Item C33BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 17, 2004 Department: Airports
Bulk Item: Yes X No —
Airport: Florida Keys Marathon Airport
AGENDA ITEM WORDING: Approval of Amendment to Lease Agreement with Grantair Service,
Inc., Fixed Base Operator (FBO), at Florida Keys Marathon Airport
ITEM BACKGROUND: The attached amendment primarily substitutes another parcel of land, 240'
x 105', abutting the west side of Grantair's current leased area for one in a previous amendment that
was I00'x150' abutting the southeast side of their current leased area.
PREVIOUS RELEVANT BOCC ACTION: On September 18, 2002, BOCC approved an
Amendment to Lease Agreement with Grantair Service, Inc.; amendment included the lease of an
additional 100'x150' parcel for use as rampway extension and vehicle parking for a five year term.
CONTRACT/AGREEMENT CHANGES:
This amendment changes the lease from a 100'xl50' parcel abutting the southeast side of their current
leased area for a 5-year period to a 240'x105' parcel abutting the west side of their current leased area,
which will run concurrently with the 20 year term of the original lease. The rates have been changed to
reflect the current lease rates; payment for the new parcel will be due effective April 1, 2005.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A
COST TO COUNTY:
BUDGETED: Yes _ No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER YEAR
$38 000 per year for
entire leasehold,
adjusted annually, plus
fuel flowage fee
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
MARAT
HON AIRPORT MANAGER APPROVAL:
ames R. "Reggie" Paros
DIRECTOR OF AIRPORTS APPROVAL:
Peter J. orton
DOCUMENTATION: Included X To Follow Not Required f '
DISPOSITION: AGENDA ITEM # `'�
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Grantair Service, Inc. Contract #
Effective Date: 10 April 1998
Expiration Date: 9 April 2018
Contract Purpose/Description:
This amendment rescinds previous amendments containing scrivener's errors and other
inconsistencies and consolidates their subject matter into a single lease amendment document. It
substitutes another parcel of land for one in a previous amendment, establishes rates and charges
for the real property and Jet A fuel flowage and provides a mechanism for the financing
and processing of payments for specific improvements and construction projects.
Contract Manager: James R. Paros 6060 Airport/15
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 03/17/04 Agenda Deadline: 3/2/04
CONTRACT COSTS
Total Dollar Value of Contract: $ Revenue Current Year Portion: $ 38,000 plus
fuel flow
Budgeted? Yes❑ No ® Account Codes: - -
Grant: $ - -
County Match: $ n/a - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities,
CONTRACT REVIEW
Changes
DVeNeeded RDivision Director 55'Yes[:]No�
Risk Management 311,1011 Yes❑ No�
O.M.B./Purchasing 6Yes❑ Nod "I A&kiUF;r_
County Attorney aJ�)%i.`t Yes❑ No® 11C �'e
I Comments:
salaries, etc.
Out
AMENDMENT TO LEASE AGREEMENT
GRANTAIR SERVICE, INC.
THIS AMENDMENT is made and entered into this day of
, 2004, by and between Monroe County, hereafter County, and
GRANTAIR SERVICE, INC., hereafter FBO.
WHEREAS, on the loth day of April, 1998, the parties entered into a 20 year lease
(the original lease), which was amended on June 21, 2001, September 19, 2001, and
July 17, 2002, to provide Fixed Base Operations at the Marathon Airport; and
WHEREAS, each of the previous amendments have been determined to contain
scrivener's errors and other inconsistencies; and
WHEREAS, the parties desire to amend the original lease, as amended previously;
now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. This amendment rescinds the July 17, 2002, the September 19, 2001, the June
21, 2001 and the September 18, 2002 lease amendments between Monroe County and
Grantair Service, Inc. in their entirety.
2. Paragraph 1) of the original lease is amended by adding the subparagraph:
a) The County leases to the FBO an additional 240' x 105' real property
abutting the west side of their current leased area as described in Exhibit Ala. Exhibit
Ala is attached to, and made a part of, this lease amendment. This 240' x 105' real
property may be used for the site of a County approved newly constructed hangar,
aircraft tiedowns and aviation activity only.
The new hangar and/or other improvements are to be built at the sole cost and
expense of the FBO. Any improvements made by the FBO to the real property
automatically become the property of the County upon the termination of this lease.
