Item C39
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2005
Division: Public Safety
Bulk Item: Yes -X. No
Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Reggie" Paros
AGENDA ITEM WORDING:
Approval of Lease Agreement with Disabled American Veterans, Chapter 122, for lease of property at
Florida Keys Marathon Airport, for a term of sixty months
ITEM BACKGROUND:
The Disabled American Veterans (DA V), Chapter 122, leases property at the Florida Keys Marathon
Airport. The Federal Aviation Administration (FAA) requires that the DA V pay Fair Market Value for
the property or provide benefits to the Airport that are equivalent to the appraised Fair Market Value of
the annual rental payment. The DA V shall provide maintenance, improvements and services during
the year equivalent to the $28,980 annual rental fee.
PREVIOUS RELEVANT BOCC ACTION: On June 9, 1999 the Board approved a lease agreement
with Disabled American Veterans, Chapter 122, for land and building on the Marathon Airport.
CONTRACT/AGREEMENT CHANGES: The term ofthe agreement has changed, to be effective
upon execution, for a period of sixty (60) months.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $0.00
BUDGETED: Yes
No
N/A
COST TO COUNTY: $0.00
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No_N/A AMOUNTPERMONTH_ Year
APPROVED BY: County Atty YES
DIVISION DIRECTOR APPROVAL:
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Risk ?vlanagernent YES
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DOCUMENTATION:
Included ~
DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Contract with: Disabled American
Veterans (DA V)
CONTRA.CT SUll,;fMARY
Contract #
Effective Date: June 15, 2005
Expiration Date: June 14, 2010
Contract Purpose/Description: Lease of premises on airport property to Disabled American
Veterans, Chapter 122. DA V will provide maintenance and improvements of the premises,
services and cash payments for a total value of 528,980 per year.
Contract Manager: James R. Paros
(Name)
6060
(Ext.)
Marathon Airport/Stop 15
(Department)
for BOCC meeting on June 15. 2005
Agenda Deadline: Mav 31 2005
CONTRA.CT COSTS
Total Dollar Value of Contract $28,980 value Cun-ent Year Portion: $28,980 value
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) (eg. maintenance, utilities, i ani tor iat, salaries, etc.)
CONTRA.CT REVIEW
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Division Director 5//3 "D o(YesO NoV ;"-?---'/7<-'
Risk Management 5-~D5 YesO N00 11i~.L<-< ~
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Comments:
OMB Form Revised 9/11195 MCP #2
LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
DISABLED AMERICAN VETERANS (DA V)
THIS CONTRACT OF LEASE is made and entered into this day of
, 2005, by and between MONROE COUNTY, a political subdivision ofthe
State of Florida, hereinafter referred to as "COUNTY" and DISABLED AMERICAN
VETERANS (DA V), Chap. 122, hereinafter referred to as "DA V".
WHEREAS, COUNTY owns property adjacent to and including an airport known as the
Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter
referred to as "Airport"; now, therefore
IN CONSIDERATION ofthe premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto
DA V, and DA V does hereby lease from COUNTY, certain premises, facilities, rights and
privileges as follows, to wit:
1. Premises. COUNTY does hereby lease to DA V, and DA V leases from the
COUNTY, a parcel of land located at the Florida Keys Marathon Airport and improvements
thereon, as described in Exhibit "A" attached hereto and incorporated herein.
2. Term. The term of the lease shall be sixty (60) months, commencing
,2005 and ending on ,2010.
3. Rentals and Fees. During the term of this lease, DA V shall provide maintenance and
improvements of the premises, services and cash payments for a total value of $28,980.00 per
year. Such maintenance and improvements of the premises, services and cash payments will be
similar to those provided during its previous lease ofthe premises, as described in Exhibit "B",
8/27/98 Memo from Peter Horton to Charles Blair, attached hereto and incorporated herein.
Failure to perform DA V's obligations under this lease constitutes a default for which
cause the COUNTY may terminate this agreement. The acceptance by the COUNTY of any
improvements, repairs or services shall not operate as a waiver of any future default.
