Item C27BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 15, 2009
Bulk Item: Yes X No
Division: Airports
Department: Florida Keys Marathon Airport
Staff Contact Person/Phone #: Reggie Paros — 289-6060
AGENDA ITEM WORDING: Approval of Lease Amendment with Coast FBO, LLC, Fixed Base
Operator (FBO), at Florida Keys Marathon Airport
ITEM BACKGROUND: Coast FBO, LLC has requested a lease extension in order to build a
corporate hangar facility. The attached amendment increases the square footage of real property,
adjusts the rates and charges accordingly, and extends the term of the original agreement an additional
ten (10) years, provided Coast FBO, LLC constructs a new corporate hangar at its sole cost and
expense within two years of the effective date of the amendment.
PREVIOUS RELEVANT BOCC ACTION: The original FBO lease and subsequent amendments
with Paradise Aviation were approved by the Board, with the most recent amendment being entered
into on December 19, 2001 and terminating the lease on April 5, 2018. At its meeting on March 15,
2006, the Board approved the assignment of the Paradise Aviation, Inc. FBO lease to Cristal Clear
FBO, LLC. At their meeting on July 16, 2008, the Board granted approval of assignment of the Cristal
Clear FBO, LLC lease to Coast FBO.
CONTRACT/AGREEMENT CHANGES: The Lease increases the square footage of real property,
provides for periodic rates and charges adjustments, and extends the term of the original agreement an
additional ten (10) years provided Coast FBO, LLC constructs the new corporate hangar within two
years of the effective date of the amendment.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST:
BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No _ AMOUNT PER YEAR: $113,688 for entire
leasehold plus tax, plus percentage of fuel flow
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION:
DISPOSITION:
Revised 1/09
Included X Not Required
AGENDA ITEM #
Mar 31 09 10:16a
P•2
MONROE COUNTY BOARD OF'OUT C'YCOMMISSIONERS
Contract with: Coast FBO, LLC
Contract Purpose/Description:
CONTRACT S UMM, F X
Conlract #
Effe(,tive 1 :.ik.: upon approval
Expiration April 5, 2031
se Amendment with Coast FBO, LLC, increases square footage of real property
lusting rates and charges accordingl); and extendii he term of the original agreeme
itional ten (] 0) years provided Coast J BO, I,LC ec is, ructs a new corporate hangar
two years of the effective date of the amendment.
Contract Manager: James R. Paros 6060 Airport/15
(Name) (l;xt.) (Department/Stop #)
for BOCC meeting on 4/15/09 Agenda De d ine: 3/31t'09
CONTRACT COSH S
Total Dollar Value of Contract: $ Revenue Curre il: Year Porl ion: $ 9,474.03 mo
Budgeted? Yes[:] No ® Account Codes: -
Grant: $ -
County Match: $ n/a
ADDI,riONA:L COS I
Estimated Ongoing Costs: $ /yr For:
(Mot included in dollar value above)
i�__+ (eg. maintena cr utilities, jimitorial, salaries, etc.)
!ice ...
CONTRACT
Changes Date Out
a e In Needed wer
Division Director ?�� Yes❑ Noce-
C
Risk Manage Inent Yes[] No[,
a
O`. &`B./Purca ing j Yes❑ No[_] k f
County Attorney 3 Yes❑ Nopil s 2J-6
Comments:
OMB Form Revised 2/27/01 MCP #2
LEASE AMENDMENT
This Lease Amendment is entered into this day of , 2009, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040 (hereafter COUNTY), and COAST FBO, LLC., a
corporation, whose address is 8800 Overseas Highway, Marathon, Florida 33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the COUNTY entered into a 20 year lease (the original lease)
with the FBO's predecessor in interest whereby the FBO is to provide fixed base operations service at
the Florida Keys Marathon Airport (FKMAP). A copy of the original lease is attached as Exhibit A
and made a part of this amendment; and
and
WHEREAS, the original leasehold been conveyed and the lease has been assigned to the FBO;
WHEREAS, the FBO'S predecessor in interest executed a lease amendment dated December -
19, 2001 in order to provide additional hangar and ramp space, copy of which is attached as Exhibit B
and made a part hereof; and
WHEREAS, by its terms, the December 19, 2001 amendment became void when the FBO's
predecessor in interest failed to build a hangar within 2 years of the effective date of the amendment;
and
WHEREAS, the predecessor in interest continued to occupy and use the leasehold parcel as a
ramp area on a month to month tenancy which the FBO has continued; and
WHEREAS, the FBO desires to build a corporate hangar on said parcel; now, therefore
In consideration of the mutual covenants and promises set forth below, the parties agree as
follows:
SECTION 1. Paragraph 1 of the original agreement is amended to read as follows:
1) a) The COUNTY leases to the FBO the real property shown on Exhibit A
including the hangar building, line office, ramp, tiedowns and fuel farm, hereafter collectively
referred to as the premises. Exhibit A is attached to and incorporated into this agreement.
b) The County leases to the FBO a total of 37,800 square feet of real property (21,000
square feet at .3498 cents a square foot per year and 16,800 square feet at .1283 cents a square
foot per year described in Exhibit Al, hereafter the premises. Exhibit Al is attached to and
incorporated into this agreement. The parcel may be used for the site of a county approved
newly constructed corporate hangar, aircraft tiedowns and aviation activity only. The new
hangar is to be built at the sole cost and expense of the FBO. The improvements made by the
FBO to premises automatically become the property of the County upon the termination of this
lease.
c) Except as provide in subparagraph 1)b) above, no buildings, structures or other
improvements to real property may be added by the FBO to the either the premises described in
Exhibit A or the premises described in Exhibit Al during the term of this Agreement without a
separate agreement concerning the same with the COUNTY.
SECTION 2. Paragraph 3)b) of the original agreement is amended to read as follows:
3) b) The FBO must pay monthly rent on an arrears basis as follows;
i) $8682.26 per month plus tax for the premises described in Exhibit A,
ii) $791.77 per month plus tax for the premises described in Exhibit Al.
SECTION 3. Paragraph 3)d) is amended to read as follows:
3) d)
i) The rent will be adjusted annually on the anniversary of the effective date of the
Agreement by the amount recommended in an approved rates and charges study or by an
amount reflecting the percentage in increase in the CPI during the year prior to the anniversary
date.
ii) The rent for the premises described in Exhibit A will be set at fair market value on
April S, 2018, as determined by an appraisal of the premises along with all improvements
thereon. Thereafter rent will be adjusted annually in accordance with 3)d)i) above.
2
SECTION 4. Paragraph 4 of the original agreement is amended to read as follows:
4) The term of this lease agreement begins on April 6, 1998 and ends on April 5, 203 L
SECTION 5. 1f the hangar has not received a certificate of occupancy within two years of
the effective date of this amendment, this amendment shall become void unless the parties
have agreed in writing to an extension prior to date upon which this amendment becomes
void. For purposes of this amendment void shall be defined as "an instrument which is
wholly ineffective, inoperative, and incapable of ratification and which thus has no force
or effect eo that nothing can cure it." Black's Law Dictionary, 61h edition (1991).
SECTION 6, 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.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative the date first written above,
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
ATTEST:
By
Title
L AS T W,
PEDPO%OP
A6�SI YCOU�1'( ATSO`trl�� I
Date
BOARD OF COUNTY CON MMSSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
COAST FBO, LLC.
By
Titic �_�F, • 4 Qr
EXHIBIT A
MARATHON FIXED BASE OPERATOR (FBO) AGREEMENT
This Agreement is made and entered by Monroe County, a political subdivision of the
State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon Florida
33050 (hereafter County), and Paradise Aviation, Inc. whose address is 9850 overseas Highway,
Marathon, Florida 33050 (hereafter FBO).
WHEREAS, the County owns the Marathon Airport located in Marathon, Florida; and
WHEREAS, the FBO is a corporation in the business of providing commercial full service
fixed based operations; and
WHEREAS, the County is desirous of having the FBO provide such services at the
Marathon Airport;
z
NOW, THEREFORE, the FBO and the County agree as follows: oc�
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1) The County leases to the FBO the real property shown on Exhibit Op •i Udir� the
C. C->.
hangar building, line office, ramp, tiedowns, and fuel farm, hereafter collectiv r; rre4to AM
.<C")r—,
the premises. Exhibit A is attached to and incorporated into this Agreemenr . bWdir ,
a N -
structures, or other improvements to real property may be added by the FBO to the �errr�s
during the term(s) of this Agreement without a separate agreement concerning the same with
the County.
2) The County sells and conveys title to the FBO those items of personal property
listed in Exhibit B. 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.
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
$234,000 prior to occupancy of the premises. The FBO may not occupy the premises until the
payment is made, although the term begins to run on the effective date of this Agreement.
b) The FBO must pay monthly rent for the premises, on an arrears basis, in the
amount of $6,800 per month. The initial rent payment is due on the effective date of this
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 month 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 make sure the
flowage fees paid accurately reflect the number of gallons sold. The inspection(s) may only be
during regular business hours (9:00 AM - 5:00 PM, Monday through 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 an
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 --pre 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 the County in an enforcement action.
4) The term of this Agreement is 20 years beginning on the effective date.
2
5) The FBO must pay all taxes and assessments, including any sales or use tax,
imposed or levied by any governmental agency with respect to the FBO's operations authorized
at the Marathon Airport operations under this Agreement.
6) The FBO must obtain, in its own 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.
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 FBO agrees to abide by and observe all such restrictions and
limitations, including the County fixed base operator minimum standards attached and
incorporated as Exhibit C, and agrees that the observance of such limitations and restrictions
whether imposed by the County, state or federal governmental authority will not in anywise
3
affect the FBO's obligations under this lease. The FBO 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 government, that affect 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 plan 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) The FBO must pay any penalty, assessment or fine of the federal or state
government imposed on the County that arises out of, or is attributable to, the FBO's operations
at the Marathon Airport. The FBO must also defend in the name of the County any claim,
assessment or civil action that is initiated by the federal or state government against the County
that is based in whole or in part on a claim that any aspect of the FBO's operations at the
Marathon Airport violated a law, statute, rule, regulation, or program or project criteria.
9) The County is responsible for remedying the environmental contamination
described in Exhibit D. The FBO agrees to admit County employees or contractors to the
premises at reasonable times for the purpose of remedying contamination. Otherwise, the FBO
accepts the premises in the condition that they are 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 FBO'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, normal
wear and tear excepted. If no rent or fees are due the County, at 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 FBO 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
El
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 FBO 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 attributable to
the FBO's operations at the Marathon Airport, excluding those claims, demands, damages,
liabilities, actions, causes of action, losses, costs and expenses that are the result of the sole
negligence of the County. The FBO's purchase of the insurance required in paragraph 12 and
Exhibit D does not release or vitiate the FBO's obligations under this paragraph.
11) It is understood and agreed that nothing contained in this Agreement may be
construed to grant or authorize the granting of an exclusive right within the meaning of the
Federal aviation Act or its successor and that the County may enter into agreements with other
fixed base operators as 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. 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.
5
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 not cause, suffer or permit any lien, mortgage, security interest,
financing statement or other encumbrance to be placed on any real property improvement to
real property, or fixture owned by 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, the FBO must promptly cause the discharge, release or otherwise clear and remove
such encumbrances from the County 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 airports 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 provide 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
2
a) No person on the grounds of race, color, or national origin shall be excluded
from participation in, denied the benefits or, 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 VI of the Civil Rights Act of 1964, and as
said Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the
County shall have the right to terminate the lease and to re-enter and as if said lease had never
been made or issued. The provisions 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.
16) It shall be a condition of this lease, that the County reserves unto itself, 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, now known or hereafter used, for navigation of or flight in the said airspace, and for use
of said airspace for landing on, taking off from or operating on the airport. That the FBO
expressly agrees for itself, its successors 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 FBO expressly agrees
7
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.
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 are 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 fails to timely submit the payments required of 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 FBO's receipt of
the written notice, then the County will terminate this Agreement.
b) The County may treat the FBO in default and terminate this Agreement if the
FBO does not begin fixed base operator service and have the insurance required by Exhibit E
within 30 days of the effective date of this Agreement. 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 operations do not commence and the required insurance is not 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
1.1
the FBO 24 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(a)-(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 fails 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 defaults 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
FBO is a habitual violator. When the County makes that determination, it must notify the FBO in
writing. The notice must explain why the FBO was determined to be a habitual violator and that
any future act of default will be noncurable will not be waived, and will be the basis for the
immediate termination of this Agreement. If a subsequent default occurs, the County may
terminate this Agreement by giving the FBO 10 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.
