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02nd Amendment 09/19/2001 CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: January 31, 2002 TO: Peter Horton, Manager Monroe County Airports FROM: Bevette Moore Airport Business Administrator Pamela G. Hanc~ Deputy Clerk CJJ - ATTN: At the September 19, 2001, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Lease Amendment between Monroe County and Grantair Service, Inc. and requested the URS Greiner come back to the Board with a report on the equivalency of the proffered space. Enclosed is a duplicate original of the above mentioned for your handling. Should you have any questions please feel free to contact our office. Cc: County Administrator wlo document County Attorney Finance Filel LEASE AMENDMENT This Lease Amendment is entered into this 19th day of September, 2001, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon Florida 33050 (hereafter County), and GRANTAIR SERVICE, INC., a corporation, whose address is 8800 Overseas Highway, Marathon, Florida 33050 (hereafter FBO). WHEREAS, on April 10, 1998, the parties entered into a 20 year lease (the original lease) whereby the FBO is to provide fixed base operations service at the Marathon Airport. A copy of the original lease is attached and made a part of this amendment; and WHEREAS, the FBO desires to expand its premises to provide additional parking and rampway; now, therefore In consideration of the mutual covenants and promises set forth below, the parties agree as follows: 1. a) The County leases to the FBO the 100' x 50' real property abutting the southeast side of their current leased area as described in Exhibit Al, hereafter the premises. Exhibit Al is attached to, and made a part of, this lease amendment. b) The premises 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 premises automatically become the property of the County upon the termination of this lease. However, FDOT or FAA funds may become available for improvement construction. In that case, if FDOT or FAA funds are used to construct improvements then the FBO must provide a letter of credit in the amount equal to their estimated share of the improvement and sign an Agreement with the County before any public funds are provided. The County FBO agreement will allow the County draws on the letter of credit as needed to pay for the FBO's share of the construction costs. c) The term of this paragraph 1 leased premises begins on October 1, 2001 and ends on September 30, 2006. If no permitted improvements are made within 1 year of the amendment date then this amendment becomes void. d) The rent for the premises becomes due on March 1, 2002 or the first day of the month that the property is used for aircraft tie down and revenue is produced from use of the property. Property is $.30 per square foot per year, payable in advance, at $125 per month or $1,500 per year, and subject to increase in amount as provided by the formula in the original lease. 2. a) The County leases to the FBO the 240' x 200' real property abutting the west side of their current leased ramp area as described in Exhibit A2, hereafter the premises. Exhibit A2 is attached to, and made a part of, this lease amendment. b) The premises may be used for ramp way extension only. The rampway extension to be built at the sole cost and expense of the FBO. Any improvements made by the FBO to premises automatically become the property of the County upon the termination of this lease. However, FDOT or FAA funds may become available for improvement construction. In that case, if FDOT or FAA funds are used to construct improvements then the FBO must provide a letter of credit in the amount equal to their estimated share of the improvements cost and sign an Agreement with the County before any public funds are provided. The County FBO agreement will allow the County draws on the letter of credit as needed to pay for the FBGs share of the construction costs. c) on April 9, 2018. d) The term of this paragraph 2 leased premises begins on October 1, 2001 and ends The rent for the premises begins March 1, 2002, or the first day of the month that the property is used for aircraft tie down and revenue is produced from use of the property. The property is $.30 per square foot per year, payable in advance, at $1200 per month or $14,400 per year, and subject to increase in amount as provided in the original lease. Rent is subject to an increase or decrease upon recalculation of completed improvements square footage. 