4. Record-keeoin2: and Audit Procedures. At the end of each contract year it shall be
determined if the total value of maintenance, improvements and services provided during the
year is equivalent to the $28,980 annual rental fee. If they are not equivalent, the difference shall
be treated as follows:
a. If there is an excess of value of maintenance, improvements and services over
$28,980, the difference shall be credited to the following year's requirements; or
b. If $28,980 exceeds the value of maintenance, improvements and services, the
difference shall be paid by DA V to COUNTY within 30 days of the accounting.
DA V shall keep all records relevant to the maintenance, service and payments required
by this lease on generally recognized accounting principles, acceptable to the COUNTY, which
records shall be available to the COUNTY or its authorized representatives for audit. Said
records shall be made available weekdays from 8:30 AM to 5:00 PM and shall be retained for a
period of at least three years following the termination of this agreement.
In the event of an audit exception at the end of the term, DA V shall pay to COUNTY any
amount necessary to complete its obligations under this Lease.
5. Leasehold Improvements and Use. DA V shall have the right to occupy the
premises as described in Exhibit "A".
6. RiI!ht of In2ress and E2ress. DA V, its agents, employees, customers, suppliers, and
patrons shall have the right of ingress and egress to and from the leased premises, which shall not
be unreasonably restricted by COUNTY.
7. Utilities. DA V shall be responsible for the payment of electrical service, water
service, trash and septic tank servicing and similar utility services as needed.
8. Assi2nment. The premises leased hereunder may not be sublet and this lease may
not be assigned without the written consent of the COUNTY.
9. Maintenance of Premises. DA V shall be responsible for and shall properly maintain
the leased premises, and upon the termination of this lease, shall leave the premises in at least as
good condition as at the time of the commencement of this lease, normal use and occupancy
excepted.
10. Indemnification/Hold Harmless. DA V agrees to indemnify and save COUNTY
harmless from and against all claims and actions and expenses incidental thereto, arising out of
damages or claims for damages resulting from the negligence ofDA V, its agents, or employees
in the use or occupancy of the leased premises and the common areas of the Airport facilities by
DA V. However, DA V shall not be liable for any claims, actions or expenses resulting from the
COUNTY's negligence. The extent ofliability is in no way limited to, reduced or lessened by
the insurance requirements contained elsewhere within this agreement.
11. Insurance ReQuirements.
a. DA V will obtain or possess the following insurance coverages and will provide
Certificates of Insurance to County to verify such coverage:
General Liabilitv. DA V shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Insurance Liability,
Expanded Definition of Property Damage and Fire Legal Liability (with limits equal to the fair
market value of the leased property.) The limits shall not be less than:
$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
2
Liquor Liability - Recognizing that the work governed by this contract involves the sales
and/or distribution for alcoholic beverages, DA V's General Liability Insurance policy shall
include Liquor Liability with limits equal to those of the basic coverage.
Vehicle Liability. DA V shall provide coverage for all owned, non-owned and hired
vehicles with limits of not less than:
$100,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
Worker's Compensation. DA V shall provide coverage with limits sufficient to respond
to the applicable state statutes.
Employers' Liability. DA V shall provide Employer's Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
b. The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies, except Worker's Compensation.
c. 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 days prior
notification is given to the COUNTY by the insurer.
d. The acceptance and/or approval ofDA V's insurance shall not be construed as
relieving DA V from any liability or obligation assumed under this lease or imposed by law.
e. DA V shall maintain the required insurance throughout the entire term of this lease and
any extensions which may be entered into. The COUNTY, at its sole option, has the right to
request a certified copy of any and all insurance policies required by this lease. Failure to
comply with this provision shall be considered a default and the COUNTY may terminate the
lease in accordance with Paragraph 12.
f. 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 be approved by Monroe County Risk Management.
12. Default. Unless the COUNTY has accepted in writing a delay in performance of
duties, the failure to perform said duties shall constitute a default under the terms ofthis lease.
The failure ofDA V to perform any of the covenants ofthis lease, which failure shall continue for
a period of fifteen (15) days after notice thereof is given to DA V in writing by the COUNTY,
shall also constitute a default under the terms of this lease. In the event of a default, COUNTY
may, at its option, declare the lease forfeited and may immediately re-enter and take possession
of the leased premises and this lease shall terminate. If it shall be necessary to employ the
services of an attorney in order to enforce its rights under this agreement, the COUNTY shall be
entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind
3
the COUNTY to forego the provisions of this paragraph and any subsequent default shall be
grounds for termination.
