Item C18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 6/14/00
6/15/00
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of land and space lease with the Federal Aviation Administration at the Marathon
Airport.
ITEM BACKGROUND: This agreement transfers responsibility for the Automated Surface Observing System at the
Marathon Airport from the Department of Commerce to the Federal Aviation Administration. There is no monetary
consideration in the form of rent.
PREVIOUS RELEVANT BOCC ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PASSENGER FACILITY CHARGE: None
COST TO COUNTY: None
REVENUE PRODUCING: No
AMOUNT PER MONTHNEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
AIRPORT DIRECTOR APPROVAL
'id-tt
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
'ilK
DISPOSITION:
/bev
APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration
Effective Date: 5/1/2000
Expiration Date: 9/30/2015
Contract Purpose/Description: Responsibility for Automated Surface Observing System at the Marathon
Airport
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 6/14/00
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 5/31/00
Total Dollar Value of Contract: None
Budgeted? N/A
Grant: N/A
County Match: NIA
Estimated Ongoing Costs: N/A
(not included in dollar value above)
\
CONTRACT COSTS
, '
Current Year Portion: N/A
Account Codes: N/A
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
Date In
Airports Director
f; /.30/00
S ~-.O!)
5/ z <;j at:;,
-1-1-
R~ager~nt
O.M.B.lPurc~g
County Attorney
Comments:
CONTRACT REVIEW
Changes
Needed Reviewer Date Out
Yes No
( ) ('IJ <~stt ~.J1Jw
, /" ~ter ~orton--,--
( ) (\..1' ~. \N~ r~ s 1..3c) /~
( ) (./( ~~~ :) ev /dJ
( John Carter
( ) ( ) "/2 o.k W olP€- 5" ILl 00
Rob Wolfe
u.s. Department
of Transportation
FEDERAL A VIA TION ADMINISTRATION
LAND & SPACE LEASE
Lease No.: DTFA06-00-L-20250
Facility: ASOS/ACU
Location: Marathon Airport
Marathon, Florida
LEASE
Between
MARA THON AIRPORT
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this day of , 2000, by and
between the Marathon Airport whose address is 9400 Overseas Highway, Marathon, Florida 33050
hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the
Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and
agree as follows:
1. PREMISES
The Lessor hereby leases to the Government the following described property, hereinafter
referred to as the premises, viz:
See Site Civil Location Plans and Civil Layout Plans for sensor group location at Runway 25
(attached) at the Marathon Airport, Marathon, Florida.
LATITUDE: 24043'33" N I LONGITUDE: 81002'52" W
The Lessor shall provide space for the ACU Equipment located in the existing Electrical Vault.
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for
establishing and maintaining a pole line or pole lines for extending electric power and/or
telecommunication lines to the premises; and a right-of-way for subsurface poWer, communication
and/or water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the
Lessor, and unless herein described otherwise, to be by routes reasonably determined to be the most
convenient to the Government, provided that prior written approval for such routes is first obtained from
the Lessor, which consent shall not be unreasonably withheld.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil
of the prernises, and the removal of all obstructions from the premises which may constitute a
hindrance to the establishment and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in
or upon the premises hereby leased, which alterations, fixtures, additions, structures or signs so placed
in or upon, or attached to the said premises shall be and remain the property of the Government, and
shall be removed upon the date of expiration or termination of this lease, or within ninety (90) days
thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures,
additions, structures, or signs.
2. - TERM
To have and to hold said premises with their appurtenances for the term beginning May 1, 2000,
through September 30,2015, inclusive; The Government may terminate this lease, in whole or in part,
at any time, by giving thirty (30) days notice in writing to the Lessor. Said notice shall be computed
commencing with the day after the date of mailing. ,'.
3. CONSIOERA TION
The Government shall pay the Lessor no monetary consideration in the form of rental; it being
mutually agreed that the rights extended to the Government herein are in consideration of the
obligations assumed by the Government in its establishment, operation, and maintenance of facilities
upon the premises hereby leased.
4. NON - RESTORATION
It is hereby agreed between the parties, that upon termination of its occupancy, the Government
shall have no obligation to restore and/or rehabilitate, either wholly or partially, the property that is the
subject matter of this lease. It is further agreed that the Government may abandon in place any or all of
the structures and equipment installed in or located upon said property by the Government during its
tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment
will be conveyed by the Government to the Lessor in writing.
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to construct, erect or allow to be constructed or erected any structure or
obstruction of whatsoever kind or nature on the premises or, any changes in the grade or surface
material, or adjoining land within the airport boundaries that may interfere with the proper operation of
the facilities installed by the Government including special stipulations in paragraph 13 below under the
terms of this Lease unless consent hereto shall first be secured from the Government in writing.
