Item D38
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 20, 2006
Division: Airports
Bulk Item: Yes X No
Department: Florida Keys Marathon Airport
Staff Contact Person: James R. "Reggie" Paros/289-6002
AGENDA ITEM WORDING: Report on the status of negotiations with Jules 1. Beckwitt, Trustee,
Jules 1. Beckwitt Revocable Trust, Marathon, FL, regarding the lease of a parcel of land located at the
Florida Keys Marathon Airport for non-aviation use.
ITEM BACKGROUND: Please see the Additional Information Memo which is attached hereto.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: None, this report is being provided for informational purposes
only.
TOTAL COST: N/A
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
N/ A AMOUNT PER MONTH Year
APPROVED BY: County Attorney N/A OMB/Purchasing N/A
Risk Management N/ A
DOCUMENTA TION:
Included X
Not Required _
DISPOSITION:
AGENDA ITEM #
HOUSING AND COMMUNITY DEVELOPMENT
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggie" Paros, Director/Manager
9400 Overseas Highway, Suite 200
Marathon, FI. 33050
Telephone: (305) 289-6002/289-6060
Facsimile: (305) 289-6071
MEMORANDUM
TO:
Monroe County Board of County Commissioners
FROM:
James R. "Reggie" Paros, Director
Housing and Community Development
Florida Keys Marathon Airport Manager
SUBJECT:
Report on the status of negotiations with Jules 1. Beckwitt, Trustee, Jules
1. Beckwitt Revocable Trust, Marathon, FL, regarding the lease of a
parcel of land located at the Florida Keys Marathon Airport for non-
aviation use.
DATE:
December 5,2006
Jules 1. Beckwitt Revocable Trust, Marathon, FL, is the owner of record of two commercial properties
abutting a portion of the northeast property line of the Florida Keys Marathon Airport. The buildings
that are located on these properties were used previously as aircraft hangars, but are now being used
for other commercial purposes not related to aviation. Vehicular access to the southernmost building
is through the airport's perimeter fence and across airport property from a gate owned by Beckwitt and
located near the comer of Peter Jay and Lindahl Streets.
Within the last few years, one of Beckwitt's buildings has been used by a welder and the other by a
boat refinisher. In December of 2004 a compliant was received from the tenant of a shade hangar
located on the northeast side of the airport about fiberglass dust and paint overspray from the
operations of one of building tenants getting on aircraft. The incident was investigated and since that
time County staff has been attempting to negotiate a solution with Beckwitt without much progress.
Additionally, a matter of utmost concern is that of airport security. The Beckwitt buildings and drive-
through gate provide uncontrolled access for both pedestrians and vehicles onto airport property.
In the event the County placed its perimeter fence directly on the airport's property line, vehicular
access would no longer exist to Beckwitt's southernmost hangar. Consequently, County staff has
proposed the lease of a 135' X 15' parcel of land to Beckwitt to allow for continuing vehicular access;
that initially was offered to Beckwitt in September of2005, a copy of that proposed lease is attached
hereto. As of this date an agreement between the parties has not been reached.
In the interim, there have been additional complaints from airport tenants of shade hangars adjacent to
Beckwitt's about dust, overspray and metal grindings getting on their aircraft. Additionally, there have
been recurrences of Beck witt's gate being left unsecured.
For your information I have enclosed the following documents:
. A copy of the most recent letter received from Jules 1. Beckwitt, Trustee, by: Charlene P.
Helba, Power of Attorney, dated October 13,2006.
. A copy of a reply dated November 20,2006 from Assistant County Attorney Pedro 1.
Mercado's to Jules Beckwitt's letter of October 13,2006.
. A copy of the most recent complaint received from Bill Mathews, President, Hangers On, Inc.,
about Beckwitt's tenants operations.
MONROE COUN':r.-/ BOARD OF COUNTY COMMISSIt>JERS
CONTRACT SU!'vti\1ARY
Contract #_
Contrad with: _n.!'. Jules Bcckv.ritt Effective Date: lj/1/2005
Expiration Date: 1 O/30/7()()6
Contract Purpose/Description: Lease Agreement
Contrad Manager: Pedro Mercado
(Name)
3173
(Exl.)
