Item D23
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21. 2007
Division: Airports
Bulk Item: Yes X
No
Department: Florida Kevs Marathon Airport
Staff Contact Person: James R. "Reggie" Paros/6002
AGENDA ITEM WORDING: Approval of an Amendment to Lease Agreement with Tony D' Aiuto,
d/b/a Antique Aircraft Restoration, regarding funding responsibility to construct the east General
Aviation apron at the Florida Keys Marathon Airport
ITEM BACKGROUND: See attached memo.
PREVIOUS RELEVANT BOCC ACTION: On June 14,2000, Board approved a Lease
Agreement for Aircraft Mechanic Facilities at the Florida Keys Marathon Airport with Tony D' Aiuto
d/b/a Antique Aircraft Restorations. On March 21,2001, the Board approved to amend the original
lease to provide for a 180 day extension with appropriate provisions to address the environmental
compliance. On September 18, 2002, Board approved Amendment to Lease for a 180 day extension
to construct a maintenance hangar at the Florida Keys Marathon Airport.
CONTRACT/AGREEMENT CHANGES: The attached Amendment addresses their funding
responsibility for 5% of the project cost to construct the east GA apron at Antique Aircraft
Restorations leasehold.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $199,211.74
FAA (95%) $189,251.15
COST TO COUNTY: Tenant (5%) $9,960.59
BUDGETED: Yes No X
SOURCE OF FUNDS: FAA (95%)/Tenant (5%)
REVENUE PRODUCING: Yes
No
N/A
AMT MONTH
Year
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 8/06
HOUSING AND COMMUNITY DEVELOPMENT
FLORIDA KEYS MARATHON AIRPORT
James R. "Reggie" Paros, Director/Manager
9400 Overseas Highway, Suite 200
Marathon, FI. 33050
Telephone: (305) 289-6002/289-6060
Facsimile: (305) 289-6071
ADDITIONAL INFORMATION MEMO
TO:
Monroe County Board of County Commissioners
FROM:
James R. "Reggie" Paros, Director
Housing and Community Development
Florida Keys Marathon Airport Manager
SUBJECT:
Agenda Item: Approval of an Amendment to Lease Agreement with
Tony D' Aiuto, d/b/a Antique Aircraft Restoration, regarding funding
responsibility to construct the east General Aviation apron at the Florida
Keys Marathon Airport
DATE:
January 25, 2007
Sealed bids for the Public Aircraft Parking Aprons project at the Florida Keys Marathon
Airport were opened in the Purchasing Department on April 19, 2006. The project provides for the
construction of the east GA apron and the rehabilitation of the west GA apron. This project will be
funded 95% by the Federal Aviation Administration; the additional 5% will be paid by the respective
tenants.
The attached Amendment to Lease Agreement with Antique Aircraft Restorations addresses
their funding responsibility to construct the east GA apron at Antique Aircraft Restorations. The total
amount of the project is $199,211.74; FAA will pay 95% of the project, in the amount of $189,251.15
and Antique Aircraft Restorations will be responsible for 5% of the project, in the amount of
$9,960.59.
JRP/sd
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Antique Aircraft Contract #
Restorations Effective Date: upon approval
Expiration Date: June 30, 2020
Contract Purpose/Description:
Amendment to Lease Agreement with Antique Aircraft Restorations regarding funding
responsibility to construct the east GA apron at Antique Aircraft Restorations. Total proiect
amount: $199,211.74
FAA - 95%: $189,251.15 - Antique Aircraft Restorations- 5%: $9,960.59
Contract Manager: James R. Paros 6060 Airport/15
-
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 2/21/07 Agenda Deadline: 2/06/07
COKTRi\CT COSTS
Total Dollar Value of Contract: $
199.211,74 Current Year POliion: $ 9,960.59
Budgeted? YesO No [Z]
Grant: $
County Match: $ n/a
Account Codes:
FAA C;.(~w4D~ - &3~~ G-A-mA 54
ADDITTONAL COSTS
Estimated Ongoing Costs: S_/)T For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, ete.)
