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DTFA06-02-L-00365 07/18/2001 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: August 6, 2001 TO: Peter Horton, Manager Monroe County Airports ATTN: Bevette Moore Airport Business Administrator Pamela G. Hanco"~ Deputy Clerk DO FROM: . At the July 18, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Purchase Service Order (PSO) No. 00101-26 between Monroe County and URS to provide Resident Project Representative for construction of new parking lot, and reconfiguration of existing parking at the Key West International Airport. A copy of the PSO is enclosed. PSO No. 00101-25 between Monroe County and URS to prepare Passenger Facility Charge Application #6, for the Key West International Airport. A copy of the PSO is enclosed. vliand Lease No. DTFA06-02-L-00365 between Monroe County and the United States of America (Federal Aviation Administration) for office space in the Key West International Airport Terminal Building. Enclosed are three duplicate originals, please return the "Clerk's Original" as soon as possible. Public Transportation Supplemental Joint Participation Agreement No.2, Contract No. AF373, between Monroe County and the State of Florida Department of Transportation for the Commercial Apron Project at the Key West International Airport. Enclosed are three duplicate originals, please re~urn the "Clerk's Original" as sOQn as possible. Public Transportation Supplemental Joint Participation Agreement No.1, Contract No. AG 177, between Monroe County and the State of Florida Department of Transportation for the Runway/Taxiway project at the Key West International Airport. Enclosed are three duplicate originals, please return the "Clerk's Original" as soon as possible. Public Transportation Supplemental Joint Participation Agreement No.2, Contract No. AF374, between Monroe County and the State of Florida Department of Transportation for the General Aviation Apron Project at the Key West International Airport. Enclosed are three duplicate originals, please return the "Clerk's Original" as soon as possible. Should you have any questions please feel free to contact our office. Cc: County Administrator wlo documents County Attorney Finance File , Rug 06 01 10: 45a ) p, 1 l 4 PPPP ' ; �r To: Pam,Clerks Office nn From: Revette,Airports `P Date: 08/06/01 Re: FAA Lease- DTFA06-02-L-00365 According to the Airport Head of Maintenance,the Airport does no janitorial work in the FAA rental area,and we do not have keys/access.I understand that FAA staff has contracted to Ace Building Maintenance to perform janitorial duties. The FAA contracting office and the Airport overlooked that item in the lease.I will mention it when I return the agreement for FAA execution. /bev by Pnx • • •Page 1 • U.S. Department Southern Region P. O. Box 20636 of Transportation Atlanta, Georgia 30320 Federal Aviation Administration • • August 21, 2001 D I Ms. Bevette Moore AUG 2 3 2001 Airport Business Manager ` Key West International Airport 3491 South Roosevelt Blvd. - - Key West, Florida 33040 Dear Ms. Moore: Enclosed for your records is an executed copy of Federal Aviation Administration (FAA) Lease No. DTFA06-02-L-00365 covering the FAA System Support Center (SSC) in the terminal building of the Key West International Airport. The clause referring to janitorial services has been deleted from the lease since the FAA obtains janitorial services through a separate contract. • Thank you for your help in completion of this contract. Sincerely, Gerald Simon Real Estate Contracting Officer Enclosure CLERK'S ORIGINAL FEDERAL AVIATION ADMINISTRATION LAND LEASE U.S. Department of Transportation Lease No. DTFA06-02-L-00365 Facility: AFSSC Location: Key West, Florida LEASE Between BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA and THE UNITED STATES OF AMERICA THIS LEASE made and entered into this ;) ~I day of , 2001 by and between the Board of Commissioners of Monroe county,~a whose ad ess is Board of Commissioners of Monroe County, Florida c/o Director of Airports, Key West International Airport, 3491 South Roosevelt Blvd., Key West Florida 33040 for itself or its, successors, and assigns, hereinafter referred to as the Lessor and the United States of America, hereinafter referred to as the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows: 1. PREMISES The Lessor hereby leases to the Government the following described property, hereinafter referred to as the premises, viz: Approximately 231 net usable square feet of office space located on the second floor of the terminal building, Key West International Airport, Key West, Monroe County, Florida. The space is identified as Room No. 202. 2. TERM To have and to hold said premises with their appurtenances for the term beginning October 1, 2001 through September 30, 2002, subject to termination and renewal rights as may be hereinafter set forth. 