DTFA06-03-L-05229 07/15/2003
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 21, 2003
TO:
Peter Horton, Manager
Monroe County Airports
ATTN:
FROM:
Bevette Moore
Airport Business Administrator
Pamela G. Hancok.
Deputy Clerk (Y
At the July 15, 2003, Board of County Commissioner's Meeting the Board granted
approval and authorized execution of Federal Aviation Administration (FAA) Lease for Real
Property, Lease No. DTFA06-03-L-05229, between Monroe County and the FAA for
maintenancelstorage space at the Key West International Airport.
Enclosed are five duplicate originals, executed on behalf of Monroe County, for your
handling. Please be sure to return the fully executed "Monroe County Clerk's Original"
and the "Monroe County Finance Division's Original" as soon as possible. Should you have
any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
Finance wlo document
County Attorney
File ,/
Monroe County Clerk's Office Original
FEDERAL AVIATION ADMINISTRATION LEASE FOR REAL PROPERTY
LEASE NUMBER
DTFA06-03-L-05229
Date of Lease: 10/1102
1. THIS LEASE, entered into by and between Board of Commissioners of Monroe County, Florida whose interest in the property hereinafter described is that of
owner, hereby referred to as LESSOR, and the United States of America. hereinafter referred to as the Government: WITNESSETH: The Parties hereto, and for
the consideration hereinafter mentioned, covenant and agree as follows (10/96):
2. DESCRIPTION - The Lessor hereby leases to the Government the following described premises: _Approximately 454.44 square feet of net-
usable space located on the second floor of the Terminal Building and 300 square feet of land located behind Hangar No.1, Key West International
Airport, Monroe County, Florida. The lease premises is used for Airway Facilities System Support Center (SSC) and Air Traffic Control Tower (ATCT)
storage. The lease premises is identified as follows:
Room Name
Equipment
Maintenance Shop
Land for FAA Storage Bldg.
Square Feet
253.82
200.62
300.00
754.44
@ $14.29 psf
@ $14.29 psf
@ $ .71 psf
Total
Location
Second Floor
Second Floor
Hangar NO.1
3. TERM - To have and to hold said premises with their appurtenances for the term beginning October 1. 2002 through September 30. 2003, subject to
termination and renewal rights as may be hereinafter set forth.
4. RENEWAL -- This lease may, at the option of the government, be renewed from year to year and otherwise 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 notie that it will not exercise its option before this lease or any renewal expires; provided, that no renewal thereof shall extend the period of
occupancy of the premises beyond the 30th day of September, 2007; AND PROVIDED FURTHER, that adequate appropriations are available from year to
year for the payment of rentals.
5. TERMINATION -- The Government may terminate this lease, in whole or in part, at any time by giving at least thirty (30) days notice in writing to the Lessor
and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing.
6. RENTAL
Rent in the amount of $558.91 per month shall be payable to the Lessor in arrears and will be due on the first workday of each month, without the submission of
invoices or vouchers. Subject to available appropriations. The applicable annual rental rates to the premises covered by this lease are $14.29 per square foot for
space and $.71 per square foot for land on which the Government's storage unit rests. Rent shall be considered paid on the date a check is dated or an electronic
funds transfer is made. Rent for a period of less than a month shall be prorated. Checks will be made payable to :
Board of Commissioners of Monroe County, Florida, clo Director of Airports, 3491 South Roosevelt Boulevard, Key West, Florida 33040.
7. STANDARD CONDITIONS AND REQUIREMENTS
The following standard conditions and requirements shall apply to any premises offered for lease to the UNITED STATES OF AMERICA (hereinafter called the
GOVERNMENT) (10/96):
Space offered shall have a valid Occupancy Permit, issued by the local jurisdiction, for the intended use of the Government, or the offeror shall complete and
provide a certified copy of "FAA Safety & Environmental Checklist" form, in lieu of an occupancy permit, at the contracting officer's discretion. The leased premise,
all accesses to the leased premises, building operations, equipment , services, or utilities furnished by the Lessor, and activities of other occupants, shall be free of
safety, health, and fire hazards. When such hazards are detected, they must be promptly corrected the Lessor's expense.
The Building and the leased space shall be accessible to the handicapped in accordance with the Uniform Federal Accessibility Standards (41 CFR 101-19.6,
App. A) and all applicable state and local accessibility laws and regulations.
The leased space shall be free of all asbestos-containing material, PCB's, Radon, and other environmentally hazardous substances. If environmentally hazardous
substances or conditions are found, the Lessor shall immediately correct such conditions, at no cost to the Government.
Services, utilities, and maintenance will be provided daily, extending from 7:00 a.m. to 5:00 p.m. except Saturday, Sunday, and Federal holidays. Services
supplied to technical equipment shall be supplied 24 hrs. a day, seven days a week,. The Government shall have access to the leased space at all times, including
the use of electrical services, toilets, lights, elevators, and Government office machines without additional payment.
