Item G2
FROM
FAX NO. :
May. 132 2001 09: 26AM Pi
BOARD OF COUNTY COMMISSIONI(I~S
AGENDA ITEM SlJMMARY
Meeting Date:
5-16-01
Division: _.__ _<;'ounty. AdminislralOr
Bulk Item: Yes x No
Department: Airp9rt~
AGENDA ITEM WORDING:
Approval of two year lease with FEDEX Express at Marathon Airport
ITEM BACKGROUND: This lease is for a two year renewal of previous lease agreen1ent with
FEDEX Express. Previous lease expired March 31. 2001.
PREVIOUS REVELANT BOCC ACTION: BOeC approved latest lease on 12/11/98.
CONTRACT/AGREEMENT CHANGES:
Changes on the lease include the effective dates and an cumual increase in accordance with the
Consumer Price Index annual average for January 1 through December 31 of 2000, which equals a
total annual dollar amount of $2832.20.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PER YEAR $27,551.24
REVENUE PRODUCING: Yes ~ No
AMOUNT PER MONTH $2295.95
APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management _x_
MARATIJON AIRPORT MANAGER APPROVAl. ~Q
~COOk
DIVISION DIRECTOR APPROVAL: - ~~(k
-
James Roberts
DOCUMENTATION:
Included x7
To Follow
Not Required_
ACENDAITEM#~~
DISPOSITION:_
Revised 2/27/01
FROM
FAX NO. :
Ma'.:j. 02 2001 09:27AM P2
MONROE COUNTY HOARD OF COUNTY COMMISSiONERS
- CONTRACTS~ARY
Contract with: FEDEX Express Contract # 95-0858-003
- Effective Date: - Aprill, 2001 -
Expiration Date: March 31, 2003
Contr.s.ct Purpose/Description: .-
Entitles Fedex use of airpon facilities, ramp and air cargo building.
Contract Manager: Theresa Cook 6060 Airportsl15
(Name) (Ext.) (Department/Stop #) --
for BOCC meeting on 3-21-01 Agenda Deadline: 3-7.01
CONTRACT COSTS
TO~\ ~~llar V~ale of -'on. tl;a~~I$ 23.~49.24 Current Year Portion: $
vJl\ll 0 U.Ctl~ Iyr .. '!.C\oz..OOyr
Bu gcteM~ No 0 Account Codes: - - . :
Grant: $ -.-.-.-.
----
County Match: $ -------
ADDITION.ALCOS~ - ---
Estimated Ongoing Costs: $ Iyr For:
(Not inc1\1ded in dollar value: abov-;r-- (e2. maintenance. utJhti~. janitonal. sawie9. etc.)
CONTRACT REVIEW
Division Director
Date In
""
... - 3-...,
Changes ~
Needed . -:::::z::: yer
YesONo~_ .-..----__ ....
Date Out
,I: 1--<
& -'--. .
Risk Manag,,::1l #, Y~D No0
o.~trc~g YesONo'
County Attorney # YcsO No
Comments: -~ tv <Z~ c... 0 J: ~
.L-, '?'Yl C:...---~ ace
R-'--. 'T~>h-. ~'~.Q "1-.Q
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3/7/0 I.
3-b-ol
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OMB Form Revised 2/27/01 MCP #2
gS-D6SO-C03
LEASE AGREEMENT
MARATHON AIRPORT
THIS CONTRACT OF LEASE is made and entered into on the day of
2000, 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, COUNTY owns an airport known as the Marathon Airport, located in Marathon, Monroe
County, Florida, hereinafter referred to as "Airport." and
WHEREAS, FED~ is engaged in the business of air transportation of cargo and other property,
and
WHEREAS. FEDEX desires to obtain certain rights, services and privileges in connection with the
use of the Airport facilities, and the COUNTY is willing to grant and lease the same to FEDEX on a non-
exclusive basis, upon the terms and conditions hereinafter stated,
NOW. THEREFORE, in consideration of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto FEDEX, and
FEDEX does hereby lease from COUNTY, certain premises, facilities, rights, and privileges in connection
\ -. \
with and on the Airport, as follows, to wit:
I. PREMISES COUNTY does hereby lease to FEDEX, and FEDEX leases from the COUNTY, the
existing terminal buildi.ng (air cargo building) presently located at the Airport, measuring 2,000 square
feet, and nine thousand five hundred sixty-five square feet of unimproved areas around the building, as
indicated on the drawing labeled as Exhibit -A- attached hereto and made a part hereof.
