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Item G5 FR0/'1 FAX NO. : Ma-. 14 2801 la:07AM Pt BOARD OF COUNTV COMMISSIONERS AGJ~ND^ ITE:\1 SUMMARY M~etlng Dale:_J/2 110 1 DivisIon: County Admimsrr~.lor Hulk Item: Yes ~o Department: __ Airports AGENDA ITEM WORDING: Request to Terminate Florida Keys Marathon Airport lease with Mr. Tony D'A1Ulo (A!'ltlque Aircraft Restorations). ITEM BACKGROl:ND: In a June 14, 2000 lease with Mr. D'Aiuto, he agreed to have a complete conditional use application filed with Monroe County Planning Department for a pcrn1anenr strocture for his mechanic services by December 31 , 2000. As of Februury 28, 200 I, no application had been Cilu:. On March 1. Z001, pursuunl (v paragraph l() ofthlt Icase, Mr. D'Aiuto was gi\'en '0 days; to file a complete condi lional use application. By March 12, 200] \ir D' Aiulo had not tiled the complelt: application . .. PREVIOUS RF.VELANT DOCC ACTION: Approved the aiJ1h111leuse with ~r D'Aiuto on June i 4, 2000 CONTRACT/AGREEMENT CHANGES: Termiustioll - STAFF RECOMMENDATIONS: Approval TOTAl. COST: BUDGETED: Yes No COST TO COUNTY: REVJc:NUE PRODUCING: Yes No .-'MOUNT PER MONTH_ Yeur APPROVED BY: County ALLy X OMB/Purchasing Risk Management MARA THON AIRPORT MANAGER .\PPROV AL: ~ Th;ra :OOk DIVISION DIRECTOR APPROVAL: ~ ~~ J Rmes Roberts County Admimslrator lJOCUMF.NT ATION: Im:luded ~ To Follow_Not Required_ AGENDAITEM#~ ))ISPOSITlON: E:'cl -v-v9-v-aSa-90E: U~Wp~ c~ _~~aqo~ 1 _awRf clt-v:a! to p! ~RW COUNTY of MONROE Marathon Airport 9400 Overseas Highway Suite 200 Marathon, Fl33050 (305) 289-6060 March 1, 2001 Tony D'Aiuto Antique Aircraft Restorations 8800 Overseas Highway Marathon, Florida 33050 Mr. D'Aiuto BOARD OF COUNTY COMMISSIONERS MAYOR, George Neugent, District 2 Mayor Pro Tern, Nora Williams, District 4 Dixie M. Spehar, District 1 Charles "Sonny" McCoy, District 3 Murray E. Nelson, District 5 As per your Lease Agreement with Monroe County, dated the 14th day of June, 2000 paragraph 10. This letter is to notify you that you have failed to fulfill paragraph 3.a) 1) of the lease agreement. I have contacted the Monroe County Planning Department and they have not received, to the best of their knowledge, as of the date of this letter, a complete application for a conditional use to construct a hangar on the Florida Keys Marathon Airport property. According to your lease you were to have completed the applicationtby December 31, 2000. You have 10 days from the date of this letter to file and have approved a complete Conditional Use Application with the Monroe County Planning Department. If after March 11,2001 a complete application is not on file with Monroe County Planning Department a recommendation to terminate the lease agreement will be presented to the Monroe County Board of County Commissioners in March, 2001. Respectfully, cOCoQ Theresa Cook Airport Manager II-:> . ~. County of Monroe Growth Manae:ement Division 2798 Overseas Highway Suite 400 Marathon, Florida 33050 Voice: (305) 289-2500 FAX: (305) 289-2536 Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Nora Williams, Dist. 4 Commissioner Sonny McCoy, Dist. 3 Commissioner Murray Nelson, Dist. 5 Commissioner Dixie Spehar, Dist. I March 9,2001 Mr. Tony D'Aiuto. President Antique Aircraft Restorations Inc. 7500 Gulfstream Boulevard Marathon, FL 33050 RE: Conditional Use Application Submittal Dear Mr. D'Aiuto: This is to inform you that it is not possible for us to accept your application for conditional use approval to construct a hangar at the Marathon Airport at this time. . The proposed application that you attempted to submit today does not meet the requirements for a complete application by the Monroe County Planning Department. Additionally, your lease stipulated that a complete application had to be submitted by December 31, 2000. Please let us know if we can assist you in the future. sm~,~ Fred Gross, Island Planning Team Director LEASE AGREEMENT FOR AIRCRAf' MECHANIC FACIL11lES MARATHON AIRPORT 0/" THIS LEASE AGREEMENT is made and entered into on the /". day of _JI)'i'J; , 2000, by and between the BOARD OF COUN1Y COMMISSIONERS OF MONROE COUN1Y, a political subdivision of the State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter County, Owner or Lessor, and TONY D'AIUTO, an individual, d/b/a Antique Aircraft Restorations, hereafter Lessee or Tenant. WHEREAS, the owners of various small private aircraft at the Florida Keys Marathon Airport (FKMAP), have requested that additional airplane mechanic services-be made available at the FKMAP; WHEREAS, the FAA Advisory Circular entitled Exclusive Rights And Revised Minimum. Standards For Commercial Aeronautical Activities dated April 7, 2000 contemplates the provision of the airplane mechanic services authorized by this lease; and WHEREAS, the County's Revised Standards for Commercial Aeronautical Activities, adopted by the County Commission on August 1, 1990, also contemplates the provision of the airplane mechanic services contemplated by this lease as long as certain capital improvements are made to the leasehold; now, therefore, , WITNESSETJt:. t IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree as follows: <. 