathon Airport
Allenlion: Mr. Reggie Paros, Airport Manager
9400 Overseas Highway, Suite 200
Marathon, Florida
33050
Reference: Vertical Height Umit on Non-Aeronauticallease for Sewer Lift station _
Florida Keys Marathon Airport
Dear Mr. Paros:
Per your request, we have reviewed the proposed Ground Lease Agreement between Monroe County
Board of County Commissioners and the City of Marathon dated July 19, 2007. The proposed Ground
Lease would be used for the construction of a sewer lift station at the Florida Keys Marathon Airport (as
noled in Exhib~ . A") that would be located near the southeast comer of the airport in proximity to the
intersection of U.S. Highway No.1 and Aviation Boulevard. Based on information you have provided, the
highest structural element of the proposed sewer lift station win have an 18.25-foot above ground level
elevation.
Further to your request, we have identified the upper allowable height lim~ of natural or man-made objects
that could located within the Ground Lease that would be governed by OVerlying planes of protected
navigable airspace for Runway 7-25. Our findings are as follows:
1. The draft Airport Layout Plan that is currently under review by the FAA indicates a proposed future
lenglhening of the runway at each end and the ultimate relocation (shilling) of the runway 40 feet to the
north/JeSt at the extended length.
2. Runway 7 is served by a published non-precision RNAV (GPS) instrument approach procedure to the
northeast that has an Approach Surface prescribed and defined in CFR Part 77, Objects Affecting
NalIigabJe Airspace, ~77.25, Civil Airport Imaginary Surfaces (d). The Approach Surface extends
upward and outward along the extended runway cenlertine at a rate of 34 feet (horizontal) to 1 foot
(vertical) for distance of 10,000 feet from a point beginning 200 feet prior to the approach end of the
runway The Approach Surface overlies the westem-rnost portion of the proposed Ground Lease.
3. Navigable airspace for aircrafl departures to the southwest from Runway 25 is protected by a similar
plane of airspace that extends upward and outward from the physical (far) end of the runway at a rate of
40 feel (horizontal) to 1 foot (vertical) for distance of 10,000 feet. The Runway 25 Departure Surface
overlies the entirety of proposed Ground Lease
4. . Based on the two previously described planes of protected navigable airspace and in consideration of
proposed future extensions and relocalions of the runway, the limit of vertical growth or development of
natural or malHnade objects (respectively) within the proposed Ground Lease is 32 feet above ground
level (AGL). Accordingly, the proposed sewer lift station above ground elevation of 18.25 feet will be
below the overlying planes of airspace proleclion and will not penetrate these surfaces. We have
aIIached a graphic depiction of the location of the Ground Lease and noted vertical height limitation.
Sincerely,
URS Corporation
-j};'./.LJcJt.,-.'--------_ .
Michael L Thompson, AICP
Project Manager/Sr. Airport Planner
C: wi atlachment - Peter Horton - Monroe County Airporls Division
Mil Reisert - URS Miami
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BLVD.
EXHIBIT "A"
TO
GROUND LEASE AGREEMENT
"MEMORANDUM OF GROUND LEASE"
EXHIBIT
I~
-16-
This Instrument Was Prepared By, Record and Return to:
Robert E. Gallagher, Esq.
Stearns Weaver Miller Weissler
A1hadeff & Sitterson, P.A.
150 West Flagler St., Suite 2200
Miami, Florida 33130
MEMORANDUM OF GROUND LEASE
KNOW ALL MEN BY THESE PRESENTS of this Memorandum of Ground Lease made
as of the 19th day of July, 2007, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida (the "Landlord") whose address is 1100 Simonton Street, Key West, Florida 33040 and
the CITY OF MARATHON, FLORIDA, a Florida Municipal Corporation (the "Tenant") whose
address is 9805 Overseas Highway, Marathon, Florida 33050.