However, Federal Aviation Administration (FAA) and/or Florida Department of
Transportation (FDOT) funds may become available for improvement construction. In
that case, if FAA and/or FDOT funds are used to construct improvements, then the FBO
must provide an irrevocable letter of credit in the amount equal to its estimated share of
the improvement before the County awards the contract for such improvements and
before any public funds are provided. The County shall be allowed to draw on the letter
of credit if necessary to pay for the FBO's share of the construction costs. The County
agrees to pay the applicable percentage of the construction costs of the improvement
construction, as approved by the FAA and/or FDOT. Payment applications will be
processed through the County Airports Business Office. Upon receipt of contractor's
payment application, a copy will be provided to the FBO. The FBO will furnish a check
for the required percentage amount (amount not paid by FAA and/or FDOT) to the
Business Office. The Business Office will then forward the approved payment
application, with the check from the FBO, to the County Finance Department for review
and payment. The term of this subparagraph a) leased real property shall run
concurrently with the 20 years lease (the original lease) the parties entered into on the
loth day of April, 1998.
The rent for this real property becomes due on April 1, 2005. This real property is
11.7 cents per square foot per year, payable in advance, at $245.70 per month or
$2948.40 per year and subject to increase in amount as provided by the formula in the
original lease. If FAA and/or FDOT funds are utilized then the lease rate is 33.0 cents
per square foot per year, payable in advance on a per month or per year basis, and
subject to increase in amount as provided by the formula in the original lease.
3. Paragraph 1) of the original lease is amended by adding the subparagraph:
b) The County leases to the FBO an additional 240' x 200' real property
abutting the west side of their current leased ramp area as described in Exhibit A2.
Exhibit A2 is attached to, and made a part of, this lease amendment. This 240' x 200'
real property may be used for aircraft tiedown and taxiing only. The rampway extension
is to be built using FAA and Passenger Facility Charge (PFC) funds. If however, FAA
and/or PFC funds become unavailable, then the ramp extension shall be built at the sole
cost and expense of the FBO. The term of this subparagraph b) leased real property
begins on October 1, 2002 and ends on April 9, 2018. The rent for this real property
begins the first day the property receives a certificate of occupancy (CO). This real
property is 31.5 cents per square foot per year since FAA and/or PFC funds are being
utilized. The rent at 31.5 cents per square foot per year, payable in advance, is
$1,260.00 per month or $15,120.00 per year, and subject to increase in amount as
provided by the formula in the original lease. If FAA and/or PFC funds become
unavailable and the FBO improves the property at its sole cost and expense, then the
leased rate is 11.3 cents per square foot per year, payable in advance on a per month or
per year basis, and subject to increase in amount as provided by the formula in the
original lease.
2. Paragraph 4) of the original lease is amended by adding the subparagraph:
e) The County and the FBO agree that if FDOT funds are used to construct,
install and/or purchase a Jet A Fuel Facility on the currently leased premises the County
will receive from the FBO 6 cents per gallon of pumped fuel as described in the original
lease and/or Marathon Airport Minimum Standards. If no FDOT funding is utilized the
fuel flowage fee for Jet A fuel will be 4 cents per pumped gallon as per the original lease
and/or the Monroe County Airport Minimum Standards. Before the )et A fuel facility can
be operated, the County must receive original Certificates of Insurance in the amounts
required by Risk Management as described in Exhibit A3, COI's to be attached as Exhibit
A4. In the case that FDOT funds are used in part to construct, install and/or purchase
the Jet A Fuel Facility, then the FBO must provide an irrevocable letter of credit in the
amount equal to its estimated share of the improvement before the County awards the
contract for such improvements and before any public funds are provided. The County
shall be allowed to draw on the letter of credit if necessary to pay for the FBO's share of
the construction, installation and/or purchase of the fuel facility. The County agrees to
pay one-half of the construction, installation and/or purchase costs of the )et A Fuel
Facility, as approved by FDOT. Payment Applications will be processed through the
County Airports Business Office. Upon receipt of contractor's payment application, a
copy will be provided to the FBO. The FBO will furnish a check for one-half of the
application amount to the Business Office. The Business Office will then forward the
approved payment application, with the check from the FBO, to the County Finance
Department for review and payment. All Change Orders must be approved by FDOT. If
the FBO wishes to proceed with a Change Order not approved by FDOT, then the FBO
will be responsible for the entire cost of the item. If additional funding, above the
original amount of the FDOT grant, is not available then any costs incurred over the
amount of the original FDOT grant will be paid entirely by the FBO. The Jet A Fuel
Facility is County property upon completion.
