Item B24M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: B.24
Agenda Item Summary #3384
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of a 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 /yr for MCSO to construct a 7,200 sq. ft. shooting range facility for law
enforcement/qualification purposes.
ITEM BACKGROUND: MCSO has a need for a buildable parcel to construct a facility for law
enforcement training /qualification purposes. A suitable location for this facility is available at
Marathon Airport.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
New
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
MCSO shooting range Lease Agreement.
MTH Appraisal Addendum (9 6 17)
FINANCIAL IMPACT:
Effective Date: 09/20/2017
Expiration Date: 09/19/2057
Total Dollar Value of Contract: one -time payment of $1,800.00 and then $21,600.00 /yr.
Total Cost to County: none
Current Year Portion:
Budgeted: no
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: one -time payment of $1,800.00 and then
$21,600.00 /yr
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
09/05/2017 11:46 AM
Pedro Mercado
Completed
09/05/2017 12:09 PM
Budget and Finance
Completed
09/05/2017 1:11 PM
Maria Slavik
Completed
09/05/2017 1:11 PM
Kathy Peters
Completed
09/05/2017 2:10 PM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
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:
2. Term.
The to of this agreement shall be forty (40) years commencing on September 20, 2017 and
ternmating on September 19, 2057.
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 darnages
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.
6. Lessee's Covenants
b) Lessee agrees to make no exterior architectural changes without the consent in writing
of the Airport Manager, whose consent will not bon easonably withheld.
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
9. Rivhts 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 drlaintenance of Pre ices b� 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:
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,
114 Assi entlu lease,
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.
14. Binding Effect.
The teens, 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.
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.
or making of this Agreement. For the breach or violation of this provision, Lessee agrees that
Lessor shall have the right to terrninate 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.
25. Execution in Countern art
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. P h �Headihs.
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 who 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
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.
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 the 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
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3I. 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.
This agreement is the parties' final mutual understandin , a It replaces any earlier
agreements or understandings, whether written or oral. This agreement cannot be modified or
replaced except by another written and signed agreement.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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Mayor George Neugent
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Exhibit A
Lease Agreement
Monroe County Sheriff's Office
Monroe County — Lease Document
BOCC Agenda Item — September 20, 2017
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MCSO Shooting Range
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*Approximate Location
Florida Keys Marathon International Airpo B.24.a
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Mr. Don DeGraw, Director of Airports
Florida Keys Marathon International Airport
September 1, 2017
Page 1
September 1, 2017
Mr. Don DeGraw
Director of Airports
Florida Keys Marathon International Airport
9400 Overseas Highway
Marathon, Florida 33050
RE: Fair Market Rent Analysis Considering FDOT Easement
Proposed Site for Monroe County Sheriff Office Shooting Range
Florida Keys Marathon International Airport
Marathon, Florida 33050
Our File No.: 156 -17- Amended
Dear Mr. DeGraw:
Pursuant to your request, the appraisers revisited the above referenced appraisal report and
determined that we overlooked the negative effect of the Florida Department of Transportation
retention pond. The Florida Department of Transportation has a perpetual easement on the
subject property which restricted the future use. Hence, the use is restricted to uses that will not
disturb the water flow or the percolation of the retention pond Our appraisal report indicated the
market rent of the subject property without any restrictions or encumbrances.
The subject property is encumbered by a negative easement as defined by the Dictionary of Real
Estate Appraisal Sixth Edition published by the Appraisal Institute as follows:
" Negative easement An easement preventing a property owner from certain, otherwise
permitted, uses of his or her land, e.g., agreeing not to do something such as building a wall or
fence blocking an adjoining property's view." In the case at hand, it is the obstructing the flow
or drainage of water onto the subject property.
Hence, upon analyzing the negative influence of the easement, the appraisers adjusted the
original market rent to reflect the impact of this easement. Furthermore, we also revisited the
most similar land lease comparables. You notified us that the site size stated in the appraisal has
been amended. The new site size will consist a vacant scarified site with 100 linear feet fronting
on the service road to the Florida Keys Marathon International Airport and 72 feet in depth a
total of 7,200 square feet. The lessee is proposing to build a 7,200 square foot structure to be
utilized as a shooting range for the sheriff's department.
Based on further analysis of market rental rates for similar land leases within the subject's market
Mr. Don DeGraw, Director of Airports
Florida Keys Marathon International Airport
September 1, 2017
Page 2
area and taking the Florida Department of Transportation easement into consideration, it is our
opinion that on May 30, 2017, when a site visit and market analysis of the premises was made,
that the Fair Market Rent, on a modified gross basis, is as follows:
Fair Annual Market Rent (Rounded): $ 22,900.00
Fair Monthly Market Rent (Rounded): $ 1,908.33
Fair Annual Rent /S.F. of Site Area: $ 3.18
Modified Gross terms require the tenant to be responsible for all utilities including electric,
water, sewer, solid waste collection, telecommunications service, building and hazard insurance
and normal cleaning service and routine maintenance of the premises, while the landlord is
responsible for real estate taxes, property management and reserves. However, because the
subject property is located on a government agency site there is no real property tax burden;
therefore, the appraisers have adjusted the comparable rentals to modified gross terms.
Further, documentation and supporting data are retained within the appraisers' workfiles. If you
have any questions regarding this appraisal report, please feel free to contact us. Thank you for
giving us the opportunity to provide this service for you. This transmittal letter revising the
initial report should be attached to the original appraisal report.
Sincerely,
James E. Wilson, MRICS, President
State - certified general real estate appraiser
RZ 2164
email: Jim ,fla- keysappraisals.com
Richard Padron, CCIM, MSA
State - certified general real estate appraiser
RZ 544
email: richard fla- keysappraisals.com
C:A Comm -17 \156 -17 \Appraisa1 Addendum 156- 17.wpd