13. Books. Records and Documents. DA V shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement and for
four years following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to DA V pursuant to this Agreement were spent for purposes
not authorized by this Agreement, the DA V shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to DA V.
14. Governini! Law. Venue. Interpretation. Costs. and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of this Agreement, the COUNTY and DA V agree that venue
wi111ie in the appropriate court or before the appropriate administrative body in Monroe County,
Florida.
The COUNTY and DA V agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
15. Severabilitv. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be enforceable to
the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and DA V agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
16. Attornev's Fees and Costs. The COUNTY and DA V agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
17. Bindim! Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the COUNTY and DA V and their respective legal
representatives, successors, and assigns.
4
18. Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
19. Claims for Federal or State Aid. DA V and COUNTY agree that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
20. Adiudication of Disputes or Disa2reements. COUNTY and DA V agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no resolution can be agreed upon within 30
days after the first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement or by Florida law.
21. Cooperation. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and DA V agree to participate, to the extent required by the other party, in
all proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and DA V specifically
agree that no party to this Agreement shall be required to enter into any arbitration proceedings
related to this Agreement.
22. Nondiscrimination. COUNTY and DA V agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a
court of competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of the court
order. COUNTY or DA V agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended
(42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination
on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act
of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color,
sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
5
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to, or the subject matter of, this Agreement.
23. Covenant of No Interest. COUNTY and DA V covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or degree
with its performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
24. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
25. No Solicitation/Pavment. The COUNTY and DA V warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the DA V agrees that the COUNTY shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
26. Public Access. The COUNTY and DA V shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the COUNTY and DA V in conjunction with this Agreement; and the COUNTY shall have
the right to unilaterally cancel this Agreement upon violation of this provision by DA V.
27. Non-Waiver of Immunitv. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the COUNTY and the DAVin this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
28. Privilel!es and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits ofthe COUNTY.
6
29. Le2al Obli2ations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
30. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
COUNTY and the DA V agree that neither the COUNTY nor the DA V or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits
under this Agreement separate and apart, inferior to, or superior to the community in general or
for the purposes contemplated in this Agreement.
31. Attestations. DA V agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement.
32. No Personal Liabilitv. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
33. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
34. Section Headin2s. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
35. Cancellation of Lease. COUNTY may cancel this lease agreement by giving DA V
sixty (60) days advanced written notice upon the happening of any of the following events: the
appointment of a receiver of DA V's assets; the divesting of DA V's leasehold estate by other
operation of law; the abandonment by DA V of its operations at the premises for a period of sixty
(60) days. By the end of the sixty (60) day notice period, DA V shall have vacated the premises
and the COUNTY may immediately re-enter and take possession of same. If it is necessary to
employ the services of an attorney in order to enforce the COUNTY's rights under this
paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
7
36. FAA Requirements. The parties shall comply with FAA Requircd Leasc Clauses,
which are listed in Exhibit "C", attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have causcd this lease to bc executcd this
day of ,2005.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Ma yor/Chairperson
WITNESSES:
DISABLED AMERICAN VETERANS
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EXHIBIT "A"
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EXHIBIT "A" TO
LEASE DATED OCTOBER 1, 1978
BETHEEN COUNTY OF MONROE. STATE OF FLORI DA
AIW DISABLED AMERICAN VETERANS (DAV) CHAPTER 122
DF.SCRIPTIOtl Of" A PARCEL OF LAND FOR THE "DISABLED AMERICAN VET-
ERANS", MARATHON, FLORIDA, AS REQUESTED BY HR. KOBERT PICK.
