10/18/2017 LeaseC ,-,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 30, 2017
TO: Beth Leto, Airports
Business Manager
FROM: Pamela G. Hancock, D.C.
SUBJECT: October 18th BOCC Meeting
Attached is an electronic copy of the following Items:
B23 Task Order No. 2017 -01, with McFarland Johnson, Inc., in the amount of $116,800.00 for
Engineering Design Services consisting of design, environmental, permitting and bid phase for the
construction of a four (4) Bay Car Wash Facility at the Florida Keys Marathon International Airport to
be used by the Airport's rental car companies and Monroe County Public Works.
B24 Lease Agreement with Monroe County Sheriffs Office (MCSO) for a vacant parcel of
property at the Florida Keys Marathon International Airport in the amount of $21,600.00 /year, for
MCSO to construct a 7,200 sf shooting range facility for law enforcement /qualification purposes.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney via e-mail
Finance via email
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
LEASE AGREEMENT
Monroe County Sheriff Office �k
Monroe County bah
THIS LEASE AGREEMENT is made and entered into on this 2^ day of Soptemb - ar,
2017, by and between MONROE COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "Lessor" or "County ", whose address is 1100 Simonton Street, Key
West, FL 33040, and the SHERIFF of Monroe County, a constitutional officer, hereinafter
referred to as "Lessee" or "Tenant" whose address is 5525 College Rd., Key West, Florida
33040.
WHEREAS, the Lessor is the owner of the Florida Keys Marathon International Airport,
hereafter Airport, that has undeveloped parcels available; and
WHEREAS, the Lessee has a need for a buildable parcel in order to carry out Lessee's
functions, and
WHEREAS, the Lessor is willing to lease a buildable parcel to the Lessee; now, therefore
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained, the parties hereto do hereby agree as follows:
1. Premises.
The County hereby leases approximately 7,200 sq. ft. located at the Florida Keys Marathon
International Airport as shown on Exhibit A to be used by the tenant for law enforcement
training/qualification purposes. The premises are leased in an as is condition. The Tenant may
develop the premises to accommodate a shooting range and office. The Tenant shall be entitled to
use, in common with others authorized to do so, the Airport and appurtenances, together with all
facilities, equipment and parking areas.
2. Term.
The term of this agreement shall be forty (40) years commencing on September 20, 2017 and
terminating on September 19, 2057.
3. Termination.
a) Tenant may terminate this lease upon (30) days written notice in the event any permitting
agency having jurisdiction over the premises denies any permit application required for
construction of the shooting range and office facilities.
b) This Agreement may be terminated at the discretion of the County in the following
circumstances:
i) Lessee fail to pay the rent when due;
ii) Lessee fail to obtain the insurance required under this lease or allows the
required insurance coverage to lapse or fall below the minimum required;
iii) Lessee otherwise breaches the terms of this lease.
iv) Cancellation is required to accommodate future Airport growth, or
V) Cancellation is required due to F.A.A. requirements.
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Unless the County has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default/breach under the terms of this agreement. In
the case of the default/breach occurrences described in subparagraphs 3.b)i), ii), or iii), the County
shall first give the LESSEE a written notification stating the default/breach. The Lessee shall be
notified that he has 10 days to correct the default/breach. If the nature of the default/breach is such
that it cannot be cured in 10 days, the Lessee shall inform the County in writing of the reason why
the default/breach cannot be cured in 10 days and shall provide a written plan showing how the
default/breach will be cured in a timely manner. If the Lessee has not corrected the default/breach at
the end of the 10 days or if the Lessee has provided a cure plan, which the Lessee has failed to timely
and diligently execute, then the County may cancel the lease in its discretion. In the case of
cancellation occurring as described in subparagraphs 3b)iv) or (v), County shall provide Lessee 90
days notice. In the event of cancellation occurring as described in subparagraphs 3b)iv) or (v) the
County, at County expense, shall relocate the Lessee's leasehold and the building to an alternate site
in accordance with Florida Keys Marathon International Airport ALP.
4. Rent.
The initial rent for the premises during design, development and construction shall be a one-
time payment of $1,800.00 due and payable 30 days after execution of this lease by the County.
Thereafter, beginning on the first day of the month following receipt of the certificate of occupancy
the rent for the premises shall be $21,600 per year (pro -rated for the initial year of occupancy) and
shall be due and payable on or before the 15' day of January. Rental rates thereafter will be
increased by a percentage equal to the percentage increase in the CPI -U for all urban consumers for
the previous calendar year. In the event of a deflationary CPI, no adjustment in the rental rates
will be made.
5. Hold Harmless.
The Lessee, as a state agency or subdivision defined in Section 768.28, Florida Statutes,
agrees to be fully responsible to the limits set forth in such statute for its own negligent acts or
omissions, or intentional tortuous actions, which result in claims or suits against either County or
City, and agrees to be liable to the statutory limits for any damages proximately caused by said
acts or omissions, or intentional tortious acts.
