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Item S1 S.1 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: S.1 Agenda Item Summary #5762 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200 10:45 A.M. AGENDA ITEM WORDING: Approval of Tenth Amendment to the Marathon Fixed Base Operator (FBO) agreement with Grantair Services, Inc. d/b/a Marathon Jet Center (MJC) to lease a parcel of land at the Florida Keys Marathon International Airport for the FBO to relocate the existing fuel farm and to erect two (2)new six-unit hangar buildings for small and midsize aircraft. ITEM BACKGROUND: The current location of the fuel farm on the MJC ramp reduces the space available for parking of aircraft. Relocating the fuel farm will enhance safety and improve operational efficiency at the Airport, and the FBO has agreed to be solely responsible for all costs associated with the fuel farm relocation. To offset the costs the FBO will incur, the airport seeks County approval to lease a parcel of land large enough for the FBO to erect the relocated fuel farm and two (2) six-unit hangar buildings, and in exchange, the FBO shall immediately begin paying additional rent to the Airport. Upon completion of the fuel farm, the FBO will begin paying the market rate for the additional parcel. PREVIOUS RELEVANT BOCC ACTION: The Lease agreement between Grantair Services, Inc. and Monroe County has been in effect since April 10, 1998. Most recently amendment 49 was approved on August 17, 2016. CONTRACT/AGREEMENT CHANGES: Adds add'l parcel of land for $1000/mo. and upon relocation of the fuel farm rent will go to same market rate as FBO parcel STAFF RECOMMENDATION: Approval. DOCUMENTATION: Grantair(MJC) IOth Amendment FINANCIAL IMPACT: Packet Pg. 3270 S.1 Effective Date: July 17, 2019 Expiration Date: April 9, 2028 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $7,106.00/mo. (parcel shown in Exh. A) and$1,000.00/mo. (parcel shown in Exh. B) Grant: County Match: Insurance Required: Additional Details: n/a REVIEWED BY: Richard Strickland Completed 07/06/2019 1:43 PM Pedro Mercado Completed 07/08/2019 8:45 AM Budget and Finance Completed 07/08/2019 8:46 AM Maria Slavik Completed 07/08/2019 11:33 AM Kathy Peters Completed 07/08/2019 12:29 PM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 3271 S.1.a TENTH AMENDMENT TO MARATHON FIXED BASE OPERATOR(FBO)AGREEMENT WITH GRANTAIR SERVICE,INC. THIS TENTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base Operator (FBO) agreement (hereinafter "agreement") is made and entered into this 17u' day of July, 2019, 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"or"MJC"). WITNESSETH WHEREAS, on the 10th 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, April 21, 2010 and August 17, 2016 to provide Fixed Base Operations at the Florida Keys Marathon International Airport(hereinafter"Airport"); and WHEREAS, the Marathon Jet Center(MJC)fuel farm is currently located on the MJC parking ramp; and t� WHEREAS, the location of the fuel farm on the MJC ramp reduces the space available for parking of aircraft and requires that MJC personnel maneuver around the fuel farm FBO in order to park aircraft;and WHEREAS, the county finds that relocating the fuel farm will enhance the safe and efficient operations at the airport; and WHEREAS, the FBO has agreed to be solely responsible for all the costs associated with the relocation of the fuel farm;and WHEREAS, in order to help offset the costs the FBO will incur in relocating the fuel farm the county has agreed to lease to the FBO a parcel of land large enough to erect the fuel farm as well as two(2)new six-unit hangar buildings for small and midsize aircraft; and WHEREAS, upon execution of this amendment the FBO shall immediately begin paying additional rent to the Airport which will enhance the airport's financial sustainability; 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 1) of the original lease is amended read as follows: 1) The County leases to the FBO 2 individual parcels, also referred to as premises, at the Florida Keys Marathon International Airport as depicted in Exhibit A and Exhibit B, both dated July 17, 2019. Upon execution of this 101 amendment the FBO is hereby authorized to decommission and dismantle the fuel farm located on the parcel depicted on Exhibit A following the construction of a new fuel farm on the parcel depicted on Exhibit B. FBO is hereby further authorized to construct two (2)new six-unit hangar buildings for small and midsize aircraft on the parcel depicted on Exhibit B. Packet Pg. 3272 Section 2. Paragraph 3) of the original lease is amended by revising the following subparagraph to read as follows: b) Upon execution of this amendment, the FBO shall pay monthly rent for the premises depicted in Exhibit A, on an arrears basis, in the amount of$7,106.00 per month. The FBO shall also pay monthly rent for the premises depicted in Exhibit B, on an arrears basis. The initial rent shall be $1,000 per month and shall increase to, $4,278.50 per month upon completion of the relocated fuel farm, ("completion" for purposes of this amendment shall be defined as the day upon which fuel is first received at the fuel farrn). All rents shall be subject to the CPI provisions contained in the Ninth amendment dated August 17, 2016. E 'a Section 3. Paragraph 3) of the original lease: is, amended by amending and adding the following subparagraph(s): E g) Every five (5) years after the execution of this amendment a fair market value appraisal shall be conducted to ensure that the market rate for the entire premises is keeping up with the market rate for similar FBO properties. h) Any improvements made by the FBO to the premises automatically become the property of the County upon the termination of this lease. i) 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 8th amendment the term of this agreement is extended an additional 10 years and terminates on April 9, 2028. E b)l If Grantair completes construction of the new (approximately 9,600 sq. ft) FBO terminal by E January 31, 2024 then this lease terminates on April 20, 2046, Construction of the new FBO terminal must conform to the July 20�16 Proposed FBO Design attached as Exhibit A to the 91h Amendment. 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 April 20, 2046. E Section 5. 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 and August 17, 2016 ninth amendment not inconsistent herewith, shall remain in full force and effect. 2 Packet Pg. 3273 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.- KEVENMADOK, CLERK. OF MO ROE COUNTY,FLORIDA By By Deputy Clerk Mayor/Chairrnan E 'a ATTEST: GR. NTAIR S,ERVI ES, INC. 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