Item G3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18, 2002
Division:
Public Safety
Bulk Item: Yes X
No
Department: Airports
AGENDA ITEM WORDING: Approval of an Amendment to Lease Agreement with the Sheriff of
Monroe County for a hanger building and associated paved areas and infrastructure at Florida Keys
Marathon Airport.
ITEM BACKGROUND: This amendment addresses the sources of funding, the participants'
financial obligations and the procedures for processing change orders and payments for the
construction project of a hanger building and associated paved areas and infrastructure to be used by
the Sheriff s Office.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved an original lease agreement with the
Sheriff of Monroe County in March 2000 and subsequent amendments thereto on December 13, 2000
and September 19, 2001.
CONTRACT/AGREEMENT CHANGES: This amendment addresses the, sources of funding, the
participants' financial obligations and the procedures for processing change orders and payments for
the subject construction project. It also caps the Sheriffs financial obligation of total construction
costs.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
NoX
AMOUNT PER YEAR
APPROVED BY: County Atty: Yes OMB/Purchasing: Yes
Risk Management: Yes
DIVISION DIRECTOR APPROVAL:
MARATHON AIRPORT MANAGER APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required _
AGENDA ITEM # G .5
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sheriffs Office Contract #
Effective Date: March' 15, 2000
ExpiIation Date: September 30, 2021
Contract Purpose/Description:
Contract purpose is to allow for the processing of financial payments from the Sheriffs
Office through the Airports Business Office to the Florida Department of Transportation
(FDOT). This contract clarifies that process and puts a financial cap on the Sheriffs
construction cost obligation.
Contract Manager: Theresa Cook 6060 Airportl15
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 09-18-02 Agenda Deadline: 09-04-02
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,750 year
Budgeted? Y es~ No D 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
Division Director
Changes
,.~atI1 ~n Needed ~ /.
~LYesDNoV ~
~i"Jl.oj..... YesD Noba'
~L--YeSDNO~ ~ 0
YesD NoD . ~ fl'JTA-c rtIC.O
Date Out
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
FROM :
-.-
FAX NO.
Aug. 29 2002 12:09PM P2
-,';''-'~~~.~.',: ~.'lf"'J:"",~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
.~
_.- ------CONTRACT SUMMARY-- - .---- --.1
Contract #
\
I
i Contract with: URS
I
Effective Date: Execution
Expiration Date: 250 days
Contract Purpose/Description: Additional fees Resident Project Representative for current projects at the
Florida Keys Marathon Airport
Contract Manager: Bevette Moore
(name)
I for soce meeting on: 9/18/02
# 5195
(Ext.)
Airports - Stop # 5
(Department/Courier Stop)
Agenda Deadline: 9/4/02
-.-.---.--
CONTRACT COSTS
.._---1
I
I
Irotal Dollar Value of Contract 12,080.00
Budgeted? Yes
Grant: Yes FAA & FODT
I County Match: PFC Revenue
I
I
\ Estimated Ongoing COsts: N/A
(not included in dollar value above)
Current Year Portion: - 3.000.00
Account Codes: 403-63526-560630-GAMP23
403-63525-560630-GAMA22
403-63530-560630-GAMA27
403-63533-560630-GAMA30
ADDITIONAL COSTS
For: .
(eg. maintenance, utilities. janitorial, sala~es, etc.)
1..--
CONTRACT REVIEW
Da;e)n
. j)JVI~/O-J V/~ f'kt.; 0/2140 L
I Airport Manager ~a, /..r;&-
i Risk Management -1-1-
O.M.B.lPurchasing -1---1-
County Attorney ..--1-.-1-
Comments:
Changes
Needed
Yes~
( ) (II')
( ) ( )
( ) ( )
( ) ( )
gQ
Theresa Cook
Maria Slavik
(}loiJ tP:r/~ker
Rob Wolfe
~
-1
~~/,J
_'aJ2'7/02-
_J_/_
---1---1_
~,. I 0'1,...
PURCHASE I SERVIClt ORDER
FOR
MONROE COUNTY
To: URS
Purcha~e Service Order No. 0)/02 - 38
Re: PSA Agreement, Dated 1-1-02
Resolution No.
Project Name: Florida Kev~ Marathon Aiq?ort - Resident Project Representative
Description of Services:
AdditionaJ Resident Engineering Fees are required due to the Contractor justifying additional
construction time due to permitting delay for Toppino's, Inc., Taxilane/Connectors, FBO's
and Sheriff Aprons and T -liangar Development.
Multiple of Direct Salaries
Lump Sum
x
Reimbursable Expense
Days to Complete 250
Fee this Service Order
$ 12.080.00
Payment for Services shall be in their entirety as per PSO.
