Item F3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
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Meeting Date: 06-21-01
Division:
County Administrator
Bulk Item: Yes X
No
Department: Airports
AGENDA ITEM WORDING:
Approval of Lease Amendment with Grantair.
ITEM BACKGROUND: The Fixed Base Operation (FBO) is requesting 100' x 200' abutting the
east side of their current leased area. The FBO was required to install a fuel farm as part of their current
lease; they have fulfilled this obligation. Because of that, less ramp area is now available for aircraft
parking and maneuverability. Additional ramp area is necessary for operational growth of the FBO.
PREVIOUS REVELANT BOCC ACTION:
in April of 1998.
BOCC approved a lease agreement with Grantair
CONTRACT/AGREEMENT CHANGES: This would add 100' x 200' to the existing lease for
a five year period renewable for an additional five year period dependent upon capital investment, with
an increase for Fair Market Value (FMV).
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/ A
COST TO COUNTY:
BUDGETED: Yes
No
REVENUE PRODUCING: Yes X No
AMOUNT PER YEAR $6000.00
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _
MARATHON AIRPORT MANAGER APPROVAL: ~CQ
_ '-. /J~=k
DIVISION DIRECTOR APPROVAL: ~ ~~,
James Robe s
County Administrator
DOCUMENTATION:
Included ~
To Follow ~
Not Required_
AGENDA ITEM # -a,. Fe;
DISPOSITION:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
..'. CONTRACT SUMMARY
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Contract with: Grantair Contract # July 7, 2001
Effective Date: July 1,2001
Expiration Date: June 30, 2006
Contract PurposelDescription:
Five year lease for 100' x 200' east of current leasehold area. To be used for aircraft and
vehicle parking only.
Contract Manager: Theresa Cook 6060 Airport/IS
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6/21/01 Agenda Deadline: 6/1 J,.{n
CONTRACT COSTS
Total Dollar Value of Contract: $ 6000.00
Budgeted? YesO No ~ Account Codes:
Grant: $
County Match: $ 0
Current Year Portion: $
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDmONAL COSTS
Iyr For: . 1. I.
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Rev~
Airport Manager YesO No0 (,,-8- \
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Risk Mana2t ~( YesDNog/ ~~ (C~---X:C"'O~ ~ 1\, lor
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O.M.B./P mg YeSONO~ . It. 0 ~~ If! -II-OJ
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CountyAttomey ~ YesDNo~' C, - If.:or
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Comments: ftl'^- - ~":>.L"~ CVJL t:J2.'-"~if- ~'-
OMB Form ReVISed 2/27/01 MCP #2
LEASE AMENDMENT
This Lease Amendment is entered into this
day of
. 2001, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is Marathon
Airport, 9400 Overseas Highway, Marathon Florida 33050 (hereafter County), and GRANTAIR SERVICE,
INC., a corporation, whose address is 8800 Overseas Highway, Marathon, Florida 33050 (hereafter
FBO).
WHEREAS, on April 10, 1998, the parties entered into a 20 year lease (the original lease) whereby
the FBO is to provide fixed base operations service at the Marathon Airport. A copy of the original lease
is attached and made a part of this amendment; and
WHEREAS, the FBO desires to expand its premises to provide additional parking and rampway;
now, therefore
In consideration of the mutual covenants and promises set forth below, the parties agree as
follows:
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The County leases to the FBO the 100' ~ real property abutting the east side~ ,;,.~5~
of their current leased area as described in Exhibit AI, hereafter the premises. Exhibit Al is attached
1.
a)
to, and made a part of, this lease amendment.
b) The premises may be used for rampway extension and vehicle parking only. The
rampway extension and vehicle parking area are to be built at the sole cost and expense of the FBO. Any
improvements made by the FBO to premises automatically become the property of the County upon the
termination of this lease. However, FDOT or FAA funds may become available for improvement
construction. In that case, if FDOT and/or FAA funds are used to construct improvements
then the FBO must provide a letter of credit in the amount equal to their estimated share of the
improvements and sign an Agreement with the County before any public funds are provided. The County
FBO agreement will allow the County draws on the letter of credit as needed to pay for the FBGs share
of the construction costs.
