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Item C23 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 15.2004 Department: Airports Bulk Item: Yes X No Airport: Florida Kevs Marathon Airport AGENDA ITEM WORDING: Approval of Lease Agreement with Sanctuary Friends of the Florida Keys, Inc. to lease space at the Florida Keys Marathon Airport on a month-to-month basis, effective January 1, 2005, contingent upon meeting all county requirements ITEM BACKGROUND: Sanctuary Friends ofthe Florida Keys, Inc. requested to lease space in the airport terminal, to be used as office space for the organization. The attached Lease Agreement is on a month-to-month basis, at a rate of$302.90 per month. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: This is a new lease agreement. STAFF RECOMMENDATIONS: Approval TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH $302.90 Year APPROVED BY: County Attorney YES OMB/Purchasing YES Risk Management YES MARATHON AIRPORT MANAGER APPROVAL: // '/ ,'// // // '.... l? L_c.~- ::..-"!'...'.....,-~~_.. /,- ~/ --- .JaE!~s.R. :'~i~ie" Paros ""'0 /<-, .- . '.~. \ ' -~ v Peter J. Horton /~, . /<.//i:' / ",>~j ..' '/ / DIRECTOR OF AIRPORTS APPROVAL: DOCUMENTATION: Included X To Follow_ Not Required_ DISPOSITION: AGENDA ITEM # Cd3 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract #_ Contract with:Sanctuarv Friends of the Effective Date:Januarv 1. 2005 Florida Keys. Inc. Expiration Date:Month-to-month Contract Purpose/Description:Lease agreement for office space in airline terminal Contract Manager:James R. Paros (Name) 6060 (Ext.) Marathon Airport/Stop 15 (Department) for BOCC meeting on December 15.2004 Agenda Deadline: November 30. 2004 CONTRACT COSTS Total Dollar Value of ContI}tCL~02.90 month .~~ G rrent Year Portion: $2.726.10 REVENUE REVENUE ccount odes: Budgeted? YesO No 0 Grant: $_ County Match: $_ - - - ----- - - - ----- - - - ----- - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $ _/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW County Attorney Changes 7 ~f~e ,:n Needed ,...'. ,,/./.'./~~i~%/ ! ~,clI YesO No~.. . . ',Y-. ;/'I.f ~. \l-}Oj YesDNo8-01\~i:W(G~ ~ - .YesDNoD /~~:irr~ /1);/0/ , , / _..//~~ # ~Dt.fYesD No~.S"h._.~----=----~j /1 l. ,[y (.. I l' Date Out ,// ~/ .. - /' /I<~)/ 0(/ Division Director Risk Management \.1' .~.. "J'; f' \ .' -. , .', ~j O.M.B.lPurchasing Comments:_ OMB Form Revised 9/11/95 MCP #2 LEASE AGREEMENT THIS LEASE is made and entered into on the day of , 2004, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Lessor," and SANCTUARY FRIENDS OF THE FLORIDA KEYS, INC., hereinafter referred to as "Lessee," whose address is 9400 Overseas Highway, Suite 125, Marathon, FL 33050. IN CONSIDERATION of the mutual covenants, promises and premises herein contained, the parties hereto agree as follows: 1. PREMISES. The Lessor leases unto the Lessee an area at the Florida Keys Marathon Airport, Marathon, Monroe County, Florida, as follows: A. Public Exposed Area of 130 square feet, located in the Airline Terminal, Suite 125, at a rate of $27.96 per square foot/annually (Exhibit A). Exhibit A is attached hereto and made a part hereof. 2. TERM. The above-described premises are leased to the Lessee on a month- to-month basis beginning January 1, 2005. 3. RENT. The Lessee hereby covenants and agrees to pay to the Lessor rent in the amount of $302.90 per month, plus applicable sales tax, for the use of said premises during the term of this lease. Said rent to be payable in advance on the first day of each month during said term. Rental rates are subject to revision each year, effective January 1, in accordance with the percentage cha nge in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 4. LESSOR'S COVENANTS. The Lessor hereby covenants and agrees with the Lessee as follows: A. The Lessee shall have reasonable ingress, egress and access privileges to the leased premises. B. The Lessee, on keeping the covenants and agreements by him herein contained, shall have quiet and peaceful enjoyment of the demised premises without any interruptions by the Lessor, or by any person or persons claiming by, through or under it. C. Maintenance of the leased premises and any improvements are the responsibility of Lessee. D. Electric, water, sewage and solid waste collection services are included. The Lessee is responsible for telecommunications service, normal cleaning service and routine maintenance of the premises. 5. LESSEE'S COVENANTS. The Lessee hereby covenants and agrees with the Lessor as follows: A. Lessee will utilize the leased areas for the following services: Office space only, to provide clerical support for Sanctuary Friends of the Florida Keys, Inc. B. To pay the Lessor the rent at the times and in the manner provided for by this lease. C. Any commercial aeronautical activity shall be conducted in strict compliance with the Minimum Standards for Commercial Aeronautical Activities. D. To make no improper or unlawful or offensive use of said premises, and to permit the Lessor or its agents to inspect the leased premises at all reasonable times for the purpose of viewing the condition thereof. E. Lessee covenants that he shall maintain and operate and use the premises in compliance with 49 CFR, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. More particularly, Lessee covenants that: a) no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the premises; and b) in the construction of any improvements on the premises and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 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. F. That the Lessee 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. 