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or future
Government facilities covered by this Lease during its term or any renewal thereof made necessary by
airport improvements or changes which in the Government's opinion interfere with the technical and/or
DTFA06-OO-L-20250
Page 2 of 5
operational characteristics of the Government facilities will be at the expense of the Lessor, except
when such improvements or changes are made at the written request of the Government. In the event
such relocation's, replacements, or modifications are necessitated due to causes not attributable to
either the Lessor or the Government, funding responsibility shall be determined by the Government.
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance contamination
on the leased premises that is found to have occurred as a direct result of the installation, operation,
and/or maintenance of the Government's facilities. The Lessor agrees to remediate or have
remediated, with no cost to the Government, any and all other hazardous substance contamination
found on the leased premises. The Lessor also agrees to save and hold the Government harmless for
any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination
found on the leased premises not directly attributable to the installation, operation and/or maintenance
of the Government's facilities.
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of.ingress
and egress, and warrants and covenants to defend the Government's use and enjoyment of said
premises against third party claims.
9. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share
or part of this contract, or to any benefit arising from it. However, this clause does not apply to this
contract to the extent that this contract is made with a corporation for the corporation's general benefit.
10. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or agency has been employed or retained to solicit or obtain
this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or
agency. For breach or violation of this warranty, the Government shall have the right to annul this
contract without liability or, in its discretion, to deduct from the contract price or consideration, or
otherwise recover the full amount of the contingent fee.
11. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or
attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in
the contract price charged by a prime Contractor to the United States or in the contract price charged
by a subcontractor to a prime Contractor or higher tier subcontractor.
12. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning awards of
contracts shall be resolved under this clause, and through the Federal Aviation A~ministration (FAA)
Dispute Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C.
DTFA~-20250
Page 3 of 5
46110 and shall apply only to final agency decisions. The decision of the FAA shall be considered a
final agency decision only after a contractor or offeror has exhausted their administrative remedies for
resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed with the
FAA's Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or
should reasonably have been aware, of the agency action or inaction which forms the basis of the
protest. Unless otherwise stated in this contract dispute by the contractor against the government shall
be submitted to the Contracting Officer within 1 year after the accrual of the contract dispute.
Information relating to submitting a protest or dispute will be provided by the Contracting Officer, upon
request. (10/96)
13. SPECIAL STIPULATIONS FOR THE INSTALLATION AND OPERATION OF AUTOMATED
WEA THER OBSERVING SYSTEM (ASOS) UNDER TERM OF THE LEASE:
13. 1 Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's
ASOS site(s).
13.2 Lessor shall notify FAA's airport operation maintenance office when construction or agricultural
(tilling, mowing, harvesting, etc.) activity is scheduled or occurs that produces abnormal amounts of
dust at the FAA's ASOS sensor equipment site(s).
13.3 Lessor shall not construct adjacent to FAA's ASOS sensor(s) site, major paved surfaces, irrigated
or drainage areas, or test/run-up facilities that may significantly alter temperature, humidity, or
wind measurement.
13.4 Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet
of ASOS sensor(s). Smooth and gradual surface changes are essential to representative wind
measurement.
13.5 Lessor shall keep trees within a 1000 radius of the FAA's ASOS sensor site(s) and on airport
property trimmed and thinned so that growth does not progressively degrade the accuracy of wind
measurements from the baseline conditions that existed upon installation.
13.6 Lessor agrees to plan airport developments so new buildings and construction:
(1) do not degrade wind speed/direction or temperaturelhumidity measurements,
(2) do not block or electronically interfere with the UHF data-link line-of-sight between ASOS
sensor site(s) and FAA's ASOS ACU processor located in the Electrical Vault.
(3) do not interrupt or endanger the steady supply of electrical power to the FAA ASOS sensor
site(s) and ASOS processor, located in Air Traffic Control Tower.
(4) or so that acceptable alternative measures are jointly agreed to by the Lessor and FAA
before potentially disruptive construction or development is undertaken.
13.7 The Lessor shall provide for the power access to the FAA ASOS ACjJ, and associated
electrical equipment and cables to the FAA ASOS equipment.
DTFA06-OO-L-2025Q
Page 4 of 5
14. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to such
other address as either party may designate from time to time by notice or correspondence to the other)
(10/96):
TO LESSOR: Marathon Airport
9400 Overseas Highway
Marathon, Florida 33050
TO GOVERNMENT: Federal Aviation Administration
Southern Region, ASO-55C
P. O. Box 20636
Atlanta, Georgia 30320
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the
date above written.
