Resolution 104-1977
--
RESOLUTION NO. 104 -1977
A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRJfAN OF
THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, TO EXECUTE A LEASE BY fu~D BETWEEN THE BOARD
OF COUNTY COMMISSIONERS AND UNITED STATES OF AMERIC~
DEPARTMENT OF COMMERCE, NOAA, NATIONAL WEATHER SER-
VICE FOR OFFICE SPACE AT THE KEY WEST INTERNATIONAL
AIRPORT, KEY WEST, MONROE COUNTY, FLORIDA.
BE IT RESOLVED BY THE BOARD OF COm~TY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman be authorized to execute a
Lease by and between the Board of County Commissioners and the
United States of America, Department of Commerce, NOAA, National
Weather Service, copy of same being attached hereto, for office
space at the Key West International Airport, Key West, Monroe
County, Florida.
Passed and adopted by the Board of County Commissioners
of Monroe County, Florida, at a regular meeting held on the 7th
day of June, 1977.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
By
Z / y (/ ,:./ .
/ "-Z'I./ . LL~-<----
~yor and Chai rman
Attest :'-----)
/ _____/ ""';~7
I, --1 a(t(~ f~ ,j'l;:t:/-L?"'
',,/ er
(Seal)
I HEREBY CERTIFY that this document
h;:,,, been reviewed for legal suffi-
C;<.~oiCY and that the same meets with
in} approval.
By
County Attorney's Office
BOOK
APPROVED ON
P
\0,-')"'11
PAGE---19-3
.....
.
...."
S"fANDARD FORM 2-8
FEBRUARY 1965 EDITION
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFRI 1-16.601
LEA '; E
u.s. Government
Lease for Real Property (Short Form)
DATE
I NO
t
July 1, 1977
The LESSOR leases to lhe UNITED STATES OF AMERICA. hereinaf(u ,aIled lhe GO\'I'l{[\.'J\IU\iT, Ihe dnuihed prl'flli,,'s on
lhe lerms slaled herein, including lhe conditions on lhe reverse hereof.
I. LOCATION OF LEASED PREMISES Key West Internat ional Airport
Key West, FlQrid_a______. .u_~_~_. .__._____ ._~_H
Z.DESCRIPTIONOFLEASEDPREMISESApproximately 912 net usable square feet of space, consisting of one
unnumbered office room (approximately 567 square feet) partitioned into three portions
on the second floor, one unnumbered storage room (approximately 273 square feet) on th
second floor, and one unnumbered storage room (approximately 72 square feet) on the
first floor of the Administration Building; and roof and/or ground space as may be
~~l~~:~~y T:~::e~d ~: h~l~~ parties heret~-.--io.;LinsW_la-tJQJL9LJJls!:rumental_e(~~~ii~te~5tll.
For lhe term beginning .----h.--___UUh}~:1Y..J.L~~??hh._h_.h__h__._ through ___S_e:P.~~~~~.r_3.~, 19770.___________.