II. USE OF THE AIRPORT FEDEX shall be entitled to use, in common with others authorized to
do so, the airport facilities and appurtenances, together with all equipment, improvements, cind services
which have been or may hereafter be provided at or in connection with the Airport for common use, in the
operation of a business for the transportation of cargo and other property by air.
- - -m. TERM The term of this lease shall be twenty-four (24) months, commencing April 1, 2001,
and ending on March 31, 2003.
IV. RENTALS AND FEES During the term of this lease, FEDEX shall pay to the COUNTY, rent as
follows:
1. The amount of $1,970.n per month for the area of two thousand (2,000) square feet, in
the existing terminal area plus patios (air cargo building) for a total of Twenty-three Thousand Six
Hundred Forty-nine and 24/100 Dollars ($23,649.24) per annum, plus applicable sales tax, and
.
aircraft, including landing fees, FEDEX will assume responsibility for ensuring all payments and contractual
agreements are maintained, or vacate the premises, and this Lease shall be terminated in accordance with
Article XV of this Agreement.
VII. LEASEHOLD IMPROVEMENTS AND USE FEDEX shall have the right to occupy the
existing terminal (air cargo building) measuring two thousand (2,000) square feet, and an area of nine
thousand five hundred sixty-five (9,565) square feet of unimproved land adjacent to the existing terminal
(air cargo building), as shown on Exhibit "A- attached hereto and made a part hereof.
FEDEX may only utilize the leased building to provide counter space for members of the public
desirous of using FEDSC's cargo and package services and for the operation of a business engaged in the
transportation of cargo and other property by air. While premises are leased to FEDEX for parking, FEDEX
shall not park or place automotive vehicles in any space on the premises unless it has been designated by
the COUNTY for parking. The COUNTY shall cooperate with the FEDEX in designating a reasonable
number of parking spaces to accommodate FEDEX's business traffic.
VIII. COMMON AREAS FEDEX shall have the right to use, in common with others, the Airport
space and facilities to permit landing, taking off, loading, unloading and servicing of FEDEX's aircraft,
subject to reasonable rules arid regulations of COUNTY as to the use of such common spaces and facilities.
IX. RIGHT OF INGRESS AND ESRESS FEDEX, its agents, employees, customers, suppliers, and
patrons shall have the right of ingress and egress to and from the leased premises, which shall not be
unreasonably restricted by COUNTY.
X. UTILITIES FEDEX shall be responsible for the payment of electrical service, water service,
trash and septic tank servicing and similar utility services as needed.
XI. ASSIGNMENT The premises leased hereunder may not be sublet and this lease may not be
......
assigned without the written consent of the COUNTY.
XII. MAINTENANCE OF PREMISES FEDEX shall be responsible for and shall properly maintain
th: !~ed premises, and upon the termination of this lease, shall leave the premises in at least as good
condition as at the time of the commencement of this lease, normal use and occupancy excepted. FEDEX
shall also be responsible for and shall properly maintain the security fences and gates surrounding the
leased premises and any remodeling or construction performed to or on the premises leased hereunder.
XIII. INDEMNIFICATION/HOLD HARMLESS
1. FEDEX agrees to indemnify and save COUNTY harmless from and against all claims and
actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the
negligence of FEDEX, its agents, or employees in the use or occupancy of the leased premises and the
common 'areas of the Airport facilities by FEDEX. However, FEDEX shall not be liable for any claims,
. .
. .
actions or expenses resulting from the COUNTY's negligence. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within this agreement.
2. Prior to FEDEX taking possession of the property owned by the COUNTY, FEDEX shall
obtain, at its own expense, insurance as specified in the attached schedules, which are made a part of this
lease agreement.
The FEDEX will not be permitted to occupy or use the lease property until satisfactory evidence of
the required insurance has been furnished to the COUNTY as specified below.
FEDEX shall maintain the required insurance, throughout the entire term of this lease agreement,
and any extensions, as specified in the attached schedules. Failure to comply with this provision may result
in the immediate termination of the lease agreement and the return of all property owned by the COUNTY.
FEDEX shall provide to the COUNTY as satisfactory evidence of the required insurance, either a
Certificate of Insurance or' a certified copy of the actual insurance policy.
