06th Amendment 09/28/2005
,Clerk of De
Circll cOin
Danny L. Kolhage
(306) 292.3660 Office (306) 296.3663 Fax
Memorandum
To:
Peter Horton, Airports Director
Attn:
Bevette Moore j
Isabel C. DeSantis, ,
Deputy Clerk
From:
Date:
Monday, October 03, 2005
At the BOCC meeting of September 28, 2005 the Board approved the following:
Sixth Amendment to Lease Agreement with Grantair Service, Inc., Fixed Base
Operator (FBO), at Florida Keys Marathon Airport.
Attached is a fully executed duplicate original of the subject document for your
handling.
cc: County Attorney
Finance
v'File
SIXTH AMENDMENT TO MARATHON FIXED BASE OPERATOR CFBO) AGREEMENT
WITH GRANT AIR SERVICE, INe.
THIS SIXTH AMENDMENT (hereinafter "Amendment") to the Marathon Fixed Base
Operator (FBO) agreement (hereinafter "agreement") is made and entered into this 28th day of
September, 2005, by and between MONROE COUNTY, a political subdivision of the State of
Florida (hereinafter "County"), and GRANTAIR SERVICE, INC., a corporation ~ the StAte of;
Florida, (hereinafter "FBO" or "Grantair"). :: ;;;
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WITNESSETH ():" ~ I I . . i
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WHEREAS, on the 10th day of April, 1998, the parties entered into the Agree~tW iijr ~ri~
of twenty 20 years, which agreement was amended on June 21,2001, September 19~!, J~ 17,;
2002, September 18, 2002 and March 17, 2004 to provide Fixed Base Operations ~ th~;;Mf(.thQn
Airport; and .P Q_.
WHEREAS, the parties desire to extend the original term by an additional 10 years provided
that Grantair constructs a new corporate hangar; and
WHEREAS, pursuant to the Agreement, the County leased certain real property at the
Marathon Airport to Grantair and, pursuant to this amendment, leases additional property to Grantair,
all of which property is hereinafter called the "Leased Premises"; and
WHEREAS, Grantair desires to continue to lease the property described in the agreement and
this amendment;
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below,
the parties agree to amend the original lease as follows:
I. This amendment rescinds any and all prior amendments to the Agreement between the County
and Grantair in their entirety including those dated March 17, 2004, September 18, 2002, July 17,
2002, September 19, 2001, and June 21,2001.
2. Paragraph I) of the original lease is amended by adding the following paragraphs:
I. I) The County leases to the FBO an additional area of real property as described in exhibit
Ala, having the dimensions of 240' x lOS' and abutting the west side of the current leased area.
Exhibit Ala is attached and incorporated herein by reference. This 240' x 105' real property may be
used for the site of a County approved newly constructed 11,800(approximately) square foot corporate
hangar, aircraft tiedowns and aviation activity only.
The new 11,800 square foot corporate hangar and/or other improvements are to be built at the
sole cost and expense of the FBO. Any improvements, including the proposed new hangar, made by
the FBO to the Leased Premises automatically become the property of the County upon termination of
the Agreement with no compensation from the County to the FBO_
The rental payments by the FBO for the area described in exhibit Ala shall commence on April
1, 2005. Payment shall be based on the rate of Eleven and seven tenths cents ($.117) per square foot
per year, payable in advance, at Two Hundred Forty-five and 70/100 Dollars ($245.70) per month plus
applicable sales tax or Two Thousand Nine Hundred Forty-eight and 401100 Dollars ($2948.40) per
year plus applicable sales tax, subject to increase in amount as provided by the formula in the
agreement in paragraph 3d.
1.2) The County leases to the FBO an additional area of real property having the dimensions
of 240' x 235' and abutting the west side of the current leased ramp area as described in Exhibit A2.
