08th Amendment 04/21/2010
DANNY~L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
April 28, 2010
TO:
Reggie Paros, Manager
Florida Keys Marathon Airport
ATTN:
FROM:
Stacy DeVane, Executive Assistant
Pamela G. Han~.
At tile April 21, 2010 BOCC meeting, the Board granted approval and authorized
execution of an Eighth Amendment to Marathon Fixed Base Operator (FBO) Agreement with
Grantair Service, Inc., at Florida Keys Marathon Airport.
Encl()sed is a duplicate original of the above-mentioned for your handling. Should you
have any que~stions please do not hesitate to contact this office.
cc: County Attorney
FinarLce
File
EIGHTH AMENDMENT TO MARATHON FIXED BASE OPERATOR (FBO) AGREEMENT
WITH GRANT AIR SERVICE, INC.
THIS EIGHTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base
Operator (FBO) agreement (hereinafter "agreement") is made and entered into this 21st day of April,
2010, by and between MONROE COUNTY, a political subdivision of the State of Florida (hereinafter
"County"), and GRANT AIR SERVICE, INC., a corporation of the State of Florida, (hereinafter
"FBO" or "Grantair").
WITNESSETH
WHEREAS, on the 1 Oth 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, September 28, 2005 and February 21, 2007 to provide
Fixed Base Operations at the Marathon Airport; and
WHEREAS, in the sixth amendment dated September 25, 2005 the parties agreed to extend the
original term by an additional 1 0 years provided that Grantair constructed a new corporate hangar; and
WHEREAS, the sixth amendment contained a prerequisite requirement that Grantair complete
construction and obtain a certificate of occupancy for the new corporate hangar by April 9, 2008 in
order to extend the lease by an additional ten years; and
WHEREAS, Grantair completed construction by April 9, 2008 but was unable to obtain a
certificate of occupancy until April 20, 2009 because of South Florida Water Management District
(SFWMD) permitting issues; and
WHEREAS, the County desires not to penalize Grantair for the delay resulting from the
SFWMD permitting procedures; and
WHEREAS, the parties desire to amend the date by which Grantair was required to obtain a
certificate of occupancy;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
1. Paragraph 4) of the original lease is amended by adding the following subparagraphs;
a) The term of this agreement shall be extended an additional 10 years and terminate on April
9, 2028 if Grantair completes construction and obtains a Certificate of Occupancy for an
11,800(approximately) square foot hangar prior to April 21, 2009.
b) If Grantair does not complete construction or does not obtain a Certificate of Occupancy by
April 21, 2009 the original term will remain in force and this lease shall terminate on April 9, 2018.
2. All other provisions of the April 10, 1998 original lease, September 28, 2005 sixth amendment
and February 21, 2007 seventh amendment not inconsistent herewith, shall remain in full force and
effect.
.,,;.:~.~JN;WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be
e~~Jjlt~:bfi~sduly authorized representative.
'<S'B.;Ay)l .
A.rTEST:' DANNY L. KOLHAGE, CLERK
Z,.~,. ~~ ..' .
B
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
ATTEST:
G
TAIR SERVICES, INC.
By
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