LESSOR: MARATHON AIRPORT
BY:
Signature
TiUe
Date
UNITED STATES OF AMERICA
BY:
Signature
Real Estate Contractina Officer
Title
Date
OTF A06-OO-L-2025Q
Page 5 of 5
.
.
, Marathon I Fl..
Marathon AIrport (MTH)
Rev. 2
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u.s. Department of Commerce
NationaL Oceanic and Atmospheric Administration
NOAA License Number
061ABFM028
LICENSE FOR USE OF REAL PROPERTY
~ ApriL 10, 1991
Grantor: Monroe COunty
9000 Overseas Highway, Marathon, FL 33050
WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATES OF AMERICA,
hereinafter referred to as the GOVERNMENT, and of the covenants and agreements to be kept and perfor~ by the
GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, a License for the use of the premises,
services, and faciLities hereinafter described or other IUtuaLLy acceptabLe Locations for the instaLLation,
operation, maintenance. repair, repLacement, and removaL of Automated Surface Observing System (ASOS) equi~nt
incLuding, but not limited to: fieLd sensor group(s), acquisition control unit (ACU), co..unications and
peripheraL equipment, antenna(s), and connecting signaL and power cables. GRANTOR wiLL provide electricaL
power for operation of the folLowing GOVERNMENT-OWNED equipment: ACU and field sensor group.
It is covenanted and agreed that the GOVERNMENT, or the GOVERNMENT.S contractor, shaLL have ready and convenient
acces~ to the premises at aLL times, subject to the security and safety ruLes of the GRANTOR, and that the
GOVERNMENT reserves the right to make such alterations, additions, and i~rovements to the ASOS as may be
necessary for proper ASOS operation. It is further covenanted and agreed that alL structures, fixtures, or
equipment pLaced by the GOVERNMENT on said premises under this License, or any previous License or permit, shaLL
be and remain the exclusive property of the GOVERNMENT, notwithstanding the sa.. may be attached to the reaLty
so as to become a part thereof; and that the GOVERNMENT shaLL have the right to re~e alL structures, fixtures,
and equipment so erected or pLaced on said premises.
.
If at any time before the expiration of this License the GRANTOR desires to change the Location of the sites
furnished to the GOVERNMENT pursuant to this License, or the GRANTOR changes or modifies its facilities
(runways or other areas), or aLLows others to change or modify such faciLities in such a manner so as to
adverseLy effect or render useLess the GOVERNMENT'S equipment, faciLities, and/or related power, controL or
signaL Lines, any cost for repair or for removaL of said equipment, faciLities, and/or related power, controL,
or signaL Lines to another site acceptabLe to the GOVERNMENT shaLL be at the expense of the GRANTOR. If at any
time prior to the expiration of this License the GOVERNMENT desires to change the Location of the site furnished
to it by the GRANTOR, alL costs related to moving the equipment, faciLities, and/or related power, controL, or
signaL Lines shaLL be borne by the GOVERNMENT.
The terms and conditions of this License and the conditions herein shaLL bind the GOVERNMENT, the GRANTOR,
and the GRANTOR'S heirs, executors, administrators, successors, and assigns.
To the extent authorized by the FederaL Tort CLaims Act, 28 U.S.C. Sec. 2671 et seq., the GOVERNMENT assumes
fuLL controL and soLe responsibiLity for its equipment, personnel and activities incident to this license.
The premises, services, and faciLities to be provided by the GRANTOR pursuant to this License are described in
the ASOS SITE SURVEY REPORT for the foLlowing which is incorporated herein by reference:
MARATHON AIRPORT, MARATHON, FL
(MTH)
, Rev. # 2
Dated: 04/12/91
This License is effective beginning 05/01/91 for a period of 15 years unLess terminated earLier by ~tuaL
agreellellt.
IN WITNESS WHEREOF, this License is executed as of the dates indicated.
Monroe County
. .. ~
\.,.:).... '~'a , 'VV' . ,-.
By:
THE UNITED STA!~OF AMERICA-,
U.S. Dept. ot COllllJlerce, NOAA,
4&/ // / / /
By: .~ tL4 ( //J{lr4tJ
-- f
Printed Nalle:
Wilhelmina
~~
Harvey
Contracting Officer
SDecial EngineeriIllLP.r.!!Qra. Office
Central~inistrative Support Center
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Ti tLe:
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Date:
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(SEAL )
A'l"IE~ L. ICOLBAGE, CLERK
By, --_/~~