Countv ~Vtornev #7
(Department)
for BOCC meeting on October 1 <), :2005
A::enda Deadline: October 4m. 2(0)
CONTRACT COSTS
Total Dollar Value of Contract: $]77.19/mo Current Year Portion: $2.126.25
Budgeted? YesD No [J Account ('odes: - -
Granc$ __ _____-_________
County Match: $_ ___ -_ ____
- - -
-~----~ ~_.-
ADDITIONAL COSTS
Estimated Ongoing Costs: $___ /yr For:
(Not included in dollar value above) (eg. maintenance. utilities, ianiloriaL salaries, etc.)
CON'['Ri\CT f{l.:VIE\V
Datc fn
Changes
Needed
YesO NoD
Dale Out
Reviev,"er
Divis io 11 Direcl or
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County Attomc)'
Comments:
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OMB Form Revised 9/11/95 fl/lep #2
PECE[VEL'
SEP 0 9 2005
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MARATHON AiRPORT
MONROE COUNTY ATTORNEY
LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
Dr. lUlES BECKWITT
This lease agreement is entered into by and between Monroe County, a political subdivision of the
State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereafter
COUNTY, LESSOR or OWNER) and Dr. Jules Beckwitt, whose address is 775 107th Street, Marathon,
Florida, 33050 (hereafter TENANT or LESSEE).
WHEREAS, LESSOR owns property adjacent to and including an airport known as the Florida
Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as
"Airport"; and,
WHEREAS, LESSEE has continuously leased said property since June 26, 1991; and,
WHEREAS, LESSEE desires to obtain certain rights, services and privileges in connection with
said property, and the COUNTY is willing to grant and lease the same to LESSEE, upon the terms and
conditions hereinafter stated, now, therefore,
IN CONSIDERATION of the premises and of the mutual covenants and agreements herein
contained, and other valuable considerations, LESSOR does hereby grant and lease unto LESSEE, and
LESSEE does hereby lease from LESSOR, certain premises, rights and privileges as follows, to wit:
1. Premises. LESSOR does hereby lease to LESSEE, and LESSEE leases from the LESSOR, a
135'xI5' parcel of land located at the Florida Keys Marathon Airport, as described in Exhibit "A"
attached hereto and incorporated herein. The premises are leased to the LESSEE for the sole purpose of
providing vehicular access to the hangars, which are located off airport property.
2. Term. The term of the lease shall be twelve (12) months, commencing
and ending on ,2006.
,2005
3. Rent. The rent for the premises, 2,025 square feet, is $1.05 per square foot, $177.19 per month
or $2,126.25 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the
first day of each month.
Rent shall be paid in equal monthly installments, all of which shall be due and payable on or
before the first day of each calendar month during which this lease is in effect. Upon the failure of
LESSEE to pay any installments when due, the COUNTY will be entitled to charge and collect, and
LESSEE will be obligated to pay, a late fee of two percent (2%) of any such amount, if paid within thirty
(30) days of the date due, and five percent (5%) of any such amount, not paid within thirty (30) days of
the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the
COUNTY of the overdue rental installment plus applicable late fees shall cure what would otherwise
constitute a default by LESSEE under the terms of this lease. The COUNTY, at its option, however, may
refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to
paragraph 9 of this lease. In the event that any check, draft, or negotiable instrument by which LESSEE
has tendered any rent payment is returned to the COUNTY and not honored, whether for insufficient
funds or other reason, the COUNTY will be entitled to charge and collect, in addition to any applicable
late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored
instrument. Such penalty fee shall also be in addition to the amount of rent due. The acceptance by the
COUNTY of the rental payment plus any applicable late fee and penalties following the receipt of a
dishonored instrument shall cure what would otherwise constitute a default under the terms of this lease.
The COUNTY, at its option, however, may refuse any proffered rental installment and applicable late fees
and penalties, declare a default, and proceed according to paragraph 9 ofthis lease.
Rent will be adjusted annually on the anniversary of the effective date of this agreement by the
greater of the amount recommended in an approved rates and charges study or by the percentage in
increase in the CPI (U.S. Department of Commerce price index for all urban consumers) for the most
recent 12 months available.
4. LESSOR's Covenants. The LESSOR hereby covenants and agrees with the LESSEE as
follows:
A. The LESSEE shall have reasonable mgress, egress and access privileges to the leased
premIses.
B. The LESSEE, on keeping the covenants and agreements by him herein contained, shall have
quiet and peaceful enjoyment of the demised premises without any interruptions by the LESSOR, or by
any person or persons claiming by, through or under it.
