Consent to Assignment 08/20/2008 _
DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: September 11, 2008
TO: Suzanne A. Hutton
County Attorney
ATTN: Kathy M. Peters
Executive Assistant
FROM: Pamela G. Han c
Deputy Clerk
At the August 20, 2008, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Consent to Assignment of Lease assigning the FKAA
ground lease for the Little Venice treatment plant at the Marathon Airport from FKAA to the
City of Marathon.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions, please do not hesitate to contact this office.
cc: Finance
File "
ASSIGNMENT AND ASSUMPTION OF LEASEHOLD
THIS AGREEMENT for the Assignment and Assumption of Leasehold is entered into
this 30th day of September 2008, by and between the FLORIDA KEYS AQUEDUCT
AUTHORITY (FKAA) Assignor, an independent special district of the State of Florida, and the
City of Marathon, Florida (City) Assignee, a Florida Municipal Corporation:
WHEREAS, The County of Monroe leased to Florida Keys Aqueduct Authority
approximately 21,853 s.f. of a parcel of land at the Florida Keys Marathon Airport, Marathon,
Florida, through an Agreement dated March 15, 2000, and amended on June 20, 2001, and July
14, 2004; and
WHEREAS, The County of Monroe leased to Florida Keys Aqueduct Authority
approximately 2,438 s.f. of a parcel of land at the south end of Florida Keys Marathon Airport,
Marathon, Florida, adjacent to the space designated in Paragraph 1 above through the Second
Amendment to Agreement dated July 14, 2004; and
WHEREAS, the FKAA constructed and now operates the Little Venice Wastewater
Treatment Facility on the above-described parcels of land; and
WHEREAS, the Florida Keys Aqueduct Authority, pursuant to the Little Venice
Transfer Agreement, effective September 30, 2008, has transferred to the City of Marathon and
the City has accepted all of the FKAA's right, title and interest in the Little Venice Wastewater
System of which the Little Venice Wastewater Treatment Facility is located on the above-
described parcels of land; and
WHEREAS, the existing lease requires an assignment document for the Florida Keys
Aqueduct Authority to assign the lease to the City of Marathon; now therefore,
IN CONSIDERATION of the mutual promises and benefits set forth below, The FKAA
and the City of Marathon agree as follows:
1. FKAA assigns to the City all of the Assignor's rights, title and interest in the original
agreement and the amendments thereto. A copy of the original agreement and amended
agreements are attached hereto as Exhibit A.
2. The County of Monroe has consented to the Lease Assignment by executing a Consent to
Assignment of Lease, which is attached hereto as Exhibit B, under the same terms and
conditions as the original lease as amended.
3. All responsibilities, liabilities, privileges and immunities held by the FKAA pursuant to the
lease are hereby transferred to the City.
4. Rent payments shall be made by the Assignee City of Marathon payable to the Marathon
Airport and sent to Key West Airports business office at 3491 S. Roosevelt Blvd., Key West,
Fl 33040.
Assignment of Lease; Little Venice
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
1
(SEAL) FLORIDA 9A ®CT A THORITY
BY: IA66
es C. Rey olds, Executive Director
= ATTEST:
Kat ryn A. Ovide, Records Clerk
CITY MARATHON
(SEAL)= - BY:
Clyde urnett, ity Manager
ATTEST:
- -(calb.
aEOIUL&L
Clerk
Assignment of Lease; Little Venice
r �
•
LEASE - r IEEFiE. IT THIS LEASE AGREEMENT is entered into on this S� day of ivy-ea" 1�`/
, 2000,
by and between Monroe County, a political subdivision of the State of Florida, whose address is
5100 College Road, Key West, FL 33040, hereafter County, Lessor, or Owner, and the Florida Keys
Aqueduct Authority, an independent special district, whose address is 1100 Kennedy Drive, Key West,
FL 33040, hereafter FKAA, Lessee or Tenant. This agreement is entered into pursuant to Sec.
163.01, FS.