COKTRACT REVIEVl
Changes ..----7
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Division Director ,...~o.., '\ esD ~ol1::r ~.. _-
Risk Manai\m~1- \-6.y01 YesD "100' /f 1 \ .37 ,!
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O.:rqr.B.lPurchasmg ~O., YesD No~. ~ r-"..-
County Attorney ...._ YesO No[Z] __:f..v1LV....,{ v-;\ IV-. ~
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Comments: ~f1'1!f is be.., ~p rxf 9~(J1" f+IIq. ~.
Date Out
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THIRD AMENDMENT TO LEASE AGREEMENT
TONY D'AIUTO d/b/a Antique Aircraft Restorations
THIS THIRD AMENDMENT (hereinafter "Amendment") is made and entered into this
day of , 2007, by and between MONROE COUNTY, a political
subdivision of the State of Florida (hereinafter "County"), and TONY D'AIUTO d/b/a Antique Aircraft
Restorations, (hereinafter Lessee or Tenant).
WITNESSETH
WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease agreement,
to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised
Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory
Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are
attached to this amendment and made a part of it; and
WHEREAS, the parties desire to construct a General Aviation (hereafter G.A.) apron upon
Lessee's currently leased property; and
and
WHEREAS, the County is willing to pay for 95 % using funding being provided by the F.A.A.;
and
WHEREAS, Antique Aircraft Restorations is willing to commit to funding the remaining 5% ;
WHEREAS, the County has entered into a contract for purposes of constructing a G.A. Apron
upon Lessee's currently leased property
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
1. The County and the Lessee agree that if F.A.A funds are used to construct a G.A. apron on the
Lessee's currently leased premises, Lessee shall be responsible for payment of 5% of the total project
costs.
2. The County agrees to pay for 95% of the all the construction costs of the G.A. apron as
approved by the F.A.A. and using F.A.A. funds. Payment applications will be processed through the
Airports Business office. Upon receipt of contractor's payment application, a copy will be provided to
Lessee. Lessee shall furnish a check for 5% of the application amount to the Business Office. The
Business Office will then forward the approved payment application, with the check from Lessee to the
County Finance Department for review and payment.
3. All change orders must be approved by the F.A.A. If the Lessee wishes to proceed with a
change order not approved by the F.A.A., then Lessee will be responsible for the entire cost of the
item.
4. Any costs which exceed funding provided by the original F .A.A. grant will be paid entirely by
the Lessee.
5. Upon completion, the G.A. apron shall become the property ofthe County.
6. In addition to paragraph 10 of the original agreement, the County may treat the Lessee in
default and terminate this amendment and the original June 14, 2000 1998 Lease Agreement if the
Lessee fails to timely submit the payments required of it under paragraph 1,2,3 and 4 of this
amendment. Before the County may terminate the Agreement under this paragraph, the County must
give the Lessee written notice of the default stating that, if the default is not cured within 10 days of
the Lessee's receipt of the written notice, then the County will terminate this Agreement. The
termination of this Agreement does not relieve the Lessee from an obligation to pay whatever damage
the County suffered because of the Lessee's default.
'. All other provisions of the June 14, 2000 original lease, not inconsistent herewith, shall remain
in full force and effect.
IN WITNESS WHEREOF, each party has caused this Amendment to Lease Agreement to be
executed by its duly authorized representative.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
ATTEST:
TONY D'ATIJTO d/b/a
Antique Aircraft Restorations
YBY ~___ r
I," r. ;l'L/
By
Title
2
LEASE AGREEML,~T FOR AIRCRA! . MECHANIC FALILmES
---- '-~
MARA.THON AIRPORT
/djA~
THIS LEASE AGREEMENT is made and entered into on the /./_ day of
-,hi:,!; I 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, a political subdivision of the State of Florida, whose address is
Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter County,
Owner or Lessor, and TONY D'AIUTO, an individual, d/b/a Antique Aircraft Restorations,
hereafter Lessee or Tenant.
