Item G4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 09-18-02
Division: Public Safety
Bulk Item: Yes x
No
Department: Airports
AGENDA ITEM WORDING: Approval of an amendment to a Lease Agreement with Tony
D'Aiuto, d/b/a Antique Aircraft Restoration, for a 180 day extension to construct a maintenance hangar
at the Marathon Airport.
ITEM BACKGROUND: This amendment provides a 180 day extension for the construction of a
maintenance hangar at the Marathon Airport. The extension expires December 31, 2002.
PREVIOUS RELEVANT BOCC ACTION: The Monroe County Board of County
Commissioners approved an original agreement with Tony D'Aiuto d/b/a Antique Aircraft Restoration
on June 14,2000. On March 21,2001 the BOCC approved to amend the original lease to provide for a
180 day extension with appropriate provisions to address the environmental compliance.
CONTRACT/AGREEMENT CHANGES: This amendment provides a 180 day extension to
the original lease for the construction of a maintenance hangar with provisions to address the
environmental compliance.
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY: Nt A
REVENUE PRODUCING: Yes
No
AMOUNT PER Year $
APPROVED BY:
County Atty:. '<i t..,S
DEPARTMENT APPROVAL:
.<.-
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included -X-
To Follow
Not Required _
DISPOSITION:
AGENDA ITEM # GLf_
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Tony D'Aiuto
Contract #
Effective Date:
Expiration Date:
09-18-02
06-14-20
Contract Purpose/Description:
This amendment adds a 180 da extension to the on inal eement to construct a
maintenance han ar at the Marathon . ort. The 180 da extension ex ires on December 31
2002.
Contract Manager: Theresa Cook
(Name)
6060
(Ext. )
A' ort/15
(Department/Stop #)
for BOCC meet' on
9/18/02
A enda Deadline: 9/04/02
CONTRACT COSTS
Total Dollar Value of Contract: $
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
- - -
----
- - -
----
- - -
----
- - -
----
Estimated Ongoing Costs: $N/ Alyr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes .
Date In Needed ./'
Division Director r 1~:hC).:J'- Y esO Nol::a" -
Risk Management C(-li .(f~ YesO No[2J/
O.M.B.IPurchasing'-li'\ 101- YesO No[d--""
County Attorney q J.s /02-- YesO NOIZJ
Date Out
~.o
.. '~CL)
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMeNT TO LEASE.. AliREEMENT
ToNY D t AIUTO d/b/a Antiqu8 Aircraft Restorations
THIS AMENDMENT is made. and entered into this day of .
2002. by and between Monroe County, hereafte.r County. and TONY D' AIUTO d/b/a An'tiq\le
Aircraft Restorations. leI_e. or Tenant.
WHEREAS, on the 14th day of June. 2000. the parties entered Into a 20 year lease
agre.ement, to allow legee to construct facilities required by :5U~eetion VI(D)( 4) of the.
County's ~evise.d $tandards far Commercial Aitronautical Activities for Aircraft, Engin~,
Pro~lIor, and Accessory Mairrtenanc& Services at the Marathon Airpol"'t. hereafter original
lease.. Ccpies of the. ori9inolleas~ are attached to this arn&ndment and made a part of it; and
WHEREAS, the. partiu desire to amend original agreement; now, therefore.,
IN CONSIDERATION of the mutual promiS" and covenants set forth ~Iow, the parties
agree as follows:
1. Paragraph 3. 0) of the original agreement is amended to read:
3. a) By December 31, 2002# the lessee must have built, and obtained Q
cer1ifiCQ'te of occupancy for, the. facilities required by subsection VI(DX4) of the
County's Revi$ed Standcrds for Commercial AeronautiC41 Activities, a copy of
which is attached to the original lease WId incorporated as Exhibit 8 of the
original lease. In order to ~ure that 'the facilitlu are, in fact, timely completed,
the Lessee must adhere to the following construction schedule:
1) By June 30, 2001, Q complete application (complete Q$ determined
by the Morroe County Planning Departrnent) for Cl conditional us~ mu~t be filed
wi'" the Monroe C~nty Plcmning Department;
2) By December 31, 2001, all necessary permits must have been
recc.ived and facilities construction begun;
3) By December 31, 2002, the fQcilities must ~ complete. inspected
and Q certificate of occupancy received.