5. All other provisions of the April 10, 1998 original lease, as previously
amended, not inconsistent herewith, shall remain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to Lease
Agreement to be executed by its duly authorized representative.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
ATTEST:
By -
Title
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By
Mayor/Chairman
GRANTAIR SERVICES, INC.
By -
Title
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SURVEYOR'S NOTES:
North arrow based on NAD 83 (1990) State Plane Coordinate System
Reference Bearing: NAD
83 (1990)
denotes
State Plana Coordinate System
.3' existing ele t19�jgQ�,,��,1
Elevations based on 1G1V 1929
Datum
Bench Marie No.: Sevatlon:
Monumarttad=
♦ set Spike or P.K. Nail, as
noted 3.907 (destroyed)
®a sort 1/2' Iron pipe, P.LS.
0 found
No. 2749
a 1 /2' iron pipe
Abbr+Wations:
Sty. - Story
R W - Right -of -Way
o/h - Overhead
I'd. - Found
u/g - Underground
P. - Plat
F.FL- Finish Floor Elevation
m• - Meosurad
cone.= concrete
Q.R. = Official Records
@ - Baseline
Ste• - Section
C.B. - Canerete Block
Twp. - Township
C.B.S.= Concrete Block Stucco
Rga. - Range
cov'd.a Covered
NT.S.- Not to Scale
Z - Centerline
Electrical Pull Box
Elev. - Savation
B.M. - Bench Mark
E
0 E = Electrical Man Hole
1996 Edivaa
AIRPORT LIABILITY
AND
_ HANGAR_ICEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the repair, servicing, maintenanc,
fueling, or storage of aircraft, the FBO will be required to purchase and maintain, throughout th
life of the contract, Airport Liability and Hangaikeepers Legal Liability Insurance naming the
Monroe County Board of County Commissioners as Additional Insured.
The minimum limits'of liability shall be SS million.
The FBO shall also purchase Non -owned Aircraft Liability Insurance with minimum limits of
S5,000,000 per occurrence.
Modified by Risk Management 2/5/98
POLLUTION LIABILITY
INSURANCE REQUIRE1fENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the FBO shall purchase and maintain, throughout the life of the contract, Pollution
Liability Insurance which will respond to bodily injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits of liability shall be:
S 1,000,000 per Occurrence/52,000,000 Aggregate
If coverage is providcd on a claims madc basis, an extended claims reporting period of four (4)
years will be requircd_
Modified by Risk Management 2/5/98
\�li 11 ill l'.I �.•1 u�ll �. �'.Il til lli ill
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Mai
CERTIFICATE OF INSURANCE
CERTIFICATE DATE: o4itorm2 CERTIFICATE NL
CERTIFICATE HOLDER: POLICYHOLDER:
Monree County Beard at"Cot nr Commissioners Grantair Service, Inc.
its employees & officials 9800 Overseas Hlo.,Auy
5!00 Colle;c Road Nlarathon, FL 330.0
Kzc .'Vest, FL 33040
)'his is to certify that the IuhOwine pollc�lsi. subjxt io Iln: ICfnU. coiiditiun5. IImIi11C1UftY Intl CndurSCnlCntn eOnt1!nCt( Ihcrcln• acid duriogo their ci'IeLIivc period, h I� Sccn
issueJ by the cornpan y(s) indicxcJ below. In the event c-I'mseria] Cttnrge or caned 1,.0o:i C� said poIicy( s), e.Ic company will cndeuvor to notify t!Ic ccre rt Gaholder, but
r'si!urc to do so ihall ;mnose no hnbiliry or obliutiun ur.uly kind unun thu undersigned nr the Comp�ny(sl iii�'nlo�d.
Policy "f ype: OTHER
Insurance Company: Florida Petroleum Liability Insurance Progrurn
Policy Numbcr: FPL 751 1949
Policy Period: ivovern cer 17, 2001 co Novcm6cr 17, 2002
PETROLEUNUPOLLUVION LIABILITY S1,000,000 Each Occ-,irrenc-�i S2,000,000 Agbr::satc
Deductible; SS,000 Each Claim
TdIF FOR6:;i,1NG ai•70E,CCF. UFCU✓F'N�tQt' IS .ti'OT YErZ9:1T1,uGr 'OLlCY CO.``'D/TlON Gi.b!!�' ;';Dti'.0 JN ;a,v�,C'aGc"; T'N, � POtlr;•!SJ rEt'r,�s!_ �7:a)
By THIS CCRTlPlG+YE ARr- ,NOT ,r.ur•.,vr E;D IN ; r r W,I r LNLESS SO ST.t'c0 G,v;- /pj CLa; i/'1CiIT.S.
