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CCAA-AB Agenda 10/01/2012A COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING OCTOBER 1, 2012 1:30 P.M. IMMOKALEE REGIONAL AIRPORT, 165 AIRPARK BOULEVARD, IMMOKALEE, FL 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER —1:00 PM — REGULAR SESSION 3. INTRODUCTIONS OF GUESTS 4. ADOPTION OF AGENDA 5. APPROVAL OF MINUTES — September 10, 2012 ...... ............................... 1 6. UPDATE /ACKNOWLEDGEMENT OF AIRPORT INFORMATION — No Advisory Board Action Required • Update on USDA Building at IMM 7. DIRECTOR'S REPORT —Advisory Board action requested • 1ACIP Update /Presentation and Advisory Board Acceptance /Approval .............. 4 • Recommendation that the BCC accept a grant offer from FDOT for $35,312 for the design, permitting and bidding of Runway 17 -35 pavement restoration at MKY...... 24 • Recommendation that the BCC accept a grant offer from FDOT for $39,642 for the design, permitting and bidding of Runway 9 -27 pavement restoration at IMM....... 25 • Recommendation that the BCC accept a supplement funds from FDOT in the amount of $6,121 for security system upgrades at MKY ......................... 26 • Recommendation that the BCC approve an Agreement for Air Expeditions, Inc. to assume the Marco Aviation Agreement ..... ............................... 27 • Recommendation that the BCC approve the First Amendment to Raven Air's (Island Hoppers) Sub -Lease Agreement ........ ............................... 42 • Executive Directors Performance Appraisal and 2012 -2013 Action Plan ............ 66 8. ELECTION OF OFFICERS .......................... .............................78 9. PUBLIC COMMENTS 10. NEXT MEETING — November 5, 2012 at the Marco Island Executive Airport 11. ADJOURNMENT r Meeting Minutes 1. 2. 3. 4. S. Collier County Airport Authority Advisory Board Meeting Marco Island Executive Airport 2005 Mainsail Drive, Naples, FL September 10, 2012 Pledge of Allegiance. Call to Order. Lloyd Byerhof, Chairman, called the Advisory Board Members Present: Lloyd Byerh4 Karl Geng and Frank Halas. f Staff: Chris Curry, Bob Tweedie, Thoma Others Present: See attached sign -in sh A quorum was onn Introduction of Guests. All to order at 1:00 p.m. Mein, Jim Murray, Dave Gardner, Mr. Klein seconded, and the WWrove the minutes for the September 10, 2012 the motion, and it passed by unanimous vote. he agenda are for informational purposes. No Advisory Board DBE Goals for ars 2013 -2015 Advisory Board m mbers were provided the Airport Authority's DBE goals for 2013 -2015, the process for establishing these goals was discussed. • Update on USDA Building Build Out The preconstruction meeting was held the end of August, and the Notice -to- Proceed (NTP) will be issued within the next several days. Construction will begin shortly after the NTP is issued. The Contractor anticipates completing the project in less than the contract of 105 days. 1of2 7. 8. 9. 10. 11. • Update on Runway Options at IMM The Executive Director and Airport Management met the FAA to discuss options for decoupling the runways. The Advisory Board discussed various options. FAA is looking to reduce the length and width of Runways at GA airports. A cost analysis is necessary on FAA funded projects for keeping current width and length versus removing asphalt and moving the lighting. Oil, Gas, and Mineral Rights Lease Update Interest has been expressed in drilling at IMM. Airports in the Gulf Coast region that are familiar with these types of lease arrangements hav en consulted, and the Authority plans to issue an RFP. Director's Report — Advisory Board action requ Advisory Board action is requested on items undeL Recommend that the BCC accept an 9 -27 Rehabilitation Design at IMM (� Mr. Klein made the amount of I Halas seconded, Recommend t 17 -35 at MKA Next Meeting. 565 for the Runway FAA Grant in � at IMM. Mr. of $635,625 for the Runway of $706,250) �mmend t o' t the BCC accept an FAA Grant in Runway 17 -35 at MKY and associated apron Bonded, and the motion passed unanimously. ed with charts depicting fuel sales for the month ended has been significant flight school activity at IMM. Debi Ming Supervisor, resigned in mid August. Board meeting is on Monday, October 1, 2012 at IMM. Adiournment. The meeting adjourned at 1:45 p.m. without objection. 