Item C04BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 20, 2006 Division: Florida Keys Marathon Airport
Bulk Item: Yes X No Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Re22ie" Paros
AGENDA ITEM WORDING: Approval of Lease Renewal Agreement with Florida Keys
Mosquito Control District for certain premises at the Florida Keys Marathon Airport
ITEM BACKGROUND: See Additional Information Memo
PREVIOUS RELEVANT BOCC ACTION: Original lease was approved in October 1986 for
ten (10) years, with an option to renew the lease for two (2) additional terms of five (5) years, with a
rent increase of 10% for each additional five year period. The lease was renewed for both optional five
(5) year periods and will end on September 30, 2006.
CONTRACT/AGREEMENT CHANGES: Extends the term of the original agreement for an
additional two years, to September 30, 2008, with an additional two year renewal option. Also
provides for the leasehold improvement, one aircraft hangar, to become the property of Monroe
County upon the expiration of this lease renewal. In exchange for relinquishing all rights, claims and
legal title to the aircraft hangar, the FKMCD will receive 50% of the rent collected by Monroe County
for use of the aircraft hangar for a period of five (5) years.
STAFF RECOMMENDATIONS:
TOTAL COST: None
COST TO COUNTY:
Approval
BUDGETED: Yes
SOURCE OF FUNDS:
No N/A
REVENUE PRODUCING: Yes X No AMT PER MONTH $671.36 Year $ 8,056.32
APPROVED BY: County Atty YES
DOCUMENTATION: Included
DISPOSITION:
OMB/Purchasing YES Risk Management YES
X Not Required
AGENDA ITEM #
HOUSING AND COMMUNITY DEVELOPMENT
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggie"Paros, Director/Manager
9400 Overseas Highway, Suite 200
Marathon, FI. 33060
Telephone: (306) 289-6002/289-6060
Facsimile: (306) 289-6071
ADDITIONAL INFORMATION MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: James R. "Reggie" Paros, Director
Housing and Community Development
Florida Keys Marathon Airport Manager
SUBJECT: Agenda Item requesting approval of Lease Renewal Agreement with
Florida Keys Mosquito Control District for certain premises at the
Florida Keys Marathon Airport
DATE: September 1, 2006
An original lease agreement with Florida Keys Mosquito Control District, for the use of certain
premises at the Florida Keys Marathon Airport, was executed in 1986. The lease was for a term of 10
years, commencing October 1, 1986 and ending on September 30, 1996. The lease also provided a
renewal option for two (2) additional terms of five (5) years. The last renewal will expire September
30, 2006.
The Mosquito Control District intends to build a new hangar facility on land they have
acquired, adjacent to the airport property. They anticipate that construction will take approximately 18
months to complete. The attached Lease Renewal Agreement provides for them to continue to use
airport premises for an additional two years, while their new facilities are under construction. It also
provides for an additional 2 year renewal option in the event of unforeseen circumstances which delay
completion of the project. Upon expiration of this lease renewal agreement, the leasehold
improvement, one aircraft hangar, shall become the property of Monroe County.
In exchange for relinquishing all rights, claims and legal title to the aircraft hangar, the
Mosquito Control District will receive 50% of the monthly rent collected by the County for use of the
aircraft hangar for a period of five years, said use to be rented as determined to be in the best interests
of the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CO? -TRACT SUMMARY
Contract 11
Contract with: Florida Keys Mosquito Effective Date: October 1, 2006
C-or trol District Expiration Date: September 30. 2008
Contract PulpaselDescril�tion: Lease renewal a cnt to extend ter ii Dili additt iial two__
years Intil they copapletc their new hear
Contract Manager: James "Re�zjzie" Parrs 6002/6060 Marathon Airporti5top 1.5
(Name) (Ext.) (Department)
for BOCC meeting on September 20. 2006 Agenda Deadline: September 5. 2006
CONTRACT COSTS
Total Dollar Value of Contract: $'' $8,056 yr (Rev) Current Year Portion: N/A
Budgeted? Ycs❑ No ❑ Account Codes: - -�
Grant: $ - - - -
Car�llty Match:
ADDITIONAL. COSTS --
Estimated Ongoing Costs: $ lyr For:
(Not included in dollar value above) (maintenance, utilities, janitorial, salaries, etc,
X-4
DivisloI1 Director
Risk Management -6 `
J ,�y
CONTRACT REVIEW
_ram
Chan -es
Needed ,Re-6 ever
Yes❑ NoFz��—'-- ❑` --�� ..