COUNTY, at its sole option, has the right to required 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 aoVNTY by the insurer. The acceptance and/or approval of the FEDEX's
insurance shall not be construed as relieving the FEDEX from any liability or obligation assumed under this
contract or imposed by law. The Monroe County Board of County Commissioners will be included as
-Additional Insured. on all policies. FEDEX shall carry its insurance with Insurance companies authorized
to do business in the State of Florida.
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 be ~~proved by
Monroe County Risk Management.
XIV. DEFAULT Unless the COUNTY has accepted a rental installment after it has become due
together with any applicable late payments and penalties, the failure to pay rental installments when due
shall constitute a default under the terms of this lease. The failure to pay any other charges or fees when
due under this lease shall constitute a default. Further, the failure of FEDEX to perform any other of the
covenants of this lease, which failure shall continue for a period of fifteen (15) days after notice thereof is
given to FEDEX in writing by the COUNTY, shall also constitute a default under the terms of this lease. In
the event of a default, COUNTY may, at its option, declare the lease forfeited and may immediately re-
enter and take possession of the leased premises and this lease shall terminate. If it shall be necessary to
employ the services of an attorney in order to enforce its right under this paragraph, or to collect any of
its rentals, fees, or charges due, COUNTY shall be entitled to reasonable attorney's fees. Waiver of a
default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and
any subsequent default shall be grounds for termination.
XV. CANCBJ.ATION OF LEASE COUNTY may cancel this lease agreement by giving FEDEX
sixty (60) days advanced written notice upon the happening of any one of the following events: the
appointment of a receiver of FED EX's assets; the divesting of FED EX's leasehold estate by other operation
of law; the abandonment by FEDEX of its air cargo transportation business at the Airport for a period of
sixty (60) days. By the end of the sixty (60) day notice period, FEDEX shall have vacated the premises .and
the COUNTY may immediately re-enter and take possession of the same. If it is necessary to employ the
services of an attorney in order to enforce the COUNTY's rights under this paragraph, the COUNTY shall
be entitled t,o reasonable attorney's fees.
XVI. FAA REQUIREMENTS The parties shall comply with FAA Required Lease Clauses, which are
listed in Exhibit -B,. attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have caused this lease to be executed the day and year first
above written.
\.
(SEAL)
A TTEST: DANNY L. KOLHAGE, Q.ERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
,
By
By
Deputy Clerk
Mayor/Q,airman
OJ.~ ~/
Witness I
- - Ly,( ft.i.u< ..JrM~
Witness
FEDERAL EXPRESS CORPORA nON
s;,tt~ .-r{}-
NJ... d .. Managing Director, Real Estate
tfl'[J;fo, A l'\!)r-,,"....
(J'loJf.'. _ ,'-,~ ~: '. ~. ~,.~;- And Airport Development
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DEe 23 1993
AIRPORTS 10MB
. .
IU. ItBQUDBD LBUZ CLaV..
1.
This lease shall ba subject 1:0 review and re-evalua'ticm
at the eDd of each '3.. year periad, by the airport
nwllRr and the rem: may be adjurrtad accorr11Dq to their
ac1:ion, not. t:a flXC.ad the COuumer Price Inclu rata
duriJuJ the last J , 1IGn~ period, or:;
Land ].e.. im;=ow..m:a will be appraiaed aVEr 5 YMJ:8
uad tb8 adjuai:ed, nnt:a1 will be balled an ncmuaUy 10-12
paraent of app&-aUed value. If cU.laputllCl, leaar
oIn:&Iiu aPPRiaal at: hJ.a ape... ad 1_=/1a_
equally 8hAra UP"" f= nvuv .ppz'aiaal t:hat
..~liahaa lei:- _&-Jcft vAluo.