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N J J m J a 0�Qp W C$ 6$ O LL a LL. a LL LL Q LL LL m LL j� m U- LL N LL f .2 a a F 2 a o o. 2 a L°- a CL o a �, a c c F RL 9 /C LO k k k � 2 2 k k k k % 2 J Ln 44 r 7 o � e 44 � _ _ # k cc � 2 k � � k k k � k E $ 2 2 E 2 $ $ ( CV A q R r- _ c o o � tm e 7 2 § z z j B c B ■ B B / ƒ t o Q § o U § I G §( k k_ % § k CD k t. E \ S q k R a § a a s / § U 12 FL A K k f /C -r �y t t� L d ,i t1 Sy 1�' �` Joint Automated Capital Improvement Program (3ACIP) What is the JACIP? Financial planning process supported by Web -based computer software. What is the purpose of the JACIP? Assist individual public airport sponsors, the Department of Transportation (DOT) and the Federal Aviation Administration with developing joint, long -term fiscal plans. The plans are maintained in the JACIP electronic database. Eligibility Requirements for FDOT Funding 1. An existing or proposed airport must have a local government sponsor. 2. The airport sponsor must be legally in control of airport developmental and operational management decisions. 3. The airport must be open for public use. 4. The airport must have a DOT approved Master Plan and Airport Layout Plan. wirport raster roan What is an Airport Master Plan? • Graphically displayed, long -term development of an airport • Documents the data and logic upon which the plan is based What is the purpose of an Airport Master Plan? • Provide guidelines for future airport development. • Satisfy demand in a financially feasible manner, while resolving aviation, environmental, and socioeconomic issues existing in a community • The FAA recommends that a Master Plan be completed or updated every five years or when an airport experiences unexpected, rapid growth in activity Airport Layout Plan (ALP) What is an Airport Layout Plan (ALP) • Report based on current physical conditions at an airport • Provides recommendations for future improvement projects What is the purpose of an Airport Layout Plan? • Define the current, short -term, and long -term needs of an airport • Provide a schedule for airport improvements that helps maintain the airport category and minimum standards and its projected demands Funding Allocations Florida Department of Transportation (FDOT) • 100% MOT • 80 %- FDOT /20% Sponsor • 50% FDOT /50% Sponsor Federal Aviation Administration (FAA) • 90% FAM 0% Sponsor /Other 2.5% to 10% Sponsor 2.5% to 10% FDOT �+ � r - �.. . �' -- .w "- .... u �- ,�, �r _ _ -- - a "+ ''" _ � �,- '•-� • � »w . o � `.�. • � ... _.. ' ,� 7 r,. ` � _� Everglades AirparK Top 5 Priorities 1. Replace Self Service AvGas Fueling Facility 2. Mitigation Maintenance and Monitoring 3. Final Design, Bid and Construction of South Taxiway 4. Environmental Assessment for Recon and Widening of Runway 15/34 5. Design, Permit, and Bid Runway Reconstruction and Widening. 0 .Ms to 00, _ 2 G' + -foot by 150 -foot runways SeiLservice 100 LL and Jet A fuel available 2417 +Ground transportation available + Attended 8:00 am — 5:00 pm daily } 36,000 annual estimated operations +Full- Service FBO Services . r.._ +ice + Passenger terminal + Pilots' lounge with satellite Weather + 1,382 Acres Courtesy vehicle Casino shuttle + Pilot shop Immokalee Regional Airport Top 5 Priorities 1. Design, Permit and Bid Rehabilitation of Runway 9127 2. Purchase Jet Re- fueler 3. Terminal Building Security Updates 4. Rehabilitate Runway 18/36 5. Rehabilitate Taxiway A (Design, Permit, Bid & Construct) 0 E_ Photo by Flc rida,Aaria rvi IIIG 1 022Q 1 - ' 27 marco isiana Executive wirport Top 5 Priorities 1. Mitigation Maintenance and Monitoring 2. Design, Bid and Rehabilitation of Runway 17/35 and North, Northwest Apron 3. Construction of Runway 17/35 Rehabilitation and North /Northwest Apron 4. Construct Self Service AvGas Fueling Facility 5. Amend Marco Shores PUD 90 P Closing Comments • Comments • Questions October 9, 2012 Agenda Item 16G 1 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement No. AQR24 with the Florida Department of Transportation to accept a grant offer for $35,312 for the design, permitting and bidding of Runway 17 -35 pavement restoration at the Marco Island Executive Airport, and approve associate budget amendments. OBJECTIVE: To prepare design plans and specifications and bid documents; permit; and bid the restoration of Runway 17 -35 and aircraft aprons at the Marco Island Executive Airport. CONSIDERATIONS: The BCC accepted a grant from the Federal Aviation Administration to fund ninety percent (90 %) of the design, permitting and bidding of Runway 17 -35 pavement restoration at the Marco Island Executive Airport on September 11, 2012, Agenda Item 16G2. At that time the Collier County Airport Authority (CCAA) indicated that it would request five percent (5 0/6) funding the Florida Department of Transportation (FDOT) for this project. The CCAA has received a grant offer from FDOT in the amount of $35,312 to fund five percent (5 0/6) of the project. Funding Source Federal Funding (FAA) State Funding (FDOT) Local Match TOTAL PROJECT COST Amount of Funding $635,625 $ 35,312 35,313 $706,250 FISCAL IMPACT: Budget Amendments are necessary to recognize this FDOT grant revenue for the project in the amount $35,312 in Fund 498 and reduce the local match by $35,312 in Fund 499. Budget Amendments are also need to reallocate $35,312 from Match Fund 499 back to Fund 496 — MKY Mitigation Maintenance & Monitoring, Project 50088. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires a majority vote for approval. - JAK RECOMMENDATION: That the Collier County Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement No. AQR24 with the Florida Department of Transportation to accept a grant offer for $35,312 for the design, permitting and bidding of Runway 17 -35 pavement restoration at the Marco Island Executive Airport, and approve associate budget amendments. Prepared by: Chris Curry, Executive Director, Collier County Airport Authority a? L/ October 9, 2012 Agenda Item 16G2 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement No. AQR22 with the Florida Department of Transportation to accept a grant offer for $39,642 for the design, permitting and bidding of Runway 9 -27 pavement restoration at the Immokalee Regional Airport, and approve associate budget amendments. OBJECTIVE: To prepare design plans and specifications and bid documents; permit; and bid the restoration of Runway 9 -27 at the Immokalee Regional Airport. CONSIDERATIONS: The BCC accepted a grant from the Federal Aviation Administration to fund ninety percent (90 %) of the design, permitting and bidding of Runway 9 -27 pavement restoration at the Immokalee Regional Airport on September 11, 2012, Agenda Item 14AL At that time the Collier County Airport Authority (CCAA) indicated that it would request five percent (5 %) funding the Florida Department of Transportation (FDOT) for this project. The CCAA has received a grant offer from FDOT in the amount of $39,642 to fund five percent (5 %) of the project. Funding Source Federal Funding (FAA) State Funding (FDOT) Local Match TOTAL PROJECT COST Amount of Funding $713,565 $ 39,642 39,643 $792,850 FISCAL IMPACT: Budget Amendments are necessary to recognize this FDOT grant revenue for the project in the amount $39,642 in Fund 498 and reduce the local match by $39,643 in Fund 499. Budget Amendments are also need to reallocate $39,642 from Match Fund 499 back to Immokalee Infrastructure Fund 497. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. - JAK RECOMMENDATION: That the Collier County Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution authorizing execution of Joint Participation Agreement No. AQR22 with the Florida Department of Transportation to accept a grant offer for $39,642 for the design, permitting and bidding of Runway 9 -27 pavement restoration at the Immokalee Regional Airport, and approve associate budget amendments. Prepared by: Chris Curry, Executive Director, Collier County Airport Authority 07 J50 October 9, 2012 Agenda Item 1663 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Supplemental Agreement One to Joint Participation Agreement No. AQ122 with the Florida Department of Transportation to provide additional funds in the amount of $6,121 for security system upgrades at the Marco Island Executive Airport, and approve associate budget amendments. OBJECTIVE: To accept additional funds from the Florida Department of Transportation (FDOT) in the amount of $6,121 for enhanced security system access control features at the Marco Island Executive Airport. CONSIDERATIONS: The BCC accepted grant from the FDOT to fund one hundred percent (100 %) of security system upgrades at the Marco Island Executive Airport on October 26, 2010, Agenda Item 16G1. Additional FDOT is available to provide enhanced "Code Blue" security access controls. The total cost to complete the security upgrades and provide enhanced access control is $7,652. FDOT will fund $6,121, eighty percent (80 %), of the additional security enhancements. The local match of $1,531 is available from Airport Authority Fund 495. Project Cost FDOT Funding Local Match Original Project Cost $60,000 $60,000 N/A Additional Enhancements 7,652 6,121 $1,531 TOTAL $67,652 $66,121 $1,531 A Budget Amendment is required to recognize FDOT funding, and to fund the local match requirement. FISCAL IMPACT: A budget amendment is necessary to increase grant proceeds and local matching funds in the MKY Security Upgrades Project 33135, Fund 498. The local match is available from in the Collier County Airport Authority Fund 495. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires a majority vote for approval. - JAK RECOMMENDATION: That the Collier County Board of County Commissioners approve and authorize the Chairman to execute the attached Resolution authorizing execution of Supplemental Agreement One to Joint Participation Agreement No. AQ122 with the Florida Department of Transportation to provide additional funds in the amount of $6,121 for security system upgrades at the Marco Island Executive Airport, and approve associate budget amendments. Prepared by: Chris Curry, Executive Director, Collier County Airport Authority EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Assumption Agreement with Air Expeditions, Inc. for facilities and space at the Marco Island Executive Airport to provide s ecialized aviation service operations. OBJECTIVE: To have Air Expeditions, Inc. assume the Concessionaire Agreement with Marco Aviation, Inc. for facilities and space at the Marco Island Executive Airport to provide specialized aviation service operations. CONSIDERATIONS: The Collier County Board of County Commissioners, acting in its capacity as the Airport Authority, approved a Concessionaire Agreement between the Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation Service Operations at the Marco Island Executive Airport on June 28, 2011, Agenda Item 16G2. Marco Aviation executed a purchase agreement to sell Marco Aviation to Mr. Robert Dellaert, president of Air Expeditions, Inc. on August 29, 2012, an anticipated closing date of November 30, 2012. Marco Aviation and Air Expeditions have existing agreement with Marco Aviation, e5 ennt to the Airport Authority's , 201 , to reflect the new ownership. Air Expeditions will accept and e t " s, uEies, benefits, and obligations of the Concessionaire under the Agr g lI existing and future obligations to pay and perform under the Agreement. o e up ents to, or modifications of, the Agreement are contemplated, except as express to The attached Assumption Agreement has been reviewed by the County Attorney's Office FISCAL IMPACT: There is no fiscal impact associated with the Executive Summary. The rents to be received are already accounted for in the Airport Authority's budget. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: [To be completed by the County Attorney's Of ce.] RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached Assumption Agreement with Air Expeditions, hie. for facilities and space at the Marco Island Executive to provide specialized aviation service operations. PREPARED BY: Chris Curry, Airport Authority Executive Director 04 r,4T�dN Mr. Robert Tweedie September 12, 2012 Collier County Airport Authority 2005 Mainsail Dr., Suite 1 Naples, FL 34114 Request to Amend Ownership of Marco Aviation — Lease Agreements with Collier County Dear Mr. Tweedie, I would like to Inform your office of my intention to sell Marco Aviationto Mr. Robert Dellaert, president of Air Expeditions, Inc. We have executed a purchase agreement on August 29, 2012 with anticipated closing date of November 30, 2012. We request an amendment to the existing lease agreements to reflect the new ownership to Mr. Dellaert on the effective date of December 1, 2012. Upon effective date, Mr. Dellaert will become the president/agent of Marco Aviation. Mr. Dellaert is a citizen of the United States and has been operating and managing a part 91.147 air tour company (Air Expeditions, Inc.) under a letter of authorization since January 2021. He has recently moved his base of operations from Page Field to Marco Island Executive. We look forward to working with you on this matter. This is an exciting time for both parties as we look forward to retirement and Mr. Dellaert taking on a new business venture. Please contact myself or Mr. Dellaert if you have any questions or require additional documentation. Sinc IV, Pe I Presi ent, Marco Aviation, Inc. rad — CCAA 01 c7r �� Robert Dellaert - Air Expeditions, Inc. - 8951 Bonita Beach Rd., STE 525 -410, Bonita Springs, FL 34135 Cell - 239,850 -3599 email- robertOFlyAirEx.com web site - www.FlyAirEx.com Mr. Robert Tweedie September 12, 2012 Collier County Airport Authority 2005 Mainsail Dr., Suite 1 Naples, FL 34114 Request to Operate from Marto Island Executive Airport Dear Mr. Tweedie, Air Expeditions, Inc. is a CFR 91.147 air tour operator with a FAA letter of authorization (LOA). Air Expeditions operates an amphibious seaplane from water accessible resorts (South Seas Island Resort, Tween Waters Inn), beaches (Bookelia) and waterfront resturants (Nav- A -Gator Grille) in De Soto and Lee County. I would like to be able to operate directly from Marco Island Executive and develop additional locations In Collier