Yes[❑ Nn �., r❑ 'rl �t-�.?..� .,,���.�� ---
0. .B.'Purcha�s�ing i Ycs❑ Noz
County Attorney Ycs❑ No�
Lt
Comments:_
'<<'` �
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
U-75
Deputy Clerk
Date
(SEAL)
ATTEST:
Director
Date ' s
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayer/Chairperson
FLORIDA KEYS MOSQUITO
CONTROL BOARD
By j�4
Chairperson
LEASE RENEWAL AGREEMENT
This lease renewal is made and entered into by MONROE COUNTY, a political subdivision of
the State of Florida, and whose address is Gato Building, 1100 Simonton Street, Key West, FL
33040, hereafter County; and FLORIDA KEYS MOSQUITO CONTROL DISTRICT- an
independent special district, whose address is 5224 College Road, Key west, Florida 33040,
hereafter FKMCD.
WHEREAS, in a lease dated October 17, 1986, amended on June 27, 1989, and amended on
October 5, 1996, (original lease) leased certain premises at the Marathon Airport to the FKMCD
for its aircraft used for aerial spraying;
WHEREAS the parties desire to extend the original lease for an additional five years; now,
therefore
IN CCNSIDERATION e- the rnutjr, I covenants detaiied below, the parties agree os foI10vV5:
1- The term of the original lease is extended for an additional five vears, commencing
on October 1, 2001 and ending on September 30, 2006-
2. Rent under this lease renev.,cl agreemen 7 is $61C.32 ?er month payable on the first
business day of each month.
3. In all other resnects, the terms and conditions of thr oriainal lecse rerrcin in full
force and effect.
+ This lease renewal agreement will take effect on the date of the signature of the
fast tarty to execute the agreement.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
..beputy Cleric
Date __ /: I `f
(SEAL)
ATTEST:
BYf:.
Director
Date
jdoirmosquito
BOARD OF COUNTY COMMISSIONERS
OF MONROE;CO.UNTY, FLORIDA
Y
Mayor/Chairperson
FLORIDA KEYS MOSQUITO
CONTROL BOARD
BY,r`
Chaurperson;�
JJ Ir
4.."OVF
All ; � A- -
R ficRT 1
DATE
u
LEASE RENEWAL AGREEMENT
This lease renewal is made and entered into by Monroe County, a politicai
subdivision of the State of Florida, and whose address is 5100 College Road, Public
Service Building Wing II, Key West, Florida 33040, hereafter the Cotnty; and the Monroe
County Mosquito Control District, an independent special district, whose address is 5224
College Road, Key wesf, Florida 33040, hereafter MCMCD.
WHEREAS, in a lease dated October 17, 1986, and amended on June 27, 1989,
leased certain premises at the Marathon Airport to the MCMCD for its aircraft used for
aerial spraying; and
WHEREAS, the initial term of the lease (10 years) will shortly expire; and
WHEREAS, the 1986 lease provides an option for two 5-year renewal terms tha!
may be exercised at the discretion of the MCMCD; and
WHEREAS, the MCMCD desires to exercise that option,
NOW, THEREFORE, in consideration of the mutual covenants detailed below, the
parties agree as follows:
1.) The term of the Marathon Airport premises lease dated October 17, 1986,
as amended on June, 27, 1989, is extended for an additional five years, commencing
on October 1, 1996 and ending on September 30, 2001.
2.) Rent under this lease renewal agreement is -84 per month payable
on the first business day of each month.