N
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.
service.
d) The FAA's failure to grant the FBO the license(s) necessary to operate its
e) A dispute between the County and another governmental agency or
between 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.
The grounds for the FBO's termination of this Agreement as stated in subparagraphs 20(a)
- (e) create no basis for any County liability to the FBO and cannot serve to create any
obligation on the part of the County to pay money to the FBO.
21) The FBO may terminate this Agreement and treat the County in default if the
County 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
IN
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.
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, Florida.
In the event of any litigation, 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 Manger
9400 Overseas Highway
Marathon, FL 33050
Notices to the FBO provided for in this Agreement, unless otherwise specified, must be sent by
certified mail to:
Paradise Aviation, Inc.
9850 Overseas Highway
Marathon, FL 33050
29) This Agreement is the parties' final mutual understanding. It replaces any earlier
agreements or understandings, whether written or oral. This Agreement cannot be modified or
replaced except by another written and signed agreement.
30) This Agreement will take effect on Aftk L D , 1998.
IN WITNESS WHERE h party has caused this Agreement to be executed by its duly
authorized represent dry
(SEAL) X y BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK
ATTEST:
By I&A it i UVJk
Title _ V ,
pcon/fbomara2
OF MON COUNTY, FLORIDA
By
Mayor/Chairman
ADISE AVIATION, INC.
By
Title RES1�1) SqT
�iLIP
r �
•
12
EXHIBIT 'A'
REAL PROPERTY
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N� 4.2142.43
E�64441,J8
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13.
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N-143494.14
E-841588.79
SURVEYOR'S NOTES:
North arrow based on NAD 83 (1990) State Plane Coordinate System
Reference Bearing; NAD 83 (1990) State
Plane Coordinate System
.`''denotes existing elevation
Elevations based on N.G.V.D. 1929 Datum
Bench Mark No.:
X-273 Elevation:
Monumentation:
♦ set Spike or P.K. Nail, as noted 3.907 (destroyed)
B = set 1/2" Iron P.L.S.
pipe, No. 2749
found 1/2" iron pipe
Abbreviations.
Sty. = Story
R/1'✓ s Right —of —Way o/h - Overhead
fd. a Found u/9 - Underground
P. Plat F.FL. — Finish Floor Elevation
m. Measured conc.. concrete
O.R. a Official Records @ - Baseline
L
Sec. Section C.B. - Concrete Block
= Township
Rge,p. C.B.S.= Concrete Block Stucco
R9e• Range
cov'd.- Covered
N.T.S.= Not to Scale
Centerline = Electrical Puil Box
Elev.- Elevation E
B.M. - Bench Mork P.B.
0- Electrical Mon Hole
= Plat Book E
y�
ppg' - page h� - Runway light
Elea : Electric
Tel. Telephone = Horiz, control Monument
C.B. - Catch Basin
Field Work performed on: 12/30/97 thru 1/16/98
Monroe County
Marathon Airport, Marathon, Florida
Sheet 1 of 2
Sketch to accompany Legal
Description
Dwn No.: FREDERICK H. HILDEBRANDT
,Scale: �'�200' Ref. Flood panel No. .
98-437-01 ENGINEER PLANNER SURVEYOR
132-1
Data; 'I/'18/9$ Flood Zone:
Dwn. B : F.H.H.
Flood Elev. 3150 Northside Drive
REVISIONS AND OR ADDITIONS
3/6/98: Han er location
Suite 101
Key West, 33040
(305) 293-0466
Fox. (305) 293-0237
LEGAL DESCRIPTION (LEASE AREA):
A portion of land located at Marathon Airport, and being a part of Section 1, Township 66
South, Range 32 East, Key Voca, Monroe County, Florida and being more particularly
described as follows:
COMMENCING at a N.O.S. Horizontal control monument stamped MTHC 1989, and whose Florida
State Plane Coordinates are N 142029.09 and E 638059.76 (1983/90); thence N 67'29'51" E
for 2473.09 feet to the Point of Beginning ( N 142975.60, E 640344.55 ); thence N
67'22'34" E along the edge of an asphalt surface for 1347.96 feet ( N 143494,1 4, E
641588.79 ); thence S 22'39'52" E and along the edge of an asphalt surface for 252.91
feet to a chain link fence ( N 143260.76, E 641686.24); thence S 67'23'40" W and along
the said chain link fence for 1348.46 feet ( N 142742.43, E 640441.38 ); thence N
22'33'05" W and along an edge of a asphalt surface for 252.48 feet to the Point of
Beginning.
Containing 340,679.56 Square Feet or 7.82 Acres, more or less.
CERTIFICATION:
I HEREBY CERTIFY that the attached Sketch to accompany Legal Description
is true and correct to the be s of my knowledge and beleif; that it meets the minimum
technical standards adopted the Florida Board of Land Surveyors, Chapter 61G17-6,
Florida St ute ction 47�chments
27, and the American Land Title Association, and that
therg/arVn ible encro unless shown hereon.
FREDERICK H. HILDE$IkAAVDT
Professional Land Su or No. 2749
Professional Engineer No. 36810
State of Florida
NOT VALID UNLESS EMBOSSED WITH RAISED SEAL & SIGNATURE Sheet 2 of 2
Monroe County
Marathon Airport, Marathon, Florida
Sketch to accompany Legal own No.:
Description 98-437-01
Scale: 1 "-200' Ref. Flood panel No.
d I 132-1 1 Dwn. By: F.H.H.
Date: 1 /28/98 Flood Zone: Flood Elev.
REVISIONS AND/OR ADDMONS
FREDERICK H. HILDEBRANDT
ENGINEER PLANNER SURVEYOR
3150 Northside Drive
Suite 101
Key West, FI. 33040
(305) 293-0466
Fox. (305) 293-0237
EXHIBIT `B'
PERSONAL PROPERTY
THU FLIGH'I' DEPART RIEN'I'
Tl IF FOLLOWING ARF LOC/lTHD n*I' "I I II,*.Il;.-I' (IFN"1'I'.R
No.
Description Serial No.
Model No.1,ocatirnl
Cond.
Purchase
Purch.
Price
Date
0001
Chair, swivel secretary
Pilnl's lounge rood
95.00
12/88*
0002
Chair, swivel secretary
good
95.00
12/88*
0003
Chair, overstuffed rocker
good
376.30
12189,
0004
Cork board TO'
good
20.00
12/88*
0005
Phone, multi -button _
r' "4 S`�`✓�~
s�,� A-- z >> -�
jgood
200.00
12/98*
0006
Phone, multi-but(on
l good
200.00
12/88*
0007
"Television, Philco
25('537
good
250.00
2/94*
0009
Lamp, table
good
50.00
12/88*
0009
Table; end, rectangular
good
125.00
12/88*
0010
Table, large shelf
good
165.00
12/88*
0011
Fable, round end
good
95.00
12/99*
0012
Love seat w/recliner
good
609.50
12/8R
0013
hove scat w/recliner
good
609.50
12/88
0014
Microwave oven, Sharp
R4075A Kitchen
good
100.00
5/93*
0015
Lockers
Do%% n Bath
good
95.00
12/88*
0016
Rcfrig/frcezer, I-rigidaire
Kitchen
good
560.00
12/99*
0017
Chair, kitchen
rood
25.00
12/98*
00IR
Chair, kitchen
good
25.00
12/99*
0019
Chair, kitchen
good
25.00
12/88*
0020
Table, kitchen round
good
65.00
12/RR*
0021
Timc Clock 333020499
6907 Down Bath
good
625.40'
5/1/94
0022
Vacuum, I loovcr Runabout
Closet
fair
98.00
1/95*
0023
Chair, wicker w/cushions
I A)Oy
fair
369.94
12!89
0024
Chair, wicker w/cushions
fair
369.94
12/89
0025
Chair, wicker w/cushions
lair
369.94
1.2/89
0026
Chair, wicker w/cushions
fair
369.94
12/88
0027
Chair, wicker w/cushions
fair
369.94
12/98
0028
Chair, wicker w/cushions
fair
369.94
12/98
0029
Chair, wicker w/cushions
(air
369.94
12/88
0030
Love*seat, wicker w/cushions
0031
'fable, fiberglass
fair
594.94
12!98
0032
Table, fiberglass triangle
good
50.00
12/89*
0033
Table, fiberglass, end
good
45.00
12 99*
0034
hove seat, wicker w/cushions
good
50.00
12/98*
0035
Table, fiberglass, round end
fair
544.94
12/99
0036
Tabic, fiberglass triangle
rood
50.00
1 2/88*
0037
Monitor, computer, WSYI: 0WI410331.1
WY-60 IZeccl►(ion I)cskgood
good
45.00
z45.13
71.13
12/8R*
8/3/94
0039
0039
Printer, receip(s, Star 210090100911
Video
DPR34(1
good
I/92*
0040
monitor, I lyundai 8011021
Phone, multi buttons
CO1 109
good
135.00
12/98*
good
200.00
12/88*
Page No I
T[IC [<LIGIIT DCI'AR'I NIEN'I'
No. Description
0041
Calcula(or, 2 color, Casio
0042- Weathcrironics, Qualimctrics
0043
Printer, Epson dot matrix
0044
Pencil sharpener, Panasonic
0045
Radio, Standard
0046
Phone, multi hu(ton
0047
Picture, Ausl-Avialik D-1
0049
Picture, SPAR-S-7 '
0049
Picture, USAF Radar Balloon
0050
Marathon Map
001 I
Picture, USAF Radar Balloon
0052
Picture, FL Keys free Area
0053
Radio, Comco Air Inc. w/mic
0054
Radio, Genave w/mic.
0055
Power supply, Powcrvcr(er
0056
Piclurc, fish, malted
0057
Picture, USAF T-Birds
005R
Picture, FI 17 31) Art
0059
Credenza, 2dr. Formica
0060
Not used
0061
Not used
0062
Not used
0063
Not used
0064
Telephone, multi button
0065
Desk, gray w/type stand
0066
Chair, desk warms
0067
Not used
0068
Not used
0069
Not used
0070
Chair, blue upholstered
()071
Chair', blue uphols(ered
0072
Chair, blue upholstered
0073
Chair, blue upholstered
0074
Chair, blue upholstered
(1075
Chair, blue upholstered
0076
Chair, blue upholstered
0077
Chair, blue upholstered
0078
Chair, blue upholstered
0079
Chair, blue upholstered
0080
Chair, blue upholstered
0081
Chair, blue upholstered
0082
Chair, blue upholstered
Serial No. Model No.l.ocalion
Cond.
Purchase
Purch.
Price
Date
1256432 01.270A
good
95.39
3/1R!9,
2115111
excel
2,040.00
9/1/90
8750 1.X-300
good
235.00
9/93*
good
25.00
8/93
good
650.00
12/88*
good
200.00
12/RR*
Pilo(s lounge
excel
55.00`
12/99*
excel
55.00
12/88*
excel
25.00
2/89*
Ki(clien
excel
35.00
3/89*
I )ow n I lall
excel
30.00
4/89*
Down I tall
good
10.00
5/91 *
Rccep(ion Dcskexcel
650.00
12/88*
good
650.00
9/27/91
PR-10
good
100.00
12/88*
I.obbv
excel
80.00
12/RR*
excel
80.00
12/88*
Down 11,111
excel
50.00
12/88*
C'onlerencc
excel
250.00
12/8R*
excel
200.00
excel
400.00
good
85.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
excel
75.00
No.
Description
Serial No. Model No. I.ocalion
Cond.
Purchase Purch.
