05th Amendment 03/17/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 29, 2004
TO:
Reggie Paros, Director
Public Safety Division
Florida Keys Marathon Airport
ATTN:
FROM:
Stacy DeVane, Executive Assistant
Public Safety Division
Pamela G. Hanc~
Deputy Clerk
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Amendment to Lease Agreement between Monroe
County and Grantair Service, Inc., Fixed Based Operator (FBO), at the Florida Keys Marathon
Airport. The amendment primarily substitutes another parcel of land, 240' X 105', abutting the
west side of Grant air's current leased area for one in a previous amendment that was 100' X 150'
abutting the southeast side of their current leased area.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator w/o document
County Attorney
Finance
File ./
AMENDMENT TO LEASE AGREEMENT
GRANTAIR SERVICE, INC.
THIS AMENDMENT is made and entered into this 17th day of
March , 2004, by and between Monroe County, hereafter County, and
GRANTAIR SERVICE, INC., hereafter FBO.
WHEREAS, on the 10th day of April, 1998, the parties entered into a 20 year lease
(the original lease), which was amended on June 21, 2001, September 19, 2001, and
July 17, 2002, to provide Fixed Base Operations at the Marathon Airport; and
WHEREAS, each of the previous amendments have been determined to contain
scrivener's errors and other inconsistencies; and
WHEREAS, the parties desire to amend the original lease, as amended previously;
now, therefore,
IN CONSIDERATION of the mutual promises and covenants set forth below, the
parties agree as follows:
1. This amendment rescinds the July 17, 2002, the September 19, 2001, the June
21, 2001 and the September 18, 2002 lease amendments between Monroe County and
Grantair Service, Inc. in their entirety.
2. Paragraph 1) of the original lease is amended by adding the subparagraph:
a) The County leases to the FBO an additional 240' x 105' real property
abutting the west side of their current leased area as described in Exhibit Ala. Exhibit
Ala is attached to, and made a part of, this lease amendment. This 240' x 105' real
property may be used for the site of a County approved newly constructed hangar,
aircraft tiedowns and aviation activity only.
The new hangar and/or other improvements are to be built at th'= sole cost and
expense of the FBO. Any improvements made by the FBO to the real property
automatically become the property of the County upon the termination of this lease.
However, Federal Aviation Administration (FAA) and/or Florida r)epartment of
Transportation (FOOT) funds may become available for improvement construction. In
that case, if FAA and/or FOOT funds are used to construct improvements, then the FBO
must provide an irrevocable letter of credit in the amount equal to its estimated share of
the improvement before the COu.rty awards the contract for such improvements and
before any public funds are provided. The County shall be allowed to draw on the letter
of credit if necessary to pay for the FBO's share of the construction costs. The County
agrees to pay the applicable percentage of the construction costs of the improvement
construction, as approved by the FAA and/or FDOT. Payment applications will be
processed through the County Airports Busi ness Office. Upon receipt of contractor's
payment application, a copy will be provided to the FBO. The FBO will furnish a check
for the required percentage amount (amount not paid by FAA and/or FOOT) to the
Business Office. The Business Office will then forward the approved payment
application, with the check from the FBO, to the County Finance Department for review
and payment. The term of this subparagraph a) leased real property shall run
concurrently with the 20 years lease (the original lease) the parties entered into on the
10th day of April, 1998.
The rent for this real property becomes due on April 1, 2005. This real property is
11. 7 cents per square foot per year, payable in advance, at $245.70 per month or
$2948.40 per year and subject to increase in amount as provided by the formula in the
original lease. If FAA and/or FOOT funds are utilized then the lease rate is 33.0 cents
per square foot per year, payable in advance on a per month or per year basis, and
subject to increase in amount as provided by the formula in the original lease.
3. Paragraph 1) of the original lease is amended by adding the subparagraph:
b) The County leases to the FBO an additional 240' x 200' real property
abutting the west side of their current leased ramp area as described in Exhibit A2.