3.) In all other respects, the terms anc cond;tions of t,-e Eeosp da-i ecj CDCTCOer
17, 1986, and amended on June 27, 1989, rem ;ins in `0 fo,ce and effect. i
i
4.j This lease renewal agreement will take effect on the date of the signature
,h:l pariy to execute the agreerent.
p1NY L. �CaL NACC, CLFRK
-,-LJ c ��
DePuty Clark
Date: oS'aO - 97
ATTEST,
s y,
4re���r
Date: January 29, 1991
pconslmcmcd.doc
BOARD OF COUNTY COMMlSSICNERS
OF MCNFOE C 0UNTY, FLORIDA
NAF
MONROE COUNTY MOSQUITO
CONTROL BOARD
By
Chairman
APPROVED AS TO FORM
AN LS t
B
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D 4TE
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LEASE ADDENDUM
This lease addendum is made and entered into on the 27th day
of June, 1989, by and between MONROE COUNTY, a political subdivi-
sion of the State of Florida, Lessor, hereinafter COUNTY, and the
MONROE COUNTY MOSQUITO CONTROL DISTRICT, Lessee, hereinafter
MCMCD.
Whereas, the original lease dated October 17, 1986, between
the parties for certain premises at the Marathon Airport was
predicated on MCMCD being able to immediately construct certain
improvements;
Whereas, unforeseen permitting delays prevented such con-
struction;
Whereas, it was intended by the parties that rental payments
not become due until the improvements were built;
Whereas, such improvements were not built until January,
1989; and
Whereas, it is in the mutual interest of both parties tc
reform the lease to correct both the mutual mistake of fact as to
the c-, cres.-er. cnnstr•acrion delays and the scrivener's error in
not ,,racing that no rent is due until the improvements are done;
Now, thez-r'_Fnre, fir and in consideration of the mutual
covenants and rert.er.*s contained herein, and other valuable
consideration, the CC:._'NTY and the MCMCD hereby agree to the
following addendum as substitute paragraph four to the lease
between the parties dated October 17, 1986, for certain premises
at the Marathon. Airport:
"4.) During the initial_ term of this lease, MCMCD shall
pay to the COUNTY, rent '_- -the amount of Six Thousand
Fifty-tw❑ and 80/100 ($6,052.80) Dollars per year. Such
rent shall first became due and payable upon the completion
of the harige: described in paragraph 5 and, for subsequent
years, �;hal'_ be diie and payable on or before the first month
of each year."
l
In Witness Whereof, the parties hereto caused this lease
addendum to be executed as of the day and year written above.
(SEAL)
Attest:DANN�Y I. SOLHAGA Clerk
p
Attest:
ire,. �I
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Maor/Chairman
f 1 ,rl
*10NRORiTn CONTROL
DISTRIdT �.1
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RPPR; r . u M
AND .
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1�f7Wi,� . S Jul:;/ / �•
8
LEASE
THIS LEASE is made -and entered into on the 17th day -,of
�- October 1986, by and between the COUNTY OF MONROE*
a political subdivision of the State of Florida, Lessor, herein-
after referred to as "COUNTY"'. and MONROE COUNTY MOSQUITO CON-
TROL DISTRICT, Lessee, hereinafter referred to as "MCMCD".
WHEREAS, COUNTY owns an airport known as Marathon Airport
located in Marathon, Monroe County, Florida, hereinafter referred
to as the "AIRPORT", and
WHEREAS, MCMCD is engaged in the operation and maintenance
of aircraft for aerial larviciding and aerial adulticiding, and
WHEREAS, MCMCD desires to obtain certain rights and privi-
leges in connection with the use ok the airport facilities, and
the COUNTY is willing to g=ant and lease the same to MCMCD on a
'non-exclusive basis, upon the terms and conditions hereinafter
stated.
NOW, THEREFORE, for and in consideration of the mutual
covenants and agreements herein contained, and other valuable
considerations, COUNTY does hereby lease unto MCMCD, and HCMCD
does hereby lease from COUNTY certain premises and facilities.
rights and privileges, as followss
1) Premises. COUNTY does hereby lease to MCMCD, and MCMCD
leases from COUNTY, premises as indicated on the attached Exhibit
"A", made a part hereof.
2) Use of the AirRart. MCMCD shall be entitled to use. in
coon with others authorized to do so. the airport facilities
and, appurtenances, together with all equipment improvements and
services which have been or may hereafter be provided at or in
connection with the AIRPORT for common use, for all lawful
purposes of the MCMCD.