Price
Date
0083
Chair, blue upholstered
Colllcrcncc
excel
75.00
12/884
0084
Chair, blue upholstcred
excel
75.00
12/884
0085
Chair, blue upholstered
excel
75.00
12/88'
0086
Not used
0087
Not used
0088
Silk Plant & pot %%,/basket
good
150.00
12/98*
0089
Not used
0090
Not used
0091
Not used
0092
Not used
0093
Not used
0094
Table, Conference w/2 leaf
excel
500.00
12/88*
0095
Table, while Formica
Glass Rite.
good
55.00
12/88*
0096
Table, white Formica w/dra%vcr
good
55.00
12/88*
0097
Fan, 3 speed, Lakewood
1 IV I R
fair
35.00
1/87*
0098
File cabinet, 5 drawer Ic(lcr
good
125.00
12/88*
0099
'Telephone, multi button
50100244 475131
good
200.00
12/88*
01(►0
Picture, By -wing
good
25.00
12/88*
0101
File box, portable plastic
good
15.00
12/95*
0102
File box, portable plastic
good
15.00
12/95*
0103
File box, portable plastic
good
15.00
12/95*
0104
file box, portable plastic
good
15.00
12/95*
0105
Chair, swivel, wood/gold
good
56.00
12/29/9
0106
Chair, naugahyde & chrome
fair
40.00
12/88*
0107
Chair, naugahydc & chronic
(air
40.00
12/88*
0108
Chair, naugahyde & chrome
(air
40.00
12/88*
0109
Picture, wood frame
good
45.00
12/88*
0110
Picture, wood frame
good
45.00
12/88*
011 I
Picture, wood frame
0112
Picture, wood frame
good
45.00
12/89*
0113
Not used
good
45.00
12/88*
0114
Desk, wood 4 drawer
0115
Waste baskct brown p[aslic
good
340.00
3/85*
0116
Picture, Stinson Relian(
goad
6.00
12/93*
0117
Picture, DC-3
l 11, Ill
excel
22.00
12/89*
01 I8
Picture, Beech 17R
excel
22.00
12/89*
0119
Paper cutter, Boston 151,
26915 Conference
excel
excel
22.00
30.00
12/RR* t'
3/06*
0120
Waslc basket, blue plastic
0121
Plant and pot
good
6.00
5/95*
0122
Fire Extinguisher
Uphill Ball
N.1487397
fair
100.00
12/88*
0123
Plant w/pot
excel
77.00
4/96'
0124
Picture, Pride of Detroit
fair
35.00
3/9 I *
good
22.00
12/88*
'I'IIC FLIGII'I' DEPART ME NT
No.
Description
Serial No.
Modcl No.l.cicati0u Cond.
Purchase Punch.
Price
Date
0125
Picture, Air Fast Freight
I?xcc1
22.00
12/89*
0126
Picture, Balloon
1,xcel
50.00
12/RR*
0127
NATA Certificate
Fxcel
20.00
3/96*
0128
Exxon Silver Award 1993
Good
no value
0129
Marquee Board
Reception Desk(food
35.00
12/88*
0130
Display case, iighted
(;i(i shop good
250.00
12/RR*
0131
Display case, lighted
good
250.06
12/88*
0132
Display case, upright", 3 shelves
good
200.00
1/93*
0133
Peg board display
(air
15.00
3/99*
0134
Display shelf
good
15.00
4/89*
0135
Clothing rack, chrome
good
65.00
7/89*
0136
Waste basket, Rubbermaid
good
6.00
6/91 *
0137
flat Rack
good
75.00
7/89*
0138
Glass shelving, 3
good
15.00
6/89*
0139
Shelving brackets, 2
good
10.00
6/99*
0140
Shelving holders, 6
good
30.00
6/8()*
0141
Not used
0142
Clothes rack, wood
()oml halls good
25.00
6/86*
0143
Not used
0144
Bulletin hoard, cork
good
15.00
12/98*
0145
Time card rack
good
15.00
5/94*
0146
Phone, multi button
91024577
Ina Admin good
200.00
12/RR*
0147
Phone, multi button
60726926
IA3 good
200.00
12/88*
0149
Punch, two hole, Sparco
excel
8.00
5/95*
0149
Calculator, Casio
Q21 151 15
D1,2201, new
139.70
4/5/96
0150
Filing cab. 2 drawer
new
64.49
5/7/96
0151
Safe, Fire Fytcr
good
200.00
5/8 I #
0152
Filing cab. 5 drawer
good
125.00
12/89*
0153
Filing cab. 5 drawer
good
125.00
12/9q*
0154
Clock, wall, PIT
excel
79.74
12/89
0155
Fax machine, Sharp
92103629T
lIX-100 excel
569.22
2/19/90
0156
Copy machine, Mi(a
S0968
I)Cl255 good
1,600.00
5/81)*
0157
Key box, Keymas(cr
0158
Calculator, Casio
1227292
nciv
1)1.270A good
55.00
84.76
5/96*
5121192
0159
Monitor, computer, Samsung 1110807662
0160
Keyboard, computer WYSI:
good
370.00
12!99*
. 0 16 1
Compu(cr, WYSI; to e1..Ccd
good
50.00
8/94
0162
Printer, dot matrix Panasonic
good-� +-t)<)
KXP1124
8/Q4*
0163
Filing Cabinet, Oak 2 drawer
good
250.00
3/95*
0164
(11<,5
Monitor, computer, WYSI;
OIC13CO1739
good
WY60 good
200.00
356.13
12/88*
8/17/94
0166
Keyboard, compu(cr WYSC:
good
50.00
8/94*
Desk, wood w/wing
gcxxt
375.00
12/89*
P;wc No 4
T[[ E FL[CIIT DEPAR'[ NIENT
No. Description
Serial No. Model No. Location Cond. Purchase Purch.
Price
Dale
0167 Desk, wood w/wing
0168. 'fable, metal w/formica
Administration goixl
375.00
12/RR*
0169 Coffee pot, 30 cup, West bend SRO()
good
I )n ball closet coed
75.00
35.00
12/95*
0170 Mop bucket
0171 Generator, military, IUKW
I,A65-00503 MH'-0IRA
Main hangar poor
45.00
6/94*
7/95*
0172 Wagon for generator
good
950.00
1/16/96
0173 Lavatory cart, Aero
poor
(,000.00
1/81 *
(1174 fire extinguisher
good
good
2,495
2/14/9�
0175 Jack stand, large
good
77.U0
R/94*
0176 ,lack stand, small
fait -
187.U0
6/89*
0177 ,lack stand, small
fair
146.00
2/1/93
0178 Iron hoist beam
lair
'146.00
2/1/93
0179 Saw, radial arm, ASP, 14"
122 5465
fair
55.00
6/88*
0180 Pump, portable, Mule
fair
350.00
6/95
1/91
O I R I Mop bucket
fair
250.00
5*
1
0182 Tug, Lectro
88391S11 199600
poor
45.00
7/95*
0183 Fire extinguisher
good
7,500.00
6/I1/93
0194 Charger, I,cctronic
36LC40131VI 9475
lair
fair
77.00
8/95*
0185 Oil pan
125.00
6/93*
0196 Golf -cart, Club Car
7951
poor
15.00
4/91 *
0187 Stairs, portable wood
(air
300.00
4/17/96
0188 Ground power unit I lobart
79PS01959 I?x
I I`r�tgar? rood
2UU.UU
3/93*
0189 Vice, bench
.le(
good
3,000.00
12/3/92
0190 Bench on wheels
(air
30.00
8/93*
0191 Air compressor, Ingersoll
63509
(air
60.00
8/86*
0192 Sand cleaner, Empire('294510
C'A1324 30
lair
fair
375.00
12/8R*
0193 Fire extinguisher
I IU310939
350.00
7/28/91
U 194 Mop bucket
gc'od
77.00
3/91 *
0195 Mop bucket
fair
45.00
5/91*
0196 Carpet cleaner, Bisset
fair
45.00
5/91*
0197 Vacuum, wet/dry, Craftsman
good
225.00
7/93*
0198 Ramp vacuum, Billy Goa(
61 175 (.
poor
45.00
6/92*
0199 Power washer, R
CAI 5(onda 30001'SI A'1'5(
fair
481.50
11181q3
0200 Engine hoist, 8 ton
'
good 1,478.70
5/30191
0201 fain( striper, Mike Ditka
good
400.00
7/89*
0202 Power supply, LaMarche
I31 13490 --_R-_(I
good
35.00
7/96*
020-3 Desk, small 2 drawer
(air
200.00
4/94*
0204 'Towbar, large
poor
35.62
7/30/Ql
0205 Tow bar, small
good
175.00
6/90*
0206 Weedeater, Green Machine
lair
100.00
8/91
0207 Bench, wood, on wheels
good
45.00
9/92*
0208 Laddcr, fiberglass
poor
90.00
8/R7*
good
60.00
7/95*
Page No
'111 U FLICIIT OEPAR"I'MENT
No.
Description
Serial No. Model No. hicalion
('rind. Purchase Pureh.
Price
Date
0209
Ladder, fiberglass
I langar 2
good
60.00
7/95*
0210
Creeper
good
35.00
6/90*
0211
File cabinet, 4 drawer
good
120.00
5/93*
0212
Rake, (la(
good
18.00
4/91 *
0213
Rake, leaf
grad
14.00
4/91 *
0214
1 toe, garden
good
12.00
4/91 *
0215
Squeegee
good
15.00"
7/93*
0216
Pump
Mond
65.00
7/91 *
0217
Can, wiper
good
20.00
8/93*
0219
Floor jack, ( Ion
(air
75.00
1/92*
0219
131ttery charger
(air
125.00
7/89*
0220
Shelving, steel
(air
300.00
3/89*
0221
Sliciving, steel (3)
(air
300.00
3/89*
0222
Shelving, steel (3)
(air
300.00
3/89*
0223
Bench with vice
(air
90.00
8/91*
0224
(3cnch
(air
70.00
8/q I *
0225
Wheel borrow
(air
100.00
10/16/95
0226
Credenza, divider
poor
60.00
12/95*
0227
Pans washer, Allied
poor
250.00
12/89*
0228
Bench, wood w/niclal top
fair
75.00
3/89*
0229
1langer, hose
(air
5.00
4/91 *
0230
Laundry tub
(air
45.00
12/88*
0231
Bench, wood
lair
55.00
9/89*
0232
Drum of mineral spirits
good
85.00
3/96*
0233
Drain pan, aluminum "U"
good
45.00
5/8"
0234
Drain pan, aluminum rectangular
(air
30.00
5/89*
0235
Drain pan, galvanized
(air
25.00
5/89*
0236
Broom, push
fair
15.00
6/94*
0237
Scaffolding set w/wheels
(fir
50.00
7/87*
0238
'fool crib, steel w/top
good
1,524.42
8/23193
0239
Shen,ing, large steel (4)
(sir
300.00
3/89*
0240
Shelving, large steel (3)
(air -
300.00
3/8Q*
0241
Ladder, step G wood
0242
Air sprayer, Grovcr
2255RIMC 85
good
good
35.00
90.00
6/95*
7/96*3
0243
Tug, Clark
OTA40
good
5,000.00
8/86*
0244
eye wash station
I.inc shack
good
25.00
9,m4*
0245
Air Conditioner, Panasonic
173215403 C'W600.1U
rood
401.25
6/9/92
0246
Black board, large
0247
Chair, cream leather
(air
35.00
7/85*
0248
Desk, wood w/typing stand
poor
55.00
8/85*
0249
Radio, UNICOM
poor
250.00
7/84*
0250
Calculator, Sharp
(,(.1601 1
(air
600.00
8/87*
g9od
45.00
9/934
Page- No 6
No.
Description
Serial No. Model No. Location
Cond.
Purchase
Purch.
Price
Dale
0251
Pencil sharpener, Panasonic
CD820
good
20.00
2/93*
0252
Waste basket, tall
(air
12.00
1/94*
0253
File cabinet, 5 drawer
poor
125.00
6/91 *
0254
File cabinet, 4 drawer
(air
125.00
5/86*
0255
Uniform container, plastic
good
25.00
8!94*
0256
Tool chest w/assorted tools
good
370.00
8/94*
0257
Locker, 6 door
fair
95.00 '
12/8R*
0259
Refrigerator, small
cood
75.00
8/89*
0259
Freezer, small chest
good
65.00
8/89*
0260
Metal desk, 2 drawer
poor
35.00
5/91 *
0261
Nylon cutter, electric
fail
28.00
6/91 *
0262
Dust buster, Black & Decker
good
25.00
6/93*
0263
Desk, 3 drawer
(air
45.00
7/93*
0264
Chair, swivel secretarial
(air
45.00
7/93*
0265
Space heater
1500
cood
48.00
2/97*
0266
Chair, swivel arm
(air
45.00
7/89*
0267
Clock, quartz
good
20.00
2/91 *
0268
Book case, 2 shelf
fair
20.00
4/89*
0269
Bulletin hoard, large
good
25.00
3/91 *
0270
Bulletin board, small
good
15.00
3/91 *
0271
Credenza, built-in 6 drawer
poor
85.00
3/91 *
0272
Marathon Key sign
excel
45.00
4/96*
0273
Marathon key sign
excel
45.00
4/96*
0274
Air cond/Iieater, nmana
9104072817 I'TAC1233%
lair
802.50
11114!91
0275
Sofa, 3 cushion
lair
150.00
8/96*
0276
Desk, tv/o drawers
good
75.00
8/96*
0277
Chair, w/arms
poor
45.00
8/96*
0278
File cabinet, 2 drawer
fair
15.00
6/89*
0279
Roorn divider
good
15.00
8/96*
0280
Waste basket
good
12.00
8!96*
0281
Ice machine, Manilowac
890720774 6422
good
600.00
5/4/95
0282
Calculator, sharp
lil.l 197GUI
fair
45.00
4/91*
0293
Chair, card table type
fair
15.00
8/89*
0284
Air compressor
fair
250.00
9/91 *
0285
Battery charger, golf cart
139828
good
125.00
12!96*
(1286
Fire extinguisher
rood
77.00
9195*
02R7
Air tank, portable
eood
50.00
3/96*
02RR
(loll -cart, Club Car
596599 (10590
lair
905.25
4/17/Q3
0299
Desk, executive wood
D S Ind. (1cn. Mgr. (M.
excel
400.00
12/88*
0290
Side cabinet, wood
excel
85.00
12/98*
0 29 1
Credenza, 4 drawer
excel
175,00
12/89*
0292
Chair, armed swivel
l!S I unu(
good
260,00
1?/RR*
f'at;c No_ 7
T11E FLIGIFU DUPAR"[ TENT
No.
