Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 18. 2003
Division: Public Safety
Bulk Item: Yes ~
No
Department: Marathon Airport
AGENDA ITEM WORDING: Approval of Lease Agreement with United Engineering Corp for
lease of property at Florida Keys Marathon Airport to store equipment to be used in conjunction with
the Little Venice Wastewater Treatment Plant Project, for a term commencing January 1,2003 and
ending on September 30,2003, and may be extended on a montWy basis.
ITEM BACKGROUND: United Engineering Corp is under contract with the City of Marathon for
the construction of the Little Venice Wastewater Treatment Plant. The company is storing materials
and equipment that will be used for the project at the Florida Keys Marathon Airport.
The attached lease agreement provides for them to lease the property through September 30,2003, at a
rate of$I,800.00 per month. The lease agreement may be extended on a montWy basis, if necessary.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: This is a new lease agreement.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $ 0.00
BUDGETED: Yes
No
N/A
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes -X No
AMOUNT PER MONTH $ 1.800 YEAR
APPROVED BY: County Atty. YES OMB/Purc
. sk Management YES
DMSION DIRECTOR APPROVAL:
\).3
DOCUMENTATION: Included X
To Follow_
Not Required_
DISPosmON:
AGENDA ITEM # ~ ?Y'
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: United Engineering Corp Effective Date: January L 2003
Expiration Date: September 30. 2003
Contract PurposelDescription: Lease Agreement to use airport property for storage of material
and equipment used for construction of Little Venice Wastewater Treatment Plant
Contract Manager: James "Reggie" Paros
(Name)
6002
(Ext.)
Public Safety 1 Stop 14
(Department)
for BOCC meeting on 6/18/03
Agenda Deadline: 6/3103
CONTRACT COSTS
Total Dollar Value of Contract: $+21.600 (Rev) Current Year Portion: $16.200 (Revenue)
Budgeted? YesO No 0 Account Codes: -_-_
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e~. maintenance, utilities, janitoriaL salaries, etc.)
CONTRACT REVIEW
Date.In
Division Director fP / :>frJOJ
Risk Management sb 0 YesO No
O.M.B./Purchasing 5) \Q)o3vesO NoG?"
County Attorney 5/;;; %3YesO NO~~-'
Comments:
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OMB Form Revised 9/11195 MCP #2
LEASE AGREEMENT
This lease agreement is entered into by and between Monroe County, a political
subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street,
Key West, FL 33040 (hereafter County, Lessor or Owner) and United Engineering Corp.,
whose address is 405 SW 14Sth Avenue, Suite Two, Davie, Florida, 33325 (hereafter
Tenant or Lessee).
IN CONSIDERATION the mutual promises and covenants, the parties hereto agree:
1, The County leases to the Tenant the real property shown on Exhibit A
(hereafter the premises) for storage of material and equipment to be used for the
construction of the Little Venice Wastewater Treatment Plant. Exhibit A is attached to and
incorporated into this agreement.
2. The term of this lease is for a term beginning on January 1, 2003 and ending
on September 30, 2003, and may be extended on a monthly basis.
3. The rent for the premises, 24,000 square feet, is $.90 per square foot,
$l,SOO.OO per month or $21,600.00 per year, with the monthly rent due and payable
beginning on the first day of each month.
4. At the conclusion of the lease term the Tenant must peacefully vacate the
premises and return the premises to the County in the same condition as they were at the
commencement of this lease, normal wear and tear excepted. The Tenant must not
permit, cause or suffer any environmental damage or pollution to the premises including,
but not limited to, the deposit of fuel, lubricants or hydraulic fluid upon the premises. Any
such environmental damage or pollution must be promptly removed by the Tenant at the
Tenant's sole cost and expense.
5. The Tenant may not mortgage, pledge, hypothecate the premises or otherwise
cause or permit any lien to be placed on the premises. If any of the foregoing occurs, the
Tenant must immediately cause the encumbrance to be removed, extinguished or released.
6. During the term of this lease agreement, the Tenant must keep in force and
effect the insurance described in Exhibit B. Exhibit B is attached to this lease agreement
and made a part of it. Any insurance policy required by Exhibit B must provide that the
insurer furnish the County at least 30 advance days written notice if the insurer terminates
the policy before the end of the lease term. Notwithstanding the effective date of January
1, 2003, the Tenant may not begin occupation of the premises until satisfactory evidence of
the insurance required by Exhibit B is furnished to the County's Risk Management Director.
