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Item G3 FROM FAX NO. : May. 03 2001 i2:22PM Pi BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 05-16-01 Division: County Administrator Bulk Item: Yes X No Department: Airports AGENDA ITEM WORDING: Approval of Lease Amendment with Mountain Air Cargo,Inc, ITEM BACKGROUND: MOlU1tain Air Cargo's lease expires 011 3-31-02. Mountain Air is a contractor to Federal Express, Federal Express's lease, if approved by BOCC, will expires 011 3.31-03. Th~ two parties have detennined it would be in their mutual interest ifboth leases expired inlhe same year. PREVIOUS REVEI.ANT BOCC ACTION: Air Cargo in September 2000. BOCC approved a lease agreement with Mountain CONTRACT/AGREEMENT CHANGES: Extends lease term an additional year. Revenue will increase each year on MaTch 1, by the annual CPT. ST AFF RECOMMll:NDA TIONS: Approval TOTAL COST: N/A COST TO COUNTY: BUDGETED: Yes No REVENUE PRODUCING: Yes L No AMOUNT PER YEAR $9,916.80 APPROVED BY: County Any _ OMB/Purchasing _ Risk Management_ MARATHON AIRPORT MANAGER APPROVAL: ~Q heres'a Cook ~Q~ James Roberts County Administrator DIVISION DIRECTOR APPROV AI.: DOCUMENTATION: Included To Follow Not Required__ DISPOSITION: AGENDAITEM#~~ RevIsed 2/27/0 I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS . CONTRACT SUMMARY "h .."'\;,....... 'Contract with: MoUntain Air Cargo Contract # Effective Date: September 20,2000 Expiration Date: March 31, 2003 Contract Purpose/Description: Amendment to orginallease. Extends contract one year to concide with expiration of FEDEX lease which expires March 31,2003. Mountain Air Cargo is a contractor for FEDEX. Both parties felt it would be in their mutual interest to have the leases expire on the same date and year. Contract Manager: Theresa Cook 6060 Airports/IS (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 5-16-01 Agenda Deadline: 5-2-01 CONTRACT COSTS Total Dollar Value of Contract: $ Budgeted? Y es~ No 0 Account Codes: Grant $ County Match: $ Current Year Portion: $ 9916.80 ADDITIONAL COS~ Estimated Ongoing Costs: $ _/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ Division Director ~/vt/., I YesDNo~~ .v/~l/trI_ ~~~tl YesDNoEJ c2, W.~ \L-.~~ Lf ..30 cf , ~ -01 Yes[]No[3'" ~O S -'\0/ County Attorney Yes 0 NoD Comments: -/ OMB Form ReVIsed 2/27/01 MCP #2 FROM : FfU'f : FAX NO. May. 02 2001 09: 29AM P2 f~ I'll. : Apr, JIiI 2111 11: 2SI'I PI MONROE COUNTY lJOA1U) Of COUNTY COMMlSSIONBRS 'CONl"RACfS ~ .~....~ . "Coa\tnl:l with: M.ountaill Air ClIP ~ ~ 'I1t.cMaCook - (NaJ.) GOfO . (Ix!.) 0eIdJtna: 5-2.c1 s - 1m Boce 111 CE 5-16-01 TaIIlDoUar VIlU8otConttKt: S . ......1 v-t8! No 0 Aa:aIDll cocfet:' Gat: S COlDlY Matah: 5 ()JJra1VCllfPorfion: S 9916.10 . - - . --- - .--..... ------- . . . . .....- --- ------ -- . - . - ~ -- --..----- -- . - , - ADDmoNALc6STS --- EstimJled Oqoi:na ColIs: S_1yr 'ar: I ~llt ....................., .. -;.- -. ~ j........... de.) 'DIM rn CORTRACJ' ~ N__ .. VII(] ~ - y-oNaD Y-clNoCl ' Y.o~ . Date Out JaN.-r D~al)b-1Or -! Ri8t M,......- O.M.B./PmdJIIiq - .- , Couaty ~ ~ - 0." ~IM .________._. ~_.~3n ..9W ~1W"O~ 30.NOW'HO~. Bl'C' ,.-.~-~.w LEASE AMENDMENT THIS LEASE AMENDMENTisehtered into on the day of 2001, by and between Monroe County, a political subdivision of the State of Florida, hereafter County, and Mountain Air Cargo, Inc. a corporation, hereafter Lessee. WHEREAS, on September 20, 2000, the parties entered into an agreement whereby the County leased to Lessee premises at the Marathon Airport for the purpose of Lessee providing air transport of cargo; WHEREAS, the lease agreement of September 20, 2000 expires on March 31, 2002; WHEREAS, the Lessee is a contractor to Federal Express whose lease at the Marathon Airport does not expire until March 31, 2003; and WHEREAS, the parties have determined that it would be in their mutual