04th Amendment 09/18/2002
.,- , '
Glerk Of 1IIe
Gircul Glun
Danny L. Kolhage
Phone: 305-292-3550 Fax: 305-295.3663
Memnrandum
To:
James R. "Reggie" Paros, Director
Public Safety
Isabel C. DeSantis, . .l
Deputy Clerk r
From:
Date:
Wednesday, October 30, 2002
At the Board meeting on September 18, 2002, the Board approved the fOllowing:
1. Amendment to Lease Agreement between Monroe County and Tango One
Flight Academy for additional space in the Terminal at the negotiated rate of $441.75 per
month.
2. Amendment to Lease Agreement with Grantair Service, Inc., Fixed Base
Operator (FBO) at the Florida Keys Marathon Airport.
Should you have any questions concerning this matter please feel free to contact
this office.
Copies: Finance
County Attorney
B. Moore
./ File
AMENDMENT TO LEASE AGREEMENT
GRANTAIR SERVICE, INC.
THIS AMENDMENT is made and entered into this /VtA day of ~7E;Vi~~.
2002, by and between Monroe County, hereafter County, and GRANTAIR SERVICE, INC.,
hereafter FBO.
WHEREAS, on the 10th 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, and the
June 21, 2001 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 100' x 150' real property
abutting the southeast side of their current leased area as described in Exhibit A1.
Exhibit Al is attached to, and made a part of, this lease amendment. This 100' x 150'
real property 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 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 begins on October I, 2002 and ends on September
30,2007. If no permitted improvements are made within one (1) year of the amendment
date, then this subparagraph a) of the amendment becomes void. The rent for this real
property becomes due on October I, 2002. This real property is 11.3 cents per square
foot per year, payable in advance, at $141.25 per month or $1,695.00 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 31.5 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 I, 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,
4. 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 Jet 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, COT'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.
2
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 Jet 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.
I,~c'WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to
be eX,~~fed by itsd~tYauthorized representative.
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A nS~"'tlDAN~L,. KOUf,AGE, CLERK
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BY~~~-~;'.~~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By a
Mayqairman
BY~
Title \-ta.u,~\.u,.... ~Jf~ ~ a,
GRANTAIR SERVICES, INC.
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ATTEST:
APPROVED AS TO FORM
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SURVEYOR'S NOTES:
North amlw based on NAn 83 (1990) State Plane Coordinate System
Reference Bearing: NAn 83 (1990) State Plane Coordinate System
"tJ'denotes existing ele\l.?tII19't
Elevations based on N:C.V:rr. 1929 Datum
Bench MarX No.: " Elevation:
J.fonumentatlon:
. - set Spilee or P.K. Nail. as noted J.907 (destroyed)
S - set 1/2- Iron pipe, P,LS. No. 2749
. a found 1/2.- jron pipe
Abbrwtatfona:
S~. _ story o/h D Overhead
R W- Right-of-Way u/g D Underground
fd. - Found F.FL - Finish Floor Elevation
p. - prat canc.= concrete
m. - Meosured
O.R. ::a Official Records ~ ::II Baseline
Sec... Section C.B. ::II Concrete Slock
Twp. "" Township C.8.S.::II Concrete alock Stucco
Rge. "" Range cov'd. - Covered
N:T.S.- Not to Scale DE - Electrical Pull Box
( - c.nterline
8ev. .. Elevation OE= Electrical Man Hole
8.M. "" Bench Mark
EXHIBIT
A3
f .
1996 Edition
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
" .....
"
Recognizing that the work governed by this contract involves the repair, servicing, maintenance,
fueling, or storage of aircraft, the FEO will be required to purchase and maintain, throughout the
life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the
Monroe County Board of County Commissioners as Additional Insured.
The minimum limits 'of liability shall be $5 million.
The FEO shall (llso purchase Non-owned Aircraft Liability Insurance with minimum limits of
$5,000,000 per occurrence.
Modified by Risk Management 2/5/98
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POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACf
BETWEEN
MONROE COUNTY, FLORlDA
AND
1996 Edition
.....:'
"
"
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:
$1,000,000 per Occurrencel$2,000,OOO Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
Modified by Risk Management 2/5/98
I, ( I. II \ I I I. .11 . ~ r , I III I ~ ! " II II ~'1 ] ( III
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EXHIBIT
A4
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CERTIFICATE OF INSURANCE
CERTIFICA TE DATE: 04/10/2002 CERTIFICATE NUMBER: 02-o5PF.T
CERTIFICATE BOLDER: POLICYHOLDER:
Monree County BOllrd of County Commissioners Gfilntoir Service. Inc.