Description
Scrial No. Model No, Location
Cond.
Purchase Purch
Price
Date
0293
Chair, armed
(ten. Mgr.
OIc good
1 10.00
12/88*
0294
Chair, armed
good
110.00
12/RR*
0295
Gook case, wood 2 shelf
excel
45.00
12/98*
0296
Picture, frame, MTI I map
excel
45.00
12/88*
0297
Camera, Vivilar
160Z
goad
80.00
1/89*
0298
Safe, Sentry floor
6250
excel
224.80
3/29/96
0299
fire extinguisher
.11.,-720863 408 Duel larnr
fair
77.00
4/93*
0300
fire extinguisher
Ji,-720871 408
fair
77.00
4/93*
0301
Fuel pump, cast iron
1%•I11tc
good
260.00
12/91 *
0302
fuel pump, Mario
302 blur
(air
200.00
12/91 *
0303
Fuel pump, Tutlhill, 5OPS1
Series 300
(air
225.00
8/91*
0304
Fertilizer spreader
good
25.00
6/Q4*
0306
Spade, small
(air
15.00
8/86*
0305
Sprayer, chemical
good
15.00
5/94 *
0307
Vice, bench
Line shack
(air
45.00
8/94*
0308
(tench, wood
(air
35.00
8/94*
0309
brash receptacle, stone (ace
.Icl Or entrancegood
85.00
8/91 *
0310
"Trash receptacle, stone face
good
85.00
8/91 *
0311
Picnic table w/2 benches
good
150.00
12/88*
0312
Picnic (able
good
90.00
12/88*
0313
Picnic table w/2 benches
good
150.00
12/98*
0314
Fire extinguisher
11Y i 88601 i )c wit Fall
excel
77.00
12/94*
life raft
Yellow 6 person Gown closet
good
2,900.00'
9/89*
0315
Public Address System
12AR9 MIIA-40
excel
250.00
6/15/93
0316
Back up power supply AVi
20600188 4813130
excel
250.76
6/15/93
0317
Chair, wood
good
15.00
12/98*
031 R
Shelving, steel (4)
good
18.00
3/89*
0319
Shelving, steel (5)
good
20.00
3/99*
0320
File drawer, portable, steel
Oxford
good
55.00
3/89*
Rescue raft, Winslow
AIR-C:5315 60MC'R
(air
900.00
4/5;93*
0321
'i"cicnhoncSys(, Premier
20500359 IA3
good
800.00
12/RR*
Dodge van, 1987
21341:K51(1711R159,17R
(air 16.000.00
87*
Fuel truck, JetA, International i i iTAA 1652DI iA32617 1654 Ramp
good 10,881.50
1113194
Beech Baron
Tl 1-1075 1359
0492
0493
Battery backup
Clock, wall, PPP
Admin
ncW
533.95
1/2/97
(1494
Shelving, 3 shelves
i.obbv
excel
79.75
12!R8
0495
Shelving, 6 shelves
RalconY
excel
224.54
9/28/94
049E
Typcwriler, IBM
6747-11-6047438 Whcc16 Admin
good
excel
35.00
600.00
4/89*
1/16/92
Palter, General Manager
313-1566
excel
80.00
1/96*
Pagc No 8
T[1E rLAGIFF DCPARTnIEWF
No. Description Serial No
Pager, Line Svc. Super
(lager, On -call
0497
Exxon CC processor, Verifonc
013-686-141
0498
CC receipt Printer, Verifonc
013-498-775
0499
Visa CC processor, Verifonc 01 1-040-676
0500
CC printer, Citi7.en
91116427
0501
CC imprinter, Datacard
0502
Power supply, Johnsdn
0503
Calculator, Texas Instru.
0035175
0504
Printer, dot matrix, Panasonic 7C'KAAI)23166
1'V/VCR
Y352-13978
Tow bar, Bracket(
(I508
Security camera
801094
(1515
lire ex(inguislrcr
-N.1465753
U516
Step ladder, 2' 10" Alum.
0517
Fire Fx(inguisher
13i/ear1)
0519
lire Extinguisher
Bi/cru-b
0519
Step ladder, 8' fiberglass
0520
fire Extinguisher
Bi/cwh
0521
Fire 1 xlinguishcr
Bi/carb
0522
Ladder, 6' Alurn.
0523
Ladder, 2' 10" Alum.
Radio, Tekk w/charger
AD[ 10705
Radio, Tekk w/charger
Al- 11213
Radio, Tekk w/charger
AIU0283
Radio, Tekk w/chargcr
All 12109
Radio, Motorola w/charger
5191-RC2617
Radio, Motorola w/chargcr
no sn
Radio, Motorola %%,/charger
5191-TV2730
Radio, Motorola
AL I'-00640
Model No. Loca(ion
Line
Line
380 Reccp(ionisl
250
Zon ,Ir.XI..
D11560RSI,
1 [54O
I III closet
KXP1092i
Classroom
93444816290
('0100
Lobby up
1001,l.'Truck
t65
,Ic(A Truck 2
620R
Je(A 'Truck 4
376
365
'I'-20
'I'-20
'I'-20
T-20
1'-50
I'-5()
P-50
S I'-10
*Estimated dale and value when item was placed in service.
1:1NVE,NTO.SAM 1/21/97
Pau No. 9
Line Shack
Cond.
Purchase
Pureh.
Price
Date
lair
80.00
5/96*
I�air
116.09
6/4/93
good
662.50
11 / 11 /9 Z
good
par( of f0497
good
320.00
12/93
good
part of f0499
good
55.0(l',
5/94*
good
95.00
5/91 *
fair
45.00
6/91 *
fair
245.00
6/91 *
eood
300.00
7/12/93
319.57
7/12/93
(good
105.99
8/88
New
77.00
8/()6*
Fair
25.00
6/95*
(rood
77.00
5/44
Good
77.00
5/94 *
(food
75.00
8/95*
Ncu
77.00
8/96*
New
77.00
8/96*
(food
88.00
5/95*
Good
25.00
8/94 *
(food
250.00
5/94 *
Good
250.00
5/94 *
Good
250.00
5/94 *
good
250.00
5/94*
good
250.00
6/95*
poor
250.00
6/95*
poor
250.00
6/95*
poor
250.00
8/91 *
EXHIBIT `C'
FIXED BASE OPERATOR MINIMUM STANDARDS
Division of Community Services
RESOLUTION NO. 374 -1990 /
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
THE REVISED MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTIVITIES BY FIXED BASE
OPERATORS AND OTHER AERONAUTICAL SERVICE
PROVIDERS AT MONROE COUNTY AIRPORTS.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, previously approved Minimum Standards for Commercial
Aeronautical Activities by Fixed Base Operators at the Monroe
County Airports, and
WHEREAS, the Board of County Commissioners reserves the
right to modify these standards from time to time as may be
required for the benefit of the general public and for proper and
efficient operation of the airports, and
WHEREAS, the Board of County Commissioners wishes to revise
the minimum standards; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby approves and
adopts the attached Minimum Standards for Commercial Aeronautical
Activities by Fixed Base Operators and other Aeronautical Service
Providers at Monroe County Airports.
PASSED AND ADOPTED by the Board of County Commissioners of
acMonr$e County, Florida, at a regular meeting of said Board held
<
C6n tZ JQJ day of A.D. 1990.
n
U
c; BOARD OF COUNTY COMMISSIONERS
W 'X
JZ OF MONROE COUNTY, FLORIDA
_ Q
B Y :
(Seal)
Attest: DANNY L. E:01EAGE, Cleric
APPROVED AS TO FO r
AND LEGAL SUFFICLE , '
k
t
MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTIVITIES BY FIXED
BASE OPERATORS AND•OTHER AERONAUTICAL
SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS
INDEX
I. DEFINITIONS
A. Aeronautical Activity or Service
B. Airport
C. Airport Director
D. Airport Master Plan or Airport Layout Plan
E. Applicant
F. Commission
G. County Administrator
H. Fixed Base Operation
I. Minimum Standards
J. Person(s) or Provider(s)
K. Rules and Regulations
II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE
III. APPLICATION
A. How Made
B. Minimum Application Information
(1) Applicant
(2) Scope of Operations
(3) Management Capability
(4) Financial Responsibility
(5) Facilities Proposed
(6) Lease Term(s)
IV.
V.
(7) Capital Investment
(8) Insurance
STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES
A. Management
B. Financial Responsibility
C. Certifications
D. Insurance
FIXED BASE OPERATIONS STANDARDS
A. Primary Services
B. Secondary Services
(1) General
12) Flight Instruction
(3) Aircraft Charter, Air Taxi and Sightseeing
Services
C. Exclusions
(1) Ground Transportation For Hire
(2) Western Union and/or Other Commercial Telecommu-
nications Services
(3) Auto Rental Services
(4) News and Sundry Sales
(5) Barber, Valet and Personal Sales
(6) Wholesale or Retail Sale of Non -aviation Products
(7) Automotive Gasoline Station
(8) Automotive or Marine Maintenance and Repair Services
D. Detailed Requirements
(1) Investment
(2) Premises
(3) Construction
(a) Tiedowns
(b) Hangars
(c) Auto Parking
2
I
(d) Site Plan
(e) Utilities
(f) Building Codes, Permitting Requirements, Reg-
ulations and Standards
(g) Final Approval Authority
(4) Sale of Aviation Petroleum Products, Ramp Service,
and Storage
(a) Aircraft Parking Apron and Service Ramp
(b) Fuel Tank Farm and Refuelers
(c) Pumping Equipment
(d) Hours of Operation
(e) Terminal Building Facilities
(f) Ground Rods
(g) Flight Line Repairs
(5) Insurance
(a) General
(b) Fire, Extended Coverage, and Vandalism
(c) Indemnity
(d) Property Damage Liability
(e) Performance Bond
(6) Fees
(a) Fuel Flowage Fees
(b) Airport Usage Fee
1. Gross Receipts
(7) Term of Lease
VI. PARTIAL OR INDIVIDUAL AERONAUTICAL SERVICES
A. Flight Instruction and Aircraft Rental Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) Facilities
(4) Obligations and Responsibilities
3
i
4
(5) Insurance
B. Non -Scheduled Aircraft Charter, Air Taxi, and Sightseeing
Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) Facilities
(4) Insurance
C. Aircraft Sales
(1) Sales or Distributorship Franchise Agreement
(2) Personnel, Certifications, and Hours of Operation
(3) Customers and Warranty Services
.(4) Facilities
(5) Insurance
D. Aircraft, Engine, Propeller, and Accessory Maintenance
Services
(1) Equipment, Personnel, and Certifications
(2) Additional Services
(3) Facilities Required by Primary and Secondary Ser-
vices Fixed Base Operators
(4) Facilities Required by Individual Providers
(5) Insurance
E. Avionics and Instrument Repair Services
(1) Facilities
(2) Equipment, Personnel, and Certifications
(3) Insurance
F. Other Commercial Aeronautical Activities
VII. BACKGROUND INVESTIGATION
VIII. RIGHT TO MODIFY
IX. PRECEDENCE
4
t,
M
MINIMUM STANDARDS FOR COMMERCIAL'
AERONAUTICAL ACTIVITIES BY FIXED
BASE OPERATORS AND OTHER AERONAUTICAL
U
SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS
The Monroe County Board of County Commissioners, recognizing the
need for orderly development of its airports and the necessity of
protecting the public health, safety, and interest in the county
airports, hereby promulgates and adopts the following procedures and
minimum standards for the use of any land or facility on said
airports.