2 3. The County and the FBO agree that if FDOT or FAA funds are used to constuct, install or purchase a Jet A Fuel Facility on the currently leased premises the county will receive from GRANTAIR .06 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, COI's to be attached as Exhibit A4. 4. Except as specifically provided in this lease amendment, this lease amendment is subject to the terms and conditions of the original lease all of which remain in full force and effect. - . co ESS WHEREOF, each party has caused this Agreement to be executed by its duly IA'i lJjb....." ~ ~".70':: . '.ative the date first written above. BOARD OF COUNlY COMMISSIONERS OF MONROE COUNlY, FLORIDA Mori;rperson By A nEST: By~9 Title P'hr-pnrr \-(ll "'ll-'7tr J clairportgrantair901 "v'l' ',!\ ll,lnn" :'.i(1'H10' I .:J. .~] Uv _,'...'l.....Iit if'i 18 'i:J!J 'illJ 3::>'tWlO}J '1 A>jN'7G ! 0 '711Jd I (' UHf' ...."... I .~I ~ r. 'J I l,vul:. OHO::J3tj dOl 0311.:J 3 Exhibit At ... . I I . I I I I I I I rl I x I - '" I :-i t:lZ I '"tJ -rl I 0 ~.: .: rl]> rl ~< ;;0 -Cl '"tJ Z]> 0 Cl", .. r &II rl rl D 1Il g e: ~ - o ~ :0 .. nl):;: ~ ~~ IS "l 9 .9' e: aJ ,.., Clt:lZ Y, ~ ~ ---, ]>Orl ,.., en re:.: rTl = - % UI rtD ~ if Z t:lrl \D or]> X > C) rlX ~ zm< :J ~ F '"tJ- ooo4':Cl ~ 0004'" -0004 ]>]>]> -' -< > - zr'" - ~ .:Z "re: V rlCl r r.... _r - oN :u r_ .. 0 f- 0 ;;0 oaJ > rl gUl c I GRANT AIR OFFlCE/ I )> MAlNlENANCE ItD HANGAR Ie: p - r t:l - Z (/) Cl -i ;;0 ,., rl '" 0004 \J ;;0 - s;: n 0004 - Z 0 Z r - Z rl \J ...,J ~I I 0 I "- '- ..., ~!t ~J (b ~ ~ ID ~ . I 0- :g~ N ~ ~ ~ , enn ~ "!'i~G >!g . oS' S: :::fz ::,.ir i II ~~ ~ ::J!f: ~ I I' '0 :u ".". Q ,.., ::~!J -... . Exhibit A2 P.O.C. H.O.S. lAonument """" WTHC ' N-' 420211,08 ~ E-6380511.76 '. EJey. 3.20 ~ N E t..'n", 'n",-\ 'P\~ LeCl.. ~ cl C1. r-e..c. WJ // ~j. '\ ~o. ~'< ~'10 '10 '(\\ s. \). SURVEYOR'S NOlES: North arrow based on NAD 83 (1990) State Plane Coordinate System Reference Bearing: NAD 83 (1990) State Plane Coordinate System ktf denotes existing ele"Sltil3rh Elevations based on t-CC.V:O: 1929 Datum Bench Mark No.: Elevation: Monumentation: . _ .et Spike or P.K. Nail, as noted 3.907 (destroyed) S ... set 1/2" Iron pipe. P .LS. Na. 2749 .:::1 found 1/2" iron pipe Abbrwlatlona: S~. - story o/h = Overhead RW- Right-of-Way ul g :::I Underground fd. - Found F.FL.... Finish Floor Elevation p. - Plat conc.= concrete m. - Measured O.R. ... Official Records ~ = Baseline See::. .. Section C.B. ... Concrete Block Twp. ... Township C.B.S.= Concrete Block Stucco Rge. .. Range cov' d." Covered N.T.S.- Not to Scale DE'" Elee::trical Pull Box ct. - Centerline Elev. .. Elevation OE= Electrical Man Hole B.M. ... Bench Mark P.B. = Plat Book "* Runway light ~g = page GCl1-)~ A-; (" lee::.- Electric ~ = Horiz. control Monument Tel. ... Telephone ,... >:l = rnt,..h ~nqin Exhibit A3 .... .- ... 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Generallnsurancc Requirements for Airport/ Airerdt Activities ...... ' . Prior to occuPYing the property .and ~ommc:ncing 'operations, the ~BO own expense, in~uroncc as specified In the a.ttached schedules, which contract. The FBQ will ensure that the insurance obtained will extend Contractors engaged by the FBD. The FaQ will not be permitted to commence operations (including pre stagiqg ofpersonneJ and material) until .c:atisfactory evidence of the required insurance has been FiShed to the County as specified below. The FBe shall maintain the required insurance throughout the entire te~rfm o(this conlract and any extensions specified in any attached schedules. Failure to comply ith this provision may result in the immeditlte ruspension of all activities conducted by the FD and it$ Contractors. until the required insurance hilS been reinsta.ted or replaced. I The FBO shllll provide, to the County, as stltisractory evidence ofthe rebired insurance. either. · Ccr1ificate of Insurance I hall obtain, at his/her made part of this rotection to all or · A Certified copy cfthe actual insurance policy. I The County, at its sole option, has the right to request a certified copy of~y or aU insurance policies required by this contract. I All insurance policies must specify that they are not subject to cancellati~nt non.renewal, material change, or reduction in coverage unless a minimum of thirty (30 days prior notification is given to the County by the insurer. . The acceptance and/or approval of the FBO's insurance shall not be cons cd as relieving the FDQ from any liability or obIication assumed und~r this contract or irnpo ed by law. TIle Monroe County Board of County Commissioners, its employees and fficiaIs wi1I be included as t'Additionallnsurcd" on all pOlicics, except for Workers' Com nsation. AllY deviations from these General Insurance Requirement:=; must be rcqu(!