DTFA06-00-L-20250 06/14/2000
nlannp 1L. Itolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 28~f7f M 0 RAN DUM
CLERK OF lHE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
PAY (~'i) ?Q"-~
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
DA TE:
June 27,2000
TO:
Peter Horton, Director
Monroe County Airports
ATTN:
Bevette Moore
Airport Business Administrator
Pamela G. Hanco~
Deputy Clerk U
FROM:
At the June 14, 2000, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Purchase Service Order 99/00-10 between Monroe County and URS Greiner Woodward
Clyde for construction phase services for the resurfacing of the Commercial and General Aviation
Aprons, construction of General Aviation Aprons, and resurfacing of parallel taxiway at the Key
West International Airport. One copy attached for your handling.
Purchase Service Order 99/00-11 between Monroe County and URS Greiner Woodward
Clyde for implementation of Phase I of the Noise Compatibility Program (NCP) at the Key West
International Airport. One copy attached for your handling.
Land and Space Lease DTFA06-00-L-20250 between Monroe County and the Federal
Aviation Administration at the Marathon Airport. Two duplicate originals attached, executed on
behalf of Monroe County, for your handling. Please be sure that the "Clerk's Original" is
returned to our office as soon as possible.
Cc: County Administrator wlo document
Risk Management wlo document
County Attorney
Finance
File ,/
CLERK'S ORIGINAL
FEDERAL AVIATION ADMINISTRATION
LAND & SPACE LEASE
U.S. Department
of Transportation
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Lease No.: DTFA06-00-L-20250
Facility: ASOS/ACU
Location: Marathon Airport
Marathon, Florida
LEASE
Between
MARATHON AIRPORT
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this 3-w1 day of ~ ,2000, by and
between the Marathon Airport whose address is 9400 Oversea Highway, Marathon, Florida 33050
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:
See Site Civil Location Plans and Civil Layout Plans for sensor group location at Runway 25
(attached) at the Marathon Airport, Marathon, Florida.
LATITUDE: 24043'33" N / LONGITUDE: 81002'52" W
The Lessor shall provide space for the ACU Equipment located in the existing Electrical Vault.
(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 and/or
telecommunication lines to the premises; and a right-of-way for subsurface power, communication
and/or 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, provided that prior written approval for such routes is first obtained from
the Lessor, which consent shall not be unreasonably withheld.
(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
shall 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.
2. TERM
To have and to hold said premises with their appurtenances for the term beginning May 1, 2000,
through September 30, 2015, 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.
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.
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 that 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.
5. INTERFERENCE WITH GOVERNMENT OPERATIONS
The Lessor agrees not to construct, erect or allow to be constructed or erected any structure or
obstruction of whatsoever kind or nature on the premises or, any changes in the grade or surface
material, or adjoining land within the airport boundaries that may interfere with the proper operation of
the facilities installed by the Government including special stipulations in paragraph 13 below under the
terms of this Lease unless consent hereto shall first be secured from the Government in writing.
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
DTFA06-00-L-20250
Page 2 of 5
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.
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, with no cost to the Government, 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.
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.
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. COVENANT AGAINST CONTINGENT FEES
The Lessor 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.
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.
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.
DTF A06-OO-L-20250
Page 3 of 5
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
FAA's 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. SPECIAL STIPULATIONS FOR THE INSTALLATION AND OPERATION OF AUTOMATED
WEATHER OBSERVING SYSTEM (ASOS) UNDER TERM OF THE LEASE:
13. 1 Lessor shall maintain vegetation to less than 10 inches in height within 100 feet of the FAA's
ASOS site(s).
13.2 Lessor shall notify FAA's airport operation maintenance office when construction or agricultural
(tilling, mowing, harvesting, etc.) activity is scheduled or occurs that produces abnormal amounts of
dust at the FAA's ASOS sensor equipment site(s).
13.3 Lessor shall not construct adjacent to FAA's ASOS sensor(s) site, major paved surfaces, irrigated
or drainage areas, or test/run-up facilities that may significantly alter temperature, humidity, or
wind measurement.
13.4 Lessor shall not create topographical surface changes (excavation or mounding) within 500 feet
of ASOS sensor(s). Smooth and gradual surface changes are essential to representative wind
measurement.
13.5 Lessor shall keep trees within a 1000 radius of the FAA's ASOS sensor site(s) and on airport
property trimmed and thinned so that growth does not progressively degrade the accuracy of wind
measurements from the baseline conditions that existed upon installation.
13.6 Lessor agrees to plan airport developments so new buildings and construction:
(1) do not degrade wind speed/direction or temperature/humidity measurements,
(2) do not block or electronically interfere with the UHF data-link line-of-sight between ASOS
sensor site(s) and FAA's ASOS ACU processor located in the Electrical Vault.
(3) do not interrupt or endanger the steady supply of electrical power to the FAA ASOS sensor
site(s) and ASOS processor, located in Air Traffic Control Tower.
(4) or so that acceptable alternative measures are jointly agreed to by the Lessor and FAA
before potentially disruptive construction or development is undertaken.
13.7 The Lessor shall provide for the power access to the FAA ASOS ACU, and associated
electrical equipment and cables to the FAA ASOS equipment.
DTF A06-OO-L-20250
Page 4 of 5
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)
(10/96):
TO LESSOR: Marathon Airport
9400 Overseas Highway
Marathon, Florida 33050
TO GOVERNMENT: Federal Aviation Administration
Southern Region, ASO-55C
P. O. Box 20636
Atlanta, Georgia 30320
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the
date above written.
LESSOR: MARATHON AIRPORT
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BY:
Signature
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Title
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Date
UNITED STATES OF AMERICA
Real Estate Contractina Officer
Title
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DTFA06-OO-L-20250
Page 5 of 5
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Marathon, FL
Marathon Airport (MTH)
Rev. 2
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