W!I Nt;S S t;I H:
For good and valuable consideration and in further consideration of the rents reserved
and covenants and conditions more particularly set forth in that certain GROUND LEASE
AGREEMENT (the "Agreement"), and by and between Landlord and Tenant dated as of the
19th day ofJuly, 2007, Landlord and Tenant hereby covenant and agree as follows.
1. Landlord demised unto Tenant and Tenant took from Landlord for the term
hereinafter provided, and any extension thereof, the Leased Premises located in Monroe County,
Florida, a sketch and legal description of which is attached hereto as Exhibit "A", and hereafter
referred to as the "Leased Premises."
2. The Term of the lease shall commence on the 19th day of July, 2007
("Commencement Date") and shall terminate ninety-nine (99) years after the Commencement
Date unless sooner terminated or extended as provided in the Agreement.
3. Landlord's interest shall not be subject to any mechanics' or materialmen's liens or
liens of any kind for improvements made by the Tenant upon the Leased Premises. All persons
dealing with Tenant must look solely to the credit of Tenant, and not to Landlord's interest or
assets.
4. The sole purpose of this instrument is to give notice of said Lease and all its
terms, covenants, agreements and conditions to the same extent as if said lease were fully set
forth herein. The terms, covenants, agreements and conditions contained in this instrument shall
be binding upon and shall inure to the benefit of the parties hereto and their successors and
assigns.
-1-
Exhibit" A" to
Ground Lease Agreement
LANDLORD:
,
I ~
. I,'
// KOLHAGE, CLERK
RS
Deputy Clerk
Mayor Mario DiGennaro
STATE OF FLORIDA )
COUNTY OF MONROE)
The foregoing instrument was acknowledged before me this _ day of
,2007, by Mario DiGennaro, as Mayor of Monroe County, Florida, who is
personally known to me or has produced as
identification,
My Commission Expires:
Notary Public - State of Florida at Large
-2-
~,".J.;{h~~,
TENANT:
City of Marathon, a Florida Municipal
Corporation
'~Cku ..
Print Name: 1'>'" <'If', C l 0- vi&J'-
By:
STATE OF FLORIDA
COUNTY OF MONROE
~e foregpj11g instrument was acknowledged before me this ~ day of
, 200.1., by Clyde Burnett as City Manager of the City of Marathon, who is
perso ly known to me or has produced , as
, ldentltIcatlOn.
&aiuotCOl ~r
Notary Public
State of Florida at Large
My Commission Expires:
l'~lIf_Ii""f'l.!t"",!~"'1""""''''''"''"''''':
ulAN.. CLAVIER :
Comm# DD0892881 i
EJqllrea 7/2912011 !
G:\W-REG\37388\019\AIRPORT EASEMENTlMemorandum of Lease V-2.d . F_ NoIIIIYAIIn......I;"'...5
....,If''i'!'I'nl\'''~..'!"..............
-3-
EXHIBIT" A"
TO
MEMORANDUM OF GROUND LEASE
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EXHIBIT "B"
TO
GROUND LEASE AGREEMENT
"MEMORANDUM OF UNDERSTANDING"
EXHIBIT
I B
-17-
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into effect as of this
19th day of July, 2007, by and between MONROE COUNTY, FLORIDA, a political
subdivision of the State of Florida and the City of Marathon, a Florida Municipal
Corporation, in order to set forth the basic understanding between the parties regarding
the Force Main Easement and development and connection fees at the Florida Keys
Marathon Airport.
WHEREAS, Monroe County has leased property at the Florida Keys Marathon
Airport to the City of Marathon for the purposes of building a fire station to serve the
citizens of Marathon, and
WHEREAS, the City of Marathon is installing a central sewerage system, and
WHEREAS, all of the current tenants at the Florida Keys Marathon Airport as well
as the airport terminal itself and the Marathon fire station, which is currently under
construction, will be required to connect to the central sewerage, and
WHEREAS, the County is wiling to give the City of Marathon an easement along
the Florida Keys Marathon Airport property for purposes of installing a force main to
service the fire station, and
WHEREAS, the City of Marathon is willing to waive development and connection
fees for the airport terminal as well as all currently existing airport tenants,
NOW THEREFORE, in consideration of the foregoing, Monroe County and the City
of Marathon agree as follows:
1. The County shall grant to the City of Marathon a Non-exclusive
Irrevocable Easement for the property described in the Grant of
Easement attached hereto exhibit "A".