C. LESSEE shall be responsible for and shall properly maintain the leased premises, and upon
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.
5. LESSEE's Covenants.
LESSOR as follows:
The LESSEE hereby covenants and agrees with the
A. LESSEE is not a "through the fence" tenant and LESSEE will have no direct access
whatsoever from the leased premises on to the property of the Florida Keys Marathon Airport.
B. LESSEE will utilize the leased area solely for vehicular access to the hangars, which are
located off airport property.
C. LESSEE will institute reasonable precautions to prevent a nuisance or airport hazard,
including but not limited to any activities/operations on LESSEE's premises that would affect the
activities/operations on the airport, such as: smoke, open flames, blowing dust, paint overspray, et cetera.
lease.
D. LESSEE shall pay the LESSOR the rent at the times and in the manner provided for by this
E. Any commercial aeronautical activity shall be conducted in strict compliance with the
Minimum Standards for Commercial Aeronautical Activities,
F. LESSEE shall make no improper or unlawful or offensive use of said premises, and shall
permit the LESSOR or its agents to inspect the leased premises at all reasonable times for the purpose of
viewing the condition thereof
G. LESSEE shall maintain and operate and use the premises in compliance with 49 CFR, Part
21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said
Regulations may be amended. More particularly, LESSEE covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use
of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or otherwise be subjected to discrimination.
c) LEE SEE will comply with all Federal and Florida statutes, and all local ordinances,
as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (pL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685 -
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975; as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination based of disability; 10) Secs. 13-101, et seq., Monroe County Code, relating to
discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation,
gender identify or expression, familial status or age; 11) Any other nondiscrimination provisions in any
Federal or State statutes which may apply to the parties to, or the subject matter of, this agreement. The
LESSEE expressly understands that upon a determination by a court of competent jurisdiction that the
LESSEE has discriminated against any person, this agreement automatically terminates without any
further action on the part of any party, effective the date of the Court order.
H. LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the hereinafter described real property to
such a height so as to comply with Federal Aviation Regulations, Part 77.
I. LESSEE expressly agrees for itself, its successors and assigns to prevent any use of the
hereinafter described real property which would interfere with or adversely affect the operation or
maintenance of the airport, or otherwise constitute an airport hazard.
1. This lease and all provisions hereof are subject and subordinate to the terms and conditions
of the instruments and documents under which the Airport Owner acquired the subject property from the
United States of America and shall be given only such effect as will not conflict or be inconsistent with
the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been,
or may hereafter be adopted by the Owner pertaining to the Florida Keys Marathon Airport.
K. Notwithstanding anything herein contained that may be or appear to be, to the contrary, it
is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the
LESSOR herein reserves the right to grant similar privileges to another LESSEE or other LESSEE on
other parts of the airport.
6. Inspection and Maintenance of Premises bv County. The LESSOR and its
authorized officers, employees, agents, contractors, subcontractors and other representatives shall have
the right to enter upon the leased premises for the following purposes:
a) to inspect the leased premises at reasonable intervals during regular business hours
(or at any time in case of emergency) to determine whether LESSEE has complied and is complying with
the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the existing
perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located
on or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in
the future as necessary to carry out the Master Plan of development of the Airport; provided, however,
that said work shall in no event unduly interfere with the operations of LESSEE and, provided further,
that the entire cost of such work, as a result of the exercise by the LESSEE of its rights hereunder shall be
home by the LESSEE.
7. Asshmment. This lease agreement may not be assigned, or the premises subleased, without
the written permission of the LESSOR.
8. IndemnificationIHold Harmless. Notwithstanding any minimum insurance requirements
prescribed elsewhere in this agreement, LESSEE shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection with a violation
of any federal law or regulation, attorney's fees and costs, court costs, fines and penalties) that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of LESSEE or any of its employees, agents, contractors or other invitees
during the term of this lease, (B) the negligence or willful misconduct of LESSEE or any of its
employees, agents, contractors or other invitees, or (C) LESSEE's default in respect of any of the
obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than LES SEE).
Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events
or circumstances that occur during the term of this lease, this Section will survive the expiration of the
term of this lease or any earlier termination of this lease.