I. As used herein, the following terms shall have the mean-
ings indicated:
Definitions
A. Aeronautical Activity or Service. Shall mean any
activity or service whether or not conducted on or
off airport property which involves, makes possible,
supports, or is required for the operation of air-
craft or which contributes to, or is required for,
the safety of such operations and shall include, but
not by way of limitation, all activities or services
commonly conducted on airports, such as: Charter
operations, air taxi, pilot training, aircraft
rental, sightseeing, aerial photography, crop dust-
ing, flying clubs, aerial advertising and surveying,
air carrier operations, aircraft sales and service,
sale of aviation petroleum products, whether or not
conducted in,conjunction with other included activi-
ties or services, repair and maintenance of aircraft,
sale of aircraft, parts, sale or maintenance of
aircraft accessories, radio communication and
5
navigation equipment, and any other activity which,
because of its direct relationship to the operation
of aircraft, can appropriately be regarded as an
�i
aeronautical activity or service.
B. Airport. Shall mean any airport owned and operated
by Monroe County.
C. Airport Director. Shall mean the Monroe County
Director of Airports.
D. Airport Master Plan or Airport Layout Plan Shall
mean the currently approved scaled dimensional layout
of the entire airport property indicating current and
proposed usage for each identifiable segment as
approved by the Commission and amended from time to
time.
E. Applicant. Shall mean any person(s), firm, general
or limited partnership, corporation, trust or associ-
ation, making application for, leasing or using any
land or facility at the airport for the conduct of a
commercial aeronautical activity.
F. Commission. Shall mean the Monroe County Board of
County Commissioners.
G. County Administrator. Shall mean the administrator
of Monroe County.
H. Fixed Base Operation. Shall mean the person(s)
engaging in Primary Commercial Support Services, at a
minimum, as described in Section V.A.
I. Minimum Standards. Shall mean the qualifications
established herein, as amended from time to time by
the Commission upon recommendations of the County
Administrator and/or the Airport Director, setting
forth the minimum requirements to be met as a
6
11
condition for the right to conduct any aeronautical
activity on the airports.
J. Person(s) or Provider(s). Shall mean any person(s),
firm general or limited partnership, corporation,
trust or association leasing or using any land or
facility at the airport for the conduct of a commer-
cial aeronautical activity.
K. Rules and Regulations. Shall mean the rules and
regulations as may be promulgated from time to time
by the Commission to protect the public health,
safety, interest, and welfare on Monroe County's
Airports, and to augment the ordinances and resolu-
tions pertaining to the airport.
II. Special Restrictions on Airport Land and Facility Use No
person shall be granted the right to conduct any commer-
cial aeronautical activity upon the airport, nor shall any
person be permitted to use any land or conduct any commer-
cial aeronautical activity or the solicitation of business
in connection therewith, unless such aeronautical activity
is conducted in -accordance with the standards herein
established and as hereinafter may be amended from time to
time by the Commission and the issuance of the proper
permits, licenses, and/or the execution of a valid con-
tract or agreement with Monroe County to conduct such
activities with the county.
IZI. Application
A. How Made. Applications for the lease of ground
and/or facilities on the airport or for permission to
7
N
k
carry on any commercial business or aeronautical
activity on the airport with the necessary permits
and license shall be made to the Airport Director.
The Airport Director shall thereafter present the
application to the Commission. The applicant shall
submit all information and material necessary, or
requested by, the Commission to establish to the
satisfaction of the Commission that the applicant
will qualify and will comply with these standards,
rules and regulations. The application shall be
signed and submitted by a party owning an interest in
the business, or the individual who will be managing
the business, or a partner of a partnership, or a
director or an officer of a corporation.
B. Minimum Application Information. The Commission will
not accept or take action on any request to lease
building space or land area or in any way permit the
installation of a commercial activity until after the
proposed lessee, in writing, submits a proposal which
sets forth the scope of operation he proposes,
including the following:
1. Applicant. The name and address of the appli-
cant.
2. Scope of Operation. Description of proposed
land use area or facility sought and/or con-
struction and service activities proposed.
3. Management Capability. The names and qualifica-
tions of the key management and operating
personnel to be involved in conducting such
activity.
8
d
t,
4.
Financial Responsibility. A chrtified financial
statement prepared by an independent accountant
or an irrevocable letter of credit from a
ti
recognized financial institution supporting the
responsibility and ability of the applicant to
provide the facilities and perform the activi-
ties sought for a minimum of one (1) yearf
together with a Pro Forma operating statement
for the year. The Commission shall be the sole
judge of what constitutes adequate financial
capacity.
5.
Facilities Proposed. The facilities, tools
equipment, and inventory, if any, proposed to be
furnished in connection with such activity.
6.
Lease Terms (s). The requested or proposed date
of commencement of the activity, and the term(s)
of conducting same.
7.
Capital Investment. The estimated cost of any
structure or facility to be furnished, the
proposed specifications for same, the means or
method of financing such construction or acqui-
sition of facilities, and the schedule of
capital investment.
8.
Insurance. The specific types and amounts of
insurance proposed in accordance with minimum
requirements for the activity.
IV. Standard
Requirements for all Aeronautical Activities
Every applicant for permission to conduct aeronautical
activities
at the airport shall satisfy the Commission
that he meets the following requirements:
9
L,
A. Management. That such applicant has a history of
management ability in conducting the same or similar
or comparable type of service or activity in a good
and workmanlike manner.
B. Financial Responsibility. That such applicant has
the financial responsibility and ability to provide
the facilities and services proposed.
C. Certifications. The applicant has or can reasonably
secure necessary certificates from the FAA or other
authority required for the activity proposed.
D. Insurance. That the applicant has or can furnish
suitable indemnity insurance or bond to protect and
hold harmless Monroe County from any liability in
connection with the conduct of the activity proposed.
V. Fixed Base Operations Standards
The following standards described herein are established
by the Commission as the minimum requirements with which
any Fixed Base Operator working to establish a full
service commercial aviation facility at a Monroe County
Airport must comply. It is understood that only minimum
standards are outlined herein and that any applicant
wishing to establish a Fixed Base Operation at a County
airport must negotiate a lease agreement with the Commis-
sion which will contain additional contractual provisions
that are not described herein.
A. Primary Services. Primary commercial aeronautical
support services shall consist of those services
rendered directly to general aviation aircraft, which
are identified as all aircraft using the airport
except the aircraft of certificated air carriers who
are tenants of the airport. Such services must
10
3
include, but not be necessarily limited to, aircraft
arrival guidance; flight line servicing, including
the sale and enplaned delivery of aviation fuel and
petroleum products] providing minor airframe, power
plant, and avionics maintenance service to aircraft
and aircraft equipment and accessories as from time
to time may be required by aircraft operating or
based at the airport] ramp assistance to aircraft,
including aircraft parking, storage, and tiedown
services; gratuitous passenger transportation servic-
es between the demised premises and other places of
origin and destination on the airport for lessee's
patrons arriving in non-commercial aircraftf provid-
ing emergency service to disabled aircraft on the
airport, including towing or transportation of
disabled aircraft having a gross landing weight not
in excess of 12,500 pounds to the demised premises at
the request of the owner or operator of the disabled
aircraft or the Airport Director.
B. Secondary Services. In addition to the foregoing,
the Fixed Base Operator may provide Secondary Commer-
cial Aeronautical Support Services. It is understood
that providing these services by the Fixed Base
Operator is strictly at his own election. However,
if he so elects, he must comply with the minimum
standards outlined below. A Fixed Base Operator
providing these additional services will be offered a
longer lease term than a Fixed Base Operator provid-
ing only Primary Services. The Secondary Commercial
Aeronautical Support Services shall consist of those
services generally offered at any airport which are
I
k
not classified as being in primary support of air-
craft using the airport. Such services shall include
but not be limited to:
6
1. General. Providing major airframe, power plant,
avionics maintenance service to aircraft and
aircraft equipment and accessories as is from
time to time required by aircraft operating or
based at the airport; charter or rental of
aircraft, with or without pilot; air taxi
service; sightseeing services; cargo handling;
the sale or brokerage of new or used aircraft
parts and accessories; meteorological services,
aerial photography and surveying; the mainte-
nance and servicing, including fueling, of
aircraft ground servicing equipment of other
tenants of the airport; and the sale from
vending machines or similar facilities located
within the demised premises of convenience
foods, amenities, and non-alcoholic beverages,
provided that such sales shall be limited to
aeronautical customers of lessee, and shall not
be made in the form of a restaurant operation,
and shall be strictly limited to vending ma-
chines or similar facilities for the convenience
of other than airline passengers.
2. Flight Instruction. The operation of an FAA
approved flight school so as to provide instruc-
tion from primary flight training through and
including qualifying for an A.T.R.
12
i
3. Aircraft Charter, Air Taxi, and Sightseeing
Services. Providing pilots for the operation of
aircraft owned by others and to carry passengers
and freight for hire, on a non-scheduled basis,
which shall include sightseeing privileges,
subject to all appropriate laws and regulations
of the Federal Government, the State of Florida,
the requirements of the FAA, or any other duly
authorized governmental agency.
C. Exclusions. The following concessions and the
establishment thereof shall be specifically excluded
from the lease of any Fixed Base Operator:
1. Ground transportation for hire
2. Western Union and/or other commercial telecommu-
nications services
3. Auto rental services
4. News and sundry sales
5. Barber, valet and personal sales.
6. Wholesale or retail sale of non -aviation prod-
ucts
7. Automotive gasoline station
8. Automotive or marine maintenance and repair
service for vehicular or marine equipment of the
general public or other tenants of the Airport
D. Detailed Requirements. A Fixed Base Operator wishing
to engage in a business on the airport, which must
include all of the services classified as primary and
may include secondary commercial aeronautical support
services hereinbefore described, will also be re-
quired to meet the following detailed requirements:
13
M
1. Investment. The minimum investment in facili-
ties, tools, and equipment excluding aircraft to
provide Primary Services at the airport is
$300,000, part of which may be satisfied by the
leasing of existing facilities, the value of
which shall be determined by the commission.
The minimum investment in facilities, tools, and
equipment to provide Secondary Service is an
additional $300,000.
2. Premises. Each Fixed Base Operator must lease a
minimum of two (2) acres of airport property for
Primary Service and an additional one (1) acre
for Secondary Services in the area designated by
the Commission. This requirement may be modi-
fied based upon availability of land.
3. Construction.
a) Tiedowns. Tiedown facilities must at all
times be provided for a number of aircraft
at least equal to the number, type and size
of aircraft owned by the operator and/or
based at the operator's facilities, plus an
additional minimum of thirty (30) tiedown
facilities for transient aircraft. This
requirement may be modified based upon
availability of land.
b) Hangars. Hangars constructed or leased
from the Commission for the rental of space
for aircraft storage or for aircraft and
engine repair, shall not be less than 4800
square feet in floor area. The quality and
design of all hangars to be constructed is
14
N
e
subject to approval bye the Commission
prior to construction.
c) Auto Parking. A hard surfaced automobile
parking area, adjacent to the main build-
ing, with a minimum of twenty spaces will
be required, subject to availability of
land.
d) Site Plan. All site, building and facili-
ties location, plans for the area leased
must be reviewed and approved by the
Airport Director.
e)
Utilities. All proposed utilities to be
brought into the property must be reviewed
and approved by the Airport Director.
f)
Building Codes, Permitting Requirements,
Regulations and Standards. All construc-
tion, including facility installations and
building structures must comply with all
appropriate local, state, and federal
building, structural, electrical, HVAC,
plumbing, mechanical, fire, flood, and
health protection codes, permitting re-
quirements, regulations and standards as
applicable and established by the appropri-
ate governmental agencies.
g)
Final Approval Authority. All of the
proposed construction and improvements will
be subject to the final approval authority
of the Commission.
4. Sale
of Aviation Petroleum Products, Ramer
Service and Storage. A Fixed Base Operator is
15
authorized to receive, store,' and dispense at
retail; aviation fuel, oil, and other aviation
petroleum products. The following minimum
services are to be provided:
a) Aircraft Parking Apron and Service Ramp
Lease from the Commission or provide with
the approval of the commission a minimum of
two (2) acres (subject to availability of
land) of Portland Cement Concrete or
asphalt paved areas with tiedown facilities
as described in Section V.D. (3) (a) for
based and transient aircraft parking apron
with access or accesses to taxiways. The
type of pavement and pavement section
thickness shall be determined by the
Airport Director. The minimum area of the
corresponding transient or service ramp
shall be approved by the Commission.
b) Fuel Tank Farm and Refueling Vehicles.
Provide and maintain a minimum of 20,000
gallons aviation fuel storage capacity,
meeting all applicable local, state, and
federal safety and permitting requirements
in a location acceptable to the Commission,
for each grade of aviation fuel usually
required for aircraft using the airport.