its employees & ofticials ~lIQO Overseas H'ghwuy
SlOO College Road Marathon, FL 33050
Ke>' West, FL 33040
Th,s IS to certify lhallhc: tollowing poliCY(Si, SUbj~t to 1111.; tcons. cOI\lJitions, JimilUlioos illltl <:mlllrscmc"'~ C0l11[111l:(llhcrcln, ~1l(1 ourillg 11":i;~"li"L:livl~ per,nd, I\~~" b~-;;;;-
jS~llCd by the cOll1pany(s) indicalel.l bduw, In ll1c event ofmaterlal cMnl)C or c~nccllmloll or-said polic)I(l), tbe campa"y will LTldeavor to "OWy (lie CCrtjr;c~lc bolder, but
:i1ilurc to do SO;hl1l1 impllliC no Ii:tbjli~ or obli!l'lliu" U\ ""l' kind LInn" the undcr<ignecl c:>r rh~ colt\j:nIlY(s) iflVOlv~~:_ ,__,..,
OTHER
Florida Petroleum liability lcsurance Program
FPL 751 1949
Novembtlr 17,200 I CO Novl:mbcr 17,2002
Policy Type:
(nsuranclt Company:
Policy Number:
Policy Period:
PETROLEUM/POLLUTION LIABILITY
Dcductib Ie:
S 1 ,000,000 El1ch Occ;.wrencc: i $2.000,000 A~gr-.:g.:stc
S.5,OOO Each Claim
Tm:. FORJ:.'(jCINC P.VID~SCf: OFCOY~;RflC;C: rs ,vOT V['RB,tTIMOF POLICY CONDITIOJIIS, L/MJT,.Jt:ON.\' OR u:vOUtlGF.; mE POl..lcr(s) nCf'Il1:.'Sll,\'7','.'D
BY TilLS eEl/TIPICArE ARI'.: NOT AMRND[D IS ,!NY W,1 r UNLESS so STArED ON THIS CER1iP1C;ITI::,
ADDITIONAL AGREEMENTS:
Additional lnsured
Monroe County Board of County Commissioners its emptoyees & ofl'ici:1Js is included as :Ul
Additional Insured for Liability Coverages, but solely with respect to operation:! of the Named
Insured, subject to all policy terms ant! condition:;,
:;~~EMENT
DATE O~
WAIVER N/A~YES
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~~(rta)lk.
NOTtCI! OP CANCI!....~:tlp~: rN TliF. EVENT OF MATERIAL CII,'NGI1 OR C"NCL!T.L^TION OF SAID l'(')I.[CY(5}, TIn; COM"^NYIS) SHALL 1:!\lDti,WOo<
TO G[VE JO OA VS WRITTr.N /'IoneF. TO THF. CF.R1'rFICA TF. HOWER. WITH THE EXC EI'TION OF ^ Ie Di\ Y NOTICE FOR. "'i,lN.PA VMn.T OF l'r<F.MIlI'"l
AviaTion [nsur:mce Agency, Inc. I
90 I S,W, Martin Oown~ 8ouleviJ,rd
P,Q, Box 2260, Palm City, FL 34991 , J~ ~
www.avnins.com , -4<..t;. 0 f
r'!,..on, (172) 286-j)626 - Foe.imil, (712) 286-1108 /. - A~~'riF"""" J
.-
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CERTIF'lCA TE OF INSURANCE
CER_TIFJC.A,TE DA.TE: 0410912002 CERTIFICATE NlJl\.'1BER: 02-02WC
CERTIFICATE HOLDER: IPOLICYHOLDER:
Monroe County Board ofCoumy Commissio'H:rs Grontair Service. lnc;,
its ~mployees & official~ 3800 OverY-cas Highw:\y
5100 College Roatl Mar03thon. r'L 33050
Key West, FL 3j040
rhis is 10 eertil} tho( l/le rollowin~ poli':jI($). .uhj~ct to tllC i~'Trr'.'. ~ondili~ns. limllulmns and cnuur.;cmcnt.\ cOnlained ti:ercin. ~nJ durin!:. th~ir effectIve pcrioLi, hu.'c betn
i.sucd hy the eompony(<l indIcated below, 'nthc \l,cnl ot'matcriai chnnllc or .;:'I11:;ellaliun or s:1id poli~y(s). the compnny will cn<J....;I\'OI 10 nUli tY the cCfrili"nrc ~'oIJcr bUI
",IIU1e [0 do sn ,/1"" impose n~ hablllty 0.' ilbli::;ctiol1 of~)' kin<.l U1X'I'l the u,n<.lcr"~ncd O.:.~IC cnmp:1111'(5) lnvot::.cd. .
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PQlic:y Type:
Insurance Compzny:
PDIil;y NUl11ber:
P()li(.j' Perind:
WORKCOMP
Employers I n.sur:mce of Wausuu
Unassigned
AprH 10. 2002 to April 10. 200.)
EMPLOYER'S LII\BILlTY . Sf BY ACCIDENT
EMPLOYERS L1ABn.rTY - Sf BY DISEASG
$ J ,000.000 Each Accident
$1,000.000 Each Employee 1:S 1.000,000 Policy Limit
THE FO!?EGOING EYIDENCE 0/0' COVERAGE IS NOT VERfJA TIM 0'" POLlCY CONOITIOJolS, LIMITATIONS OR LAN(;U,IGc: Tw.: PIJL/CY(S) I~!-.'i'f!t:SE.v-n:n
BY THIS CJ;'HT/FI0ITII IIRJ.; NOT tlMENDP./J IN ,.INY WA l' I !,\'I.,~'~:~ SO S7'.~ rED o~ THrS CEI..'7'WIC'1 rE.
ADDITIONAL AGREEMENTS:
W.3.NER
N I A --::::::::\'E S
NOTICE OF CANCELLAl'ION: IN THI; CVE~l' OF MATF.R1AL C/lt\N(iE OR CANCr:L1.,ATiON 01' $.\11) I'QUCY(S), THE COMI'ANYr$j SHALL l:l'DE,Wnl~
70 GIVe: J~WQrTIF:N NonCE TO THl; C13KTIFIC\ T~ HOU)!:R WITH THr. F.XCF.I'TJON Or ^ 10 !)^ Y NOTICr: FOR. /'ION-I'^ YMF.NT OF I'>RliMJUM .
Aviation Insurance Agency, Inc.
90 [ s. VI_Martin Downs Boulcv3..d
P.O. Box 2260
Palm City. FL 34991 n
Td~phonc (S61) 286-0626 - F:lc:::irn ile (;~61) 286.1/ 08 ~_...
[horir.cd Si~nu!urc