9. Insurance ReQuirements.
a. LESSEE will obtain or possess the following insurance coverage's and will provide Certificates
of Insurance to LESSOR to verify such coverage:
General Liability. LESSEE shall provide coverage for all premises and operations including
Products and Completed Operations, Blanket Contractual Liability, Personal Injury Liability, and
Expanded Definition of Property Damage. The limits shall not be less than:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
Vehicle Liability. LESSEE shall provide coverage for all owned, non-owned and hired vehicles
with limits of not less than:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
b. The Monroe County Board of County Commissioners will be included as "Additional Insured"
on all policies, except for Worker's Compensation, issued to satisfy the above requirements.
c. All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty days prior notification is given to
the Lessor by the insurer.
d. The acceptance and/or approval of LESSEE's insurance shall not be construed as relieving
LESSEE from any liability or obligation assumed under this lease or imposed by law.
e. LESSEE shall maintain the required insurance throughout the entire term of this lease and any
extensions which may be entered into. The LESSOR, at its sole option, has the right to request a certified
copy of any and all insurance policies required by this lease. Failure to comply with this provision shall
be considered a default and the LESSOR may terminate the lease in accordance with Paragraph 9.
f. Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by
Monroe County Risk Management.
10. Default. Unless the LESSOR has accepted in writing a delay in performance of duties, the
failure to perform said duties shall constitute a default under the terms of this lease. The failure of
LESSEE to perform any of the covenants of this lease, which failure shall continue for a period of fifteen
(15) days after notice thereof is given to LESSEE in writing by the LESSOR, shall also constitute a
default under the terms of this lease. In the event of a default, LESSOR may, at its option, declare 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 agreement, the LESSOR shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the LESSOR to forego the provisions of this paragraph and any
subsequent default shall be grounds for termination.
11. Books. Records and Documents. LESSEE shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for public records
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the LESSOR or Clerk determines that monies paid to LESSEE
pursuant to this Agreement were spent for purposes not authorized by this Agreement, the LESSEE shall
repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to LESSEE.
12. Governin2: Law. Venue. Interpretation. Costs. and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida applicable to contracts
made and to be performed entirely in the State. In the event that any cause of action or administrative
proceeding is instituted for the enforcement or interpretation of this Agreement, the LESSOR and
LESSEE agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
The LESSOR and LESSEE agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the
institution of any other administrative or legal proceeding.
13. Severabilitv. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of
this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The LESSOR and LESSEE agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
14. Attornev's Fees and Costs. The LESSOR and LESSEE agree that in the event any cause of
action or administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
15. Bindim! Effect. The terms, covenants, conditions, and provisions of this Agreement shall
bind and inure to the benefit of the LESSOR and LESSEE and their respective legal representatives,
successors, and assigns.
16. Authoritv. Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate action,
as required by law.
17. Claims for Federal or State Aid. LESSEE and LESSOR agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be approved by
each party prior to submission.
18. Adiudication of Disputes or Disa2reements. LESSOR and LESSEE agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law.
This paragraph does not apply where a default has occurred under the provisions of this agreement.
19. Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, LESSOR and
LESSEE agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. LESSOR and LESSEE specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement. A party who requests
the other party's participation in accordance with the terms of this paragraph shall pay all reasonable
expenses by the other party by reason of such participation.
20. Covenant of No Interest. LESSOR and LESSEE covenant that neither presently has any
interest, and shall not acquire any interest, which would conflict in any manner or degree with its
pl'd(nmance umkr this AgreL"lllent, and that the only interest or each is to pert(lflll and receive heneflts as
recit <:d in t his A~rcemc nt
21. Code of Ethics. LESSOR agrees that officers and employees of the LESSOR recognize
and will be required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship; and disclosure or use of certain information.
22. No SolicitationlPavment. The LESSOR and LESSEE warrant that, in respect to itself, it
has neither employed nor retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,
company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the LESSEE agrees that the
LESSOR shall have the right to terminate this Agreement without liability and, at its discretion, to offset
from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
23. Public Access. The LESSOR and LESSEE shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its possession or under its control
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the LESSOR and
LESSEE in conjunction with this Agreement; and the LESSOR shall have the right to unilaterally cancel
this Agreement upon violation of this provision by LESSEE.
24. Non-Waiver of Immunitv. Notwithstanding he provIsions of Sec. 286.28, Florida
Statutes, the participation of the LESSOR and the LESSEE in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
contract entered into by the LESSOR be required to contain any provision for waiver.
