2nd Extension 9/15/2010DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: September 27, 2010
TO: Reggie Paros, Manager
Florida Keys Marathon Airport
ATTN: Stacy De Vane, Executive Assistant
FROM: Isabel C. DeSantis, D.C. ),/_�
At the September 15, 2010, Board of County Commissioner's meeting the Board granted
approval of the following:
Second Extension of Time to Lease Amendment with Coast FBO, LLC, Fixed Base
Operator (FBO), at Florida Keys Marathon Airport
Enclosed is a duplicate original of the above -mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
SECOND EXTENSION OF TIME TO LEASE AMENDMENT
This Second Extension Of Time To Lease Amendment is entered into this 15th day of
SEPTEMBER, 2010, by and between MONROE COUNTY, a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereafter COUNTY), and
COAST FBO, LLC., a corporation, whose address is 9850 Overseas Highway, Marathon, Florida
33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the COUNTY entered into a 20 year lease (the Original Lease)
with the FBO's predecessor in interest whereby the FBO is to provide fixed base operations service at
the Florida Keys Marathon Airport (FKMAP). A copy of the original lease is attached as Exhibit A
and made a part of this amendment; and
WHEREAS, the original leasehold has been conveyed and the lease has been assigned to the
FBO; and
WHEREAS, the FBO'S predecessor in interest executed a lease amendment dated December
19, 2001 in order to provide additional hangar and ramp space; and
WHEREAS, by its terms, the December 19, 2001 amendment became void when the FBO's
predecessor in interest failed to build a hangar within 2 years of the effective date of the amendment;
and
WHEREAS, the predecessor in interest continued to occupy and use the leasehold parcel as a
ramp area on a month to month tenancy which the FBO has continued; and
WHEREAS, on April 15, 2009, the FBO and the County executed a new lease amendment
which requires that the FBO build a corporate hangar on said parcel within 2 years of the execution of
the new lease amendment: and
WHEREAS, the FBO desires to build a corporate hangar in excess of 5,000 square feet which,
under County land development regulations, will require a major conditional use permit; and
WHEREAS, a major conditional use is a prolonged permitting process; and
WHEREAS, the FBO has requested that the major conditional use permit processing time be
excluded from the 2 year time deadline set forth in the April 15, 2009 Lease Amendment; and
WHEREAS, the County and the FBO entered into an Extension of Time to Lease Amendment
to allow the major conditional use permit process to run its course without penalty to the FBO; and
WHEREAS, the FBO cannot complete the major conditional use permit application until a final
determination on an aeronautical study of departure surface areas is received from the FAA; now,
therefore
In consideration of the mutual covenants and promises set forth below, the parties agree as
follows:
SECTION 1. The FBO shall submit a complete major conditional use permit application by
March 30, 2011. This Second Extension Of Time To Lease Amendment shall become void if a
major conditional use permit application is not submitted by the aforesaid date. If a major
conditional use permit application is not submitted by the aforesaid date the FBO shall be
bound by the terms of April 15, 2009 Lease Amendment. For purposes of this amendment void
shall be defined as "an instrument which is wholly ineffective, inoperative, and incapable of
ratification and which thus has no force or effect so that nothing can cure it." Black's Law
Dictionary, 61h edition (1991).
SECTION 2. The FBO shall have 2 years from the date the FBO has been informed by the
County that the major conditional use has been approved and the major conditional use permit
is available for pick up, to build the hangar and obtain a certificate of occupancy.
SECTION 3. Except as specifically provided for in this Extension Of Time To Lease
Amendment, all of the terms and conditions of the April 15, 2009 Lease Amendment and the
April 6, 1998 Original Lease remain in full force and effect.
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative the date first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
I:
Deputy Clerk
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