WHEREAS, the owners of various small private aircraft at the Florida Keys
Marathon Airport (FKMAP), have requested that additional airplane mechanic services be
made available at the FKMAP;
WHEREAS, the FAA Advisory Circular entitled Exclusive Rights An"! Revised
Minimum Standards For Commercial Aeronautical Activities dated AprP th?' I 200~
cQtltemplates the provision of the airplane mechanic services authorizp-rI h\J IS ease,
;:Inri
WHEREAS, the County's Revised Standards for Commercial Aeronautical Activities,
adopted by the County Commission on August 1, 1990, also contemplates the provision
of the airplane mechanic services contemplated by this lease as long as certain capital
improvements are made to the leasehold; now, therefore,
\
WIT N E SSE T H:
IN CONSIDERATION of the mutual consideration and promises set forth below, the
parties agree as follows:
'.
1. a) The County leases to Lessee an undeveloped parcel of land at the
FKMAP approximately 100' by 250', hereafter the premises. The premises are depicted
on Exhibit A which is attached to this lease and made a part of it. The ingress and
egress to the premises are also depicted on Exhibit A but are not part of the .premises.
The County covenants to keep open such ingress/egress or to furnish the Lessee with
access approximately equal to that depicted on Exhibit A.
b) The Lessee may only use the premises for aircraft, engine, propeller
and accessory maintenance services described in subsection VI(D)(l) of the County's
Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to
this lease as Exhibit B and made a part of It. No additional services may be performed
by the Lessee without the consent of the Board of County Commissioners.
Notwithstanding Exhibit S, the Lessee acknowledges that all applicable provisions of the
County's Revised Standards are binding on the Lessee - whether or not attached and
incorporated by reference into this lease - and that the County's Board of County
Commissioners may amend or modify the Standards during the term of this lease and that
such amendments or modifications will be binding upon the Lessee.
2. a) The term of this lease is for twenty (20) years beginning on July 1, 2000
and ending on June 3D, 2020 unless terminated sooner as provided herein.
b) The rent is $7,500 per year ($.30 x 25,000 square feet = $7,500) or $625
per month. The rent may be paid annually or monthly. If the rent is paid annually, it must be
paid in advance on or before July 15t of each year commencing with July 1, 2000. If the rent
is paid monthly, it must be paid in advance on or before the first of each month commencing
with July 1, 2000. Beginning on July 1, 2001 and on the first of July for every year
thereafter, the annual rent (or each monthly payment) will be increased by the percentage in
the increase of the national CPI index for the previous calendar year. Alternatively, the rent
may be increased as provided in a rates and charges study prepared by an airport
consultant and adopted by the Board of County Commissioners. All rental payments owed
by the Lessee 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, FS, for the year in which the rental payment(s) became
overdue. The right of the Cou~ty to claim interest - and the obligation of the Lessee to pay it
- are in addition to, and not in lieu of, any other rights and remedies that the County may
have unqer this lease or that are provided by law.
c) The Lessee acknowledges that, notwithstanding the lease term provided
for in this paragraph and subparagraph 9(b), nothing in this lease creates any duty or
obligation on the part of the County to the Lessee, or to any third persons, to keep the
FKMAP open and operating. If the County elects to close the FKMAP and cease operations,
then this lease will automatically terminate with no liability whatsoever on the part of the
County to the Lessee or any third persons who may have a contractual or business
relationship with the Lessee. The Le~see will have the obligation to pay rent up to the date of
closure but will otherwise have no further duty or obligation under this lease. The Lessee
may also remove any fIXtures and improvements to the premises that would otherwise
become the property of the County under subparagraph 3(b). This subparagraph 2(c) will
survive the automatic termination of this lease if the FKMAP is closed.
3. a) By June 30, 2002, the Lessee must have built, and obtained a certificate
of occupancy for, the facilities required by subsection VI(D)(4) of the County's Revised
Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease
and incorporated as Exhibit B. In order to assure that the facilities are, in faCf,Tmely
completed, the Lessee must adhere to the following construction schedule:
1) By December 31, 2000, a complete application (complete as determined
by the Monroe County Planning Department) for a conditional use must be filed \yith
the Monroe County Planning Department;
2) By June 30, 2001, all necessary permits must have been received and
facilities construction begun;
3) By June 30,<2002, the facilities must be complete, inspected and a
certificate of occupancy received.