best interest if Lessee's lease term became co-terminus with that of Federal Express; now, therefore, IN CONSIDERA TION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The parties hereby agree to extend the term of the lease between them dated September 20, 2000 for premises at the Marathon Airport (the original lease) until March 31, 2003. A copy of original lease is incorporated into this amendment and attached as Exhibit A. 2. Except as provided in paragraph one, in all other respects the terms and conditions of the original lease remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By By Deputy Clerk Mayor/Chairman (SEAL) Attest: MOUNTAIN AIR CARGO, INC. rz:4 By ~ ... Title ~.~ jdairportMA MACA By IYy_~Aa J:u.uJ- Title \J LtL p~~ 0' 9 -() _.,-- -T- .. .. __~ ."'W__~_ '" .'x AGREEMENT ~~' MARATHON AIRPOR"(' ~ ..,. ~ /I - THIS AGREEMENT is mac:1lf' and entered into on the U day of S~t'rrt...\f?t.(t:-- , 2000, by and between MONROE COUNTY, a politica' subdivision of the State of Rorida, hereinafter referred to as "County" or "Lessor" and MOUNTAIN AIR CARGO, INC., hereinafter referred to as Lessee. WHEREAS, Lessor owns an airport known as the Marathon Airport, located in Marathon, Monroe County, FlOrida, hereinafter referred to as "Airport," and WHEREAS, Lessee is engaged in the business of air transportation of cargo, mail and other property, and WHEREAS, Lessee desires to obtain certain rights, serVices and privileges in connection with the use of the Airport facilities, and the Lessor is willing to grant same to Lessee on a non-exclusive basis, upon the terms and conditions hereinafter stated; now, therefore, IN CONSIDERATION of the premises and of the mutua' covenants and agreements herein contained, and other valuable conSiderations, Lessor does hereby grant unto Lessee, and Lessee hereby takes from Lessor, certain premises, facilities, rights, and priVileges in connection with and on the Airport, as follows, to wit: ARnCLE I - PREMISI;5 Lessor does hereby lease to Lessee, and Lessee leases from the Lessor, 19,800 square feet of aircraft apron area, as indicated on the drawing labe'ed as Exhibit "A" attached hereto and made a part hereof. ARnCLE II - USE OF ]'HE AIRPORT Lessee shall be entitled to use, in common with others authorized to do so, the airport facilities and appurtenances, together with all equipment, improvements, and 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, mail and other property by air. ARnCLE III - TERM This lease shall commence March 1, 1999, and end on March 31, 2002. ARnCLE IV - FEES AND CHARGES During the term of this lease, Lessee shall pay to the Lessor, rent and landing fees as follows: 1. The amount of Nine Thousand Nine Hundred Sixteen and 80/100 Dollars ($9,916.80), p'us sales tax, for an area of nineteen thousand eight hundred (19,800) square feet of aircraft apron area; and ~~..':::o;..;-~ 2. Landing fees as specified in Article V. The lease amount agreed to herein might be adjusted annually in accordance with the percentage change in the COnSlimer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Rent for item 1 shall be paid in equal installments and shall be due and payable on or before the first day of each calendar month during which this lease is in effect. Landing fees shall be paid within thirty days after the end of the month for which they are due. Upon the failure of Lessee to pay rent and/or fees when due, the Lessor will be entitled to charge and collect, and Lessee will be obligated to pay, a late fee of two percent (20/0) of any such amount, if paid within thirty (30) days of the date due, and five percent (So/a) 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 and/or landing fees due. The acceptance by the Lessor of the overdue rent and/or landing ft!es plus applicable late fees shall cure what would otherwise constitute a default by Lessee under the terms of this lease. The Lessor, at its option, however, may refuse a proffered overdue fee and late fees, dedare a default, and proceed according to Paragraph X of this lease. In the event that any check, draft, or negotiable instrument by which Lessee has tendered any payment is returned to the Lessor and not honored, whether for insuffident fUnds or other reason, the Lessor will be entitled to charge ar.m. 