2. The City shall waive all sewer development fees and sewer connection
fees for the Florida Keys Marathon Airport and for all tenants located at
the Florida Keys Marathon Airport as of the effective date of this
memorandum who will be required to connect to the central sewerage
system.
3. The parties shall execute this Memorandum of Understanding prior to
the Grant of Easement.
4. The Grant of Easement shall be attached and made a part of this
Memorandum of Understanding.
Exhibit "8"
to
Ground Lease Agreement
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed effective on the date first written above.
CITY OF MARATHON, A FLORIDA
MUNICPAL CORPORATION
BY:~&
MARATHON CITY MANAGER
1/}t)/J[?
Date:
ATTEST:
~ craucir
DIANE CLAVIER, CITY CLERK
Date
PE .
STANT cau TY ATTORNEY
EXHIBIT "A"
TO
MEMORANDUM OF UNDERSTANDING
"DECLARATION OF NON-EXCLUSIVE
IRREVOCABLE EASEMENT"
EXHIBIT
I A
-17-
DECLARATION OF NON-EXCLUSIVE IRREVOCABLE EASEMENT
[Airport]
THE PARTIES
This Declaration of a Non-Exclusive Irrevocable Easement (the "Declaration") is made
and entered into as of July ~, 200L by and between Monroe County,
Florida, a political subdivision of the State of Florida, its successors and assigns (the
"Grantor"), having an address of 1100 Simonton Street, Key West, Florida 33040 and the
City of Marathon, a Florida municipal corporation, its successors and assigns, having an
address of 10045-55 Overseas Highway Marathon, Florida 33050 (the "Grantee").
RECITALS
A. The Grantor is the owner in fee simple of that certain parcel of real
property more particularly described in Composite Exhibit "A" attached hereto and made
a material part hereof (the "Easement Parcel").
CONSIDERATION
NOW, THEREFORE, in consideration of the sum of TEN AND NOnOO
DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements,
covenants and restrictions are made:
TERMS. AGREEMENTS. COVENANTS AND CONDITIONS
I. Grant of Easement. Grantor hereby grants and conveys to Grantee
and its successors and assigns and unto the owners, lessees and occupants of all or part of
the Benefited Parcel, their heirs, legal representatives, successors and assigns, and unto
their servants, agents, employees, guests, licensees, and invitees, a perpetual non-
exclusive easement under the Easement Parcel. The easement herein granted is an
easement appurtenant and is for the purposes of installing, constructing, maintaining,
repairing, removing and replacing, as necessary, utility services, lift stations and junction
boxes for sewer service (the "Utility Service"). The Grantee shall have the right, from
time to time, to install, maintain and replace on and under the Easement Parcel, the
Utility Service. Grantee shall bear all costs of installation, maintenance repair and
replacement of the Utility Service. Installation and maintenance of the Utility Services
shall be undertaken so as not to unreasonably disturb the Easement Parcel, recognizing
the scope of the work required for the installation and maintenance of the Utility
Services. Following the installation, repair or maintenance of the Utility Services,
Grantee shall restore at Grantees sole expense, the Easement Parcel to the condition
which existed prior to such work, including, without limitation, the restoration of all
roadways, curbs and drainage.
2. Grantor's Responsibilities. Other than Grantee's obligations to
repair and restore the Easement Parcel, as set forth and as limited in Section I above, the
EXHIBIT "An
To
Memorandum of Understanding
Grantor is solely responsible for all expenses arising from or related to the planning,
design, engineering, development, construction and maintenance of the Easement Parcel.
