Item C09C oun t y of Monr
ELj » °o
� i� G�,
�
BOARD OF COUNTY COMMISSIONERS
�
Mayor David Rice, District 4
The Florida Ke s lv ',
y
f i
I w;
\
Mayor Pro Tern Sylvia J. Murphy, District 5
; ,= _ :' j
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: C.9
Agenda Item Summary #3676
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809 -5200
none
AGENDA ITEM WORDING: Approval of 1st Amendment to Lease Agreement with Federal
Express Corporation (FedEx) changing the 8,842 square foot ramp space (aircraft apron) adjacent to
the air cargo building from exclusive lease space to preferential use so that the ramp will be eligible
for A.LP grant funding for the Commercial Ramp Rehabilitation Project at the Key West
International Airport.
ITEM BACKGROUND: The County is in the process of completing the commercial ramp
rehabilitation project at the Airport. In order for the 8,842 square foot ramp (aircraft apron)
presently leased to FedEx to be eligible for A.I.P. grant funding the county has to be in control of the
ramp space. To effect this the original lease must be amended changing the ramp space from an
exclusive FedEx space to a County controlled space with FedEx being granted preferential use when
not otherwise needed by the County. Rent for the ramp space for Year 4 (October 1, 2017 —
September 30, 2018) and Year 5 (October 1, 2018 — September 30, 2019) will be reduced by 50% of
the original rent.
PREVIOUS RELEVANT BOCC ACTION: On March 18, 2015, the BOCC approved a five -year
lease with FedEx at the Key West International Airport.
CONTRACT /AGREEMENT CHANGES:
Changes the 8,842 sq. ft ramp lease space from exclusive space to preferential use and reduces rent
for the ramp space by 50% for Year 4 (reduction of $893.26) and Year 5 (reduction of $920.06) for a
total reduction of $1,813.32.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
FedEx 1 st Amendment
FINANCIAL IMPACT:
Effective Date: 10/01/2017
Expiration Date: 09/30/2019
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto
Completed
11/28/2017 1:45 PM
Donald DeGraw
Skipped
11/28/2017 1:12 PM
Pedro Mercado
Completed
11/28/2017 1:52 PM
Budget and Finance
Completed
11/28/2017 2:53 PM
Maria Slavik
Completed
11/28/2017 3:02 PM
Kathy Peters
Completed
11/28/2017 3:48 PM
Board of County Commissioners
Pending
12/13/2017 9:00 AM
V AMENDMMENT TO LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
Federal Express Corporation
THIS IIt AMENDMENT TO LEASE AGREEMENT is made and entered into on this 20
day of September, 2017, by and between MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" and FEDERAL EXPRESS CORPORATION,
hereinafter referred to as "FEDEX."
WHEREAS, on March 18, 2015 the COUNTY and FEDEX entered into a Lease Agreement
(hereinafter "Original Agreement ") at the Key West International Airport, located in Key West,
Monroe County, Florida, hereinafter referred to as "AIRPORT," and
WHEREAS, the COUNTY is in the process of completing a commercial ramp rehabilitation
project, and
WHEREAS, the commercial ramp rehabilitation project is being funded by an A.I.P, grant,
and
WHEREAS, both parties desire that the ramp (aircraft apron) area adjacent to the air cargo
building be included in the commercial ramp rehabilitation project, and
WHEREAS, both parties desire to amend the lease in order to make the ramp (aircraft apron)
adjacent to the air cargo building eligible for the A.I.P. funded convnercial ramp rehabilitation project,
NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises
hereinafter contained, the parties hereto do hereby agree as follows:
SECTION 1. Article 1, Premises. of the Original Agreement is amended to read as follows;
1. Premises. COUNTY does hereby lease to FEDEX, and FEDEX leases from the
COUNTY, the Air Cargo building presently located at the Airport, containing two thousand, nine
hundred, seventy —three (2,973) sq. ft, of gross building area, and nine thousand, five hundred thirty-
five (4,535) square feet of open land adjacent to the building, FEDEX shall receive "Preferential Use"
of the aircraft apron measuring approximately eight thousand, eight hundred forty -two (8,842) square
feet as indicated on the drawing labeled as Exhibit "A" attached hereto and made a part hereof
( "Preferential Use Apron Area ").For purposes of this Amendment, Preferential Use shall mean that at
those times that FEDEX has no aircraft parked on one or more aircraft parking positions in the area,
the COUNTY may authorize others to use and assign other aircraft to park in the Preferential Use
Apron Area, but in no event shall said use by others take precedence over FEDEX's use, FEDEX shall
have the right to locate any number of aircraft within the Preferential Use Apron Area for the purpose
of loading, unloading, servicing, or parking aircraft. FEDEX shall not park aircraft in such a manner
as would prohibit access, ingress, and egress to and from all aircraft parking positions by aircraft, ramp
equipment, and traffic of other airlines.