WITNESSETH:
IN CONSIDERATION of the mutual promises and benefits set forth below, theartes aee
ar-=�= ?a.•
nY
follows: I -•e
co
1. a) The County leases to FKAA a parcel of land at the Florida Keys Ma tnie A iorgs
depicted on Exhibit A, hereafter the premises. Exhibit A is attached to this agreemenFanenag a
part of it. The County must also provide and keep open ingress and egress to the premises sufficient
to allow for the passage of the FKAA vehicles, including trucks and construction equipment.
b) The County is fee simple owner of the premises and covenants and agrees that the
FKAA shall have quiet enjoyment of the premises during the term of this lease except as is provided
in paragraph 7.
2. The term of this lease is twenty (20) years, beginning on the date first written above.
The annual rent for the premises is $19,866.23 per year. (The rent amount is based on 91 cents per
square foot multiplied by the premises 21,853 square feet.) The annual rent is due on the date the
construction of the wastewater treatment facility authorized in subparagraph 3(b) begins and
thereafter on the anniversary of that date for each year this lease remains in effect. If the FKAA does
not begin construction of the facility within one year from the date first written above, then the first
rental payment will be due one year from that date and then on the anniversary of that date for each
year this lease remains in effect. Following the initial year of this lease, the annual rental sum will be
EXHIBIT A
adjusted each year by a percent equal to the increase in the CPI for all urban consumers above that
of the prior year. Alternatively, and in the discretion of the Monroe County Airport Director, following
the initial year of this lease, the annual rental sum may be increased by the amount required by an
updated rate and charges study prepared by a professional airport consultant and approved by the
FAA.
3. a) The premises are leased to the FKAA for the purposes of constructing, operating and
maintaining a waste water treatment facility. The facility must be constructed, operated and
maintained according to all applicable DEP and EPA statutes and regulations.
b) The FKAA is authorized to construct a wastewater treatment facility at its expense, on
the premises. The facility must be built in conformity with the applicable building codes, and DEP and
EPA statutes and regulations. Before commencing construction the FKAA must obtain the
development approvals and building permits that are required by the governmental entities having
jurisdiction over the facility. When the facility is complete the FKAA must furnish the Monroe County
Airport Director, in a form satisfactory to him, certification from a Florida licensed PE or architect that
the facility was built in conformity with all applicable building codes, and DEP and EPA regulations.
c) The waste treatment facility will remain the property of the FKAA during the term of
this lease and upon the termination of the lease the FKAA will quietly and peaceably deliver up the
premises to the County, close down and remove the waste water treatment facility and restore the
premises to their pre-lease condition.
d) During the term of this lease the FKAA is responsible for all maintenance and repairs to
the facility. All maintenance and repairs must be of the same or better quality as the original work
and conform to all applicable building codes, and DEP and EPA regulations.
4. The FKAA may terminate this lease before it would otherwise expire pursuant to
paragraph 2 by giving the County 60 days written notice of such termination
2
5. a) During the term of this lease the FKAA must keep in force and effect the insurance
described in Exhibit B. Exhibit B is attached to this Agreement and made a part of it.
b) The FKAA, to the extent authorized by Sec. 768.28, FS, covenants and agrees to
indemnify and hold harmless the County from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by the County) and any other
losses, damages and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of the use of the premises by the FKAA(including the construction of the facility) or any of its
contractors, occasioned by the negligence, errors or other wrongful act or omission of the FKAA or its
contractor(s), employees or agents. The FKAA must at its own expense immediately respond to, and
correct and clean-up, spillage or other release of any effluent or toxic substances on the premises or
on adjacent properties to the satisfaction of DEP and the EPA. The FKAA must indemnify and hold
harmless the County from any claims resulting from any such spillage or other release of effluent or
toxic substances without regard to whether the claims are asserted by the State of Florida,the United
States or private persons. The obligation of indemnification is not vitiated by the insurance
obligations contained in subparagraph 5(a) and Exhibit B.