The Lessor, as a political sub - division of the State of Florida, as defined in Section
768.28, Florida Statutes, agrees to be fully responsible to the limits set forth in such statute for its
own negligent acts or omissions, or intentional tortuous acts, which result in claims or suits
against either the City or County, and agrees to be liable to the statutory limits for any damages
proximately caused by said acts or omissions, or intentional tortious acts.
Nothing contained in this Section shall be construed to be a waiver by either party of any
protections under sovereign immunity, Section 768.28 Florida Statutes, or any other similar
provision of law. Nothing contained herein shall be construed to be a consent by either party to
be sued by third parties in any matter arising out of this or any other Agreement.
Page 2 of 9
6. Lessee's Covenants
a) Lessee shall provide building and all items and equipment needed for the operation
including, but not limited to: range equipment, shelving, display cases, tables, chairs,
refrigeration units, etc. Lessee's items and equipment must be removed from the premises when
this lease terminates. Lessee has the right during the term hereof, at its own expense, at any time
from time to time, to install, maintain, operate, repair and replace any and all trade fixtures and
other personal property useful from time to time in connection with its operation on the Airport,
all of which shall be and remain the property of Lessee and may be removed by Lessee prior to
or within a reasonable time after expiration of the term of this agreement; provided, however,
that Lessee shall repair any damage to the premises caused by such removal. The failure to
remove trade fixtures or other personal property shall not constitute Lessee a hold -over, but all
such property not removed within ten (10) days after Lessee receives a written demand for such
removal shall be deemed abandoned and thereupon shall be the sole property of the Lessor.
b) Lessee agrees to make no exterior architectural changes without the consent in writing
of the Airport Manager, whose consent will not be unreasonably withheld.
7. Public Records Compliance. Lessee must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Lessee shall allow and permit reasonable access to, and
inspection of, all documents, records, papers, letters or other "public record" materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Lessee in conjunction with this Lease and related to Lease
performance. The County shall have the right to unilaterally cancel this Lease upon violation of
this provision by the Lessee. Failure of the Lessee to abide by the terms of this provision shall be
deemed a material breach of this Lease and the County may enforce the terms of this provision in
the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Lessee is encouraged to consult with its advisors about Florida Public Records Law in order
to comply with this provision.
Pursuant to F. S. 119.0701 and the terms and conditions of this Lease, the Lessee is required to:
a) Keep and maintain public records that would be required by the County to perform the
service.
b) Upon receipt from the County's custodian of records, provide the County with a copy
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the Lease term and following completion of the Lease if the Lessee does not transfer the records
to the County.
d) Upon completion of the Lease, transfer, at no cost, to the County all public records in
possession of the Lessee or keep and maintain public records that would be required by the
County to perform the service. If the Lessee transfers all public records to the County upon
completion of the contract, the Lessee shall destroy any duplicate public records that are exempt
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or confidential and exempt from public records disclosure requirements. If the Lessee keeps and
maintains public records upon completion of the Lease, the Lessee shall meet all applicable
requirements for retaining public records. All records stored electronically must be provided to
the County, upon request from the County's custodian of records, in a format that is compatible
with the information technology systems of the County.
e) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Lessee of the request, and the Lessee must provide the records to the
County or allow the records to be inspected or copied within a reasonable time.
IF THE LESSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS LEASE, CONTACT THE CUSTODIAN OF PUBLIC RECORDS,
BRIAN BRADLEY, AT (305) 292 -3470
8. Lessor's Covenants
a) The Lessor does not make any representations or warranties regarding the premises
beyond those set forth in this agreement. The taking of possession of the premises by the Lessee
is conclusive evidence that the premises were in good and satisfactory condition when the Lessee
took possession. In no event will the Lessor be liable for any building construction defects
whether in the premises or elsewhere in the Terminal Building.
b) In the event the premises are partially damaged by fire, explosion, the elements, the
public enemy or other casualty, but not rendered untenable, then the premises will be repaired
with due diligence by Lessor at the Lessor's cost and expense. If the damage is so extensive that
the premises are rendered untenable but capable of being repaired within 90 days, then the
premises will be repaired with due diligence by Lessor at the Lessor's cost and expense. The
rent payable under this lease will be waived until the premises are fully restored. If the premises
are completely destroyed or so damaged that the premises will be untenable for more than 90
days, the Lessor is under no obligation to repair and reconstruct the premises, and the rent must
be paid only up to the time of the damage or destruction and then the obligation to pay rent
ceases until the premises are fully restored. If within 30 days after the damage or destruction the
Lessor fails to notify Lessee of the Lessor's intention to repair or reconstruct the damaged or
destroyed premises, or to furnish a substantially equivalent facility, then the Lessee may give
Lessor written notice of its intention to then cancel this agreement.
9. Rights Reserved.
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.