25. Privileees and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the LESSOR, when performing their respective functions under this Agreement within the
territorial limits of the LESSOR shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
LESSOR.
26. Leeal Oblieations and Responsibilities: Non-Delegation of Constitutional or Statutory
Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of actual and
timely performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the LESSOR, except to
the extent permitted by the Florida constitution, state statute, and case law.
27. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the LESSOR and the
LESSEE agree that neither the LESSOR nor the LESSEE or any agent, officer, or employee of either
shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of
llldividuals, entity or entities, have entitlements or benefits under this Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in this Agreement.
28. Attestations. LESSEE agrees to execute such documents as the LESSOR may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
29. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
30. Execution in Counteroarts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall constitute
one and the same instrument and any or the parties hereto may execute this Agreement by signing any
such counterpart.
31. Section Headin2s. Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
32. Cancellation of Lease. LESSOR may cancel this lease agreement by giving LESSEE sixty
(60) days advanced written notice upon the happening of any ofthe following events: the appointment of
a receiver of LESSEE's assets; the divesting of LESSEE's leasehold estate by other operation of law; the
abandonment by LESSEE of its operations at the premises for a period of sixty (60) days. By the end of
the sixty (60) day notice period, LESSEE shall have vacated the premises and the LESSOR may
immediately re-enter and take possession of same. If it is necessary to employ the services of an attorney
in order to enforce the LESSOR's rights under this paragraph, the LESSOR shall be entitled to reasonable
attorney's fees.
33. FAA Requirements. The parties shall comply with FAA Required Lease Clauses, which are
listed in Exhibit "B", attached hereto and made a part hereof.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this
, 200')
day of
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy C! erk
Mayor/Chairperson
WITNESSES:
LESSEE
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JULES I. BECKWITT, TRUSTEE
JULES I. BECKWITT REVOCABLE TRUST
775- 107 ST. OCEAN
MARATHON, FL 33050
(305) 743-6088
October 13, 2006
Mr. James R. Paros, Manager
Florida Keys Marathon Airport
9400 Overseas Highway, Suite 200
Marathon, FL 33050
Re: Beckwitt Airport Properties
Dear Mr. Paros,
Firstly, I would like to thank you for your patience and cooperation throughout the past
few years with regard to the ongoing airport "threshold" property issue. I believe that the
concerns and solutions which have been proposed by the Airport Authority and me have
been fully explored and I have concluded that the best solution for both parties is for me to
purchase the property.
I would like to make a formal offer of purchase to Monroe County and initiate the process
of negotiations. At the suggestion of Barbara Ward, in your office, I will summarize my
proposition below and ask that you put this request on the agenda for consideration by the
County Commission.
Specifically, I would like to buy a parcel of land, measuring a minimum of 15 feet and a
maximum of 30 feet in an east-west direction and approximately 135 feet in a north-south
direction, which would be located to the east and adjacent to the proposed airport security
fence. This parcel is shown as "Exhibit A" in your lease proposal dated September 12,
2005. I am uncertain as to the exact measurement at this time, as that would be determined
by the cost vs. benefit. However, my intent is to buy land which will be sufficient for our
tenants to access the hangars through the gate on Lindahl Street and use the area
immediately in front of the two hangars for activities which do not interfere with the
airport operations, such as ingress, egress and parking. I would agree to address your
concern of operations which create a nuisance or hazard, in the sales contract.
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October 13,2006
Mr. James R. Paros, Manager
Florida Keys Marathon Airport
Page two
In addition, I will pay for an appropriate security fence across the property and give the
airport authority the control of the operation of the access gate. I would like to purchase an
"option" which would allow "thru-the-gate" access, if and when the hangars are used for
aeronautical activities and if access can be arranged in a way that preserves the airport
security.
This purchase would resolve the problem of the airport's liability and security and alleviate
the need for ongoing leases and negotiations, which have concerned both parties for many
years.
I hope that we can conclude these negotiations with an agreement which will be
advantageous for all. I am available for a telephone discussion or a personal conference
and I look forward to hearing from you as to how to move this proposal through the proper
channels.
Sincerely yours,
J~~wi~ T:::ck.<u~Tt/ J'-"'JX u:
, /- '.',
// ( ,(oJ-ol-o ~.....
By: Charlene P. Helba, Power of Attorney
cc: Mr. Pedro Mercado, Esq.
