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1st Amendment 11/23/1994 1JBannp JL. !tolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 . CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 MEMORANDUM '10: Peter Horton, Director Division of Community Services Ruth Ann Jantzen, Deputy Clerk #..41. FROM: DATE: December 13, 1994 --------------------------------------------------- On November 23, 1994, the Board of County Commissioners granted approval and authorized execution of the following documents: Contract Agreement between Monroe County and ASAP Marine Contractors for the emergency repair of Channel Markers #11, #12, #13, #15 and #16 in Windley Key Pass, in the amount of $4,350.00. Display Lease between Monroe County and Rejoyce, Inc., for space at the Key West International Airport. Lease Amendment between Monroe County and Keys Woodworker, Inc. , for a parking lot at the Marathon Airport. This Amendment adds required FAA language to the Agreement, and states the access gate to the Mosquito Control District must be kept clear. Resolution No. 385-1994 authorizing the f"Iling of a Grant Application with the Florida Department of Environmental Protection, Boating hnprovement Fund, and directing the execution of same by the proper authorities for the installation of Aids to Navigation in Sugarloaf Sound. Resolution No. 386-1994 authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of DV091420, DV091422, DV091423, DV091425, and DV091661 located in Boca Chica Bay. Peter Horton December 13, 1994 Page 2 Resolution No. 387-1994 authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of alien vessels. Resolution No. 388-1994 authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of DV091779 located in Islamorada. Resolution No. 389-1994 authorizing the filing of a Grant Application with the Florida Department of Environmental Protection, Boating Improvement Fund, and directing the execution of same by the proper authorities for the emergency removal of DV091626 located in Stock Island. Enclosed please find a fully executed copy of each of the above Agreements to be returned to your Providers and two certified copies of each of the above Resolutions for your handling. If you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Finance County Administrator, wlo document File JrEASE AMENDMENTFllEO f OH RECORO THIS AMENDMENT is made to the lease agretMertlBclid BJriQ~6, 1993, between Monroe County (Lessor) and Keys Woodwg~, InC~\I(Lessae). The CL 1', ...iK>. , parties, in exchange for consideration valuable to bottt'~~~ ~~~~lld.Jsl: ;, 1. The access gate to the Mosquito Control District premises must be kept clear by the Lessee. The location of the access gate is shown on the map attached as Exhibit A and incorporated into this amendment. 2. The Federal Aviation Administration Required Lease Clauses, attached as Exhibit 8 and incorporated into this Amendment, are made a part of the Lease Agreement between the parties. For the purposes of Exhibit 8, Airport Owner and Lessor refers to Monroe County and tenant and Lessee refers to Keys Woodworker, Inc. The terms of Exhibit 8 supersede any conflicting terms in the parties' original June 16, 1993 Lease Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, this ~ 'r~ day of ND If ~~y I 1994. By ~#"~HW eputy rk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By :j. jJt.;;rd;o~..~~ Mayor/Cha nn n (SEAL) Atte.t: DANNY L. KOLHAGE, CLERK (CORPORATE SEAL) Attest: B~Sc,~ Secretary APPFKJVED AS ~(l~~.1 ~~':)I.; '): r-'"'Jil.L SC t:' .-.- 'f" y .t~_A . 1-?-- i ! I : .\ ~I' . " II' I l'LAWTIIa. t/(') ::t > .....0 0 n en ::s en n (1" (1"..0 . ro 1'1 1'1 C Ul ~ .....0 .....~~ , , , , , , , , i~ f~ 1- O'IZ o I'" .. 1 ,"f1 :~ I", , . I I .. I , . I I V to- " M .~ ~~ "J: fG .G\o ~i a ~ { I " . ,,/ .1 . ~~ - . I~j W: I~; I:~ f~:1 ~ I~ I~ it.. o r~ rh ~, ~ "';:. ..~ .. "t It.: . C1 l~ i _of;' i~i .. t'~ ;~ 'E ': ~ ~ t t :: i':.~ ~ :~ ~ '- I>: . :....~ I~~ ~ ~. \'~. ff .'~. ...-- i.... ~.~ ~r::" ~ -. :;:-.. --... ,~ ., ,,'If> i.~ f .. ,,, . ~ '.. '\ '" ~ m ~ - C>~ tOol .. ~ <Al 0.. l "' ~ ... ... - -- ... / .~ - ~ z: G\ ~ ~ ~ "Z. rt\ ~ > . . '- ~. .. .,':. :: ~. , ' . - ;; , . .... .-, ";.......,.- ' . _P, -_ .'- -;., ~..'" i::' ~.... - -",' -"'.......... ~...... , -.. -- ~. .. --tit '" . '~........ . "" , <Ill ..' ... . , ... .' . II 1\ II Exhiblt \0".'" 5illEeT . ) I ~ 1 FAA REQUIRED LEASE CLAUSES 1. This lease shall be ~ubject to review and re-evaluation at the end of each ~ year period, by the airport owner and the rent may-be adjusted according to their action, not to exceed the Consumer Price Index rate during the last i?- month period, or; Land less improvements will be appraised every 5 years and the adjusted rental will be based on normally 10-12 percent of appraised value. If disputed, lessor obtains appraisal at ~is expense and lessor/lessee equally share expense for review appraisal that establishes fair market value. 2. The tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, ~r 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. Transportat-i.on, 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. 3. That in the event of breach of any of the above nondiscrimination covenants, Airport 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. It shall be a condition of this lease, that the lessor reserves unto ~tself, 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, E~hi b; + rs .~ . 1 ., now known or hereafter ~sed, for navigatiop of or flight in the said airspace, and for use of said airspace for landinifon, taking off from or operating on the airport. That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growtn 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 Lessee expre~sly 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. 4. 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 said 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 hereatter be adopted by the Airport Owner pertaining to the fl/./\ IL/~1" H 0 N Airport. s. 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. ~ ~-- -.~;.~' ~.~-:-""; .'~ . . ~ .__~"r:--".' . ~..: ..:. .:;::.. . - '. - -- . :;5j,~ :"_~~:~~~~~~'--_ .~_._.