1st Amendment 09/18/2002
Cled( of die
Circon coon
Danny L. Kolhage
Clerk of the Circuit Court
Phone: (305)~3550
FAX: (305)295-3663
e-rnall: phancock@rnon~lerk.com
Memorandum
TO:
Reggie Paros, Director
Public Safety Division
ATTN:
Stacy DeVane
Executive Assistant
FROM:
Pamela G. Hanc~
Deputy Clerk lY
DATE:
December 6, 2002
At the September 18, 2002, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Lease Agreement between Monroe County and
Tony D'Aiuto, d/b/a Antique Aircraft Restorations, for a 180 day extension to construct a maintenance
hangar at the Florida Keys Marathon Airport.
Enclosed are four duplicate originals of the above mentioned for your handling. Should you have
any questions please do not hesitate to contact this office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File.!
AMENDMENT TO LEASE AGREEMENT
TONY D' AIUTO d/b/a Antique Aircraft Restorations
THIS AMENDMENT is made and entered into this 18th day of Seotember
2002, by and between Monroe County, hereafter County, and TONY D'AIUTO d/b/a Antique
Aircraft Restorations, Lessee or Tenant.
WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease
agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the
County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine,
Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original
lease. Copies of the original lease are attached to this amendment and made a part of it; and
WHEREAS, the parties desire to amend original agreement; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows:
1. Paragraph 3. a) of the original agreement is amended to read:
3. a) By December 31, 2002, the lessee must have built, and obtained a
certificate of occupancy for, the facilities required by subsection VI(D)( 4) of the
County's Revised Standards for Commercial Aeronautical Activities, a copy of
which is attached to the original lease and incorporated as Exhibit B of the
original lease. In order to assure that the facilities are, in fact, timely completed,
the Lessee must adhere to the following construction schedule:
1) By June 30, 2001, a complete application (complete as determined
by the Monroe County Planning Department) for a conditional use must be filed
with the Monroe County Planning Department;
2) By December 31, 2001, all necessary permits must have been
received and facilities construction begun;
3) By December 31, 2002, the facilities must be complete, inspected
and a certificate of occupancy received.
The construction schedule set forth above are material terms and conditions of
this lease. The failure of the Lessee to meet the construction schedule - at any
step - is a material breach of this lease that entitles the County to terminate the
lease under paragraph 10. The FKMAP Director may (but is under no obligation to
do so) extend the construction schedule dates because of circumstances beyond
the control of the Lessee such as hurricanes or other natural disasters.
2. Paragraph 4 of the original agreement is amended to read:
4. During the first two years and six months of this lease, while the facilities
required in paragraph 3 are under construction, the Lessee may provide the services described
in subparagraph 1 (b) from a mobile vehicle or on other parcels at the FKMAP where the Lessee
has the permission of the tenant(s). The authorization provided by this paragraph 4 is
temporary and terminates on December 31, 2002, unless the construction schedule for facilities
has been extended by the FKMAP Director.
3. The Lessee will perform all maintenance in accordance with the Federal
Environmental Protection Agency (EPA), the Florida Department of Environmental Protection
(DEP) Regulations and Monroe County Marathon Airports National Pollution Discharge
Elimination System permit and Storm Water Pollution Prevention Plan utilizing Best Management
Practices. Copies of Regulations, Permits, Plans and Practice materials may be obtained at the
Airport Administration Office
4. Except as set forth in this amendment to the original lease agreement in all other
r~ects the terms and conditions of the original agreement remain in full force and effect.
~o~"" , TNESS WHEREOF. each party has caused this Agreement to be executed by its
(({ ~ - representative.
lO
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BOARD OF COUNTY COMMISSIONERS
OF MONROE CO TY I FLORIDA
By
Mayor/Chairman
ATTEST:
TONY D I AIUTO d/b/a
Antique Aircraft Restorations
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