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Item C06upd atr.� County of Monroe dBOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 The Florida Keys Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Number: C.6 Agenda Item Summary #1899 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809-5200 none AGENDA ITEM WORDING: 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 on April 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. ITEM BACKGROUND: The FBO terminal building, including hangar and office space, is in need of significant repairs due to its age. Because of this, the FBO has proposed to rebuild, enlarge and modernize the FBO terminal at a cost of between $1.5 and $2 million dollars. When Grantair Service, Inc. completes construction and obtains the Certificate of Occupancy (CO), the termination of this lease will be extended to April 20, 2046. 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. Grantair must complete construction and obtain a CO no later than April 9, 2028 otherwise the existing term will remain in effect and the lease will terminate on April 9, 2028. In no event will the termination date be later than April 20, 2046. PREVIOUS RELEVANT BOCC ACTION: April 10, 1998, the parties entered into the lease for a period of twenty years. This lease 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. CONTRACT/AGREEMENT CHANGES: Contract time extension in exchange of Hangar and office space upgrades. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Stamped executed Revised 9th Amendment GrantAir BOCC 8 17 16 (C6) 8 16 16 FINANCIAL IMPACT: Effective Date: 08/17/2016 Expiration Date: 04/20/2046 Total Dollar Value of Contract: Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes fuel flowage revenue per year. Grant: County Match: N/A Insurance Required: Additional Details: REVIEWED BY: If yes, amount: approximately $24,000.00 additional Beth Leto Completed 08/02/2016 4:44 PM Donald DeGraw Completed 08/02/2016 5:12 PM Pedro Mercado Completed 08/02/2016 5:13 PM Budget and Finance Completed 08/03/2016 8:18 AM Maria Slavik Completed 08/03/2016 8:19 AM Kathy Peters Completed 08/03/2016 9:31 AM Board of County Commissioners Pending 08/17/2016 9:00 AM NINTH AMENDMENT TO MARATHON FIXED BASE OPERATOR (FB01 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 17`h 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 1 Oth 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 FBO 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 Jet A fuel sold By the tenth of each month the FBO 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 books, 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 FBO 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 leasebold. 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 8 h 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 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, financing, 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 Apri120, 2046. Section 5. Paragraph 7) of the original lease is amended by revising the following subparagraph to read as follows: a) The FBO 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 FBO 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. ecti n 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 full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be executed by its duly authorized representative. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: AMY HEAVILIN, CLERK OF MONROE COUNTY, FLORIDA Ii A Deputy Clerk ATTEST: ByV'(✓E�oz Title A10 By Title LFb By Mayor/Chairman GRANTAIR SERVICES, INC. By Title�- Kati ERRIC KSON MY t'.QMMSSION 0 FF244M EXPIRES &gist 28, 2010 N071 TU-o� ss .00n, C- OE COU�� \ �'VED A9TC"�� AOj, T� PEDRO J F ;i_ ASSlS F, P1►/16 a�liL BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers, District 3 i �� Mayor Pro Tem George Neugenf District 2 -Me Florida Keys h }, ��� �y �� Danny L. Kolhage, District 1 David Rice, District 4 w Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Number: C.6 Agenda Item Summary #1899 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Donald DeGraw (305) 809-5200 none AGENDA ITEM WORDING: 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 on April 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. ITEM BACKGROUND: The FBO terminal building, including hangar and office space, is in need of significant repairs due to its age. Because of this, the FBO has proposed to rebuild, enlarge and modernize the FBO terminal at a cost of between $1.5 and $2 million dollars. When Grantair Service, Inc. completes construction and obtains the Certificate of Occupancy (CO), the termination of this lease will be extended to April 20, 2046. 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. Grantair must complete construction and obtain a CO no later than April 9, 2028 otherwise the existing term will remain in effect and the lease will terminate on April 9, 2028. In no event will the termination date be later than April 20, 2046. PREVIOUS RELEVANT BOCC ACTION: April 10, 1998, the parties entered into the lease for a period of twenty years. This lease 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. CONTRACT/AGREEMENT CHANGES: Contract time extension in exchange of Hangar and office space upgrades. STAFF RECOMMENDATION: Approval. DOCUMENTATION: Ninth Amendment with Grantair Service, Inc. FINANCIAL IMPACT: Effective Date: 08/17/2016 Expiration Date: 04/20/2046 Total Dollar Value of Contract: Total Cost to County: N/A Current Year Portion: Budgeted: Yes Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: approximately $24,000.00 additional fuel flowage revenue per year. Grant: County Match: N/A Insurance Required: Additional Details: REVIEWED BY: Beth Leto Completed 08/02/2016 4:44 PM Donald DeGraw Completed 08/02/2016 5:12 PM Pedro Mercado Completed 08/02/2016 5:13 PM Budget and Finance Completed 08/03/2016 8:18 AM Maria Slavik Completed 08/03/2016 8:19 AM Kathy Peters Completed 08/03/2016 9:31 AM Board of County Commissioners Pending 08/17/2016 9:00 AM # U.0- .9 r5jil OPT, e existing hangar structure and offices of Marathon Jet Center, located at 8800 Overseas Highwa4Jd bLfild o a �new ffiiswAw-L%6WAv .