In this regard 100 octane aviation gasoline
and Jet A aviation kerosene base fuel,
shall be available at all times. FBO shall
operate and maintain in good condition an
adequate number of aircraft refueling
16
9
3
vehicles for each type 'of product sold.
Each refueling vehicle shall be of adequate
volume and pumping capacity to sufficiently
service these aircraft normally using the
airport.
c) Pumping Equipment. Provide and maintain
pumping equipment meeting all applicable
local, state, and federal safety and
permitting requirements with reliable
metering devices subject to state and
independent inspection and with a pumping
efficiency and capacity capable of servic-
ing those aircraft normally using the
airport.
d) Hours of Operation. Have personnel on duty
at all times during normal business hours
of 0800 to 1800 seven days a week and at
such other times as is necessary to satisfy
reasonable demands for aircraft services.
e) General Aviation Terminal Building
Facilities. Construct in a location
approved by the Commission, or lease from
the Commission building space with a
minimum of 600 square feet, comfortably
heated'and air conditioned with waiting
rooms for passengers and crew of aircraft,
including sanitary restrooms and public
telephone. Design and construction plans
for the facility must be reviewed,
approved, and/or permitted by all applica-
ble local, state, and federal agencies, and
17
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approved by the Commission prior to con-
struction of the facility.
f) Ground Rods. Install at all fixed fueling
w
locations adequate grounding rods to reduce
the hazards of static electricity.
g) Flight Line Repairs. A Fixed Base Operator
shall demonstrate a capability to perform
minor aircraft and engine repairs of the
type generally known as flight line re-
pairs.
5. Insurance.
a) General. A Fixed Base Operator shall
maintain all required insurance and bonds
with insurance underwriters authorized to
do business in the State of Florida satis-
factory to the Commission. All policies
shall name Monroe County, as additional
insured. The Fixed Base Operator shall
furnish the Commission with a certificate
of insurance showing such insurance/bonds
to be in full force and effect during the
entire term of the contract. All policies
shall contain a provision that written
notice of cancellation or any material
change in the policy by the insurer will be
delivered to the Airport Director thirty
(30) days in advance to the effective date
of such cancellation or change.
b) Fire, Extended Coverage and Vandalism The
Fixed Base Operator shall at its sole cost
and expense, cause all improvements on the
18
L.
demised premises to be kept insured to the
full replacement value thereof, against
the perils of fire, extended coverage, and
vandalism and in the amounts customary
against the perils of explosion from
boilers and pressure vessels, sprinkle
leakage and like perils. The proceeds of
any such insurance paid on account of any
of the perils aforesaid, shall be used to
defray the cost of repairing, restoring or
reconstructing said improvements.
c) Indemnity. The Fixed Base Operator shall
assume all risks incident to, or in connec-
tion with, its business to be conducted and
shall be solely responsible for all acci-
dents or injuries of whatever nature or
kind to persons or property caused by its
operations at the airport, and shall
indemnify, defend and harmless Monroe
County,. its elected and appointed offi-
cials, employees, authorized agents and
representatives from any penalties for
violation of any law, ordinance or regula-
tion affecting its operation, and from any
and all claims, suits, losses, damages or
injuries to persons or whatsoever kind of
nature arising directly or indirectly out
of such business, or resulting from the
carelessness, negligence, or improper
conduct of the Fixed Base Operator, or any
of its agents or employees.
19 1
9
4
d) Commercial General Liability. The Fixed
Base Operator will be required to provide
Commercial General Liability Insurance in
the amount of not less than $1,000,000
combined single limit, which shall apply
with respect to liability because of injury
to persons or destruction of aircraft or
aircraft parts, including the loss of use
of aircraft, which are the property of
others and are in the custody of the Fixed
Base Operator for storage, repair or
safekeeping in or on the airport.
At all times during the term of the lease
the limit of liability must be such that in
the event of a loss the Fixed Base Operator
will be completely insured with respect to
any one accident. In accordance with
paragraph 5C, Indemnity.
e) Performance Bond. Prior to the commence-
ment of any construction a Fixed Base
Operator will provide and deliver to the
Commission a Performance Bond in the amount
of the budget estimate for all construction
costs, which shall be conditioned upon the
full and faithful performance by the Fixed
Base Operator of all duties, responsibili-
ties and obligations to design and con-
struct all building, hangar and/or associ-
ated facilities herein required.
20
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k
tl
6. Fees. In addition to land rental and other fees
established during lease negotiations, the
Commission may, from time to time, establish
other fees such as:
a) Fuel Flowage Fees. If Monroe County so
elects to establish a fuel flowage fee, the
Fixed Base Operator will pay the county the
fee for aircraft fuel pumped into aircraft
for any purpose, except for that fuel
pumped into aircraft exempt from fuel
flowage fees pursuant to agreement with
Monroe County, the terms to be finalized at
the time of establishment.
b) Airport Usage Fee. Monroe County may also
elect to establish an airport usage fee.
In that event, the Fixed Base Operator will
be required to pay the fee based on a
percentage of the Gross Receipts (hereinaf-
ter defined) received by the Fixed Base
Operator from all commercial operations
conducted on, in or from the leased premis-
es, the terms to be finalized at the time
of lease negotiations.
(1) Gross Receipts. The term "Gross
Receipts" shall consist of all revenue
received or realized by or accruing to
the Fixed Base Operator from all
sales, for cash or credit, of servic-
es, products or other merchandise made
pursuant to the privileges authorized
by its agreement with the county,
21
I
L.
excluding revenue derived from the
sale of aircraft fuels. All revenues
shall be deemed to be received at the
time of the determination of the
amount due the Fixed Base Operator for
each transaction, whether for cash or
credit, and not at the time of billing
payment. Any taxes imposed by law
which are separately stated and paid
for by the customer, and which are
directly payable to the taxing author-
ity by the Fixed Base Operator, shall
be excluded from the receipts of the
Fixed Base Operator for the computa-
tion of the percentage assessment.
7. Term of Lease. The lease term that will be
granted to a Fixed Base Operator meeting all of
the standards for providing Primary Services
hereinbefore set forth will be for a period of
five (5) years with an option to renew for one
(1) additional five (5) year period, subject to
renegotiations of fees and charges in addition
thereto. The contract amount agreed to herein
may be adjusted annually in accordancewith the
percentage change in the Consumer Price Index
(CPI) for Wage Earners and Clerical Workers in
the Miami, Florida area index, and shall be
based upon the annual average CPI computation
from January 1 through December 31 of the
previous year. A Fixed Base Operator providing
Secondary Service will be allowed the option to
22
s
11
renew for two additional five'(5) year periods,
also subject to the renegotiation of fees and
charges in addition thereto.
VI. Partial or Individual Aeronautical Services
In the event a person desires to establish a business
on a Monroe County Airport which includes only a part
of the elements of primary and/or secondary
commercial aeronautical support services, excluding
sale of aviation fuel, as herein before defined, such
person, will be required to negotiate a lease with
the Commission upon terms, conditions, and standards
necessary for the protection of the public health,
welfare, and safety. In order to provide partial or
individual aeronautical services, it will be
necessary to meet the minimum requirements listed
under the specific category as described below. In
addition to the providers of individual services, all
Fixed Base Operators providing these services must
also meet the minimum requirements.
A. Flight Instruction and Aircraft Rental Services
A provider in this category is authorized to
carry on flight and ground school instruction and
to rent aircraft. The following is required:
1. Personnel and Certifications. Have available
on a full-time employment basis a minimum of
one (1) pilot appropriately rated, and with
all applicable and current Federal Aviation
Administration Instructor Pilot and Federal
Aviation Administration approved Medical
Certificates and possess all the required
Federal Aviation Administration approvals for
23
ground school curriculum. 1
2. Aircraft and Equipment. Provide and at all
times maintain, in accordance with FAA require-
ments, a minimum of one (1) aircraft owned or
leased by and under the exclusive control of the
Provider, which is properly equipped as required
by the FAA regulations and is certified for
flight instruction and rental.
3. Facilities. Construct in a location directed
by the Commission or lease from the Commission
for his exclusive use, a minimum of 500 square
feet of classroom and/or office space, to include
restrooms, unless same are provided under other
categories in a multi -category service. Design
and construction plans must meet the Detailed
Requirements described in V.D(3) (d), (e), (f)
and (g.) .
4. Obligations and Responsibilities. Obligation
and responsibility for determining that personnel
operating rental aircraft obtained from the
Provider have appropriate and current FAA Pilot
licenses, ratings, approved Medical Certificates,
and are capable of operating the aircraft to be
rented or leased, and knowledgeable of all
applicable airport rules.
5. Insurance. Furnish required insurance as
described in Section V.D.(5) (a), (b), (c), (d)
and (e) .
B. Non -Scheduled Aircraft Charter, Air Taxi and Sight-
seeing Services. A Provider in this category is
authorized to operate a non-scheduled charter service
24
I
4
and non-scheduled air taxi service. Copies of all
applicable certificates required of the Provider by
the FAA shall be provided to the Commission. In
addition, the Provider shall meet the following
minimum requirements:
1. Personnel and Certifications. Have available on
a full-time employment basis a minimum of one or
two FAA certified pilots with current commercial
and instrument ratings and appropriate and
current FAA approved Medical Certificates as
crew for his aircraft. The number depends on
the type of aircraft used.
2. Aircraft and Equipment. Provide and at all
times maintain a currently certified and contin-
uously airworthy aircraft owned or leased by the
under the exclusive control of the Provider,
properly certificated and equipped for air
charter or air taxi service as required by
current'FAA regulations.
3. Facilities. Construct a building in a location
directed by the Commission or lease from the
Commission for his exclusive use, a minimum of
500 square feet in a building to provide for
waiting and checking in of passengers, handling
of luggage, restroom facilities and public
telephone, (unless restrooms and telephone are
provided under other categories in a
multi -category proposal), plus must provide
satisfactory parking and ground transportation.
Design and constructions plans for such
25
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k
facilities must meet the Detailed Requirements
described in V.D. (3) (d) , (e) , (f) and (g) .
4. Insurance. Furnish required insurance as
described in Section V.D. (5) (a), (b), (c), (d)
and (e) .
C. Aircraft Sales. A Provider in this category is
authorized to conduct an aircraft sales operation.
In this category, the Provider shall meet the follow-
ing minimum requirements:
1. Sales or Distributorship Franchise Agreement
Have a sales or distributorship franchise
agreement from an aircraft manufacturer or a
substitute arrangement satisfactory to the
Commission.
2. Personnel, Certifications and Hours of Opera-
tion. Have available during normal working
hours of 0800 to 1800. FAA certificated and
currently airworthy aircraft for sale and
demonstration, with a minimum of one (1) fully
qualified demonstrator pilot employed with
current and appropriate FAA pilot ratings and
FAA approved medical certificates.
3. Customer and Warranty Services. Provider must
be able to offer customer and warranty services
for any new aircraft purchased as a part of the
sales or distributorship franchise agreement
with the manufacturer.
4. Facilities. Construct where directed by the
Commission, or lease from the Commission, for
his exclusive use, a minimum of 500 square feet
of office space to include restroom facilities.
26
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k
The design and construction, plans for this
building must meet the Detailed Requirements
described in Section V.D. (3) (d) , (e) , (f) and
(g).
5. Insurance. Furnish required insurance as
described in Section V.D. (5) (a), (b), (c), (d)
and (e) .
D. Aircraft, Engine, Propeller, and Accessory Mainte-
nance Services. A Provider in this category is
authorized to operate an aircraft, engine, propeller,
and accessory maintenance and overhaul facility. The
following services are to be provided:
1. Equipment, Personnel and Certifications
Furnish 'facilities and equipment for airframe
and power plant repairs, and employ sufficient
qualified and certified A i P mechanics and such
other personnel to adequately serve the flying
public. Depending upon level (i.e. Individual,
Primary, or Secondary) such airframes and power
plant repair shall include facilities for both
major and minor repair of aircraft airframes and
power plants used in general aviation in Monroe
County.
2. Additional Services. If required, demonstrate
the ability •to and assume responsibility for
promptly removing from the public landing area
as soon as permitted by cognizant FAA and Civil
Aeronautical Board Authorities, any disabled
aircraft upon request by the aircraft owner or
the Director of Airports.
27
9
3. Facilities Required by Primary and Secondary
Services Fixed Base Operators. For primary and
secondary service Fixed Base Operators, con-
struct in a location directed by the Commission
or lease from the Commission for his exclusive
use a minimum of 4800 square feet of hangar
space, and a minimum of 1000 square feet of
office, shop and storage space, plus sufficient
ramp space adjacent to the hanger for aircraft
parking. Design and construction must meet the
Detailed Requirements described in Section V.D.
(3) (d), (e), (f) and (g).