3. No Public Dedication. Nothing contained in this grant of easement
shall, in any way, be deemed or constitute a gift of or dedication of any portion of the
Easement Parcel to the general public or for the benefit of the general public whatsoever,
it being the intention of the parties hereto that this grant of easement shall be limited to
and utilized for the purposes expressed herein and only for the benefit of the persons
herein named.
4. Indemnitv. Grantee hereby indemnifies and holds harmless the
Grantor from any and all actions, causes of action, claims, liabilities, demands and losses
of any kind whatsoever which may be filed or made against Grantor by reason of the
Grantee's use of the Easement Parcel and the rights granted hereunder. Grantee shall
obtain and maintain a policy of commercial general liability insurance in an amount not
less than One Million Dollars ($1,000,000). Grantee shall cause the Grantor to be named
as an additional insured under said policies.
5. Enforcement. The terms and conditions of this Declaration shall
run with the Easement Parcel and shall inure to the benefit of and be enforceable by the
Grantee and the Grantor, their respective legal representatives, successors and assigns,
and the Grantee and the Grantor, each shall have a right of action to enforce by
proceedings at law or in equity all conditions and covenants imposed by the provisions of
this Declaration, or any amendment thereto, including the right to prevent the violation of
such conditions and covenants and the right to recover actual damages for such violation
(but not consequential or punitive damages).
6. Liens. Grantee shall not permit any mechanics lien or similar lien
arlsmg by reason of Grantee's work relating to the Easement Parcel to remain an
encumbrance against the Easement Parcel. Grantee may bond over and contest the
validity of any such mechanics lien in lieu of payment thereof.
7. No Waiver. Failure by either party to enforce any covenant,
condition or restriction contained in this Declaration in any certain instance or on any
particular occasion shall not be deemed a waiver of such right on any future breach of the
same or any other covenant, condition or restriction.
8. Severabilitv. Invalidation of anyone or a portion of these
covenants, conditions and restrictions by judgment or court order shall in no way affect
any other provisions, which shall remain in full force and effect.
9. Attornev's Fees. In the event action is instituted to enforce any of
the provisions contained in this Declaration, the prevailing party in such action shall be
entitled to recover from the other party thereto reasonable attorney's fees and costs of
such suit as determined by the court or by arbitration as part of the judgment.
10. Notices. Any notice hereunder shall be in writing and shall be
deemed to have been properly delivered when directed to the addressee as follows:
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2/6/08 at 3:00 pm
If to Grantee:
With a copy to
Grantee's Attorney:
If to Grantor:
With a copy to
Grantor's Attorney:
City of Marathon
10045-55 Overseas Highway
Marathon, Florida 33050
Attention: City Manager
Phone: 1-305-289-4130
Fax: 1-305-289-4123
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Ste. 2200
Miami, Florida 33130
Attention: John Herin, Esq.
Phone: 305-789-3427
Fax: 305-789-3395
Monroe County
1100 Simonton St.
Key West, Florida 33040
Attention: Roman Gastesi, County Administrator
Phone: 1-305292 - 4441
Fax: 1-305 292 - 4544
Monroe County Attorneys Office
P.O. Box 1026
Key West, F1. 33041-1026
Attention: The County Attorney
Phone: 1-305292 - 3470
Fax: 1-305292 - 3516
Any notice, request, demand, instruction or other communication to be given to
either party hereunder, shall be in writing and shall either be (i) hand delivered, (ii) sent
by Federal Express or a comparable overnight mail service, or (iii) sent by telephone
facsimile transmission provided an original copy of the transmission shall be mailed by
regular mail, all at or to the respective addresses set forth above. Notice shall be deemed
to have been given upon receipt or refusal of delivery of said notice. The addressees and
addresses for the purpose of this paragraph may be changed by giving notice. Unless and
until such written notice is received, the last addressee and address stated herein shall be
deemed to continue in effect for all purposes hereunder.