Situa::ed in the County of Monroe, and State of
F1ori~a, and known as being a part of Section 1,
Tow~ship 66 South. Range 32 East on Key Vaca,
~nd houndcd and described as follows:
fi0r,inninp, at the southwesterly corner of the
M~rnthon Air Strip, bear North along the westerly
line thereof 150.00 feet; thence bear North
67 degrees, 51 minutes, 00 seconds East 250.00
fcet; thence benr South 150.00 feet to a point on the
Southerly line of said Marathon Air Strip; thence
'bea~ South 67 d~r.,l.JICs, 51 minutes, 00 seconds West
alon~ ,the Southerly line of said Marathon Air Strip,
250.00 feet b~ck to the Southwesterly corner there-
of, and place of beginning, and containing 0.797
acres of land.
ALSO DESCRl Biri-~"AS
StartinR at the S.W. corner of the airport, proceed
N67057' E, 28'. to a point on the south line', of the
airport which shall b~ the point of beginnini. thence
N00002')O"E along a line parallel to the west line
of the airport 150'. thence N6705l' C 250'. then south
150' S00002')0" to a point on the south line of the
airport S67oSl'W thence 250' back to the S.W. corner
of th~ airport. the point of beginning.
Note: The west line of the airport is 28' west of
the airport fence and at the south bound" lane of
Aviation Boulevard.
t.!;', .
EXHIBIT "B"
MAINTENAN(:E, IMPROVEIVJIl:NTS, SERVICES
-7
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.---------.,.'. AUG 31 1998
BOARD OF COUNTY COMMISSIONERS
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COUNTY of MONROE ~.,
KEY WEST FLORIDA 33040 _ ~-
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August 27, 1998
Charles Blair, Manager
Federal Aviation Administration
5950 Hazeltine National Drive
Suite 400
Orlando, FL 32822
Dear Charlie:
MAYOR, Jack london, District 2
Mayor Pro Tern, Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Keith Douglass, District 4
Mary Kay Reich, District 5
Attached is what I believe, to be a very workable plan to keep the DA V on the
Marathon Airport. The memo outlines the annual services that the DA V will
perform to support our facility and its users.
The document is a collaborative effort between both the DA V and myself. They
have reviewed the imal draft and have given it unanimous approval. I am also
anticipating a unanimous afiIrmative vote at the September 9,1998 BOCC meeting
in Marathon.
I am also attaching letters of support and interest in the various programs and
service~; that the DA V proposes to accomplish and render during th~ next year.
In the course of coming to an agreement with the DA V, I have met with their
members on many occasions over the last few months. I can honestly say that I have
no doubts of their sincerity or their ability to follow through with the
implementation of this plan. They are very enthusiastic and they look forward to
serving an aviation function which will be a direct benefit to the airport.
cc: David Bjorneboe, Florida Department of Transportation
e
OK~y~.TTY of ~L?'~A~2E
MEMORANDUM
B to OF COUNTY COMMISSIONERS
MAYOR, Jack London, District 2
Mayor Pro Tem, Wilhelmina Harvey, District 1
Shirley Freeman, District 3
Keith Douglass, District 4
Mary Kay Reich, District 5
Charles Blair, Manager
FAA ADO
Orlando
Peter J. Horton, DiVision Directot:"K\1-
Community Services Division ~
TO:
FRO 1\,'1:
DATE:
August 27, 1998
SUBJECT: DA V Services in lieu of Rent Payments to allow the
Disabled American Veterans to remain on the
Marathon Airport
As you know the DA V has leased property at the Marathon Airport
since October 1, 1978. The current lease expires on September 30, 1998.
You have submitted two letters to Monroe County outlining FAA's
position on a lease extension (I\tIarch 9, 1998 and July 20, 1998). In your
letters you have stated that the DA V must pay Fair Market Value for the
property or provide equivalent benefits to the Airport.
The following is an outline of how the DA V will annually provide
equivalent benefits to the Airport which will exceed the appraised FMV
rental of $28,980.
@
The elements of the proposal are divided into three categories of
benefits: Maintenance and Improvements, Events, and Programs.
MAINTENANCE AND_Il\1PROVEMENTS
Upon the expiration of the existing lease, the building and all of its
appurtenances (constructed and paid for by the DA V) become the
property of Monroe County.
Because the DA V was unsure of the status of their request for a lease
extension many maintenance and improvement projects have been
deferred during the last year.
Upon execution of a new lease the following projects will be
accomplished which will enhance the value of the property, soon to be
owned by the County.