2. The term of this lease amendment (the term of the original lease remains as set forth in
that document) begins on July 1, 2001 and ends on June 30, 2006.
3. The rent for the premises beginning July 1, 2001, is $.30 per square foot per year, payable
in advance, at $500 per month or $6,000 per year, and subject to increase in amount as provided in the
original lease.
4. Except as specifically provided in this lease amendment, this lease amendment is subject
to the terms and conditions of the original lease all of which remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative the date first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUN"TY COMMISSIONERS
OF MONROE COUN"TY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
ATTEST:
GRANTAIR SERVICES, INC.
By
Title
By
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MARATHON FIXED BASE OPERATOR [FBOI AGREEMENT
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This Agreement is made and entered by Monroe County. a political subdivision of the State of
Florida, ,whose address is Marathon .A.irport. 9400 Overseas Highway. Marathon Florida 33050
(hereafter County). and GRANTAIR Service. Inc.. a corporation. whose address is 8800 Overseas
Highway. Marathon. Florida 33050 (hereafter FBO).
WHEREAS. the County owns the Marathon Airport located in Marathon. Florida: and
WHEREAS. the FBO is a corporation in the business of providing commercial full service fixed
based operations: and
WHEREAS. the County is desirous of having the FBO provide such services at the Marathon
Airport:
NOW. THEREFORE. the FBO and the County agree as follows:
1) The County leases to the FBO the real property shown on Exhibit A. including the hangar
building. ramp. and tied owns. hereafter collectively referred to as the 'premises. Exhibit A is attached
to and incorporated into this Agreement. Except as specifically provided in this Agreement. no
buildings. structures. or other improvements to real property may be added to the premises by the
,
FBO during the term(s) of this Agreement without a separate agreement concerning the same with
the County.
2) The County sells and conveys title to the FBO those items of personal property listed in
Exhibit B. The County warrants to the FBO that the property listed in Exhibit B is free and clear of the
liens or other encumbrances of any third parties. Exhibit B is attached to and incorporated in this
Agreement. The County will indemnify and hold harmless the FBO from any claims of third parties to
the personal pro pert,>' listed in Exhibit B. The County will reimburse the FBO for any damages and
expense incurred in the defense of any third party claim to such personal property. including
reasonable attorneys' fees and expenses.
3) a) As an inducement for the County to enter into this Agreement. and as the
purchase price for the personal property listed in Exhibit B. the FBO must pay to the County
$150.000 prior to occupancy of the premises. The FBD may not occupy the premises until the
payment is made. although the farm begins to run on the effective date of this Agreement.
b} The FBD must pay monthly rent for the premises, on an arrears basis, in the
amount of $1.700 per month. The initial rent payment is due on the effective date of this
Agreement and on the first of each month thereafter.
c) Starting on the date that the FBD begins the sale of fuel. the FBD must pay the
County a 4 cents per gallon flowage fee for each gallon sold. By the tenth of each month
the FBD must truthfully and accurately report to the County the number of gallons sold and
pay the County the fee due based on that number. The County's Marathon Airport
Manager. or his designee, must be allowed to inspect the FBD's records conceming fuel sales
to make sure the flowage fees paid accurately reflect the number of gallons sold. The
inspection(s) may only be during regular business hours (9:00 AM - 5:00 PM, Monday through
Friday. excluding holidays).
d) The rent will be adjusted annually on the anniversary of the effective date of this
Agreement by the amount recommended in an approved rates and charges study or by an
amount reflecting the percentage in increase in the CPI during the year prior to the
anniversary date.
e) All payments owed by the FBD 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 unfil the
date the County actually receives the money. The interest rate is the one established by the
Comptroller of the State of Florida under sec. 55.03, F.S.. for the year in which the payment
became overdue. The right of the County to claim interest-and the obligation of the FBD to
pay it-are in addition to, and not in lieu of, any other rights and remedies the County may
have under this Agreement or that are provided by law.
f} The FBD pledges and assigns to the County, the fixtures, goods. and chattels of
the FBD that are brought or placed on the premises as additional security for the payment of
the rent. The FBD agrees that a lien against the fixtures. goods, and chattels, may be
enforced by distress foreclosure or otherwise at the election of the County, and the FBD
2
agrees to pay all costs an~ charges County incurred by the County in an enforcement
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action.