The construction schec:lule set forth above are InQtarial terms and conditions of
this lease. The faihr. of the Lasee to I'I\Ut the ccnstrucHon schecfufe - at arty
step - is Q material breach of this It:CISe that entitles tha County to terminate the
lease under paragraph 10. The FKMAP birector may (but is under no obligation to
do so) extend the construction scheclute dates becau.e of cirCUlMtanees beyond
the control of the Lessee such as hurricanes or other natural disaster'S.
7 JT
Z. Paragraph 4 of the original agreement i~ amended to read:
4. During the first two years and six motl'ths of this lease, while the facilities
r~qujrr.d in paragraph 3 are under construction, the Lessee may provide thtt services de:9cribed
In subparagraph 1 (b) from Q mobile vehicle or on o1tler parcels at the FKMAP where the L~He
has the permission of the tenontes). The authorization provided by this paragraph 4 i,
temporary and teNninatu on December 31. 2002, unless the COrlstruction schedule for facilitiC$
has been extended by the FKMAP Director.
3, The Lessee will perform aU maintenance in accordance with the Federal
Environmerrtal Protection Agency (EPA), the Florida Department of Environmental Protection
(DEP) Re.gulaticms and Morroe County Marathon Airpol'"1'~ NatiOl'l<lI Pollution Discharge
Elimination System permit and Storm Water Pollution Prevention Plan utilizing Best MCI'IClgeI'I\ent
Practices. Copies of Regulation!, Permits, Plans and Practice materials may be obtained at the
Airport Administration Office
4. Except as set forth in this amendment to the ol"iginollease agreement in all other
respects the terms and conditions of the original agreement remain In full force and effect.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its
duly auttlori%ed repre.sentotlve.
(SEAL)
A rreST: DANNY L. ICOLHAGE. CL.ERK
8OARt> OF COUNTY COMMISSIONERs
Of MONROe COUNTY. FLOfUl:)A
By
By
Mayor/Chairman
Deputy Clerk
ATTESi:
TONY D' AIUTO d/b/a
Antique Aircraft Restorations
By
Title
By
TItle
~.irMAPA"ti~X
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~~T~~n X.T..TW ~.T.Mnn~ ~M~Mn~I:,.,n~~ ~~~~r ~_ __ ._~
LEASE AGREEMENT FOR AIRCRAFT MECHANIC FACILITIES
MARATHON AIRPORT
THIS LEASE AGREEMENT is made and entered into on the I i day of
:r v t'\.L , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, 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,
WITNESSETH:
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 for aircraft, engine, propeller
and accessory maintenance services described in subsection VI(D)(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 all 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 actually
receives the money. The interest rate is the one established by the Comptroller of the State
of Florida under Sec. 55.03, FS, for the year in which the rental payment(s) became
overdue. 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 under this lease or that are provided by law.
c) The Lessee acknowledges that, notwithstanding the lease term provided
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 premises 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 8. 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 the 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
such 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 full force and effect the
insurance required in Exhibit 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 U$e of said facilities, (2) that in the construction of any
improvem~nts 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 Title 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, thaf 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.
e) That the Lessee 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.
f) This lease and all provisions hereof are subject and subordinate to
the terms and conditions of the_ instruments and documents under which the Airport
Owner acquired the subject property from the United states of America and shall be
given only such effect as will not conflict or be inconsistent with the terms and conditions
contained in the lease of such lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations
which have been, or may hereafter be adopted by the Owner pertaining to the FKMAP.
g) Notwithstanding anything herein contained that may be or appear to
be, to the contrary, it is expressly understood and agreed that the rights granted under
this agreement are nonexclusive and the Lessor herein reserves the right to grant similar
privileges to another Lessee or other Lessees on other parts of the airport.
7. The priVileges and rights granted Lessee under this lease are non-exclusive.
The County reserves the right to enter into leases with other lessees to provide the same or
similar services at FKMAP.
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; jf 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 terminate 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, return
receipt requested, to the following:
Lessee
Tony 0' Aiuto, d/b/a
Antique Aircraft Restorations
7500 Gulfstream Blvd.
Marathon, FL 33050
Lessor
Monroe County
Florida 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 authorship.
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.
14. This written lease represents the parties final mutual agreement and
supersedes any prior agreements, whether written or oral. This lease agreement may
only be modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on
the date first written above.
