1st Amendment 07/17/2024 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: September 9, 2024
TO: Beth Leto, Airports
Business Manager, KWIA
FROM: Liz Yongue, Deputy Clerk
SUBJECT: July 17, 2024 BOCC Meeting
The following item has been executed and added to the record:
I5 1 st Amendment to Lease with L31-Iarris Technologies, Inc. for continued use of a
parcel of land at the Florida Keys Marathon International Airport for ADS-B radio equipment.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
FIRST AMENDMENT TO LEASE
THE FLORIDA KEYS MARATHON INTERNATIONAL AIRPORT,ADS-6 RADIO STATION SITE SV168-02
This First Amendment ("Amendment") is made by and between L3Harris Technologies, Inc.,
("Lessee") a Delaware corporation, acting solely and exclusively through its Surveillance and Automation
Solutions operating division, and Monroe County, ("Lessor") a political subdivision of the State of Florida.
This amendment is effective as of the date of the last signature below ("Effective Date").This Amendment
may refer to L3Harris and the Monroe County collectively as the "Parties," or individually as a "Party."
RECITALS
WHEREAS, the original ADS-B radio station site lease agreement ("Agreement") originally dated
16 April 2008 was between the Monroe County and ITT Corporation ("Original Lessee"); and
WHEREAS, Original Lessee merged with and into Harris Corporation effective as of December 31,
2015,and Harris Corporation changed its nameto L3 Harris Technologies, Inc.effective as of June 29, 2019;
and
WHEREAS, the ADS-B radio station site on the leased premises is an integral part of the FAA
National Airspace Systems (NAS); and
WHEREAS, the initial 18-year FAA contract term for ADS-B surveillance services with the Lessee
concludes at the end of GFY 2025 with such contract services thereafter being continued by FAA extension
to the current contract and/or continued under a new FAA contract; and
WHEREAS, Lessor and Lessee desire to amend the terms of the Agreement to update the point of
contact for Notice and to extend the term thereof and to otherwise modify the Agreement as expressly
provided herein to accommodate services beyond GFY2025 by removing the September 30, 2025
occupancy limitation and replacing it with a limitation based on the then-current FAA contract, thereby
providing assurance to the airport that the lease remains valid only if the lessee has an active contract
with the FAA that is supported by the leased premises.
NOW, THEREFORE, for and in consideration of the mutual promises herein contained, and for
other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged by
each Party hereto,the Parties mutually agree as follows:
1. PREMISES.Section 1 of the Agreement is deleted and replaced with the following:
The. Lessor hereby leases to Lessee a parcel of land located at the Florida Keys Marathon
International Airport, as described in Exhibit "A" attached hereto and incorporated herein.
The premises are leased to the Lessee for the sole purpose of constructing a 20x20 foot fenced
compound containing an ADS-B radio shelter equipment cabinet and an emergency power
propane generator with fuel tank set on concrete equipment pads, and a 50 foot high
monopole tower structure constructed of steel with a concrete foundation.
1
(a) Together with a right-of-way for ingress to and egress from the premises: a right-of-way
for establishing and maintaining electric power and telecommunication lines to the
premises; and unless herein described otherwise, to be by routes reasonably
determined and agreed bythe parties.
(b) And the right to make alterations to the premises to support the radio site equipment,after
concurrence by the Lessor as to the site design details prior to start of construction and
prior to any alterations during the life of this lease.
(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 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.
(d) That the Lessee expressly agrees for itself, its successors and assigns,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.
(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 with or adversely affect the
operation or maintenance of the airport, or otherwise constitute an airport hazard.
(f) At such time in the future as deemed necessary by the Lessor, the Lessor may enter and
construct airport improvements (runways, taxiways, extensions, associated lighting, etc.)
upon said premises provided notice is given to the Lessee at least 180 days prior to the start
of construction. Should such development become necessary,the Lessor agrees to pay all
costs associated with the protection or relocation of Lessees facilities to accommodate said
airport improvements.
(g) This lease and all provisions hereof are subject to any ordinances rules or regulation which
have been, or may hereafter, be adopted by the Airport Owner pertaining to the Florida Keys
Marathon International Airport.
2. RENEWAL. Section 5 of the Agreement is deleted and replaced with the following:
This lease may be renewed from year to year at the option of Lessee upon the terms and
conditions herein specified. Lessee's option shall be deemed exercised and the lease renewed
each year for one (1)year unless Lessee gives Lessor thirty(30) days written notice that it will
not exercise its option, before this lease or any renewal thereof expires; provided,that no
2
renewal thereof shall extend the period of occupancy of the premises beyond the term of the
then-current FAA contract supported by the use of the premises. The lessor may terminate this
agreement at the lessor's sole discretion upon 365 days written notice to lessee.
3. NOTICES. Section 12 of the Agreement is deleted and replaced with the following:
All notices/correspondences shall be in writing and:shall be addressed as follows(or to such other
address as either Party may designate from time to time by notice or correspondence to the
other).
TO LESSOR: The Florida Keys Marathon International Airport
9400 Overseas Highway,Suite 200
Marathon, FL 33050
Attn:Airport Manager
TO LESSEE: L3Harris Technologies, Inc.
Attn:Jennifer Banasik
2235 Monroe Street(5th floor),
Herndon,VA 20171.
B L3 Jennifer: anasik� harris.com.
4. All other terms and conditions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized officers or
representatives as o the date shown below.
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NROE COUNTY ATTORNEY Signature: oa.��.a�,,,.:z�a�
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Date :
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3
EXHIBIT "A" (1 of S)
G E 0 L I N E
SUPVEYING, INC;.
FAA TOWER CERTIFICATION
Date: February 08,2008
Re: Marathon Airport site Proposed Tower
Monroe County,Florida
I hereby certify that the fallowing Latitude and Longitude values for the center of the above-
referertced tower are accurate to within+/- 15 feet horizontally;and that the following*tower site
elevation is accurate to Within+(-3 feet vertically.
NAG 83
Latitude: 24°43'44.66"N.
Longitude: 81 a 02' 22.73"W.
NAD 27
Latitude: 24°43'43.15"N.
Longitude: 81°02'23.47"W.
Ground elevation at base of tower: 3.4 Feet NAVD88
4.8 Feet NGVD29
GeoLine Surveying,Inc.
u
David G.Short,P.S.M
Florida Professional Surveyor and Mapper
Certificate of Registration No. 5022
13430-A NW 104th Terrace•Alachua,Florida 32615*TO:386-418-0500•Far::386-462-9986•www.geolincinc.com
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