County. As you know I am currently working with the Villard's to acquire Marco Aviation and am utilizing hangar SA to make MKE my base of operations for Air Expeditions. I also have a company truck will be operated on the airport ramp. Please let me know what documentation and insurance requirements are necessary to get the process going. I look forward to working with you to bring more business and recognition to the MKE. Si eiy, �4 Robert Dellaert President, Air Expeditions, Inc. red- CCAA_02 Page 1 of 1 01 ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into as of , 2012, by and between Air Expeditions, Inc., ("Air Expeditions') and the Board of County Commissioners in its capacity as the Collier County Airport Authority ( "Authority'). WHEREAS, on July 1, 2011, the Authority entered into a Concessionaire Agreement with Marco Aviation, Inc., attached hereto as Exhibit A, and hereinafter referred to as "Agreement;" and WHEREAS, Air Expeditions hereby represents to Authority that by virtue of an asset purchase agreement, Air Expeditions is the successor in interest to Marco Aviation, Inc., in relation to the Agreement; and WHEREAS, the parties wish to formalize Air Expeditions' assumption of rights and obligations under the Agreement effective as of the date fast above written. NOW THEREFORE, IN CONSIDERATION of the promises in this Assumption Agreement, and for other good and valuable considerati a ipt and sufficiency of which are acknowledged by the parties, it is agreed as folio 1. Air Expeditions accepts the Concessionaire under the Agreemq perform under the Agreement. ow&, 2. Air ExpeditionlLwill consistent with Paragraph 35 of duties, benefits, and obligations of I and future obligations to pay and deliver to Authority evidence of insurance 3. Except as expressly stated, no further supplements to, or modifications of, the Agreement are contemplated by the parties. 4. Notice required under the .Agreement to W sent to Concessionaire shall be directed to: CONCESSIONAIRE: Air Expeditions, Inc. 8951 Bonita Beach Road, Suite 525 -410 Bonita Springs, Florida 34135 Email: Robert@FlyAirEx.com Attention: Robert Dellaert, President 5. The Authority hereby consents to Air Expeditions' assumption of the Agreement. No waivers of performance or extensions of time to perform are granted or authorized. The Authority will treat Air Expeditions as the Concessionaire for all purposes under the Agreement. �r� IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. AUTHORITY: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUINTY AIRPORT AUTHORITY 0 , Deputy Clerk AIR EXPEDITIONS, INC.: By: FRED W. COYLE, CHAIRMAN Robert Dellaert, President orporatz Secretary Date: 31 Exhibit A to Assumption Agreement MARCO AVIATION, INC. CONCESSIONAIRE AGREEMENT "Specialized Aviation Serviee Operations at the Marco Island Airport" THIS AGREEMENT made effective this 1.5+ day of SL-1 �- c 2011, between the Collier County Airport Authority Board (hereinafter called the CCAA ") and Marco Aviation, Inc., 2005 Mainsail Dr., Marco Island, FL 34114 (hereinafter called "Concessionaire "). 1. KOPE . The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the CCAA, the right to operate the following described Specialized Aviation Service Operations (SASO) at the . Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. a. TERM. This Agreement shall be for a term of two years effective on the commencement date and continues from month to month until at least thirty (30) days advance written notice to terminate is given by one party to the other. b. FACILITIES. The CCAA shall lease to the Concessionaire the following facilities and space: Terminal Counter Space 168 sq.. feet of office and counter space T- Hangar — 2 aircraft t- hangar storage spaces Tie Down Location — 3 aircraft tie -down spaces Storage Space —1 equipment storage space Easement for ingress and egress to the properties (hereinafter "Facilities ") by the Tenant and its employees and business invitees C. USES. The Concessionaire is authorized to provide specialized aviation service operations. The services provided through Marco Aviation, shall be offered to the public at all times that a reasonable demand for such services exist. Please see attached Exhibit "A" specifically defining the Scope of Services. d. EXHIBITS. Attached hereto and included as though fully incorporated herein are a Collier County T- Hangar Agreement and Collier County Tie -Down Agreement. 