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Home My WebLink About4. 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#2483191'Bk#3303 Pg#945 Electronically Recorded 12/11/2024 at 9:54 AM Pages 7 Filed and Recorded in Official Records of MONROE COUNTY KEVIN MADOK ElectronicallyREC: S61.00 Deed Doc Stamp 50.00 PREPARED BY AND AFTER z' RECORDING RETURN TO: Katten Muchin Rosenman LLP 50 Rockefeller Plaza New York,-NY 10020 Attn:Michael S. McBride,Esq. i1 ,1 This s pace reserved for Recorder's use onl MEMORANDUM OF LEASE 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 MARATHON AVIATION G ASSOCIATES,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 November 1, 2020, between County and FBO, as amended by that certain First Amendment, dated July 21, 2021 and further amended by that certain Second t 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. Definitions. Capitalized terms used herein which are not otherwise defined herein shall have the respective meanings ascribed to them in the Lease. i ; 301569211 Doe.#2483191 Page Number: 2 of 7 a 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. Il 3. Term of Lease. The term of the Lease commenced on November 1, 2020 terminates on June 30, 2046,unless FBO qualifies for an extension to October 31,2054 in ' to Section 5(b)of the Lease as such term is more particularly described the Lease,unless sooner terminated in accordance with the terms of the Lease. 4. purpose. The parties acknowledge that this Memorandum does not contain �1 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. i 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. [SIGNATURES ON FOLLOWING PAGE] ' f G r I 4 i 2 i Doe.#2483191 Page Number:3 of 7 IN WITNESS WHEREOF, the parties have hereunto set their hands under seal on the I day and year first above written. KEVIN MADOK, MONROE COUNTY BOARD MONROE COUNTY,FLORIDA OF COUNTY COMMISSIONERS 00 � � ,n■/ B y:� � , a ��•; ep Clerk ayor James K.Scholl A MO E COUNTY TTU Nr.YAS PEORO J. RCfIDO Date 1 Z Zy i i 1 ! i i i i s s i 1 3 i Doe.#2483191 Page Number: 4 of 7 II )HBO: MARATHON AVIATION ASSOCIATES, LLC,a Florida limited liability company By:REW Investments,Inc.,its Manager BY: � Nanj,e Roger E.Woolsey Title: President and Chief Executive Officer I! i STATE OF TEXAS 'I COUNTY OF HARRIS I j I Subscribed and sworn to(or affirmed)before me,by means ofA physical presence or❑online notarization,on Novembea 2024(date)by Roger E.Woolsey(name of affiant),as President and Chief Executive Officer of REW Investments,Inc.,a Texas corporation,for Marathon Aviation Associates,LLC,a Florida limited liability company. He Kis personally known to me or❑has produced �,. _ (type of identification)as identification. a LA RA WILLIAMSkon - m M I* MY COMMISSIONiWIREg PUBLIC 07/22/2025 NOTARY ID:12&Wg" a I i 301569211 Doe.#2483191 Page Number:5 of 7 j I i a Exhibit A MARATHON AVIATION ASSOCIATES LEASE PREMISES r ;i 'I i J J I� S r =i =1 �I { :I 302121721 Doc.#2483191 Page Number: 6 of 7 LEASE AREA-"A"(MARATHON AVIATION ASSOCIATES, 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 the 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 1,656.65 feet to a point,said point being the Point of Beginning of the parcel of land hereinafter described;thence N22*.40'11"W and leaving said Northerly Right-Of-Way line of Old State Road 4A-for a distance of 257.00 feet to a point; thence N67'19'49"E for a distance of 606.00 feet to a point;thence S22*40'11"E for a distance of 257.00 feet to a point on the Northerly Right-Of-Way line of Old State Road 4A;thence S67*19'49"W along said Northerly Right-Of-Way line of Old State Road 4A,for a distance of 277.10 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 64.00 feet to a point;thence S67'19'49"W for a distance of 78.00 feet to a point;thence S22*40'11"E for a distance of 64.00 feet to a point on the Northerly Right-Of-Way line of Old State Road 4A;thence S67*19'49"W along said Northerly Right-Of-Way line of Old State Road 4A,for a distance of 250.90 feet back to the Point of Beginning.Said parcel of land contains 150,750.00 Square Feet or 3.46 Acres,more or less. 302121721 Doc.#2483191 Page Number: 7 of 7 1 I LEASE AREA-"B"(MARATHON AVIATION ASSOCIATES,LLC) I 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,fora distance of 2,823.43 feet to a point,said point being the Point of Beginning of the parcel of land hereinafter described;thence N22"40'11"Wand { leaving said Northerly Right-Of--Way line of Old State Road 4A;for a distance of 240.00 feet to a point; thence N67019'49"E for a distance of 1,050.70 feet to a point;thence S22040'11"E for a distance of 240,00 feet to a point on the Northerly Right-Of-Way line of Old State Road 4A;thence S67'19'49"W along said Northerly Right-Of--Way line of Old State Road 4A,for a distance of 1,050.70 feet back to the Point of Beginning.Said parcel of land contains 252,168.00 Square Feet or 5.79 Acres,more or less. i �l 'I J I I ti I ;i i 302121721