4) The tE~rm of this Agreement is 20 years beginning on the effective date.
I
5) The FBO must pay all taxes and assessments. including any sales or use tax. imposed or
levied by any governmental agency with respect to the FBO's operations authorized at the
Marathon Airport operations under this Agreement.
6) The FBO must obtain. in its own name. and pay for, all utility services at the premises
including solid waste removal.
7) a) FBO has the right during the term(s) of this Agreement to maintain a fixed base
operation and has the right to sell aircraft and aircraft engines. parts and accessories. lease
aircraft storage space. operate pilot training servi~e. provide aircraft maintenance and
repair service. aircraft rental and charter flying service. and any other aeronautical service
normally furnished by a fixed base operator. The FBO has the right to sell aviation gasoline
and lubricants and to provide aeronautical services that are compatible with other activities
on the airport. The FBO is also entitled to receive tie-down fees from aircraft parked only in
the paved ramp area located within the premise's boundaries as described in Exhibit A. The
FBG specifically waives any and all right to tie-down fees or any uses whatsoever of properties
at the Marathon Airport located outside of the above-described premises. The FBG must
refrain from either directly or indirectly being involved in any car rentals or other services that
are not related specifically to fixed base aircraft operations.
b) The County's permission is not required for the repair. renovation or rehabilitation of
improvements depicted on Exhibit A or for the fuel farm authorized by paragraph 8.
8) a) The FBO acknowledges and agrees that he has examined the premises. and is fully
advised of their condition and location, and the limitations and restrictions placed on any
building, structure or other object as to height. due to the proximity of the landing and
takeoff areas of the Marathon Airport. The County warrants that all existing structures are in
compliance with the height restrictions in effect on the effective date of this Agreement. If
any such structures are not in compliance. the county will correct the same at its cost and
3
expense. The FBa agrees to abide by and observe all such restrictions and limitations.
including the County fixed bas~,gl?erator minimum standards attached and incorporated as
Exhibit C. and agrees that 'the observance of such limitations and restrictions whether
imposed by the County. state or federal governmental authority will not in anywise affect the
FBa's obligations under this lease. The FBO must also comply with all laws. statutes. regulations
and rules of the federal or state governments. and any plans or programs developed by or
funded by either government. that affect the FBa's operations or its use of the premises. The
FBa's obligation to obey federal and state laws. statutes. regulations and rules. any federal or
state airport plan or airport program criteria or the criteria of a plan or program funded by
the state of federal government. includes not only those in existence on the effective date of
this Agreement. but,those adopted after that date.
bl The FBa must construct a fuel farm on the premises within two years of the date of
occupancy. Until the construction is complete. and until all governmental entities with
permitting jurisdiction over the fuel farm have authorized the operation of the farm. the FBa
may sell fuel from fuel trucks on premises to the extent permitted by the Airport minimum .
standards. The FBa is permitted to finance the construction of the fuel farm. However. during
I.
the period of financing the fuel farm is deemed by fhe parties to be a removable trade
fixture and no lien may be placed by the seller upon County airport property. This restriction
does nof prohibit the filing of a UCC-l financing statement for the purposes of the seller
securing a lien against the fuel farm itself during the financing period. Upon the payment of
all financing upon the fuel farm. the fuel farm becomes a permanent improvement to real
property which will remain upon the premises at the expiration of this Agreement.
c) With the exception that the FBa construct a fuel farm as provided for in
subparagraph arb). the FBa is not required to construct any new facilities upon the premises.
The minimum investment requirements for the providers of aeronautical services set forth in
the Airport Minimum Standards is deemed to be satisfied in full by the payments provided for
under the terms of this Agreement.
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dl The FBa must pay any penalty, assessment or fine of the federal or state
government imposed on the. County that arises out of. or is attributable to. the FBa's
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operations at the Marathon Airport. The FBa must also defend in the name of the County
any claim. assessment or civil action that is initiated by the federal or state government
against the County that is based in whole or in part on a claim that any aspect of the FBa's
operations at the Marathon Airport violated a law. statute. rule. regulation. or program or
project criteria.
