Item C01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: 3/20/02
DIVISION: COUNTY ADMINISTRATOR
BULK ITEM: YES
DEPARTMENT: AIRPORTS
AGENDA ITEM WORDING: Approval of lease agreement with the Federal Aviation Administration for Air Traffic Control
Tower site.
ITEM BACKGROUND: Lease term - 7/1/02 through 9/30/02 with renewal rights to 9/30/32.
PREVIOUS RELEVANT BOCC ACTION. Approval of lease agreement 7/1/72
CONTRACT/AGREEMENT CHANGES: New Agreement
STAFF RECOMMENDATION: Approval
TOTAL COST: None
BUDGETED: N/A
COST TO AIRPORT: None
COST TO PFC: None
COST TO COUNTY: None
REVENUE PRODUCING: No monetary value
AMOUNT PER MONTH/YEAR:
APPROVED BY: County Attorney X
OMB/Purchasing X
Risk Management X
KEY WEST AIRPORT DIRECTOR APPROVAL
7~H-
Peter J. Horton
DOCUMENTATION: Included X
To Follow
Not Required
AGENDA ITEM #
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DISPOSITION:
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APB
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Federal Aviation Administration
Effective Date: 7/1/02
Expiration Date: 9/30/32
Contract Purpose/Description: Land Lease for Air Traffic Control Tower site.
Contract Manager: Bevette Moore
(name)
for BOCC meeting on: 3/20/02
# 5195
(Ext. )
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 3/6/02
CONTRACT COSTS
Total Dollar Value of Contract None:
Budgeted? N/A
Grant: N/A
County Match: N/A
Current Year Portion: N/A
Account Codes: N/A
Estimated Ongoing Costs: N/A
(not included in dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
Airport Manager
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Risk Management
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Peter Horton
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O. M. B.lPurchasing
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County Attorney
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Sheila B~rker
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Rob Wolfe
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Comments:
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U.S. Department
of Transportation
FEDERAL A VIA TION ADMINISTRATION
LAND LEASE
Lease No.: DTFA06-02-L-04246
Facility : A TCT
Location : Key West, Florida
LEASE
Between
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this day of , in the
year 2002, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, whose
address is:
500 Whitehead Street
Key West, Florida 33040
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 located at the Key
West International Airport, hereinafter referred to as the premises, viz:
Commence at the intersection of the north right-of-way boundary line of South Roosevelt Road and
the west boundary of lands shown on plat "Upper Tower Site" and recorded in Plat Book 1 at Page 31 of the
Public Records of Monroe County, Fiorida, and run thence North 83042'00" West, along the north right-of-way
boundary line of the said North Roosevelt Boulevard, for a distance of 300.27' to the west property line of the
Key West International Airport; thence run North 4051'10" West, along the said property line, for a distance of
295': thence run South 83042'00"East for a distance of 229.33' to the east boundary of lands described in
that certain lease by Monroe County to Island City Flying service dated May 1, 1971; thence run North
4051'10" West, along the east boundary of the said leased lands, for a distance of 188,31' to a concrete
monument; thence run North 4051'10" West, for a distance of 83.31'; to a Point of Beginning (POB); thence
from POB run South 86012'55" West for a distance of 15'-0"; thence run North 4051'10" west for a distance of
100'-0"; thence run North 86012'55" East for a distance of 100'-0"; thence run South 4051'10" East for a
distance of 100'-0"; thence run South 86012'55" west for a distance of 85'-0" back to the Point of Beginning
reserving unto the Lessor the right of ingress and egress across said property. Further, the Lessee shall not
construct any fence or obstruction along the eastern or southern property lines of said property without the
prior written approval of the Lessor.
LEGAL DESCRIPTION - AIR TRAFFIC CONTROL TOWER fA TCT) SITE
Federal Aviation Administration
DTF A06-02-L-04246
1
LA-10/96
..
(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 detennined to be the most convenient to the Govemment.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the
premises, 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 tennination 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. (10/96)
(d) The Lessor shall refrain from constructing or permitting the construction of any structures or other
installations which would obstruct the Visibility of any of the Air T rattic Pattems, approaches, runways,
taxiways, operational portions of the apron (s) or other operational areas necessary for the control of ground
or Air Traffic on or at the Airport from the Control Cab. Line of sight to tenninatlons will be based on eye level
height of fifty-three (53) feet above mean sea leve' in the center of the control cab, provided the lessor has
control over said area for zoning purposes.
2. TERM
To have and to hold said premises with their appurtenances for the tenn beginning July 1, 2002,
through September 30, 2002, subject to termination and renewal rights, as may be hereafter set forth.
(10/S6)
3. CONSIDERATION
The Govemment shall pay the lessor no monetary consideration in the fonn of rental, it bein9
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. (10/96)
4. RENEWAL
This lease may, at the option of the Government, be renewed from year to year upon the terms and
conditions herein specified. The Govemment's option shall be deemed exercised and the lease renewed
each year for one (1) year unless the Govemment gives the lessor thirty (30) days written notice that it wi/I
not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof
shall extend the period of occupancy of the premises beyond September 30, 2032.