1. Repair and upgrade of:
a. Electrical Systems
b. Air Conditioning Systems
c. Plumbing Systems
d. Floors
e. Walls
f. Ceilings
g. Painting as needed
ESTIMATED FMV OF TillS WORK ---------- $10,000
2. Improvements to the grounds and parking facilities:
a. New Planting with mulching
b. Fence Refurbishing
ESTIMATED FMV OF THIS WORK ---------- $ 3,000
Pa2;e 2
EVENTS
Promotion of the Marathon Airport is becoming critical due to declining
commercial air service. The County is about to implement a marketing
plan to obtain additional service and passengers. The staging of special
events at the Airport will help with our promotional efforts. The DA V
with its large assembly room and food and beverage facilities will be a
tremendous asset to these events.
1. Bomber Day (Annually, in the last week of January, the Collings
Foundation brings down two W.W.II bombers for rides and
display)
The DA V will assist in one or more of the following:
a. Hospitality Services
1. Meeting Room
2. BanquetlBuffetlBeverages
b. Transportation services for pilots and crew
ESTThIATED FMV OF THESE SERVICES --------- $ 2,500
2. One Annual Event to be hosted and coordinated by the DA V.
In the past the Airport has sponsored an Airport Appreciation Day but it
did not become an annual event.
The DA V ",ill undertake at least one event a year. Plans for exactly
what type of community/airport event will take place are uncertain at
this time, however the following is a list of possibilities:
a. Airport Open House
b. Airport Appreciation Day
c. Skydiving Days
d. Antique Airplane Show
e. Model Airplane Show
ESTIMATED Fl\'IV FOR THESE SERVICES -------- $ 9,500
Pa2:e 3
PROGRAMS
1. Airport Intern Program
For the last two years the Airport Department has taken on a summer
intern to work in airport offices during .June, July, and August. The
DA V already has a scholarship program in place.
We propose to combine the two programs. The DA V will take over the
Airport Intern Program and screen and interview all prospective
candidates. They will monitor the intern's progress, and will award a
scholarship of $1,000 to the intern after he or she has completed' the
program.
ESTIMATED FMV FOR TillS WORK ---------- $ 3,000
2. Assistance to other Aviation related groups operating from the
Marathon Airport.
In the J\rlarathon area meeting room space is very limited and expensive.
The DA V has a 1,320 sq. ft. meeting room which is ideally suited to
conduct aviation related group meetings. A FMV cost of $50.00 per
hour was determined by surveying other like facilities in the area. The
following is a list of groups which will be using the DA V building in the
future:
A.
D.
FKAA - The Florida Keys Aviation Association (General
aviation aircraft owners and pilots).
Civil Air Patrol - The DA V will become their clubhouse for
meetings.
Young Eagles - The DA V will become their classroom
facility .
Monroe County Airports - The DA V will become the
meeting room of choice when we have a pre-bid conference
on a large project with many expected attendees.
B.
C.
ESTIMATED F~IV FOR TillS SER\TICE ---------- $ 4,500
Pae:e 4
TOTAL ESTIMATED ANNUAL FMV OF DAV SERVICES TO THE
MARATHON AIRPORT --------- $32,500
Other elements of this proposal:
A. Term of the lease
The DA V is requesting that the initial term of the lease extension be for
five years.
B. Monitoring of DA V Services to the Airport.
On an annual basis, the Airport Department will audit the DA V's
accounting of services provided to the airport and the value placed upon
them. The period to be reviewed will be from October 1 to September
30 annually. The DA V will have 30 days after September 30 to submit
their documentation to the Airport Department. The Airport
Department will have 30 days after receipt of the documentation to
review it. The FAA may require to inspect any and all documentation
~ received from the DA V or the Airport Depa,rtments review of those
documents.
C. Year End Carryover.
If the DA V renders services to the Airport that exceed the FMV of the
annual rental payment, any surplus will be credited toward the next
years rental payment. Conversly, as per FAA regulations and the policy
of the i\'lonroe County Board of County Commissioners the amount of
annual FMV rent will increase each year by CPl.
