2nd Amendment 01/19/2012
DANNY'L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
April 27, 2010
TO:
Reggie Paros, Manager
Florida Keys Marathon Airport
A TTN:
FROM:
Stacy De Vane, Executive Assistant
Pamela G. Har't.c.
At the April 21, 2010 BOCC meeting, the Board granted approval and authorized
execution of the following:
Agreement with Mountain Air Cargo, Inc., for use of aircraft apron area at the Florida
Keys Marath.on Airport.
/ Amendment to the Lease Agreement with Antique Aircraft Restoration, Inc. for an
additional parcel of property to provide for employee and customer parking.
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
Finance
FileJ
SECOND AMENDMENT TO LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ANTIQUE AIRCRAFT RESTORATION
THIS SECOND AMENDMENT is made and entered into this 19 day of January 2012,
by and between MONROE COUNTY, a political subdivision of the state of Florida, hereinafter
COUNTY or LESSOR, and TONY D'AIUTO d/b /a ANTIQUE AIRCRAFT RESTORATION,
hereinafter LESSEE or TENANT.
WHEREAS, on the 17 day of June 2009, the parties entered into a seven (7) year lease,
attached hereto and made a part of, to allow LESSEE to lease a hangar facility situated on a
parcel of land approximately 34,980 square feet, in order to provide aircraft, engine, propeller
and accessory maintenance, air charter, flight training, air tour services, avionics and instrument
repair services as described in subsections (VI. D.1), (VL A.), (VI. B.) and (VI. E.) of the
County's Minimum Standards, and;
WHEREAS, on the 21" day of April 2010 the parties entered into entered in to an
amendment, attached hereto and made a part of, to the lease granting the Lessee an additional
3,520 square feet of real property for use as employee and customer parking, and;
WHEREAS, the parties have found the original lease Agreement has been mutually
beneficial to both parties;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
below, the parties agree to amend the original lease as follows:
IN CONSIDERATION of the mutual promises and covenants set forth below, the parties
agree to amend the original lease agreement as follows:
1. Paragraph 2 of the original lease is amended to read as follows:
2. Term. The term of the lease is for ten (10) years beginning on January 19, 2012
and terminating on January 18, 2022. Upon termination of this lease, either under this
paragraph or as provided elsewhere in this lease, LESSOR will peacefully surrender
the premises, all structures and improvements to the LESSOR.
2. Paragraph 3 of the original lease is amended to read as follows:
3. Rent. The rent for the premises is $4,000 per month, plus applicable sales tax,
commencing January 19, 2012. The monthly rent is due and payable on the first day
of each month. All rental payments are due at the airport's business office 3491 S.
Roosevelt Blvd., Key West, Fl. 33040.
Following the initial date of January 19, 2012, the annual rental sum will be
adjusted each year on January 19th by a percent equal to the increase in the CPI for
all urban consumers (CPI -U) above that of the prior year.
If at any time during the term of this lease, the leased premises are converted to a
non - aeronautical use, the COUNTY shall have the right to immediately enter on to
the property for purposes of obtaining an appraisal to determine fair market value and
the rent for the premises shall immediately be set at the new rate.
If at any time during the term of the lease the lease is assigned, the rent shall
immediately be set at $4,700 per month.
In addition to the rent for the premises the LESSEE shall remit, along with the
monthly rental payment, insurance coverage reimbursement payments pursuant to
paragraph 13A.
3. Except as set forth in paragraphs one, two and three of this Second Lease
Amendment all other provisions of the June 17 2009 original lease agreement and the April
21 2010 amendment, not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Second Amendment to Lease
Agreement to be executed by its duly authorized representative.
(SEAL) -,
BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
•, L By
r,', Clerk ,Mayor D Rice
ATTEST: TONY D'AIUTO d/b/a
Antique Aircraft Restorations
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