Prepared by:
Recommended by:
~~
Milford A. Reisert
-~Q
Date: 8(2.2/02
Date:
~. ~ 1.. O"d.
Accepted by:
~~
Carlo G cIa.
Appl'Oved by:
I./)r Cawb 6att'ln..
,
Date: 8/22/02
Date:
NWR5Iok:ol....\C~JI252f15S\POlI1111It123~H>...1'"
., .
.~
FROM :
FAX NO.
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Aug. 29 2l2l02 12: 10PM P4
;I
Marathon Airport
Additional Construction Engineering Fees
T -Hangar, Taxilanes and aircraft Parking Aprons (3)
A. ADDmONAL RESIDENT INSPECTION COSTS
a. Additional Inspection needed: S 10,560.00
24 Working Days * 8hrs =< 192 Hrs
192 hrs@$55Ihr = $ 10,560
b. Traveling cost $ 1,520.00
12 trips @ $ 60.00rrrip = $ 720.00
8 Nights @ $100.00INight = $ 800.00
Total Additional Engineering Fees S 12,080.00
Note: The additional 24 working days are:
1 day to inspect the base for FBO.s
1 day to inspect the priIne for FBO.s
5 days to inspect the asphalt for FBO's
1 day to inspect the base for TIL's
1 day to inspect the prime for TlL's
4 days to inspect the asphalt for TIL's
1 day to inspect the base for TIL's to Shade Hangar
1 day to inspect the prime for TIL's to Shade Hangar
2 day to inspect the asphalt for TfL's to Shade Hangar
1 day Initial punch list
4 days Final punch list
2 days Final Close out
Total
F\ Marathon\shadcbangar\mrmhea242.wpd
8 Hrs
8 Hrs
40 Hrs
8 Hrs
8 Hrs
32 Hrs
8 Hrs
8 Hrs
16 Hrs
8 Hrs
32 Hrs
16 Hrs
192 Hrs
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18, 2002
Division:
Public Safety
Bulk Item: Yes X
No
Department: Airports
AGENDA ITEM WORDING: Approval of an Amendment to Lease Agreement with the Sheriff of
Monroe County for a hanger building and associated paved areas and infrastructure at Florida Keys
Marathon Airport.
ITEM BACKGROUND: This amendment addresses the sources of funding, the participants'
financial obligations and the procedures for processing change orders and payments for the
construction project of a hanger building and associated paved areas and infrastructure to be used by
the Sheriff s Office.
PREVIOUS RELEVANT BOCC ACTION: BOCC approved an original lease agreement with the
Sheriff of Monroe County in March 2000 and subsequent amendments thereto on December 13,2000
and September 19,2001.
CONTRACT/AGREEMENT CHANGES: This amendment addresses the, sources of funding, the
participants' financial obligations and the procedures for processing change orders and payments for
the subject construction project. It also caps the Sheriffs financial obligation of total construction
costs.
ST AFF RECOMMENDATIONS: Approval
TOTAL COST: n/a
BUDGETED: Yes
No
COST TO COUNTY:
REVENUE PRODUCING: Yes
NoX
AMOUNT PER YEAR
APPROVED BY: County Atty: Yes OMB/Purchasing: Yes
Risk Management: Yes
MARATHON AIRPORT MANAGER APPROVAL:
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow
Not Required _
AGENDA ITEM # G .3
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sheriffs Office Contract #
Effective Date: March' 15, 2000
Expiration Date: September 30, 2021
Contract Purpose/Description:
Contract purpose is to allow for the processing of financial payments from the Sheriffs
Office through the Airports Business Office to the Florida Department of Transportation
(FDOT). This contract clarifies that process and puts a financial cap on the Sheriffs
construction cost obligation.
Contract Manager: Theresa Cook 6060 Airport! 15
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 09-18-02 Agenda Deadline: 09-04-02
CONTRACT COSTS
Total Dollar Value of Contract: $ 18,750 year
Budgeted? Yesrg] No 0 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
Division Director
Changes
r~~tI1 ~n Needed ~ /'
~LYesDNo~ -;c
~i'~J1{)J-- YesD Nol2J
~YeSDNOcY~ ])
YesD NoD ~ a'J"T;I(}< n Ie,':]
Date Out
Risk Management
O.M.B ./Purchasing
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
SEP-03-02 08,28 FROM,MONROE COUNTY ATTY OFFICE 10.3052823518
PAGE
1/2
AMeNDMENT TO LEASE A6REEMENT
Sheriff of Monroe County
THIS AMENDMENT is made and entered into this
day of
2002. by and between Monroe County, hereafter County, and the Sheriff of Monroe County,
hereafter Sheriff.
