5th Amendment 01/19/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: January 26, 2012
TO: Reggie Paros, Manager
Florida Keys Marathon Airport
ATTN: Julie Thomson, Executive Assistant
FROM: Isabel C. DeSantis, D.C.
W 11;4-/P
At the January 19, 2012 Board of County Commissioner's meeting the approved the
following:
Item C28 Second Amendment to Lease Agreement by and between Monroe County,
Florida, Lessor, and Tony D'Aiuto d/b /a Antique Aircraft Restoration, Lessee, regarding the
former Mosquito Control Hangar Facility.
Item C29 Fifth Amendment to Lease Agreement by and between Monroe County, Florida,
County, and Tony D'Aiuto d/b /a Antique Aircraft Restorations, Lessee, regarding a parcel of
land upon which the Lessee constructed a hangar facility.
Enclosed are duplicate copies 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
FIFTH AMENDMENT TO LEASE AGREEMENT
TONY D'AIUTO d/b /a Antique Aircraft Restorations
THIS FIFTH AMENDMENT (hereinafter " Amendment ") is made and entered into this 19
day of January, 2012, 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).
WTTNESSETH
WHEREAS, on the 14 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, Propeller, 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, on the 18 day of September 2002 the County and the Lessee entered in to an
amendment, attached hereto and made a part hereof, to the lease extending the date by which
construction of the facilities had to be completed; and
WHEREAS, on the 19th day of February 2003 the County and the Lessee entered in to a
second amendment, attached hereto and made a part hereof, to the lease providing for a second
extension of the completion date for the construction of the facilities; and
WHEREAS, on the 21 day of February 2007 the parties executed the third amendment,
attached hereto and made a part hereof, to the original lease agreement providing for the construction
of a G.A. apron and setting forth the responsibilities of each party in connection therewith; and
WHEREAS, on the 18 day of July 2007 the parties executed the fourth amendment, attached
hereto and made a part hereof, to the original lease agreement allowing Lessee to provide additional
aeronautical services; and
WHEREAS, on the 17 day of June 2009 Lessee leased the former Mosquito Control Hangar
from the County and relocated all of the Lessee's commercial aeronautical activities to the Mosquito
Control Hangar, and
WHEREAS, the hangar facility, which is the subject of the aforementioned original lease and
its amendments, is no longer needed for commercial aeronautical activities; and
WHEREAS, Lessee desires to convert the use of the hangar facility and the leasehold which is
the subject of the aforementioned original lease and its amendments from commercial aeronautical to
private use
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
1. Paragraph 1.b) of the original lease is amended to read as follows:
The Lessee may only use the premises for the storage, hangaring, and activities incidental
thereof of Lessee's aircraft with the exception of the two (2) present tenants listed in the paragraphs
below, who may continue their present activities only. This exception will terminate at the end of this
lease period.
a. Darren Crews — D.C. Aircraft Services; and
b. Paul Goodwin — Conch Air
Lessee is strictly prohibited from engaging in or otherwise providing any commercial activities
as set forth in the minimum standards for commercial aeronautical activities by fixed base operators
and other aeronautical service providers at Monroe County airports in either the hangar or the ramp
and apron area surrounding the hangar.
Lessee shall not deny public use or access nor require payment of a fee whatsoever for public
use or access to the ramp area surrounding the facility, as it is an FAA designated public use area.
2. Lessee agrees to pave an area, as depicted in Exhibit A attached hereto and made a part hereof,
of approximately 6,258 square feet on southwest side of the existing hangar. Lessee shall be solely
responsible for any and all costs and expenses associated with the design, permitting and paving of the
apron area. Lessee shall be responsible for obtaining, and complying with, all permitting requirements
for the paving of the apron area. Before beginning any activity incident to paving and/or construction,
Lessee shall submit the apron paving plans to the Airport Manager for approval. Lessee may use either
concrete or asphalt material for the apron surface. Lessee shall complete paving of the apron by
January 19, 2014. Paving shall be deemed to have been completed when Lessee has called for and
passed final inspection from the permitting authority(ies).
Lessee agrees to connect the existing hangar facility to the Marathon Central sewer system at
such time as central sewerage is available. Central sewerage will be deemed to be available upon
notification, pursuant to City Ordinance, from the City of Marathon indicating that connection to the
central sewerage system is available and/or required. Lessee shall be solely responsible for all costs
and expenses associated with connection to the City of Marathon central sewerage system including
the decommissioning of Lessee's septic/sewerage system.
3 If the Lessee does not pave the apron area or if the paving of the apron area has not been
completed as set forth in paragraph 2 above, the term of the lease shall be as stated in the June 14,
2000 original lease. If the Lessee completes the paving of the apron as set forth in paragraph 2 above,
Paragraph 2. a) of the original lease is amended to read as follows;
2. a) The term of this lease is for 20 years beginning on January 19, 2012 and terminating on
January 18, 2032 unless terminated sooner as provided herein.
4. All other provisions of the June 14, 2000 original lease, September 18, 2002 lease amendment,
February 19, 2003 lease amendment, and February 21" lease amendment 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 has caused this Amendment to Lease Agreement to be
executed by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
B a • By
�iuty Clerk r Mayor David Rice
ATTEST: TONY D'AIUTO d/b /a
Antique Aircraft Restorations
By d‘,_ -- micicvai By
Title O S
M • • C'' N1Y i Y
PEDRO J. M , _ •
ASSIST/05 • • RNEY 1 1 S r Z
- o O
- p CD
O
Fri O
-.J O
3
Exhibit A
I;
11 r.1 14;,r. .3
F.; ,.., E 6417;7 7i ,
oVELL - wt.
11 T - u 1 Z ,.. _l __,
k71 k '
�
N 14 3376.09
E 641796.32
a E
0 PROP. CABLES
/ 1� l T1E-DOWNS
+ .f- --- ---- _ c
•
6
f .
21.0'
6
II
IT11P1.
1
.,rl rat_ L i F -
. . „ N: .10. AN t /
• • '.,E /
/
k1 / \ r
i
J i E a ''
H F xi .t,r ; 1
/ . H,_,n.;,_ r
- -� F.f L. ,'=-- ` 8�
i 1 i /
/
1 i t; /
/
r PP ..o. NE Ju
.. `.EE OE1:n
/
/
/
a
ii ,,' 4"
a
Poin.
plante
i _ /
6"
��` Tree