4. Facilities Required by Individual Providers
Individual providers of these services must
construct or lease in a location directed by the
Commission for his exclusive use 3000 square
feet of hangar space, and a minimum of 300
square feet of office, shop and storage space,
plus sufficient tiedown space in proximity of
the hangar for aircraft parking. Design and
construction must meet the Detailed Requirements
described in Section V.D. (3) (d), (e), (f) and
(g) .
5. Insurance. Furnish required insurance as
described in,Section V.D. (5) (a), (b), (c), (d)
and (e) .
E. Avionics and Instrument Repair Service A Provider
in this category is authorized to operate a avionics
and instrument repair station. The following minimum
services shall be provided:
28
0
d
l
11. Construct in a location directed by the Commis-
sion or lease from the Commission for his
exclusive use a minimum of 500 square feet of
shop and storage space, and, if available,
sufficient ramp space adjacent to the facility
for the parking of aircraft and/or storage and
aircraft being worked on. Otherwise, provider
must make satisfactory arrangements, acceptable
to the Commission, for access to and/or storage
of aircraft being worked on. Design and con-
struction plans to be completed by the Provider
shall meet the Detailed Requirements described
in Section V.D. (3) (d), (e), (f) and (g).
2. Have available on a normal full-time basis FAA
certificated technicians in the field of air-
craft electronics and aircraft instruments
repair, with proper Federal Communications
Commission license to conduct complete aircraft
transmitter, receiver and antennae repair.
F. Other Commercial Aeronautical Activities. All
commercial activities not covered by the foregoing,
shall be subject to specific agreements and approval
by the Commission. Prior to the consideration by the
Commission of such activities, a letter of applica-
tion, explaining in detail the nature of the opera-
tion shall be submitted to the Airport Director by
the prospective tenant who shall determine the
requirements for such activities and notify the
prospective tenant thereof. The Commission may
designate the location and size of areas in which any
commercial activities may be carried on and the
29 J
9
Commission may enter into a lease or agreement with
such applicant authorizing and permitting him to
function on the airport. No such commercial activity
shall be started or conducted without written permis-
sion from the Commission.
VII. Background Investigation
All persons desiring to establish a business at a Monroe
County Airport will be subject to the investigation of
their aviation experience, financial ability, credit
rating and other conditions usually used in good business
practice to determine a person's ability to perform and
fulfill the requirements of a contract of lease.
VIII. Right to Modify
The Commission reserves the right to modify these
standards from time to time as may be required for the
benefit of the general public and for proper and
efficient operation of the airport.
IX. Precedence
In the event of any conflict between the terms of these
minimum standards and the provisions of any lease, the
provisions of the lease shall be controlling.
30
IN
EXHIBIT `D'
ENVIRONMENTAL AUDIT
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MARATHON
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ONSULTANT
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September 30, 1997
Wayne Smith, Attorney at Law
Morgan and Hendrick, P.A.
317 Whitehead Street
Key West, FL 33040
Subject: Limited Scope Phase 1 Environmental Audit
Flight Department/Jet Center property
Marathon Airport
Dear Mr. Smith:
KEYS (305) 294-1238
FAX (305) 294-2164
Mm (305) 661-4928
FAX (305) 6% 4658
E-MAIL: bwmtt@signaLnet
We are pleased to provide herewith the Phase 1 Environmental Audit prepared by SW stafffor the above -
referenced property.
It has been a pleasure assisting you and Monroe County in preparation ofthis report. Should you have any
questions, or if you require further assistance, please feel free to contact us.
Sincerely,
SANDRA WALTERS, CONSULTANT
Sandra Walters
Enclosed: Three copies of the above -referenced Phase 1 audit, with figures and attachments
600 WHITE STREET, SUITE 5, KEY WEST, FL 33040
4530 SW 68 COURT CIRCLE, SUITE 6, MwMI, FL 33155
TABLE OF CONTENTS
Section Description Page No.
1.0
Introduction
1
2.0
Land Use
2
3.0
Geology and Hydrology
3
4.0
Soil Classification
4
5.0
Drainage
4
6.0
Wastewater Disposal
4
7.0
Environmental Concerns
5
8.0
Recommendations
8
9.0
Conclusions
9
10.0
Consultant Qualifications
10
LIST OF FIGURES
Number Description After Page
1 Site Vicinity Map 1
2 Aerial of Flight Department Property 2
3 Close Up Aerial of Eastern Site 2
4 Close Up Aerial of Western Site 2
ATTACHMENTS
Number Description No. Pages
A Photographs 8
B December 1996 DEP Inspection Report 2
C Definition of Environmental Risk Categories 1
1.0 INTRODUCTION
This environmental audit was commissioned by Wayne Smith, Attorney at Law with the firm of
Morgan & Hendrick, P.A. acting in the capacity of Monroe County Attorney, for the buyout by
Monroe County of the lease for the subject property held by the Flight Department/Jet Center,
Inc.
The general location of the subject property is depicted in the Site Vicinity Map, Figure 1. Field
investigation, data collection and data assessment were conducted by staff of Sandra Walters,
Consultant (SW).
Due to the tight time frame within which this Phase 1 Environmental Audit must be completed, it
is limited in scope to the actual property in question, with no review of adjoining property except
for areas of concern obviously visible from field examination of the subject property. In addition,
the client, Monroe County, is the owner of the subject property and is fully cognizant of its
history, in regard to present and past leaseholders, construction dates of structures, etc.
Therefore, this audit will focus on an inventory of the existing environmental assets and potential
liabilities at the project site, to determine and document compliance with environmental
regulations. This environmental audit was produced through the completion of the following
tasks:
• Review of available historical data and historical aerial photographs.
• On -site visual survey of the property conducted by SW staff on September 25, 1997.
• Review of available technical data and environmental permits pertaining to the subject site.
• Visual review from the subject property of immediately adjacent properties to define property
land usage and to identify possible environmental impact(s) to the subject property.
• Review of available technical data and environmental permits pertaining to adjacent
properties, if obvious potential problems are noted from visual review.
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This Phase I Environmental Audit relied upon a visual inspection of the property and a review of
information and records supplied to SW by the present leaseholder and pertinent government
agencies. SW can make no assessments and/or recommendations regarding potential
environmental violations or problems beyond the information provided as background material.
This Phase I Environment Audit does not include the collection and/or analysis of groundwater or
soil. Verification and quantification of suspected contamination cannot occur without field testing
and analysis included under the auspices of a Phase II Environmental Audit. A suggested scope
of work for field testing and analysis are included in section 8.0 of this report.
This audit includes a review of environmental issues exclusively, and therefore does not include a
review of any building codes, zoning regulations or restrictive covenants.
2.0 LAND USE
The following discussion of the subject property's existing land use and that of adjacent properties
is based upon a site visit conducted by SW staff on September 25, 1997, and interviews with the
following employees of the Flight Department/Jet Center, the present leaseholder of the
property— Mr. Efrain Martinez, flight line service technican, and Assistant Manager Rita Seaver.
The Flight Department/Jet Center consists of two parcels at the Marathon Airport (see Figure
2)--the offices, general aviation terminal with related services and parking, and tank farm are to
the east of the main airport terminal (see Figure 3); and the maintenance and training center are to
the south (see Figure 4). The parcels extend from a chain link fence along US Highway 1 on the
south to close to the edge of the southern taxiway on the north.
Structures on the property, from east to west, include the following:
0 The Flight Department/Jet Center General Aviation Terminal.
• A line operations office.
• A small shed just east of the tank farm.
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• The tank farm, contained within a concrete wall.
• The maintenance and training center building.
The Flight Department/Jet Center building (see Photograph # 1) receives the most visitation by the
general public, as it contains the personnel and facilities for general aviation services. Repair
services are provided through large hangar doors facing north (see Photograph #2). An
automobile parking area is located immediately to the east, and the small (approximately 20 feet X
20 feet) line operations building is just to the north of this lot.
The tank farm (see Photograph #3) contains, from east to west (right to left in photo), a 7,500
gallon tank containing Jet A fuel; a 12,000 gallon tank also containing Jet A fuel; and a second
12,000 gallon tank containing AVGAS, which is aviation grade gasoline. The tanks are mounted
on cement stands which sit on cement bases, and are contained by a cement wall. The pipe and
valve system for discharging from the tanks extends to the south of the tanks, serving a cement
slab on which fueling trucks are filled that carry fuel directly to airplanes on the tarmac (see
Photograph #4). The tarmac to the east, north, and west of the tank farm contains tie downs for
parking small, general aviation aircraft.
The maintenance and training center building is a large, open hangar where airplane repair and
instruction in airplane mechanics takes place (see Photograph #5). Automobile parking is to the
east of the building, and tie downs for airplanes are on the tarmac to the west.
3.0 GEOLOGY AND HYDROLOGY
The underlying geological structure of the Marathon area consists of about 175 feet of Key Largo
Coralline Limestone, which is composed of large masses of coral and cavities, mixed with
conglomerate Key Largo Calcarenite and Calcilutite. The cavities in this formation produce such
high porosity that freshwater lenses do not form, so the groundwater is basically saline and varies
in depth below the ground surface with the tides. This is underlain by fossiliferous limestone
formations of marine origin, to about 2,000 feet.
3
The surface soils of most of the Marathon area have been altered significantly by construction
activities, and the layer overlying the bedrock is composed mostly of unconsolidated material of -�
unknown origin.
Potable water for all the Florida Keys is supplied from wells in Dade County, so there are no
wellfield protection zones in the Keys.
4.0 SOIL CLASSIFICATION
The soils of Marathon and at the subject property are classified as Urban Land by the US
Department of Agriculture, Natural Resources Conservation Service. These types of soils are
characterized as having been heavily reworked to the extent that the native soil profile has been
destroyed. The soils used for coastal filling were generally dredged from nearby waters. The
soils at the subject property have a high rate of permeability, typical of both the natural and
altered areas of Marathon.
5.0 DRAINAGE
Impervious surfaces on the site mostly drain to neighboring vegetated areas. Exceptions to this
include a trench drain to the north of the general aviation hangar, which leads to a french
drain/exfiltration gallery; and catch basins to the east and west of the maintenance and training
building, which lead to an exfiltration system. The actual locations of these systems was not
determined, as they were not apparent to visual inspection and were not shown on
preconstruction drawings available from the leasee.
6.0 WASTEWATER DISPOSAL
Wastewater disposal for the structures onsite is provided by septic tanks and drainfields. Site
personnel report the wastewater system for the Flight Department/Jet Center is located to the
4
west of the building near the main entrance. The location of the system serving the maintenance
and training building was not determined.
7.0 ENVIRONMENTAL CONCERNS
7.1 Tank Farm Area
• Florida Department of Environmental Protection (DEP) records indicated that a routine
inspection on December 4, 1996 found pitting and corrosion on the Jet A tanks, and
cracking at the base of the containment wall (see Attachment B). At the time of SW's
site inspection, these problems had been corrected, as the tanks had been repainted and
the cracks were filled (see photograph #s 3 and 6).
• The same DEP report (Attachment B) noted that drains from the containment area
should be secured. SW's site inspection found these drains still open.
• Runoff from the concrete slab where fueling trucks are filled from the tank farm is not
contained or treated, but sheet flows to an adjacent grassy area (see Photograph #4).
The soil which receives this runoff, directly next to the chain link fence along the
southern border of the property, was very discolored and smelled strongly of petroleum
on SW's site inspection. Personnel at the site claimed the distressed vegetation was due
to weed control spraying.
• The small aluminum building directly east of the secondary containment area of the tank
farm (visible in far upper right of Photograph #3) is used for visual inspection of each
fuel truck's load prior to dispensing to aircraft. The removed fuel is placed in 5 gallon
drums (see lower left of Photograph #7) which are then secondarily contained in plastic
trays. The shed has a plywood floor with evidence of some discharges, and has only soil
beneath it.
E
7.2 The Flight Department/Jet Center Building
• The waste oil and waste coolant area for this building is located behind the northwest r
corner of the hangar building (see Photograph #8). The drums were appropriately
labeled with "EMC Oil Corp." and "Waste Coolant Only." The waste oil tank appeared
to be empty at the time of the field inspection. The waste coolant did not have
secondary containment. Ms. Rita Seaver indicated that EMC handles these waste
materials for the Flight Department/Jet Center, and disposal manifests were available for
inspection.
• A minor surface discoloration was visible at the south end of the waste oil tank (see
Photograph #9). The asphalt is not continuous to the building slab so some of this
material may have impacted the soil in this area.