From year to year lhereafrer, bUI not beyond u.-hh.uuhh_____h___Sept.embe:I:__JO.,__;lQ1S__.__._____ ____0.__ Ihis lease
may, at the option of the Government, be renewed from year to year at a rental of One
Dollar ($1.00) per annum and otherwise upon the terms and conditions herein specified,
provided notice be given in writing to the Lessor at least thirty (30) days before
thi s 1 ~ase or any renewal-.-ther.e.oL..w.CIDld__Qt_hex_wise__expire._ _________
4. TERMINATION. The Government may terminale lhis lease at an\' time by giving at leasl .t_h;i:r_ty__J:3Q} days' wrillen notice
to the Lessor. Said nOlice shall be compuled commencillg_~il~_!~e Jay afrel".lhe JaleoLmailing_. _
5. RENTAL. The Government shall pay the Lessor annual rent of s__t._O_O___ al the rail' of $_.1..0.0 ._______0._
. per ------.annUtll.----------h.h.' in arrears. Rent for a lesser period shall be prnrated. Rent checks shall be made payable to:
Board of County Commissioners, Key West, Monroe County, Florida, Payment is contingen
upon the passage of an appropriation by the Congress from which expenditures thereunde
may be made, and shall not obligated the United States upon failure of Congress to so
,qppropr;,qrp u .._~_._.____._u___.______~.____.._
6_ SERVICES AND UTILITIES (Enttr "X" in box lor tach i/em 10 ht {Jrn,'idcd by LC5lOr a5 {Jart nllea,,)
o (1) HEAT 0 (5) CHILLED DRINKING WATFR
o (Z) ELECTRICITY
o (3) POWER (SPecial tquipmtnt)
o (4) WATER (Hot and cold)
o (13) OTHER (SPtcily)
7. SPECIAL OR OTHER PROVISION(S) AGREED UPON
19) TOILET SUPPLIES
6 ~:: C1i:CETE
o (8) WINDOW WASHING (Quarter/,)
[J 110) JANITOR SEllVICE MW SUPPLIES
[J (11) '~~~~~~g~~~ ,;~I:LEA5CEM[NTS
[] (12) MECHANICAL VENTILATION
(FreqllenC) )
2. (cont'd) cable connections; all space located at the Key West International Airport
Key West, Florida, which space shall be readily and conveniently accessible at all
times.
Prior to signature by either party hereto Paragraph 6 was deleted; also deleted were
Paragraph 4 and the words "heirs, executors, administrators" in paragraph 7 of the
General Provisions.
(SEE "EXHIBIT A" ATTACHED HERETO.)
LESSOR
BOARD OF COUNTY COMMISSIONERS
-,
i
BY _nn_nn_____n__nn _
UNITEDSTATESOFAM[RICA , Dept. of Commerce,
NOAA, National Weather Service
BY 00 __nnn__nn_n___n_nn __n__n__ __ n__ __ __ __ _ __
(Signature)
(Ofjicild tllle)
2-301
(See General Provisions on reverse)
,
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GENERAL PROVISIONS
I. MAINTENANCE OF PREMISES
The Lessor shall maintain the premises and property furnished
under this lease in good repair and tenantable condition during
the continuance of this le.lse, except in case of damage arising from
the act or the negligence of the Government's agents or employees.
For the purpose of so maintaining said premises and property, the
Lessor may, at reasonable times approved by the Government,
enter and inspect the same and make any necessary repairs thereto.
2. DAMAGE BY FIRE OR OTHER CASUALTY
If the said premises be destroyed by fire or other casualty this
lease shall immediately terminatc'. In case of partial destruction
or damage, so as to render the premises untenantable, as deter.
mined by the Government, the Government may terminate the
lease by giving wrillen notice to the Lessor within fifteen (15)
days thereafter; if so terminated no rent shall accrue to the Lessor
after such panial destruction or damage; and if not so terminated
the rent shall be reduced proportionately by supplemental agree-
ment hereto effective from the date of such partial destruction or
damage.
3. AL TERA TIONS
The Government may make alterations, allach fixtures or signs
and erect structures in or upon the leased premises, all of which
shall be the property of the Government.
.,~:<~f;f'J;;:J
. ,'\,";!i:.t-J
4. CONDITION REPORT
A joint PhvsicaIMv~,~;::. ~eport of the demised
premises shall be ~ lIeff ti date of this lease, re-
flecting the then present con Il10n, an WI e signed on behaIf of
the panies hereto.
5. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress, or Resident Commis-
sioner shall be admilled to any share or part of this lease contract,
or to any benefit that may arise therefrom; but this provision
shall not be construed to extend to this lease contract if made with
a corporation for its general benefit.
6. APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to com-
ply with all codes and ordinances applicable to the ownership and
operation of the building in which the leased space is situated
and, at his own expense, to obtain all necessary permits and related
items.
7. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein
shall bind the Lessor, and the Lessor's heir], eXUl1tOB, Adm;,,;,
H'aMrs, successors, and assigns.
8. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or selling agency has been
employed or retained to solicit or secure this lease upon an agree-
ment or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the
Lessor for the purpose of securing business. For breach or viola-
tion of this warranty the Government shall have the right to
annul this lease without liability or in its discretion to deduct
from the rental price or consideration, or otherwise recover, the
full amount of such commission, percentage, brokerage or con-
tingent fee. (Licensed real estate agents or brokers having list-
ings on property for rent, in accordance with general business
practice, and who have not obtained such licenses for the sole pur-
pose of effecting this lease, may be considered as bona lide em-
ployees or agencies within the exception mntained in this clause.)
;v. ,~,,~~; ~~~:
"0 FORM 2-8
- ,965 EDITION
9. FACILITIES NONDISCRIMINATION
(a) As used in this seciion, the term "facility" means Stores,
shops, restaurants, cafeterias, restrooms, and any other facility of
a public nature in the building in which the space covered by
this lease is located.
(b) The Lessor agrees that he will not discriminate by segre-
gation or otherwise against any person or persons because of
race, creed, color, or national origin in furnishing, or by refusing
to furnish, (0 such person or persons the use of any facility, includ-
ing any and all services, privileges, accommodations, and activi-
ties provided thereby. Nothing herein shall require the furnishing
to the general public of the use of an}' facility customarily fur-
nished bv the Lessor solely to tenants, their employees, customers,
patients, clients, guests and invitees.
(c) It is agreed that the Lessor's noncomplIance with the provi.
sions of this section shall constitute a material breach of this
lease. In the event of such noncompliance, the Government may
take appropriate action (0 enforce compliance, may terminate
this lease, or may pursue such other remedies as may be provided
by law. In the event of termination, the Lessor shall be liable for
all excess costs of the Government in acquiring substitute space,
including but not limited to the cost of moving to such space.
Substitute space shall be obtained in as close proximity to the
Lessor's building as is feasible and moving COSts will be limited
to the actual expenses thereof as incurred,
(d) It is further agreed that from and after the date hereof
the Lessor will, at such time' as any agreement is to be entered
into or a concession is to be permitted to operate, include or require
the inclusion of the foregoing provisions of this section in every
such agreement or concession pursuant to which any person other
than the Lessor operates or has the right to operate any facili~.
Nothing herein contained, however, shall be deemed to require
the Lessor to include or require the inclusion of the foregoing
provisions of this section in any existing agreement or concession
arran;;ement or one in which the contracting party other than
the Lessor has the unilateral right to renew or extend the
agreement or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew or
extend. The I.essor also agrees that it will take any and all lawful
actions as expeditiously as possible, with respect to any such
agreement as the contracting agency may direct, as a means of
enforcing the intent of this section, including, but not limited to,
termination of the agreement or concession and institution of court
action.
10, EXAMINATION OF RECORDS
(NOTE: This provision is applicable if this lease was negotiated
without advertising.)
a. The Lessor agrees that the Comptroller General of the United
States or any -of his duly authorized representatives shall, until the
expiration of 3 years after tinal payment under this lease, have
access to and the right to examine any directly pertinent books,
documents, papers, and records of the lessor involving transac-
tions related to this lease.
b. The I.essor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor agrees
that the Comptroller General of the United States or his repre.
sentatives shall, until the expiration of 3 years after tinaI payment
under this lease with the Government, have access to and the right
to examine any directly pertinent books, documents, papers, and
records of such subcontractor involving transactions related to the
subcontract.
11. INSTRUCTIONS
Whenever the lease is executed by an attorney, agent, or other
person, or corporation on behalf of the Lessor, the name of the
Lessor shall appear above the signature of the person signing.
I', S. (;(/\"11;.'\\11'.'\," J'Hr:\TI.'\(; ()/'TW) . 1"";4 () _ ~1:)4.rl'lfl
"EXHIBIT A"
LEASE FOR THE NATIONAL i~ATHER SERVICE OFFICE
It is further agreed by the parties that if during any
term herein new facilities for the Heather Service at the Key hTest
International Airport, Key West, Florida, are constructed, that
Lessee will immediately vacate the premises herein leased and this
lease shall become null and void.