3. RENEWAL This lease may, at the option of the Government, be renewed from year to year upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option, before this lease or any renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of occupancy of the premises beyond September 30, 2006. 4. CONSIDERATION The Government shall pay the Lessor rental for the premises in the amount of $6,179.25 per year. Payments shall be made in arrears at the end of each month without the submission of invoices or vouchers, subject to available appropriations. Rent for a lesser period shall be prorated.. Payment shall be considered paid on the day a check is dated or an electronic funds transfer is made. Checks will be made payable to: Board of Commissioners of Monroe County, Florida c/o Director of Airports Key West International Airport 3491 South Roosevelt Blvd. Key West Florida 33040 5. TERMINATION The Government may terminate this lease, in whole or in part, at any time by giving at least 30 days notice in writing. Said notice shall be sent by certified or registered mail. 6. RESTORATION It is hereby agreed between the parties, that upon termination of its occupancy, the Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the space, which is the subject matter of this lease. It is further agreed that the Government may abandon in place any or all improvements made to the space by the Government during its tenure. Such abandoned equipment shall become the property of the Lessor. Notice of abandonment will be conveyed by the Government to the Lessor in writing. Notwithstanding the foregoing, the Government shall take reasonable care of the premises and shall, in the event it damages, destroys or fails to reasonably maintain the same, compensate the Lessor for Lessor's additional costs resulting therefrom. 7. ALTERATIONS. The Govemment shall have the right during the existence of this lease to make non-structural alterations, attach fixtures, and erect structures or signs in or upon the premises hereby leased, which fixtures, additions or structures so placed in, on, upon, or attached to the said premises shall be and remain the property of the Govemment and may be removed or otherwise disposed of by the Govemment. Notwithstanding the foregoing, no alteration, attachment or erection shall occur without the prior written approval of the Lessor's Airport Director, which approval shall not be unreasonably withheld or delayed; and, in addition, upon any removal of any of such alteration, fIXtures or signs, if the removal damages or mars the premises in any manner, the same shall be restored by the Govemment at its cost prior to the end of the lease term. 8. SERVICES AND FACILITIES The Lessor shall fumish to the Govemment, as part of the rental consideration, the following: (a) HEATING, AIR CONDITIONING AND VENTILATION (HVAC): The Lessor shall fumish heating '. air conditioning and ventilation systems that provide for the comfortable occupancy of the leased premises. Temperatures shall be thermostatically controlled to maintain temperature not lower than 70 degrees Fahrenheit during the heating season and not higher than 78 degrees Fahrenheit during the cooling season. These temperatures must be maintained throughout the leased premises and service areas, regardless of outside temperatures, during the Govemment's hours of operation. (b) HVAC MAINTENANCE: The Lessor shall provide all preventive and periodic maintenance and repair of Lessor's HVAC equipment. @ ELECTRICITY: The Lessor shall pay for electrical power serving the leased premises, including without limitation, electrical power for the operation of lights, communication, equipment and office machines. DTF A06-02-L-00365 Page 2 of 7 (d) LIGHTING: The Lessor shall provide operational lighting fixtures including ballasts for any fluorescent units, light bulbs and tubes within the leased premises. (e) DRINKING FOUNTAINS: The Lessor shall fumish all equipment for a system to supply chilled potable clear drinking water within reasonable proximity of the leased premises. (1) TOILET FACILITIES: The Lessor shall provide operational toilet facilities for women and operational toilet facilities for men within reasonable proximity of the leased premises. (g) premises. DISPOSAL SERVICE: The Lessor shall provide solid waste disposal services for the leased (h) PEST CONTROL: The Lessor shall provide extermination and pest control services to the leased premises. (i) SECURITY: The Lessor shall provide security to prevent illegal entry, loitering or unauthorized entry to the leased premises. 