The construction schedule set forth above are material terms and conditions of this
lease. The failure of the Lessee to meet the construction schedule - at any step - is a
material breach of this lease that entitles the County to terminate the lease under paragraph
10. The FKMAP Director may (but is under no obligation to do so) extend the construction
schedule dates because of circumstances beyond the control of the Lessee such as
hurricanes or other natural disasters.
2
b) At the end of the 20 year term of this lease, or if terminated sooner under
paragraphs 9 or 10, the facilities required by this paragraph will become the property of the
County without any payment due or owed the Lessee. During the term of this lease the
Lessee must keep the premises and facilities, including the time while the facilities are under
construction, free and clear of any liens or other encumbrances. If any lien or other
encumbrance is filed on the facilities or premises, the Lessee must immediately cause the
lien or encumbrance to be canceled and removed.
c} When the facilities are nearing completion the County will provide paving
from the taxiway to the premises' boundary line. The County is under no other obligation to
furnish paving at the premises unless state or federal grant money becomes available Jor
sucf:t paving and the Lessee is willing to pay any matching funds needed to obtain the grant.
d) All utility s~rvices to the facilities are the responsibility of the Lessee.
4.. During the first two years of this lease while the facilities required in paragraph
3 are under construction, the Lessee may provide the services described in subparagraph
1 (b) from a mobile' vehicle or on other parcels at the FKMAP where the Lessee has. the
permission of the tenant(s). The authorization provided by this paragraph 4 is temporary and
terminates on June 30, 2002, unless the construction schedule for facilities has been
extended by the FKMAP Director.
5. During the term of this lease the Lessee must keep in full force and effect the
insurance required in Exhibit C. Exhibit C is attached to this lease and incorporated and
made a part of it.
\
6. a) The Tenant for himself, his personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and
agree that (1) no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or be otherwise subjected to
discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over or under such land and the furnishing of services thereon, no
person on the grounds of race, color, or national' origin shall be excludecrTTOm
participation in, denied the benefits of, or be otherwise subjected to discrimination, (3)
that the Tenant shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
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.
b) That in the event of breach of any of the above nondiscrimination
covenants, Owner shall have the right to terminate the lease and to re-enter and as if
said lease had never been made or issued. The provision shall not be effective until the
procedures of Title 49, Code of Federal Regulations, part 21 are followed and completed
including exercise or expiration of appeal rights..
c) It shall be a condition of this lease, that the Lessor 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
3
described together with the rigrn. 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.
d) That the Tenant expressly agrees for itself, its successor:: and
assigns, to restrict the height of structures, objects of natural growth ann other
obstructions on the hereinafter described real property to such a heiaht so ~c:: tn comply
with F=pdpr:=ll Avi;:;tinn Reaulations. Part 77.
e) That the Lessee expressly agrees for itself, its successors and assigns
to prevent any use of the hereinafter described real property which would interfere wJth
or aaversely affect the operation or maintenance of the airport, or otherwise constitute
an airport hazard.
f) This lease 'and all provisions hereof are subject and subordinate to
the terms and conditions of the instruments and documents under which the Airport
Owner acquired the subject property from the United states of America and shall be
given only such effect as will not conflict or be inconsistent with the terms and conditi~ns
contained in the lease of such lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations
which have been, or may hereafter be adopted by the Owner pertaining to the FKMAP.
g) Notwithstanding anything herein contained that may be or appear to
be, . to the contrary, it is expressly understood and agreed that the rights granted under
this agreement are nonexclusive and the Lessor herein reserves the right to grant similar
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7. The privileges and rights granted Lessee under this lease are non-exclusive.
The County reserves the right to enter into leases with other lessees to provide the same or
similar services at FKMAP.
8. The Lessee may terminate the lease without cause upon giving the County at
least 60 days written notice. If the facilities are complete, they will automatically becofne"the
property of the County on the termination date; if incomplete, the facilities remain Lessee's
property and the Lessee will cause them to be removed at his own cost before the
termination date.