I HEREBY CERTIFY thot 1h ::, :'. "I~' , ,
hilS been reviewed for "-:',>,1 ';"'" . ,
ciency and that the s<JmE> "I.]"'.',.~ .
\...- \....\ - - v..;, 1)
my approval. .
, .
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By .":::,: 1i-/"'-..!_:lL.",c /.
County Attorney's CJIfI:..;-------
.--
.,~.~..._...- C'..:...l:A-.....,
......,
,.
STANDARD FORM 2-8
FEBRUARY 1%5 ~DITION
GENERAL SERVICES
ADMINISTRATION
FPR (41 CFR) 1-16601
LEA r; E
u.s. Government
Lease for Real Property (Short Form)
DATE
I N06-7-~2l-6ll99
July 1, 1977
The LESSOR leases to the UNITED STATES OF AMERICA. hereinafler call eo the (;()"E1{;\i;\II'NT. the de\lfihed plcllli,cs on
the terms stated herein, including the conditions on the reverse hereof.
t. LOCATION OF LEASED PREMISES Key West Internat ional Airport
Key West, Florida _ u_~~~___ ..____ ___
Z.DESCRIPTIONOFLEASEDPREMISESApproximately 912 net usable square feet of space, consisting of one
unnumbered office room (approximately 567 square feet) partitioned into three portions
on the second floor, one unnumbered storage room (approximately 273 square feet) on th
second floor, and one unnumbered storage room (approximately 72 square feet) on the
first floor of the Administration Building; and roof and/or ground space as may be
mutually agreed by the patties heretQ__LQI_instllUatiQnoJ_instrumental equipment with
3. TERM. To have and to hold: (cont inued)
For the term beginning .__.m_______...___;J:~},y__J7.__~~ .7.7___._____..__.__._... through __.S_ep~~m~er__3.~, .1977 __. __.__. .
From year to year thereafter, but not beyond h.h.h.__.___..________.h.__S.ept.e.mber...3.0..__.l,97S____._...__ this le,lse
may, at the option of the Government, be renewed from year to year at a rental of One
Dollar ($1.00) per annum and otherwise upon the terms and conditions herein specified,
provided notice be given in writing to the Lessor at least thirty (30) days before
1"hi s 1 e.ase or ;my re.ne.waL...t:hereof wQ.Uld__othex.wiEie..expire.
4. TERMINATION. The Government may terminate this lease at an\' time hy gi\'ing at least .th:i-r.ty J;3Q) dan' written nntice
to the Lessor. Said notice shall be compute<l..~~r:n..c:.~il1g_~ill~..r~e day after the_dare of mailing.
S. RENTAL. The Government shall pay the Lessor annual rent of S..1....()Oo.__' at the rale of 5..1...00...__0.____
. per -m...annum-.mm....____, in arrears. Rent for a lesser period shall he prorated. Rent checks shall be made payable to:
Board of County Commissioners, Key West, Monroe County, Florida; Payment is contingen
upon the passage of an appropriation by the Congress from which expenditures thereunde
may be made, and shall not obligated the United States upon failure of Congress to so
rtpprnpri rt 1" p. ___.________.________.__ _~.~____.___~___.
6. SERVICES AND UTILITIES (EnJer HX" in box/or each item to be pf"f}f1ided hy Lessor aj pari nj leau)
o (I) HEAT 0 (5) CHILLED DRINKING WATEfl
o (Z) ELECTRICITY
o (3) POWER (SPecial equipment)
o (4) WATER (Hot and cold)
o (13) OTHER (Specify)
7. SPECIAL OR OTHER PROVISION(S) AGREED UPON
(9) TOILET SUPPLIES
6 ~:; D1i:CET E
o (8) WINDOW WASHING (Quarterly)
o (10) JANITOR SERVICE AND SUPPLIES
i.J (II) I:,~~~~;~;~~~ ;:':L~SCEMENTS
o (12) MECHANICAL VENTILATION
. (i:r-e-(;'~;'~~.~) -
2. (cont'd) cable connections; all space located at the Key West International Airport
Key West, Florida, which space shall be readily and conveniently accessible at all
times.
