12. 1st Amendment 12/13/2017C' .,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: December 19, 2017
TO: Beth Leto, Airports
Business Manager
FROM: Pamela G. Hancock, D.C.
SUBJECT: December 13th BOCC Meeting
Enclosed are two duplicate originals of Item C9, 1st Amendment to Lease Agreement with
Federal Express Corporation (FedEx) changing the 8,842 square foot ramp space (aircraft apron)
adjacent to the air cargo building from exclusive lease space to preferential use so that the ramp
will be eligible for A.I.P grant funding for the Commercial Ramp Rehabilitation Project at the
Key West International Airport, for your handling.
Should you have any questions, please feel free to contact me at ext. 3130. Thank you.
cc: County Attorney
Finance
File
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305 - 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305 - 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
V AMENDMMENT TO LEASE AGREEMENT
KEY WEST INTERNATIONAL AIRPORT
Federal Express Corporation
THIS 1st AMENDMENT TO LEASE AGREEMENT is made and entered into on this �. tO
day of Sept 2017, by and between MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" and FEDERAL EXPRESS CORPORATION,
hereinafter referred to as "FEDEX."
WHEREAS, on March 18, 2015 the COUNTY and FEDEX entered into a Lease Agreement
(hereinafter "Original Agreement ") at the Key West International Airport, located in Key West,
Monroe County, Florida, hereinafter referred to as "AIRPORT," and
WHEREAS, the COUNTY is in the process of completing a commercial ramp rehabilitation
project, and
WHEREAS, the commercial ramp rehabilitation project is being funded by an A.I.P. grant,
and
WHEREAS, both parties desire that the ramp (aircraft apron) area adjacent to the air cargo
building be included in the commercial ramp rehabilitation project, and
WHEREAS, both parties desire to amend the lease in order to make the ramp (aircraft apron)
adjacent to the air cargo building eligible for the A.I.P. funded commercial ramp rehabilitation project,
NOW, THEREFORE, in consideration of the premises and of mutual covenants and promises
hereinafter contained, the parties hereto do hereby agree as follows:
SECTION 1. Article 1, Premises. of the Original Agreement is amended to read as follows;
1. Premises. COUNTY does hereby lease to FEDEX, and FEDEX. leases from the
COUNTY, the Air Cargo building presently located at _the Airport, containing two thousand, nine
hundred, seventy—three (2,973) sq. ft, of gross building area, and nine thousand, five hundred thirty -
five (9,535) square feet of open land adjacent to the building. FEDEX shall receive "Preferential Use"
of the aircraft apron measuring approximately eight thousand, eight hundred forty -two (8,842) square
feet as indicated on the drawing labeled as Exhibit "A" attached hereto and made a part , hereof
( "Preferential Use Apron Area ").For purposes of this Amendment, Preferential Use shall mean that at
those times that FEDEX has no aircraft parked on one or more aircraft parking positions in the area,
the COUNTY may authorize others to use and assign other aircraft to park in the Preferential Use
Apron Area, but in no event shall said use by others take precedence over FEDEX's use. FEDEX shall
have the right to locate any number of aircraft within the Preferential Use Apron Area for the purpose
of loading, unloading, servicing, or parking aircraft. FEDEX shall not park aircraft in such a manner
as would prohibit access, ingress, and egress to and from all aircraft parking positions by aircraft, ramp
equipment, and traffic of other airlines.
SECTION 2. Article 4, Rentals and Fees. of the Original Agreement is amended to read as
follows;
4. Rentals and Fees For each year during the term of this lease, FEDEX shall pay to
the COUNTY, rent in the following amounts:
a) for the area of two thousand, nine hundred seventy -three (2,973) square feet, in
the existing Air Cargo building;
Year 1 (Oct. 1, 2014 - Sept. 30,, 2015) Three Thousand, Nine Hundred Sixty -Four and 00 /100
Dollars ($3964.00) per month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) Four Thousand, Two Hundred One and 84/100 Dollars
($4,201.84) per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 - Sept. 30, 2017) Four Thousand, Four Hundred Fifty -Three and 95/100
Dollars ($4,453.95) per month rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 - Sept. 30, 2018) Four Thousand, Seven Hundred Twenty -One and 19/100
Dollars ($4,721.19) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept. 30, 2019) Four Thousand, Eight Hundred Sixty -Two and 82/100
Dollars ($4,862.82) per month rent plus applicable sales tax.