Exhibit A2 is attached and incorporated herein by reference. This 240' x 235' real property shall be
used for aircraft tiedown and taxiing only. Possession of the real property described in exhibit A2
begins on October 1, 2002 and ends pursuant to paragraph 4. The rent for this real property begins the
ftrst day the property receives a certiftcate of occupancy (CO). Payment shall be based on the rate of
Thirty-three and one tenth cents ($.331) per square foot per year. Rent is payable in advance in the
amount of One Thousand Five Hundred Fifty-six and 43/100 Dollars ($1,556.43) per month plus
applicable sales tax or Eighteen Thousand Six Hundred Seventy Seven and 16/100 Dollars
($18,677.16) per year plus applicable sales tax, subject to an increase in amount as provided by the
formula in paragraph 3d of the Agreement.
3. Paragraph 3) of the original lease is amended by revising the following subparagraph to read as
follows:
c) Starting on the date that the FBO begins the sale of fuel, the FBO must pay the
County a 4 cents per gallon flowage fee for each gallon of Avgas fuel sold and a 6 cents per gallon
flowage fee for each gallon of Jet A fuel sold. By the tenth of each month the FBO must truthfully and
accurately report to the County the number of gallons sold and pay the county the fee due based on that
number. The FBO shall maintain all books, records, and documents directly pertinent to performance
under this agreement in accordance with generally accepted accounting principles consistently applied.
Each party to this agreement or their authorized representatives shall have reasonable and timely
access to such records of each other party to this agreement for public records purposes during the term
of the agreement and for four (4) years following the termination of this agreement. The County, acting
through its Finance Director or other authorized representative, shall have the right to inspect and audit
the FBO' s books of accounts and other records directly generated at the Florida Keys Marathon
Airport facility or otherwise pertaining to this agreement. Knowingly furnishing the County a false
statement of its monthly fuel flowage under the provision hereof will constitute a default by the FBO
of this agreement and the County may, at its option, declare this lease terminated. The FBO retains the
right to have its controller or a representative assigned by its controller to be present during any
inspection or audit by the County. Ten (10) business days notice must be given of intent to audit by the
County to allow the FBO's controller sufficient time to schedule the audit.
4. Paragraph 3) of the original lease is amended by revising the following subparagraph to read as
follows:
d) Subject to the provisions of paragraph 3g) the rent will be adjusted annually on the
anniversary of the effective date of this agreement by the greater of the amount recommended in an
approved rates and charges study or by the percentage in increase in the CPI (U.S. Department of
Commerce price index for all urban consumers) during the year prior to the anniversary date.
5. Paragraph 3) of the original lease is amended by adding the following subparagraphs:
g) Beginning with the April 2018 monthly rental cycle, all improvements on the leasehold,
except for the newly constructed corporate hangar, shall be appraised at fair market rental rate. The
appraised fair market rental rate shall then become the rental rate for the leasehold. Thereafter, the rent
will be adjusted annually pursuant to paragraph 3d).
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h) NONPAYMENT OF ANY PORTION OF THE RENT WILL BE DEEMED TO BE A
DEFAULT AND THE COUNTY MAY TERMINATE THE AGREEMENT PURSUANT TO
PARAGRAPH 19.
6. Paragraph 4) ofthe original lease is amended by adding the following subparagraphs;
a) The term of this agreement shall be extended an additional 10 years and terminate on April
9, 2028 if Grantair completes construction and obtains a Certificate of Occupancy for an
11,800(approximately) square foot hangar prior to April 9,2008.
b) If Grantair does not complete construction or does not obtain a Certificate of Occupancy by
April 9,2008 the original term will remain in force and this lease shall terminate on April 9,2018.
