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Home My WebLink About2016-143Lease No. DTFAEN- I 6-L-00087 VRB, NRCS Vero Beach (Wabasso), FL ANTENNA AND RACK SPACE LEASE Between THE UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION And INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Lease No. DTFAEN-I6-L-00087 VRB,NRCS Wabasso, FL This lease is entered into by and between Indian River County Board of County Commissioners whose address is 1801 27th Street, Vero Beach, FL 32960-3365 and interest in the property hereinafter described is Owner hereby referred to as Lessor, and the United States of America, hereinafter referred to as the Government or the FAA. WITNESSETH: The parties hereto, and for the consideration hereinafter mentioned, covenant and agree as follows: DESCRIPTION (10/96) - The Lessor hereby leases to the Government the following described premises 6350/6390 77th Street, Kiwanis-Hobart Park, Wabasso, FL, Latitude2T 44m 10s N Longitude 80' 27m 26s W, at a height of 400 feet above ground level, which shall be related to the FAA's activities in support of Air Traffic operations. ANTENNA AND RACK SPACE LEASE January 2016 OMB Control No. 2120-0595 Pg. 1 Lease No. DTFAEN- I 6-L-00087 VRB, NRCS Vero Beach (Wabasso), FL 1. TERM (8/02) - To have and to hold, for the term commencing on October 1, 2016 and continuing through September 30, 2026 inclusive, provided that adequate appropriations are available from year to year for the payment of rentals. 2. CANCELLATION (8/02) - The Government may terminate this lease at any time, in whole or in part, if the Real Estate Contracting Officer (RECO) determines that a termination is in the best interest of the Government. The RECO shall terminate by delivering to the Lessor a written notice specifying the effective date of the termination. The termination notice shall be delivered by certified mail return receipt requested and mailed at least 30 days before the effective termination date. 3. CONSIDERATION (COST) (8/02) - The Government shall pay the Lessor rental for the premises in the amount of $2400.00 per year during the lease period. Payments shall be made in arrears at the end of each Government fiscal year without the submission of invoices or vouchers. The payments shall be directly deposited in accordance with the Electronic Funds Transfer (EFT) Payment clause in this lease. Payments shall be considered paid on the day an electronic funds transfer is made. 4. HOLDOVER (7/14) — If after the expiration of the lease, the Government shall retain possession of the premises, the lease shall continue in force and effect on a month-to- month basis. Rent shall be paid in accordance with the terms of the lease, in arrears on a prorated basis, at the rate paid during the lease term. This period shall continue until the Government shall have signed a new lease with the Lessor, acquired the property in fee, or vacated the leased premises... RESTORATION (4/10) The Government shall surrender possession of the premises upon the date of expiration or termination of this lease. If the Lessor provides written notice, prior to the date of expiration or termination, requesting restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as may be mutually agreed upon, either: (a) Restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1(a), 1(b) and 1(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or, (b) Make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichever is less. Should a mutually acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement hereto effecting such agreement or, ANTENNA AND RACK SPACE LEASE January 2016 OMB Control No. 2120-0595 Pg. 2 Lease No. DTFAEN-l6-L-00087 VRB, NRCS Vero Beach (Wabasso), FL (c) The FAA may also elect to offer abandonment of installed real property improvements in lieu of restoration or some combination of abandonment and restoration as determined by mutual agreement with the owner, so long as it is determined by the RECO to be in the best interests of the Government. (d) In the event that the Government has to pay for restoration, such payments will not entail expenditures which exceed appropriations available at the time of the restoration in violation of the Anti -Deficiency Act. (e) Nothing in the contract may be considered as implying that congress will, at a later date, appropriate funds sufficient to meet the deficiencies. 6. SERVICES AND UTILITIES (To be provided by Lessor as part of rent.) (10/08) Services supplied to technical equipment will be supplied 24 hours a day, and seven days a week. The Government will have access to the leased premises at all times, including the use of electrical services without additional payment. 7. DAMAGE BY FIRE OR OTHER CASUALTY (10/96) - If the building or structure is partially or totally destroyed or damaged by fire or other casualty or if environmentally hazardous conditions are found to exist so that the leased premises is untenantable as determined by the Government, the Government may terminate the lease, in whole or in part, immediately by giving written notice to the Lessor and no further rental will be due. 8. MAINTENANCE OF THE PREMISES (01/16) -The Lessor will maintain the demised premises, including the grounds, all equipment, fixtures and appurtenances furnished by the Lessor under this lease, in good repair. The Lessor shall ensure that all hazards associated with electrical equipment are marked in accordance with OSHA and National Fire Protection Association (NFPA) 70 electrical code. 9. FAILURE IN PERFORMANCE (10/96) -In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any costs incurred for the service or item, including administrative costs, from the rental payments. No deduction of rent pursuant to this clause will constitute default by the Government on this lease. 