6. The FKAA is responsible for telecommunications, electrical, sewer, water and solid
waste collection service for the premises.
7. a) The tenant for itself, its personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that: (1) no person on the
grounds of race, color, or national origin shall be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities: (2)that in the construction
of any improvements on, over or under such land and the furnishing of services thereon, no person
on the grounds of race, color, or national origin shall be excluded from participation in, denied the
benefits of, or be otherwise subjected to discrimination; (3) that the tenant shall use the premises in
compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal
3
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation — Effectuation
of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
b) That in the event of breach of any of the above non-discrimination covenants, Airport
Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been
made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal
Regulations, Part 21, are followed and completed including exercise or expiration of appeal rights.
c) It shall be a condition of this lease, that the Lessor reserves unto itself, its successors
and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the real property hereinafter described, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter
used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking
off from or operating on the airport.
That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations, Part 77.
That the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of
the hereinafter described real property which should interfere with or adversely affect the operation
or maintenance of the airport, or otherwise constitution an airport hazard.
d) This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the Airport Owner acquired the subject
property from the United States of America, and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner, and any existing or subsequent amendments thereto and are subject to any ordinances,
4
�J 4_,
rules or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to
the Florida Keys Marathon Airport. .
e) 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.
8. This lease has been carefully reviewed by both the County and the FKAA. Therefore,
this lease is not to be construed against either party on the basis of authorship.
9. This lease agreement represents the parties' final and mutual understanding. It
replaces any earlier agreements or understandings, whether written or oral. This lease cannot be
modified or replaced except by another signed lease or lease amendment.
- 10. A copy of the lease agreement must be filed with the Clerk of the Circuit Court.
„; ITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
l
-_.'r, `- ..=E'f' BOARD OF COUNTY COMMISSIONERS
' Y L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
gy( 'Depu & '
" BY
Mayor/Ch person
ATTEST: FLORIDA KEYS AQUEDUCT AUTHORITY .
By By '-40 :
Title airman/FKAA oard of Directors
Jcfkaa-map Board Approved 3/22/00
APPROVED AS TO FORM
.44�•� FI�C
80'�./
R!:EPT N. .' "—
DATE
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EXH@i;IIT °tB
INSURANCE REQUIREMENT
� r
4 7
1996 Edition
•
(( MONROE COUNTY, FLORIDA
SK MANAGEMENT
P•.'LICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aireraft Activities
Prior to the commencement of work governed by this contract(including the pre-staging of
personnel and material),the Vendor shall obtain, at his/her own expense, insurance as specified
in the attached schedules,which are made part of this contract. The Vendor will ensure that the
insurance obtained will extend protection to all Contractors engaged by the Vendor.
The Vendor will not be permitted to commence work governed by this contract(including pre-
staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the County as specified below.
The Vendor shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the Vendor and its Contractors
until the required insurance has been reinstated or replaced.
The Vendor shall provide,to the County, as satisfactory evidence of the required insurance,
either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County,at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation,non-renewal,
material change, or reduction in coverage unless a minimum of thirty(30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the
Vendor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Administration Instruction
#4709.2 24
( MONROE COUN 1['YMONROECOUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
_
•
CONTRACT ADMINISTRATION__. .
MANUAL.
•
Indemnification and Hold Harmless
. for Ai iport/Airei"aft'Aetivities'`'
The Vendor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death),personal
injury, and property damage (including property owned by Monroe County)and any other losses,
damages,and expenses(including attorney's fees) which arise out of, in connection with, or by •
reason of services provided by the Vendor or any of its Contractors, occasioned by the
•
negligence,errors, or other wrongful act or omission of the Vendor or its Contractor(s),their
employees, or agents.