7. Paragraph 10) of the original lease is amended by revising the following paragraph to read as
follows:
10) Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, Grantair shall defend, indemnify and hold the County and the County's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action,
(ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to
any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any
costs or expenses (including, without limitation, costs of remediation and costs of additional security
measures that the Federal Aviation Administration, the Transportation Security Administration or any
other governmental agency requires by reason of, or in connection with a violation of any federal law
or regulation, attorney's fees and costs, court costs, fines and penalties) that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with,
(A) any activity of Grantair or any of its employees, agents, contractors or other invitees during the
term of this lease, (B) the negligence or willful misconduct of Grant air or any of its employees, agents,
contractors or other invitees, or (C) Grantair's default in respect of any of the obligations that it
undertakes under the terms of this lease, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions
of the County or any of its employees, agents, contractors or invitees (other than Grantair). Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this Section will survive the expiration of the
term of this lease or any earlier termination of this lease.
8. Paragraph 12) of the original lease is amended by revising the following subparagraph to read
as follows:
b) The FBO must keep in full force and effect the insurance described in Exhibit E during
the term of this agreement. If the insurance policies originally purchased which meet the requirements
of Exhibit E are cancelled, terminated or reduced in coverage then the FBO must immediately
substitute complying policies so that no gap in coverage occurs.
9. Paragraph 15) of the original lease is amended by revising the following subparagraph to read
as follows:
c) That the FBO shall use the premises in compliance with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination on the basis
of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681-1683, and 1685 -1686), which prohibits discrimination on the basis of sex; 3) Section
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504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975; as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (pL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VITI of the Civil
Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may
be amended from time to time, relating to nondiscrimination based of disability; 10) Secs. 13-101, et
seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability,
national origin, ancestry, sexual orientation, gender identify or expression, familial status or age; 11)
Any other nondiscrimination provisions in any Federal or State statutes which may apply to the parties
to, or the subject matter of, this agreement. The FBO expressly understands that upon a determination
by a court of competent jurisdiction that the FBO has discriminated against any person, this agreement
automatically terminates without any further action on the part of any party, effective the date of the
Court order.
10. Paragraph 20) of the original lease is amended by deleting subparagraph f) and the language
immediately following subparagraph f) in its entirety.
11. Paragraph 20) of the original lease is amended by adding the following language immediately
after subparagraph e):
The grounds for the FBO' s termination of this agreement as stated in subparagraphs
20(a)-(e) create no basis for any County liability to the FBO and cannot serve to create any obligation
on the part of the county to pay money to the FBO.
12. Paragraph 26) of the original lease is amended by revising the paragraph to read as follows:
26) a) This agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this agreement, the County and Grantair agree that venue will lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida.
b) The County and Grantair agree that, in the event of conflicting interpretations of the
terms or a term of this agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
c) If any term, covenant, condition or provision of this agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a
court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision
of this agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless
the enforcement of the remaining terms, covenants, conditions and provisions of this agreement would
prevent the accomplishment of the original intent of this agreement. The County and Grantair agree to
reform the agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
4
d) The County and Grantair agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative
and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's
fees, court costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation
proceedings initiated and conducted pursuant to this agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe
County.
13. The original lease is amended by adding the following paragraphs:
31) Grantair has the right during the term hereof, at its own expense, at any time from time
to time, to install, maintain, operate, repair and replace any and all trade fixtures and other Airport
personal property useful from time to time in connection with its operation on the Airport, all of which
shall be and remain the property of Grantair and may be removed by Grantair prior to or within a
reasonable time after expiration of the term of this agreement~ provided, however, that Grantair shall
repair any damage to the premises caused by such removal. The failure to remove trade fixtures or
other personal property shall not constitute Grantair a hold over, but all such property not removed
within ten (10) days after Grantair receives a written demand for such removal shall be deemed
abandoned and thereupon shall become the sole property of the Airport.
32) Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and corporate
action, as required by law.
33) The FBO and the County agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state funds to further the purpose of this Agreement~ provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party prior
to submission.
34) The FBO and the County agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues
shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law. This paragraph does not apply
where a default has occurred under the provisions of this agreement.
35) In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, the FBO and the
County agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision of the
services under this Agreement. The FBO and the County specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
36) The FBO and the County covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that the only interest of each is to perform and receive benefits as recited in this
Agreement.
