1st Amendment 03/23/2016 I
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. CLERK OF CIRCUIT COURT & COMPTROLLER
' `_`=' MONROE COUNTY,FLORIDA
DATE: May 26, 2016
TO: Don DeGraw,
Director of Airports
ATTIC• Yany Rodriguez
Finance Analyst KWIA
FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller C 4
At the March 23, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Item Cl Approval of the 1st Amendment to the Customs Service Agreement
between Monroe County and the Marathon Jet Center, the amendment delays the billing of operational
costs from the County to Marathon Jet Center until the facility is open and operational. The total
additional cost to the Marathon Airport fund 403 is estimated to be $1253.00
Enclosed is a duplicate originals executed on behalf of Monroe County,for your handling. Should you
have any questions,please feel free to contact me.
cc: County Attorney
Finance
File 1/
6j 50QVaitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
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`` 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-60255
5\ryCY 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
lst AMENDMENT TO CUSTOMS SERVICE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
MARATHON JET CENTER, INC. -
THIS AMENDMENT IS made and entered into this 23rd day of March, 2016 by and
between Monroe County, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, hereafter "County", and Marathon Jet Center,
Inc., a Florida corporation, whose address is 8800 Overseas Highway, Marathon, FL 33050,
hereafter "Provider".
WITNES SETH :
WHEREAS, the County owns property known as the Florida Keys Marathon Airport,
located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; and
WHEREAS, on the 16th day of April 2014 the County and Marathon Jet Center entered
into an Agreement (hereafter Original Agreement) setting forth each party's responsibilities for
the provision of Customs service at the Airport; and
WHEREAS, it was the intent of the parties that the payments for operational and
maintenance costs would not transition from the County to the Provider until the Customs
Service facility became operational; now therefore,
IN CONSIDERATION of the mutual covenants, promises and premises herein
contained,the parties hereto agree to amend the Original Agreement as follows:
1. Subparagraph 4.g. of the Original Agreement is amended to read as follows:
4. PROVIDER RESPONSIBILITIES
g. Every 3 months upon receipt of invoice from the County, Provider will reimburse
the county for all operating and maintenance expenses incurred related to
Customs service that occurred in that time period. However, accrual of operating
and maintenance expenses shall not begin, and provider will not have to
reimburse County, until such time as the Customs Service begins operation. The
transition from County responsibility to provider responsibility shall occur on the
date Customs Service is available and open to the public. Operating expenses
shall be defined as those services required and items used in the day to day
operations of the Customs Service office and shall include, but not be limited to,
office supplies, lavatory supplies, postage and postal supplies, phone service,
,
y 4.
janitorial service, etc. Maintenance expenses shall be those expenses incurred to
maintain any of the infrastructure or any of the equipment constructed, erected or.
installed in the Customs Service leasehold and shall include, but not be limited to,
. the costs of computer maintenance and/or upgrade, HVAC maintenance (only for
any required and newly installed Customs dedicated HVAC), fixtures and fixed
improvements maintenance, etc. Except for the expenses associated with ongoing
computer maintenance and/or upgrades which shall be borne by Provider, the
maintenance expenses will be waived for the first (3) three years of this
Agreement.
2.. All other provisions of the April 16, 2014 original Customs Service Agreement not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF County and Provider hereto have executed this Agreement on
the day and date first written above in four(4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
`, '411 BOARD OF COUNTY COMMISSIONERS
4,� ',Rao'1a Y HEAVILIN, CLERK OF MONROE COUNTY,FLO e..DA
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WITN / P OVIDER: Marathon Jet Center, Inc.
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