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Item C15 ... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 14,2004 Department: Airports Bulk Item: Yes X No Airport: Florida Keys Marathon Airport AGENDA ITEM WORDING: Approval of Amendment to Lease Agreement with Florida Keys Aqueduct Authority (FKAA) to lease an additional area adjacent to FKAA's current leasehold at the Florida Keys Marathon Airport ITEM BACKGROUND: Florida Keys Aqueduct Authority has requested to lease an additional area of 2,438 square feet adjacent to their current leasehold for a proposed office/support facility and for automobile parking for employees and/or contractors of the Little Venice Waste Water Treatment Plant (WWTP). This amendment provides for the lease of additional land at the Airport and also addresses the fencing, gates and paving that will be required of the FKAA. PREVIOUS RELEVANT BOCC ACTION: On March 15,2000, Board approved a Lease Agreement with Florida Keys Aqueduct for a parcel of land at the Florida Keys Marathon Airport upon which to build and operate the Little Venice WWTP. CONTRACT/AGREEMENT CHANGES: This amendment leases an additional 2,438 square feet to FKAA for a proposed office/support facility and for automobile parking for employees and contractors of the Little Venice WWTP. ST AFF RECOMMENDATIONS: Approval TOT AL COST: N/ A BUDGETED: Yes No COST TO COUNTY: N/ _ SOURCE OF FUNDS: REVENUE PRODUCIN'G: Yes L No AMOUNT PER MONTH_ Year $ 2,291.72 DIRECTOR OF AIRPORTS APPROVAL: APPROVED BY: CouLty Atty YES OMB/Purchasing YE~) Ri~~/~ement YE,~ .. MARATHON AIRPORT MANAGER APPROVAL: ' /~~.f/ ,:' Z-~---'---7:f'~~ (> 5~ /J~~aros Peter J. Horton To FollOW_Not Required_ Included ---X DOCUMENTATION: DISPOSITION: AGENDA ITEM # C.... t? JUN-28-04 17,16 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516 PAGE 1/2 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARy Contract # Contract with: Florida Keys Aqueduct Effective Date: Upon Approval Authority (FKAA) Expiration Date: March 14,2020 Contract PwposefDescription: Amendment to Lease Aereement to lease an additional 2,438 square feet for a orooosed office/support facility and for parkinl! for employees and/or contractOrs of the Little Venice Waste Water Treatment Plant Contract Manager: James "Res-gie" Paros 6002/6060 (Name) (Ext.) Marathon AilJ)ort (Department) for ROCC meeting on July 14. 2004 A~enda Deadline: June 29.2004 Total Dollar Value of Contract: Budgeted? YesD No 0 Grant: $_ County Match: $_ - - - - ----- - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Nor included in dolla.r value above) e . maintenance, utilities, janitorial. salaries. etc.) . . - - ----- CONTRACT REVIEW Changes f Da~e Ip Needed ~/// Division Director f;/ iY>, "/YesO NoW Comments:_ OMB Form Revised 9/11/95 MCP #2 AMENDMENT TO LEASE AGREEMENT FLORIDA KEYS AQUEDUCT AUTHORITY THIS AMENDMENT is made and entered into this day of 2004, by and between Monroe County, hereafter County, and Florida Keys Aqueduct Authority, hereafter FKAA. WHEREAS, on the 15th day of March, 2000, the parties entered into a 20 year lease (the original lease) to lease premises at the Marathon Airport for the purpose of constructing, operating and maintaining a waste water treatment facility; and WHEREAS, the FKAA desires that the County lease the FKAA an additional parcel of land at the Marathon Airport and the County is willing to lease such a parcel; and WHEREAS, the parties desire to amend the original lease, now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1 ) Monroe County proposes to lease to the FKAA addi tional area of 2,43 8 square feet at the southeast end of the airport adjacent to the FKAA's current leasehold, as depicted on Exhibit A-I, at the rate 0[94 cents per square foot for an annual rent of $2,291.72 for a proposed office/support facility which is to be provided by the FKAA and for automobile parking for employees and/or contractors of the Little Venice WWTP. Exhibit A-I is attached to the agreement and made a part of it. The rate will be adjusted annually in accordance with Section 2 ofthe original lease. 2) FKAA is to install a 6-foot chain link fence with I-foot barbed wire to surround the airport's existing rotating beacon, with two 3-foot pedestrian gates, one on the west side and the other on the north side. The fence will be at least 10- feet from the beacon's supporting tower on all sides. 3) FKAA is to relocate and install the airport's motorized gate (Gate 1) including all associated and/or related devices, mechanisms and hardware including the security card reader to a location on the present driveway just north of the FKAA leasehold and adjacent to the Mosquito Control District's aviation hangar. New 6-foot fencing with 1- foot barbed wire is to be installed behind that hangar's south entrance and from the driveway running easterly to the airport's existing eastern perimeter fence. "Gate 1" will be integrated into this new fence. JUN-28-04 17, 16 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516 PAGE 2/2 4) FKAA proposes to install a new motorized gate at the fonner location of the Airport's "Gate In. FKAA must provide and keep open ingress and egress to the premises sufficient to allow for the passage of the Airport's vehicles, the Mosquito Control District's vehicles and any others designated by the Airport Manager. Furthermore, FKAA is to provide a means of opening this gate that is adequate to satisfy the needs of the Airport's personnel, those of the Mosquito Control District, and any others designated by the Airport Manager. 