Item C29BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meetin Date-. Jam. p
l..9, 2012
Division-. Ai
Bulk Item-. Yes X
No
Department-.
Florida Ke Marathon. Ai _
Staff Contact Person/Phone #.-Rejzpie Paros/289-6060
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AGENDA. ITEM WORDING,,,, Approval of Fifth Amendment to Lease A b and between
Monroe Count Florida, Count and Ton D'Aiuto d/b/a Anti Aircraft Restorations, Lessee,
re a parcel of land upon which the Lessee constructed a han facilit
ITEM BACKGROUND, The Lessee desires to convert the use of the han facilit and the
leasehold which is the subject of the ori lease and its amendments from commercial aeronautical
to private use to make additional improvements on the parcel and to extend the lease term.
PREVIOUS RELEVANT BOCC ACTION: June 14, 2000, the parties entered into a 20 y ear lease
a ori lease, to allow Lessee to construct facilities re b subsection VI(D)(4) of the
Count Revised Standards for Commercial Aeronautical Activities for Aircraft, En Propeller, .
and Accessor Maintenance Services. September 18, 2002, the parties entered into an amendment
extendin the date b which construction of the facilities had to be completed. Februar 19, 2003, the
parties entered into a second amendment providin for a second extension of the completion date for
the cox struction. of the facilities. Februar 21, 2007, the parties executed the third amendment
providin for the construction of a G.A. apron and settin forth the responsibilities of each part in
connection therewith. Jul 18,, 2007, the parties executed the fourth amendment allowin Lessee to
pr ovide additional aeronautical services. June 17, 2009, the Lessee leased the former Mos
rovi
Control Han from the Count and relocated all of the Lessee's commercial aeronautical activities to
the Mos Control Han
CONTRACT/AGREEMENT CHANGES,: Chan 'Intended use; prohibits commercial activities
ensures public use and access at no costs to ramp constructed with FAA fundin re
construction/pavin of additional apron area re connection to central sewer s and extends
term to 20 y ears.
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STAFF RECOMMENDATIONS.* Approval
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TOTAL COST: n/a INDIRECT COST. n/a BUDGETED: Yes No
0
DIFFERENTIAL OF LOCAL PREFERENCE. n/a.
0
COST TO COUNTY: SOURCE OF FUNDS.
REVIENUE PRODUCING:Yes X No AMOUNT PER MONTH $831.05 Year L9 -60+CP1
APPROVED BY.* Count Att X OMB/Purchasin Risk Mana
DOCUMENTATION. Included X Not Re
DISPOSITION.
......... . .......... .. . . .. . . . AGENDAITEM#
MO ROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Antioue Aire-raft
Contract #n/a n/a.
Effective Date: Januar 19, 2012
Expiration Date: Januar 1.8, 2032
Contract Purpose/Description:
Fifth Amendment to Lease A Chan intended use prohibits commercial
activities; ensures public use and access at no costs to ramp constructed with FAA
fundin re construction/pavin of additional apron area; re connection to
central sewer s and extends term to 20 vears.
Contract Mana Re Paros 6060 APM/#15
(Name) (Ext.) (Department/Stop #)
for BOCC meetin on 1/19/2012 Agenda Deadline: 1/3/2012
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CONTRACT COSTS
Total Dollar Value of Contract,: $ 1. 99,452+ Current Year Portion: $ 9,972.60+
Bud Yes[ No Account Codes:
Grant:$ n/a
Count Match.- $ n/a
— - - - --------
ADDITIONAL COSTS
Estimated On Costs: $n/a/ For: rya
(ot included in value above ( e g . maintenance, utilities i anitonal, salaries, etc.
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CONTRACT REVIEW
Chan Date Out
Date In
Needed Reviewer
Division Director
Yes[:] No[:]
Risk Mana
YesE] DoE] .....................
O.M.B./Purchasin
Yes[:] No[:]
Count Attorne 1/5/12
YesR NoE
Comments:
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U SE AGRE
TONY D'AIUTO d/b/a Anti Aircraft Restorations
THIS F AMENDMENT (hereinafter "Amendment!" 'is made and entered M*to this 19*
da of Januar 2012, b and between MONROE COUNTY, a political subdivision of the State Of
Florida (hereinafter ""Count and TONY DAIUTO d/b/a Anti Aircraft Restorations, (hereinafter
Lessee or Tenant
WITNESSETH
WHEREAS., on the loth da of June, 2000, the parties entered into a 20 y ear lease a
to allow lessee to construct facilities re b subsection VI(D of the County's Revised
Standards for Commercial Aeronautical Activities for Air Engine Propeller, and Acces s
ory
Maintenance Services at the Marathon Airpo hereafter ori lease. cop*
ies, of the ori lease are
attached to this amendment and made a part of it; and
WHEREAS, on the 18'hda Of September 2002 the Count and the Lessee entered in to an
amendment, attached hereto and made a part hereof, to the lease extendin the date by w ho
construction of the facilities had to be completed- and
WIEREAS, on the 19th da of Feb nmr 2003 the Count and the lessee ente in
to a .
