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1. 09/21/2012 Option Agreement for LeaseDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: October 1, 2012 TO: Peter Horton, Director of Airports ATTN: April Pearson FROM: Pamela G. Hane &C- At the September 21, 2012, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item C25 Contract with Bella Construction of Key West, Inc. for the construction of the Elevator for Baggage Make Up Area at the Key West International Airport. Please be sure to forward the Public Construction Bond as soon as possible. Iten C27 Monroe County Sheriff Office Contract for Law Enforcement and Security Services at Key West International Airport for Fiscal Years 2013 -2015. `Item C28 Lease option with Marathon Landing and Flying Club for a 40 by 100 foot undeveloped parcel at the Florida Keys Marathon Airport. Enclosed is a duplicate original of each of the above - mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney w/o documents Finance File ✓ OPTION AGREEMENT FOR LEASE OF REAL PROPERTY FLORIDA KEYS MARATHON AIRPORT MARATHON LANDING AND FLYING CLUB, INC. THIS OPTION AGREEMENT ( "Agreement ") made and entered into this 20` day of September, 2012, by and between Monroe County, a political subdivision of the State of Florida, whose principal address is 1 100 Simonton Street, Key West, Florida 33040, hereinafter referred to as "County" and Marathon Landing and Flying Club, Inc., whose address is 2460 Coco Plum Drive, Marathon, Florida, 33050, hereinafter referred to as "LESSEES ". WITNESSETH: WHEREAS, the COUNTY owns property known as the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and WHEREAS, LESSEES are requesting a lease option to lease an undeveloped parcel of property on the Airport for construction an enclosed hangar at a future date to be determined; and WHEREAS, the County is willing to grant a lease option on the Airport for purposes of constructing an enclosed hangar at a future date to be determined; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the parties hereto and for the mutual covenants contained herein, County and Lessees hereby agree as follows: DEFINITIONS. For the purposes of this Agreement, the following terms shall have the following meanings: (a) "Execution Date" shall mean the day upon which the last party to this Agreement shall duly execute this Agreement; (b) "Option Fee" shall mean the monthly fee due Lessees shall pay to County. (c) "Option Term" shall mean that period of time the premises are leased solely and exclusively to the Lessees. 2. GRANT OF OPTION. For and in consideration of the Option Fee payable to County as set forth herein, County does hereby grant to Lessees the exclusive right and Option ( "Option ") to lease the premises approximately shown on Exhibit A upon the terms and conditions as set forth herein. 3. OPTION TERM. The (original) term of this lease option is three (3) years beginning on September 20, 2012 and terminating on September 19, 2015. Lessees may renew this option for one (1) additional two (2) year term by submitting a request in writing to County within 90 days of the termination of the original term. 4. PAYMENT OF OPTION FEE. Lessees agrees to pay to County $83.33 per month or $1,000.00 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the first day of each month. All rental payments are due at the Airports Business Office, 3491 S. Roosevelt Blvd., Key West, FL 33040. 5. EXERCISE OF OPTION. Lessees may exercise its exclusive right to lease the Premises pursuant to the Option, at any time during the Option Term, by giving written notice thereof to County. In the event the ' 11 Lessees do not exercise their exclusive right to Lease the Premises granted by the Option during the Option Term, County shall be entitled to retain the Option Fee, and this agreement shall become absolutely null and void and neither party hereto shall have any other liability, obligation or duty hereinunder or pursuant to this Agreement. 6. AGREEMENT FOR LEASE OF REAL PROPERTY. In the event that the Lessee exercises its exclusive Option as provided for in the preceding paragraph, County agrees to Lease and Lessees agrees to lease the Premises as approximately shown on exhibit A and both parties agree to execute an agreement for such lease at the standard rates and charges in effect on the date of the execution of the lease of the Premises and in accordance with terms and conditions to be agreed upon. 7. DEFAULT. In the event County and Lessees, after exercise of the Option, fail to come to an agreement as to the terms and conditions of the lease, County shall be entitled to retain the Option Fee(s) as liquidated damages and this agreement shall become absolutely null and void and neither party hereto shall have any other liability, obligation or duty hereinunder or pursuant to this Agreement. 