Tha tenant far lWaae1r, hJ.. pcu:aanal &"eprucnta'tiw. ~
aUCCllII80n in intc_t., and ...igna, .. . pU't ot tdui
cDnsiderat.1on hez:eot, du.. henby COwtmllftt: and apt_
Cat (1) no parscm CII1 tb. Vruuncl8 or J:ace, calor, .. ..
na1:1onal or1;1n -au 1:MI exclud.d tl:Ua JMJ:ticipa'ti&m
1ft, denied 'the 1:IanU1u ot, or Ja a1:henJ... aubjec:tlld
1:0 discrimination 1n tba ua at .aiel taaiUtJ._, (a)
that 1ft tbe C01IstJ:uat1an O! any iapravaau Oft, OVU"
or under such land and tile fum18h1ng 0% .en1en
1:heraan", no P8Z'8on em tba groUftda of nC8, COlor, ar
natianal arigiJI ."-U be excluded fram part1cipatlcm
ill, denied the benet11:8 or, or !Ie O'tbenr1Jla aGja=-cl
to discriminat1on, (3) thai: the tlmant .ball .e t:U
premia.a in compliance witla aU ather raqu.t.reunt:a
.1Japos8d by or JNnuan't to "1 tle 41, COde of P8d8ra1
Regulations, Department of Tnnspartaticm, SUbt1tla A,
Office of the Sacratary, Part 21, HOncl1acrilliDatiOll 1D
Federally-assisted Drograa ~ the Depat1:aent. of
TranRpnr1:at:ian-EtfllCtua'tiOD of Title VI at the Civil
aigh1:. Act' at 1164, IInd .. .aid '.Ragulatiau 1181' _
amllJlCled .
Tha~ 1ft the evaJ\t or "'.c:h or any ~ ~ abova
nDndillcrilllinat:ion aovenant:lI, Airpari: OWner .al1 have .
1:11. Z'i,h~ ~ ~at:. ~. 1.... and ~o ft-tm1:az' and ..
it ..id lea.e had navU' bDan .-do Dr iaauocl. "'.
provision .al.1 not lie erfa=.i v. unf:il tho pz"Oaacl=-
at 'r1tle .', Cad. of Pecl.ra1 RecJulat:iDJUI, ~U"t 22. ...
.culluwM&l cuu1 c:ompleCed incluclinv exe~i.e 01: expuaUcm
at app.al &!gbta.
J. ~t 8ha11 be a cancl1t:J.an at' tIlJ.a 1.&ta1l1l, LhaL U&e 1__m:'
ra8UV8. untD 1taalr, 1ta IlUCc:essars and ...19l1li, ~or
the use ana ,,*,et1t or the pUJ:I11c, a r19ftt or nipt:
for the passage or a1rCl'att 111 the a1rapaca aboVe tba
surface af the real property hereinafUr des=1!MI4,
'together with the r19ht 'to cause 111 said airapace INCIl
noise as -y be inharant in the operation or air=aR,
2.
- .
. .
5.
..
4.
- ' now mown or hareattar WltId, for naviqat:1on ot or
- tl1qht J.n 1:be aai.d ai.rapace. and fo%" U. ot said
airspace tor laaclinq an, takinCJ off tZ"OJll or opera~nCJ
on the ait'port. . .
That the Tenant expressly a;rees for itaelf, ita
ACCu.ors and ..atans, to rutrict the height ot
a'b:uc:tur&s, ab:t8C1:a ot natural 9Z"OWtb and other
obs1:rac1:ians 011 the hBrllinattar clucribed real proparty
t:a auah a h.i9h~ ao .. tD CCIlply wi1:h PBdaral AviatiOll
IIeIaulaticm., Put ,.,.
'that: tb. z..... eaqw".ly avzo- tor .1t:8alt, ita
~Dllllon Uld ...ipa, i:o pnveni; any WI. ot the
benWltal' d..aribcicl t'Oal p=p~y _Lab wauld
J.n~1I2'a with .. Cldv...lr G~toat tho apGZ'ai:J.cm _
md.ni:lauana. ~ the ajzpart, o~ o1:bC2:'W.lao acmaUt:ui:o an
afJ:port haa:U"Cl. .
Th1. lea.. and all prov.iaion. hereof are .abject: cmd .'
.~ta Lu Ul. LIu::ma aDd ccmd1tiau ot, the
~ and dOCUllentll UIIdu' whJ.ub U. Ahpm:t o.n.-
ac:qu1nd tile SUbj.at FOPIII:'t.y ~raa tile Un.L...... SLate. ~
AIlet'1ca 1M SbaU be given only EcI1 effect .. will DDt
aan:fl1ct or .. 1nconaia1:ant v1t11 tile tenaa 8JId
COnditions c:onta1DecI ill the 1__ or' sa1c:l J.anda traa
th8 ~Ort awner, and any exLa't1nCJ = ~Baqun1:
amendmaftts the.to, 'and ea. BUllj act to any ordinance.,
ruJ... or J:89Ulationa vh1c:b have been, or uy ~
be adopted by tbe Airport: Owner pertalninCJ to t:ha
1!::lA ItA Th" J AiZ"part.