5. TERMINATION
The Government may tenninate this lease, in whole or in part, at any time by giving at least thirty (3)
days notice in writing to the Lessor. Said notice shall be sent by certified or registered mail.
6. NON-RESTORA TION
It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall
have no obligation to restore andlor rehabilitate, either wholly or partially, the property which is the subject
matter of this lease. It is further agreed that the Government may abandon in place any or all of the
Federal Aviation Administration 2
DTF A06-D2-l-04246 LA-, 0196
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. (10/96)
7. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind
or nature on the site or adjoining land within the airport boundaries that may interfere with the proper
operation of the facilities installed by the Government under the terms of this Lease unless consent hereto
shall first be secured from the Government in writing. (10/96)
8. 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 tenn or any renewal thereof made necessary by airport
improvements or changes which in the Government's opinion interfere with the technical and/or 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 relocations,
replacements or modifications are necessitated due to causes not attributable to either the Lessor or the
Government, funding responsibility will be determined by the government.
9. 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 "n the leased premises not directly
attributable to the installation, operation and/or maintenance of the Government's facilities. (10/96)
10. 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. (10/96)
11. 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. (10/96)
12. 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. (10/96)
Federal Aviation Administration
DTFA06-02-L-04246
3
LA-10/96
13. 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. (10/96)
14. 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 Administration (FAA) Dispute
Resolution System. Judicial review, where available, will be in accordance with 49 U.S.C. 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 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 othel'V1lise 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)
15. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's
successors, and assigns. (10/96)
16. 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: Board of Commissioners of Monroe County
C/o Airports Business Office
5100 College Road
Key West, Florida 33030
TO GOVERNMENT: Federal Aviation Administration
Southern Region, ASO-55C
P. O. Box 20636
Atlanta, Georgia 30320
17. This Lease supersedes Lease No. DOTFA72S0-6929 effective July 1,2002.
Federal Aviation Administration
DTF A06-02-L-04246
4
LA-10/96
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above
written.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
BY
(signature)
(official title)
(date)
UNITED STATES OF AMERICA
BY
Ronnie Johnson
Senior Real Estate ContractinQ Officer
(official title)
(date)
Federal Aviation Administration
OTFA06-02-L-04246
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lHIS AGREEMENT is attached to and made a part of Federal Aviation Administration Lease No.
DTF A06-02-L-04 246 covering the quarters occupied by the Government in connection with the operation of the
Airport Traffic Control Tower.
OPERATION OF AIRPORT TRAFFIc CONTROL TOWER BY FAA
TIUS AGREEMENT, by and between the Board of County Commissioners of Mom-oe County, Florida,
herein called the Lessor, and the United States of America, acting by and through the Federal Aviation
Administration, hereinafter called the Government WITNESSETH THAT:
WHEREAS, it is in the public interest that the Airport Traffic Control Tower at Key West, Florida be
operated by the Government in accordance with standards established by the Federal Government
NOW, THEREFORE, for and in consideration of the operation of the Airport Traffic Control Tower at
Key West, Florida by the Government, subject to the availability of funds therefore, the Lessor agrees to the
following conditions:
(I) The Lessor pay for all current for boundary, flood and nbstruction lights, cvcn though these lights
may be operated by a federal controller in the Control Tower.
(2) All airport lighting which is essential to safe aircraft operations and which can be controlled from
the cuntrol lower and all tmffic control devices which arc designed to be remotelv controlled shall be under the
control of federal employees in the Control Tower.
(3) Lessor shall retain the responsibility for the propcr functioning of any light or other locally
installed device which is placed at the disposal of fedcral airport traffic controllers.
(4) Lessor shall retain the responsibility for thc proper functioning of apparatus necessary for traffic
control, which cannot be placed in opcration or Controlled from thc Control Towcr. or which is not otherwise
operatcd by the Govcrnment
(5) Lessor shall advise the Chief Airport traffic Controller of any portions of the field which may be
unsafc for normal usc by aircraft and shall properly mark such arcas.
(6) Lessor shall assume the responsibility for any conditions on the airport which arc not subject to
control of a fedcral airport traffic controller on duty in the tower.
(7) The Government shall have complete Control over the operation of the Control Tower at all times
and shall not be subject to the direction or supervision of the Lessor in that respect
(8) The Lessor shall notify the Chief Airport Traffic Controller or his representative before any
maintenance or construction personnel are sent OUI on the landing area unless such personnel arc proceeding in
accordance with a schedule which has been approved by the Chief Airport Traffic Controller.
(9) Insofar as the Government is concerned from a traffic standpoint, the Lessor may reserve any portion
of the landing area for any reason that it may deem proper or sn!licient for as long a period as the Lessor desires,
Provided thaI any such area shall be properly ruarked off and notice given of the change in available landing area
just as might be done when a pomon of the landing area is marked off for maintenance or construction. Providing
that tltis section shall nOI be deemed to affect any Provision contained in any contract previously entered between
the Lessor and the United States Government concerning the use of the said landing area.
(;/(;
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BOARD OF COW'1TY COM:MISSIOl'reRS OF MONROE COUNlY. FLOlUDA
BY
TffiE:
UNITED STATES OF AMERICA
BY:
Ronnie Johnson
TITLE: Sr. Real Estate Contractin~ Officer
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