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DTFA06-02-L-04246 03/20/2002 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305)jfiftt 0 RAN DUM 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 DATE: April 3, 2002 TO: Peter Horton, Manager Monroe County Airports ATTN: Bevette Moore Airport Business Administrator Pamela G. Hanch Deputy Clerk 0 FROM: At the March 20, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Land Lease between Monroe County and the Federal Aviation Administration for Air Traffic Control Tower (ATCT) Site, Lease No.: DTF A06-02-L-04246. Enclosed are three duplicate originals, executed on behalf of Monroe County, for your handling. Please be sure that the fully executed "Monroe County Clerk's Original" is returned to our office as soon as possible. Should you have any questions please feel free to contact our office. Cc: County Administrator wlo document County Attorney Finance File ./ Monroe County Clerk's Original~ FEDERAL AVIATION ADMINISTRATION LAND LEASE u.s. Department of Transportation Lease No.: DTFA06-02-L-04246 Facility : ATCT Location : Key West, Florida LEASE Between BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY and THE UNITED STATES OF AMERICA THIS LEASE, made and entered into this 20th day of March , in the year 2002, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, whose address is: 500 Whitehead Street Key West, Florida 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 located at the Key West International Airport, hereinafter referred to as the premises, viz: LEGAL DESCRIPTION - AIR TRAFFIC CONTROL TOWER (A TCn SITE Commence at the intersection of the north right-of-way boundary line of South Roosevelt Road and the west boundary of lands shown on plat "Upper Tower Site" and recorded in Plat Book 1 at Page 31 of the Public Records of Monroe County, Florida, and run thence North 83042'00" West, along the north right-of-way boundary line of the said North Roosevelt Boulevard, for a distance of 300.27' to the west property line of the Key West International Airport; thence run North 4051'10" West, along the said property line, for a distance of 295': thence run South 83042'00"East for a distance of 229.33' to the east boundary of lands described in that certain lease by Monroe County to Island City Flying service dated May 1, 1971; thence run North 4051'10" West, along the east boundary of the said leased lands, for a distance of 188,31' to a concrete monument; thence run North 4051'10" West, for a distance of 83.31'; to a Point of Beginning (POB); thence from POB run South 86012'55" West for a distance of 15'-0"; thence run North 4051'10" west for a distance of 100'-0"; thence run North 86012'55" East for a distance of 100'-0"; thence run South 4051'10" East for a distance of 100'-0"; thence run South 86012'55" west for a distance of 85'-0" back to the Point of Beginning reserving unto the Lessor the right of ingress and egress across said property. Further, the Lessee shall not construct any fence or obstruction along the eastern or southern property lines of said property without the prior written approval of the Lessor. Federal Aviation Administration DTF A06-02-L-04246 1 LA-10/96 , (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. (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. (10/96) (d) The Lessor shall refrain from constructing or permitting the construction of any structures or other installations which would obstruct the visibility of any of the Air Traffic Patterns, approaches, runways, taxiways, operational portions of the apron (s) or other operational areas necessary for the control of ground or Air Traffic on or at the Airport from the Control Cab. Line of sight to terminations will be based on eye level height of fifty-three (53) feet above mean sea level in the center of the control cab, provided the Lessor has control over said area for zoning purposes. 2. TERM To have and to hold said premises with their appurtenances for the term beginning July 1, 2002, through September 30, 2002, subject to termination and renewal rights, as may be hereafter set forth. (10/96) 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. 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, 2032. 5. TERMINATION The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (3) days notice in writing to the Lessor. Said notice shall be sent by certified or registered mail. 6. 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 Federal Aviation Administration 2 DTFA06-02-L-04246 LA-10/96 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) 7. 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 with 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) 8. 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 relocations, replacements or modifications are necessitated due to causes not attributable to either the Lessor or the Government, funding responsibility will be determined by the government. 9. 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 tllat arise out of hazardous contamination found on the ieased premises not directly attributable to the installation, operation and/or maintenance of the Government's facilities. (10/96) 10. 