~1 cd in writing on the County prepared form entitled t'Rcquest for- Waiver of Insurance Requi ClTlcnls'1 and approved by Monroe County Risk Management. Modified hy Hisk M:ll1agcmcl1t 2/5/98 Ad,nlll;';U:tfitlfl 1~1',lltr~ \1( 'II f.1.1"~'YJ ~ :' I rOOd 179E17 S6~ SOE I +uewa6vuvH ~s~~ dSt:rO to-SZ-6nV .-. .-. 199G Edition ~ ALL RISK PROPERTY INSURANCE REQUIREMENTS FOR LEASESIRENT ALS OF COUNTY-OWNED PROPERTY BETWEEN MONROECOUNTY,FLORIDA AND ..."'.... f Prior to the FBO taking possession of the property governed by this~grecment, the FBO shall obtain All Risk Propert Insurance to include the perils ofFload an Wind) with limits no less than the Replacement 6,st Value of the property leased or rented. verage shall be maintained throughout the Hfe of the Agreement and include, as a minimumt lis. ility eovcrage for: I ~andalism j,l1ing :Objects Explosion lood . I , The Monroe County Board of County Commissioners shall be name1 as Additional Insured and Loss Payee on aU policies issued to satisfy the above requirements. ! Fire Sprinkler Leokasc Windstorm Civil Commotion Lightning Sinkhole Collapse Smoke Airoraft and Vehicle Damage Modified by Risk Managment 2/5/98 .. ,l\dll'ij'li~.;ll:t1 ;on I U\II uclinr1 (' :iIJ')) 2i} good 179E:to 96~ 90E: +uBwe6vuvw ~s~~ d9t:l0 to-6~-6nv . ., .:,'~ EO"d -. 1996 Edition ... I AIRPORT LIABILrn' I AND I HANGARKEEPERS LEGAL LIABILtV INSURANCE REQUffiEMENT FOR CONTRACT ~ I BETWEEN ' MONROE COUNTY. FLORIDA II AND i i Recognizing that the work governed by this contra.ct involves the epair. servicing. maintenance, r""ling, or sloroge ef airc,a!l, the FBO will be required '0 purehas and maintain, 'hrougboul the life of the contract, Airport Liability and Hangarkcepers Legal Li bitity lnsurance naming the Monroe County Board of County conunissioncrs as Additional 1 ured. The minimum limits of liabiUty shall be $5 million. The roO shall also purchase Non-ov.m.c:d Aircraft Liability Insur~ce with minimum limits of S5,Ooo,000 per occurrence. ! ! Modified by Risk Management 2/5/98 ^dlllllll:\l.tal!Uli 11I!~U"U:UfI11 :;' ; ,:q"} ~~ (, ~ 1?9Ev 96~ 90e: +uewe6vuvw ~s~~ d9t:tO to-6~-6n'o' .- -- 1996 ~dllion JI. VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND , l i Rocognizing that the work gov<med by this contract requires the us I o(""hicles, the FBO, prior to the commencement of operations, shall obtain V chicle Liability ~urancc. Coverage shall be maintained throughout the: life of the contract and include, as a minirpurn, liability coverage for: . Owned, Non-Owned, and Hired Vehicles I I , i ...... .. The minimum limits acceptable shall be: I I I I , The Monroe County Board of County' Commissioners shall be namdd as Additional Insured all all policies issued to satisfy the above requirements. : $1,000,000 Combined Single Limit (CSL) Modified by Risk Management 2/5/98 ^dlll~IIl~I\jalinrl If",'IUI~I;~'n :.'.I~O'I :' ,.' " . t70'd 179E:17 S6~ SOE: ~uBweBvuvw ~s~~ d9t:tO to-6~-Bn~ ':~ ZO'd -.. ...., 1996 F.ditlon WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETVVEEN I MONROE COUNTY, FLORIDA i AND I I i I I Prior to the commencement or operations gD"cmcd by thi. contr.c~ the FBO ,hall obtain Workers' Compensation Insurance with limit:. sufficient to respon9 to the applicable state statutes. I i In addition, the FBO shall obtain Employers' Liability Insurance ~jth lim.its of not less than: i I I I I Coverage shall be maintained throu~h()ut the entire tcnn of the coptract. Coverage shall be provided by a comp:my or companies authori~ to transact business in the state of Florida. i I . . $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each empLoyee Modified by Risk Management 2/5198 i Adl!\rlll',tl.l\lllll ill'iU\l",li'''l 1'1711') :' j,iil 179€17 962 90€ +uewa6vuv"" "" ~ _,S~~ d9t:tO to-6z-6n~