Hatvithatandincr aftvthinq herein contained that ..y ba,
or aD>>aar to ba, .to the aont2:'ary, i~ 18 aprualy
understood and avreed t:ba~ the ri;hta CJ1"BDted under
this avr-nt R8 nonexclusive ..and the La8OZ' haraJ.n
~MtU t:ha r1gh't t:c ;rant: similar privilq.. to .
anothIPr LlPS8_ or other LAIIIIII"AJII em nt:h.,. parts at th.
a.lrpart.
RECEIVED
DEe 23 1993
AIRPORTS/OMB
. .
EXHIBIT 'C'
INSURANCE REQUIREMENTS
,~
I VYO ':0'"0(1
(.
VEHICLE LIABILITY
INSURANCE REQUlREl\1ENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
"
,',
-
Recognizing that the work governed by Ibis c:onlrnct requires Ibe use of vehicles, the Conllac:lor,
prior to tbe commencement of work, shall obtain Vehicle Liabilily Insurance. Coverage sball be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
· Owned, Non-Owned, and Hired Vebicles
TIle minimum limits acceptable shall be:
SI,OOO,OO~ Combined Single Limit (CSL)
If splil limits are provided, lht minimum limits acceptable shall be:
,
S 500,000 per Person
SI,OOO,OOO pcrOccurrcnce
S 100,000 Property Damage
TIle Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
'.. ,
,-
\'1..1
"N" I 011",,"
1\10NROE COUNTY, FLORIDA
RISK MANAGEI\1ENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL.
General Insurance Requirements
for
Airportl Aircraft Acth'Uics
'..
Prior to the commencement of work governed by this contract (including the pre-staging of
personnel and material), the Vendor shall obtain, at hislller own expense, insurance as specified
in the attached schedules, which are made part of tbis contract. The V codor will ensure tbat the
insurance ob~ned will cxtend pro.tection to all Contractors engaged by the Vendor.
The Vendor will not be penniUed to commence work governed by this contract (including pre-
staging of personnel and material) until satisfactory cvidence of the required insurance has bcen
furnished to the County as spccified below.
TIlC Vcndor shall maintain the rcquircd insurancc throughout the entire tenn of this contract and
any cxtcnsions spccificd in any attached schedules. Failure to comply wi~l this provision may
. result in the immediate suspension of all activities conducted by tIlC Vendor and its Contractors
until the requircd insurance has been rcinstated or replaced.
\
The Vcndorshall providc, to the County, as sa,tisfactoifcvidcncc ottIlC required insurance,
either: \ \
· Cer:tificate of Insurance
or
· A Ccrtificd copy of the actual insurancc 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 tIlat they arc not subject to canceIlation, 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.
TIle 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
~oun(y prepared form entitled "Request for \Vah'er ofrnsurnncc Requirements" and
:IPprovccl hy MOllroe COU:lly I'~ is!: Man:lp,ClIWlIl.
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WORKERS' COMPENSATION
INSURANCE REQUIREl\fENTS
FOR
CONTRACT
DET'VEEN
MONROE COUNTY, FLOIUDA
AND
...
~...
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers< Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$1,000,000 Bodily Injury by Aceident
$1,000,000 Bodily Injury by Disease, policy limits
$I,OOO,OO~ Bodily Injury by Disease, each employee
Coverage shall be maintainedJhroughout the entire term of the contract.
'\
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
I f the Contractor has been approved by tite' Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor lite Conlmc:tor's status. lbc Conlmctor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If lIle Contractor participates in a self-insurance r und, a Certificate of Insurance will be required.
In addition, the Contractor maybe required to submit updated financial statemenl$ from the fund
upon request from the County.
"\
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VEHICLE LIABILITV
INSURANCE REQUIREl\1ENTS
FOR
CONTRACT
BETWEEN
J\10NROE COUNTY, FLORIDA
AND
~'..
TIle minimum limits acceptable shall be:
SltOOO,OO~ Combined Single Limit (CSL)
If split limits arc provided, th~minimum limits acceptable shall be:
,
S 500,000 per Person
S 1,000,000 per Occurrence
S 100,000 Property Damage
TIle Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
."
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