Martin County

File #: 23-0469   
Type: Consent Status: Agenda Ready
In control: Board of County Commissioners
On agenda: 3/21/2023 Final action:
Title: APPROVAL OF SECOND AMENDMENT TO LEASE WITH APP STUART FBO, LLC, TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION OF THE LEASED PREMISES
Attachments: 1. MC - APP - Second Amendment to Lease.pdf, 2. REDLINE - Ex A - LD.pdf

PLACEMENT: Consent

TITLE:

title  

APPROVAL OF SECOND AMENDMENT TO LEASE WITH APP STUART FBO, LLC, TO CORRECT A SCRIVENER’S ERROR IN THE LEGAL DESCRIPTION OF THE LEASED PREMISES

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EXECUTIVE SUMMARY:

executive summary

This is a request for the Board to approve a Second Amendment to the Fifth Amendment and Complete Restatement of Agreement of Lease (“Second Amendment”) between Martin County and APP Stuart FBO, LLC (“APP”).  The purpose of the proposed Second Amendment is to correct a scrivener’s error in the legal description of the leased premises.

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DEPARTMENT: Airport                     

PREPARED BY:                      Name: Sam Carver                     

                     Title:                     Airport Manager                     

REQUESTED BY: APP Stuart FBO, LLC                                          

 

PRESET:               

PROCEDURES: None                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

1.                     Instrument Prepared by:                                          Martin County

                                                                                                         APP Stuart FBO, LLC

 

2.                     Parties to the Instrument:                                          Martin County

                                                                                                         APP Stuart FBO, LLC

 

3.                     Purpose:                                                                                                         To correct a minor scrivener’s error in the legal description

                                                                                                                              of the leased premises

4.                     New/Renewal/Modified:                                          New

 

5.                     Duration:                                                                                                         N/A

 

6.                     Benefits to Martin County:                                          To ensure accuracy of the legal description of the leased

                                                                                                                                                   premises                                                                                    

 

7.                     Costs to Martin County:                                                               None

 

On November 14, 2017, Martin County and Atlantic Aviation-Stuart LLC (“Atlantic”) entered into that certain Fifth Amendment and Complete Restatement of Agreement of Lease (the “Lease”) pursuant to which Martin County leased to Atlantic approximately nineteen (19) acres of real property located at the Martin County Airport / Witham Field.  The initial term of the Lease is thirty (30) years and may be renewed at the tenant’s option for one (1) additional term of ten (10) years, subject to the terms and conditions set forth in the Lease.  

 

On April 7, 2022, the Board approved the assignment of the Lease from Atlantic to APP

 

On November 15, 2022, the Board approved a First Amendment to Lease, whereby the parties agreed to extend the deadline for completing the proposed improvement plan to July 31, 2023.

 

The purpose of the Second Amendment is to correct a minor scrivener’s error in the legal description of the leased premises. A redlined version of the legal description showing the proposed correction is attached hereto.  The remainder of the Lease shall remain unchanged and in full force and effect.

 

ISSUES:

 

None

 

LEGAL SUFFICIENCY REVIEW:

 

This item has been reviewed for legal sufficiency to determine if it is consistent with applicable law, and in so doing, legal staff has identified risks and developed strategies for legal defensibility, as applicable.

 

RECOMMENDED ACTION:

 

RECOMMENDATION

Move that the Board approve the Second Amendment to the Fifth Amendment and Complete Restatement of Agreement of Lease between Martin County and APP Stuart FBO, LLC. 

 

ALTERNATIVE RECOMMENDATIONS

Pull this item from the Consent Agenda and direct staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

None

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

Budget Transfer / Amendment                      Chair Letter                                                               Contract / Agreement

Grant / Application                                          Notice          Ordinance                     Resolution

Other:                 

This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.