Allowing the required insurance to lapse or terminate is a material breach of this lease
agreement that authorizes the County to terminate this lease, and to require the Tenant to
vacate the premises, with 24 hours written notice to the Tenant.
7. Written communications required under this lease agreement must be sent to:
United Engineering Corp
405 SW 148th Avenue, Suite Two
Davie, FL 33325
Monroe County, Florida
Gato Building
1100 Simonton Street
Key West, FL 33040
All notices will be considered delivered on the date of hand delivery or the date of delivery
to the U. S. Postal Service for delivery by certified mail, return receipt requested.
8. This lease agreement may not be assigned, or the premises subleased,
without the written permission of the County.
9. The Tenant for himself, his personal representatives, successors in interest,
and assigns, as a 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 participation 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
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 Civil Rights Act of 1964, and as said Regulations may be
amended.
10. That in the event of breach of any of the above nondiscrimination covenants,
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.
11. 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.
12. That the Lessee expressly agrees for itself, its successors and assigns to
prevent any use of the hereinafter described real property which would interfere with or
adversely affect the operation or maintenance of the airport, or otherwise constitute an
airport hazard.
13. 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
such 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 Owner pertaining to the Marathon Airport.
14. 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 nonexclusive and the Lessor herein reserves the right to grant similar
privileges to another Lessee or other Lessees on other parts of the airport.
15. This lease agreement is governed by the laws of the State of Florida. Venue
for any litigation arising under this lease agreement must be in a court of competent
jurisdiction in Monroe County, Florida.
16. This written lease represents the parties final mutual agreement and
supersedes any prior agreements concerning the premises, whether written or oral. This
lease agreement may only be modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on
the day of , 2003.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
ATTEST:
UNITED ENGINEERING CORP
By
By
President
Title
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EXHIBIT A
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U \,1 ur 4)
(')')11 Edition
ALL RISK PROPERTY
INSURANCE REQUIREl\-IENTS
FOR
LEASESIRENTALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/IndividuaI taking possession of the property governed by this
lease/rental agreement, the Organization/IndividuaI shall obtain All Risk Property Insurance (to
include the perils of Flood and Wind) with limits no less than the Replacement Cost Value of the
property leased or rented. Coverage shall be maintained throughout the life of the Lease/Rental
Agreement and include, as a minimum, liability coverage for:
..... "
Fire Lightning VandaIism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Wmdstorm Smoke Explosion
Civil Commotion Aircraft and Verode Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
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Administration Instruction
#4709..5
29
EXHIBIT B (2 of 4)
I Q(J(l Edil10n
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASEIRENTAL OF PROPERTY
O~DBYTHECOUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividual taking possession of the property governed by this
lease/rental agreement, the OrganizationlIndividual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
... . - 10
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage .
· Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimwn limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum ofrwelve
. _. (12) months following the termination of the Lease/Rental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
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Administration Instru(."tion
U709.5
30
EXHIBIT B (3 of 4)
1 ()Q6 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASESIRENTALS OF
COUNTY-OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividual taking possession of the property governed by this
lease/rental agreement, the Organization/Individual shall purchase Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the LeaseJRental
Agreement and include, as a minimum, liability coverage for:
..... . . .
· Owned, Non-Owne~ and Hired Vehicles
· Physical Damage Protection (if the leased property is a County-owned vehicle)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
. ACV for Physical Damage
i If split limits are provide~ the minimum limits acceptable shall be:
$ 100,000 per Person
$ 300,000 per Occurrence
$ 50,000 Property Damage
ACV for Physical Damage
The Monroe County Board of County Commissioners shall be named as Additional
InsUred on all policies issued to satisfy the above requirements. In addition, if the
lease/rental agreement involves County-owned vehicles, the Monroe County Board of
County Commissioners shall be named as "Loss Payee" with respect to the physical
. -. damage protection.
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Administration Instruction
#4709.5
J I
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EXHIBIT B (4 of 4)
I C)Qri Editinn
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for Organizationsllndividuals
Leasing County-Owned Property
The Organization/Individual coverumts and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe County) and
any other losses, damages, and expenses (including attorney's fees) which arise out of. in
connection wi~ or by reason of the OrganizationlIndividual utilizing the property governed by
this lease/rental agreement.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
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Admini:stration Instruction
~4709.5
100