second amendment, attached hereto and made a part hereof, to the lease providin for a second .
extension of the completion date for the construction of the facilities, and
WHEREAS, on the 21"' da of Februar 2007 the parties e xecuted the third
amendment,.
attached hereto and made a part hereof, to the ofi lease a providin • for the construction.
of a G.A. apron and settin forth the responsibilities of each part in con nection
therewith and
WHEREAS, on the 18" da of Jul 2007 the parties executed the fourth amendment attached .
hereto and made a part hereof, to the ofi lease agreement allow* Lessee to provide additional.
Ing
aeronautical services; and
WHEREAS, on the 17'h da of June 2009 Lessee leased the former Mos Contr
I Han .
from the Count and relocated all of the Lessee's commercial aeronautical activities to the Mos
Control Han and
WHEREAS,, the han facilit w hich is the subject of the aforemen ori lease and
its amendments, is no lon needed fo commercial aeronautical activities and
WHEREAS, Lessee desires to convert the use of the han facHit and the leasehold which is
the subject of the aforementioned * to
onginal lease and its amendments from commercial aeronautical
pnvate use
NOW, THEREFORE., in consideration of the mutual prom'
ises and covenants set forth below
V
the parties a to amend the ori lease as follows:
1. Paragraph I b) of the ori lease is amended to read a f ollows .
The Lessee ma onl use the premises for the stora han and activities M*cidental
thereof of Lessee's aircraft with the exception of the two ( 2 ) present tenants listed m paragraphs
below,, who may continue their present activities onl This excePt on w'11 • terminate at the end of this
lease period.
a. Darren Crews — D.C. Aircraft Services; and
b. Paul Goodwin — Conch Air
Lessee is strictl prohibited from engaging in or otherwise providin an commercial activities
as set forth in the Minimum standards for commercial aeronautical activities b fixed base operators
and other aeronautical service providers at Monroe Count airports in either the han or the ramp
and apron area surroundin the han
Lessee shall not den public use or access nor re pa of a fee whatsoever for public
use or access to the ramp area surround* the facilit as it is an FAA desi public use area.
Ing
2• Lessee a to pave an area, as depicted in Exhibit A attached hereto and made a part hereof,
of approximatel 6,258 s feet on southwest side of the existin han Lessee shall be solel
responsible for an and all costs and expenses associated with the desi permittin and pavin of the
apron area. Lessee shall • be responsible for obtainin and compl with, all permitti re 0
M9
for the pav quirements
Ing of the a pron area. Before • be an activit incident to pavin and/or constructs
Lessee shall submit the apron pavin plans to the Airport Mana for approval. Lessee ma use either
concrete or asphalt material for the apron surface. Lessee shall complete pavin of the apron b
Januar 19, 2014. Pavin shall be deemed to have been completed when Lessee has called for and.
passed ftal inspection from the permittin authorit
Lessee a to connect the existin han facilit to the Marathon Central sewer s at.
such time as central sewera is available. Central sewera will be deemed to be available upon.
notification, pursuant • to Cit Ordinance, from the City of Marathon indicatin that connect• ion to the.
central sewera s s available and/or required. Lessee shall • be solel responsible for all costs .
and expenses associated with connection to the Cit of Marathon central sewera s M*cludin
the decommissionin of Lessee's septictsewera s
3 If the Lessee does not pave the apron area or if the pavin of the apron area has not been.
completed as set forth 'in para 2 above, the term of the lease • shall be as stated in the June 14'..
2000 on' lease. If the Lessee completes the pavin of the apron as set forth in para 2 above
Paragraph 2. a) of the ori lease is amended to read as follows--
2. a) The term of this lease 'I's for 20 y ears be 2 • on Januar 19 , 2012 and termI • n ' atin
on
Januar 18, 2032 unless terminated sooner as provided"herein,
4. All other provisions of the June 14, 2000 ori lease, September 18, 2002 lease amendme
Februar 19, 2003 lease amendment, and Februar 21"' lease amendment not *
in Inconsistm erew thl
hi
shall remam* F. full force and effect.
THE REMAINDER OF TIHS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
N
IN WUNESS WHEREOF, each part has caused this Amendment to Lease A to be
executed b its dul authorized representative.
(SEAL
ATTEST.,, DANNY L. KOLHAGE, CLERK
UrA
Deput Clerk
N
B
Tit I e _x' - >
Loolm
Ma David Rice
TONY DARJTO d/b/a
Ant i A t*rCraft Restorations
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