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09th Amendment 08/17/2016 %` /te s AMY HEAVILIN, CPA sr CLERK OF CIRCUIT COURT & COMPTROLLER -`_ - MONROECOUNTY,FLORIDA DATE: October 13, 2016 TO: Don DeGraw, Director of Airports ATTN: Beth Leto, Airport Business Manager FROM: Cheryl Robertson Executive Aide to the Clerk of Court& Comptroller e A At the August 17, 2016, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item C6 Approval of Ninth Amendment of Lease for Grantair Service, Inc., a Fixed Base Operator (FBO) at The Florida Keys Marathon International Airport. The current lease ----- terminates-enApril 9, 2028, however the FBO intends to invest at least $1.5 million dollars in capital improvements to rebuild its hangar and office space. If Grantair completes construction of the new terminal and office space by April 9, 2028, then the termination date of the lease will be extended to April 20, 2046. In addition the fuel flowage fee will increase from $0.06 to $0.10 per gallon which will result in approximately $24,000.00 additional fuel flowage revenue. 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 V 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 ARATHON JET CENTER 8800 Overseas Highway Marathon, Florida 33050 July 27, 2016 Please accept this letter as a formal request for authorization and lease amendment to Monroe County that Marathon Jet Center demolish the existing hangar structure and offices of Marathon Jet Center, located at 8800 Overseas Highway,apd build a new office, customer lounge and hangar structure on the same location. As background, the existing structure was built in 1989 and completed in 1991 as a maintenance hangar for small aircraft and under the building codes and for the small aircraft market evidenced at that time. Today, Marathon Jet Center has become one of Florida's preeminent fixed based operators, providing services to over 4,000 high-end jet and turbine customers annually. In 2013, MJC was named one of the top 10 FBO's in the United States by FltPlan.com,a prestigious industry award that we are very proud to have received. The purpose of replacing the existing structure is twofold: The entire building is showing evidence of structural deterioration beyond simple maintenance. Beams supporting the roof are rusted through in multiple locations;wall supports are corroding; and sheet metal roof and siding requires replacement consistent with the life expectancy of this type of metal building construction.The extent to Which the engineering requirements for commercial buildings in coastal locations, including wind loads,has changed,the deteriorated building is inadequate. The Jet market that we have developed over the past 13 years requires a different quality and type of structure.The building we would like to replace currently has a 16 ft. high and 50' wide hangar door on a 140' x 60'structure.The customer lounge has a four-person capacity and the pilot lounge is limited to six pilots.There is neither room nor provision for a conference room,showers for pilots,or many other amenities that pilots and owners expect. The proposed building will resolve these problems by building a 150'x 80'structure, including an 88' wide and 22' high hangar door,that more than doubles the pilot and owner capacity; upgrades the look and feel of the facility; and provides all of the amenities expected by this market.We have attached architectural elevations and a floor plan for your review. While the location of the hangar will be the same as the existing building,the engineering requirements for current code will require a complete demolition of the facility.We estimate that the cost of demolition and new construction will be between$1,500,000 and$2,000,000, investment by Marathon Jet Center for our exclusive use. Due to the significant investment, MJC is requesting that we have a minimum of 25 years from date of completion to date of lease termination with the County for the property and building as depicted in the attached exhibits. Prior to commencement, Monroe County and Airport Management