ADDMONAL AGiREEI1NiENTS:
Additional Insured Monroe County Board of County Commissioners its cnploycCS & otiicials is included i< an
Additiona: Insured for Liability Coverages, but stalely with respect to operations of the N.umcd
Insured, subject to all policy terms aml condilionN.
A PPIM.ICMIZQ�GEEMENT
BY
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TO G("/E 30 DAYS WRn7F.N NOTICR TO THF CFFMFICATF HOL)6rc WITPI THE G:CCF_PTION OF A IQ DAY NOTICE. FCR-N0N.P,ky%ArNT OF Pr(F%fI11M
Aviation 'nsurance Agency, Inc.
901 SV, Martin Downs Soulcvard
P,O. Box 2260, Palm City, FL 3499!
www.avnins.com
T�-!cpnone (7i2) 286-0626 — Facsimile (772) 286-1 108
Authnrir. .jignnturc
CERTIDCATE OF INSURANCE
CERTIFICATE DATE' 04/091'20r2 CERTIFICATE Ni1�IBER: 02—o0�'c
CERTIFICATE HOLDER: POLICYHOLDER:
!Monroe County Board orCuunry Commissioners Grsntair Szrviee, inc,
Its ampluyees & ofFcial: 3300 pvcrscat Highway
5100 College koad Marathon. FL 33050
Key West, FL 33040
This is 10 ec^ily hoc Crc following polit.i(a)• zuhjcec to UIC Worms, condili, ns. Imitations and endursemena cnnplijICd p;u.c n and Curing 1 vc period, huv¢
sued by ;he eomp� y(c) indi�tled bc(ow. In the )vtnt of materinl change nr�-nlr_c1latiun of 5aid policy(y), the enm nn y wi!l :ndcit' been
rallurc to du so shell irnpese nc I12b0it Of Obligcticvl 6t any P ) of to notify the CCrUli:ntc holder. heat Y kind utyvn the unJastcncd ur 1tu comp ry(5) Invo!vcd
Policy Type: WORXCONIP — - - — —
fnsurnrice Company: Emplovers Insurance of Wausau
Policy NuMber: Unassigned
Policy Perind: April 10. 2002 to April 10. 200.1
FVPLOYER'S L1/%BILITY - B1 BY ACCIDF_NT S1,000,000 Each Accident
EMPLOYERS LIAB!1,17Y - Bl BY DlSG.45F S1,000.NO Each Employee / S1.000,000 Policy Limit
iHa FlFtGn�,v;i E:'1DCNCE7t'GOE'Er2.1G'fL) wr TYER1JaTLtICF'lOL 'YCQ�'l�IT10NS. U.tiil"f.ITIUN500 L tN ,r,Ir
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ADDITIONAL AGREEMENTS:
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Aviation Insurance ASanry, [nc.
90[ S.W. Martin Uowns BouJcva:d
p.0 Box 2260
Palm City, FL
c!ephonc (SG 1) 286
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izcd �iCn,rtur_..------__
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MARATHON FIXED BASE OPERATOR fF801 AGREEMENT
This Agreement is made and entered by Monroe County, a political subdivision of the State
Florida. , whose address is Marathon Airport, 9400 Overseas Highway, Marathon Florida 330.
(hereafter County), and GRANTAIR Service. Inc_, a corporation, whose address is 8800 Oversec
Highway, Marathon, Florida 33050 (hereafter F80).
WHEREAS, the County owns the Marathon Airport located in Marathon. Florida: and
WHEREAS, the FE0 is a corporation in the business of providing commercial full service fixec
based operations: and
Airport;
WHEREAS, the County is desirous of having the FBO provide such services at the Marathon
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 tiedowns, 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(,,) of this Agreement without a separate agreement concerning the some with
the County.