• ,ic -• -g q.,N VNW wj*ta= same location. As backerou Today, Marathon Jet Center has become one of Florida's preeminent fixed based operators, providing services to over 4,000 high -end jet a�d turbine customers annually. In 2013, MJC was named one of the have received, The purpose of replacing the existingl structure is twofold: The entire building is showing evidence of structural deterioration beyond simple maintenance. Beams supporting the roof are rusted rou h in multiple locations; wall supports are corroding; and sheet metal roof and siding requires replac I ment 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. lhtf • a 140'x 60'structure. T�L- e r room nor M-Tor a conTerence room, s-lT 5—w—e -rs-fo—rp Hots, or many other The proposed building will resolve these problems by building a 150 x 80 structure, including an 88' wid3;r.-nv@'zWAWig�iJr.wW. ilvjlllp*�' and feel of the facility; and provides all of the amenities expected by this market. We have attached architectural elevations and a floor pl,an for your review, While the 1 4 15610173FRI VnI#1.0,011#IIecot "t, C C LC IfM V 151,1re Tse. I ue io the significant investment, MJC is requesting that we have a 91 -e. - -# 1. pletion to date of lease termination with the County for the �he attached exhibits, Prior to commencement, Monroe JJ'X4't final plans and have signoff authority. • WHEREAS, a lease extension will allow the Lessee to amortize the costs of reconstruction; and maximize the cost amortization term. Unless otherwise agreed to in writing the planning, financing, 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. Scction 5. Paragraph 7) of the original lease is amended by revising the following subparagraph 1i read as follows: a) The FBO has the right during the ten-n(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 FBO 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, 1999 original lease, September 28, 2005 sixth amendment, February 21, 2007 seventh amendment and April 21, 2010 eight amendment not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to executed by its duly authorized representative. I (SEAL) ATTEST: AMY HEAVILIN, CLERK By Deputy Clerk I Mayor/Chairman GRANTAIR SERVICE, INC. Q�rr1 ^,)rYys( �aarxaszalv«f�i)Aivo1l1� q r a�! �)1,:, rJr lir 'A"I' • / O Design AALLIED BUILDING ORDER S7EEL BUILDINGS Hiller Carbon - Marathon Hanger 061012016 . .......................... PRojEcr050M—N— CONTACT Hiller Carbon Marathon, L F33050 Wesley Hiller 813-785-393 VVPIRVLHMP.r. =g_1 N-d!rbld&Aldle . T,�599-34Fb5 - F.�9-MM . iroroVA-MVIM w ALLIED BUILDING ORDER A.i+'I��4 STEEL pud� /W.I., vote wiflo'. BUILDINGS H liter Carbon -Marathon Hanger 06/02/2016 DEFLECTIONS IDIMENSION5 BUILIDINGCOCIE FBC 2014 n[!!r._ Wmd 180 roph E�­ C EWC.6-1 E1180 F­�Ilct.l M'24' EW an— E 1240 F—V.d.1 N`2" IIIIIIIIIIIIIIJW ­r, 11-1 SoI W. D E1240 F­�koac M " 30 psf 12'r We I C.11,0­1 b.d 2,1 —FP"MI 01240 From Cam 0t. NVA - Normal III E�d.­ dosq. L!a_ I Enolo-d W.1p..l 1240 1240 WmdFnmwnq N'240 setu. I Per Wofft.1 FRAMETYPE - ---------------- Column Rafter FrameShape Framing Finish C]T.p—d mQbw R:dd 0: 0: Pu­rf pT,pelld sp-1 ospecal 05,em Rdo.ld. F,.--d 0".kg, Endwall Column Spacing SIdewall Say Spacing LEW 16-0", 10 bays at 8'-9 5/8", 16-13' 12'4% 20'4% 2 bays at 24' RIW interior Modules E]cew van 3 svp,on wkgw vaong 6 bays at 20' LEW El 13 Q KEW 171 E] 13 01 11 01 Zee Zee Zee Zee FSW 171 01 Zee l iI NE L E3 PM Ej p 1. go 9A $1-d" Akd_.Idlk�­l Z N'A noth.. ERWr ROF PANEL COLOR WALL PANEL COLOF Aditlnft dftllld) QML— SMP �MA MOW— O�ffi..d d— 6" Wine_ V­bfio� Wd memW� Qqlghl.g 111212M do.,upo E)W 4" old,ld G-11 —D.—p— I 111114.1KIA14 Weather Lack Roof System Allied Sun Guard Wall Panels W'm A L L I EN K" We STEEL BUILDINGS PROJECTNOTES Kid kl"'14 (3) Set of Anchor Rod Plans for Construction, Stamped & Sealed (3) Set of Erection Drawings for Construction, Stamped & Sealed (1) Set of Calculations for Construction, Stamped &Sealed (1) Letter of Certification for Construction, Stamped & Sealed To avoid steel, freight or material increase, customer agrees to take delivery on or before XXJXXJXXXX. Support for Bi-Parting Hanger Door provided by door manufacturer, Hanger Door W x 27 6-Leaf included in the building price. 30' x W x 24' Lean -To Attaching to the Rear Side Wall of the Hanger. 3U x BU Mezzanine in Lean-'ro - Includes - Design, Beams, Support Columns, Edge Angle, 26 go 9116 Form -Decking, Joists, and Beam. Designed for 4' Concrete (BY OTHERS) 119 Clearance under and above Mezzanine, Design Loads: Live Load - 120 psf / Dead Load 80 psf / Collateral Load - 5 psf I Partition Load - 5 net have been used for general reference, no guarantee, is made that this quate is in total compliance with these documents. I OFrIONS osmartosa Nam Repvstaw. Da. Barer We AutarkedRepreseftwe Date XIIw WIdlw. T:. F:N Oa N,,Towff=r9rGrA*m-fffw MIN E