Exhibit A2 is attached to, and made a part of, this lease amendment. This 240' x 200'
real property may be used for aircraft tiedown and taxiing only. The rampway extension
is to be built using FAA and Passenger Facility Charge (PFC) funds. If however, FAA
and/or PFC funds become unavailable, then the ramp extension shall be built at the sole
cost and expense of the FBO. The term of this subparagraph b) leased real property
begins on October 1, 2002 and ends on April 9, 2018. The rent for this real property
begins the first day the property receives a certificate of occupancy (CO). This real
property is 31.5 cents per square foot per year since FAA and/or PFC funds are being
utilized. The rent at 31.5 cents per square foot per year, payable in advance, is
$1,260.00 per month or $15,120.00 per year, and subject to increase in amount as
provided by the formula in the original lease. If FAA and/or PFC funds become
unavailable and the FBO improves the property at its sole cost and expense, then the
leased rate is 11.3 cents per square foot per year, payable in advance on a per month or
per year basis, and subject to increase in amount as provided by the formula in the
original lease.
2. Paragraph 4) of the original lease is amended by adding the subparagraph:
e) The County and the FBO agree that if FOOT funds are used to construct,
install and/or purchase a Jet A Fuel Facility on the currently leased premises the County
will receive from the FBO 6 cents per gallon of pumped fuel as described in the original
lease and/or Marathon Airport Minimum Standards. If no FOOT funding is utilized the
fuel flowage fee for Jet A fuel will be 4 cents per pumped gallon as per the original lease
and/or the Monroe County Airport Minimum Standards. Before the Jet A fuel facility can
be operated, the County must receive original Certificates of Insurance in the amounts
required by Risk Management as described in Exhibit A3, COl's to be attached as Exhibit
A4. In the case that FOOT funds are used in part to construct, install and/or purchase
the Jet A Fuel Facility, then the FBO must provide an irrevocable letter of credit in the
amount equal to its estimated share of the improvement before the County awards the
contract for such improvements and before any public funds are provided. The County
shall be allowed to draw on the letter of credit if necessary to pay for the FBO's share of
the construction, installation and/or purchase of the fuel facility. The County agrees to
pay one-half of the construction, installation and/or purchase costs of the Jet A Fuel
Facility, as approved by FOOT. Payment Applications will be processed through the
County Airports Business Office. Upon receipt of contractor's payment application, a
copy will be provided to the FBO. The FBO will furnish a check for one-half of the
application amount to the Business Office. The Business Office will then forward the
approved payment application, with the check from the FBO, to the County Finance
Department for review and payment. All Change Orders must be approved by FDOT. If
the FBO wishes to proceed with a Change Order not approved by FDOT, then the FBO
will be responsible for the entire cost of the item. If additional funding, above the
original amount of the FDOT grant, is not available then any costs incurred over the
amount of the original FDOT grant will be paid entirely by the FBO. The Jet A Fuel
Facility is County property upon completion.
5. All other provisions of the April 10, 1998 original lease, as previously
amended, not inconsistent herewith, shall remain in full force and effect.
:1N'iWITNESS WHEREOF, each party has caused this Amendment to Lease
~~\~~~~to be executed by its duly authorized representative.
~S~~~,)-) ,,: BOARD OF COUNTY COMMISSIONERS
A"tt~t':" 'l$Af9NY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BC}~ By ~or)c~-
ATTEST:
GRANTAIR ERVICES, INC.
I
By A1~?t.~
Title
By
Title
JAirMAPGrantairX4
c ,"'
L::: U") l.d ..:.t
c~ .. CJ ,
c...:.\ - u..
L;_I - ;~ f-': >=
c::: :i ._J U l-
e> .z
e:: :x::=~
0 en .uO
u.. C'IJ -J .u
0::: >-:c:w
Cl ....:c ;;:~C>
W x: ;z "::t::
-J ~ z
..::r 0
-- <=> C)
u. c:::> ,.
,......