OKl!~rY ~O~~~2E
(305) 294-4641
4#:, 1~~~
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r- '-,..-,..,...-. BOAIIW OfF COUNTY OOMMllSSllONIERS
Mayor Mario Di Gennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Charles "Sonny" McCoy, District 3
Suzanne A. Hutton. County Attorney*
Robert B. Shillinger. Chief Assistant County Attollley ,
Pedro J. Mercado, Assistant COlUlty Attollley
Susan M. Grimsley, Assistant County Attollley **
Natileene W. Cassel. Assistant County Attollley
Office of the County Attorney
PO Box 1026
Key West FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Govt. Law
November 20,
Charlene P. Helba
775-107 St. Ocean
Marathon, FL 33050
Dear Ms. Helba,
Thank you for your letter of October 13,2006. I have reviewed your letter with the Airports
director, Peter Horton and the Florida Keys Marathon Airport Manager, Reggie Paros. Your
latest proposal, purchasing the property, is a matter that I addressed in my letter to Dr. Beckwitt
dated March 2,2006. Let me be absolutely clear; the County does not want to sell this tract of
property and if the County were willing to sell this tract of property (which it is not), the County
cannot simply enter into a contract for the sale ofthe property. First of all, concerning the
F.A.A., the County would have to declare the property as excess property and certifY that we
have no current or future use for the property. Under State Statute and County regulations, the
County would then have to place a public notice of its intent to offer the tract for sale, offering
the property to the public in general, entertaining bids, and selling the tract to the highest bidder.
As you can see, the requirements governing sale of public property would not necessarily produce
the...outcome..youdesire.and makes a lease agreement the only practical alternative,
Clearly we both have issues that need to be addressed and any lease that is entered into should
protect the interests and liability concerns of the parties involved. In this case, the work being
performed in the Beckwitt hangars is in the nature of non-aeronautical industrial work.
Unfortunately for the County, work being performed in the Beckwitt hangars or immediately
adjacent to it by your tenants has continued to generate complaints from airport tenants. For
example, the most recent complaint was that metal grinding work being performed by one of your
tenants deposited metal shavings on nearby aircraft. In addition to the fact that this type of
industrial activity is inappropriate at the airport, it represents a cosmetic hazard in terms of paint
damage and a mechanical hazard in terms of engine damage. In light of the work being performed
ri5lr~~ r, 1.""" '1f 'l' ~T:''''' D~-:1
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Charlene P. Helba
November 20, 2006
Page Two
in the Beckwitt hangars prudence dictates the need for the terms contained in the lease proposed
by the County. In addition, the lease, and the terms contained within it such as insurance, is
standard in form, and has been used with numerous County Airport tenants. It is the County's
position that the terms are fair and protect the interest of both parties. We would urge you to
reconsider the lease proposal that has previously been provided to you.
Lastly, the County would respectfully request that you take whatever actions necessary so as to
prevent spillover of any kind on to airport property from the industrial activities being conducted
in the Beckwitt hangars.
S711'U::.~?ffli.f N ',-" /~~~\
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P ro . lV1ercad
Assistant Cou. AttQrney~'"-'~'--~-'-'
c: Peter Horton
Reggie Paros
5%6)~CL
(f)p~~#
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November 13, 2006
Mr. Reggie Paros, Airport Manager
Marathon Airport
9400 Overseas Hwy.
Marathon, F133050
Dear Reggie,
I feel the need to inform you of a potentially dangerous situation at Marathon
Airport.
Yesterday, November 12,2006, Sunday, I observed the tenant in Dr. Beckwith's
building grinding and sanding a truck outside. Then he proceeded to spray primer paint
on the truck outside. I found bits and other residue in our hangars at Hangers On, Inc.
and specifically on Dan Zieg's airplane, N5234Z. This is not an airport related activity
and possibly a violation of environmental policies at Marathon Airport. At the least,
residue and paint from trucks and boats are being left on our hangars, airplanes and
vehicles.
Please investigate this situation further and halt any further grinding, sanding and
painting of trucks and boats at Marathon Airport.
Thank you for your consideration.
Since?z; ai/I
, 'ji ,0.,'
Bill Mathews
President, Hangers On, Inc.
.0:.'. I
cc: Peter Horton, Director of Airports
Key West Airport
3491 S. Roosevelt Blvd.
Key West, Fl33041
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