9) The County is responsible for remedying the environmental contamination described in
Exhibit D. The FBa agrees to admit County employees or contractors to the premises at reasonable
times for the purpose of remedying contamination. Otherwise. the FBa accepts the premises in the
condition that they.are in at the beginning of this agreement. The FBa must keep the premises in
good order and condition. The FBa must promptly repair any damage to the premises and is
responsible for remedying any environmental contamination caused by the FBO's operations at the
premises. At the end of the term(s) of this Agreement. the FBa must peacefully surrender the premises
to the County in good order and condition. normal wear and tear excepted. If no rent or fees are
due the County. at the end of the term(s) of this Agreement the FBO may also remove its personal
property from the premises and may remove any trade fixtures provided that the FBO restores the
premises to their original condition. If during the term of this Agreement the FBa fails to keep the
premises in the good repair and free from environmental contamination as required by this
subparagraph. the County may. after providing the FBO with a written warning and a fifteen day
opportunity to correct the deficiency. enter the premises and do whatever repair or clean up work
the County's Marathon Airport Manager deems appropriate. The cost of the work plus 10% will be
added to the FBa's rent for the month following the repair or clean-up.
10) The FBO is liable for and must fully defend, release. discharge. indemnify and hold
harmless the County. the members of the County Commission. County officers and employees. and
County agents and contractors. from and against any and all claims. demands. causes of action.
losses. costs and expenses of whatever type - including investigation and witness costs and expenses
and attorneys' fees and costs - that arise out of or are attributable to the FBa's operations at the
5
Marathon Airport. excluding those claims. demands. damages. liabilities. actions. causes of action.
losses. costs and expenses that are the result of the sole negligence of the County or other Airport
. '" .\....".,~ ~
tenant of the County. The FBD's purchase of the insurance required in paragraph 12 and Exhibit 0
does not release or vitiate the FBD's obligations under this paragraph.
11) It is understood and agreed that nothing contained in this Agreement may be construed
to grant or authorize the granting of an exclusive right within the meaning of the Federal aviation Act
or its successor and that the County may enter into agreements with other fixed base operators as
long as such agreements are not on more favorable terms than this Agreement.
12) a) Regardless of the effective date of this Agreement. before the FBD may occuPV
the premises it must obtain insurance in the amounts. terms and conditions described in
Exhibit E. Exhibit E iS,attached and made a part of this Agreement.
b) The FBD must keep in full force and effect the insurance described in Exhibit E
during the term(s) of this .A.greement. The FBD is not required to purchase windstorm or flood
insurance for any structure on the premises. If the insurance policies originally purchased
which meet the requirements of Exhibit E are canceled. terminated or reduced in coverage.
then the FBD must immediately substitute complying policies so that no gap in coverage
I.
occurs.
c) The insurance required of the FBD in this paragraph is for the protection of the
County. its property and employees. and the general public. The insurance requirement is
not. however. for the protection of any specific member of the general public who might be
injured because of an act or omission of the FBD. The insurance requirements of this
paragraph do not make any specific injured member of the general public a third party
beneficiary under this Agreement. Therefore. any failure by the County to enforce this
paragraph. or evict the FBD from the Marathon Airport if the FBD becomes uninsured or
underinsured. is not the breach of any duty or obligation owed to any specific member of the
general public and cannot form the basis of any County liability to a specific member of the
general public or his/her dependents. or estate or heirs.
6
13) The FBa may not cause, suffer or permit any lien. mortgage. security interest, financing
statement or other encumbrance fo ,b~-f~I~ced on any real property. fixture or improvement to real
property owned by the County and leased to the FBa under this Agreement. If any of the
encumbrances just described are filed or perfected against any such property of the County, or to
property that will belong to the County upon termination. then the FBa must promptly cause the
discharge, release or otherwise clear and remove such encumbrances from that property.
14) a) The County must keep the Marathon Airport runway, taxiway. and the area
immediately adjacent to the runway and taxiway. in good repair and clear of obstructions
and debris. The County must maintain and operate the Marathon Airport according to the
highest standards or ratings issued by the FAA for airports similar in size and character to the
Marathon Airport. The County must also comply with the rules and regulations of any other
government agency that has. or may have. jurisdiction over the Marathon Airport.
b) The County will provide. and maintain in an existing state of good repair. ingress
and egress to the premises for FBO employees. customers. guests. and suppliers.