will have the opportunity to review final plans and have signoff authority. Thank you for your consideration. illiam Ehrhorn vQ n) Managing Partner, Marathon Jet Center NINTH AMENDMENT TO MARATHON FIXED RASE OPERATOR IFBO)AGREEMENT WITH GRANTAIR SERVICE, INC. THIS NINTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base Operator(FBO)agreement(hereinafter`agreement") is made and entered into this 1716 day of August, 2016,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, September 28, 2005, February 21, 2007 and April 21, 2010 to provide Fixed Base Operations at the Marathon Airport; and WHEREAS,the FBO terminal building,which includes the hangar and office space, is in need of significant repairs due to its age;and WHEREAS, the FRO is proposing to rebuild, enlarge and modernize the FBO terminal in exchange for extending the lease; and WHEREAS,a lease extension will allow the Lessee to amortize the costs of reconstruction;and WHEREAS, ownership of the modernized facility would revert back to the County at the end of the lease extension; and WHEREAS, a modernized FBO facility would be of great benefit to the FBO as well as the County; and WHEREAS, the FBO has proposed completing the project and obtaining Certificate of Occupancy by 2021;and WHEREAS, the FBO is requesting an extension of the FBO lease of 25 years beyond the expected 2021 Certificate of Occupancy date in order to amortize the costs of construction; NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original lease as follows: Section 1. Paragraph 3)of the original lease is amended by revising the following subparagraph to read as follows: c) Beginning September 1, 2016, the FBO must pay the County a 10 cents per gallon flowage fee for each gallon of Avgas fuel sold and a 10 cents per gallon flowage fee for each gallon of let A fuel sold. By the tenth of each month the NO must truthfully and accurately report to the County the number of gallons sold and pay the County the fee due based on that number. The FBO shall maintain all boob, records, and documents directly pertinent to performance under this agreement in accordance with generally accepted accounting principles consistently applied. Each party to this agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this agreement for public records purposes during the term of the agreement and for four (4) years following the termination of this agreement. The County, acting through its Finance Director or other authorized representative,shall have the right to inspect and audit the FBO's books of accounts and other records directly generated at the Florida Keys Marathon Airport facility or otherwise pertaining to this agreement. Knowingly furnishing the County a false statement of its monthly fuel flowage under the provision hereof will constitute a default by the FRO of this agreement and the County may, at its option, declare this lease terminated. The FBO retains the right to have its controller or a representative assigned by its controller to be present during any inspection or audit by the County. Ten(10)business days' notice must be given of intent to audit by the County to allow the FBO's controller sufficient time to schedule the audit. Section 2. Paragraph 3)of the original lease is amended by revising the following subparagraph to read as follows: d) Subject to the provisions of paragraph 3g) the rent will be adjusted annually on the anniversary of the effective date of this agreement by the greater of the amount recommended in an approved rates and charges study or in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the previous calendar year. In the event of a deflationary CPI,no adjustment in the rental rates will be made. Section 3. Paragraph 3) of the original lease is amended by amending and adding the following subparagraph(s): g) Beginning with the April 2018 monthly rental cycle,all improvements on the leasehold, except for the newly constructed corporate hangar, shall be appraised at fair market rental rate. The appraised fair market rental rate shall then become the rental rate for the