10. CONTRACT DISPUTES (11/03) - All contract disputes and arising under or related to this lease contract will be resolved through the Federal Aviation Administration (FAA) dispute resolution system at the Office of Dispute Resolution for Acquisition (ODRA) and will be governed by the procedures set forth in 14 C.F.R. Parts 14 and 17, which are hereby incorporated by reference. Judicial review, where available, will be in accordance with 49 U.S.C. 46110 and will apply only to final agency decisions. A Lessor may seek review of a final FAA decision only after its administrative remedies have been exhausted. ANTENNA AND RACK SPACE LEASE January 2016 OMB Control No. 2120-0595 Pg. 3 Lease No. DTFAEN-I6-L-00087 VRB, NRCS Vero Beach (Wabasso), FL All Contract Disputes will be in writing and will be filed at the following address: Office of Dispute Resolution for Acquisition, AGC -70 Federal Aviation Administration 800 Independence Avenue, SW, Room 323 Washington, DC 20591 Telephone: (202) 267-3290 Facsimile: (202) 267-3720 A contract dispute against the FAA will be filed with the ODRA within two (2) years of the accrual of the lease contract claim involved. A contract dispute is considered to be filed on the date it is received by the ODRA. The full text of the Contract Disputes clause is incorporated by reference. Upon request the full text will be provided by the RECO. 11. INTERFERENCE (10/08) - Should there be interference with the Lessor's facility due to the FAA operations, FAA shall correct the problem immediately. If the Lessor's facility interferes with FAA's equipment then the Lessor will correct the problem immediately. 12. HOLD HARMLESS (10/96) - In accordance with and subject to the conditions, limitations and exceptions set forth in the Federal Tort Claims Act of 1948, as amended (28 USC 2671. et. seq.), hereafter termed "the Act" the Government will be liable to persons damaged by any personal injury, death or injury to or loss of property, which is caused by a negligent or wrongful act or omission of an employee of the Government while acting within the scope of his office or employment under circumstances where private person would be liable in accordance with the law of the place where the act or omission occurred. The foregoing shall not be deemed to extend the Government's liability beyond that existing under the Act at the time of such act or omission or to preclude the Government from using any defense available in law or equity. 13. CLAUSES INCORPORATED BY REFERENCE: The clauses identified below are incorporated by reference. The full text of these clauses can be found via the Internet at http://fast.faa.gov. A. ANTI -KICKBACK (7/14) B. ASSIGNMENT OF CLAIMS (10/96) C. CERTIFICATION OF REGISTRATION IN SAM - REAL PROPERTY (1/13) D. COMPLIANCE WITH APPLICABLE LAWS (10/96) E. CONTRACTOR IDENTIFICATION NUMBER -"DATA UNIVERSAL NUMBERING SYSTEM" (DUNS) NUMBER (1/13) F. COVENANT AGAINST CONTINGENT FEES (8/02) G. DEFAULT BY LESSOR (10/96) ANTENNA AND RACK SPACE LEASE January 2016 OMB Control No. 2120-0595 Pg. 4 Lease No. DTFAEN- I 6-L-00087 VRB, NRCS Vero Beach (Wabasso), FL H. EXAMINATION OF RECORDS (8/02) I. INSPECTION (10/96) J. LESSOR'S SUCCESSORS (10/96) K. NO WAIVER (10/96) L. OFFICIALS NOT TO BENEFIT (10/96) M. PAYMENT BY ELECTRONIC FUND TRANSFER (1/13) N. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT (7/14) O. SYSTEM FOR AWARD MANAGEMENT -REAL PROPERTY (1/13) 14. NOTICES: All notices/correspondence shall be in writing, reference the lease number, and be addressed as follows: TO THE LESSOR: Indian River County Board of County Commissioners 1801 27`h Street Vero Beach, FL 32960 TO THE GOVERNMENT: Federal Aviation Administration Real Estate & Utilities Group, ALO -620 1701 Columbia Avenue College Park, GA 30337 IN WITNESS WHEREOF, the parties hereto have signed their names. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY Signature Bob Solari UNITED STATES OF AMERICA BY Signature ANTENNA AND RACK SPACE LEASE January 2016 OMB Control No. 2120-0595 Chairman Title Real Estate Contracting Officer Title Sept. 20, 2016 Date Date APPROVED AS TO FORM AND LEGAL S FF Y 7 BY WILLIAM K. OEBRAAL DEPUTY COUNTY ATTORNEY Pg. 5 CERTIFICATE OF AUTHORIZATION If agreement is made with a State, County, Municipality, or other public authority, the following certificate shall be executed by an authorized official: I, Leona Allen, certify that I am the Deputy Clerk to the Indian River County Board of County Commissioners named in the foregoing agreement; and that Bob Solari, who signed said agreement on behalf of the Indian River County Board of County Commissioners, was then Chairman of said Indian River County Board of County Commissioners. That said agreement was duly signed for and on behalf of the Indian River County Board of County Commissioners by authority of its governing body, and is within the scope of its powers. .�y..pA..... ATTEST: Jeffrey R. Smith, Clerk of the Court and Comptroller •:yo• o;' ',9y . 1• Oft (CORM :F SEAL) - Leona Allen, Deputy Clerk