Resolution 087-2024 RESOLUTION NO. 087 -2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA, PROMULGATING AN
ADMINISTRATIVE DIRECTIVE FOR PURPOSES OF SETTING
FORTH THE TERMS UNDER WHICH MONROE COUNTY SHALL
ADMINISTRATIVELY TRANSFER FUNDS FOR A PARCEL OF
LAND, SUBJECT TO FAA GRANT ASSURANCES,AT THE FLORIDA
KEYS MARATHON INTERNATIONAL AIRPORT.
WHEREAS, during an event that has required the activation of the Monroe County
(County) Emergency Operations Center (EOC), the County has historically converted the Board
of County Commissioners commission chambers in the Marathon Government Center into the
County's EOC; and
WHEREAS,the converted commission chambers have been shown to have shortcomings
during past emergency events up to and including the need to evacuate the EOC during Hurricane
Irma; and
WHEREAS, the County has had a long-standing need to construct a dedicated EOC
facility, capable of among other things, withstanding a category 5 hurricane; and
WHEREAS, Monroe County owns and operates the Florida Keys Marathon International
Airport(Marathon Airport); and
WHEREAS, a prior Director of Airports applied for and obtained a Florida Department of
Transportation (FDOT) Aviation grant for purposes of assisting the County with funding for the
construction of a non-aeronautical revenue generating facility; and
WHEREAS,Monroe County through its Project Management Department obtained grants
from the Florida Department of Emergency Management in order to fund construction of the
facility; and
WHEREAS, the FDOT aviation grant incorporates the Airport Improvement Program
(AIP) grant assurances; and
WHEREAS, under the AIP grant assurances, Monroe County is obligated to maintain a
fee and rental structure at the Marathon Airport that will make the airport as self-sustaining as
possible; and
WHEREAS,the purpose of the FDOT aviation grant was to provide the Marathon Airport
with an additional revenue source in order to meet its obligation to be as self-sustaining as possible;
and
WHEREAS, the non-aeronautical revenue generating facility is designed to withstand a
category 5 hurricane and can therefore be used as an EOC; and
WHEREAS, the County desires to set forth the process for transferring funds from the
general fund account to the Marathon Airport account in accordance with the terms contained in
the grants that have been awarded to the County; and
WHEREAS, the Monroe County Department of Airports had an appraisal performed by
Slack, Johnston and Maggenheimer, a real estate, appraisal and consultant firm, and the appraisal
determined that the market value ground rent for the property should set at $2.00 per sq. ft per
year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
1. Recitals.
The foregoing recitals are true and correct and are hereby incorporated by reference.
2. Premises, Funding
The County shall make use of approximately 151,588 sq. ft. located at the Florida Keys
Marathon International Airport as shown on Exhibit A for use as an Emergency Operations Center
(EOC), Emergency Management Department offices, Monroe County Fire Rescue offices, and
Monroe County Sheriff's dispatch center. For use of the premises, Monroe County shall
administratively transfer $303,176 into the budget of the Florida Keys Marathon International
Airport per year computed at two (2) dollars per square foot/per year. Thereafter, on April I" of
every year,the amount administratively transferred will be increased by 3%or by an amount equal
to the percentage increase in the CPI-U for all urban consumers for the previous calendar year,
whichever is lower. In the event of a deflationary CPI, no adjustment in the rental rates will be
made. The budgeting for, and transfer of the funds, shall be an internal function performed by the
Monroe County Office of Management and Budget.
3. Term.
The term of this agreement shall be forty (40) years commencing on April 1, 2024 and
terminating on March 31, 2064.
4. Budgeting
a) Monroe County shall be responsible for budgeting and obtaining any funds
necessary for use of the premises.
b) Any exterior architectural changes shall be made in consultation with the Director
of Airports.
c) Monroe County shall be responsible for budgeting and providing for all
maintenance costs necessary for the upkeep of the facility and premises and for all utility costs
associated with the facility.
5. Airport Protection.
It shall be a condition of this Directive:
i) That Monroe County reserves unto itself, its successors and assigns, for the use and
benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface
of the real property hereinafter described, together with the right to cause in said airspace such
noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation
of or flight in the said airspace, and for use of said airspace for landing on, taking off from or
operating on the airport.
ii) That Monroe County 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.
iii) That Monroe County 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.
iv)That at such time in the future as deemed necessary by Monroe County, Monroe County
may enter and construct airport improvements (runways,taxiways, extensions, associated lighting,
etc.)upon the premises provided notice is given to the Lessee at least 180 days prior to the start of
construction. Should such development become necessary, Monroe County shall pay all costs
associated with the protection or relocation of the existing facilities to accommodate said airport
improvements.
6. Property Rights Reserved.
This Directive 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 said 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 Airport
Owner pertaining to the Marathon Airport.
7. Paragraph Headings.
Paragraph headings herein are intended only to assist in reading identification and are not in
limitation or enlargement of the content of any paragraph.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of the Board held on the 21st day of February 2024.
Mayor Holly Merrill Raschein Yes
Mayor Pro Tem James K. Scholl Yes
Commissioner Craig Cates Yes
Commissioner Michelle Lincoln Yes
Commissioner David Rice Yes
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BY- .P BY
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