MONROE COUNTY ATTORNEY
~RM
A > OLFE
D~~~~l:~~~,A~E~
3
Exhibit Ala
RSA
o
o
N
o
If)
N
'It.~~~..I._1
X-X-X_x_~.:
--------------
, 0.:, -'
l.
)
~
j
lli S~ (Vl
~ //'0 ~'" ~ /
/, "f~~/I
/ ~ j / II
~
/~
r
) /~~~
/ / EXP)
ill
\
+
N
A 1..
E '/. h-, '0-, ~
(
---
Lt:c.. ~cl ~ re..c,
w/7
P.O.C-
,."o.s. ~ent '""'--
WTHC .
N-, 42C'2i.Qll ~
E-~1J_71 -,
Dew. .uo
'\
~o.
'"
\ G
",'-N
~'<
s.
D.
SURVEYOR'S NOTES:
Narth arrow based on NAD 83 (1990) State Plane Coordinate System
Reference 8et1ring: NAn 83 (1990) Statlt Plane Coordinatlt System
~., denotes existinq ele1CptII19't
Elevations based on N:c. V.tt. 1929 Datum
Bench Marle No.: -_ Elevation:
JoIonumentation:
.. - set Spike or P.I<. Nail, as noted J.907 (dltstroyed)
S.. set 1/2- Iron pipit, P.LS. No. 2749
. "" found 1 /2- iron pipe
Abbf'l'tiatfons:
S~. _ Story o/h 0:2 Overhead
R W- Right-of-Way u/ 9 ::a Underground
f;;J. - Found F.FL- Finish Floor Elevction
p. - Plat canc. = concrete
m. - Measured
O.R. ::z OffIcial Records ~ ::z 8aseline
SltC. ::a Section C.B. ... Concrete Block
Twp. ::a Township C.B.S.... Concrete Block Stucco
Rge. ::a Range cov'd. - Covered
N:r.S. _ Not to Scale DE - Pull Bex
It - C4nterline E1 octriccl
EIsv. 0:2 Elevation OE= Electrical Man Hole
8.1'.4. ::a Sench Mark
EXHIBIT
A3
1996 Edition
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIRE~IENT
FOR
CONTRACT
13 ET\VEEN
~10NROE 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 th~
life of the contract, Airport L'iability and Hangarkeepers ~~gal Liability Insurance naming the
Monroe County Board of County Commissioners as Addltlonal Insured.
The minimum r"imit.s 'of liability shall bc S5 million..
Thc FBO shall ;1[SO purchasc Non-owned Aircraft Liability Insurance with minimum limits of
$5,000,000 per Occurrencc.
Modified by Risk Management 2/5/98
/', I If; I : : I J .! r _ ~ ~ t I I: I f I 1 . ,11 1 ). 1 : I ' : I
c.
POLLUTION LIABILITY
INSURANCE REQ UlRE~fENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
j',''10 L'-.;I\'UII
.,...... '
.,
. ,
Recognizing that the work governed by this contract involves the storage, treatment, processing
or transporting of hazardous materials (as defined by the Federal Environmental Protection '
A.ge~~y), the FEO shall purchase and maintai~J ~~:JUghout the life of the contract, Pollution
LIability Insurance which will respond to boddy injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits of liability shall be:
$ I ,000,000 per Occurrence/$2,000,OOO Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (~)
years will be required.
Modified by Risk Management 2/5/98
(\,11111111'.11.>11'111 I ".1111\'111111
,'.: }.:', .
EXHIBIT
A4
----
~--
CERTIFICATE OF' INSURANCE
C~RTIFICA TE DATE: 04/1012002 CERTIFICATE NU~IBER: 02-0:iPF.T
CERTIFICATE HOLDER: POLICYHOLDER:
Monroe County Boa.rd of Cot.:nty Commissicnc:r3
its employees & omcials
S 100 Colle~e ROJ.d
Ke>' West, FL 33040
GrOlnti:1ir Service. 11lC.
