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Home My WebLink About6. 12/05/2024 Memorandum of Lease GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 20, 2024 TO: Pedro Mercado, Assistant County Attorney Abra Campo, Contract Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: November 19, 2024 BOCC Meeting The below item has been executed and added to the Official Record: K5 Memorandum of Lease for Marathon Aviation Associates and the Memorandum of Lease for Coast FBO to be held in escrow by the County Attorney's Office pending the final review, editing and approval by the County Attorney or his designee of the documents. K6 Consent, Non-disturbance and Attornment Agreement for Coast FBO and the Consent, Non-disturbance and Attornment Agreement for Marathon Aviation Associates to be held in escrow by the County Attorney's Office pending the final review, editing and approval by the County Attorney or his designee of the documents. Should you have any questions please feel free to contact me at(305) 292-3550. cc: 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 Doc#2483190 Bk#3303 Pg#937 Electronically Recorded 12/11/2024 at 9:54 AM Pages 8 Filed and Aecorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: S69.50 Deed Doc Stamp$0.00 - II I PREPARED BY AND AFTER r RECORDING RETURN TO: Katten Muchin Rosenman LLP . 1 50 Rockefeller Plaza. New York-,NY 10020 Attn:Michael S.McBride,Esq. i i This s xzce reserved or Recorder's use on1 . i MEMORANDUM OF LEASE ih THIS MEMORANDUM OF LEASE(this"Memorandum"),dated as of the day of December, 2024 ("Effective Date") is made by and between the COUNTY OF MONROE, a political subdivision of the State of Florida("County")and COAST FBO,LLC,a Florida limited liability company("FBO"). RECITALS A. Pursuant to that certain unrecorded Marathon Fixed Base Operator (FBO) Agreement of Lease, dated as of July 19, 2016, between County and FBO, as amended by that certain First Amendment, dated December 19, 2018 and further amended by that certain Second Amendment, dated as of July 21, 2021 and further amended by that certain Third Amendment, dated as of December 13, 2023 (as so amended, and as the same may be further amended and modified the "Lease"), Landlord has agreed to lease to Tenant, and Tenant has agreed to lease from Landlord, the land more particularly described on Exhibit A (the "Land'"'), together with all buildings and improvements now or hereafter located thereon,as more particularly set forth in the Lease(together with Land,the"Premises"). B. County and FBO desire to provide notice to third parties that the Premises is subject to the Lease and Tenant's rights thereunder. NOW, THEREFORE, for and in consideration of the rents reserved and the covenants and conditions set forth in the Lease, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, County and FBO do hereby agree as follows: 1. Defmitions. Capitalized terms used herein which are not otherwise defined herein shall have the respective meanings ascribed to them in the Lease. 301731322 Doc.#2483190 Page Number: 2 of 8 I i 2. Lease of the Premises. County leases to FBO, and FBO leases from Landlord,the Premises for the term and upon the terms,covenants and conditions contained in the Lease. 3. Term of Lease. The term of the Lease commenced on July 19, 2016 and terminates on April 5, 2041,unless FBO qualifies for an extension to May 31, 2055 pursuant to Section 5(b) of the Lease as such term is more particularly described in the Lease,unless sooner terminated in accordance with the terms of the Lease. 4. Purpose. The parties acknowledge that this Memorandum does not contain all of the terms, covenants or provisions of the Lease but is only intended to provide notice by virtue of being recorded with the Clerk of the Circuit Court of Monroe County,Florida. The Lease shall control and govern with respect to any conflict between the terms or provisions herein set forth and those in the Lease. 5. Binding Effect. The terms and provisions of this Memorandum shall be binding upon and shall inure to the benefit of the respective successors and assigns of County and FBO. 6. Counterparts. This Memorandum may be executed in any number of counterparts,each of which shall be deemed an original,but all of which when taken together shall constitute one and the same instrument. a [SIGNATURES ON FOLLOWING PAGE] i .I 2 301731322 Doc.#2483190 Page Number: 3 of 8 _.... _. ___ i IN WITNESS WHEREOF, the parties have hereunto set their hands under seal on the day and year first above written. ;A " MONROE COUNTY BOARD VIN MADOK, �L y'r�,r NROE COUNTY,FLORIDA OF COUNTY COMMISSIONERS ta r � s —%* !g 1 1 a Dep ty Cler k yor James K.Scholl MO COUNTY Af -Y pEpRp J EREy CAADO ASSIS ►t�d f i�iY f 5 f I f i 1 3 301731322 F Doc.#2483190 Page Number:4 of 8 I I i I I FBO: I ! COAST FBO,LLC, a Florida limited liability, 5 company By:REW Investments,Inc.,its Manager y:Ro er E. ..�. .. g Woolsey President and Chief Executive Officer I I STATE OF TEXAS COUNTY OF HARRIS Subscribed and sworn to(or affirmed)before me,by means of physical presence or❑ online notarization,on Novembeblf (date)by Roger E.Woolsey(name of affiant),as President and Chief Executive Officer of REW Investmen ,Inc., a Texas corporation,for Coast FBO, LLC,a Florida limited liability-company. He i4 personally known to me or❑has produced type of identification)as identification. 2o; rP LAURA WILL1AMs4N' MY COMMISSION EXPIRES 07/22/202.5 OF NOTARY ID:1253659" ARY PUBLIC f I "s i Y F 9 I - i d I I ;1 301731322 c Doc.