0) PAINTING: The Lessor shall accomplish interior repainting and redecoration of the leased premises not less than once every five years of Govemment occupancy under this lease. (k) WINDOW COVERINGS: The Lessor shall provide standard window coverings, Le. blinds or draperies, for all exterior windows within the lease premises including repair and replacement of such as may be required. (I) PARKING: The Lessor shall provide, at no additional cost to the Govemment, a minimum of one parking space for official Govemment vehicles. FAA employee and visitor parking shall be at or within close proximity of the Terminal Building, Key West Intemational Airport, Key West, Florida. 9. SECURITY CHECKS FOR CONTRACTORS IN LEASED SPACE In accordance with FAA security order 1600.69, Facility Security Management Program, the Lessor shall provide a level of security that reasonably deters unauthorized entry to the leased premises during non- duty hours, and deters loitering or disruptive acts in and around said leased premises during duty hours. In addition, consistent with Appendices 9 and 10 of FAA order 1600.10, Personnel Security Program, personnel information shall be submitted to the Government for each employee of the Lessor, as well as employees of the Lessor's contractors or subcontractors who perform work on the leased premises under the following situations: (a) If the cumulative work activities for any employee (Le. janitorial, construction contractors, etc.) is expected to exceed 180 calendar days during a 1-year period, the lessor shall forward to the Government: (1) a quarterly report listing by full name in alphabetical order with the date of birth and social security number of all contractor personnel who had access to FAA facilities, resources and sensitive information anytime during the report period. (2) two (2) completed fingerprint cards (FD-2S8). All fingerprint cards shall be printed in black ink or typewritten with all answerable question blocks completed, and shall be signed and dated. (3) completed Questionnaire for Public Trust Position (SF-8SP). The SF-8SP shall be completed (all questions answered) in accordance with the instruction sheet. (4) and completed identification card application (DOT F1681) with appropriate pictures. (b) If the cumulative work activities for construction-type work with a cumulative duration of less than 180 calendar days over a 1-year period, the Government shall be provided only the completed employee DTF A06-02-L-00365 Page 3 of 7 fact sheet (Records Check Request form) outlined in paragraph a(2) above. If local facility security measures require employees to display Government-issued picture identification badges, then the Lessor shall furnish to the Government completed identification card application (DOT F1681) outlined in paragraph a (1). The Lessor is required to provide to the Government the required personnel information for existing employees within 10 calendar days after acceptance of this clause. Upon receipt of the information from the Lessor, the Government will conduct personnel security checks of those contractor employees outlined in paragraph a (1). The Government shall advise the Lessor, in writing, if a contractor employee is found to be unsuitable for access to FAA leased premises. Upon receipt of the written determination, the "unsuitable" employee will be immediately removed from the Government leased premises. Further, the Lessor will provide the FAA the required personnel security information for any new contractor employee hired after the date of acceptance of this clause within 10 calendar days. 10. ERECTION OF SIGNS. The Govemment shall have the right to erect on or attach to the Lessor's premises such signs as may be required to clearly identify the Govemment's facility so long as prior thereto written approval from the Lessor's Airport Director is obtained, which approval shall not be unreasonably withheld or delayed. Said signs so erected will remain the property of the Govemment and shall be removed from the premises upon termination of the Lease. 11. MAINTENANCE OF PREMISES. The Lessor shall maintain the demised premises, including the building and all equipment, fixtures, and appurtenances fumished by the Lessor under this lease in good repair and tenantable condition, except in case of damage arising from the act or the negligence of the Govemment's agents or employees. For the purpose of so maintaining said premises and property, the Lessor may at reasonable times, and with the approval of the authorized Govemment representative in charge, enter and inspect the same and make any necessary repairs thereto. As provided in Paragraph 5 above, the Govemment shall take reasonable care of the premises to not unduly damage or cause wear therein, and shall, in the event of a lack of care causing undue damage or wear, reimburse the Lessor's additional costs resulting therefrom upon being invoiced therefor. 