81100 Ovcnc:1s Hl~r.W:.J)'
Marathon. FL 33050
I .woO.
n" IS 10 ccrtify thullhc:: lbllowin:; pOlicY(Si. subJ.;.;t iG 1111: lcrms. ccmlitiwm. limital.ions ;mt1 <.:ntJllrSl:n1l:nt~ e0l1t~lnc(1 (herdn. ~l1d dllr;II1: their ei'lcuiv., 1Je""d. I\~,~ b~"n
is:uc::l by tile cOIT'pany(s) indiQt<:u belllw. In 1I,c event C'I'm~[erial ch.1nGc or c~necll~rlo;' cfsald poliC)/(I). the cumr>any will L"ndeavor to notily (!,~ CCT1IfiC;lIC hulcer. but
:i1ilure to do so .,holl inmost no Iinbili~.or oblig:>t;un ur any kind L1m,n me undcr<i5"cJ nr the C<llt\pn~(s) '~~:~ _ .__ ......
Policy Typ~:
Insur:lnCI:: Company:
Policy Number:
Policy Period:
OTHER
Florida Petroleum liability Insurlnce Program
FPL 7511949
Novemb:r 17, 200 I to NQv<:mt::cr 17. 200'2
PETROLEUM/POLLUTlON LIABILITY
Deductible:
5 I.COO.COO Each OCC'JI.renc~ i $2.000,000 A!;gr;:g-Jcl:
5j,000 E:lch C1::.im
TlIF. FOREDCINC ~VID",';C;: OF COVI::J?AGE rs ,VOT VERB,ln\.( OF POLICY CQ'y D17ICJ'.IS, Li,\,(JTA 1~'ON.\' 01-1 !.rI.'iGUAGr.; rHE POLlCY(S,) RCf'IIt.'.l"/;'.\TUJ
BYTII1.S CERTIJ-"ICATE ARr, NOT AMF:,vDE:D IS ANY W.1 r UNLESS so ST,IT2D C.V ,HiS CER7'JFlCATI':,
ADDITIONAL AGREElYfENTS:
Additional Insured
Monroe County Board of County Commissioners its emptoyees & ullici:l15 i5 included::1.<; :lI'\
Additional Insured fer LiJ.bi lity Coverages, but solely with respect to operation~ of the Named
Insured. subject to all policy term~ und condilion~.
NfA ~YES
~1\'~
CcP,' lf~
~~Cn~Vl.c
AP.
BY
DATE
WA!VER
NOTIce OF CANC2!I:.~J:lp~: rN TIiF. EVT;NT OF M^TF.:RJAL CII,\NCrr CH. C_\NC!;'.L^TION OF SAID f'()LICY(:;;\. iHT: COMr'ANYIS) SIIALI. 1:.'JDli,\VOK
TO GIVE JO Oil. YS WRrrrr.N l'IoncF. TO THF. C'ERTrFIC 11. TF. HOLDF.R \VITI! T11 E f2;(CEI'TlON Of' A Ie !)J\ Y NOTICE FOR. 'iON.Pi\. YMC,T or- I'r<c.M It 1\1
AviaTion [nsur<lnce Agency, Inc.
90 I S.W. Milrtin Downs 8oul<:vard
P.O. Box 2260, Palm City, FL 34991 , J~ ~
www.avninS.cam ; <.,1J
Tc!epnone (7i2) 286~626 - Facsimile (772) 286-1108
-J'. A"';"i~'"'' )
~
,.-
CERTIF11CA TE OF INSURANCE
CERTIFICATE DAIE: 04/09/1001 CERTfFICATE NUl\-IBER: 02-0:WC
CERTIFICATE HOLDER: IPOLICYHOLDER:
Monroe County Board ofCoumy Cornmissio'H;rs Grnnlair $~rvice, Inc.
its ~mployees & offici;)l~ S800 O\'cr~c::!$ Highw;\y
5100 College Road Ivlarilthcn. FL 33050
Key West, FL 33040
--
nlis is Hl cenil'y ct1ne tne lollowin:; poli9(S). .uhlcee to tlle I.'r"'.'. <ond'li('\nl. I imll'li"n~ ond cndun<:men~' cnnl~iIlC<..l Uwr~tn. ~"J durin:; th~" .ffecll.. pcrio~, hu,c been
1..lued hy the comp:ll~') mdl.;:Jlcdbdow. In the ,went ot' m.1teri,,1 chon;;c '" .;n11~cllallun or s;lId pollCJ'(~). lh~ c:lmp:1nY w,i J cn,l<:O\'OI 10 nULi tY the eMlli':OlC ')Older bu.