5
37) The County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
38) The County and the FBO warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall
have the right to terminate this Agreement without liability and, at its discretion, to offset from monies
owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
39) The County and the FBO shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes, and made or received by the County and the FBO in
conjunction with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by the FBO.
40) Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
County and the FBO in this Agreement, and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by
the County be required to contain any provision for waiver.
41) All of the privileges and immunities from liability, exemptions from laws, ordinances,
and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to
the activity of officers, agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits of the County
shall apply to the same degree and extent to the performance of such functions and duties of such
officers, agents, volunteers, or employees outside the territorial limits of the County.
42) This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the County, except to the extent permitted by the Florida constitution, state statute,
and case law.
43) No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the County and the Contractor agree that neither the
County nor the Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
6
44) The FBO agrees to execute such documents as the County may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement.
45) No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her individual
capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on
this Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
46) This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by singing any such counterpart.
47) The Federal Transportation Security Administration is the federal agency primarily
responsible for overseeing the security measures utilized by the airport owner pursuant to the relevant
provisions of Chapter 49, United States Code, and regulations adopted under the authority of the Code,
including but not limited to 49 CFR 1540, et seq. Violations of the statutes or regulations may result in
severe civil monetary penalties being assessed against the airport operator. It is the intent of the airport
operator that the burdens and consequences of any security violations imposed upon the airport
operator as a result of actions by an airport tenant or the airport tenant's employees, agents, invitees, or
licensees shall be borne by the airport tenant.
a) Airport Tenant Defined. An airport tenant means any person, entity, organization,
partnership, corporation, or other legal association that has an agreement with the airport operator to
conduct business on airport property. The term also includes an airport tenant as defined in 49 CFR
1540.5. Each signatory to this agreement, other than the airport operator, is an airport tenant.
b) Airport Operator Defined. As used in this agreement, airport operator means Monroe
County, Florida, its elected and appointed officers, and its employees.
c) Airport Property Defined. Airport property shall mean the property owned or leased by,
or being lawfully used by, the airport operator for civil aviation and airport-related purposes. For
purposes of this agreement, airport property is the property generally referred to as the Key West
International Airport, the Florida Keys Marathon Airport, or both as may be set forth in this agreement.
d) The airport tenant agrees to allow Transportation Security Administration (TSA)
authorized personnel, at any time or any place, to make inspections or tests, including copying records,
to determine compliance of the airport operator or airport tenant with the applicable security
requirements of Chapter 49, United States Code, and 49 CFR 1540, et seq.
e) The airport tenant agrees to become familiar, to the extent permitted by the airport
operator, with the Airport Security Program promulgated by the airport operator and approved by TSA,
and also agrees to conform its' operations and business activities to the requirements of the Airport
Security Program.
f) If permitted under TSA regulations, the airport tenant may voluntarily undertake to
maintain an Airport Tenant Security Program as referred to in 49 CFR 1542.113. If the airport tenant
voluntarily promulgates an Airport Tenant Security Program that is approved by TSA, such program,
7
as may be amended and approved from time to time, shall be automatically incorporated into this
agreement.
g) Should TSA determine that the airport tenant or one or more of the airport tenant's
employees, agents, invitees, or licensees has committed an act or omitted to act as required, and such
act or omission is a violation which results in TSA imposing a civil penalty against the airport operator
in accordance with TSA's Enforcement Sanction Guidance Policy, such determination and imposition
ofa civil penalty by TSA shall be considered a significant breach of this agreement.
(1) Minimum Violation. If the violation is the first or second violation attributed to the airport
tenant and is a civil penalty "minimum violation" as provided for in TSA's Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
mitigating, compromising, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures. If the violation is a third violation, or
there are multiple violations in excess of two violations, that is or are a civil penalty "minimum
violation," the airport tenant shall pay to the airport operator the total costs incurred by the airport
operator, including any fines or penalties imposed, in investigating, defending, compromising,
mitigating, or taking of remedial measures as may be agreed to by TSA, to include but not be limited
to reasonable attorney's fees and costs incurred in the investigation, defense, compromising,
mitigation, or taking of remedial action measures; and, further, the airport operator shall have the right
to unilaterally cancel this agreement, such cancellation to be effective thirty (30) calendar days after
receipt by the airport tenant of written notice of cancellation of this agreement by the airport operator.
