03/15/2000 LeaseBRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL (305) 289-6027
FAX (3M) 289-1745
MEMORANDUM
DATE: June 16, 2000
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Mannp-l. Rotbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
TO: Peter Horton, Director
Monroe County Airports
ATTN: Bevette Moore
Airport Business Administrator
FROM: Pamela G. Hancoc
Deputy Clerk
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL (305) 852-7145
FAX (305) 852-7146
At the March 15, 2000, Board of County Commissioner's meeting the Board granted
approval of a Lease Agreement between Monroe County and the Monroe County Sheriff, for a
parcel of land at the Florida Keys Marathon Airport for construction of an aviation hangar.
Attached please find a copy of the above for your handling. Should you have any
questions please feel free to contact our office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into on this 15-011 day of o , :600,4jy
and between Monroe County, a political subdivision of the State of Florida, whos g
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College Road, Key West, FL 33040, hereafter County, Lessor, or Owner, and the 4odlonere
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County, a constitutional officer, whose address is 5525 College Road, Key West, FLT649, hgea�r
Sheriff, Lessee or Tenant. This agreement is entered into pursuant to Sec. 163.01, F�`-�= � �
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WITNESSETH:
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
i. The County leases to the Sheriff a 250' x 250' parcel of land at the Florida Keys
Marathon Airport as depicted on Exhibit A, hereafter the premises. Exhibit A is attached to this
agreement and made a part of it.
2. The term of this lease is twenty (20) years, beginning on the date first written above.
The annual rent for the premises is $18,750 per year. (The rent amount is based on 30 cents per
square foot multiplied by the premises 62,500 square feet.) The annual rent is due on the date the
construction of the hangar authorized in subparagraph 3(b) begins and thereafter on the anniversary
of that date for each year this lease remains in effect. If the Sheriff does not begin construction of
the hangar within one year from the date first written above, then the first rental payment will be due
one year from that date and then on the anniversary of that date for each year this lease remains in
effect. Following the initial year of this lease, the annual rental sum will be adjusted each year by a
percent equal to the increase in the CPI for all urban consumers above that of the prior year.
Alternatively, and in the discretion of the Monroe County Airport Director, following the initial year of
this lease, the annual rental sum may be increased by the amount required by an updated rate and
charges study prepared by a professional airport consultant and approved by the FAA.
3. a) The premises are leased to the Sheriff for the purposes of storing and maintaining
aircraft and aviation related law enforcement purposes only.
b) The Sheriff is authorized to construct a hangar at his expense, on the premises. The
hangar must be built in conformity with the applicable building codes. Before commencing
construction the Sheriff must obtain the development approvals and building permits that are
required by the governmental entities having jurisdiction over the hangar. When the hangar is
complete the Sheriff must furnish the Monroe County Airport Director, in a form satisfactory to him,
certification from a Florida licensed PE or architect that the hangar was built in conformity with all
applicable building codes.
c) The hangar will become the property of the County upon termination of the lease. At
the time the Sheriff will quietly and peaceably deliver up the premises to the County.
d) During the term of this lease the Sheriff is responsible for all maintenance and repairs,
including major repairs such as structural work and roof replacement, and the replacement of the
hangar if destroyed. All repairs or replacement must be of the same or better quality as the original
work and conform to all applicable building codes.
4. Either party may terminate this lease before it would otherwise expire pursuant to
paragraph 2 by giving the other party 60 days written notice of such termination. If the termination
date is not the date described in paragraph 2, then the County must refund a percentage of the
annual rent equal to the percentage of time remaining until the date described in paragraph 2.
5. The Sheriff, to the extent authorized by Sec. 768.28, FS, covenants and agrees
to indemnify and hold harmless the County from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by the County) and any
other losses, damages and expenses (including attorney's fees) which arise out of, in connection
with, or by reason of the use of the premises by the Sheriff (including the construction of the
hangar) or any of its contractors, occasioned by the negligence, errors or other wrongful act or
omission of the Sheriff or its contractor(s), employees or agents.
6. The Sheriff is responsible for telecommunications, electrical, sewer, water and solid
waste collection service for the premises.
7. a) The tenant for himself, his personal representatives, successors in interest, and
assigns, as part of the consideration hereof, does hereby covenant and agree that: (1) 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 said facilities: (2) that in the
construction of any improvements on, over or under such land and the furnishing of services thereon,
no person on the grounds of race, color, or national origin shall be excluded from participation in,
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denied the benefits of, or be otherwise subjected to discrimination; (3) that the tenant shall use the
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,
Nondiscrimination 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, Airport
Owner 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.
c) It shall be a condition of this lease, that the Lessor 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 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 flight in the said airspace, and for use of said airspace for landing on, taking
off from or operating on the airport.
That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations, Part 77.
That the Lessee expressly agrees for himself, his successors and assigns, to prevent any use
of the hereinafter described real property which should interfere with or adversely affect the
operation or maintenance of the airport, or otherwise constitution an airport hazard.
d) This lease and all provisions hereof are subject and subordinate to the terms and
conditions 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 such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner, 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 Airport Owner pertaining to the
Marathon Airport.
e) 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
nonexclusive and the Lessor herein reserves the right to grant similar privileges to another lessee or
other lessees on other parts of the Airport.
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8. This lease has been carefully reviewed by both the County and the Sheriff. Therefore,
this lease is not to be construed against either party on the basis of authorship.
9. This lease agreement represents the parties' final and mutual understanding. It
replaces any earlier agreements or understandings, whether written or oral. This lease cannot be
modified or replaced except by another signed lease or lease amendment.
10. A copy of the lease agreement must be filed with the Clerk of the Circuit Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
firsl_above written.
(SEAL)
ATTEST. N�Y L. KOLHAGE, CLERK
By _
Dep4 Clerk
ATTEST:
By
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Ch irperson
MONROERDUNTY SHERIFF
By
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EXHIBIT 'A'
FLORIDA KEYS MARATHON AIRPORT
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