Prior to signature by either party hereto Paragraph 6 was deleted; also deleted were
Paragraph 4 and the words "heirs, executors, administrators" in paragraph 7 of the
General Provisions.
(SEE "EXHIBIT A" ATTACHED HERETO.)
LESSO R
BOARD OF COUNTY COMMISSIONERS
Atte
-"Va ~ /
-V.._m____....~'o.m- ..
(Signa/lire)
BY Un'_
ContractiDg Officer
ley - - -. n -.. - - - - n. -. --- -. - - -. -; ;;ij; ;;,;; ;i;/~-; - - - - - - -. - - - - - - - - - - - - _.. - - - - -...-
(Set General Provisions on reverse)
2-301
"'-...
I
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?;I~.:',
GENERAL PROVISIONS
-
1. MAINTENANCE OF PREMISES
The Lessor shall maintain the premises and property furnished
under Ihis lease in good repair and tenantable condition during
lhe wnrinuance of this le,lse, except in case of damage arising from
lhe an or lhe negligence of the Government's agents or employees.
For the purpose of so maintaining said premises and property, the
Lessor mal', at reasonable times approved by the Government,
enter and inspect lhe same and make any necessarr repairs thereto.
2. DAMAGE BY FIRE OR OTHER CASUALTY
lf lhe said premises be destrored br fire or other casualty this
lease shall immedialelr terminate. In case of partial deslruclion
or damage, so as to render the premises untenanlable, as deter.
mined by lhe Government, the Government may terminate the
lease br giving wrillen notice 10 the Lessor within fifteen (15)
days thereafter; if so terminated no rent shall accrue 10 the Lessor
after such partial destruction or damage; and if not so terminated
the rent shall be reduced proportionately by supplemental agree-
ment hereto effective from the date of such partial destruclion or
damage.
3. AL TERA TrONS
The Government may make alterations, attach fixtures or signs
and erect structures in or upon the leased premises, all of which
shall be the property of the Government.
,,"'''-;j
::{ ,'.~:t{l
4. CONDITION REPORT
A joint Phvsical~v~,~~. ~port of the demised
premises shall be ~ tlf:;ff ti date of this lease, re-
Aecting rhe then present con ![Jon, an WI e signed on behalf of
the parties hereto.
-
5. OFFICIALS NOT TO BENEFIT
No Member of or Delegate to Congress, or Resident Commis-
sioner shall be admitted to any share or part of tbis lease contract,
or to any benefit that may arise thercfmm; but this provision
shall not be construed to extend to this lease COntract if made with
a corporation for its general benefit.
6. APPLICABLE CODES AND ORDINANCES
The Lessor, as part of the rental consideration, agrees to com-
ply with all codes and ordinances applicable to the ownership and
operation of the building in which the leased space is situated
and, at his own expense, to obtain all necessary permits and related
items.
7. LESSOR'S SUCCESSORS
The terms and provisions of this lease and the conditions herein
shall bind the Lessor, and the Lessor's heiH, CXU~tud, Adnlil,;.
tNttors, successors, and assigns.
8. COVENANT AGAINST CONTINGENT FEES
The Lessor warrants that no person or selling agency has been
employed or retained to solicil or secure this lease upon an agree.
ment or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the
Lessor for the purpose of securing business. For breach or viola-
tion of this warranty the Government shall have the right to
annul this lease without liability or in its discretion to deduct
from the rental price or consideration, or otherwise recover, the
full amount of such commission, perceiHage, brokerage or con-
tingent fee. (Licensed real estate agents or brokers having list-
ings on property for rent, in accordance with general business
practice. and who have not obtained such licenses for the sole pur-
pose of effening this lease, may be considered as bona fide em-
ployees or agencies within the exception contained in this clause.)
;..~ ~::f~!
