05/16/2006 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 19, 2006
TO:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk
FROM:
At the May 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Memorandum of Agreement No. DTFASO-06-L-00I03 between Monroe County and the
Federal Aviation Administration for navigation, communication, and weather reporting areas and
facilities at the Key West International Airport.
/Memorandum of Agreement No. DTFASO-06-L-00099 between Monroe County and the
F ederal Aviation Administration for navigation, communication, and weather reporting areas and
facilities at the Marathon Airport.
Enclosed are three duplicate originals of each of the above-mentioned, executed on behalf
of Monroe County, for your handling. Please be sure to return the fully executed "Monroe
County Clerk's Office Original" and the "Monroe County Finance Department's Original" as
soon as possible. Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance wlo documents
File/
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U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
MEMORANDUM OF AGREEMENT
Agreement Number DTFASO-06-L-00099
MARATHON AIRPORT
This agreement is made and entered into by the MARATHON AIRPORT, hereinafter referred to
as the AIRPORT, for itself, its successors and assigns, and the Federal Aviation Administration,
hereinafter referred to as the FAA.
WITNESSETH
WHEREAS, the parties listed above have entered into an Airport Improvement Grant
Agreement; and
WHEREAS, the parties listed above have entered into an agreement providing for the
construction, operation, and maintenance of FAA owned navigation, communication and
weather aids for the support of Air Traffic Operations; and
WHEREAS, the parties consider it desirable to work in cooperation with each other in the
technical installation and operation of air navigational aids; and
WHEREAS, both parties agreed the establishment, operation, and maintenance of systems for
air traffic control, navigation, communication, and weather reporting is in the primary interest of
safety and direct support of the ongoing operation of the MARATHON AIRPORT, Marathon,
Florida.
NOW, THEREFORE, the parties mutually agree as follows:
1. TERMS AND CONDITIONS IJun-041:
It is mutually understood and agreed that the AIRPORT requires FAA navigation aid facilities in
order to operate their business and that the FAA requires navigation, communication and
weather aid facilities at the MARATHON AIRPORT, in order to support Air Traffic Operations.
Thus, in the interest of both parties it is hereby agreed that the AIRPORT will allow the FAA to
construct, operate, relocate and maintain FAA owned navigation, communication and weather
aid facilities in areas on the AIR RT that have been mutually determined and agreed upon for
the term commencing on , 2006 and continuing through September 30, 2026.
The FAA may terminate this ag ement, in whole or in part at any time by giving at least (60)
days notice in writing. Said notice shall be sent by certified or registered mail.
(a) Together with a right-of-way for ingress to and egress from the premises; a right-of-
way for establishing and maintaining pole lines or under ground lines for extending electrical
power and/or telecommunications lines to the premises; including a right-of-way for subsurface
power, communication and/or water lines to the premises; all right-of-ways to be over the area
referred to as MARATHON AIRPORT to be routed as reasonably determined to be the most
convenient to the FAA and as not to interfere with Airport operations. The AIRPORT shall have
the right to review and comment on plans covering access and utility rights-of-way under this
paragraph.
Federal Aviation Administration
DTF ASO-06-L-00099
DUPLICATE ORIGiNAL
(b) And the right to grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstructions from the premises which may
constitute a hindrance to the establishment and maintenance of navigational aid systems. The
AIRPORT shall have the right to review and comment on plans covering work permitted under
this paragraph.
(c) And the rights to make alterations, attach fixtures, and erect additions, structures or
signs, in direct support of the AIRPORT. The AIRPORT shall have the right to review and
comment on plans covering work permitted under this paragraph.
(d) And the right to park, without cost, all official and privately owned vehicles used for
the maintenance and operation of the air navigational facilities. Parking shall be provided
adjacent to the navigational aid facility or as near as possible without interfering with the
operation of the Airport.
2. CONSIDERATION (AuQ- 021:
The FAA shall pay the AIRPORT no monetary consideration, it is mutually agreed that the rights
extended to the FAA herein are in consideration of the obligations assumed by the FAA in its
establishment, operation, and maintenance of navigational aid facilities upon the premises.
3. PURPOSE (Apr-051:
It is understood and agreed that the use of the herein described premises, known as the
MARATHON AIRPORT, shall be related to the FAA's activities in support of Air Traffic
operations.
4. FAA FACILITIES (Apr-051
The FAA facilities covered by this agreement are identified on the most current approved Airport
Layout Plan (ALP) and/or other pertinent drawings that is made part of this agreement by
reference and shown on the attached FAA "List of Facilities".
5. TITLE TO IMPROVEMENTS (Apr-051:
Title to the improvements constructed for use by the FAA during the life of this agreement shall
be in the name of the FAA.
