07th Amendment 02/21/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2007
TO:
Reggie Paros, Director
Housing & Community Development
Florida Keys Marathon Airport Manager
FROM:
Stacy DeVane, Executive Assistant
Pamela G. Hanco~
Deputy Clerk
ATTN:
At the February 21,2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Third Amendment to Lease Agreement between Monroe County and Tony D'Aiuto d/b/a
Antique Aircraft Restorations regarding funding responsibility to construct the east General
Aviation apron at the Florida Keys Marathon Airport.
.ISeventh Amendment to Marathon Fixed Base Operator (FBO) Agreement between
Monroe County and Grantair Service, Inc. regarding funding responsibility to rehabilitate the west
General Aviation apron at the Florida Keys Marathon Airport.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finanye
File.1
SEVENTH AMENDMENT TO MARATHON FIXED BASE OPERATOR (FBO)
AGREEMENT
WITH GRANT AIR SERVICE, INe.
THIS SEVENTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base
Operator (FBO) agreement (hereinafter "agreement") is made and entered into this 21st day of
February, 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida
(hereinafter "County"), and GRANTAIR SERVICE, INC., a corporation of the State of Florida,
(hereinafter "FBO" or "Grantair").
WITNESSETH
WHEREAS, on the 10th day of April, 1998, the parties entered into the Agreement for a period
of twenty 20 years, which agreement was amended on June 21, 2001, September 19, 2001, July 17,
2002, September 18, 2002, March 17,2004 and September 28, 2005 to provide Fixed Base Operations
at the Marathon Airport; and
WHEREAS, the parties desire to rehabilitate the west General Aviation (hereafter G.A.) apron
at Grantair services; and
WHEREAS, the County is willing to pay for 95 % using funding being provided by the F.A.A.;
and
WHEREAS, Grantair is willing to commit to funding the remaining 5% ; and
WHEREAS, the County has entered into a contract for purposes of rehabilitating the west G.A.
Apron
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
1. The County and the Lessee agree that ifF.A.A funds are used to rehabilitate the G.A. apron on
the Lessee's currently leased premises, Lessee shall be responsible for payment of 5% of the total
project costs.
2. The County agrees to pay for 95% of the all the rehabilitation costs of the G.A. apron as
approved by the F.A.A. and using F.A.A. funds. Payment applications will be processed through the
Airports Business office. Upon receipt of contractor's payment application, a copy will be provided to
Lessee. Lessee shall furnish a check for 5% of the application amount to the Business Office. The
Business Office will then forward the approved payment application, with the check from Lessee to the
County Finance Department for review and payment.
3. All change orders must be approved by the F.A.A. If the Lessee wishes to proceed with a
change order not approved by the F.A.A., then Lessee will be responsible for the entire cost of the
item.
4. Upon completion, the G.A. apron shall become the property of the County.
5. In addition to paragraph 19 of the original agreement, the County may treat the Lessee in
default and terminate this amendment and the original April 10, 1998 Lease Agreement if the Lessee
fails to timely submit the payments required of it under paragraph 1,2,3 and 4 of this amendment.
Before the County may terminate the Agreement under this paragraph, the County must give the
Lessee written notice of the default stating that, if the default is not cured within 15 days of the
Lessee's receipt of the written notice, then the County will terminate this Agreement. The termination
of this Agreement does not relieve the Lessee from an obligation to pay whatever damage the County
suffered because of the Lessee's default.
7, All other provisions of the April 10, 1998 original lease, not inconsistent herewith, shall remain
in full force and effect.
IN WIT,NESS WHEREOF, each party has caused this Amendment to Lease Agreement to be
executed by itstN1y authorized representative,
(SEAL), "
ATTEST: DANNY L. KOLHAGE, CLERK
Byai~
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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