3rd Amendment 02/21/2007
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 9, 2007
TO:
Reggie Paros, Director
Housing & Community Development
Florida Keys Marathon Airport Manager
ATTN:
FROM:
Stacy DeVane, Executive Assistant
Pamela G. Hanco~
Deputy Clerk
At the February 21, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
.IThird Amendment to Lease Agreement between Monroe County and Tony D'Aiuto d/b/a
Antique Aircraft Restorations regarding funding responsibility to construct the east General
Aviation apron at the Florida Keys Marathon Airport.
Seventh Amendment to Marathon Fixed Base Operator (FBO) Agreement between
Monroe County and Grantair Service, Inc regarding funding responsibility to rehabilitate the west
General Aviation apron at the Florida Keys Marathon Airport.
Enclosed is a duplicate original of each of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: Coullty Attorney
Finar'1e
File"
THIRD AMENDMENT TO LEASE AGREEMENT
TONY D'AIUTO d/b/a Antique Aircraft Restorations
THIS THIRD AMENDMENT (hereinafter "Amendment") is made and entered into this 21st
day of Februarv, 2007, by and between MONROE COUNTY, a political subdivision of the State of
Florida (hereinafter "County"), and TONY D'AIUTO d/b/a Antique Aircraft Restorations, (hereinafter
Lessee or Tenant).
WITNESSETH
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 ofthe original lease are
attached to this amendment and made a part of it; and
WHEREAS, the parties desire to construct a General Aviation (hereafter G.A.) apron upon
Lessee's currently leased property; and
and
WHEREAS, the County is willing to pay for 95 % using funding being provided by the FAA.;
and
WHEREAS, Antique Aircraft Restorations is willing to commit to funding the remaining 5% ;
WHEREAS, the County has entered into a contract for purposes of constructing a G.A. Apron
upon Lessee's currently leased property
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
I. The County and the Lessee agree that if F.A.A funds are used to construct a G.A. apron on the
Lessee's currently leased premises, Lessee shall be responsible for payment of 5% of the total project
costs.
2. The County agrees to pay for 95% of the all the construction costs of the G.A. apron as
approved by the F.A.A. and using F.A.A. funds. Payment applications will be processed through the
Airports Business office. Upon receipt of contractor's payment application, a copy will be provided to
Lessee. Lessee shall furnish a check for 5% of the application amount to the Business Office. The
Business Office will then forward the approved payment application, with the check from Lessee to the
County Finance Department for review and payment.
3. All change orders must be approved by the F.A.A. If the Lessee wishes to proceed with a
change order not approved by the F.A.A., then Lessee will be responsible for the entire cost of the
item.
4. Any costs which exceed funding provided by the original F.A.A. grant will be paid entirely by
the Lessee.
5. Upon completion, the G.A. apron shall become the property of the County.
6. In addition to paragraph 10 of the original agreement, the County may treat the Lessee in
default and terminate this amendment and the original June 14, 2000 1998 Lease Agreement if the
Lessee fails to timely submit the payments required of it under paragraph 1,2,3 and 4 of this
amendment. Before the County may terminate the Agreement under this paragraph, the County must
give the Lessee written notice of the default stating that, if the default is not cured within 10 days of
the Lessee's receipt of the written notice, then the County will terminate this Agreement. The
termination of this Agreement does not relieve the Lessee from an obligation to pay whatever damage
the County suffered because of the Lessee's default.
7. All other provisions of the June 14,2000 original lease, 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)
ATTEST: DANNY L. KOLHAGE, CLERK
(Jg'" ~I ~
B' "..... ...........
eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~4~
Mayor/Chairman
ATTEST:
TONY D'AIUTO d/b/a
Antique Aircraft Restorations
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