2. NOTICES. All notices from the CCAA to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Marco Aviation, Inc. 2005 Mainsail Drive, Suite 3 Marco Island, FL 34114 All notices from the Concessionaire to the CCAA shall be deemed served if mailed by registered mail to the CCAA at the following address: '3 a Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 Attention: Robert Tweedie Airport Manager 3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as cleating a partnership between the CCAA and Marco Aviation, Inc. Concessionaire is not an agent of the CCAA. 4. ASSIGNMENT. Concessionaire shall not assign this Agreement or any part thereof, without the prior consent in writing of the CCAA. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the CCAA's consent, shall be void. If Concessionaire does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Concessionaire has assumed toward the CCAA. 5. PE MM, LjCENSES, TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of CCAA, the State of Florida, or the U.S. Government. 6. CONSIDERATION. Rent and Fees. a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual payment (" Rent "). The total initial annual amount of Rent shall be in accordance with Table "A" below, which includes applicable FL sales tax (6 %). TABLE "A" INiT14LL YEAR SCHEDULE ONLY Description of Facilities Rental Rate Basis Total Monthly Rent w/Tax Total Annual Rent w/Pax 168 sq. ft, of finished office and counter space. $18/84ft./year $267.I2 $3,205.44 1 Aircraft storage t- hangar units (1, 071.6 sq. ft. each) $0.322/sq. ft./month $365.77 $4,389.24 I Aircraft storage t4unM r units (1. 071.6 sq. ft. each) S0.322/4 ft./month $365.77 $4,389.24 1 Equipment storage t4mngar unit (517.5 sq. ft.) $0.229 /4 ftJmonth $125.62 $1,507.42 ** 1 Twin engine aircraft tie -dawn space (see 4.e.below) $100.00/ month $.00 $0.o0 (51,200 Tie - Down fee waiver) * *2 Single engine aircraft tie -down spaces (see 4.e. below) S75.00 /month/space $0.00 $0.00(S1,800Tie- Down foe waiver) Commercial Operating Fee (see 4.c. below) $200/year N/A $212.00 Total 513,703.34 "33 b. Adjustment of Annual Rent. Commencing with the first anniversary of the Commencement Date, and on each anniversary date thereafter, Tenant Base Rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will be that for the South Urban Size C Area (or comparable index if such index is discontinued), hereinafter called "CPI ". An increase in the monthly Base Rent for the successive Lease Years, if any, shall be based upon a comparison of the most recent CPI published for the current Lease Year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional Base Rent shall be the percentage difference between the two preceding CPI's. In no event shall the Base Rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period. c. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant shall pay a fixed annual commercial operating fee of $200.00 per year, plus applicable Florida sale tax. d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and services that are furnished to the Facilities. The application for and connecting of utilities, as well as all services, shall be made by and only in the name of the Tenant. The Authority shall not be responsible for payment of any utility fees, monthly service fee or otherwise. Exceptions: Rent includes basic electrical utilities in the Facilities, HVAC, water and wastewater. Tenant shall participate in energy conservation practices established by the Airport Manager in common with other tenants in the same metered facility. e. * *Tie -Down Fee Waiver. The 2011 Rates and Charges schedule approved by the Collier County Airport Authority provides fbr the waiver of nightly aircraft tie- down/parking fees with fuel purchase. Therefore, tenant will be granted a tie -down fee exemption throughout the term of this agreement provided fuel is purchased for aircroft operated by tenant consistent with their commercial aeronautical activities. Fuel purchases must meet the requirements of the then current rates and charges throughout the term of this agreement. 7. DEFAULT IN PAYMENT. Monthly rent and required fees must be submitted to the CCAA and be received by the fifteenth (15`h ) of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Filly Dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the CCAA may take possession of the Concessionaire's assets on CCAA property and may cancel this Agreement. A monthly report of activities shall be submitted to the CCAA or their designee by the fifteenth (15a') of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The CCAA has no duty to notify the Concessionaire of its failure to remit any such payment or report 8. