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Home My WebLink AboutResolution 140-2025 RESOLUTION NO. 140 - 2025 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, Monroe County owns and operates the Florida Keys Marathon International Airport(Marathon Airport); and WHEREAS,Monroe County,as the owner of the Marathon Airport,has been the recipient of Airport Improvement Program (AIP) grant funds; and WHEREAS, as a condition of accepting the grant funds, Monroe County is bound by certain enumerated AIP grant assurances; and WHEREAS, under the terms AIP grant assurance 24, 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, under the terms of AIP grant assurance 25, all revenues generated by the Marathon Airport may only be expended for the capital or operating costs of the Marathon Airport; and WHEREAS, the rental of land to, or use of land by, Monroe County for nonaeronautical purposes at less than fair market value rent is considered to be a subsidy of local government, is a prohibited use of airport revenue and violates the terms of grant assurance 25; and WHEREAS, during the first quarter of 2024 Monroe County completed construction of a non-aeronautical revenue generating facility; and WHEREAS, at the February 21, 2024 regularly scheduled Board of County Commissioners (BOCC) meeting, the BOCC approved resolution 087-2024 finding that the fair market rental rate for the non-aeronautical revenue generating facility should be $2.00 per sq. ft per year based on an appraisal performed by Slack, Johnston and Maggenheimer, a real estate, appraisal and consultant firm: and WHEREAS, resolution 087-2024 set the initial rent for the non-aeronautical revenue generating facility at $2.00 per sq. ft per year with a provision that every April I" thereafter the rent would be increased by 3% or an amount equal to the percentage increase in the CPI-U for all urban consumers for the previous calendar year; and WHEREAS, the CPI-U for 2024 is 2.9% setting the fair market rental rate for non- aeronautical property at$2.058 as of April 1, 2025; and WHEREAS,the Monroe County Facilities Maintenance Department occupies 45,163 sq. ft. of space at the Marathon Airport for non-aeronautical purposes; 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 AIP grant assurance requirements. 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 non-aeronautical use of approximately 45,163 sq. ft. located at the Florida Keys Marathon International Airport as shown on Exhibit A for use by the Monroe County Facilities Maintenance Department. For use of the premises,Monroe County shall administratively transfer $92,945.45 into the budget of the Florida Keys Marathon International Airport per year computed at $2.058 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 Monroe County Public Works. The Marathon Airport, through the Marathon Airport Business Manager, shall provide Public Works with an annual invoice. 3. Term. This directive shall remain in force until such time as the directive is rescinded by the BOCC. 4. Budgeting a) Monroe County shall be responsible for budgeting and obtaining any funds necessary for use of the premises by the Facilities Maintenance Department. b) Any capital improvements undertaken by any Department other than the Airports Department 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 25th day ofMarch2025: Mayor James K. Scholl Yes Mayor Pro Tern Michelle Lincoln Yes Commissioner Craig Cates Yes Commissioner David Rice Yes Commissioner Holly Merrill Raschein Yes „:rEAa , BOARD OF COUNTY COMMISSIONERS , ,AS- ,. snrt.:.'.A`Jq,Pj-t,l�F.>=..a.�t.:e. ��.,. .. .. .. .. .. ri``"' {TTEST�' VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA 5�,p:;;`ar rr,`;., �"t,y''y rest'- ��9: .-^ 9 y�,it ''� Ati�.� a d G1t et ��Lr-":dip e• .. j 4.sat /,,_ dr,,�x 1, �, rr.:�',T �i��41,1 r ry i�•rrr,f�t{e,rt yrt �>al ,1�1!i'l."�7•'•^y p .. .. .. C � , a 1 6 �� 1j by if �•.Y.�' Ct�r,f�•3y') 1 el p i ' 4 . , , .• ,-- ..., , .....„ ato , .,,, 0y 4 ,i,p�; An1,4 v r�tr y . : `�D uty Clerk ayor James K. 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