II. Captions. Captions used in this Declaration are for information
purposes only and do not alter, modify or add to the terms ofthis Declaration.
12. Governing Law. This Declaration will be governed and interpreted
pursuant to the laws of the State of Florida. Grantor and Grantee, their successors and
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2/6/08 at3:00 pm.
assigns, shall perform all of their respective obligations under this Declaration in
compliance with all applicable laws.
13. Modification/Entire Agreement. This Declaration may be
modified only in a writing executed by the parties to this Declaration or their respective
successors or assigns. This Declaration constitutes the entire agreement between the
parties with respect to the subject matter hereof and shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
14. Waiver of Jurv Trial. Grantor and Grantee hereby knowingly,
voluntarily and intentionally, waive trial by jury in any action brought by one against the
other in connection with any matter arising out of or in any way connected with this
easement agreement. This waiver shall apply to any original claim, counterclaim, cross
claim, or other claim of any kind asserted by either party in any such action. Neither
party nor any representative of either party, including counsel, has represented to the
other that it would not seek to enforce this waiver of right to jury trial in any such action.
The . .acknowledge that the provisions of this section are a material inducement to
~"
" this easement agreement.
~f' ,t:.:.\
As to the Grantor:
STATE OF FLORIDA
)
)
)
COUNTY OF MONROE
ASSISTANT UNTY ATTORNEY'ij 17 (1 V-
Dale
The foregoing instrument was acknowledged before me this _ day
of ,200_ by Mario Digennaro, Mayor, and attested to by Darmy Kolhage,
Clerk, each on behalf of the Monroe County Board of County Commissioners, each of
whom are personally known to me or produced a as identification.
Notary Public
State of Florida at Large
My Commission Expires:
-4-
2/6/08 at 3:00 pm.
L~ LAaU7
As to the Grantee:
SVS(~ 7fOA4A S-
Print Name
2PJ~ cJLGU ~
D\Ql"e., C\o...v~e(
Print Name
municipal
STATE OF FLORIDA )
)
COUNTY OF MONROE )
a The foregoing instrument was acknowledged before me this d 10 day of
U ~J()t , 200K: by Clyde Burnett as a City Manager of the City of Marathon, a
Flori munIcIpal corporatIOn, on behalf of the CIty, who IS personallv known to me or
produced a as identification. -
~cvliC)QwUA_
Notary Public
State of Florida at Large
My Commission Expires:
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-5-
2/6/08 at 3:00 pm,
COMPOSITE EXHIBIT "A"
Page 1 of2
LEGAL DESCRIPTION
OF THE
EASEMENT PARCEL
-6-
2/6/08 at 3:00 pm.
~aN
Dagostino & Wood,lnc.
A 20' WIDE STRIP OF LAND LYING IN SECTION 1, TOWNSHIP 66 SOUTH, RANGE 33 EAST AND SECTION 6,
TOWNSHIP 66 SOUTH, RANGE 32 EAST, CITY OF MARATHON, MONROE COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, TOWNSHIP 66 SOUTH, RANGE 32 EAST FOR
A POINT OF REFERENCE; THENCE NORTH 00"17'15" WEST, ALONG THE WEST LINE OF SECTION I, 125.45 FEET
TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 4-A (NOW Al3ANDONED); THENCE
NORTH 67"19'49" EAST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 124.18 FEET TO A POINT ON SAID
