Item C48
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 09-19-01
Division:
County Administrator
Bulk Item: Yes X
No
Department: Airports
AGENDA ITEM WORDING:
Approval of Lease Amendment with Sheriff's Office.
ITEM BACKGROUND: The original lease required that lease payments begin when construction
begins.
PREVIOUS REVELANT BOCC ACTION:
Sheriffs Office in March 2000.
BOCC approved a lease agreement with the
CONTRACT/AGREEMENT CHANGES:
hangar is complete or March 2002.
This would defer the lease payments until the
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A
COST TO COUNTY:
BUDGETED: Yes
No
REVENUE PRODUCING: Yes X No
AMOUNT PER YEAR $18,750
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
MARATHbN AIRPORT MANAGER APPROV AL~ti7
----/ ThJ\"sa Cook
DIVISION DIRECTOR APPROVAL: - ~ -&:...t1
James RobertS"
County Administrator
DOCUMENTATION:
Included
To Follow
Not Required_
DISPOSITION:
AGENDAITEM#j-C'"
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sheriffs Office Contract #
Effective Date: October 1, 2001
Expiration Date: September ,30, 2021
Contract PurposelDescription:
Defer lease payments until March 2002 or hangar is completed.
Contract Manager: Theresa Cook 6060 Airport/IS
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 9/19/01 Agenda Deadline: 9/5/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,750yr.
Budgeted? Y es~ No ~ Account Codes:
Grant: $
County Match: $ 0
Current Year Portion: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc,)
CONTRACT REVIEW
Date In
Division Director 9-'...-t??
Risk Management CI \ ~/ ! r; I
O.M.B./Purchasing 9]7/01
County Attorney r~
Comments: :C~ to -..c,l
Date Out
~-'..-w1.
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C\ '') 0 \.
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9-
OMB Form Revised 2/27/01 MCP #2
LEASE AMENDMENT
THIS LEASE AMENDMENT is entered into on this day of , 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 Monroe County Sheriff, a
constitutional officer, whose address is 5525 College Road, hereafter Sheriff.
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 hangar;
WHEREAS, the parties have determined that it is in their mutual best interest to modify the
original lease as follows; 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 effective date of this
Lease Amendment. The annual rent for the premises is $18,750 per year. (The rent amount
is based on 30 cents per square foot multiplied by the premises 62,500 square feet.) The
annual rent is due on the date the Certificate of Occupancy is issued for the premises and
thereafter on the anniversary of that date for each year this lease remains in effect or two
years from the effective date of this Lease Amendment, 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:
Bv/i.Lfj d!J
JdairportMCSO 01
MONROE COUNTY SHERIFF
BY"fl~~~, R~
Title t. T. t)r,Q., or- ,f;V/A /t.d/f./
.
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into on this /~/It day of "'t Af2Lf/- .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 Sheriff of Monroe
County, a constitutional officer, whose address is 5525 College Road, Key West, FL 33040, hereafter
Sheriff, Lessee or Tenant This agreement is entered into pursuant to Sec. 163.01, FS.
/"
WIT N E SSE T H:
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree as
follows:
1. The County leases to the Sheriff a 250' x 250' parcel of land at the Florida ~ys
Marathon Airport as depicted on Exhibit A, hereafter the premises. Exhibit A is attached' to this
agreement and made a part of it
2. The term of this lease is twenty (20) years, beginning on the date first wrttten above.
The annual rent for the premises is $18,750 per year. (The rent amount is based on 30 cents per
square foot multiplied by the premises 62,500 square feet.) The annual rent is due on the date the
construction of the hangar authorized in subparagraph 3(b) begins and thereafter on the anniversary
of that date for each year this lease remains in effect. If the Sheriff does not begin construction of
the hangar 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 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 Sheriff for the purposes of storing and maintaining
aircraft and aviation related law enforcement purposes only.
b) The Sheriff is authorized to construct a hangar at his expense, on the premises. The
hangar must be built in conformity with the applicable building codes. BefOre commendng
construction the Sheriff must obtain the development approvals and building permits that are
required by the governmental entities having jurisdiction over the hangar. When the hangar is
complete the Sheriff must furnish the Monroe County Airport Director, in a form satisfactory to him,
certification from- a Rorida licensed PE or architect that the hangar was built in conformity with all
applicable building codes.
c) The hangar will become the property of the County upon termination of the lease. At
the time the Sheriff will qUietly and peaceably deliver up the premises to the County.
d) During the term of this lease the Sheriff is responsible for all maintenance and repairs,
induding major repairs such as structural work and roof replacement, and the replacement of the
hangar if destroyed. All repairs or replacement must be of the same or better quality as the original
work and conform to all applicable building codes.
4. 8ther party may terminate this lease before it would otherwise expire pursuant to
paragraph 2 by giving the other party 60 days written notice of such termination. If the termina.tion
date is not the date described in paragraph 2, then the County must refund a percentage. of the
annual rent equal to the percentage of time remaining until the date described in paragraph 2.
5. The Sheriff, 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 Sheriff (including the construction of the
hangar) or any of its contractors, occasioned by the negligence, errors or other wrongful act or
omission of the Sheriff or its contractor(s), employees or agents.
6. The Sheriff is respOnsible for telecommunications, electrical, sewer, water and solid
waste collection service for the premises.
7. a) The tenant for himself, his 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 partidpation in, denied the
benefits of, or be otherwise subjected to discrimination in the use of said fadlities: (2) that in the
construction of any improvements on, over or under such land and the furnishing ofservices thereon,
no person on the grounds of race, color, or national origin shall be exduded from partidpation in,
2
denied the benefits of, or be otherwise subjected to disaiminationi (3) that the tenant shall use the
premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondisaimination in Federally-assisted programs of the Department of Transportation - Effectuation
of Title VI of the Ovil Rights Act of 1964, and as said Regulations may be amended.
b) That in the event of breach of any of the above non-clisoimination covenants, Airport
Owner shaJl 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 11tte 49, Code of Federal
Regulations, Part 21, are followed and completed induding 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 desaibed, together with the right to cause
In said airspace such noise as may be inherent in the operation of airaaft:, now known or h~fter
used, for navigation of or flight in the said airspace, and for use of said airspace for landing oni taking
off from or operating on the airport
That the Tenant expressiy agrees for itself, its su~5sors and assigns, to resbict 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 n.
That the Lessee expressly agrees for himself, his successors and assigns, to prevent any use
of the hereinafter described real property which should interfere with or adversely affect the
opeiattc?~ 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 tenns 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, rules
or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Marathon Airport
e) Notwithstanding anything herein contained that may be, or appear to be, to the
contrary, It is expressly understDod and agreed that the rights granted under this agreement are
nonexdustve and the Lessor herein reserves the right to grant similar privileges to another lessee or
other lessees on other parts of the Airport
3
8~ This lease has been carefully reviewed by both the County and the Sheriff. 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 Cerk of the CraJit Court
. ' . "'---:i'."WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first a~ " ritten.
. (J"f;
i~":~~ :; BOARD OF CXlUNTY CDMMISSIONSlS
P.I 1~-r?':P~NNY L KOLHAGE, ClERK OF MONROE COUNTY, FLORIDA
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~ Mavor/01i/rperscn
P.I It:,)):
By
UNTY SHERIFF
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Jcsheriff-map
APPRQIn-.
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EXHIBIT 'A'
FLORIDJ\ KEYS MARATHON AIRPORT
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