5) FKAA is to asphalt the driveway of "Gate 1" from U.S. Highway I to the existing asphalt driveway which is just north of the relocated Airport's "Gate 1 ", 6) FKAA is to ensure that the Little Venice WWTP's perimeter fence is 6-feet in height and equipped with I-foot barbed wire in all areas where it adjoins with the Airport's property, 7) FKAA is responsible for obtaining all approvals and permits associated with the aforementioned and to bear the associated and or related costs of same. All other provisions of the March 15, 2000 original lease, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be executed by its dUly authorized representative. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman By Deputy Clerk ATTEST: By FLORIDA KEYS AQUEDUCT AUTHORITY By ,,\,:::c~ CO Ji'lT'.' A",-,C~':~\::~ ': ~..ED.A ~ .- .,. . - - /?), ~,':f:; , '. HliTT N . . / {.:.. .~.Z;"(j'(. TORNEY :. , (g / 2--iJ (J-~ __.__ Title 2 " '\. ~ ~ .~.."" ~ - . ' , ' R' . ~ , r ~ 7 .<1 " :;l 1: ; \ EXHIBIT ~-1 I I ~ r ! ~ J " t~ ~~\..~ ">t.-S ....- ~> , ''- ~~~... ~ " " f i, ('.. if' % ~ ,0 ~ ~ ,,. l! ~~ '" '! ~ ~ , ~ .~ :: ~~ '2 ~ ~ ~ ~ 'r ! .J ;;; ~ if to.-~,,- , .~~''-'''''''''''''''''''''''' , " ~ J ,~ '- ~ '~{ .~ ;. \~, , '- '\.." j ~ ~~ \ \. '-'. "'. ~~~--"-~ '\ '''., ~ ~ ~? 1 ~ \ ~, " ;; ! t '> . " ~':,j""# /'+i 0-~ -.; ..-:- ~~ .-r _ ~ -;V'-'< ~~ r-r~ .&=~.fl " 3~).. ~ r Jo ..:; ~ J el~ ~ 'l., ~ ' ~~~~~ tJ~~D , ~ ~ ~ "'- ~ ~o~ () ~ o ~ j ; . ,0: . ":t.t j ~ ~~~ (fj t.. \; ~~ ,{ 1~<<1 i I[' ~~C'A.~ ~ ~ ,...,~~ ~ ~ Bril ! r...~ !J :J1 l-~ t -- -'- LEASE AGREEMENT THIS LEASE AGREEMENT IS entered into on this ! 5--t-tr day of ;114((// ,2000, I 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 See. 163.01, FS. WIT N E SSE T H: IN CONSIDERATION of the mutual pmmlses- and benefits set forth below, the parties agree as follows: 1. a) The County leases to FKAA a parcel of land at the Florida Keys Marathon Airport as depicted on Exhibit A, hereafter the premises. Exhibit A is attached to this agreement and made a part of it. The County must also provide and keep open ingress and egress to the premises sufficient 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 paragrJph 7. L, The term of this lease is twen ty (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 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 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 authonzed to construct a wastewater treatment faCility at it.s 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 remai n the property of the FKAA during the term of this lease and upon the termination of the I(dse 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 the term of this lease the FKAA must keep in force 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 anse 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 telecomm mications, electncal, sewer, water and solid waste collection service for the premises. 7. a) The tenant for itself, its personal repres.:.ntatives, 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 fumishing 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 3 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. 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 nghts. 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 rig llt 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. i-hat the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of the hereinafter described real property which should i nterfere wit~: or adversely affect the operation or maimenance 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 regulations which have been, or may hereafter be adopted by the Airport Owner pertaining 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 nonexclusive and the Lessor herein reserves the right to grant Similar pnvileges 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 .-- ..----:-...-.. -.- . .", )frst ab,,:ve wr~en. ( - . '. . " - ~ :.. ~ i (SEA~)' : :.:" ) \. ATTEST: DANNY L. KOLHAGE, CLERK '''\..' -,,;/--, - ~.. . , . , By .u.... l \~ DeputY' Clerk IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ByJ'~.:F~ Mayor / Ch~p'(.~rson ATTEST: FLORIDA KEYS AQUEDUCT AUTHORITY By By Title c:: Board Approved 3/22/00 Jcfkaa-map 5 EXHIBIT 'A' ao :v 0 ,( D c:J ?2 - <: ~ <;) n, 1 I / f I I f I i I I I 1 I I I ItJ 1?2 I~ fA I ~ ~ 1 L- ~ ~- r- .J G' i~- 8 ~ _~U) o::-fC--- , ::0 '--' &It as &A r-~ _ a ~1- .. // " . ---- /'t) n n .. I i I I I I I I I I ! I I I I I I I I I J I I I 1 : I 11 1 I : I I I I I : I I I : I I I I I I , ---rr I I' I \ I ' I I / I I ; I { ,..