b) for an area of nine thousand, five hundred thirty -five (9,535) square feet of open
land adjacent to the Air Cargo building, for use for loading, unloading, and parking of automotive
vehicles;
Year 1 (Oct. 1, 2014 - Sept. 30, 2015) One Thousand and 00 /100 Dollars ($1,000.00) per
month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) One Thousand, Sixty and 00/100 Dollars ($1,060.00)
per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 - Sept. 30, 2017) One Thousand, One Hundred Twenty -Three and 60/100
Dollars ($1,123.60) per month rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 - Sept. 30, 2018) One Thousand, One Hundred Ninety -One and 02/100
Dollars ($1,191.02) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept. 30, 2019) One Thousand, Two Hundred Twenty -Six and 75/100
Dollars ($1,226.75) per month rent plus applicable sales tax.
c) for an area of Preferential Use of eight thousand, eight hundred forty-two
(8,842) square feet of aircraft apron adjacent to the Air Cargo building;
Year 1 (Oct. 1, 2014 Sept. 30, 2015) One Thousand, Five Hundred and 00 /100 Dollars
($1,500.00) per month rent plus applicable sales tax,
Year 2 (Oct. 1, 2015 - Sept. 30, 2016) One Thousand, Five Hundred Ninety and 00/100 Dollars
($1,590.00) per month rent plus applicable sales tax,
Year 3 (Oct. 1, 2016 - Sept. 30, 2017) One Thousand, Six Hundred Eighty -Five and 40/100
Dollars ($1,685.40) per month rent plus applicable sales tax,
Year 4 (Oct. 1, 2017 - Sept. 30, 2018) Eight Hundred Ninety -Three and 26/100 Dollars
($893.26) per month rent plus applicable sales tax,
Year 5 (Oct. 1, 2018 - Sept. 30, 2019) Nine hundred twenty and 06 /100 Dollars ($920.06) per
month rent plus applicable sales tax.
Rent for items a, b, and c shall be paid in equal monthly installments, all of which shall be due
and payable on or before the first day of each calendar month during which this lease is in effect.
Upon the failure of FEDEX to pay any installments when due, the COUNTY will be entitled to charge
and collect, and FEDEX will be obligated to pay, a late fee of two percent (2 %) of any such amount, if
paid within thirty (30) days of the date due, and five percent (5 %) of any such amount, not paid within
thirty (3 0) days of the date due. Such late fees will be in addition to the amount of rent due. The
acceptance by the COUNTY of the overdue rental installment plus applicable late fees shall cure what
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would otherwise constitute a default by FEDEX under the terms of this lease, The COUNTY, at its
option, however, may refuse a proffered overdue rental installment and late fees, declare a default, and
proceed according to paragraph 36 of this lease. In the event that any check, draft, or negotiable
instrument by which FEDEX has tendered any rent payment is returned to the COUNTY and not
honored, whether for insufficient funds or, other reason, the COUNTY will be entitled to charge and
collect, in addition to any applicable late payment fees as provided above, a fee of Twenty -five Dollars
($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of
rent due. The acceptance by the COUNTY of the rental payment plus any applicable late fee and
penalties following the receipt of a dishonored instrument shall cure what would otherwise constitute a
default under the terms of this lease. The COUNTY, at its option, however, may refuse any proffered
rental installment and applicable late fees and penalties, declare a default, and proceed according to
paragraph 36 of this lease.
SECTION 3. All other provisions of the March 18, 2015 Original Lease Agreement not
inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this lease to be executed this I6A& day
of , 2017.
ATTEST Kevin Madok, CLERK
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Deputy Clerk
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Witness
Witness
FEDERAL EXPRESS CORPORATION
( TI(A.-I Approved
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BOARD OF COUNTY COMMI @IDNER$,
OF MONROE COUNTY, FLOR
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FEDERAL EXPRESS CORPORATION
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