WHEREAS, on the 15th day of March, 2000, the parties entered into a lease agreement,
which was amended on December 13, 2000, and September 19, 2001, for hangar space at the
Marathon Airport, hereofter original. lease. Copies of the original lease and amendments are
attached to this amendment and made a part of it; and
WHEREAS, the parties desire to amend ori9inal agreement; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 3(b) of the original agreement is amended to read:
3. b) The County agrees to pay one-half of all the construction costs of the
Sheriff's hangar building, and QSsociated pclved areas and infrastructure, QS
approved by the Florida Department of Transportation and/or F A.A. Payment
Applications will be processed through the Airports Business Office. Upon
receipt of contractors payment application, a copy will be provided to Sheriff.
Sh~riff will furnish a check for one-half of the application amount to the Business
Office. The Business Office will then forwarod the approved payment application,
with the check from Sheriff, to the County Finance Department for review and
payment.
All Change Orders must be approved by Ft>OT and/or FAA. If the Sheriff
wishes to proceed with a Change Order not approved by FtlOT and/or FAA, then
Sheriff will be responsible tor the entire cost of the item.
SEP-03-02 08:28 FROM,MONROE COUNTY ATTY OFFICE 10:3052823516
PAGE
2/2
The County's financial obligation toward construction is limited to grant
funds available from FDOT and/or FAA. The Sheriff's financial obligation shall
not exceed the lesser of $738,386.00 or one.half of total construction costs
unless agreed to by the Sheriff in a subsequent written agreement.
The hangar is County property upon completion.
2. Except as set forth in paragraphs one and two of this amendment to Il4se
agreement in all other respects the terms and conditions of the original agreement rel'nC1in in full
force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative.
(SE^/..)
ATTEST: t>ANNY L. KOLHAGE, CLERK
80ARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Sy
Deputy Clerk
Mayor/Chairman
ATTEST:
MONROE COUNTY SHERIFF
ill &
By
By
TJtle
JdcirMAPMCS802
Jl.?PROVED AS TO rTm;i,~
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LEASE AMENDMENT
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THIS LEASE AMENDMENT is entered into on this -t '" day of <,/"?(..f'I'l....,'tLf>:7'.r, 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.
~:' @~-~~. ~ provided in paragraph 2 of this amendment, in all other respects, the terms
'.- .2.~th ~)iginallease remain in full force and effect.
ill. ..' f'.............',l.~\\
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I ;t;jREOF, the parties hereto have set their hands and seals the day and year
fi ' c;1 0,/
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(SEAI\ +r ~:=I ~ / .',1
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ATTEST~~.,~<KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MO ROE COUNTY, FLORIDA
By ~ c:aL. 0 c . ~yJo.-,-6...,..)
Deputy Clerk
ATTEST:
Byf1AkflUd
JdairportMCSO 01
MONROE COUNTY SHERIFF
By~~LIk~ p~
Title t.. r. lJr,\{, or- .qt//AIt~ttI
.
LEASE AMENDMENT
THIS LEASE AMENDMENT. is entered into on this J s -rAday of I1e (, ,
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 ~ounty, Lessor, or Owner, and the
Sheriff of Monroe County, a constitutional officer, whose address is 5525 College Road, Key West,
FL 33040, hereafter Sheriff. This amendment is entered into pursuant to Sec. 163.01, FS.
WHEREAS, on March 15, 2000 the parties entered into an agreement (the original lease)
whereby the County leased to the Sheriff a certain parcel of land at the Florida Keys Marathon
Airport; and
WHEREAS, the parties now desire to substitute another parcel of land for the one in the
original lease; now, therefore,
IN CONSIDERATION of the mutual promises and benefits set forth below, the parties agree
as follows:
1. Exhibit A-i, which is attached to this amendment and made a part of it, is hereby
substituted for Exhibit A of the original lease.
2. In all other respects the terms and conditions of the original lease remain in full
force and effect.
3. A copy of this lease amendment must be filed with the Monroe County Clerk of the
Circuit Court.
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:
MONROE COUNTY SHERIFF
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LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into on this /5'# day of rvt /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 ~eys
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 written 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 commencing
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 Florida 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,
including 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. Either 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 of services thereon,
no person on the grounds of race, color, or nationa I origin shall be excluded from participation in,
2
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 Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination 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-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 himself, his 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, 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 understood and agreecl 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.
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 Clerk of the Orcuit Court.
.--'-. WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
fi~ abo\'Ei.~ '., ritten.
, ..~\~ii:Y\'.,
(SEAEi~~~~' :;
ATrESt{..:P~NNY L KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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C~J'vu~t~ y~
By r
Mayor/Chit'rperson
ATTEST:
UNIT SHERIFF
By
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