--. ----~\ \----~~ " ~ '- ~ .., "1- " '" '" ~ .. .. ..... ,. "It "t. 1:: ~ "- . -- EXHIBIT 'B' INSURANCE REQUIREMENT 1996 Edition 1 I MONROE COUNT\', FLORIDA RISK l\lAN AGE1VIENT POLICY AND PROCEDURES CONTRACT AD1YlINISTRA TION MANUAL General Insurance Requirements for Airport/Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging of personnel and material), the Vendor shall obtain, at his/her 0\\11 expense, insurance as specified in the attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre- staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. The Vendor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, ei ther: . Certificate of Insurance or .. A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required b:/ this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements mUst be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 24 \IO\"ROE COU.\TY:\10,\'ROE COUNTY, FLORIDA RlSK M.ANAGEM:ENT POLICY AND PROCEDURES CONTRACT ADMJNISTRATION J\1AJ\ru AL Indemnification and Hold Harmless. for Airport! A(rcraftActi'\'ities;~<:~ Ine Vendor covenants 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 o\\TIed by Monroe County) and any other losses, damages, and expenses (including anomey's fees) VI'ruch arise out of, in connection with, or by reason of services provided by the Vendor or any of its Contractors, occasioned by the negligence, errors, or other \1.Tongful act or omission of the Vendor or its Contractor(s), Lheir employees, or agents. The e:\."1ent of liability is in no way limited to, reduced, or lessened by the insurance requirements cont.:iined elsewhere \\ithin this agreement. AIR 100 GL\'ERAL LIABILITY I!\'SUR>\J\'CE REQ (j lREMENTS FOR CONTR>\CT BET\VEEN MONROE COUNTY, FLORIDA A...1\1) Prior to the commencement of work eovemed by this Contract, the Contractor shall obtain General L i a b i J i ty Ins uran ce. Co vera g e shall be mai n tai ned tmou gho ut th e !i f e 0 f th e Contract an d include, as a minimum: a Premises Operations -- Products and Completed Operations .. Blanket Contractual Liabilit)' '" Personal Injury Liability ~ Expanded Definition of Property Damage The minimwn limits acceptable shall be: S300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S] 00,000 per Person S300,000 per Occurrence S 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 effeclive date of'ms Contract. In addition, the period for whicb claims may be reported should extend for a minimum of twelve (12) months fOllov;ing the acceptance of work by the County. The Monroe County Board of County CommiS5ioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLI 54 POLLUTIO-,," LIABILITY INSURAJ"CE REQUIRE.MENTS fOR CONTRACT BET\VEEN MONROE COUNTY, FLORIDA ^-,'\'D Recognizing that the work governed by this Contract involves the storage, treatment, processing, or transporting of hazardous materials (as defined by the Federal Environmental Protection Agency), the Contractor shall purchase and rnainUJin, throughout the life of the Contract, Pollution Liability Insurance which "ill respond to bodily injllr}', property damage, and environmental damage caused by a pollution incident. Tne minimum limits of liability shall be: :b J ,000,000 per Occurrence/S2,000,QOO Aggregate If coverage is provided on a claims made basis, an extendcd claims reporting period offour (4) years \\i11 be required. POL2 ( VEHICLE LIABILITY INSURANCE REQUIRE1\1:ENTS FOR CONTRACT BEDVEEN J\10NROE COUNTY, FLORIDA M'TI Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain V erucl e Liability Insurance. Coverage shall be maintained throug:hout the life of the contract and include, as a minimum. liability Coverage for: - - ..- ~ O\\l1ed, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: S 1 00,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: S 59,000 per Person S 1 00,000 per Occurrence S 25,000 Property Damage The Monroe County Board ofCounry Commissioners shall be nam,?d as Additional Insured on all policies issued to satisfy the above requirements. \"LI \\'ORKERS' CO.'\IPENSA TION INSURANCE REQUIREMENTS FOR CONTRACT BET\VEEN MONROE COUNTY, FLORlDA AA'D Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: _ S 1 00,000 Bodily Injury by Accident 5500,000 Bodily Injury by Disease, policy limits S] 00,000 Bodily Injury by Disease, each employee Coverage shall be mainL3.ined throughout the entire term of the contract. Coverage shall be provided by a comparlY or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the florida's Depanment of Labor, as an authorized self- insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Lener of Authorization issued by the Depanment of Labor and a Certificate ofInsurance, providing details on the Contractor's Excess Insurance Program. If the Co n tract or parti c i pa t es in a sel f- i nsuran c e fun d, a Cen i fi cate 0 fI nsurance will be required. In addition, the Contractor may be required to submit updatcd financial statements from the fund upon request from the County. Wel 88