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03rd Amendment 07/17/2002 Clerk oIlIIe CimuR coun Danny L, Kolhage Clerk of the Circuit Court Phone: (305) 292-3550 FAX: (305)295-3663 e-mail: phancock@monroe-clerk.com Memnrantlum TO: Reggie Paros, Director Public Safety Division ATTN: Stacy DeVane Executive Assistant FROM: Pamela G. Ha~ Deputy ClerkU DATE: July 31,2002 At the July 17, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of an Amendment to Lease Agreement between Monroe County and Grantair Service, Inc. concerning the construction, installation and purchase of a Jet A Fuel Facility. Enclosed is a copy of the above mentioned for your handling. Should you have any questions please do not hesitate to contact this office. Cc: County Administrator w/o document Risk Management w/o document County Attorney Finance Filet/' AMENDMENT TO LEASE AGREEMENT GRANTAIR SERVICE, INC. THIS AMENDMENT is made and entered into this /7 ti day of JULY 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 agreement, which was amended on June 21, 2001, and September 19, 2001, to provide Fixed Base Operations at the Marathon Airport, hereafter original lease. Copies of the original lease and amendments are attached to this amendment and made a part of it; and WHEREAS, the parties desire to amend original agreement; now, therefore, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 3 of the September 19, 2001 amended agreement is amended to read: 3. The County and the FBO agree that if FDOT or FAA funds are used to construct, install or purchase a Jet A Fuel Facility on the currently leased premises the County will receive from Grantair 6 cents per gallon of pumped fuel as described in the original lease and/or Marathon Airport Minimum Standards. If no FAA/FDOT funding is utilized the fuel flowage fee for Jet A fuel will be .04 cents per pumped gallon as per the lease agreement and the Monroe County Airport Minimum Standards. Before the Jet A fuel farm can be operated, the County must receive original Certificates of Insurance in the amounts required by Risk Management as described in Exhibit A3, COl's to be attached as Exhibit A4. In the case that FDOT or FAA funds are used in part to construct, install or purchase the Jet A Fuel Facility, then the FBO must provide an irrevocable letter of credit in the amount equal to their estimated share of the improvement before the County awards the contract for such improvements. This agreement must allow the County to draw on the letter of credit as needed to pay for the FBO's share of the construction, installation and purchase of the fuel farm. The County agrees to pay one-half of all the construction costs of the hangar building, paved areas and infrastructure, as approved by the Florida Department of Transportation. Payment Applications will be processed through the Airports Business Office. Upon receipt of contractors payment application, a copy will be provided to Grantair. Grantair 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 Grantair, to the County Finance Department for review and payment. All Change Orders must be approved by FDOT and/or FAA. If the FBO wishes to proceed with a Change Order not approved by FDOT and/or FAA, then FBO will be responsible for the entire cost of the item. If additional funding, above the original amount of the FDOT and/or FAA agreements, is not available then any costs incurred over the amount of the original FDOT and/or FAA grant will be paid entirely by the FBO. The fuel farm is County property upon completion. 2. Except as set forth in paragraphs one and two of this amendment to lease agreement in all other respects the terms and conditions of the original agreement remain in full force and effect. ,<'ltJ WITNESS WHEREOF, each party has caused this Agreement to be executed by its . ,',., ~'/"~; ~~~f~,representative. f"',:J~j \S~: "'." \"~\.Jl ii. >::Ai:.tE~'i';t(~';NY L KOLHAGE CLERK '; ~ /V91'1. I "~'~ft~..~ :") Deputy Clerk U") '-'J <2: ':'::1 ....J .__ u... :r ;-: . t.,;)>= :~x~ Wo ,-I .t.,;) , ~..-- ..~_.-;w "-.~o :0:;: U Q;;: -<t: :z: .-~ C':1 L BOARD OF COUNTY COMMISSIONERS OF MONROE CO'f1~"",I, I FLORIDA \Vi I ,i By o '-1::: o C) ~~ 0::: o u... ("') o. :5 IIJ 4 ~tle ~ u... c:= (".,.; By Title J dairMAPGrantairX