6. HAZARDOUS SUBSTANCE CONTAMINATION (May-OOl:
The FAA agrees to remediate, at its sole cost, all hazardous substance contamination on the
FAA facility premises that is found to have occurred as a direct result of the installation,
operation, relocation and/or maintenance of the FAA's facilities covered by this agreement. The
AIRPORT agrees to remediate or have remediated at its sole cost, any and all other hazardous
substance contamination found on the FAA facility premises. The AIRPORT also agrees to
save and hold the U.S. Government harmless for any and all costs, liabilities and/or claims by
third parties that arise out of hazardous contamination found on the FAA facility premises that
are not directly attributable to the installation, operation and/or maintenance of the facilities on
the attached FAA "List of Facilities."
Federal Aviation Administration
DTF ASO-06-L-00099
DUPLICATE Ok,uli~AL
2
7. INTERFERENCE WITH FAA OPERATIONS IOct-96):
The AIRPORT agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature within the AIRPORT'S boundaries that may interfere with the proper
operation of the navigational aid facilities installed by the FAA, as it is not in the best interest of
the AIRPORT or the FAA.
8. FUNDING RESPONSIBILITY FOR FAA FACILITIES IOct-96):
The AIRPORT agrees that any relocation, replacement, or modification of any existing or future
FAA navigational aid systems made necessary by AIRPORT improvements or changes, which
interferes with the technical and/or operational characteristics of the facility, will be at the
expense of the AIRPORT, with the exception of any such improvements or changes which are
made at the request of the FAA. In the event such relocations, replacements, or modifications
are necessary due to causes not attributable to either the AIRPORT or the FAA, funding
responsibility shall be determined by mutual agreement between the parties.
9. ANTI-KICKBACK IOCT-96):
The Anti-Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits any person from (1)
Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting,
or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any
kickback in the contract price charged by a prime Contractor to the United States Government
or in the contract price charged by a subcontractor to a prime contractor or higher tier
subcontractor.
10. COVENANT AGAINST CONTINGENT FEES IAUG-02):
The Lessor warrants that no person or agency has been employed or retained to solicit or
obtain this contract upon an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this warranty, the Government shall have
the right to annul this contract without liability or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of the contingent fee.
11. OFFICIALS NOT TO BENEFIT IOCT-96):
No member of or delegate to Congress, or resident commissioner, shall be admitted to any
share or part of this contract, or to any benefit arising from it. However, this clause does not
apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit.
12. NON-RESTORATION IOct-96):
It is hereby agreed between the parties, that upon termination of its occupancy, the FAA shall
have no obligation to restore and/or rehabilitate, either wholly or partially, the property which is
the subject matter of this agreement. It is further agreed that the FAA may abandon in place any
or all of the structures and equipment installed in or located upon said property by the FAA
during its tenure. Such abandoned equipment shall become the property of the AIRPORT.
13. NOTICES IOct-96):
All notices/correspondence shall be in writing, reference the Agreement number, and be
addressed as follows:
Federal Aviation Administration
DTF ASO-06-L-00099
DUPLICATE ORIGiNAL
3
TO AIRPORT:
Marathon Airport
9400 Overseas Highway
Marathon, Florida 33050
TO FAA:
Federal Aviation Administration, Southern Region
Alln: Real Estate Branch, ASO-56
1701 Columbia Avenue
College Park, GA 30337
14. Previous Lease(s}/AQreement(s}
This agreement supersedes and hereby terminates the following Land Leases/Licenses as of
the effective date of this agreement:
ASOS
RCO/H
REILlRwy.7
15. CONCURRENCES:
DTF ASO-OO-L -20250
DTFASO-10204
DTFASO-91-L-11867
The AIRPORT and the FAA hereby agree to the provisions outlined in this agreement as
indicated by the signatures herein below of their duly authorized representative (s). This
agreement is effective upon the date of signature by the last party thereof.
By
(sig
May 16. 2006
(date)
UNITED STATES OF AMERICA.
FEDERAL AVIATION ADMINISTRATIO
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Federal Aviation Administration
DTF ASO-06-L-00099
DUPLICATE ORIGINAL
4
List of Facilities
MEMORANDUM OF AGREEMENT
#DTF ASO-06-L -00099
MARATHON AIRPORT
RfW GSA
Facilitv Number Control Comments
Number Number
1 ASOS Previous Lease No. DTFASO-00-L-20250
2 RCO/H Previous Lease No. DOTFAQSO-10204
3 REIL 7 Previous Lease No. DTFASO-91-L-11887
Federal Aviation Administration
DTF ASO-06-L-00099
DUPUCATE ORIGINAL
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