"0 FORM 2-8
~ .96S EDITION
9. FACILITIES NONDISCRIMINATION
(a) As used in this section, the term "facility" means stores,
shops, restaurants, cafeterias, restrooms, and any other facility of
a public nature in the building in which the space covered by
this lease is located.
(b) The Lessor agrees that he will not discriminate by segre-
gation or otherwise against any person or persons because of
race, creed, color, or national origin in furnishing, or by refusing
10 furnish, to such person or persons the use of any facility, includ-
ing any and all services, privileges, accommodations, and activi-
ties provided thereby. Nothing herein shall require the furnishing
10 the general public of the use of any facility cuslOmarily fur-
nished bv the Lessor soleII' to tenants, their employees, CUSlOmers,
patients, clients, guests and invitees.
(c) It is agreed that the Lessor's noncompl1ance with the provi-
sions of this s'ection shall constitute a material breach of this
lease. In the event of such noncompliance, the Government may
take appropriate action to enforce compliance, may terminate
this lease, or may pursue such other remedies as may be provided
by law. In the event of termination, the Lessor shall be liable for
all excess costs of the Government in acquiring substitute space,
including but not limited to the cost of moving to such space.
Substitute space shall be obtained in as close proximity to the
Lessor's building as is feasible and moving costs will be limited
to the anual expenses thereof as incurred.
(d) It is further agreed that from and after the date hereof
the Lessor will, at such time' as any agreement is to be entered
into or a concession is to be permitted to operate, include or require
the inclusion of the foregoing provisions of this section in every
such agreement or concession pursuant to which any person other
than the Lessor operates or has the right to operate any facilir.y.
Nothing herein conrained, however, shall be deemed 10 require
the Lessor to include or require the inclusion of the foregoing
provisions of this section in any existing agreement or concession
arran;;ement or one in which the contracting party other than
the Lessor has the unilateral right to renew or extend the
agreement or arrangement, until the expiration of the existing
agreement or arrangement and the unilateral right to renew or
extend. The Lessor also agrees that it will take any and alllawftil
actions as expeditiously as possible, with respect to any sucb
agreement as the contracting agency may direct, as a means of
enforcing the intent of this section, including, but not limited to,
termination of the agreement or concession and institulion of court
action.
10. EXAMINATION OF RECORDS
(NOTE: This provision is applicable if this lease was negotiated
without advertising.)
n. The Lessor agrees that the Comptroller General of the United
States or any 1:If his duly authorized representatives shall, until the
expiration of 3 years after tinal payment under this lease, have
access to and the right to examine any directly pertinent books,
documents, papers, and records of the Lessor involving transac-
tions related to this lease.
b. The Lessor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor agrees
that the Comptroller General of the United States or his repre-
sentatives shall, until the expiration of 3 years after final payme~t
under this lease with the Government, have access to and the right
10 examine any directly pertinent books, documents, papers, and
records of such subcontractor involving transactions related to the
subcontract.
11. INSTRUCTIONS
Whenever the lease is executed by an attorney, agent, or other
person, or corporation on behalf of the Lessor, the name of the
Lessor shall appear above the signature of the person signin~.
1', S. CI)\'J:H:\.\IIYI I'Hf.'\"1L'\(; OFFICI
. t'l, ,I () - :J;,4-f)'IO
"EXHIBIT A"
LEASE FOR THE NATIONAL i{EATHER SERVICE OFFICE
It is further agreed by the parties that if during any
term herein new facilities for the Heather Service at the Key ~<Jest
International Airport, Key West, Florida, are constructed, that
Lessee will immediately vacate the premises herein leased and this
lease shall become null and void.
I HEREBY CERTIFY tll2t 1 hi:, I" ",_
has been reviewed for h" ;. .,
~. ,'. -, . _~1 '. I
ciency and that the same m(;(\c~ \\';;1
my approval. ,
.. ,
/ I "/ /1 ,~?
B ,~ //, / '
Y . ,:..~: / -i . /.. '." / ~lL_~"!1 _______
County Attorney's Cffl::'~