6th Amendment 07/20/2016AMY REAVIIIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: September 14, 2016
TO: Don DeGraw,
Director ofAirports
ATTN. • Yany Rodriguez
Finance Analyst KWIA
FROM. • Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller
At the July 20, 2016 Board of County Commissioner's meeting the Board granted approval and
authorized execution of Items:
C9 Approval of time Extension only (no increase in original cost) with CDM Smith, Inc., for Task
Order 2014-001 for Construction Administration Services for the Terminal Sewer Lateral project at the
Florida Keys Marathon International Airport, to be completed 100% on or before September 30, 2016.
C 12 Approval of Sixth Amendment of Lease between The Florida Keys Marathon International
Airport and Jobe Materials, L.P. This amendment reduces the overall square footage of the hangar
leasehold from 25,000 square feet to 15,528 square feet. This will reduce the annual rent from
$10,762.70 to $6,672.87 (not including taxes) and transfer a 98 x 98 foot section of aircraft ramp from
the lessee to the Airport, which will allow future aeronautical development.
C 13 Approval of Lease Assignment, Assumption and Consent between Jobe Materials, L.P. and
International City Developers, LLC for the Assignment of Lease of an aircraft hangar, adjacent ramp
space, and adjacent land at The Florida Keys Marathon International Airport.
C 19 Approval of a five year Rental Car Concession Agreement with the Hertz Corporation for the
continued non-exclusive right to operate an automobile rental concession at the Key West International
Airport providing $47,160.96 annual rent plus taxes and a 10% concession fee on gross revenue.
Enclosed is a duplicate originals executed on behalf of Monroe County, for your handling. Should you
have any questions, please feel free to contact me.
cc: County Attorney
Finance
File
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax. 305-289-6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax. 305-852-7146
SIXTH AMENDMENT TO LEASE AGREEMENT
JOBE MATERIALS, L.P.
(Formerly TONY D'AIUTO d/b/a/ Antique Aircraft Restorations)
THIS SIXTH AMENDMENT (hereinafter "Amendment") is made and entered into the
201h day of July, 2016, by and between MONROE COUNTY, a political subdivision of the State
of Florida, (hereinafter "County") and JOBE MATERIALS, L.P., (hereinafter "Lessee" or
"Tenant").
WITNESSETH
WHEREAS, on the 14th day of June, 2000, the Lessee's predecessor in interest entered
into a 20 year lease agreement (hereinafter "original lease"), 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 Florida Keys Marathon International Airport, hereafter original lease; and
WHEREAS, on the 18th day of September 2002 the County and the Lessee's predecessor
in interest entered in to an amendment 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's predecessor
in interest entered in to a second amendment to the lease providing for a second extension of the
completion date for the construction of the facilities; and
WHEREAS, on the 21 st day of February 2007 the County and the Lessee's predecessor
in interest executed the third amendment 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 18th day of July 2007 the County and the Lessee's predecessor in
interest executed the fourth amendment to the original lease agreement allowing Lessee to
provide additional aeronautical services; and
WHEREAS, on the l 9th day of January 2012 the County and the Lessee's predecessor in
interest executed the fifth amendment to the original lease agreement amending and setting forth
the leasehold's permissible use; and
WHEREAS, on the 19th day of January 2012 the County consented to an assignment of
lease at which time the lease was assigned from Tony D'Aiuto d/b/a Antique Aircraft
Restorations as Assignor to Jobe Materials, L.P. as Assignee; and
WHEREAS, Jobe Materials, L.P. has agreed to reduce the leasehold footprint in
exchange for a reduction in the leasehold rent
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 La) of the original lease is amended to read as follows;
1. a) The County leases to Lessee a 15,528 sq. ft. parcel of land with a hangar
situated upon it, (hereinafter "the premises"). The premises are depicted in
Exhibit A which is attached and made a part hereof. The ingress and egress to
the premises are also depicted on Exhibit A but are not part of the premises.
The County covenants to keep open such ingress/egress.
Section 2. Paragraph 2.b) of the original lease is amended to read as follows;
2. b) Beginning August 1, 2016 the annual rent for the premises shall be
$6,672.87, plus tax. The rent may be paid annually or monthly. If the rent is
paid annually, it must be paid in advance on or before August 1st of each year
commencing with August 1, 2016. If the rent is paid monthly, it must be paid
in advance or on before the first of each month.