The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
•
•
•
•
AIR
100
\�J
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONR•E COUNTY, FLO. ':DA
AND
•
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include,as a minimum:
• Premises Operations •
• Products and Completed Operations
• Blanket Contractual Liability '
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition,the period for which claims may be reported should extend for a minimum of twelve
(12) months following_the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLl
54
( , POLLUTION LIABILITY
INSURANCE REQUIREMENTS
_ FOR
CONTRACT
MONROE BETWEEN FLORIDA•• -
MON COUNTY,ROE CO Y, Y RI •
AND
Recognizing that the work governed by this contract involves the storage,treatment,processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency),the Contractor shall purchase and maintain,throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury,property damage, and
environmental damage caused by a pollution incident.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four(4)
years will be required.
POL2
73
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
•
. BETWEEN .
MONROE COUNTY,FLORIDA
AND
•
Recognizing that the work governed by this contract requires the use of vehicles,the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned,Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limits are provided,the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
'Z..1
81
WORKERS' COMPENSATION .
� ' INSURANCE REQUIREMENTS
FOR
CONTRACT
•
BETWEEN •
MI NROE COUNTY, FLORIDA
•
Prior to the commencement of work governed by this contract,the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
•
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer,the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wC1
88
THIS LEASE AMENDMENT is entered into on this
day of June, 2001, by and between
Monroe County, a political subdivision of the State of Florida, whose address is 5100 College Road,
Key West, FL 33040, hereafter County, and the Florida Keys Aqueduct Authority, an independent
special district, whose address is 1100 Kennedy Drive, Key West, FL 33040, hereafter FKAA.
WHEREAS, on March 15, 2000, the parties entered into a lease for a site at the Marathon
Airport (the original lease) for use as a central wastewater treatment plant;
WHEREAS, the parties have determined that it is in their mutual best interest to modify the
date that rent under the original lease first becomes due; now, therefore
WITNESSETH:
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
1. A copy of the original lease is attached to this lease amendment and made a part of it.
2. Paragraph 2 of the original lease is amended to read as follows:
The term of this lease is twenty (20) years, beginning on the date first written above.
The annual rent for the premises is $19,866.23 per year. (The rent amount is based on 91
cents per square foot multiplied by the premises 21,853 square feet.) The annual rent is due
on the date the construction of the wastewater treatment facility authorized in subparagraph
3(b) begins and thereafter on the anniversary of that date for each year this lease remains in
effect or two years from March 15, 2000, whichever occurs first. Following the initial year of
this lease, the annual rental sum will be adjusted each year by a percent equal to the
increase in the CPI for all urban consumers above that of the prior year. Alternatively, and in
the discretion of the Monroe County Airport Director, following the initial year of this lease,
the annual rental sum b as beby the amount port consultant and'approved by the FAAred by an udated rate and
charges study preparedY professional
3. Except as provided in paragraph 2 of this amendment, in all other respects, the terms
and conditions of the original lease remain in full force and effect.
o SS WHEREOF, the parties hereto have set their hands and seals the day and year
BOARD OF COUNTY COMMISSIONERS
NY`1:'FLOLHAGE, CLERK OF MON E COUNTY, FLORIDA
IcAe k .
13` �' - � By Ma or Chairp r'sdn
Deputy Cl rk Y
FLORIDA KEYS AQUEDUCT AUTHORITY
ATTEST: •114 •AINf 0O 302iNOW
3 Ii13 1113
39'dH1Oli 'l AMU ByBy Title Ex utive Director
ldleaseflcaa-mapa ZZ :Z 1d OZ d3S IUOZ
APPROVED AS TO FORM
O8003H UO3 0311A A , LEGAL
RO;
GATE 0
,
AMENDMENT TO LEASE AGREEMENT
FLORIDA KEYS AQUEDUCT AUTHORITY
THIS AMENDMENT is made and entered into this 14th day of July, 2004,by and between
Monroe County,hereafter County,and Florida Keys Aqueduct Authority,hereafter FKAA.