NORTHERLY RIGHT-OF-WAY LINE; SAID POINT ALSO BEING ON THE NORTHERLY LINE OF THAT 40 FOOT
WIDE RIGHT-OF-WAY DEDICATED TO MONROE COUNTY PER OK BOOK 963, PAGE 2193 OF THE PUBLIC
RECORDS OF MONROE COUNTY, FLORIDA; SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE
PARCEL HEREIN DESCRIBED; THENCE CONTINUE NORTH 67"19'49" EAST, ALONG SAID NORTHERLY LINE,
20.00 FEET; THENCE SOUTH 22"40'1 I" EAST 6.57 FEET; THENCE NORTH 67"15'36" EAST 3,800.00 FEET; THENCE
NORTH 22"40'11" WEST 1.91 FEET TO THE NORTHERLY LINE OF SAID 40 FOOT RIGHT-OF-WAY; THENCE NORTH
67"19'49" EAST, ALONG SAJD NORTHERLY LINE 20.00 FEET; THENCE SOUTH 22040'11" EAST 1.88 FEET; THENCE
NORTH 67"15'36" EAST 272.25 FEET; THENCE NORTH 73032'45" EAST 170.43 FEET; THENCE NORTH 67019'49"
EAST 876.28 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST;
THENCE 170.93 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 490.00 FEET, A CENTRAL ANGLE
OF 19059'13", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 57020'13" EAST 170.06 FEET TO THE
POINT OF REVERSE CURVATURE; THENCE 65.60 FEET ALONG THE ARC OF SAID REVERSE CURVE CONCAVE
TO THE SOUTHEAST HAVING A RADIUS OF 130.00 FEET, A CENTRAL ANGLE OF 28054'51", AND BEING
SUBTENDED BY A CHORD WHICH BEARS NORTH 61048'02" EAST 64.91 FEET TO THE POINT OF TANGENCY;
THENCE NORTH 76015'27" EAST 169.58 FEET; THENCE NORTH 67011'00" EAST 1408.69 FEET; THENCE NORTH
74058'23" EAST 57.41 FEET; THENCE NORTH 70025'12" EAST 311.91 FEET; THENCE NORTH 76042'08" EAST 839.94
FEET; THENCE NORTH 12040'03 WEST 5.44 FEET TO THE NORTH LINE OF SAID 40 FOOT RIGHT-OF-WAY;
THENCE NORTH 77019'57" EAST, ALONG SAID NORTH LINE, 20.00 FEET; THENCE SOUTH 12040'03" EAST 25.22
FEET; THENCE SOUTH 76042'08" WEST 858.62 FEET; THENCE SOUTH 70025'12" WEST 311.61 FEET; THENCE
SOUTH 74058'23" WEST 56.85 FEET; THENCE SOUTH 67011'00" WEST 1408.91 FEET; THENCE SOUTH 76015'27"
WEST 171.17 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST;
THENCE 55.51 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 110.00 FEET, A CENTRAL ANGLE
OF 28054'51", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 61"48'02" WEST 54.92 FEET THE
POINT OF REVERSE CURVATURE; THENCE 177.91 FEET ALONG THE ARC OF SAJD REVERSE CURVE CONCAVE
TO THE NORTHWEST HAVING A RADIUS OF 510.00 FEET, A CENTRAL ANGLE OF 19"59'13", AND BEING
SUBTENDED BY A CHORD WHICH BEARS SOUTH 57020'13" WEST 177.01 FEET TO THE POINT OF TANGENCY;
THENCE SOUTH 67"19'49" WEST 877.37 FEET; THENCE SOUTH 73032'45" WEST 170.41 FEET; THENCE SOUTH
67"15'36" WEST 41 I 1.17 FEET; THENCE NORTH 22"40'1 I" WEST 26.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 3.772 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD.
BEARINGS ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, REFERENCING
THE NORTH AMERICAN DATUM OF 1983, 1999 ADJUSTMENT (NAD 83/99).
Prepared By:
David S. Dagostino, PSM
Fl Reg. No. 5762
6101811 Avenue HE HIPles. R 34120
Phene-(239J352-6085 hx'(239J352-6095
COMPOSITE EXHIBIT "A"
Page 2 of2
SKETCH
OF THE
EASEMENT PARCEL
G:\W-REG\37388\ll19'AIRPORT EASEMENT'AIRPQRT EASEMEtrr V-3 2<6-08.dQC
-7-
2/6/08 at 3:00 pm.
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