15) The FBO for himself. his personal representatives. successors in interest. and assigns. as a
part of the consideration hereof, does hereby covenant and agree that
I.
a) No person on the grounds of race. color. or national origin shall be excluded from
participation in, denied the benefits or. or be otherwise subjected to discrimination in the use
of said facilities.
b) That in the construction of any improvements on. over or under such land and the
furnishing or 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.
c) That the FBO 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 Title VI of the Civil
Rights Act of 1964. and as said Regulations may be amended.
That in the event of breach
7
of any of the above nondiscrimination covenants, the County shall have the right to
terminate the lease and to re-enter and as if said lease had never been made or issued. The
. ''...'.''~''
provisions shall not be effective until the procedures of Title 49, Code of Federal Regulations.
f;'art 21 are followed and completed including exercise or expiration of appeal rights.
16) It shall be a condition of this lease, that the County 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 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. That the FBO expressly agrees for itself. its successors
and assign. to restrict the h~ight 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. That the FBO expressly agrees for itself. its successors and assigns. to prevent any
use of the hereinafter described real property which would interfere with or adversely affect the
operation or maintenance of the airport. or otherwise constitute an airport hazard.
17) This Fixed Base Operator Agreement and all provisions hereof are subject and
J.
subordinate to the terms and conditions of the instruments and documents under which the County
acquired the subject property from the USA and shall be given only such effect as will not conflict or
be inconsistent with the terms and conditions contained in the lease of said lands from the County
and any existing or subsequent amendments thereto.
181 If funds are not provided by the United States for the operation of a Marathon Airport
control tower, navigation aids or other facilities that may be needed by the FBO for service at the
Airport. the County is under no obligation to provide those facilities or services.
191 01 The County may treat the FBO in default and terminate this Agreement if the FBO
fails to timely submit the payments required of it under paragraph 3. Before the County may
terminate the Agreement under this subparagraph. the County must give the FBO written
notice of the default stating that. if the default is not cured within 15 days of the FBO's receipt
of the written notice. then the County will terminate this Agreement.
8
b) The County may treat the FBO in default and terminate this Agreement if the FBO
does not begin fixed base' op~rator service and have the insurance required by Exhibit E
-""~"
within 30 days of the effective date of this Agreement. Before the County may terminate the
Agreement under this subparagraph, the County must give the FBO a written notice of the
default stating that. if operations do not commence and the required insurance is not
obtained within 15 days of the FBO's receipt of the notice. then the County will terminate this
Agreement.
c) The County may treat the FBO in default and terminate this Agreement if the FBO.
after starting fixed base operator service at the Marathon Airport. fails to keep in full force
and effect the insurance required by paragraph 12 and Exhibit E. Before treating the FBO in
default and terminating the Agreement under this subparagraph. the County need only
provide the FBO 48 hour notice by FAX or overnight courier. The County may. but need not.
provide the FBO with an opportunity to cure the default.
d) The termination of this Agreement under subparagraphs 19(a)-(c) does not relieve
the FBO from an obligation to pay whatever damage the County suffered because of the
FBO's default.
e) The County may also treat the FBO in default and terminate this Agreement if the
FBO fails to comply with its other obligations under this Agreement (the obligations besides the
payment of rents and fees when due, and the purchase of insurance and keeping it in
effect.) Before the County may terminate the Agreement under this subparagraph. the
County must give the FBO a written notice of the default stating that. if the default is not
cured within 15 days of the FBO's receipt of the written notice. then the County will terminate
this Agreement. Termination under this subparagraph does not relieve the FBO from an
obligation to pay the County whatever damages the County suffered because of the FBO's
default.
f) Despite the FBO timely cure of its acts of default or the County's waiver of acts of
default. if the FBO commits a material breach three times or more in performing its obligations
under this Agreement during a calendar year. then the County may . in its discretion.
9
determine that the FBa is a habitual violator. When the County makes that determination, it
must notify the FBO in writing,' T~(1otice must explain why the FBa was determined to be a
habitual violator and that any future act of default will be noncurable will not be waived.
and will be the basis for the immediate termination of this Agreement. If a subsequent default
occurs, the County may terminate this Agreement by giving the FBa 15 days written notice.