WHEREAS, on the 15th day of March, 2000, the parties entered into a 20 year lease (the
original lease) to lease premises at the Marathon Airport for the purpose of constructing, operating
and maintaining a waste water treatment facility; and
WHEREAS,the FKAA desires that the County lease the FKAA an additional parcel of land
at the Marathon Airport and the County is willing to lease such a parcel;and
WHEREAS,the parties desire to amend the original lease,now,therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree as follows:
1) Monroe County proposes to lease to the FKAA additional area of 2,438 square feet
at the southeast end of the airport adjacent to the FKAA's current leasehold,as
depicted on Exhibit A-1,at the rate of 94 cents per square foot for an annual rent of
$2,291.72 for a proposed office/support facility which is to be provided by the
FKAA and for automobile parking for employees and/or contractors of the Little
Venice WWTP. Exhibit A-1 is attached to the agreement and made a part of it. The
rate will be adjusted annually in accordance with Section 2 of the original lease.
2) FKAA is to install a 6-foot chain link fence with 1-foot barbed wire to surround the
airport's existing rotating beacon,with two 3-foot pedestrian gates,one on the west
side and the other on the north side. The fence will be at least 10-feet from the
beacon's supporting tower on all sides.
3) FKAA is to relocate and install the airport's motorized gate(Gate 1)including all
associated and/or related devices,mechanisms and hardware including the security
card reader to a location on the present driveway just north of the FKAA leasehold
and adjacent to the Mosquito Control District's aviation hangar. New 6-foot fencing
with 1-foot barbed wire is to be installed behind that hangar's south entrance and
from the driveway running easterly to the airport's existing eastern perimeter fence.
"Gate 1"will be integrated into this new fence.
L
4) FKAA proposes to install a new motorized gate at the former location of the
Airport's"Gate 1". FKAA must provide and keep open ingress and egress to the
premises sufficient to allow for the passage of the Airport's vehicles,the Mosquito
Control District's vehicles and any others designated by the Airport Manager.
Furthermore,FKAA is to provide a means of opening this gate that is adequate to
satisfy the needs of the Airport's personnel,those of the Mosquito Control District,
and any others designated by the Airport Manager.
5) FKAA is to asphalt the driveway of"Gate 1"from U.S.Highway 1 to the existing
asphalt driveway which is just north of the relocated Airport's"Gate 1".
6) FKAA is to ensure that the Little Venice WWTP's perimeter fence is 6-feet in height
and equipped with 1-foot barbed wire in all areas where it adjoins with the Airport's
property.
7) FKAA is responsible for obtaining all approvals and permits associated with
the aforementioned and to bear the associated and or related costs of same.
All other provisions of the March 15, 2000 original lease, not inconsistent herewith, shall
remain in full force and effect.
. N WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to •
be.*Tci�ted by its duly authorized representative. a o•
-Di
r�.:
e:� BOARD OF COUNTY COIIIIMM
SSIONEI�
+°`-4 OF MONROE COUNTY,FI R#)A'T
A :,: DANNY L.KOLHAGE,CLERK :c-4 = rn
By/A(0, E fiGgrik.z. 2
By (/ct Jc AJ ,/ yor/Chairmaf< coc� Deputy/lerk
ATTEST: FLORA e D AUTHORITY
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ROARiLD OF COMM COANZWIPIMP
--r - — Mayor Murray E.Nelson,N3ci 5
o- L -' Mayor Pm Tem David P.Egos,Dinid 4
Dixie M.sphar,Dismal
KEY WEST FLORIDA 330� 4s. 4,-4.,*,41. ° h � George 619E1t��i�r pima 2
m� (305)234�4d7 ' cam+ g : .�' °�' Oats"Sonny'M District 3
��1 r � «"z��_ � Y Ye
? LAC 0 I ' ''Sy` 4:;tr;40 N
FL. ''';14 A KEYS MARA={LLN MII1PORT
James R. °Reggie"Paros,Director/Manager ;erg
9400 Overseas Highway,Suite 200 t -
Marathon,FL 33050eit Telephone: (305)289-6002/289-6060 6002/289-6060 ,
FAX. (305)289-6071 "-tip -
June 29,2004
Kirk C.Zuelch
Assistant General Counsel
Florida Keys Aqueduct Authority
Post Office Box 1239
Key West,FL 33040
Dear Mr.Zuelch:
Please find enclosed four(4)copies of the Amendment to Lease Agreement with
Florida Keys Aqueduct,to lease an additional area of 2,438 square feet adjacent to the
current leasehold at the Florida Keys Marathon Airport.