(SEAL)
AlTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairperson
AlTEST:
ANTIQUE AIRCRAFT RESTORATIONS
By
Title:
By
Tony D'Aiuto
jda i rporta ntiq ueai rcraft
5
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4675 MacArthur Court, Stc. 770
Newport B~eb, CA 92660
(949)851-2060 ~~
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W. BROWN &. ASSOCIATES
INSURt\NCE SERVICES
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO: Monroe County Board of COlmt)' Commissioners, it's Employees
and Officials, 5100 College Road, Key West, FL 33040
THAT l'HE FOLLOWING POLICY OF INSURANCE HAS BEEN lSSUh'"'D TO:
Antique Alrc"1l1t Restoration, IDt.
1500 Glllfstream Blvd., Maratbon, FL 33050
POLICY NO.
POLICY PERIOD FROM:
INSURANCE COMPANY:
DESCRIPTION OF COVERAGES AND UMITS OF LIABILITY:
NAFJ003331
SeptcDlber 6, 2000 TO: September 6, 2001
GreeDwic:h lusurancc Company
Airport Liability:
Single Limit Bodily Injury and Property Damage S 1,000,000.00 eaeh occurrence
But aggregate as respc:cU. products/completed operations and personal injury including:
!&1Premises 0
I:gJ ProduetslCompleted Operations . 0
o Independent Contractors 0
~ Hangarkeepcr's Liability: $
$
~ductiblc: $
Personal Injury
Contractual
200,000.00
1,000,000.00
5,000.00
each aircraft
each occurrence
each loos
Additional Coverages:
The aoo,'c Certifn:ate Holder is also provided witb ::a Hold }bnnlcss.
The abo'Vc Certificate Holder is included as an Additional ITlS1JTCd but only to the extent ofliability
vicariously imposed upon the Additional Insured solely as the result of an aet or omission of the
Name4 Insured or its: employees in connection with the Named Insun."(i's Operations.
Subject to Y2K Endorsement
Should any of the above described policy(iCi} be canceled before the expiratiCln date hereof, the issuing complln)' will
endeavor to give 30 days. notice to the ccrtifiCi\te holder Damed herein. However, failure to l%Ulil ~ch notice !than not
impose any obligation nOT any liability oeany kind upon the compllJlY. its representatives or agents.
*10 days fornon-paym.em
~~ 4f;'
8y: ' "
. ~_Br()wn&A" tes
Insul'lUlCe Sel'Viccs
~
Date of(ssue: November 21, 2000
CcrtNo.: 1
2'd
2H:tr- 962 r SOE)
a ~ ..Ia~-o 'HIt ~a
d62120 20 92 ~n~
OK~~rv ~20~~E
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Monroe County Risk Management
1100 Simonton Street
Key West, FL 33040
(305)292-4542 Voice
(305)292-4564 Fa."
(305)295-4342 Fax
Antique Aircraft Restoring, Inc.
7500 Gul&tream Blvd.
~araLhon.FL 33050
ro, .--. IIOARD OF (~()IINTY (.OMMI......."OI'l.:N.....
~ ,(OR Chlrla "l)(lIIIIY" ~ny. I)imic:t;l
oo"'~- Mayllr Pro ll:m DiKM: Spdur. Dislrioct I
NOl'I Will..... ()~ct 1
GWC&ll Ncu&llnl, Dililril:1,.1 2
MlIr1lI)' Ncl!;l)n, I>l'lllia. ~
.
August 25,2002
Re: CDRTlFICATE OF INSURANCE
Dear SirsIMadarn:
Our files indicate that your insurance ha..~ expired. Please fOTWd.rd a cum:nt ORIGINAL Certificate
..oflnsurance in compliance with the contract for:
LEASE AGREEMENT
To the Risk Management o1fice al above address indicating coverage for the following:
AIRCRAFT LIABILITY
BANGARKEEPER'S LIABILITY
9/6/0t
916/01
The Cenificate must notate "Monroe County Board or County ComnailAioncl"lIft as eerti:ficate
holders and additional insured as required in your contract.
If you have any questions, plea..~ contact me at the Risk Management office at (305)292-4542.
ffi. rely,
\ ~
f2iuA . .
M.. Slavik
Risk Management Specialist
- .. _I