(alJu:c to du sn,h,1I impose nc IlIb':IlY ~' .:>bli;:;ction t-! ~y boo "IX'" 'he un<.lcrsrr.ned U~._111C C()n\n:1J'~L') In~o!:~cd, __ '_ __ ~ '_
Pi'llky Type: WORJ(COMP
InSllranc:c Comp:lny: Employers In~urance ofW;:"u:;;JU
Policy Number; UMs5igned
Poli9 Pl!riod: April 10.200'2 to April 10. 21)().1
EMPLOYER'S LIr\B1LlTY . Sf BY ACCIDENT
EMPLOYERS L1AElt..rTV - Bf BY DISEASF.
S r ,000.000 E..ach Accident
$1.000.000 Each Employee 1:S l.000.000 Policy Limit
THE FQR.EC()/N() EYIOE,vC EO"" COVERAGE IS ,'vCT ilERlJ.-J TIM OF f'Q UC:Y CONDITIONS. L.?/IT..fT/ONS 0/1 !'_INC "'',Ie c, Tff.L: p.)UCY(S) 1'1:';"/1 f:::it.'.\':ru;
81' THIS C;':RTlFICJiG Ai<;': NOT AMENDP.IJ IN ..I NY 'VA:' (:.\'1.'~'::'0 SO IT/TED 0,'1 TNrs CEf..'7'lFIC,! rE. I
ADDITIONAL AGREEMENTS:
8'"
W,),IVEf1
N/A --C::'~:'.~S
O\O"C&;~
U1.. -,
t. I I
. I d:' (; r
. c...(. ,,---...;
'\ ~r. 1'1_..,;
~d~~((~'~
NOTICE: OF <:A~.~,!;,,~TJON: IN THI: ~VE!-il' OF MATF.RI^L CIV\NGE OR C'ANCr:LL...-\TiON 01: ~,\Il) I'OllCY(S). nil; COMPA"'Yl$i $IIALL l,;ro;m.1IiOlt
TO CIV\:: JO D.\ r~ WtllTI'F;N NOnC~: TO THT; CCKTlFIC\TT; ~IOI.Dl:R WITH THr'. I'X(:F.f>T10N N" ^ II) 0" Y NOTter: FOil. NON-i>^ YMF.NT 01' ftRI,MIUM
Aviation (nsurOlnce Agency, 1ne.
90[ S.W, Martin Downs l3ouJcn,d
P.O Box: 2260
Palm City, FL 34991
Tc:kphonc (.56 t) 286-0626 - Fac~irnile (:~6 I) 286.1103
7~
~_..-
lhcrir.cd ~ign"lur~
--
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may -
not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of36
months from the date of being placed on the convicted vendor list."
\
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETIHCS CLAUSE
CU' \ \ \ '\ ~ C" ~ l,-lo liv..
Warrants that he/it has not employed, retained
or otherwise had act on hislits behalf any fonner County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, tenninate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the fonner County officer or employee.
0~~
(si~tLure) .
.3 (g3.!O l-\
Date:
STATE OF
\=- \~( ~ C\0
\Y\~\\(O~
\
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned al:thority,
\}J \ \ \ " q en Gr~ ",v. E:.-~( \\"m who, after first being ,worn by me, affixed his/her
signature (name of individual signing) in the space provided above on this ~ r q day of
~,[ C"",, , )J1L.O::JLf
((hJ)~ t. \A ~/
NOT PUBLIC Y
My commission expires:
OMB - MCP FORM #4