12. DAMAGE BY FIRE OR OTHER CASUAL TV. If the premises are totally destroyed by fire or other casualty or are destroyed to such an extent as to render them unusable, then this Lease shall terminate effective as of such casualty and the Govemment shall vacate the premises as soon as reasonably possible. So long as the Govemment promptly vacates the premises following the casualty, no rentals shall accrue after the casualty. In case of partial destruction or damage to the premises by fire or other casualty so as to presently render the premises untenantable, as determined by the Govemment, the Govemment may terminate this Lease effective fifteen (15) days following the Govemment's provision of written notice thereof to the Lessor; and, if so terminated, no rentals will accrue to the Lessor after such partial destruction or damage, so long as the Govemment vacates the premises at the end of such fifteen (15) day period. If the Govemment does not elect to terminate this Lease as a result of partial damage, the rental payable hereunder shall be reduced proportionately to the extent of the reduced tenantability, as evidenced by a supplemental agreement to be signed by the parties hereto, and effective from the date of such partial destruction. 13. APPLICABLE CODES AND ORDINANCES. The Lessor, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the leased space is situated and, at Lessor's own expense, to obtain all necessary permits and related items. DTFA06-02-L-00365 Page 4 of 7 14. INSPECTION OF PREMISES. At all times after receipt of offers, prior to or after acceptance of any offers, or during any construction, remodeling, or renovation work, the premises and the building or any parts thereof, upon reasonable and proper notice, must be accessible for inspection by the Contracting Officer, or by architects, engineers, or other technicians representing him, to determine whether the essential requirements of the solicitation or the lease requirements are met. Additionally, the Govemment reserves the right, upon reasonable notice, to inspect and perform bulk sampling and analysis of suspected asbestos containing materials and to monitor the air for asbestos fibers in the space offered or under lease as well as other areas of the building deemed necessary by the Contracting Officer. Also, the Govemment shall have the right to inspect the premises for any leaks, spills, or other potentially hazardous conditions, which may involve tenant exposure to Polychlorinated Biphenyls (PCBs). 15. NOTIFICATION OF PCB HAZARDOUS CONDITION. The Lessor shall promptly notify the Contracting Officer and the tenant agency official of any leaks, spills, or other hazardous conditions, which involve PCBs in any area of the building. 16. TERMINATION-ERRONEOUS REPRESENTATION CONCERNING POLYCHLORINATED BIPHENYLS (PCBs). If it is determined that the presence of PCBs has been misrepresented, the Govemment reserves the right to require the Lessor, at no cost to the Govemment, to remove or retrofit any PCB equipment present in the building, in accordance with EPA regulations, or altemately the Govemment may terminate the lease. This is in addition to other remedies available to the Govemment. 17. WARRANTY OF SPACE. (a) Notwithstanding inspection and acceptance by the Govemment or any provision conceming the conclusiveness thereof, the Lessor warrants that all space leased to the Govemment under this contract, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, engineering spaces in the same ventilation zone as the leased space, public spaces and common use space (e.g., lobbies, hallways) will, at the time of acceptance and during the term of the lease contract, comply with the asbestos containing material (ACM) and polychlorinated biphenyl (PCB) requirements of the Toxic Substance Control Act. The Contracting Officer shall notify the Lessor in writing, within 30 days after the discovery, of any failure to comply with the asbestos requirement. (b) If either ACMs or PCBs are found to be in the leased space the Govemment reserves the right to require the Lessor, at no cost to the Govemment, to take whatever corrective action as might be required by the Toxic Substance Control Act. (c) If the Lessor fails, after receipt of notice, to make correction within the specified period of time, the Govemment shall have the right to make correction and charge to the Lessor the costs occasioned to the Govemment or terminate the lease agreement at no cost to the Govemment. (d) The rights and remedies of the Govemment in this clause are in addition to any other rights and remedies provided by the law and under this contract. (e) Definitions. (1) "Acceptance", as used in this clause means the act of an authorized representative of the Govemment by which the Govemment assumes for itself, or as an agent of another, the leased premises as ready for occupancy or approves a portion of the premises for occupancy in accordance