THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.
This action will amend the Lease Agreement with FDOT to reduce the leased property and clarify the maintenance and warranty obligations of the parties.
On December 6, 2011 (Item No. 46), the Board approved a 99 year Land Lease Agreement (FPID(s) 407704-1-94-01) between the County and FDOT to begin on January 1, 2012, and terminate on December 31, 2111. During construction of the South Runway at Broward County's Fort Lauderdale-Hollywood International Airport (“FLL”), the County required a 99 year Land Lease Agreement between the County and FDOT to modify exit connections from FLL to State Road (SR) 5/US-1.
The proposed First Amendment to the Lease Agreement between the County and FDOT redefines the boundaries of the Leased Property (Exhibit 2) by deleting in its entirety Exhibit A, the “Leased Property,” and replacing it with a new Exhibit A1, the “New Leased Property.” This became necessary because the County no longer needed the entirety of the Leased Property after completing construction of the South Runway.
The proposed First Amendment also clarifies what improvements are FDOT-owned property and what improvements are County-owned property, clarifies the maintenance responsibilities of each of the parties by attaching a maintenance matrix, and specifies the warranty obligations of the County. Approval of the proposed First Amendment will enable the release of phased FDOT grant funds related to the South Runway Expansion project.
The proposed First Amendment does not contain standard County terms and also authorizes the Director of Aviation to amend the exhibits of the Lease Agreement, subject to review as to legal sufficiency by the Office of the County Attorney.
The proposed First Amendment has been reviewed and approved as to form by the Office of the County Attorney.
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