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Item C28BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meetin Date Janu 1. 91 2012 Divisi*on-. Ai Bulk Item-. Yes X No Department: p Florida M Marathon AL*rp art Staff Contact Person/Phone #:Re Paros/289 .......... AGENDA ITEM WORDING: Approval of Second Amendment to Lease A b and between Monroe Count Florida, Lessor, and Ton D'Aluto d/b/a Anti Aircraft Restoration, Lessee,, re the former Mos Control Han Facilit . ............................ . ............ .................... ITEM BACKGROUND: A Fair Market Rent Anal has been made and the ori lease 1' s amended as is described in the followin sections and the attached documents. .................. ................... PREVIOUS RELEVANT BOCC ACTION.* June 1, 7�� 2009, the parties entered into a seven (7) y ear lease for a han facilit situated on a arcel of land approximatel 34,,980 s feet. p April. 2.1 2010, the parties entered into an amendment for an additional 3,520 s feet of real propert .............. CONTRACT/AGREEMENT CHANGES: Primaril Para g Taph 2, Term i , of the ori lease s amended to ten ( 10 ) y ears be on Januar 19, 2012 and terminatin on Januar 18, 2022. Para 3, Rent, of the ori lease is amended to $4,000 per month, plus applicable sales tax, commencin Januar 19, 2012. Followin the initial date of Januar 19, 2012, the annual rental sum will be adjusted each y ear b a percent e to the increase in the CPI for all urban consumers (CPI-U) above that of the prior y ear. If at an time durin the term of this lease, the leased premises are converted to a non-aeronautical use the COUNTY shall have the n* to immediatel enter on to the propert for purposes of obtainin an appraisal. to determine fair market value and the rent for the premises shall immediatel be set at the new rate. 1t- - at an time durin the term of the lease the lease is assi the rent shall *Immediatel be set at $4.,700 per month. In addition to the rent for the premises the LESSEE shall renut, alon with the monthl rental pa insurance covera reimbursement pa pursuant to para 13A. STAFF RECOMMENDATIONS: Approval TOTAL COST. n/a INDIRECT COST: n/a BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE, rya COST TO COUNTY. rya SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No,,,, AMOUNT PER MONTH _J4,Q00.00Year $48,000.00 APPROVED BY: Count Att X OMB/ Purchasin Risk Mana DOCUMENTATION. Included X Not Re 0 DISPOSITION, AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with-. Antiaue Aircraft Contract #n/a n/a Effective Date: 1-19-2012 Expiration Date: 1-18-2022 Contract Purpose/Description-, Lease of han facilit situated on parcel of land at Marathon Airport to provide aircraft, en propeller and accessor maintenance, air charter, fli trainin air tour services, avionics and instrument_ repair services. Contract Mana Re Tams 6060 APM/#15 (Name) (Ext.) (Department/Stop #) for BOCC meetin on 1-19-2012 Agenda Deadline: 1-3 -2012 ............. CONTRACT COSTS Total Dollar Value of Contract: $ $4805000+ Current Year Portion: $ 48,000 Bud YesE] No � Account Codes: G-rant $ Count Match: $ n/a IM ADDITIONAL COSTS Estimated On Costs: $n/a/ For- rya (Not included in. dollar value above .. .... . .... . (e g . maintenance, utilities, janitorial., salaries, etc. ................. ................ .................... CONTR . REVIETV Chan Date In 'Needed Division Director YesFINoE] Risk Mana Yes No❑ O.M.B./Purchasin Yes[ No❑ Count Attorne 1/3/12 Yes E] NoZ Reviewer Date Out Comments.- ................. 111vto rVT111W.UV1SeU /4146 H I mt r 172 SECOND AAff"MEN.T.. TO LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT ANTIQUE AIRCRAFT RESTORATION TEEIS SECOND AMWNDMWNT is made and entered into this 19thda of Januar 2012, b and between MONROE COUNTY, a political subdivision of the state of Florida, hereinafter COUNTY or LESSOR, and TONY D'AIUTO d/b/a ANTI AIRCRAFT RESTORATION, hereinafter LESSEE or TENANT. WHEREAS, on the 17'hda of June 2009, the parties entered into a seven (7) y ear lease, attached hereto and made a part o to allow LESSEE to lease a han facilit situated on a 0 parcel of land appmximatel 34,980 s feet', in order to provide aircraft , en propeller • and accessor :maintenance,, air charter, fli trams, air tour services, aviom*cs and instrument repair services as described M' subsections (VI. Ilk l ( VL A. (VI. B.) and (VI. E.) of the Count M 0 Standards, and; WHEREAS, on the 21'4 da of April 2010 the parties entered into entered in to an amendment, attached hereto and made a part of, to the lease g rantin g the Lessee an additional 3,520 s feet of real propert for use as emp loyee and customer parking and; W11EREAS, the parties have found the ori lease A has been mutuall beneficial to both parties; -01 NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties a to axnend the ori lease as follows: IN CONSIDERATION of the mutual promises and covenants set forth below, the parties a to amend the ori lease a as foll 1. Para 2 of the ori lease is amended to read as follows: 2. Term The term of the lease is for ten ( 1o ) years be on January 19, 2012 s, and terminating on Januar 18, 2022. Upon termination of this lease, either under this Paragraph or as provided elsewhere in this lease, LESSOR will peacefull surrender the re all structures and improvements to the LESSOR. 2. Para 3 of the ori lease is amended to read as follows: 3. The rent for the premises I *Ses *s $4,000 per month, plus applicable sales tax, commencin Januar 19, 2012. The monthl rent is due and pa on the first da of each month. All rental pa are due at the airport's business office 3491 S. Roosevelt Blvd., Ke West, Fl. 33040. Followin the initial date of Januar 19, 2012, the annual rental ' will be adjusted each y ear on Januar 19th b a percent e to the *increase in the CPI for all urban consumers (CPI -1J) above that of the prior. year- If at any time durin the term of this lease, the leased premises are converted to a non-aeronautical use, the COUNTY shall have the ri to immediatel enter on to the propert for purposes of obtainin an appraisal to determine fair market value and the rent for the premises shall i'm mediatel be set at the new rate. If at an time durin the term of the lease the lease is ass i the rent shall immediatel be set at $4,700 per month. In addition to the rent for the premises the LESSEE shall remit, alon with the monthl rental pa insurance covera reimbursement pa pursuant to paragraph 13A. 3. Except as set forth in para one, two • and three of this Second Lease Amendment all other provi • sons of the June 17'h 2009 ori lease • agreement and the April 10 * 21'4 2010 arnendmenL not m"c herewith, remain in full force and effect. A ' WrrNE WHEREOF each Party has caused this Second Amendment to Lease ment to be executed b its dul au - ed representat onz IV C* (SEAL ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA B Deput Clerk ATTEST: B I /< Ti'tle B Ma David Rice T01%N D'AMO 4W Anti Aircraft Restorations y T :z