Item L3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
June 20, 2001
Division:
County Attorney
Bulk Item: Yes 0 No 0
AGENDA ITEM WORDING:
Approval of Lease Amendment with FKAA revising the date the annual rent first becomes
due from start of construction or March 15, 2001 (whichever is first) to start of construction
or March 15, 2002 (whichever occurs first). Requested by the FKAA.
ITEM BACKGROUND:
BOCC approved lease on March 15, 2000 for a site at the Marathon Airport for use as a
central wastewater treatment plant.
PREVIOUS RELEVANT BOCC ACTION:
See above.
CONTRACT/AGREEMENT CHANGES:
See above.
STAFF RECOMMENDAnONS:
Approval.
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTOR APPROVAL:~ ~
~
DOCUMENTAnON: Included 0 To Follow 0 Not Required 0
AGENDA ITEM #
I.. L.3
LEASE AMENDMENT
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
WIT N E SSE T H:
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 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. 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.
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/Chairperson
ATTEST:
FLORIDA KEYS AQUEDUCT AUTHORITY
By
m
By
Title
Jdleasefkaa-mapa
~-~---lEA5E-AGREEMENT--u--------~- -_____
THIS LEASE AGREEMENT is entered into on this J 5'# day of ~ 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.
WIT N E SSE T H:
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oP(.:)d)
IN CONSIDERATION of the mutual promises and benefits set forth below, the~~ ~ ~
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follows. ("). r- , -...
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1. a) The County leases to FKAA a parcel of land at the Florida Keys Ma1i~~ ~r@s
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depicted on Exhibit A, hereafter the premises. Exhibit A is attached to this agreein'~~n~a4i a
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part of it. The County must also proVide and keep open ingress and egress to the premises suffi~nt
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
adjusted-each-year-by-a-percent-eEJ\;Ial-to-the-inerease-in the-GPI--far-all ur-ean-c-onsumeFS-aoove-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-theterm--of this-lease-the--fKAA mlfst-keep in fC}ree---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 Sea) 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 partidpation 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-l'-r-ansportatiorr,-- Subtit~e--A, - Offiee-ef .. the Secreta ry,---pa rt-----z1,
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
--rules-or-regulat1orls-which have-been, or-may-hereafter-beadopted by-theAirport Gwner-pertairling-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
nonexdusive 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
cS~-:F~
By
Mayor/Ch rson
ATTEST:
FLORIDA KEYS AQUEDUCT AUTHORITY
By
By
Title
Jcfkaa-map
5
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