leasehold. In the event of a deflationary appraisal, no adjustment in the rental rates will be made. Thereafter, the rent will be adjusted annually pursuant to paragraph 3d). h) Beginning with the April 2028 monthly rental cycle, all improvements on the leasehold shall be appraised at fair market rental rate. The appraised fair market rental rate shall then become the rental rate for the leasehold. In the event of a deflationary appraisal, no adjustment in the rental rates will be made.Thereafter,the rent will be adjusted annually pursuant to paragraph 3d). i) Any improvements made by the FBO to the premises automatically become the property of the County upon the termination of this lease. j) NONPAYMENT OF ANY PORTION OF THE RENT WILL BE DEEMED TO BE A DEFAULT AND THE COUNTY MAY TERMINATE THE AGREEMENT PURSUANT TO PARAGRAPH 19. Section 4. Paragraph 4)of the original lease is amended by adding the following subparagraphs; a) Pursuant to the terms of the 81h amendment the term of this agreement is extended an additional 10 years and terminates on April 9,2028. b) If Grantair completes construction of the new(approximately 9,600 sq. ft)FBO terminal by April 9,2028 then this lease terminates on April 20,2046. Construction of the new FBO terminal must conform to the July 2016 Proposed FBO Design attached hereto as Exhibit A.ANY MODIFICATION OR DEVIATION FROM THE APPROVED PROPOSED FBO DESIGN DATED JULY 2016 MUST BE APPROVED BY THE DIRECTOR OF AIRPORTS. For purposes of this amendment,completion 2 , I,1 / of construction shall be deemed to occur upon the date of the issuance of the Certificate of Occupancy. The intent of this amendment is to incentivize prompt construction of the new FBO terminal and the Lessor acknowledges the benefit to the Lessee of completing the project as soon as possible in order to maximize the cost amortization term. Unless otherwise agreed to in writing the planning, fmancing, commencement and progress of the construction, and all costs related thereto, shall be Lessee's responsibility however in no event will the termination date be later than April 20,2046. Section 5. Paragraph 7)of the original lease is amended by revising the following subparagraph to read as follows: a) The FRO has the right during the term(s) of this Agreement to maintain a fixed base operation and has the right to sell aircraft and aircraft engines, parts and accessories, lease aircraft storage space, operate pilot training service, provide aircraft maintenance and repair service, aircraft rental and charter flying service, and any other aeronautical service normally furnished by a fixed base operator. The FBO has the right to sell aviation gasoline and lubricants and to provide aeronautical services that are compatible with other activities on the airport. Except as otherwise provided for in a written Agreement or as approved by the Airport Manager, the FBO shall only be entitled to receive tie-down fees from aircraft parked in the paved ramp area located within the premise's boundaries as described in Exhibit A. The FBO specifically waives any and all right to tie-down fees or any uses whatsoever of properties at the Marathon Airport located outside of the above-described premises except as otherwise provided for in a written Agreement or as approved by the Airport Manager. The Fib must refrain from either directly or indirectly being involved in any car rentals or other services that are not related specifically to fixed base aircraft operations. Section 6. All other provisions of the April 10, 1998 original lease, September 28, 2005 sixth amendment, February 21, 2007 seventh amendment and April 21, 2010 eight amendment not inconsistent herewith, shall remain in hill force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be ex- -d by its duly authorized representative. 