3) Term. The initial term of this lease shall be Ten (10)
years, commencing October 1. 1986. and ending on September 30,
1996. MCMCD shall have the option to renew this lease for:. two
(2) additional terms of Five (5) years for a rent increase of ten
(10) percent for each additional five (5) year period with all
other conditions.remaining the same.
4) Rent.. During the "initisil- term`�cf=;:this: 2eas�, MC ICD!3
shall pay to the COMM, rent in the amount of Six Thousand Fifty
6'd utwpd 03 sjuagoa I sawer e9S=80 20 SO unr
Tw6 and 801100 Dollars (6,052.80) per year. payable on or 1a1b�nxa
the first month of each
5) Lease Hold Wrovements. MC= shall have the right to
erect an aircraft hanger on the leased premises for aircraft
maintenance and aircraft parking. Such buildings, and any other
improvements made to the leased J,Lemises. shall be made only with
the written consent of COUNTY, through its Director of Airports,
and shall be made in accordance with all applicable Federal,
state, and County building codes and requirements.
6) Common Areas. MCMCD shall have the right to use, in
common with others, the AIRPORT space and facilities to permit
landing, taking off, taxiing. loading, unloading and servicing of
MCMCD aircraft, subject to reasonable rules and regulations of
COUNTY as to the use of such common spaces and facilities.
�7) Right of Ingress and Egress. MCMCD, its agents. emp lcy-
ees, and suppliers shall have the right of ingress and egress to
and from the leased premises, which shall not be unreasonably
restricted by COUNTY.
8) Utilities. MCMCD shall. be responsible for obtaining
electrical service. water service, trash removal service, and
similar utility services, as needed, and shall be responsible for
paying for its use of such utility services.
9) Assignment. The premises leased hereunder may not be
sublet, and this lease may not be assigned without the written
consent of the COUIM.
10) Maintenance of Premises. MCMCD shall be responsible for
and shall properly maintain the lease premises, and upon the
termination of this lease, shall leave the premises in, at least$
as good condition as at the time of the commencement of this
lease, normal use and occupancy excepted.
11) Insurance. MCMCD agrees to indemnify and save COUNTY
harmless from and against all claims and actions_ and expenses
incidental -thereto, arising out of damages or claims for damages
E
resulting from the negligence of MCMCD, its agents, or employees
in the use of occupancy of the leased premises and the common
areas of the AIRPORT facilities by MCMCD. Lessee agrees to carry
and keep ion force such insurance with a zini=2m combined limit -of
J
One. Million Dollars ($1,000,000.00).. -.The Lessor shall be named
an additional insured and will be furnished with -a Certifica6V in
evidence of the insurance providing for no less than, thirty (301
days notice in the event of material change or cancellat ion.
Lessee shall carry its insurance coverages with a company au-
thorized to do business in the State of Florida.
12) Default. The failure of MCMCD to pay any installment of
rent when it becomes due or any other charges or fees shall be
due within ten (10) days after COUNTY transmit a statement
therefore. Further, the failure of MCMCD to perform any other of
the covenants of this lease, which failure shall continue for a
period of fifteen (15) days after notice thereof is given to
in writing by the COUNTY shall also constitute a default
under the terms of this lease. In the event of a default. COUNTY
may, ,at Its options, Aiedlare the lease forfeited and may.
•.immediately, re-enter and take possession of the leased premises,
and this lease shall terminate. If it shall be necessary to
employ the services of an attorney in order to enforce its rights
under this paragraph, or to collect any of its rentals or fees or
charges due, COUNTY shall be entitled to reasonable attorney's
fees.
IN WITNESS WHEREOF, the parties hereto caused this lease to
be executed as of the day and year above written.
(SEAL)
Attes DANi�Tl' I` I;UI.LL1G1•:, Clcrlc
er
Attests
• dam" �C Uoi
s , yanr etor
1
e
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY. FLORIDA
By: GL��d�! �.:.:•
Mayor Pro Tem
MONROE COUNTY MOSQUITO CONTROL
DISTRICT
Chairman
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