(2) Moderate Violation. If the violation is the first or second violation attributed to the airport
tenant and is a civil penalty "moderate violation" as provided for in TSA's Enforcement Sanction
Guidance Policy, the airport tenant may cure the breach by paying to the airport operator the total costs
incurred by the airport operator, including any fines or penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation, defense,
compromising, mitigation, or taking of remedial action measures; and, further, the airport tenant may
cause all of airport tenant's employees involved in the airport tenant's business operations on the
airport property to undergo such security training as may be required by the airport operator. The total
cost of the training shall be paid for by the airport tenant. If the violation is a third violation, or there
are multiple violations in excess of two violations, that is or are a civil penalty "moderate violation,"
the airport tenant shall pay to the airport operator the total costs incurred by the airport operator,
including any fines or penalties imposed, in investigating, defending, compromising, mitigating, or
taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, compromising, mitigation, or taking of
remedial action measures; and, further, the airport operator shall have the right to unilaterally cancel
this agreement, such cancellation to be effective thirty (30) calendar days after receipt by the airport
tenant of written notice of cancellation of this agreement by the airport operator.
(3) Maximum Violation. If the violation is the first violation attributed to the airport tenant and
is a civil penalty "maximum violation" as provided for in TSA's Enforcement Sanction Guidance
Policy, the airport tenant may cure the breach by paying to the airport operator the total costs incurred
by the airport operator, including any fines and penalties imposed, in investigating, defending,
compromising, mitigating, or taking of remedial measures as may be agreed to by TSA, to include but
not be limited to reasonable attorney's fees and costs incurred in the investigation, defense,
8
compromising, mitigation, or taking of remedial action measures~ and, further, the airport tenant may
cause all of airport tenant's employees involved in the airport tenant's business operations on the
airport property to undergo such security training as may be required by the airport operator. The total
cost of the training shall be paid for by the airport tenant. If the violation is a second violation, or there
are multiple violations, that is or are a civil penalty "maximum violation," the airport tenant shall pay
to the airport operator the total costs incurred by the airport operator, including any fines or penalties
imposed, in investigating, defending, compromising, mitigating, or taking of remedial measures as
may be agreed to by TSA, to include but not be limited to reasonable attorney's fees and costs incurred
in the investigation, defense, compromising, mitigation, or taking of remedial action measures~ and,
further, the airport operator shall have the right to unilaterally cancel this agreement, such cancellation
to be effective thirty (30) calendar days after receipt by the airport tenant of written notice of
cancellation ofthis agreement by the airport operator.
(4) Mitigation of Breach. TSA has a policy of forgoing civil penalty actions when the airport
operator detects violations, promptly discloses the violations to TSA, and takes prompt corrective
action to ensure that the same or similar violations do not recur. This policy is known as the TSA
Voluntary Disclosure Program Policy, and is designed to encourage compliance with TSA regulations,
foster secure practices, and encourage the development of internal evaluation programs. The airport
tenant agrees that upon detecting a violation the airport tenant will immediately report it to the airport
operator. Should the TSA ultimately determine that the violation was committed by the airport tenant,
or an employee, agent, invitee, or licensee of the airport tenant, but the violation should result in the
issuance of a letter of correction in lieu of a civil penalty, then the airport tenant shall reimburse the
airport operator the total costs incurred by the airport operator in investigating, defending, mitigating,
or taking of remedial measures as may be agreed to by TSA, to include but not be limited to reasonable
attorney's fees and costs incurred in the investigation, defense, mitigation, or taking of remedial action
measures. A violation resulting in the issuance of a letter of correction shall not be considered to be a
breach of this agreement by the airport tenant.
