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1st Amendment 07/21/2021 a °°'• '',, Kevin Madok, CPA - Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: July 30, 2021 TO: Bed: l.eto Airports FROM: Sally M. Abrams, D.C. SUBJECT: July 21, 2021 BOCC Meeting Attached, for your handling, is item 113, First Amendment to the Master Fixed Based Operation (FBO) Lease Agreement with Grantair Service, Inc. and Marathon Aviation Associates, granting the FBO approval to relocate and construct, at FBO's sole expense, the Rich Hangar on vacant space available on the East side of the Florida Keys Marathon International Airport. Should you have any questions, please feel free to contact me at ext. 3550. Thank you. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 MARATHON FIXED BASE OPERATOR(FBO)AGREEMENT FIRST AMENDMENT MONROE COUNTY MARATHON AVIATION ASSOCIATES,LLC THIS MARATHON FIXED BASE OPERATOR (FBO) FIRST AMENDMENT is made and entered into this 21st day of July , 2021, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West Florida 33040 (hereafter, the"County"), and Marathon Aviation Associates, LLC, a Florida limited liability company whose address is 8800 Overseas Highway, Marathon, Florida 33050 (hereafter, the "FBO"). WHEREAS, on November 4, 2020, the County cancelled its then existing April 10, 1998, lease and all of its amendments with Grantair Service, Inc., a Florida corporation and Marathon Aviation Associates, LLC, entered into new lease with the Monroe County (the "Jet Center Lease"), incorporated herein by reference; and WHEREAS, ramp access for larger sizes of aircraft at the West end of the airport is limited by the location of Rich Products Hangar,which is located immediately West of the FBO Terminal (the"Rich Hangar"); and WHEREAS,the Rich Hangar occupies land that could be utilized for ramp space, improve airport safety and the orderly flow of aircraft on the ramp; and WHEREAS, the parties desire the FBO relocate the Rich Hanger to space available on the East side of the airport on vacant land adjacent to the Monroe County Sheriff s Office and identified as "U10" on the Jacobs' Engineering Ultimate Airport Layout Plan dated June 2020, Sheet 4 of 14" (the "Vacant Land") and the FBO has agreed to be solely responsible for all the costs associated with the relocation and the construction of the Rich Hangar and the associated access ramp, a diagram illustrating the location of the Vacant Land is attached hereto as Exhibit A (July 21, 2021); and WHEREAS, the County finds that the relocation of the Rich Hangar will enhance the safe and efficient operations at the airport; and WHEREAS, upon the relocation of the Rich Hangar the FBO shall begin paying additional rent to the Airport, which will enhance the airport's financial sustainability. NOW THEREFORE, in consideration of the mutual promises and benefits set forth below, the receipt and sufficiency of which are hereby acknowledged,the parties agree to amend the Jet Center Lease as follows: 1. Recitals: The foregoing recitals are true and correct and are incorporated herein by this reference. 2. Section 2—Premises: a. Sub-Section 2) a)is hereby amended in its entirety to read as follows: 1 „ a) The County, as of the Effective Date of this Agreement, hereby leases to the FBO three (3) individual parcels, also referred to as the premises, at the Florida Keys Marathon International Airport as depicted in Exhibit A, Exhibit B, both dated July 17, 2019, incorporated herein by reference along with the vacant land adjacent to the Monroe County Sheriffs Office on the East side of the airport identified as "U10” on the Jacobs' Engineering Ultimate Airport Layout Plan dated June 2020, Sheet 4 of 14 (the "Vacant Land" attached as Exhibit A - July 21, 2021) on the terms and conditions set forth herein. The FBO is hereby authorized to (i) decommission and dismantle the fuel farm located on the parcel depicted on Exhibit A (of the original agreement) following the construction of a new fuel farm and hangar buildings for small and midsize aircraft as depicted in the Florida Keys Marathon International Airport, Concept Site Sketch 6 —West-V3, attached hereto as Exhibit C (of the original agreement) and incorporated herein by this reference (the "New Fuel Farm and Hanger Complex") and (ii) relocate the Rich Hanger from its current location to the Vacant Land. The FBO shall submit plans and specifications for the New Fuel Farm and Hangar Complex and for the relocation and construction the new Rich Hangar (Hangar rendering attached as Exhibit B - July 21, 2021) and associated access ramp by November 1, 2021. Construction of the new Rich Hangar and access ramp must commence by November 1, 2022. b. Sub-Section 2)b)is hereby amended in its entirety to read as follows: "No buildings, structures or other improvements to real property may be added by the FBO to the either the premises described in Exhibit A, Exhibit B, Exhibit C (of the original agreement) or the Vacant Land, other than the (i)the new fuel farm and hangar buildings complex for small and midsize aircraft depicted in Exhibit C (of the original agreement) or the relocation of the Rich Hanger to the Vacant Land without a separate agreement concerning the same with the COUNTY." 