SECTION 2. Article 4, Rentals and Fees, of the Original Agreement is amended to read as
follows;
Packet Pg. 148
C.9.a
4. Rentals and Fees For each year during the term of this lease, FEDEX shall pay to
the COUNTY, rent in the following amounts:
a) for the area of two thousand, nine hundred seventy -three (2,973) square feet, in
the existing Air Cargo building;
Year 1 (Oct. 1, 2014 - Sept. 30, 2015) Three Thousand, Nine Hundred Sixty -Four and 001100
Dollars ($3964.00) per month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) Four Thousand, Two Hundred One and 841100 Dollars
($4,201,84) per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 - Sept, 30, 2017) Four Thousand, Four Hundred Fifty -Three and 951100
Dollars ($4,453.95) per month rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 --- Sept. 30, 2018) Four Thousand, Seven Hundred Twenty -One and 191100
Dollars ($4,721.19) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept, 30, 2019) Four Thousand, Eight Hundred Sixty -Two and 821100
Dollars ($4,862.82) per month rent plus applicable sales tax.
b) for an area of nine thousand, five hundred thirty -five (9,535) square feet of open
land adjacent to the Air Cargo building, for use for loading, unloading, and parking of automotive
vehicles;
Year 1 (Oct. 1, 2014 - Sept. 30, 2x15) One Thousand and 001100 Dollars ($1,000.00) per
month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) One Thousand, Sixty and 001100 Dollars ($1,060.00)
per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 Sept. 30, 2017) One Thousand, One Hundred Twenty -Three and 601100
Dollars ($1,123.60) per month rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 - Sept. 30, 2018) One Thousand, One Hundred Ninety -One and 021100
Dollars ($1,191.02) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept. 30, 2019) One Thousand, Two Hundred Twenty -Six and 751100
Dollars ($1,226.75) per month rent plus applicable sales tax.
C) for an area of Preferential Use of eight thousand, eight hundred forty -two
(8,842) square feet of aircraft apron adjacent to the Air Cargo building;
Year 1. (Oct. 1, 2014 - Sept. 30, 2015) One Thousand, Five Hundred and 001100 Dollars
($1,500,00) per month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) One Thousand, Five Hundred Ninety and 001100 Dollars
($1,590.00) per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 - Sept. 30, 2017) One Thousand, Six Hundred Eighty -Five and 401100
Dollars ($1,685.40) per 3nonth rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 - Sept, 30, 2018) Eight Hundred Ninety -Three and 261100 Dollars
($893.26) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept. 30, 2019) Nine hundred twenty and 061100 Dollars ($920.06) per
month rent plus applicable sales tax.
Rent for items a, b, and c shall be paid in equal monthly installments, all of which shall be due
and payable on or before the first day of each calendar month during which this lease is in effect.
Upon the failure of FEDEX to pay any installments when due, the COUNTY will be entitled to charge
and collect, and FEDEX will be obligated to pay, a late fee of two percent (2 %) of any such amount, if
paid within thirty (30) days of the date due, and five percent (5 %) of any such amount, not paid within
thirty (30) days of the date due, Such late fees will be in addition to the amount of rent due. The
acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what
2
Packet Pg. 149
C.9.a
would otherwise constitute a default by FEDEX under the terms of this lease. The COUNTY, at its
option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and
proceed according to paragraph 36 of this lease. In the event that any check, draft, or negotiable
instrument by which FEDEX has tendered any rent payment is returned to the COUNTY and not
honored, whether for insufficient funds or other reason, the COUNTY will be entitled to charge and
collect, in addition to any applicable late payment fees as provided above, a fee of Twenty -five Dollars
($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of
rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and
penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a
default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered
rental installment and applicable late fees and penalties, declare a default, and proceed according to
paragraph 36 of this lease.
SECTION 3, All other provisions of the March 18, 2015 Original Lease Agreement not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREDr, the parties have caused this lease to be executed this
of _ , 201 7.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Kevin Madok, CLERK OF MONROE COUNTY, FLORIDA
By By. —
Deputy Clerk Mayor George Neugent
FEDERAL EXPRESS CORPORATION
Witness ti
r By
Witness
Title r r)of e
Approved
Legal Department
AWSTANT COUNTY NEY
Hale f {
C
Packet P9. 150
(xgpaA ql!m luawaaa6y asea o; juawpuawy JS� �O Jenoaddy 9MA3) #uawpuawy;sL xgpaA quawyoel ;y
IL
Y f A l l
IF
A, All
� ���� .-X -rte — ! .�' al �'�• �e `�.
+ of �
M n
A .
m F x
f 4 CY) cy� 0 f f i f
X 6] � tir. i I . I�' f • •` 1
�� ti► .t �
L_ CO
4 A C f 1"
0 0- V 41 {I
y � t v I•r1 LJ CO C 4
`:. 7 U J ❑7
a E
.. W - 0
! a3 v X U
CT
C 7 a rn C •+- 1 N o
ai F. 0 .
y L - am