The FBO must pay the County whatever rent and fees are due as of the date of termination.
The FBa will then have no further rights under this Agreement. Termination under this
subparagraph does not relieve the FBa from an obligation to pay the County any damage
suffered because of the FBa's final act of default.
20) The FBa may terminate this Agreement in its discretion - if it is not in default in paying
the rents and fees owed to the County - by giving the County 15 days written notice. upon the
occurrence of any of the following events:
aJ The issuance by any court of competent jurisdiction of an injunction in any way
preventing or restraining the use of the Marathon Airport. or any part of the Airport. for a
period of at least 90 days.
bJ The lawful assumption by the United States of the operation, control or use of the
Marathon Airport. or any part of the Airport. in a way that prevents the FBa from operating its
fixed base operation for a period of at least 90 days.
c} The inability of the FBa to use the Marathon Airport for at least 90 days because of
fire, explosion. earthquake. hurricane, other casualty. or acts of God or the public enemy.
dJ The FAA's failure to grant the FBa the Iicense(s) necessary to operate its service.
e) A dispute maintained in good faith by the County with another governmental
agency other governmental agencies that make it difficult or impossible for the Marathon
Airport to be operated safely for a period of at least 90 days.
fJ The FBa hangar is destroyed and the County has not begun a good faith effort to
begin the repair or reconstruction of the hangar within 60 days of the date of destruction.
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The grounds for the FBO's termination of this Agreement as stated in subparagraphs 20(a) - (f)
create no basis for any County liability to the FBa and cannot serve to create any obligation on the
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part of the County to pay money to the FBa.
21) The FBa may terminate this Agreement and treat the County in default if the County
fails to perform its obligations under this Agreement and the failure is not due to the reasons
described in subparagraph 20{a)-(e). Before the FBa may terminate the Agreement under this
paragraph. the FBa must give the County a written notice of the default stating that. if the default is
not cured within 15 days of the FBa's written notice, then the FBO will terminate this Agreement.
Termination under this paragraph does not relieve the County from an obligation to pay the FBa
whatever damages the FBa suffered because of the County's default.
22) The waiver ~y the FBa or the County of an act or omission that constitutes a default of
an obligation under this Agreement does not waive another default of that or any other obligation.
23) The FBO may not assign this Agreement or assign or subcontract any of its obligations
under this Agreement without the approval of the County's Board of County Commissioners. which
consent may not be unreasonably withheld.
24) All the obligations of this Agreement will extend to and bind the legal representatives.
successors and assigns of the FBO and the County.
25) During the lerm of this Agreement, the FBa. must have and maintain a registered
agent as required by Chap. 620, F.S., and keep the County informed of the agent's name, title and
address.
26) This Agreement is governed by the laws of the State of Florida and the United States.
Venue for any dispute arising under this Agreement must be in Monroe County,FL. In the event of any
litigation, the prevailing party is entitled to a reasonable fair market value attorney fees and costs.
27) This Agreement has been carefully reviewed by the FBa and the County. Therefore.
this Agreement is not to be construed against any party on the ~asis of authorship.
28) Notices to the County provided for in this Agreement, unless otherwise specified,
must be sent by certified mail to:
11
Marathon Airport Manager
9400 Overseas Highway
.. fytwpthon. FL 33050
Notices to the FBO provided for in this Agreement. unless otherwise specified. must be sent by
certified mail to:
GRANT AIR Service. Inc.
8800 Overseas Highway
Marathon. Florida 33050
29) This Agreement is the parties' final mutual understanding. It replaces any earlier
replaced except by another written and signed agreement.
agreements or understandings. whether written or oral. This Agreement cannot be modified or
.................,
30) This Agreement will take effect on April J O. 1998.
I
I ,I'- authorized representative.
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"\;. ATTEST: DANNY l. KOLHAGE. CLERK
By-v.>rg,,~~" ,
IN.JrVITNESS WHEREOF. each party has caused this Agreement to b:= executed by its duly
. ~ .
By
Title
ATTEST:
By
Title
jairigronloil
12