3. Section 3—Rent, Fees, Late/Dishonored Payments: a. Sub-Section 3) a)is hereby amended in its entirety to read as follows: ,,a) The FBO must pay monthly rent on an arrears basis as follows; $7,269.44 per month plus tax for the premises described in Exhibit A(of the original agreement). The FBO shall also pay monthly rent for the premises depicted in Exhibit B (of the original agreement), on an arrears basis. The initial rent for the premises depicted on Exhibit B shall be $1,023.00 per month and shall increase to $4,278.50 per month plus tax upon completion of the New Fuel Farm and Hanger Complex ("completion" for purposes of this Sub- Section 3(a) shall be defined as the day upon which fuel is first received at the New Fuel Farm and Hanger Complex). Additionally, beginning on the earlier to occur of either (i) November 1, 2023 or (ii) the completion of the relocation of the Rich Hanger, the 2 FBO shall pay additional monthly rent plus tax for the Adjacent Land pro rata,on a per-square foot basis. Rent shall be paid in equal monthly installments, all of which shall be due and payable on or before the fast day of each calendar month during which this lease is in effect.Upon the failure of FBO to pay any installments when due, the County will be entitled to charge and collect, and FBO 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 FBO 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 21 of this lease. In the event that any check, draft, or negotiable instrument by which FRO 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." 4. Savings Clause: Except as set forth herein, all remaining provisions of the Jet Center Lease not inconsistent herewith,shall remain in full force and effect. • 4•'�� IN WITNESS WHEREOF,each party has caused this Agreement to be executed-by its — 1,3 S1 1 orized representative as of the date first written above. 4 , "AL) BOARD OF COUNTY COMMISSIONERS KEVIN MADOK,CLERK OF MONROE COUNTY,FLORIDkC T IT-- T By �l ./t M i JIM'v J B r i/"L(t 1 l�/fYf)(1� (j\ As Depu, Clerk 07 ZA, ZOZ l Mayor Michelle Coldiron Witnesses MARATHON AVIATION ASSOCIATES, LLC. By D _ Print Nam • By:Martin H.Hiller,its Manager • PeCel.ais -P "NAOS ATTORNEY nt Name ()Last Hi t I p0v Forty 3 ASS I6T0. NTY ATTORNEY Date 7/21/21 EXHIBIT A - July 21, 2021 rm [7Hangar nphon r P - �; 1 5' 1 Setback AH w ap i dm, i wa , Trrn�jfiiUl�,/I i,....... �, r/ , ,, r// /i i�iai�/rj�a J� ✓ii/�Oi���ijlro ITHIEW EB July 21, 2021 N AM o) Mw ,Mot 77/8/2021 E(MM/DD/YYYY) ACTOR" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER AssuredPartners Aerospace NAME: Spencer Dibble 25548 Genesee Trail Road a°NNo,Ext: 7207463251 Fvc,No): 3035265303 Golden, CO 80401 E-MAIL ADDRESS: sdibble@airsure.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Starr Indemnity&Liability Company 38318 INSURED INSURER B: Travelers Indemnity Company 25658 Marathon Aviation Associates, LLC, et al INSURERC: QBE Insurance Corporation 39217 9850 Overseas Hwy Marathon, FL 33050 INSURERD: Commerce and Industry Insurance Company 19410 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 62796039 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A / COMMERCIAL GENERAL LIABILITY ✓ 100023116303 4/10/2021 4/10/2022 EACH OCCURRENCE $25,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED ✓ PREMISES Ea occurrence $ MED EXP(Any one person) $25,000 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ POLICY❑ PRO JECT ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: Aviation Liability $25,000,000 B AUTOMOBILE LIABILITY ✓ BA9278A68520H PR 4/10/2021 4/10/2022 Ee aBINEDtSINGLE LIMIT $1 000 000 ANY AUTO T BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY ✓ AUTOS HIRED NON-OWNED 77 PROPERTY DAMAGE $ ✓ AUTOS ONLY ✓ AUTOS ONLY µ. "�'"° Per accident 8 . 2021 $ UMBRELLA LIAB OCCUR D ..�"'""""� �" ` EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE P ' AGGREGATE $ DED RETENTION$ $ C WORKERS COMPENSATION AWC0500248 4/10/2021 4/10/2022 7/ STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D Storage Tank Pollution Llability ✓ FPL007511949 11/17/2020 11/17/2021 $1,000,000 Each Occurrence $2,000,000 Annual Aggregate $5,000 Deductible Each Loss DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Except for Workers Compensation/Employers Liability,the Certificate Holder is included as Additional Insured but only as respects operations of the Named Insured. We won't cover the Certificate Holder for claims arising out of their liability as manufacturer,seller, handler,distributor or service facility of any product or service sold,handled,distributed or provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 10085- FX Duluth GA 30096 AUTHORIZED REPRESENTATIVE Kerin Dodd ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 62796039 120-21 Work Comp / Auto / Property / GL I Spencer Dibble 17/8/2021 1:02:23 PM (MDT) I Page 1 of 1