DTFA06-97-17235 11/12/1997
~::\ i5~partment'
~nsportation
FEDERAL A VIA TION ADMINISTRATION
LAND LEASE
LEASE
Lease No. DTFA06-97-17235
Facility Type: REIL/Rwy 09
Location: Key West, FL
Between
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this ~ day of M v:. , in the year 1997, by and between
Board of County Commissioners of Monroe County whose address is: 500 Whitehead Street, Key West, FL 33040
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:
From the intersection of the threshold and centerline of Runway 09, this point being the Point of
Start (P.O.S.) go S 86027'19"W along the extended runway centerline, 40' to the Point of
Beginning (P.O.B.); thence go N 3032'41"W, 125' to REIL Assembly #1. From the P.O.B.
go S 03032'41"E, 125' to REIL Assembly #2. All bearings are true. The above description
is shown on FAA Drawing 80-0-2715-1 dated 12/20/77.
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-way for establishing and
maintaining a pole line or pole lines for extending electric power andlor telecommunication lines to the premises; and a
right-of-way for subsurface power, communication andlor water lines to the premises; all rights-of-way to be over the said
lands and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes reasonably determined to
be the most convenient to the Government.
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding the soil of the premises,
and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and
maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or signs, in or upon the
premises hereby leased, which alterations, fixtures, additions, structures or signs so placed in or upon, or attached to the
said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or
termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or
purchasers of said alterations, fixtures, additions, structures, or signs. (10/96)
2. TERM
To have and to hold said premises with their appurtenances for the term beginning October 1, 1998 through
September 30, 2018, inclusive; The Government may terminate this lease, in whole or in part, at any time, by giving thirty
(30) days notice in writing to the Lessor. Said notice shall be computed commencing with the day after the date of mailing.
(10/96)
Federal Aviation Administration
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3. CONSIDERATION
The Government shall pay the Lessor no monetary consideration in the form of rental, it being mutually agreed
that the rights extended to the Government herein are in consideration of the obligations assumed by the Government in
its establishment, operation, and maintenance of facilities upon the premises hereby leased. (10/96)
4. NON-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 property which is the subject matter of this lease. It is
further agreed that the Government may abandon in place any or all of the structures and equipment installed in or located
upon said property 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. (10/96)
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature on
the site or adjoining land within the airport boundaries that may interfere witn the proper operation of the facilities installed
by the Government under the terms of this Lease unless consent hereto shall first be secured from the Government in
writing. (10/96)
6. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES
The Lessor agrees that any relocation, replacement, or modification of any existing or future Government facilities
covered by this Lease during its term or any renewal thereof made necessary by airport improvements or changes which
in the Government's opinion interfere with the technical and/or operational characteristics of the Government facilities will
be at the expense of the Lessor, except when such improvements or changes are made at the written request of the
Government. In the event such relocation's, replacements, or modifications are necessitated due to causes not
attributable to either the Lessor or the Government, funding responsibility shall be determined by the Government. (10/96)
7. HAZARDOUS SUBSTANCE CONTAMINATION
The Government agrees to remediate, at its sole cost, all hazardous substance contamination on the leased
premises that is found to have occurred as a direct result of the installation, operation, and/or maintenance of the
Government's facilities. The Lessor agrees to remediate or have remediated, at its sole cost, any and all other hazardous
substance contamination found on the leased premises. The Lessor also agrees to save and hold the Government
harmless for any and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination found on
the leased premises not directly attributable to the installation, operation and/or maintenance of the Government's
facilities. (10/96)
8. QUIET ENJOYMENT
The Lessor warrants that they have good and valid title to the premises, and rights of ingress and egress, and
warrants and covenants to defend the Government's use and enjoyment of said premises against third party claims.
(10/96)
9. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this
contract, or to any benefit arising from it. However, this clause does not apply to this contract to the extent that this
contract is made with a corporation for the corporation's general benefit. (10/96)
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10. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract
upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation
of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct
from the contract price or consideration, or otherwise recover the full amount of the contingent fee. (10/96)
11. ANTI-KICKBACK
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or attempting to
provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including,
directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States
or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (10/96)
12. PROTEST AND DISPUTES
All contract disputes arising under or related to this contract or protests concerning awards of contracts shall be
resolved under this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System. Judicial
review, where available, will be in accordance with 49 U.S.C. 46110 and shall apply only to final agency decisions. The
decision of the FAA shall be considered a final agency decision only after a contractor or offeror has exhausted their
administrative remedies for resolving a contract dispute under the FAA Dispute Resolution System. Protests must be filed
with the Office of Dispute Resolution within 5 calendar days of the date that the protester was aware, or should reasonably
have been aware, of the agency action or inaction which forms the basis of the protest. Unless otherwise stated in this
contract dispute by the contractor against the government shall be submitted to the Contracting Officer within 1 year after
the accrual of the contract dispute. Information relating to submitting a protest or dispute will be provided by the
Contracting Officer, upon request. (10/96)
13. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's heirs,
executors, administrators, successors, and assigns. (10/96)
14. NOTICES
All notices/correspondence shall be in writing, and shall be addressed as follows (or to such other address as
either party may designate from time to time by notice or correspondence to the other) (19/96):
, .
TO LESSOR: Board of Commissioners of Monroe County
500 Whitehead Street
Key West, FL 33040
($eAl)~".. "
. A'Tlisr.: . DANNY l. KOLHAGE, aERK
8~.ih~ C. ~x1~
DEPUTY CLERK
TO GOVERNMENT: Federal Aviation Administration
Southern Region, ASO-55
P.O. Box 20636
Atlanta, GA 30320
IN WITNE S WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written.
eO€- c DU, (Y i;oCL
/1-/"4- 97
(date)
ITED STATES 0
~/'
BY
Federal Aviation Admin'
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AP...P..R. OVED ~.s. TO FO.. RM.... .
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ROBERT , . FE
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