2) The County sells and conveys title to the FBO those items of personal property listed in
Exhibit 8. 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 property 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 occ.. --ncy of the premises. The FBO may ,iot occupy the premises until t,
payment is made, although the term begins to ruri on the effective date of this Agreement.-
b) The FBO must pay monthly rent for the premises. on an arrears basis, in ti-
amount of $1.700 per month. The initial rent payment is due on the effective date of th
Agreement and on the first of each month thereafter.
c) Starting on the date that the FBO begins the sale of fuel. the FBO must pay the
County a 4 cents per gallon flowage fee for each gallon sold. By the tenth of each Montt -
the FBO 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 FBO's records concerning fuel sales
to maize sure the flowage Fees ,paid accurately reflect the number of gallons said. The
inspection(s) may only be during regular business hours (9:00 AM - 5:00 PM, Monday throuch
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 on
amount reflecting the percentage in increase in the CPI during the year prior to the
anniversary date.
e) All payments owed by the FBO 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. F.S., for the year in which the payment
became overdue. The right of the County to claim interest -and the obligation of the FBO 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 FBO pledges and assigns to the County, the fixtures, goods, and chattels of
the FBO that are brought or placed on the premises as additional security for the payment of
the rent. The FBO 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 FBO
agrees to pay all costs and charges County incurred by to County in an enforcemen
action. -
4) The term of this Agreement is 20 years beginning an the effective date.
5) The FBO must pay all taxes and ossessments. including any sales or use tax. imposed or
levied by any governmental agency with respect to the FSO's operations authorized at the
Marathon Airport operations under this Agreement.
6) The FBO must obtain, in its awn 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 service. 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
FBO 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 FBO 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 S.
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
expense. The FBO c ,es to abide by and observe a, ch restrictions and limitatior
including the County fixed base operator minimum standards attached and incorporated-C
Exhibit C. and agrees that the observance of such limitations and restrictions whethE
imposed by the County, state or federal govemmental authority will not in anywise affect the
FSC's obligations under this lease. The F60 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 govemment, that effect the FBO's operations or its use of the premises_ The
FBO's obligation to obey federal and state laws, statutes. regulations and rules. any federal or
state airport pion 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.
b) ihe'F80 must constructoa fuel farm on the premises within two years of the date of
occupancy: Until the construction is complete. and until oil governmental entities with
permitting iurisdiction over the fuel form have authorized the operation of the form, the FBO
may self fuel from fuel trucks on premises to the extent permitted by the Airport minimum
standards. The FSO is permitted to finance the construction of the fuel farm. However, during
the period of financing the fuel farm is deemed by the parties to be a removable trade
fixture and no lien may be placed by the seller upon County airport property. This restriction
does not prohibit the filing of a UCC- I 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 form, 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 FBO. construct a fuel farm as provided fer in
subparagraph 8(b), the FBO 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.
d) The FBO -t pay any penalty, assessmen; fine of the federal or stc
government imposed on the County that arises out of. or is attributable to, the F8C
operations at the Marathon Airport. The FBO must also defend in the name of the Coun
any claim, assessment or civil action that is initiated by the federal or state governmer
against the County that is based in whole or in port on a claim that any aspect of the F80'
operations at the Marathon Airport violated a law, statute, rule. regulation, or program o,
project criteria.
9) The County is responsible for remedying the environmental contamination described in
Exhibit D. The F80 agrees to admit County employees or contractors to the premises of reasonable
times for the purpose of remedying contamination. Otherwise, the FBO accepts the premises in the
condition that they ate in at the beginning of this agreement. The FBO must keep the premises in
good order and condition. The FBO must promptly repair any damage to the premises and is
responsible for remedying any environmental contamination caused by the F80's operations at the
premises. At the end of the term(s) of this Agreement. the FBO must peacefully surrender the premises
to the County in good order and condition. normof wear and tear excepted. If no rent or fees are
due the County, of 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 F80 restores the
premises to their original condition. If during the term of this Agreement the FBO 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 FBO's rent for the month following the repair or clean-up.
10) The F80 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 attributoble to the FBO's operations of the
Marathon Airport. excluding
.e claims. demands, damages. li, ties, actions, causes of actic
losses, costs and expenses that are the result of the sole negligence of the County or other Airp,
tenant of the County. The FBO's purchase of the insurance required in paragraph 12 and Exhibit
does nqt release or vitiate the FBO's obligations under this paragraph.
11) it is understood and agreed that nothing contained in this Agreement may be construe
to grant or authorize the granting of an exclusive right within the meaning of the Federal aviation Ac
or its successor and that the County may enter into agreements with other fixed base operators a.
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 FBO may occupy
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 FBO must keep in full force and effect the insurance described in Exhibit E
during the term(s) of this Agreement. The FBO 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 FBO must immediately substitute complying policies so that no gap in coverage
occurs.
c) The insurance required of the FBO 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 FBO. 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 FBO from the Marathon Airport if the FBO 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.