• A sink located in the southeast corner of the hangar building was heavily stained (see
Photograph # 10), and had a rubber drain which emptied directly onto the grass and
pavement outside, about 3 feet from the waste oil tank. Discharge from this sink may
have contributed to the surface discoloration at the corner of the tank.
• A trench drain connected to a french drain/exfiltration gallery collects runoff from a
paved area used for washing aircraft located directly north of the general aviation hangar
doors (see Photograph #11, trench drain is fine line parallel to doors). The stained area
in front of the trench drain in the photo was caused by a 5-7 gallon AVGAS spill about
two months ago, according to site personnel. This fuel entered the trench drain system.
7.3 Central Aircraft Parking Area
A 20 gallon Jet A fuel spill occurred in this area in the fall of 1996, according to site
personnel (see Photograph #12). They reported that fuel did not reach the edge of the
asphalt until the Fire Department responding to the spill hosed the fuel to the grass area
C.
immediately next to the fence. The grass at the asphalt edge is not appear distressed,
probably because of the time elapsed since the spill.
7.4 Maintenance & Training Center
• Catch basins to the east (Photograph #13) and west (Photograph #14) of the hangar
building had a visible sheen of oil on the water surface, and staining around the
structures indicates that liquids other than water may have entered. Photograph # 14
also shows the waste oil tank in the upper right.
• There was waste oil on the cement and entering the adjacent grassed area around the
waste oil tank at the northeast corner of the hangar building (see Photograph #15). The
tank and drums had EMC Oil Corp. labels.
• The cement area to the north of the hangar building is used for washing aircraft, and the
wash water runs into the grass to the north, which is discolored gray from chronic
oil/grease content of the wash water.
8.0 RECOMMENDATIONS
8.1 Tank Farm Area
• Soil and groundwater samples for the area shown in Photograph #4, which receives
runoff from the cement slab where fuel trucks are filled, should be taken and analyzed.
In addition, this area should be contained so that runoff can be collected and treated if
spills occur.
• The valves in the containment walls surrounding the fuel tanks should be closed and
locked out to prevent unauthorized opening, or the valve handles should be removed
and stored in a secure area.
7
0 The soil under the plywood flooring (Photograph #7) of the small aluminum fuel testing
shed just east of the tank farm should be sampled and tested.
8.2 The Flight Department/Jet Center
• Secondary containment should be provided for the waste coolant drums at the northeast
corner of the hangar building (Photograph #8).
• The ground area at the corner of the waste oil tank shown in Photograph #9 should be
cleaned and materials properly disposed of.
• The sink and drain in Photograph #10 should be removed. This discharge area can be
addressed at the same time as the ground area in Photograph #9.
• The location of the french drain/exfiltration chamber associated with the trench drain
shown in Photograph #11 should be determined. A containment assessment of this
structure should be designed to delineate the degree and extent of potential discharges
to this system and the impact on the soil and groundwater.
• Aircraft washing should be confined to a properly designed area which would contain
the wash waters pending proper disposal or recycling.
8.3 Central Aircraft Parking Area
A contamination assessment of the fuel infiltration area shown in Photograph #12 should be
performed to determine the impact on the soil and groundwater in the area.
8
8.4 Maintenance & Training Center
• The catch basins on the east and west sides of the building (Photograph #s 13 and 14) W"
should be pumped and decontaminated (steam/pressure wash). The exfiltration area for
these structures should be located and assessed to determine the impact these potential
discharges may have had on the soil and groundwater.
• The waste oil tank spill area visible in Photograph #15 should be assessed (soil and
groundwater), remdiated (excavation/T&D), and restored. This area has the most highly
visible non-compliance observed on the site.
• Aircraft washing should be confined to a properly designed area which would contain
the wash waters pending proper disposal or recycling. Soil samples in the area turned
gray from repeated exposure should be taken and analyzed for contamination.
• The septic tank and drainfield system for this building should be located and the area
sampled for potential contamination, as the staining around the catch basins and overall
appearance indicate that maintenance procedures are not as stringent in this building as
at the Flight Department/Jet Center, so the wastewater treatment system might have
been affected.
9.0 CONCLUSIONS
In general, the site is well maintained, and shows substantially fewer signs of potential
contamination than do many general aviation facilities elsewhere is South Florida. With the
exception of the waste oil tank overfill, all of the others areas of concern appear to have been
accidental discharges.
Our evaluation finds the subject property to be classified in the medium environmental risk
category (please see definition of environmental risk categories). A sampling and
E
testing program conducted on the site is recommended to assess degree and extent of
contamination and to define remediation measures.
10.0 CONSULTANT QUALIFICATIONS
Sandra Walters, Consultant is an environmental and land use consulting firth serving clients in the
United States and Caribbean, with primary focus on the Southeast and Florida. Our capabilities
include environmental, public facilities, and land use site assessments, planning and permitting;
public involvement/public information services; and policy analysis and legislative support.
Associates of the firm have participated in Phase I assessments of more than 160 sites located
throughout the country in the last four years.
10
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PHOTOGRAPH #3: Tank farm east of Flight Department/Jet Center building. Note sec -
ondary containment wall and piping system to fill fuel trucks.
PHOTOGRAPH #4: Cement slab where fuel trucks are filled. Note contaminated soil next
to fence on right.
PHOTOGRAPH #5: Above is the
maintenance and training center build-
ing, to west of main terminal at Mara-
thon Airport.
PHOTOGRAPH #6: To left is the ce-
ment floor ofthe fuel farm secondary
containment area showing repair of
cracks noted in DEP inspection re-
port
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PHOTOGRAPH # 11: Trench drain north of general aviation hangar which receives runo ff
from washing planes, and also received recent AVGAS spill.
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PHOTOGRAPH # 12: Dark stain in central aircraft parking area at Flight Department/Jet
Center is location of 20 gallon Jet A fuel spill in fall of 1996. Fuel was washed by Fire
Department into grass area by the fence at top of photo.
6
PHOTOGRAPH #13: Drainage
catch basins to east of maintenance
- and training center building. Note
staining around structures indicating
contaminants may have entered.
w
Oft
PHOTOGRAPH # 14: To right,
drainage catch basins to west of main-
tenance and training building. All
catch basins had visible sheen of oil
on water inside.
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r�CILIT, T� #: 448511999
�[lLlTY MAME: FLIGHT DEPARTMENT
lL[TY LOCATlON: 9850 OVERSEAS HWY, MARATHON
ITY CONTACT: THE FLIEHT DEPARTMENT
-'4NER: FLIGHT DEPARTMENT
JNER ADDRE�S: MARATHON AIPPO�T, MAPATHON, FL,
u4NER CONTACT: A F OWENS.
!�TITUDELONGITUDE:8i-')2-49
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]NTAMlMA7ION �ATA AYAILAlBLE: NO�E
PRlNTED:
COUNT�: MONROE
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PHOME743-4222
PHONE: (3(}5) 743-422�
330�0-0000
OWNER CHANGE D�-,TE: 6?/01�85
FAC TYPE: NOH-RETAIL BU5IMES5
LAST A-:%T COMPLIANCE DATE:0�/21'9
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POLLUTAMT 5TORAGE TAN}. SYETEM
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PRINTED: 12/�4/�
.�[ILIT� lD #: 44S51199? COUNTY: MONROE
F�CILlTY NAME: FLIGHT DEPARTMENT
�C}LITY LOCATION: 9850 OYERSEAS HWY, MARATHON ~_
i[[LITY C[P/TACT: THE FLIGHT DA EPF,TMENT PHON: E-305) -/4�-4222
COMMENTq-:
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RECEIVED
JAN Z 7 1997 7),E~P, Marathon
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ATTACHMENT C
DEFINITION OF ENVIRONMENTAL RISK CATEGORIES
1. NOMINAL - An environmental concern is noted on the subject property or nearby area
but is considered to have little or no potential of causing soil or groundwater
contamination on the subject property.
2. LOW - A nearby facility has storage tanks or is known to deal with hazardous materials.
The potential for causing contamination that would affect the subject property exists but is
not considered likely. This rating also applies to environmental concerns on the subject
property that have a low potential to cause soil or groundwater contamination.
3. MEDIUM - This rating applies to an environmental concern on or adjacent to the subject
property that, if left unattended, is considered to have a strong potential to cause soil or
groundwater contamination on the subject property over the long term even though it
does not appear to be an immediate problem.
4. HIGH - An environmental concern has been noted on the subject property or on an
adjacent property which raises sufficient questions about the potential for contamination to
warrant further assessments. This rating also applies to the presence of unassessed or
unregulated underground storage tanks on or adjacent to the subject property.
EXHIBIT 'E'
INSURANCE
1996 Edition
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Airport/Aircraft Activities
Prior to occupying the property and commencing operations, the FBO shall obtain, at his/her
own expense, insurance as specified in the attached schedules, which are made part of this
contract. The FBO will ensure that the insurance obtained will extend protection to all
Contractors engaged by the FBO.
The FBO will not be permitted to commence operations (including pre -staging of personnel and
material) until satisfactory evidence of the required insurance has been furnished to the County
as specified below.
The FBO shall maintain the required insurance throughout the entire term of this contract and
any extensions specified in any attached schedules. Failure to comply with this provision may
result in the immediate suspension of all activities conducted by the FBO and its Contractors
until the required insurance has been reinstated or replaced.
The FBO shall provide, to the County, as satisfactory evidence of the required insurance, either:
• Certificate of Insurance
[IN
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, 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 construed as relieving the
FBO from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
Modified by Risk Management 2/5/98
Administration Instruction
114709.2 24
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of operations governed by this contract, the FBO shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the FBO shall obtain Employers' Liability Insurance with limits of not less than:
$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
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
Modified by Risk Management 2/5/98
Administration Instruction
t! 4709.2 90
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 FBO 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 FBO shall also purchase Non -owned Aircraft Liability Insurance with minimum limits of
$5,000,000 per occurrence.
Modified by Risk Management 2/5/98
Administration Instruction
114709.2 65
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the FBO, prior
to the commencement of operations, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
• Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Modified by Risk Management 2/5/98
Administration Instruction
#4709.2 83
1996 Edition
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY -OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the FBO taking possession of the property governed by this agreement, the FBO shall
obtain All Risk Property Insurance (to include the perils of Flood and Wind) with limits no less
than the Replacement Cost Value of the property leased or rented. Coverage shall be maintained
throughout the life of the Agreement and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfy the above requirements.
Modified by Risk Managment 2/5/98
Administration Instruction
94709.2 29
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EXHIBIT B
LEASE AMENDMENT
This Lease Amendment is entered into this--�_�-- day ofL,'&4'4t94P0-, 2001,
by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon Florida 33050
(hereafter County), and PARADISE AVIATION, INC., a corporation, whose address is 9850
Overseas Highway, Marathon, Florida 33050 (hereafter FBO).
WHEREAS, on April 6, 1998, the parties entered into a 20 year lease (the original lease)
whereby the FBO is to provide fixed base operations service at the Florida Keys Marathon
Airport (FKMAP). A copy of the original lease is attached as Exhibit A and made a part of this
amendment; and
WHEREAS, the County and the F8O desire to expand the FBO's premises to provide an
additional hangar and ramp area; 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 a total of 37,800 square feet of real
property (25,800 square feet at .30 cents a square foot and 12,000 square feet at .11 cents a
square foot) 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 the site of a county approved newly
constructed hangar, aircraft tie -downs and aviation activity only. The new hangar is to be built
at the sole cost and expense of the FBO. The improvements made by the FBO to premises
automatically become the property of the County upon the termination of this lease. However,
FOOT funds may become available for improvement construction. In that case, if FDOT funds
are used to construct the hangar then the FRO must provide a letter of credit in the amount
equal to their estimated share of the hangar and sign an Agreement with the County before any
public funds are provided. The County/FRO agreement will authorize payment to the County
from the letter of credit if the FRO fails to promptly pay its portion of the improvement
construction costs and any additional terms required for the use of FDOT Funds.
2018.
2. The term of this lease amendment begins on January 1, 2002 and ends on April 5,
3. The rent for the premises is $755, plus tax, per month, payable upon certificate
of ramp completion and subject to increase in amount as provided in the original lease.
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.
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5. If the hangar is not constructed or has not received a certifica %:=ou§gpanT
within two years of the effective date, this amendment becomes void. N C)
TNESS WHEREOF, each party has caused this Agreement to be-exutettby its
a:. resentative the date first written above. tz'CD
-E BOARD OF COUNTY COMMISSIONERS
-T' L. KOLHAGE, CLERK OF MONROE CO TY, FLORIDA
Y
eputy Clerk Mayo /Chairperson
ATTEST: PARADISE AVIATION, INC.
By ,--- By =7
TitreTit e
jdairportparadise
APPRO
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