Beginning August 1, 2017 and annually thereafter; rent shall be increased in
accordance with the percentage change in the Consumer Price Index for all
urban consumers (CPI-U) for the previous calendar year, or in accordance
with the Airport's standard rates and charges as revised annually, whichever is
greater. In the event of a deflationary CPI, no adjustment in the rental rates
will be made. All rental payments are due at the Airport Office, 9400
Overseas Highway, Suite #200 Marathon, FL 33050.
Rent shall be paid in equal monthly installments, all of which shall be due and
payable on or before the first day of each calendar month during which this
lease is in effect. Upon the failure of Lessee to pay any installments when
due, the County will be entitled to charge and collect, and Lessee will be
obligated to pay, a late fee of two percent (2%) of any such amount, if paid
within thirty (30) days of the date due, and five percent (5%) of any such
amount, not paid within thirty (30) days of the date due. Such late fees will be
in addition to the amount of rent due. The acceptance by the County of the
overdue rental installment plus applicable late fees shall cure what would
otherwise constitute a default by Lessee under the terms of this lease. The
County, at its option, however, may refuse a proffered overdue rental
installment and late fees, declare a default, and proceed according to
paragraph 10 of this lease. In the event that any check, draft, or negotiable
instrument by which Lessee has tendered any rent payment is returned to the
County and not honored, whether for insufficient funds or other reason, the
County will be entitled to charge and collect, in addition to any applicable late
payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for
such dishonored instrument. Such penalty fee shall also be in addition to the
amount of rent due. The acceptance by the County of the rental payment plus
any applicable late fee and penalties following the receipt of a dishonored
instrument shall cure what would otherwise constitute a default under the
terms of this lease. The County, at its option, however, may refuse any
proffered rental installment and applicable late fees and penalties, declare a
default, and proceed according to paragraph 10 of this lease.
Section 3. Paragraph 11) of the original lease is amended to read as follows;
11. Any notice required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
Lessee Lessor
Jobe Materials,, L.P. Monroe County
ll 6_y Ul > Florida Keys Marathon Airport
G TX 9400 Overseas Highway
�221s_�, Marathon F1. 33050
Section 4. The following paragraphs are appended to the Lease Amendment and
incorporated into the original agreement as paragraph 15 through paragraphs 21;
15.Indemnification/Hold Harmless. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Lessee shall defend,
indemnify and hold the County and the County's elected and appointed
officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs
or expenses that may be asserted against, initiated with respect to, or sustained
by, any indemnified party by reason of, or in connection with, (A) any activity
of Lessee or any of its employees, agents, contractors or other invitees during
the term of this Agreement, (B) the negligence or willful misconduct of
Lessee or any of its employees, agents, sub -contractors or other invitees, or
(C) Lessee's default in respect of any of the obligations that it undertakes
under the terms of this Agreement, except to the extent the claims, actions,
causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than Lessee). Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement,
this section will survive the expiration of the term of this Agreement or any
earlier termination of this Agreement.
16. The County and Lessee agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative and out-of-
pocket expenses, as an award against the non -prevailing party, and shall
include attorney's fees, court costs, investigative, and out-of-pocket expenses
in appellate proceedings. Mediation proceedings initiated and conducted
pursuant to this agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the Circuit
Court of Monroe County.
17. Notwithstanding the provisions of Sec. 768.28, Florida Statues, the
participation of the County and the Lessee in this agreement and the
acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government insurance pool coverage shall not be deemed a
waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
18. No person or entity shall be entitled to rely upon the terms, or any of them, of
this agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder,
and the County and Lessee agree that neither the County nor Lessee or any
agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this
agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this agreement.
19. No covenant or agreement contained herein shall be deemed to be a covenant
or agreement of any member, officer, agent or employee of Monroe County in
his or her individual capacity, and no member, officer, agent or employee of
Monroe County shall be liable personally on this agreement or be subject to
any personal liability or accountability by reason of the execution of this
agreement.
20. This agreement may be executed in any number of counterparts, each of
which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may
execute this agreement by signing any such counterpart.
Section 5. Except as set forth in Sections 1, 2, 3 and 4 of this Amendment, all other terms of
the original agreement dated June 14, 2000 and the lease amendments dated September 18, 2002,
February 19, 2003, February 21, 2007, July 18, 2007 and January 19, 2012 not inconsistent
herewith, shall remain in full force and effect.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
IN WITNESS WHEREOF each party hereto has caused this agreement to be executed in
duplicate by its duly authorized representative.
Date
WITNESSES:
HEAVILIN, CLERK
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Print Name/Date
Print Name/Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Hea er C rr ?hers
JOBE MATERIALS, L.P..
By
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Print Name, Title and Date
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