13) The FBO may r _ause, suffer or permit any lien, mi ,age. security interest, financir
stadement or other encumbrance to be placed on any real property, fixture or improvement to rep
property owned 6y the County and leased to the FBO under this Agreement. If any of the
encumbrances just described are filed or perfected against any such property of the County, or tc
property that will belong to the County upon termination, then the FBO 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 cirperts 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
a) No person on the grounds of race. color, or national origin shall be excluded from
Participation in, denied the benefits er. 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 A of the Civil
Rights Act of 1964. and as said Regulations may be amended. That in the event of breach
of any of the obc ,nondiscrimination covenants, th _ounty shall have the righ,
terminate the lease and to re-enter and as if said lease had never been made or issued_
provisions -shall not be effective until the procedures of Title 49, Code of Federal Regulofic
Bart 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 successc
and assigns, for the use and benefit of the public. a right of flight for the passage of aircraft in tl-
airspace above the surface of the real property hereinafter described, together with the right t
cause in said airspace such noise as may be inherent in the operation of aircraft, now known c
hereafter used. for navigation of or flight in the said airspace, and for use of said airspace for landinc
on, taking off from or operating on the airport. That the FBO expressly agrees for itself, its successor
and assign, 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. That the F80 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 hrnard.
17) This Fixed Base Operator Agreement and all provisions hereof are subject and
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.
18) 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.
19) a) The County may treat the FBO in default and terminate this Agreement if the FBO
faits to tim0ly submit the payments required cF 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 1`80's receipt
of the written notice, then the County will terminate this Agreement.
b) The Count -iy treat the FBO in default and to ..gate this Agreement if the F8
does not begin fixed base operator service and have the insurance required by Exhibit
within 30 days of the effective date of this Agreement. Before the County may terminate th
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 no
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(c*(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 foils 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.
determine that the F1 , a habitual violator. When the C Jy makes that determination,
must notify the FBO in writing. The notice must explain why the FBO was determined to be
habitual violator and that any future act of default will be ncncurable will not be waivec
End will be the basis for the immediate termination of this Agreement. If a subsequent defaul
occurs, the County may terminate this Agreement by giving the FSO 15 days written notice.
The FBO must pay the County whatever rent and fees are due as of the date of termination.
The FBO will then have no further rights under this Agreement. Termination under this
subparagraph does not relieve the FBO from an obligation to pay the County any damage
suffered because of the FBO's final act of default_
20) The FBO 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:
a) 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.
b) 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 FBO from operating its
fixed base operation for a period of at least 90 days_
c) The inability of the FBO 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.
d) The FAA's failure to grant the FBO the license(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_
f) The FBO 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.
The grounds for the FS erminciticn of this Agreement as. ed in subparagraphs 20(a) _
create no basis for any County liability to the FBO and cannot serve to create any obligation cn_th
part of the County f-o pay money to the F60_
21) The FBO may terminate this Agreement and treat the County in default if the Count
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 FBO may terminate the Agreement under this
Paragraph. the FBO must give the County a written notice of the default stating that, if the default is
not cured within 15 days of the FBO'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 FBO
whatever damages the FBO suffered because of the County's default.
22) The waiver by the FBO 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 term of this Agreement, the FBO. 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
litigat►on. the prevailing party is entitled to a reasonable fair market value attorney fees and costs.
27) This Agreement has been carefully reviewed by the FBO and the County. Therefore.
this Agreement is not to be construed against any party on the basis of authorship.
28) Notices to the County provided for in this Agreement, unless otherwise specified,
must be sent by certified mail to:
Marathon Airport Manager
9400 Overseas Highway
Marathon. FL 33050 _
Notices to the F80 provided for in this Agreement, unless otherwise
specified, must be sent by
- certified mail- to:
GRANTAIR Service, Inc.
8800 Overseas Highway
Marathon. Florida 33050
29) This Agreement is the parties' final mutual understandin
agreements or understandings, whether written or oral. This g' !t replaces any eorlie
replaced except by another written and signed a r Agreement cannot be modified o!
g Bement.
30) This Agreement will take effect on April 10, 1998_
IN .WITNESS WHEREOF
_ each party has caused this A9�ement to ba executed
. by its duly
r autho&,ed representative.
(SEAL)
DBOAR COLINAte : DANNY L rOLHAGt, CLERK FMO4
COMMISS
NHS
4
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e B
ATTEST:
By
Title
Iairigrontar
APPRO
B AND I AO�Fo F�RM
DATE !7`r N
1.
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not subnut bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORMA
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County - -
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
COUNTY OF
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
19
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4