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 fees due. The acceptance by the Lessor of the rent and/or landing fees plus any applicable late fee and penaities following the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease. The Lessor, at its option, however, may refuse any proffered fee payment and applicable late fees and penalties, dedare a default, and proceed according to Paragraph X of this lease. ARnCLE V - LANDING FE~5 The apron rental fee includes five landings per week; however, any landings over five per week shall be computed as follows: $.73 per 1,000 pounds of approved maximum gross landing weight. A minimum landing fee of $9.13 will be charged for all aircraft weighing less than 12,500 Ibs. gross landing weight. Lessee shall report to the Lessor, not later than the 10th day of each month, Lessee's Actual Revenue Trip Arrivals at the Airport during the preceding calendar month, which shall include the number and type of such arrivals. The number of arrivals so operated, multiplied by the applicable approved maximum gross landing weights for each type of aircraft, shall determine the weight for which the monthly payment shall be made. The term "approved maximum gross landing weight" for any aircraft as used herein, shall be the maximum gross landing weight approved by the Federal Aviation Administration for landing such aircraft at the Airport herein. Lessee proVides service to Marathon, Rorida, utilizing a Cessna 208 Caravan. While this aircraft Is owned by The Federal Express Corporation, it is leaSed to and operated by Lessee based in Denver, 2 - -~-'-- ... .- -- North Carolina. As such Lessee is responsible for all the operating expenses related to aircraft, including landing fees. In the event Lessee is unable to satisfy its obligations, Federal Express Corporation will assume the responsibility for ensuring all payments and contractual agreements are maintained. . ..... '.. -~ ARnCLE VI - COMMON AREAS Lessee 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 Lessee's aircraft, subject to reasonable rules and regulations of Lessor as to the use of such common spaces and facilities. ARnCLE VII - RIGHT OF INGRESS AND EGRESS . Lessee, its agents, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the airport premises, which shall not be unreasonably restricted by Lessor. ARnCLE VIII - ASSIGNMENT This agreement may not be assigned without the written consent of the Lessor. -, ARTICLE IX - INDEMNIFICAnON/HOl.D HARMLESS (a) Lessee agrees to indemnify and save Lessor harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or daims for damages resulting from the negligence of Lessee, its agents, or employees in the use or occupancy of the leased premises and the common areas of the Airport facilities by Lessee. The extent of liability is in no way limited to, reduced, or lessened ~y the insurance requirements contained elsewhere within this agreement. (b) Prior to Lessee taking posseSSion of the property owned by the Lessor, Lessee shall obtain, at its own expense, insurance as spedfied in the attached schedules, which are made a part of this lease agreement. The Lessee will not be permitted to occupy or use the lease property until satisfactory evidence of the required insurance has been furnished to the Lessor as speCified below. Lessee shall maintain the required insurance, throughout the entire term of this lease agreement, and any extensions, as specified in the attached schedules labeled as Exhibit "8". 