Item C23County of Monroe
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BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
March 15, 2017
Agenda Item Number: C23
Agenda Item Summary #2734
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
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AGENDA ITEM WORDING: Approval of 1st Amendment to Lease Agreement with Tesla
Motors, Inc. to remove language that prohibited Tesla from charging customers a fee for use of the
super charger facility at The Florida Keys Marathon International Airport. Additionally, Tesla's
annual rent will be increased from $6,090.34 to $7,003.89(plus taxes ) annually.
ITEM BACKGROUND:
Tesla Motors, Inc. is currently changing their pricing structure for its network of rapid charging
stations around the world. The original lease with Tesla dated November 18, 2014 included
language that prohibited the lessee from charging or requiring payment of any type of fee for the use
of the charging station. To accommodate the new pricing structure, Tesla has requested that this
language be removed.
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2014 — Original lease for the construction of a charging station in the Main Terminal
parking lot of The Florida Keys Marathon Int'l Airport.
CONTRACT /AGREEMENT CHANGES:
Increasing rent and changing original agreement wording.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Tesla Agreement.
FINANCIAL IMPACT:
Effective Date: 3/15/2017
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: N/A
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $7,003.92 plus tax annually.
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
02/28/2017 1:35 PM
Donald DeGraw
Completed
02/28/2017 1:37 PM
Pedro Mercado
Completed
02/28/2017 2:01 PM
Budget and Finance
Completed
02/28/2017 2:40 PM
Maria Slavik
Completed
02/28/2017 2:42 PM
Kathy Peters
Completed
02/28/2017 6:10 PM
Board of County Commissioners
Pending
03/15/2017 9:00 AM
FIANI 1 M77
FLORIDA KEYS MARATHON AIRPORT
TESLA MOTORS, INC.
WHEREAS, on the 18th day • November 2014 the parties entered into a lease
��greement (hereafter "Original Lease") for purposes of providing charging stations for Tesla
vehicles; and
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WHEREAS, the Lessor has agreed to amend certain terms and Lessee has agreed to reset
the base level of the rent; and
WHEREAS, the parties have found the Original Agreement to be mutually beneficial;
now, therefore
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IN CONSIDERATION of the mutual covenants and agreements set forth below, the
parties agree to amend the Original Lease as follows:
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Section 1. Paragraph 1) of the Original Lease is amended by revising the following
subparagraph to read as follows:
1. Premises. The COUNTY does hereby lease to LESSEE, and LESSEE leases
from the COUNTY, four (4) parking spaces and an adjacent parcel of land located at the Florida
Keys Marathon Airport, hereafter the "Premises", as described in Exhibit "A" attached hereto
and incorporated herein.
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LESSEE shall use and occupy the Premises during the term of tenancy for an electric
vehicle charging station and incidental purposes, including generating PV electricity and
operating an energy storage system. All use of the Premises by LESSEE shall comply with
applicable codes, laws, and ordinances.
NO OTHER USE OF THE LEASED PREMISES IS PERMITTED WITHOUT FIRST
OBTAINING WRITTEN APPROVAL FROM THE COUNTY.
Any improvements made by the LESSEE to the Premises automatically become the
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property of the County upon the termination of this Lease or any subsequent extensions, unless
terminated due to a default of County.
Section 2. Paragraph 3) • the Original Lease is amended • revising the following
subparagraph to read as follows:
3. Rent. Beginning on April 1, 2017 the rent for the premises as depicted in Exhibit
A (which includes (4) four parking spaces with a total area of 18' by 37 and an adjacent 18' by
19' parcel) shall be $583.66 per month, $7,003.89 per year, plus applicable state sales tax, with
the monthly rent due and payable beginning on the first day of each month. All rental payments
are due at the Airport Office, 9400 Overseas Highway, Suite 200, Marathon, FL 33050.
The annual rental sum will be adjusted each year by a percent equal to the increase in the
CPl for all urban consumers (CPI-U) above that of the prior calendar year. In the event of a
deflationary CP1, no adjustment in the rental rates will be made.
Section 3. All other provisions of the November 18, 2014 Original Lease not inconsistent
herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused these presents to be executed by their
urespective officer or representative thereunto duly authorized, the day and year first above
written.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By_
Deputy Clerk
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