CONCLUSION
I believe that this proposal meets and exceeds the requirements outlined
in your letters. Therefore, I look forward to the FAA's approval of the
proposal.
Pa2:e 5
EXHIBIT "C"
FAA REQUIRED LEASE CLAUSES
f(ECEIVED
DEe ~ 3 1993
AiRPORTSj OMB
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?AA REQUIRED LZA8E CLAUSES
1. This lease shall be subject to review and re-evaluation
at the end of each ____ year period, by the airport
nvnp.r and the rent may be adjusted accordinq to their
action, no~ tn exceed the Consumer Price Index rate
during the last month period, or;
Land lGSS improvements will be Rppraised every 5 yeara
and tho adju~tQd rgntal wi11 be b~s~d on normally 10-12
percent of appraisad valuQ. If disputQd, lessor
obt~ina appraical at his expanso and lessor/lessee
equally shure expense for review appraisal that
establishes fair mdrket v~1uc.
2. The tenant for himself, hi~ per50nul repre3cntativc~,
sut::t;~tiSOt's in intel-est, and o.ssign:5, 0.3 a ptlrt of the
consideration hereof, uues hereby coven~nt and agree
that (1) no person on the gruul'1us of l.'ace, color, or
national origin shall be excluded !~um ~al.'ticipation
in, denied the benerits or, or be otherwl~~ subjected
to c1iscr imination in the use ot sa iei tacilit ie::i, (2)
that in the construction or any improvements on, over
or under such land and the furnishing ot services
thereon, no person on the grounds of race~ color, or
national origin shall be excluded from participation
in, deni.ed 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
Tr~nhpnrt~tion-Effectuation of Title VI of the civil
Rights Act of 19~4, ~nd AS said Regulations may be
, amgndgd .
-That in the avant of broach of any of the above
nondlGcrimination covanant6, Airport OvnQr ~hall have
th~ right to tcr~inate the lease and to re-ont~r and as
if said lease hud never been made or iocued. Tho
provision sh~ll not be effective until the proceduros
of Title 49, Code of Feder~l Regulations, ~~rt 21 are
fulluwtHl '1111.1 completed including exercise 01:' e~piro.tion
of appeal rlSlhL~.
J. 1 t Shall be a cond i tion of_ this l~a:;;~, Lhd. L the le550r
reserves unto itself, its successors and assign~, Lor
the use and benefit of the pUblic, a right or rlight
for the passage at aircrat~ in the airspace above the
surface of the real property hereinatter described,
together with the right to cause in said airspace 5Ucn
noise as may be inherent in the operation of aircraft,
now known or hereatter used, for navigation or or
flight in the 5~id 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
tc such ~ height so as to comply with Federal Aviation
Regulations, Part 77.
That tho LOSSQQ oxp~Q~~ly agrggg for itgelf, its
cuoocccorc and accigns, to prevent any uSQ of thQ
hereinafter describad real property which would
interfere ~ith or adversely ~ffoct the opc!~tion or
mainten~nce of the airport, or othcrwi~c conotituto an
airport hazard.
4. This lease and all provisions he~eof a~e 5ubject and
oUUOJ;'UlllCl te lu lh~ lerms and conal tions of the
instruments and documents under whldl lln:: Ai:r:port Owner
acquired the SUbject property rrom Lhe Un!L~d SLaL~6 or
America and Shall be given only such e!!ect as ""ill net
conflict or be inconsistent with the terms and
conditions contained in the lease of said. lands trom
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 O~ner pertaining to the
f11.tJ ft'1 T h (1 ,; Airport.
5. Notwithstandinq anything herein contained that ~ay 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 LeSS88 or other r.p.!=;~p.p.~ on ot.hp.r parts of the.
alrport_
RECEIVED
DEe 23 1993
AIRPORTS 10MB
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
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warrants that helit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
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PERSONALLY APPEARED BEFORE ME, the undersigned authority,
A'~:",-",,-, e J7% .J: ;Z>?f /cr: 'y who, after first being sworn by me, affixed his/her
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signature (name of individual signing) in the space provided above on this \lA-'" day of
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NOTARY PT&LIC
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My commission expires: (~~ 1.__ "Q ~~I 2-C:..c ~
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