8. SERVICES AND UTILITIES (To be provided by Lessor as part of rent. Services shall be Building Standard, unless level of service is prescribed elsewhere in lhe lease.) (10196)
o HEATONLY- _DEG.
TRASH REMOVAL
GROUNDS MAINT.
INITIAL & REPLACEMENT
LAMPS, TUBES &
BALLASTS
xx
OTHER
ELECTRICITY ~ chilled drinking waler SNOW REMOVAL
0 SPECIAL POWER - NOTED HVAC - 65-70 DEG. F healing WINDOW WASHING
BELOW) and 76-80 DEG. F cooling. Frequency
~ DAilY TOilET SUPPLIES & CARPET CLEANING
~ WATER (Hol & Cold) CLEANING
(Specify below)
PAINTING FREQUENCY
Parkina as for airport
emplovees.
DAilY JANITORIAL SERVo &
SUPPLIES
OTHER REQUIREMENTS
** See Attachment "A"
FEDERAL AVIATION ADMINISTRATION 10/96
1 of 2 Pages
FAA LEASE FOR REAL PROPERTY
9. GENERAL CLAUSES
A. INSPECTION - The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and
all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's
performance under this lease. The FAA shall have the right to perform sampling of suspected hazardous conditions.
B. DAMAGE BY FIRE OR OTHER CASUAL TV - If the building is partially or totally destroyed or damaged by fire or other casualty or if environmentally
hazardous conditions are found to exist so that the leased space is untenantable as determined by the Government, the Government may terminate the lease,
in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. (10/96)
C. MAINTENANCE OF THE PREMISES - The Lessor shall maintain the demised premises, inclUding the building, grounds, and all equipment, fixtures, and
appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. (10/96)
D. FAILURE IN PERFORMANCE - In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the
Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs
incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause shall constitute a default
by the Government on this lease. (10/96)
E. DEFAULT BY LESSOR - (1) Each of the following shall constitute a default by Lessor under this lease: (a) If the Lessor fails to perform the work required to
deliver the leased premises ready for occupancy by the Government with such diligence as will ensure delivery of the leased premises within the time required
by the lease agreement, or any extension of the specified time. (b) Failure to maintain, repair, operate or service the premises as and when specified in this
lease, or failure to perform any other requirement of this lease as and when required provided such failure which shall remain uncured for a period of time as
specified by the Contracting Officer, following Lessor's receipt of notice thereof from the Contracting Officer. (c) Repeated failure by the Lessor to comply
with one or more requirements of this lease shall constitute a default notwithstanding that one or all failures shall have been timely cured pursuant to this
clause.
(2) If a default occurs, the Government may, by written notice to the Lessor, terminate the lease in whole or in part. (10/96)
F. ALTERATIONS - The Government shall have the right during the existence of this lease to make 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 Government and may be removed or otherwise disposed of by the Government. It is mutually agreed
and understood. that no restoration rights shall accrue to the Lessor for any alterations to the leased premises under this lease, and that
the Government shall have the option of abandoning alterations in place, when terminating the lease, at no additional cost. (10/96)
G. 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)
H. 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)
I. ANTI-KICKBACK - The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1) Providing or a~Ptirm to ~ide clid1tering to
provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, thi:i1mount of ~kick.ack in the
contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prim, ~~ctot::Ol higt@ier
subcontractor. (10/96) " ~_ G'")
, '''11
J. PROTEST AND DISPUTES - All contract disputes arising under or related to this contract or protests concerning awards of co~{;!$ shalrt?e res~d under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution System, Judicial review, where available;:wjU.:be inj!litCordl{nce 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 deci5i0F.'ilriiY afteCJ:ContDor or
o ., > -, _. ted the.ir ad~i~istrative remedies for resolving a contract dispute under the FAA Dispute Resolution System-.. ~~ts m~~ be fI with the
, ie"~olutlon Within 5 calendar days of the date that the protester was aware, or should reasonably have been ~are~ the ~ncy ion or
fD l-Cti~hic '!tbasis of the protest. Unless otherwise stated in this contract, a contract dispute by the contractor a;a;nst CI\I1 govt!71fTlen all be
SO~~d ~e ~t _ ing Officer within 1 year after the accrual of the contract dispute. Information relating to submitting !il>rotest or d~te v.tII:)e
, pr~ded bft"'~a' ,I g Officer, upon request. (10/96)
K: EAA~~;'OF;j}I~RDS - The Comptroller General of the United States, the Administrator of FAA or a duly authorized representative from either shall,
until-~~~.}ij13 ~~ment under this contract have access to and the right to examine any of the Contractor's di~~l~a~~boa~~Xff6~PiUl(lr,
t ~ ~&I' recorCl$ invOjidrf9 transactions related to this contract. (10/96) .., ~ Nt: Y
~~ ~'ORM
y~ ..,'~,_. ,--' PARTIIJ - AWARD (To be completed by Government) ~LFE
IN WITNESS WHEREOF, the arties hereto have si ned and sealed their resents: CHI 551 NT/C Y ATTORNEY
8a. NAME AND TITLE OF OWNER (Type or Print)
Bb, S/N/,R;O;OW~_
4~/a ///.
