03/15/2000 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA TIfON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MEMORANDUM
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DA TE:
May 9, 2000
TO:
Peter Horton, Director
Monroe County Airports
ATTN:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk U
FROM:
At the March 15, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Lease Agreement between Monroe County and Florida
Keys Aqueduct Authority for a parcel of land at the Florida Keys Marathon Airport upon which
to build and operate the Little Venice Waste Water Treatment Plant.
Attached please find a fully executed duplicate original of the above for your handling.
Should you have any questions please feel f~ee to contact our office.
Cc: County Administrator w/o document
County Attorney
Finance
File
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LEASE AGREEMENT
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THIS LEASE AGREEMENT is entered into on this I:;? day of .I r \IT~ , 2000,
by and between Monroe County, a political subdivision of the State of Florida, whose address is
5100 College Road, Key West, FL 33040, hereafter County, Lessor, or Owner, and the 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 Sec.
163.01, FS.
WIT N E SSE T H:
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IN CONSIDERATION of the mutual promises and benefits set forth below, the~(")~s ~~
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1. a) The County leases to FKAA a parcel of land at the Florida Keys M~~~ ~rgs
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depicted on Exhibit A, hereafter the premises. Exhibit A is attached to this agreem'enF'an~a4i a
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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 paragraph 7.
2. The term of this lease is twenty (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 authorized to construct a wastewater treatment facility at its 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 remain the property of the FKAA during the term of
this lease and upon the termination of the lease 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
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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 arise 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 5(a) and Exhibit B.
6. The FKAA is responsible for telecommunications, electrical, sewer, water and solid
waste collection service for the premises.
7. a) The tenant for itself, its personal representatives, successors in interest, and assigns,
as part of the consideration hereof, does hereby covenant and agree that: (1) no person on the
grounds of race, color, or national origin shall be excluded from 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
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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 rights.
c) It shall be a condition of this lease, that the Lessor reserves unto itself, its successors
and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the real property hereinafter described, together with the right to cause
in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter
used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking
off from or operating on the airport.
That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real
property to such a height so as to comply with Federal Aviation Regulations, Part 77.
That the Lessee expressly agrees for itself, its successors and assigns, to prevent any use of
the hereinafter described real property which should interfere with or adversely affect the operation
or maintenance of the airport, or otherwise constitution an airport hazard.
d) This lease and all provisions hereof are subject and subordinate to the terms and
conditions of the instruments and documents under which the Airport Owner acquired the subject
property from the United States of America, and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner, and any existing or subsequent amendments thereto and are subject to any ordinances,
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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 privileges 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.
BOARD OF COUNIY COMMISSIONERS
OF MONROE COUNIY, FLORIDA
cS'~-F~
By
Mayor/Ch person
ATTEST:
FLORIDA KEYS AQUEDUCT" AUTHORIIY
By
By
Title
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EXHIBIT 'A'
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EXHIBIT 'B'
INSURANCE REQUIREMENT
1996 Edition
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MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
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 hislher own 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 Co~nty 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,
either:
. 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 by 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 ofthirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval ofth~ 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
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MOl'ROE COUNTYMOl'ROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRA TIO~
MANUAL. -
Indemnification and Hold Harmless,
:~ for AiiportJArr~:?ft'Arctivities;L<r:
The 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 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 Vendor or any of its Contractors, occasioned by the '
negligence, errors, or other wrongful act or omission of the Vendor or its Contractor(s), their
employees, or agents.
The eh'tent of liabilitY is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
AIR
100
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GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
A]\1)
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum 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 of twelve
(12) months following the acceptance ofv./ork by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLl
54
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POLLUTIO~ LIABILITY
INSURANCE REQUIRE1\1ENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
Al'ru
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 maintain, throughout the life of the contract,
Pollution Liability Insurance which 'will respond to bodily injury, property damage, and
environmental damage caused by a pollution incident.
The minimum limits of liability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POL2
73
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VEHICLE LIABILITY
INSURANCE REQUIREl\1ENTS
FOR
CONTRACT
BEDVEEN ,
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$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
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
\1-1
81
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\VORKERS' CO\1PENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\\'EEN
MONROE COUNTY, FLORIDA
A]\1l '
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Wor~ers' 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:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department 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 Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
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