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) 11. 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) 12. 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. (10/96) Federal Aviation Administration DTFA06-02-L-04246 3 LA-10/96 13. 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) 14. 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) 15. LESSOR'S SUCCESSORS The terms and provisions of this lease and the conditions herein bind the Lessor and the Lessor's successors, and assigns. (10/96) 16. 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: Board of Commissioners of Monroe County C/o Airports Business Office 5100 College Road Key West, Florida 33030 TO GOVERNMENT: Federal Aviation Administration Southern Region, ASO-55C P. O. Box 20636 Atlanta, Georgia 30320 17. This Lease supersedes Lease No. DOTFA72S0-6929 effective July 1, 2002. Federal Aviation Administration DTFA06-02-L-04246 4 LA-10/96 IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date above written. BOARD OF COU M 1+'-1 V (L. (official title) -1~~' 2- COMMISSIONERS OF MONROE COUNTY BY (signature) UNITED STATES OF AMERICA () ( 1\-0 ~ Ronnie ,~ Senior Real Estate Contractina Officer (official title) '-I! tIltS}) (date) BY -' r--.:> = ""TJ 0:.., <:::::> ~ r--.:> - .'0 . ~ r- 0(""'):;; -0 I'T1 i"TJ r- ~~. 0 ' ;:It;- ( :::0 (""'). J- ""TJ 01.__' 1..0 0 c: ;iJ- ::1:. P :::0 -I (""') r: :bo :::0 :<:-j:t: ::::r F"T1 ..,,' l> co ('") r- C) )> r11 0 .c- :::0 Cl 0 Federal Aviation Administration DTFA06-02-L-04246 5 LA-10/96 OPERATION OF AIRPORT TRAFFIC CONTROL TOWER BY FAA THIS AGREEMENT is attached to and made a part of Federal Aviation Administration Lease No. DTFA06-02-L-04246 covering the quarters occupied by the Government in connection with the operation of the Airport Traffic Control Tower. THIS AGREEMENT, by and between the Board of County Commissioners of Monroe County, Florida, herein called the Lessor, and the United States of America, acting by and through the Federal Aviation Administration, hereinafter called the Government WITNESSETH THAT: WHEREAS, it is in the public interest that the Airport Traffic Control Tower at Key West, Florida be operated by the Government in accordance with standards established by the Federal Government. NOW, THEREFORE, for and in consideration of the operation of the Airport Traffic Control Tower at Key West, Florida by the Government, subject to the availability of funds therefore, the Lessor agrees to the following conditions: (1) The Lessor pay for all current for boundary, flood and obstruction lights, even though these lights may be operated by a federal controller in the Control Tower. (2) All airport lighting which is essential to safe aircraft operations and which can be controlled from the control tower and all traffic control devices which are designed to be remotely controlled shall be under the control of federal employees in the Control Tower. (3) Lessor shall retain the responsibility for the proper functioning of any light or other locally installed device which is placed at the disposal of federal airport traffic controllers. (4) Lessor shall retain the responsibility for the proper functioning of apparatus necessary for traffic control, which cannot be placed in operation or controlled from the Control Tower, or which is not otherwise operated by the Government. (5) Lessor shall advise the Chief Airport traffic Controller of any portions of the field which may be unsafe for normal use by aircraft and shall properly mark such areas. (6) Lessor shall assume the responsibility for any conditions on the airport which are not subject to control of a federal airport traffic controller on duty in the tower. (7) The Government shall have complete control over the operation of the Control Tower at all times and shall not be subject to the direction or supervision of the Lessor in that respect. (8) The Lessor shall notify the Chief Airport Traffic Controller or his representative before any maintenance or construction personnel are sent out on the landing area unless such personnel are proceeding in accordance with a schedule which has been approved by the Chief Airport Traffic Controller. (9) Insofar as the Government is concerned from a traffic standpoint, the Lessor may reserve any portion of the landing area for any reason that it may deem proper or sufficient for as long a period as the Lessor desires, provided that any such area shall be properly marked off and notice given of the change in available landing area just as might be done when a portion of the landing area is marked off for maintenance or construction. Providing that this section shall not be deemed to affect any provision contained in any contract previously entered between the Lessor and the United States Government concerning the use of the said landing area. TITLE: It~( IJ R- BOARD OF CO COMMISSIONERS OF MONROE COUNTY FLORIDA BY: BY: TITLE: Sr. Real Estate Contracting Officer APPROVED AS TO fORM ~