~
COUNTY COMMISSIONERS OF MONROE COUNTY, FL.
Dixie M. Spehar, Mayor 07/15/2003
THIS DOCUMENT IS NOT BINDING ON THE GOVERNMENT OF THE UNITED STATES OF AMERICA UNLESS SIGNED BELOW BY AUTHORIZED
CONTRACTING OFFICER.
(10/96)
Ronnie Johnson
'K:ru::;r
~i7 "f /6
(10/96)
9a. NAME OF CONTRACTING OFFICER (Type or Print)
FEDERAL AVIATION ADMINISTRATION 10/96
2 of 2 Pages
ATTACHMENT "A" TO LEASE NO. DTFA06- 03-L- 05229
1. INSTALLATION OF ANTENNAS CABLES AND OTHER APPURTENANCES.
The Government shall have the right to install, operate and maintain antennas, wires and their supporting
structures including any linking wires, connecting cables and conduits atop and within buildings and structures,
or at other locations, as deemed necessary by the Government, provided such installations will not be located
in such an area or in such a manner as to adversely effect the development, improvement or operation of the
Key West International Airport. It is also specifically understood and agreed that in locating antenna wires or
other appurtenances on top of the Administration Building, or other portions of the Administration Building, the
Government will perform the work, or cause the same to be performed, in such a manner as to hold the County
of Monroe harmless from any and all damages that may be sustained through the cancellation of the roofing
bond. The Government shall also have the right and privilege to install, operate and maintain such
underground power and control cables as will be necessary between the Air Traffic Communications Station
and the emergency standby power plant for proper operation of the facility or facilities during periods of
commercial power failure.
2. SECURITY.
The Lessor shall provide sufficient security for the premises to prevent illegal or unauthorized entry and
loitering. (10/96)
3. NO WAIVER.
No failure by the Government to insist upon performance of any provision of this lease or failure to exercise
any right or remedy consequent to a breach thereof, shall constitute a waiver of any such breach in the future.
(10/96)
4. INTEGRATED AGREEMENT.
This lease, upon execution, contains the entire agreement of the parties, and no prior written or oral
agreement, express or implied shall be admissible to contradict the provisions of this lease. (10/96)
5. COMPLIANCE WITH APPLICABLE LAWS.
The Lessor shall comply with all federal, state and local laws applicable to the Lessor as owner, or both, of
building or premises, including, without limitation, laws applicable to the construction, ownership, alteration or
operation of both or either thereof, and will obtain all necessary permits, licenses and similar items at Lessor's
expense. This lease shall be governed by Federal law. (10/96)
6. NON-RESTORATION.
The Government shall have no obligation to restore and/or rehabilitate, either wholly or partially, the premises
under this lease. It is further agreed that the Government may abandon in place any or all of the structures,
improvements and/or equipment installed in or located upon said property by the Governemnt during its tenure.
Notice of abandonment will be conveyed to the Lessor in writing. (10/96)
Attachment A 1
7. HOLDOVER.
If, after expiration of the lease, the Government shall retain possession of the premises, the lease shall
continue in force and effect on a day-to-day basis not to exceed 90 days. Rent shall be paid monthly in arrears
on a prorated basis at the rate paid during the lease term. (10/96)
8. 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 County Commissioners of Monroe County, Florida
c/o Director of Airports
3491 South Roosevelt Boulevard
Key West, Florida 33040
TO GOVERNMENT:
Federal Aviation Administration
P. O. Box 20636
Atlanta, Georgia 30320
General correspondence may be forwarded to the above address via first class mail.
9. HOLD HARMLESS.
The LESSEE shall save harmless the LESSOR for and against all claims for compensatory damages for injury
or loss of property or personal injury or death by the negligent or wrongful act or omission of any employee of
the LESSEE while acting within the scope of his office or employment under circumstances where the
LESSEE, if a private person, would be liable in accordance with the law of the place where the act or omission
occurred. The foregoing shall not extend to claims based upon acts or omissions of the LESSEE's employees
for which the LESSEE would not be liable under the Federal Tort Claims Act of 1945 (28 USC 2671 et seq.) as
now or hereinafter amended. The LESSOR shall furnish the LESSEE with reasonable notice of any claims
made against the LESSEE.
Attachment A 2