2 G. 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. H. 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 Florida Keys Marathon Airport. 1. 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. 6. HOLD HARMLESS AND INSURANCE The Lessee agrees to indemnify and hold the Lessor harmless 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 with, or by reason of services provided by the Lessee or any of its Contractors, occasioned by the negligence, errors, or other wrongful act or omission of the Lessee or its Contractor(s), their employees, or agents. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Prior to execution of this agreement, the CONTRACTOR shall furnish the Owner Certificates of Insurance indicating the following coverages or in excess thereof, and naming Monroe County Board of County Commissioners as an additional insured on all policies except Workers Compensation: . General Liability (Premises operations, blanket contractual, expanded definition of property damage, products, and completed operations, personal injury) with $100,000.00 per Person, $300,000.00 per occurrence, $50,000.00 property damage, or $300,000.00 combined single limit; and fire legal liability with limits equal to the fair market value of the leased property) . Vehicle Liability with $100,000.00 per Person, $300,000.00 per occurrence, $50,000.00 property damage, or $300,000.00 combined single limit; . All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less that 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, Sprinkler Leakage, Windstorm, Civil Commotion, Lightening, Sinkhole Collapse, Smoke, Aircarft and Vehicle Damage, Vandalism, Falling Objects, Explosion and Flood. 3 Lessee shall obtain and mainta in th roughout the life of this agreement those insurance coverages and amounts required. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 7. MUTUAL COVENANTS. It is mutually covenanted and agreed by and between the Lessor and the Lessee as follows: A. Lessee shall, upon thirty (30) days written notice from Lessor, abandon said premises. B. This lease shall be binding upon the parties hereto, their successors, executors, administrators and assigns. Any assignment of this lease shall not become effective until approved in writing by Lessor. The premises shall not be sub- let. 8. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and local laws governing the activities under this lease. 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. This written lease represents the parties final mutual agreement and supersedes any prior agreements concern ing 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 caused these presents to be executed on 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/Chairman SANCTUARY FRIENDS OF THE FLORIDA KEYS, INC. 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I '1' ,....... ............,.. .. ..,..,..,...,' . ., u:. :-",-- . . . '..: :: .. :..:....:.:..:.....:.:..:..... ...._ .:...~~;~;..;;.. .. ..~..~...;...~.. .. .. ..;. ~'~'. . ' :~::~:::::j:::: L=:~::~:::::: :~tt t:ti~ ::~::0:~r~<:::~;::n :T: ::i::Ft:~ : ::<:~ ::Lt:t::~:~:. --. .~..:._:._:..... ..... ..-...._.. _0 ..:..~. -:-._~..~.. ..I~:..I.~_:..:-.~...:~.-~..r.. ....,.. ..~-..."':~~_..- . ....~... ..._......__...~~.. ~~... c. :': - - '-/..;. . -".- ...:........... ..\.. ~.: .: ;.. .... ., . . . . - -...1 ... ..... . , . . . .' _.. EXHIBIT A 1 I I Jill I; . . ~: I~:- ~: i~:- - r " [ .- I; , Sct-IS-Z004 OZ:36pm From-HELEN LIBRARY 70S 878 1479 T-114 POOl/DOl F-711 SENT VIA FAX TO: (305) 289-6071 DATE: October 15~ 2004 TO: Reggie Paros, Manager Florida Keys Marathon Airport FROM: Cathy HllI]>e, Manager Sanctuary Friends of the Florida Keys~ Inc. SUBJECT: Office Space at Marathon Airport As per your reoent conversation with George Neugent, President of Sanctuary Friends of the Florida Keys, Inc., our non-profit organization wishes to rent office space in the main terminal at the airport. Since we are not an aviation-oriented organization, we understand the cost for renting the space would be $300.00. We would be using the office for clerical use, and to display information regarding our activities and functions in support of tho Florida Keys National Marine Sanctuary. We appreciate your consideration of this mauer. Please contact me if you need any further information~ or if you have any questions, at (303) 304-1253. - ~17(s SANCTUARY FRIENDS OF THE FLORIDA KEYS, INC. P. O. BOX 504301 MARA mON, FLORIDA 33050