#2483190 Page Number: 5 of 8 Exhibit A COAST FBO LEASE PREMISES a I - i I! I 6 �I �F J. F i I _ 1 i? i E I I '7 �I 302121744 Doc.#2483190 Page Number: 6 of 8 ------- - LEASE AREA-"C"(COAST FBO, LLC) A parcel of land lying within Section 1,Township 66 South,Range 32 East,Key Vaca (Marathon), Monroe County,Florida,being more particularly described as follows: COMMENCING at the Southwest corner of Lot One(1)of SCHMITT SUBDIVISION,according to the Plat thereof,as recorded in Plat Book 1, page 151 of the Public Records of Monroe County,State of Florida, thence N67*19'49"E along the Southerly boundary line of said Lot One(1)and the Northeasterly extension thereof,the said Southerly boundary line and Northeasterly extension thereof also being the Northerly Right-Of-Way line of Old State Road 4A,for a distance of 5,493.13 feet to a point;thence N22*40'11"W and leaving said Northerly Right-Of-Way line of Old State Road 4A,for a distance of 56.'62 feet to a point,said point being the Point of Beginning of the parcel of land hereinafter described; thence N22*40'11"W for a distance of 156.40 feet to a point;thence N67'19'49 E for a distance of 150.60 feet to a point;thence S22'40'11"E for a distance of 156.40 feet to a point on the Northerly said Northerly Right-Of-Way line of thence S67'19'49"W along Right-Of-Way line of Old State Road 4A, Old State Road 4A,for a distance of 150.60 feet back to the Point of Beginning.Said parcel of land contains 23,553.84 Square Feet or 0.54 Acres,more or less. I. 302121543 Doc.#2483190 Page Number_ 7 of 8 -- _----- -- -------------- LEASE AREA-"D"(COAST FBO,LLC) k A parcel of land lying within Sectionl,Township 66 South, Range 32 East,and Section 6,Township 66 'i South, Range 33 East,Key Vaca(.Marathon),Monroe County, Florida,being more particularly described as follows: II COMMENCING at the Southeast corner of lands described in Official Records Book 1023, Page 186 of the Public Records of Monroe County,State of Florida,said point being the intersection of the East boundary line of Government Lot 2 of said Section 6,Township 66 South, Range 33 East,the said East boundary line also being the West Right-of-Way line of 107th Street(AKA Industrial Avenue),and the Northerly Right-of-Way line of Old State Road 4A,said point being 116.00 feet as measured at right angles from the Survey Baseline of U.S. Highway 1;thence S77°19'57"W along said Northerly Right-of- Way line of Old State Road 4A for a distance of 855.82 feet to a Point of Curvature(PC);thence continuing along said Northerly Right-of=Way line of Old State Road 4A on a curve to the left having a radius of 2,983.79 feet,a central angle of 09032'48",a chord bearing of S72033'14"W,for an arc length of 497.16 feet to a point,said point being the Point of Beginning of the parcel of land hereinafter described;thence continuing along said Northerly Right-of-Way line of Old State Road 4A on a curve to the left having a radius of 2,983.79 feet,a central angle of 00°26'42",a chord bearing of S67"33'28"W, for an arc length of 23.18 feet to a Point of Tangency(PT);thence S67"19'49"W continuing along said Northerly Right-of-Way line of Old State Road 4A for a distance of 1,476.82 feet to a point;thence N22"40'11"W and leaving said Northerly Right-Of-Way line of.Old State Road 4A,for a distance of 251.60 feet to a point,thence N67°19'49"E for a distance of 1,500.00 feet to a point;thence_S22"40'11"E fora f y distance of 251.69 feet back to the Point of Beginning. Said parcel of land contains 377,400.72 Square Feet or 8.66 Acres,more or less. PI �i 1 _i .i 302121543 Doc.#2483190 Page Number: 8 of 8 __ _ .. I LEASE AREA-"E"(COAST FBO, LLC) j A parcel of land lying within Section 6,Township 66 South, Range 33 East,Key Vaca(Marathon), Monroe County,Florida,being more particularly described as follows: COMMENCING at the Southeast corner of lands described in-Official Records Book 1023,Page 186 of the Public Records of Monroe County,State of Florida,said point-being the intersection of the East boundary line of Government Lot 2 of said Section 6,Township 66 South,Range 33 East,said East boundary line also being the West Right-of-Way line of 107th Street(AKA Industrial Avenue),and the Northerly Right-of-Way line of Old State Road 4A,said point being 116.00 feet as measured at right angles from the Survey Baseline of U.S. Highway 1;thence S77°19'57"W along said Northerly Right-of- Way line of Old State Road 4A for a distance of 855.82 feet to a Point of Curvature(PC);thence continuing along said Northerly Right-of-Way line of Old State Road 4A on a curve to the left having a radius of 2,983.79 feet,a central angle of 01°33'10",a chord bearing of S76033'03"W,for an arc length of 80.87 feet to a point,said point being the Point of Beginning of the parcel of land hereinafter described;thence continuing along said Northerly Right-of--Way line of Old State Road 4A on a curve to the left having a radius of 2,983.79 feet,a central angle of 04°01'20",a chord bearing of S73°45'48"W, for an arc length of 209.46 feet to a point;thence N22'40'11"W and leaving said Northerly Right-Of- Way line of Old State Road 4A,for a distance of 260.48 feet to a point,thence N67°19'49"E for a ! a distance of 208.10 feet to a point;thence S22"40'11"E for a distance of 283.95 feet back to the Point of Beginning.Said parcel of land contains 56,391.03 Square Feet or 1.29 Acres,more or less. a i I jl '1 i 302121543 I