Please have all four copies executed by the appropriate representative and return
them to my office for processing.
This Lease Amendment will be on the agenda for action by the Board of County
Commissioners at their meeting on July 14,2004. After they have approved the
amendment,a fully executed copy will be returned to you for your files.
If you have any questions regarding this matter,please contact me at(305)289-
6060.
Si9eErely
J es R. "Reggie"Faros,Director
ublic Safety Division
Florida Keys Marathon Airport Manager
JRP/sd
enclosures: 4
@El/ VET
6 21104
MARATHON! A!Pne
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this day of 2008, by and
between Monroe County (Lessor), a political subdivision of the State of lorida, hereafter
County, Florida Keys Aqueduct Authority (Lessee), Assignor, an independent special
district of the State of Florida, and the City of Marathon (Sub-Lessee), Assignee, a
Florida Municipal Corporation, the parties agreeing as follows:
1. The County leases to Florida Keys Aqueduct Authority approximately 21,853
s.f. of a parcel of land at the Florida Keys Marathon Airport, Marathon,
Florida, through an Agreement dated March 15, 2000, hereafter the original
agreement, and amended on June 20, 2001, and July 14, 2004. The original
agreement and renewal agreements are attached and incorporated into this
Consent to Assignment.
2. The County leases to Florida Keys Aqueduct Authority approximately 2,438
s.f. of a parcel of land at the south end of Florida Keys Marathon Airport,
Marathon, Florida, adjacent to the space designated in Paragraph 1 above
through the Second Amendment to Agreement dated July 14, 2004.
3. By Assignment of Lease effective September 30, 2008 Florida Keys Aqueduct
Authority assigned to City of Marathon all the Assignor's rights, title and
interest in the original agreement, as amended, including construction and
operational authority of a wastewater treatment plant and office/support
�-,
facility.
f�. In ?sue. �
Cl': :._.F .
f= a 4°=;-= 1Rent payments shall be made by the Assignee City of Marathon payable to the
c.: : ,,_,:- Marathon Airport, and sent to Key West Airports Business Office at 3491 S.
c;:: _ ::- ,f,Roosevelt Blvd., Key West, FL 33040.
cz _ ;-,
�, 1..0 5 .c The County consents to the assignment of the above- described lease by the
o < Florida Keys Aqueduct Authority to the City of Marathon.
Fir
6. In consideration for such consent, the Assignee agrees to be bound by all the
,`-;( terms and conditions of the original agreement, as amended, heretofore and
;,' '1-4f',� above;and to provide for payment to be made to the County.
':::-
PI:: r."- \ ,(,',. /i :-= Ate
ii.' ` ' ,.�'`r.SEi&j ., , 9p} BOARD OF COUNTY COMMISSIONERS
v )' ATTES�T:`;DA-',A L.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA
V,' cf;at.-i::=:---'-=- tV,, ;:,;1
� C
I ,4%,.._...________,
Deputy Clerk Mayor/Chairman
MON`" ' COUNTY AT. RIV'Y
��AS T 7 ,
!per . M R
ASSISTANT CO TY ATTORNEY q 3 0
Consent Assmt Little Venice Lease Date
Exhibit B
W. nesses: ))nn` C OF MARA /ASSIGNE
By: CV)(P, UCGLAi lof t 4 -411ff
lj i,c ne C(� v cAt c k ri Clyde rnett, City Manager
Witnesses: FLORIDA KEYS AQU CT
AUTHO 1A O 06
By:
6/41.1t CAtt-
/n� -- �e J es C. R yi o d , Executive Director
QneA l�
Consent Assmt Little Venice Lease 2