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1st Supplement 12/19/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: December 28, 2007 TO: Reggie Paros, Director Housing & Community Development Florida Keys Marathon Airport Manager FROM: Stacy DeVane, Executive Assistant Pamela G. Han~ Deputy Clerk U ATTN: At the December 19,2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of Supplemental Agreement No. 1 for Federal Aviation Administration (FAA) Memorandum of Agreement No. DTFASO-06-L-00099 between Momoe County and the United States Department of Transportation regarding back-up power supply for the Automated Surface Observing System installed on airport property. Enclosed are three duplicate originals, executed on behalf of Momoe 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 Financ! wlo document File ,/ . ' n~en~-aD Cc~~ Oem's CfT'~ Oa1gffi~~ SUPPLEMENTAL AGREEMENT NO, 1 MEMORANDUM OF AGREEMENT NO, DTFASO-06-L-00099 THIS SUPPLEMENTAL AGREEEMENT, entered into this 19th day of December ; Two Thousand and Seven, between Marathon Airport hereinafter called the Lessor, and the United States of America, acting by and through the DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration (FAA), Southern Region, P,O, Box 20636, College Park, Georgia 30320, hereinafter called the Government; WHEREAS, it is the desire of the parties to amend FAA Memorandum of Agreement No, DTFASO-06-L-00099, dated June 6, 2006, whereby the Lessor leases to the Government land for all no-cost NAVAID facilities located on-airport at the Marathon Airport, NOW, THEREFORE, the parties hereto covenant and agree that the said Lease is hereby amended as follows without change in the terms and conditions specified therein unless otherwise herein provided effective October 1, 2007: Section 12 is hereby added as follows: 12A. WHEREAS: Pursuant to 49 U,S.C. 47107(a)(12), the GRANTOR is required to furnish to the UNITED STATES OF AMERICA, hereinafter referred to as the GOVERNMENT, property interests in land or water areas or buildings that the GOVERNMENT decides are desirable for, and that will be used for, facilities for carrying out activities related to air traffic control or navigation without charge; WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the GOVERNMENT, and of the covenants and agreements to be kept and performed by the GOVERNMENT, the GRANTOR, pursuant to 49 U.S.C. 47107(a)(12), does by these presents hereby grant to the GOVERNMENT, at no cost, a License for the use of the premises, services, and facilities hereinafter described, or those of other mutually acceptable locations for the installation, operation, maintenance, repair, replacement, fueling, and removal of Automated Surface Observing System (ASOS) equipment. Such equipment may include, but is not limited to: an Acquisition Control Unit (ACU), Data Collection Package (DCP) and combined sensor group(s), communications and peripheral equipment, antenna(s), connecting cables together with primary electrical power, stand-alone battery backup power, standby engine generator and fuel supply, standby fuel cell, and connections to an acceptable alternative standby power supply for operation of the GOVERNMENT-OWNED equipment; and 12B. The NATIONAL WEATHER SERVICE (NWS) is mandated by law to provide standby power for the Automated Surface Observing System (ASOS) to prevent the loss of mission critical weather data that is vital to the protection of life and property during a power outage. The Government's equipment shall include a standby power supply provided by a generator and liquid propane fuel supply, fuel cell, or acceptable alternative standby power source and necessary connections. The Government or its contractor shall be allowed reasonable access to install, operate, maintain, repair, replace, fuel, and remove the standby power supply. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first about written. MARATHON A1RW BY: 1 dig~ture) TITLE: MAYOR DATEPEG( .~ o 1. u.s. DEPARTMENT OF TRANSPORTATION Federal lation Admi . tr .on DATE: 01 /~;woK BY: 'flY TITLE: MANAGER. REAL ESTATE BRANCH cr:/3/O 7 3: ...., '" = "1'1 C) = z ).)>0 "'" r'.- :::0 ":'- c- , 1"'] 00:-,.: ",. P"1~::-: :z: " C7' r-' W . , . .. -. ~ ..., " , :J:: r'-1 :':... ") ~~1 - I,"",:) ,- .. , ):.:'" , I '-:J ..... ~ ASSISTANT CO Date