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 Lessor. Lessee shall provide to the Lessor as satisfactory evidence of the required insurance, either a Certificate of Insurance or a certified copy of the actual insurance policy . Lessor, at its sole option, has the right to required a certified copy of any or all insurance polides required by this contract. 3 - -~- '-;--- '-'--~--;-------_-:-'_---,,-_~:--:::--:----::-.~:::-:::::":::-~-O-:;'-~-_~_-_____~~-::---=':':' :=.~:;_.--:-.:....~--:--:..~_::....~:.::.::-:=----.~ __--.__._. _~:. .".~__.; . - .-. ------'--::-.-:---- 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. Lessor by the insurer. . ~-." -" The acceptance and/or approval of the Lessee's insurance shall not be construed as relieving the Lessee from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners will be induded as "Additional Insured" on all polices. Lessee 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 approved by Monroe County Risk Management. ARTICLE X - DEFAULT Unless the Lessor has accepted a rental payment and/or landing fee payment after it has become due together with any applicable late payments and penalties, the failure to pay rent and/or landing fees 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 agreement shall constitute a default. Further, the failure of Lessee 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 Lessee in writing by the Lessor, shall also constitute a default under the terms of this lease. In the event of a default, Lessor may, at its option, dedare 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, Lessor shall be entitled to reasonable fair market value attorney's fees. ARTICLE XI - CANCELLAnON ~F AGREEMENT lessor may cancel this agreement by giving Lessee sixty (60) days advanced written notice upon the happening of anyone of the following events: the appointment of a receiver of lessee's assets; the divesting of Lessee's leasehold estate by other operation of law; the abandonment by Lessee 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, lessee shall have vacated the premises and the Lessor 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 lessor's rights under this paragraph, the Lessor shall be entitled to reasonable fair market value attorney's fees. ARTICLE XII - FAA REOUIREMENTS The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit "C," attached hereto and made a part hereof. .- - 4 ~~--~~ .. "1 .. ..... 'iii f. ARnCLE XIII - NOTICES Any notice or other communication from either party to the other pursuant to this agreement is suffldentfy given or communicated if sent by registered mail, with proper postage and registration fees prepa'id;'addressed to the party for whom intended, at the foJ/owing addresses: For Lessor: Airport Director Key West International Airport 3491 S. Roosevelt Boulevard Key West, FL 33040 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. For Lessee: Mountain Air Cargo, Inc. P. O. Box 488 Denver, NC 28037 N WITNESS WHEREOF, the parties have caused this lease to be executed this of $4.,J'M/1,,1 (~.e- , 2000. N~ ~ Y L. KOLHAGE, CLERK ~COUNTY COMMISSIONERS . OF NROE COUNTY, FLORJ~ , ~,e rt<-~ By Mayor/Chairman (SEAL) ATTEST: /': 9, r,I.-' { .' . By '- .\--'-J.:... '- j.. -(. A "_<L Title (.J.......-d:.. .,L.. <.,-L. r:; J i MOUNTAIN AIR CARGO, INC. BY_'"Yn..-^^Art -l-c~ Title \J ~, PAL,.u.A.cA'\t jdairmapmac 5 - '7 :..,~~~---=c_.. j-l.~!~._.___.__ --..o:._;,:..+:-~.- ':~_: :.---c:-~~"~. ~.=~=:__, ~-----::-::m.: EXHIBIT 'A' APRON ,':" -" ,-~~~~. ~~-----;-:--~--'--'~-:::--:-~----=-.o-::'---~. _.=_ , . . . I ~"'. , .":::" ":r~~ ;l II ". I;: i~ 1'= ..11 : i I i ! ! i ! i p.si ><! ~ II ~ I I ~i. f ", ::- ,.' ::! :~ ". ". J!j :. , .' . 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