10. Inspection and Maintenance of Premises by Lessor.
Lessor and its authorized officers, employees, agents, contractors, subcontractors and
other representatives shall have the right to enter upon the leased premises for the following
purposes:
Page 4 of 9
a) to inspect the leased premises at reasonable intervals during regular business
hours (or at any time in case of emergency) to determine whether Lessee has complied and is
complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of existing
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 Lessee and,
provided further, that the entire cost of such work, including but not limited to the cost of
rebuilding, removing, relocating, protecting or otherwise modifying any fixed improvements at
any time erected or installed in or upon the leased premises by Lessee, the Lessor or third parties,
as a result of the exercise by the Lessor of its rights hereunder, and all damage to such fixed
improvements caused thereby, shall be borne by the Lessor.
11. Assignment/Sublease.
The Lessee may not assign this agreement, or any part of it, or sublease the premises, or
any portion of the premises, without the written approval of the Lessor which shall not be
unreasonably withheld. The terms of this Lease Agreement shall be binding on the heirs,
executors, administrators, sub - lessees and assigns of Lessee.
12. Nondiscrimination.
Lessee agrees that there will be no discrimination against any person. Lessee agrees to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of
1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 -
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and
290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13 -101, et seq., Monroe County Code, relating
to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identify or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
13. Severability
If any term, covenant, condition or provision of this Agreement (or the application
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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 Agreement, shall not be affected thereby; and each remaining term, 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 Agreement would prevent the accomplishment of the original intent of this
Agreement. Lessor and Lessee agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
14. Binding Effect.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of Lessor and Lessee and their respective legal representatives, successors, and
assigns.
15. Authority.
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate
action, as required by law.
16. Cooperation.
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, Lessor and
Lessee 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 Agreement or provision
of the services under this Agreement. Lessor and Lessee specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
17. Covenant of No Interest.
Lessor and Lessee 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
Agreement, and the only interest of each is to perform and receive benefits as recited in this
Agreement.
18. Code of Ethics.
County agrees that officers and employees of the County 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.
19. No Solicitation/Payment.
Lessor and Lessee 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 Agreement 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
Page 6 of 9
or making of this Agreement. For the breach or violation of this provision, Lessee agrees that
Lessor shall have the right to terminate this Agreement 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.
20. Non - Waiver of Immunity.
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the
Lessor and the Lessee in this Agreement and the acquisition of any commercial liability
insurance coverage, self - insurance coverage, or local government 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 Lessor be required to contain any provision for waiver.
21. Privileges and Immunities.
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers, agents, or employees of any public agents or employees of the
Lessor, when performing their respective functions under this Agreement within the territorial
limits of the Lessor shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial
limits of the Lessor.
22. Legal Obligations and Responsibilities.
Non - Delegation of Constitutional or Statutory Duties. This Agreement 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 Agreement is not intended to, nor
shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the
Lessor, except to the extent permitted by the Florida Constitution, State Statute, and case law.
23. Non - Reliance by Non - Parties.
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of
any service or program contemplated hereunder, and the Lessor and Lessee agree that neither the
Lessor nor Lessee 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 Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
24. No Personal Liability.
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason
of the execution of this Agreement.
Page 7 of 9
25. Execution in Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
26. Other Use.
Lessee shall not use or permit the use of the demised premises or any part thereof for any
purpose or use other than an authorized by this agreement.
27. Paragraph Headings.
Paragraph headings herein are intended only to assist in reading identification and are not
in limitation or enlargement of the content of any paragraph.
28. Notices.
Any notice of other communication from either party to the other pursuant to this
agreement is sufficiently given or communicated if sent by registered mail, with proper postage
and registration fees prepaid, addressed to the party for whom intended, at the following
addresses:
For Lessor:
Thomas J. Henderson
Assistant Director of Airports
Florida Keys Marathon International Airport
9400 Overseas Highway, Suite 200
Marathon, FL. 33050
(305) 289 -6060
For Lessee:
Patrick McCullah, General Counsel
Monroe County Sheriff's Office
5525 College Rd.
Key West, Fl. 33040
(305) 292 -7020
or to such other address as the party being given such notice shall from time to time designate to
the other by notice given in accordance herewith.
29. Governing Law, Venue, Interpretation.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the Lessor and Lessee agree that venue will lie
in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The Lessor and Lessee agree that, in the event of conflicting interpretations of the terms
or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
30. Attorney's Fees and Costs.
The Lessor and Lessee agree that in the event any cause of action or administrative
Page 8 of 9
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, 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 Agreement shall be
in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
31. Mutual Review.
This agreement has been carefully reviewed by the Lessee and the Lessor. Therefore,
this agreement is not to be construed against either party on the basis of authorship.
32. Final Understanding.
Tp agreement is the parties' final mutual understanding. It replaces any earlier
agreements :nderstandings, whether written or oral. This agreement cannot be modified or
replacedlt another written and signed agreement.
AL
BOARD OF COUNTY COMMISSIONERS
IN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By By 4 !�!q
Deputy Clerk Mayo George Neugent
ATTEST:
MONR C
By
Sheriff Rick Ramsay
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