Item C29BOARD OF COUNTY COMMISSIONERS
AGENDA .ITEM SUMMARY
Meeting Date: August 20, 2008Division: ALrports
Bulk Item: Yes XX No Staff Contact Person: Reggie Paros/Pedro Mercado
AGENDA ITEM WORDING:
Approval of Consent to Assignment assigning the FKAA ground lease for the Little Venice treatment
plant at the Marathon Airport from FKAA to the City of Marathon.
ITEM BACKGROUND:
The Florida Keys Aqueduct Authority (FKAA) built, operated and was the owner of the Little Venice
Wastewater Treatment Plant. Pursuant to the authority vested in the FKAA by the legislature, the
FKAA previously delegated its authority for waste water services to the City of Marathon and on
September 30, 2008 transferred, to the City of Marathon, all of the FKAA's right, title and interest in
the Little Venice Wastewater System including the plant sited at the Marathon Airport. The assignment
of the ground lease at the Marathon Airport will complete FKAA's transfer of all of the Little Venice
Wastewater System assets to the City of Marathon.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL, COST: BUDGETED: Yes No _
COST TO COUNTY: SOURCE OF FUNDS
REVENUE PRODUCING: Yes XX No
AMOUNT PER MONTH Year $25,583.08 plus CPI
APPROVED BY: County Atty OMB/Purchasing
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 2/05
Risk Management
AGENDA ITEM #
CONSENT TO ASSIGNMENT OF LEASE
This Consent to Assignment is entered into this day of , 2008, by and
between Monroe County (Lessor), a political subdivision of the State of Florida, hereafter
County, Florida Keys Aqueduct Authority (Lessee), Assignor, an independent special
district of the State of Florida, and the City of Marathon (Sub -Lessee), Assignee, a
Florida Municipal Corporation, the parties agreeing as follows:
The County leases to Florida Keys Aqueduct Authority approximately 21,853
s.f of a parcel of land at the Florida Keys Marathon Airport, Marathon,
Florida, through an Agreement dated March 15, 2000, hereafter the original
agreement, and amended on June 20, 2001, and July 14, 2004. The original
agreement and renewal agreements are attached and incorporated into this
Consent to Assignment.
2. The County leases to Florida Keys Aqueduct Authority approximately 2,438
s.f of a parcel of land at the south end of Florida Keys Marathon Airport,
Marathon, Florida, adjacent to the space designated in Paragraph 1 above
through the Second Amendment to Agreement dated July 14, 2004.
3. By Assignment of Lease effective September 30, 2008 Florida Keys Aqueduct
Authority assigned to City of Marathon all the Assignor's rights, title and
interest in the original agreement, as amended, including construction and
operational authority of a wastewater treatment plant and office/support
facility.
4. Rent payments shall be made by the Assignee City of Marathon payable to the
Marathon Airport, and sent to Key West Airports Business Office at 3491 S.
Roosevelt Blvd., Key West, FL 33040.
5. The County consents to the assignment of the above- described lease by the
Florida Keys Aqueduct Authority to the City of Marathon.
5. In consideration for such consent, the Assignee agrees to be bound by all the
terms and conditions of the original agreement, as amended, heretofore and
above, and to provide for payment to be made to the County.
Page 1 of 2
Consent to Ass Little Venice Lease to Marathon
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
�y
f
Witnesses:
By:
Witnesses:
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor/Chairman
CITY OF MARATHON/ASSIGNEE
Clyde Burnett, City Manager
FLORIDA KEYS AQUEDUCT
AUTHORITYIASSSIGNOR
James C. Reynolds, Executive Director
,,.e6OUNT-Y MYM
pF-D AN C CITY ATTb,Ney
Page 2 of 2
Cbment to Ass Little Venice Lease to Marathon
ASSIGNMENT AND ASSUMPTION OF LEASEHOLD
THIS AGREEMENT for the Assignment and Assumption of Leasehold is entered into
this 3& day of September 2008, by and between the FLORIDA KEYS AQUEDUCT
AUTHORITY (FKAA) Assignor, an independent special district of the State of Florida, and the
City of Marathon, Florida (City) Assignee, a Florida Municipal Corporation:
;WHEREAS, The County of Monroe leased to Florida Keys Aqueduct Authority
approximately 21,853 s.f of a parcel of land at the Florida Keys Marathon Airport, Marathon,
Florida, through an Agreement dated March 15, 2000, and amended on June 20, 2001, and July
14, 2004; and
WHEREAS, The County of Monroe leased to Florida Keys Aqueduct Authority
approximately 2,438 s.f of a parcel of land at the south end of Florida Keys Marathon Airport,
Marathon, Florida, adjacent to the space designated in Paragraph 1 above through the Second
Amendment to Agreement dated July 14, 2004; and
WHEREAS, the FKAA constructed and now operates the Little Venice Wastewater
Treatment Facility on the above -described parcels of land; and
WHEREAS, the Florida Keys Aqueduct Authority, pursuant to the Little Venice
Transfer Agreement, effective September 30, 2008, has transferred to the City of Marathon and
the City has accepted all of the FKAA's right, title and interest in the Little Venice Wastewater
System of which the Little Venice Wastewater Treatment Facility is located on the above -
described parcels of land; and
WHEREAS, the existing lease requires an assignment document for the Florida Keys
Aqueduct Authority to assign the lease to the City of Marathon; now therefore,
IN CONSIDERATION of the mutual promises and benefits set forth below, The FKAA
and the City of Marathon agree as follows:
1. FKAA assigns to the City all of the Assignor's rights, title and interest in the original
agreement and the amendments thereto. A copy of the original agreement and amended
agreements are attached hereto as Exhibit A.
2. The County of Monroe has consented to the Lease Assignment by executing a Consent to
Assignment of Lease, which is attached hereto as Exhibit B, under the same terms and
conditions as the original lease as amended.
3. All responsibilities, liabilities, privileges and immunities held by the FKAA pursuant to the
lease are hereby transferred to the City.
Page 1 of 2
Assignment and Assumption of Leasehold
FKAA to Marathon FKMAP
4. Rent payments shall be made by the Assignee City of Marathon payable to the marathon
Airport, and sent to Key West Airports business office at 3491 S. Roosevelt Blvd., Key
West, Fl 33040.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the date first
written above.
(SEAL) FLORIDA KEYS AQUEDUCT AUTHORITY
ATTEST:
Kathryn A. ®vide, Records Clerk
(SEAL)
ATTEST:
Clerk
BY:
.Tames C. Reynolds, Executive Director
CITY OF MARATHON
BY:
Clyde Burnett, City Manager
Page 2 of 2
Assignment and Assumption of Leasehold
FKAA to Marathon FICMAP