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2. 2nd Amendment 04/19/2018C' ., Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: May 15, 2018 TO: Beth Leto, Airports Business Manager FROM: Sally M. Abrams, D.C. SUBJECT: April 19', 2018 BOCC Meeting Attached is an electronic copy of each of the following items: C4 Second Amendment to the Lease with Marathon Landing & Flying Club, Inc., adding 6,250 square feet of leasehold space for paving between the hangar and taxiway. Hangar rent will increase by $750.00 annually; and, on January 1, 2034 the rent will be set at Fair Market Value (FMV). The lease term will be extended by ten (10) years to December 10, 2048. The increased rent from the FMV reset date being advanced four years earlier and the increased leased land will result in approximately $36,000.00 of additional revenue to Monroe County Airports. C5 First Amendment to the Lease with Islands Flying Club, Inc., adding 2,000 square feet of leasehold space for paving between the hangar and the taxiway. Hangar rent will increase by $240.00 annually; and, on December 1, 2024 the rent will be set at Fair Market Value (FMV). The lease term will be extended by (10) ten years to November 18, 2038. The increased rent from FMV reset date being advanced four years earlier and the increased leased land will result in approximately $26,500.00 of additional revenue to Monroe County Airports. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305 - 294 -4641 305 - 289 -6027 305 - 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 - 852 -7145 SECOND AMENDMENT TO LEASE AGREEMENT FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT MARATHON LANDING AND FLYING CLUB, INC. THIS SECOND AMENDMENT (hereafter Amendment) is made and entered into this 19 day of April, 2018, by and between Monroe County, a political subdivision of the State of Florida, whose address is Gato Building, 1100 Simonton Street, Key West, FL 33040 (hereinafter "COUNTY ", "LESSOR" or "OWNER "), and Marathon Landing and Flying Club, Inc., whose address is 2460 Coco Plum Drive, Marathon, Florida, 33050 (hereinafter "TENANT" or "LESSEE "). WHEREAS, on the 1 l t ' day of December 2013, the County entered in to a lease (hereinafter Original Lease) with the Lessee for construction of a new hangar; and WHEREAS, on the 21 day of October 2015 Lessee entered into an amendment granting the Lessee additional time to commence development of the hangar; and WHEREAS, the construction of the hangar is complete and the Lessee is requesting additional leasehold space in order to pave the connector between the hangar and the taxiway, now therefore, IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, the parties agree as follows: SECTION 1. ARTICLE 1 — Premises of the Original Lease is amended to read as follows: 1. Premises. The COUNTY does hereby lease to LESSEE, and LESSEE leases from the COUNTY, approximately 6,300 square feet of land upon which Lessee constructed a hangar located at the Florida Keys Marathon Airport hereafter the premises, as described in Exhibit "A" attached hereto and incorporated herein. In addition, The COUNTY does hereby lease to LESSEE, and LESSEE leases from the COUNTY, approximately 6,250 square feet of land, as shown on Exhibit B, which Lessee shall pave for use as an approach to Lessee's hangar. LESSEE shall be responsible for ANY AND ALL COSTS, EXPENSES AND PERMITTING requirements associated with the paving. Any improvements made by the LESSEE to the premises automatically become the property of the County upon the termination of this lease. SECTION 2. ARTICLE 2 - Term of the Original Lease is amended to read as follows: 2. Term. The term of the lease is for thirty five (35) years beginning December 11, 2013 and terminating December 10, 2048, with an option, at LESSEE discretion, to renew for one additional five (5) year term under the same rate agreement in Article 3. SECTION 3. ARTICLE 3 - Rent of the Original Lease is amended to read as follows: 3. Rent. Rent for the premises depicted in Exhibit A and Exhibit B is $287.41 per month or $3,448.89 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the first day of each month. All rental payments are due at the Florida Keys Marathon Airport Business Office, 9400 Overseas Highway, Suite 200, Marathon, FL 33050. On the 1st of January 2019, and on the 1 St of January every year thereafter, the annual rental sum will be adjusted each year by a percent equal to the increase in the CPI for all urban consumers (CPI -U) above that of the prior calendar year. In the event of a deflationary CPI, no adjustment in the rental rates will be made. On January 1, 2034 or at such time as the leasehold and /or the improvements are assigned, sold or otherwise transferred by Marathon Landing and Flying Club, Inc., the COUNTY shall have the improved property appraised for purposes of establishing the fair market value of the property. Beginning January 1, 2034 or upon assignment, sale or transfer, whichever comes first, rent shall be set at fair market value as determined by the appraisal and will be adjusted January 1st every year thereafter by a percent equal to the increase in the CPI for all urban consumers (CPI -U) above that of the prior calendar year. In the event of a deflationary CPI no adjustment in the rental rates will be made. Section 4. Except as set forth in Sections 1, 2 and 3 of this Second Amendment To Lease Agreement, the original agreement dated December 11, 2013 not inconsistent herewith, shall remain in full force and effect. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. 2 IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in licate by its duly authorized representative. r BOARD OF COUNTY COMMISSIONERS ATTES VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA a BY Deputy Jerk Mayor David vice Date 04 A q • I l b WITNESSES: Marathon Landing and Flying Club, Inc. By ! — — . "-) Le�- �� '- ( A Title s Subscribed and this daMf ROBERT LEWIS KEPT, JR. Notary Public - State of Florida Commission x GG 142794 My Comm. Expires Sep 13.2021 Borded through hadi ralNotaryAssr. 3 Ck: C) J Lti. VC:) D In '. Ci C LU 00 ROBERT LEWIS KEPT, JR. Notary Public - State of Florida Commission x GG 142794 My Comm. Expires Sep 13.2021 Borded through hadi ralNotaryAssr. 3 Marathon Landing and Flying Club, Inc. AIRPORT DIAGRAM Florida Keys Marathon International Airport Lease Exhibit A BOCC - 4/19/2018 Proposed New Hangar 6 60' deep x 80' wide bYC� Hangar to Hangar 7 RUNWAY 25 END separation of 15' UT. 24 W UT. 24'4324.679'N LOT. 091' 3t. LON. 091'03'29.977'W LO 5.2 ( 13 E XIStIn EL 4.6 (MSL) (LOW PT.) RC:IOC __ AVIATION BLVD. -- _----- _�. - - - - -- _- __ AYIAiION BLVD, —� -_ __ RP2� -- WWA7ER - _ —_- MR= I `��• ROFA/BIlL R�/BRL " OFA/BRI, 7 I I OFZ g, RUNWAY 7 -25 5,008' A 100' OR 1 Tro 7 [1 f APRON RETEN i t F 2� L -- — rl -- u -5., -- -------------------------.— LIGHTED WINDSOCK WITH SEGMENTED CIRCLE s' _ cA APRON - c. AMTON J U.S. , -- -- �� LcARGO /NR CARRIER - AIRPORT MTH —ACM Introduction October 1, 201 1-4 and !d Gate 12 0 Marathon Landing & Flying Club, Inc. 2nd Amendment to Lease Exhibit B Monroe County BOCC Lease Document April 19, 2018 w Marathon Landing & Flying Club, Inc. 60' Leasehold 6,300 sq. ft. 11 10 I 50' .T R a �i 0