8. MISCELLANEOUS. (a) Execution by Both Parties. This Agreement shall not become effective and binding until fully executed by both parties. (b) Notice. All notices, demands and/or consents provided for in this Agreement shall be in writing and shall be delivered to the parties hereto by hand or by United States Mail with postage pre -paid. Such notices shall be deemed to have been served on the date mailed, postage pre -paid. All such notices and communications shall be addressed to the County at; to the Lessees at; Airports Business Office Marathon Landing and Flying Club, Inc. 3491 S. Roosevelt Blvd. 2460 Coco Plum Drive Key West, FL 33040 Marathon, Florida, 33050 (c) Fee Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (d) Successors and Assigns. This Agreement shall apply to, inure to the benefit of and be binding upon and enforceable against the parties hereto and their respective heirs, successors, and or assigns, to the extent as if specified at length throughout this Agreement. (e) Headings. The headings inserted at the beginning of each paragraph and/or subparagraph are for convenience of reference only and shall not limit or otherwise affect or be used in the construction of any terms or provisions hereof. (f) Entire Agreement. This Agreement contains all of the terms, promises, covenants, conditions and representations made or entered into by or between County and Lessee and supersedes all prior discussions and agreements whether written or oral between County and Lessee with respect to the Option and all other matters contained herein and constitutes the sole and entire agreement between County and Lessee with respect thereto. This Agreement may not be modified or amended unless such amendment is set forth in writing and executed by both County and Lessee with the formalities hereof. IN WITNESS WHEREOF, the parties have caused this lease to be executed this day of 2012. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK B Deputy Clerk WITNESSES: � 1 q, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor /Chairperson Marathon Landing and Flying Club, Inc. N `=`1 By ° — n -� Q o wz Title _- a o r p O i �.; i • EXHIBIT "A" 7 VI ___-_- _-.., \_..\ Ei 1 EXISTING Y APPROACH SURFACE p o (34.1 SLOPE) 73 -'"- AMIN BLVD. 7 \__ �.. ..s aft-__r:aw� � _it -.c , i.+�^•' a�>•Ir. 7:1 TRANSI TIONAL SURFACE f PROPOSED HANGAR ,' car_ -, — ----APT--. _ 0g+��0, . I , 2 a MONIIIMINNi'ii211® Ilt 54tr— • • 7 . 1� • • I • a /p EXISTING TAXIWAY "E' a O r RUNWAY 25 END © 0 I ' EL. 5.2 �J ' -' < — ( ( K — —`Uy ", to . _ \\ \ 34:1 SLOPE d- I �.- I i w TANK ■ NI 'T•I 0 TAXIWAY 'A. m H w� f \� --1-'-� �� RPZ ( 1 _ J CCJEDE x:1 TRANSITIONAL SURFACE • tit. '.. FUEL s,�1 TANK . wS ' +tea. •t y ika. ,S-e :7 MI- L r...... • .: ,e,g L ACILJTY/ �rr ----as„ , a 0jT C.::::). 4 IN�, oo' LEGEND ©© 0 /'� �• g; PROPOSED HANGARrOlf a r © y' • \ \a°j O'� ``/ o� -- IMAGINARY SURFACE '' © f 8' 7FF73/ ,r, LOCATION OFFSET PART 77 APPROACH SURFACE CLEARANCES m POINT DISTANCE FROM RUNWAY END1 OFFSET FROM RUNWAY CL2 POINT BUILDING EL. (MSL) SURFACE EL. (MSL) PENETRATION OA 819' 326' RIGHT 0 30* 25 5' o 0819' 366' RIGHT 025* 23 2' N © 919' 326' RIGHT *PROPOSED BUILDING MSL ELEVATIONS ARE BASED ON ESTIMATED N ROOF PITCH AND DOOR HEADER BEAM DESIGN. GROUND ELEVATION OD 919' 366' RIGHT AT SITE OF HANGAR IS ASSUMED TO BE 5 MSL. AN Ocv ACTUAL HANGAR DIMENSIONS MAY VARY BASED ON HANGAR MUFACTURER. 0 869' 326' RIGHT 3 NOTE. ALL ELEVATIONS ARE ABOVE MEAN SEA LEVEL MSL (NGVD 88) n 1 ALL DISTANCES MEASURED FROM APPROACH END OF RUNWAY 25. Cr 2 ALL DISTANCES MEASURED FROM CENTERLINE AND APPROACHING RUNWAY 25. o HANGAR COORDINATES POINT LATITUDE LONGITUDE HEIGHT (AGL) NORTHING3 EASTING3 N Q 24'43'49.946' N 081'02'33.036. W 20' 144340.618 642057.613 ® 24'43'50.311. N 081'02'33.204' W 20' 144377.521 642042.181 Lri o CO 24'43'50.328. N 081'02'32.035. W 20' 144379.197 642149.871 300 0 300 a QD 24'43'50.694. N 081'02'32.203. W 20' 144416.101 642134.439 i 0 1® 24'43'50.137. N 081'02'32.536. W 25' 144359.908 642103.742 GRAPHIC SCALE IN FEET o+ 3 STATE PLANE, NAD83 (0901 - FlORIDA EAST, U S, FEET) 0 a, The Florida Keys RUNWAY 25 ,,` lj Marathon Airport CFR PART 77 IMAGINARY SURFACE FIGURE: ' Monroe County, Florida uses INSTRI*ENT APPROACH SURFACE) 1