9. a) The Lessee may not assign this lease or sublease the premises without
the approval of the County's Board of County Commissioners.
b) The Lessee may terminate this lease based on the failure of the County
to perform a duty or obligation required of it under the lease by sending written notice to the
County specifying the failure and giving the County at least twenty days from the County's
receipt of the notice to correct the failure. If the County does not timely correct its failure to
perform, then the Lessee may terminate this lease by sending written notification to the
County of the termination. A waiver by the Lessee of an act of the County's failure to perform
does not constitute a waiver of subsequent failures and does not prevent the Lessee from
SUbsequently terminating this lease for cause. --
4
10. The County may \wrminate this lease based on the Lessee's failure to perform
its duties and obligations under this lease by sending a written notice to the Lessee
specifying the failure and giving the Lessee at least ten days to correct the failure. If the
Lessee does not timely correct its failure to perform then the County may terminate this lease
for cause by sending the Lessee written notification of the termination. The County's waiver
of the Lessee's failure to perform its duties and obligations under this lease does not
constitute a waiver of subsequent failures and does not prevent the County from
roo. ,.....""..... ,,,,,...+1\1 torrninl:ltinn t"'i~ IOl:l~O fnl" "'l:lII~O
11. All written notices required under this lease must be sent certified mail, return
receipt requested, to the following:
- Lessee
Tony D'Aiuto, d/b/a
Antique Aircraft Restorations
7500 Gulfstream Blvd. '
Marathon, FL 33050
Lessor
Monroe County
Florida Keys Marathon Airport
9400 Overseas Highway
Marathon, FL 33050
12. Both parties have read and reviewed this lease agreement. Therefore, this
agreement is not to be construed against any party on the basis of authorship.
13. This lease agreement is governed by the laws of the State of Florida and the
United States. Venue for any litigation arising under this lease agreement must be in a
court of competent jurisdiction in Monroe County, Florida.
14. This written lease represents the parties final mutual agreement and
supersedes any prior agreements, whether written or oral. This lease agreement may
onl~ odified by a written amendment signed by both parties.
_uOUl\r'rp:
~':f':, J "'l ~';c:~C' WHEREOF, the parties hereto have executprf t-hi... 1,..--... .,nl"p,:o".,""..... ....-
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lIt, II BOARD OF COUNTY COMMISSIONERS
~~ ~ /{ 1\:.... L. l(OLHAGE, CLFRK OF MONROE COUNTY, FLORIDA -~-
l~-~j+<--"" BLcS'~r-F~ _
f''=!r! Itli" Clerk Mayor/Chairperson
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ATTEST:
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ANTIQUE AIRCRAFT RESTORATIONS
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AMENDMENT TO LEASE AGREEMENT
TONY D' AIUTO d/b/a Antique Aircraft Restorations
THIS AMENDMENT is made and entered into this 18th
2002, by and between Monroe County, hereafter County, and
Aircraft Restorations, Lessee or Tenant.
day of September
TONY D'AIUTO d/b/a Antique
WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease
agreement, to allow lessee to construct facilities required by subsection VI(D)(4) of the
County's Revised Standards for Commercial Aeronautical Activities for Aircraft, Engine,
Propellor, and Accessory Maintenance Services at the Marathon Airport, hereafter original
lease. Copies of the original lease are attached to this amendment and made a part of it; and
WHEREAS, the parties desire to amend original agreement; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties
agree as follows;
1. Paragraph 3. a) of the original agreement is amended to read:
3. a) By December 31, 2002, the lessee must have built, and obtained a
certificate of occupancy for, the facilities required by subsection VI(D)(4) of the
County's Revised Standards for Commercial Aeronautical Activities, a copy of
which is attached to the original lease and incorporated as Exhibit B of the
original lease. In order to assure that the facilities are, in fact, timely completed,
the Lessee must adhere to the following construction schedule:
1) By June 30, 2001, a complete application (complete as determined
by the Monroe County Planning Department) for a condi,"ional use must be filed
with the Monroe County Planning Department;
2) By December 31, 2001, all necessary pfi~i1mits must have been
received and facilities construction begun;
3) By December 31, 2002, the facilities must be complete, inspected
and a certificate of occupancy received.