with the provisions of this lease contract. (2) "Correction", as used in this clause, means (i) the removal, encapsulation or enclosure of any friable asbestos materials found in the space leased to the Govemment, spaces above suspended ceilings in the leased space, air plenums elsewhere in the building which service the leased space, public spaces, engineering spaces in the same ventilation zone as the leased space and common use space (e.g., lobbies, hallways). Following such abatement actions, the Lessor shall adhere to the Govemment's required post- asbestos-abatement air monitoring program. (ii) With regard to non-friable asbestos materials in good condition, it means the establishment and execution of a special operations and maintenance program and an DTF A06-02-L-00365 Page 5 of 7 abatement plan, approved by the Govemment, to be implemented from the time the materials are discovered through the remainder of the lease term, and (iii) with regard to PCBs, it involves the removal or retrofitting, in accordance with EPA regulations, of any PCB equipment present in the building. 18. CLAUSES INCORPORATED BY REFERENCE. This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. 52.203-3 52.203-5 52.203-7 52.233-1 GRATUITIES. COVENANT AGAINST CONTINGENT FEES. ANTI-KICKBACK PROCEDURES. DISPUTES. 19. DEFINITIONS. (a) The terms "contract" and "Contractor" shall mean "lease" and "Lessor", respectively. (b) If the lease is a sub-lease, the term "Lessor" means the sub-lessor. (c) The term "Lessor shall provide" means the Lessor shall fumish and install. (d) The term "Contracting Officer" shall mean any person who, either by virtue of his/her position or by appointment in accordance with prescribed regulations, is vested with the authority to enter into and administer contracts and make determinations and findings with respect thereto, or with any part of such authority. (e) The term "Contracting Officer Representative" shall mean the designated person to act as the authorized representative of the Contracting Officer, and whose scope and limitation of authority must be in writing. (f) The term "beneficial occupancy date" (BOD) shall be the date as stated in Article 2, or some other date mutually agreed upon between the Lessor and the Govemment. The parties hereto shall enter into a supplemental agreement effectuating the actual BOD if other than stated in Article 2. 20. FAILURE IN PERFORMANCE. The covenant to pay rent and to provide any service, utility, maintenance, or repair required under this lease are dependent. If the Lessor, upon notice from the Govemment, and within a reasonable time, fails to provide any of these items, the Govemment may by contract or otherwise perform the service, maintenance, utility, or repair, and charge to the Lessor any cost incurred by the Govemment that is related to the performance of such service, maintenance, etc., including any administrative costs, and deduct such cost from any rental payments. Altemately, the Govemment may reduce rental payments by the corresponding value of the contract requirement not performed, as determined by the Contracting Officer. These remedies are not exclusive and are in addition to any other remedies, which may be available under this contract or in the law. Any determination by the Contracting Officer must be reasonable. In the event the Govemment fails to perform its obligations hereunder, the Lessor may terminate this Lease thirty (30) days after having provided written notice to the Govemment of such failure, without cure occurring within such period. The Lessor shall have all rights and remedies provided by the law to a landlord with a defaulting tenant, as against the Govemment, if it is in default. 21. LESSOR'S SUCCESSORS. The terms and provisions of this lease and the conditions herein bind the Govemment and the Lessor and the Lessor's successors, and assigns. DTF A06-02-L-00365 Page 6 of 7 22. NOTICES. All notices shall be in writing and sent by United States Certified or Registered mail, return receipt requested, and shall be addressed as follows (or to such other address as either party may designate from time to time by notice to the other: TO LESSOR: TO GOVERNMENT: Board of Commissioners of Monroe County, Florida C/o Director of Airports Key West Intemational Airport 3491 South Roosevelt Blvd. Key West, Florida 33040 FEDERAL AVIATION ADMINISTRATION SOUTHERN REGION, ASO-55M P.O. Box 20636 Atlanta, Georgia 30320-0631 Tel: 404-305-5770 Facsimile: 404-305-5774 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. Ct, 4"j!''''''4v) al title) ~:.ITED SZ:AM;j~ " (Signa~) / REAL ESTATE CONTRACTING OFFICER (Official title) ~ <,::,) :0- c:: G') 1') ~ l~)~ ~ ::.~ (J' r- 0(")' c:~~ ." :;:: . CJ ::J: -4("')\ -<-4:L: _ .'.:r;::- .. -t1 c;:l _ r- ('T' > DTF A06-02-L-00365 Page 7 of 7 co ::;0 r'Tl C? <::) :::0 o