1h :� -:----r�'L BOARD OF COUNTY COMMISSIONERS I w, HEAVILIN,CLERK OF MONROE COUNT , FLORIDA 1 By 3. o /o M or/C o c 13-aaly "...' co ATTEST: GRANTAIR SERVICES, INC:-E a /' � `t By 11L2✓1 LI'✓1 cLcOY- By cn Q rJ Title N0 -ram Title P en- By " MV AIN ERRI t CS ON Title Lf 6 EXP�IRES Aup-w—tZS.., 3 NO7I N1,E113 h,WYYpenyma NtY 3 PEDRO .M C��� ASSISTMdf EY "I I EIl6 D A 4KJ F:. ARATH4N Proposed FBO Design July 2016 RALLIED BUILDING ORDER STEEL noun,Nemeet n,l. BUILDINGS Hiller Carbon-Marathon Hanger 06/02/2016 PROJECT LOCATION Cgy/Country CONTACT INFORMATION Marathon, FL 33050 Hiller Carbon Wesley Hiller 813-785-3936 Wesley.HillerCcilhillercarbon.corn ARATHON 1.1 dellIV CENTER c_, Nil ed Steel Buildings.111 N.Oraga MMs,Suite 117S,Ott odo FL 32801 . T:5CO-599-3905. r:W01954585. gaggjdfigshlIMMIKAIC Top View with Dimensions 4 464 0:- Apv *it 411iifrzY.11•P°4 'Ced <b. .• i s0 gss' JET CENTER ALLIED BUILDING ORDER STEEL Proled/hnter Cole Cu bog BUILDINGS Hiller Carbon•MarathonHanger 06/02/2016 1 w 1 DIMENSIONS BUILDINGCOCE FBC 2014 DEFLECTIONS ®I120 W nd 180 mrN E.p,, a IL_ E W Colums 11111 so Frame lbranntal m 1240 SW as 0 I EW Ratters p1240 Frame Vertical 124° o,lh 180. (sound a,ow 01r .._ U1240 �r60 Wa1Glf Frame Su.. I Use load _�! Co bleral bad 21 �1240 UN A ® 24' Pup(Rolm Frame Crane OauGansy 11�tgumal Endoene Erc'° waupanel f,240 wn:Framng 111/240 NEM I0.5:12 SeemI°°rd°°q, 24a Roo(Panel FRAME TYPE Column Rafter Frame Shape Framing Finish RTap cad jTaPned 1'Gatb Red O+da SecoFurrundary C daM ❑Cond,nt ❑Sngk Yopr RW OP du $rmndary Spncvl ❑Spebal ❑gpeaal R.O.de Framed°Penbgs 1 I I Endwatl Column Spacing Sldewalt Bay Spacing 16'-0", 10 bays at 8'-9 5/8",16'-0" 12'-0",20'-0",2 bays at 24' pry Interior Modules OO-ar Tan 0 Support mbrm rag 6 bays at 20' I SECONDARY FRAMING BRACING E IEW PEW FSW SSW PROF %hrare Baal B1Cis _ 8f1„u5 MiniLE„, CI o. tr co I-I-I_I_i new ❑• ❑ ❑ ❑I ❑ ❑ Di Zee Zee Zee Zee FSw ❑• ❑ 01 Zee IISw ROOF PANEL RWALL ENDWALLTYPE NEL rill ❑ Pot A 0 dnam Specs! ❑I Pea 22 ❑ I :m ham i''l ga I POR 9e 9' Eleyand6M. DI . Standbg seam Abedarchtedural IEw NA N/A PEW • Otivr Other VI �OF PANEL COLOR WALL PANEL COLOR FRAMED OPENINGS Ac`Ctt96dif?Searel Gorwbne AttcESdbxl2'F44'ttBi-Parting Hanger Door SOP ' S M846YndcttSn PyMA wakdoas Ii t,. Ic Carbon SIep Ea.tenors owmeaddoom 1 Weather Lock Roof System wndoe,P I 6 Allied Sun Guard Wall Panels Ye Olean 1 Wall naelsldn Cep Nhtng I Osiers and dnwnapoata Fe,❑W 0 4" 1Syndard Cuters end0ownapa. MOO SteNlallrargs.111a.Oranpe Me,SWte112;OdaMeFl32B0l.T:300499.3905. F:a0O595-958S. xcitsailledstaOharainoszon AALLIED BUILDING ORDER STEEL BUILDINGS Hula Graben-Maralxx Hanger 06m2/2016 PROJECT NOTES (3)Set of Archer Rod Plans In ConszuNon, stamped&Sealed (3)Set of Erection Drawings for Construction Stamped&Seared (I)Sel of Celctallms for Construction Stamped&Sealed (I)(eger of rerncation for Construction Stamped&S Jed To aver'steel hagvt a mscnal inease customer agmrs to take de rvery on or before)O1XXu XX)( Sugpal for Br PerinHanger Door provided by door maMxWa. Hanger Door BB x 221 6Lea included in the building price 33'x W 5 29'Lean Tu Attaching to the Rev&de Wall or the Hanger 301 a PO Mezzanine in Lean To Includes-Design.Bean.Support Columns Edge Angle 26 ga 516' Form Decking Joists.and Beam Designed for 9'Concrete(BY OTHERS)110 Clearaee Wrier and above Mezzanine. Design Loads live Load-120 psi/Dead Loner PO let/Collateral Load-5 pa(/Partition Load .5 psi Builmre has been quoted using industry standard peactices and matolala Design reµlreinsits a accessories net specifically noted in this proposal should be censiderel excluded customer sgitied drawings and specicatars have been used b general reference no guarantee is made that this quote is in total centpfance with these documents OPTIONS • Existing FBO Footprint ar -'# ;�r sue`r1, 1 w i i ' >, ii1 \ i r 0 ,7 011 , 'ae...a.) :tee IN>4-_e:..• - 6 `J i , 0 ' 0y0 �__. 11 z4u fi 2 Laic -FRc C^- t M..,i .�.., , _ z `�'1 K�� :»sue 's+> �.:` ;W — 11 E � l i 3 5T-. —<..\ Q i f Proposed FBO Footprint Proposed New Footprint 80 FT , 1 i I ,: , , . q) , Q r 3 yt:f. cxr.1,.rf.r • ._.... ,i 0u_ VVV hi jLn M 1 o E a ..._.;. ..._ <. -� .,..: _ .-.c-.<. _,.. _e ..... _._ . re i r s, ,.. d fY F rC' crL- ' i� WQFI y F E/_"FJ EX''5'U--`:GEE 3 -!s-=E f Q Qj 4 { S:iE. 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