(5) This subsection shall survive the cancellation or termination of this agreement, and shall
be in full force and effect.
14. All other provisions of the April 10, 1998 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 dulya~thorized representative.
(SEAL) .... .. ..1.
A'l:'TEST: D~:t. KOLHAGE, CLERK
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By ..o;~e;~ty~~
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor/Chairman
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SURVEYOR'S NOTES:
Narth orrt)w bosed on NAO 83 (1990) State Plane Coordinate System
Reference Bearing: NAO 83 (1990) State Plane Coordinate System
:J'denotas existing ele'<P.t1qq"t
E1avations bosed an N:c. v:rr. 1929 Datum
Bench t.lark No.: " Elevation:
Uonumentation:
A - set Spike or P.K. Nail, as noted .1.907 6:lelltroyed)
S - set 1/2- Iron pipe, PLS. No. 2749
. D found 1/2- iron pipe
Abbrwtatloru:
S~. - Story o/n a Overhead
R W- RIght-of-Way ul g :a Underground
fd. - Found F.FL - Finish Floor E1evotion
p. - Plat conc.= concrete
m. - t.leasured
O.R. ~ OHlcial Records Ii! ~ BaseHn"
S~. "" S.ction C.B. =a Concrete Block
Twp. "" Township C.B.S.=- Concrete Block stucco
Rge. "" Range coy' d.- Covered
N:T.S.- Not to Scale DE - Electrical Pull Box
( - Canterfine
E1sv. '" Elevation OE= Electrical Man Hole
B.M. :a Bench Mark
1996 Edition
ALL RISK PROPERTY
INSURANCE REQUIREMENTS
FOR
LEASES/RENTALS OF
COUNTY -OWNED PROPERTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the Organization/Individual taking possession ofthe property governed by this
lease/rental agreement, the Organization/Individual shall obtain All Risk Property Insurance (to
include the perils of Flood and Wind) with limits no less than the Replacement Cost Value ofthe
property leased or rented. Coverage shall be maintained throughout the life ofthe LeaselRental
Agreement and include, as a minimum, liability coverage fur:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
The Monroe County Board of County Commissioners shall be named as Additional Insured and
Loss Payee on all policies issued to satisfY the above requirements.
Administration Instruction
#4709.3
30
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
po ticies issued to satisfY the above requirements.
VL3
Administration Instruction
#4709.3
8S
1996 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
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
Agency), the Contractor shall purchase and maintain, throughout the life ofthe contract, Pollution
Liability Insurance which will respond to bodily injury, property damage, and environmental
damage caused by a pollution incident.
The minimum limits ofliability shall be:
$1,000,000 per Occurrence/$2,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years will be required.
POL2
Administration Instruction
#4709.3
75
1996 Edition
AIRPORT LIABILITY
AND
HANGARKEEPERS LEGAL LIABILITY
INSURANCE REQUIREMENT
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the repair, servicing, maintenance,
fueling, or storage of aircraft, the Contractor will be required to purchase and maintain,
throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance
naming the Monroe County Board of County Commissioners as Additional Insured.
The minimum limits of liability shall be $5 million.
FBO shall also purchase non-owned Aircraft Liability Insurance with minimum limits of$5 million
per occurrence.
HKL4
Administration Instruction
#4709.3
66
1996 Edition
AIRCRAFT LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the providing of aerial services,
normally classified as uhra-hazardous activities, the Contractor shall purchase and maintain,
throughout the life ofthe contract, Aircraft Liability Insurance specifically stating that the policy
will respond to crop dusting, banner towing, air shows, aerial inspection. or aerial photography,
or any other activity specified in the contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured.
The minimum limits ofliability shall be $5 million per occurrence.
AIRl
Administration Instruction
#4709.3
38
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
Ifthe Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
WC2
Administmtion Instruction
#4709.3
91