The construction schedule set forth above are material terms and conditions of
this lease. The failure of the Lessee to meet the construction schedule - at any
step - is a material breach of this lease that entitles the County to terminate the
lease under paragraph 10. The FKMAP Director may (but is under no obligation to
do so) extend the construction schedule dates because of circumstances beyond
the control of the Lessee such as hurricanes or other natural disasters.
2. Paragraph 4 of the original agreement is amended to read:
4. During the first two years and six months of this lease, while the facilities
required in paragraph 3 are under construction, the Lessee may provide the services described
in subparagraph 1 (b) from a mobile vehicle or on other parcels at the FKMAP where the Lessee
has the permission of the tenant(s). The authorization provided by this paragraph 4 is
temporary and terminates on December 31, 2002, unless the construction schedule for facilities
has been extended by the FKMAP Director.
3. The Lessee will perform all maintenance in accordance with the Federal
Environmental Protection Agency (EPA), the Florida Department of Environmental Protection
(DEP) Regulations and Monroe County Marathon Airports National Pollution Discharge
Elimination System permit and Storm Water Pollution Prevention Plan utilizing Best Management
Practices. Copies of Regulations, Permits, Plans and Practice materials may be obtained at the
Airport Administration Office
4. Except as set forth in this amendment to the original lease agreement in all other
respects the terms and conditions of the original agreement remain in full force and effect.
/~/:~. ~?~;K',;,~:!~~,~~.:;~'~.::,"~.' .~.-~.: :.
,~<~;,:?:,?~~:~:'f~:;;cIfJ-;"Wt:TNESS WHEREOF, each party has caused this Agreement to be executed by its
~,l;~~'~(tiZ)dr~resentat;ve.
\;;~~i~~~NY~,~=:~:ERK
-"-~ 'Deputy Ckrk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COU TY, FLORIDA
By
Mayor~Chairm"n
ATTEST:
TONY D I AIUTO d/b/a
Antique Aircraft Restorations
--
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AMENDMENT TO LEASE AGREEMENT
TONY D'AIUTO d/b/a Antique Aircraft Restorations
THIS AMENDMENT is made and entered into this 19th day of February , 2003,
by and between Monroe County, hereafter County, and TONY D'AIUTO d/b/a Antique Aircraft
Restorations, Lessee or Tenant.
WHEREAS, on the 14th day of June, 2000, the parties entered into a 20 year lease agreement,
to allow lessee to construct facilities required by subsection VI(D)(4) of the County's Revised
Standards for Commercial Aeronautical Activities for Aircraft, Engine, Propellor, and Accessory
Maintenance Services at the Marathon Airport, hereafter original lease. Copies of the original lease are
::J.ttached to this amenrlmpnt and m:lCip a part of it and
WHEREAS, on the 18th day of September, 2002, the County approved a 180 day extension to
construct a maintenance hanger at the Florida Keys Marathon Airport; and
WHEREAS, the Lessee has determined that a second extension of an additional 180 days is
required in order to finish the construction of the maintenance hangar; now, therefore,
IN CONSIDERA nON of the mutual promises and covenants set forth below, the parties agree
as follows:
1. Paragraph 3. a) of the original agreement is amended to read:
3) By June 30, 2003, the facilities must be complete, inspected and a certificate of
occupancy received.
2. Except as set forth in the amendment to the original lease agreement dated September
18, 2002, in all other respects the terms and conditions of the original agreement, as previously
amended, rpmain in full force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative.
(SEAL)
ATTEST: ,~~~. ~OLHAr' CLERK
" ~.. vL_~-
By: I ({ / ~
\J Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
L))~ >n ~
By:
Mayor/Chairman
ATTEST:
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Title: _ C' ~_" ,~f~___~ ::~
/-~ ...j .~.....'
TONY D'AIUTO d/b/a
Antique ~Restorations
By: --
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