1. a) The County leases to Lessee an undeveloped parcel of land at the FKMAP approximately 100' by 250', hereafter the premises. The premises are depicted on exhibit A which is attached to this lease and made a part of it. 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 or to furnish the Lessee with access approximately equal to that depicted on Exhibit A. b) The Lessee may only use the premises fOt aircraft, engine, propeller and accessory maintenance services described in subsection VICD)(l) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease as exhibit B and made a part of it. No additional services may be performed by the Lessee without the consent of the Board of County Commissioners. Notwithstanding Exhibit B, the Lessee acknowledges that aU applicable provisions of the County's Revised Standards are binding on the Lessee - whether or not attached and incorporated by reference into 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. a) The term of this lease is for twenty (20) years beginning on July 1, 2000 and ending on June 30, 2020 unless terminated sooner as provided herein. , b) The rent is $7,500 per year ($.30 x 25,000 square feet = $7,500) or $625 per month. The rent may be paid annually or monthly. If the rent is paid annually, it must be paid in advance on or before July 1st of each year commencing with July 1, 2000. If the rent is paid monthly, it must be paid in advance on or before the first of each month commencing with July 1, 2000. Beginning on July 1, 2001 and on the first of July for every year thereafter, the annual rent (or each monthly payment) will be increased by the percentage in the increase of the national CPI index for the previous calendar year. Alternatively, the rent may be increased as provided in a rates and charges study prepared by an airport consultant and adopted by the Board of County Commissioners. All rental payments owed by the Lessee to the County that remain unpaid for more than 30 days will begin to accrue interest at a rate calculated from the original due date until the date the County acbJally receives the money. The interest rate is the one established by the Comptroller of the Sfate of P..,rida under Sec. 55.03, FS, for the year in which the rental payment(s) became overaue. The right of the County to claim interest - and the obligation of the Lessee to pay it - are in addition to, and not in lieu of, any other rights and remedies that the County may have unger this lease or that are provided by law. c) The Lessee acknowledges that, notwithstanding the lease term provi~ed for in this paragraph and subparagraph 9(b), nothing in this lease creates any duty or obligation on the part of the County to the Lessee, or to any third persons, to keep the FKMAP open and operating. If the County elects to close the FKMAP and cease operations, then this lease will automatically terminate with no liability whatsoever: on the part of the County to the Lessee or any third persons who may have a contractual or business relationship with the Lessee. The Lessee will have the obligation to pay rent up to the date of closure but will otherwise have no further duty or obligation under this lease. The Lessee may also remove any fixtures and improvements to the prem~es that would otherwise become the property of the County under subparagraph 3(b). This subparagraph 2( c) will survive the automatic termination of this lease if the FKMAP is closed. 3. a) By June 30, 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 this lease and incorporated as Exhibit B. In order to assure that the facilities are, in .fact, timely completed, the Lessee must adhere to the following construction schedule: 1) By December 31,2000, 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 June 30, 2001, all necessary permits must have been received and facilities construction begun; 3) By June 30, 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 t!1e construction schedule dates because of circumstances beyond the control of the Lessee such as hurricanes or other natural disasters. 2 . b) At the end of the 20 year term of this lease, or if terminated sooner under paragraphs 9 or 10, the facilities required by this paragraph will become the property of the County without any payment due or owed the Lessee. During the term of this lease the Lessee must keep the premises and facilities, including the time while the facilities are under construction, free and clear of any liens or other encumbrances. If any lien or other encumbrance is filed on the facilities or premises, the Lessee must immediately cause the lien or encumbrance to be canceled and removed. c) When the facilities are nearing completion the County will provide paving from the taxiway to the premises' boundary line. The County is under no other obligation to furnish paving at the premises unless state or federal grant money becomes available for SUCR paving and the Lessee is willing to pay any matching funds needed to obtain the grant. d) All utility services to the facilities are the responsibility of the Lessee. 