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4th Amendment 07/18/2007 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: August 7, 2007 TO: Reggie Paros, Director Housing & Community Development Florida Keys Marathon Airport Manager FROM: Stacy DeVane, Executive Assistant Pamela G. Hancafklt., Deputy Clerk CY ATTN: At the May 16, 2007, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Cleaning Contract between Monroe County and Culver's Cleaning Company to provide Janitorial Services at Florida Keys Marathon Airport, in the amount of$39,600 per year. .;fourth Amendment to Lease Agreement between Monroe County and Tony D'Aiuto d/b/a Antique Aircraft Restorations, a lessee at the Florida Key Marathon Airport. Enclosed is 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: County Attorney Finang: File.! FOURTH AMENDMENT TO LEASE AGREEMENT TONY D'AIUTO d/b/a Antique Aircraft Restorations THIS FOURTH AMENDMENT (hereinafter "Amendment") is made and entered into this 18th day of July , 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 of the original lease are attached to this amendment and made a part of it; and WHEREAS, on the 18th day of September 2002 the County and the Lessee entered in to an amendment. attached hereto and made a part of, to the lease extending the date by which construction of the facilities had to be completed; and WHEREAS, on the 19the day of February 2003 the County and the Lessee entered in to a second amendment, attached hereto and made a part of, to the lease providing for a second extension of the compl,etion date for the construction of the facilities; and WHEREAS, on the 21 ,t day of February 2007 the parties executed the third amendment, attached hereto and made a part of. 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, the Lessee desires to provide additional aeronautical services that qualify as partial and individual services per the Monroe County Airport Minimum Standards Guidelines; and WHEREAS, the original lease requires that the Lessee obtain the County's consent before the Lessee can provide any services not agreed to in the original lease NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the parties agree to amend the original lease as follows: I. Paragraph I.b) of the original lease is amended to read as follows: The Lessee may only use the premises for aircraft, engine, propeller and accessory maintenance, air charter, flight training and air tour services as described in subsections (VI. D. 1.), (VI. A.) and (VI. B.) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease amendment and made a part hereof. No additional services may be performed by the Lessee without the consent of the Board of County Commissioners. The Lessee acknowledges that all applicable provisions of the County's Revised Standards for Commercial Aeronautical Activities are binding on the Lessee - whether or not attached and incorporated by reference in this lease - and that the County's Board of County Commissioners may amend or modify the Standards during the term of this lease and that such amendments or modifications will be binding upon the Lessee. 2. 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. ATTEST: By ~t~ Title ~ "11AJ (JII/;'~ (jp,Ai1i1J BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ~~~ Mayor/Chairman TONY D'AIUTO d/b/a Antique Aircraft Restorations By ~- Title ./ Sr f>EA.JT' / :J: o <::> ~ .;;> ~7! p ;::~ .~-<- ,.- ;:,B ~~": ;;:g <:::i -.. "'" &:s I '-J ~ ..,., ,;:; "~7i :-:1 "'1 .::, :,':a .;~) ::;-] .',., ,") C,) ;::'J <;;;) -"1 r- c) 2...... P'I - " Q ",.. 2