4. During the first two years 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 June 30, 2002, unless the construction schedule for facilities has been extended by the FKMAP Director. 5. During the term of this lease the Lessee must keep in fun force and effect the insurance required in ~hibit C. Exhibit C is attached to this lease and incorporated and made a part of it 6. a) The Tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Titre VI of the Civil Rights Act of 1964, and as said Regulations may be amended. b) That in the event of breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, part 21 are followed and completed including exercise or expiration of-appeal rights.. c) It shall be a condition of this lease, that the Lessor_ reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property hereinafter 3 : :described together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from or operating on the airport. d) That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. 8. The Lessee may terminate the lease without cause upon giving the County at least 60 days written notice. If the facilities are complete, they will automatically become the property of the County on the termination date; if incomplete, the facilities remain Lessee's property and the Lessee will cause them to be removed at his own cost before the termination date. 9. a) The Lessee may not assign this lease or sublease the premises without the approval of the County's Board of County Commissioners. b) The Lessee may terminate this lease based on the failure of the County to perform a duty or obligation required of it under the lease by sending written notice to the County specifying the failure and giving the County at least twenty days from the County's receipt of the notice to correct the failure. If the County does not timely correct its failure to perform, then the Lessee may tenninate this lease by sending written notification to the County of the termination. A waiver by the Lessee of an act of the County's failure to perform does not constitute a waiver of subsequent failures and does not prevent the Lessee from subsequently terminating this lease for cause. -- 4 10. The County may terminate this lease based on the Lessee's failure to perform its duties and obligations under this lease by sending a written notice to the Lessee specifying the failure and giving the Lessee at least ten days to correct the failure. If the Lessee does not timely correct its failure to perform then the County may terminate this lease for cause by sending the Lessee written notification of the termination. The County's waiver of the Lessee's failure to perform its duties and obligations under this lease does not constitute a waiver of subsequent failures and does not prevent the County from subsequently terminating this lease for cause. . 11. All written notices required under this lease must be sent certified mail, retum receipt requested, to the following: - Lessee Tony D'Aiuto, d/b/a Antique Aircraft Restorations 7500 Gulfstream Blvd. Marathon, FL 33050 . Lessor Monroe County Rorida Keys Marathon Airport 9400 Overseas Highway Marathon, FL 33050 12. Both parties have read and reviewed this lease agreement. Therefore, this agreement is not to be construed against any party on the basis of authors!!ip. 13. This lease agreement is governed by the laws of the State of Florida and the United States. Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 1 14. This written lease represents the parties final mutuaf agreement and supersedes any prior agreements, whether written or oral. TIlis lease agreement may onl odified by a written amendment signed by both parties. ~OUN1i'p " ESS WHEREOF, the parties hereto have executed this lease agreement on . ritten above. A1TEST: jdairportantlQueaircraft BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By cJ'~-F~ Mayor/Chairperson ANTIQUE AIRCRAFT RESTORATIONS 5 By ~ / Tony D'Aiutc APPR - AN~~?:S TO FORM Sy~. R 8tii /"., . " DATE ec". t y... w'OJ.FE -. --- (c '. t:c: ~ /"- J= }\ JL .._._._-~ --:::-- --- -- ---- -- . ---~ ~---:......- ............... . -----..--- ---~---- -------- ---- ---- ~---------- -----I . . SHADE HANGARS I ~ 1 . EL.EV: '7.00: I .~~ I . I. I I ExTENOm- - -~=~-----i1Ir~.. RUNWA Y I!!'V rl!"ftl'" RPZ . I hi: _ · .~ (2b~;r'" · r'- ili r ~ ~ . .L -------------~_________~~- '-F-"~- -- __-----___________ __ --- - :t:-- -------------________.--.- .." -. --- QROADWAY iLl 50' '--..-:::::---- \J.!J ,.,reA8.A&'~. .#I.."~' - --=--- - - - - - - - ~....- .,.~iiiIIiiiM --- --- - -- --- ..J 'lIa _ _ _ _____ . - . -- ~ --- . --- w. _____ ~ 0 C1 ~ t ~.~ ~~ ~. ",: FDOT~1) ~~ .. --<Il!ll -- ..,...," """ ~ 7 " .....1 .w' .... AI' . . . '. . ::::) , ~ I s · c+ 1: ..1. " .~ -cr-' . C5' '" (,U, .. a. iOt = :e Ci q:' . , 1~;...... - .:::;;;: . EXHIBIT A " . . -. "..-- ..' '; ': ~ ::. .~..: .