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable causes beyond the control of Concessionaire, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government or of the CCAA, fires, floods, epidemics, quarantine regulations, strikes or lock -outs, the CCAA will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Marco Island Airport Concession any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Airport Manager. Upon expiration of the term specified in paragraph 1(a), if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from the Marco Island Airport Concession and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the CCAA may cause same to be removed and stored at the cost and expense of the Concessionaire, and the CCAA shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and CCAA may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 10. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist and may hereafter be prescribed by the CCAA in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the CCAA the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the CCAA and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the CCAA within three (3) business days after the CCAA's notice to do so is received by Concessionaire, all at no cost to the CCAA. Concessionaire shall use electronic point -of -sale cash control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available to the CCAA upon demand during the entire term of Agreement. All electronic cash control equipment and accounting procedures shall be with the approval of the CCAA Finance Department. 11. COOPERATION. The Concessionaire agrees to cooperate with the CCAA in the conduct of surveys and to provide reports of visitor usage of all concession services. The CCAA shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. CCAA shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 12. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 18. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the CCAA from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 19. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten (10) days after written notice to do so from the CCAA. 25. NO 1MPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive 3S purpose, nor for any purpose in violation of any federal, state, or CCAA law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the CCAA or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the CCAA shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the CCAA. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the CCAA. Uses must be in compliance with approved uses as set forth in Exhibit "A ", attached. 26. PJUCES. The Concessionaire agrees that prices and fees charged for specialized aviation service operations will be competitive with those charged for similar services in the general vicinity. 28. DEFAULT AND TERNIINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the CCAA may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the CCAA's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. 29. NO DISCRIMINATION. There shall -be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. TERWNATION. The Agreement may be terminated by the CCAA immediately due to any material breach of this Agreement. The CCAA shall be sole judge of non - performance. Further the CCAA may terminate this Agreement for its convenience by giving the Concessionaire not less than a thirty (30) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. 31. CCAA CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement will preclude the CCAA from using the, public areas of the Marco Island Airport for public and/or civic purposes. In the event of occurrences previously mentioned, the Concessionaire will be notified, as deemed necessary by the CCAA or their designee. 32. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA. 33. VENUE. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida 34. INDERMCATION. To the maximum extent permitted by Florida law, the Concessionaire shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the Collier County Airport Authority. Collier County's liability is subject to the limits in Section 768.28, Florida's Sovereign Immunity Act. 35. INSURANCE. Before commencing work of any kind (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. A. Commercial General Liability: Coverage shall have minimum limits of 53.000.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. C. A&tem9bffe Liabilitt: Owned/Non- owned/Hired Automobile Included limits of $1,000,000 Each Occurrence. Special ftuirements : Collier County Airport Authority shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the CCAA at least 30 days prior to any expiration date. There shall be a 30 day notification to the CCAA in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide CCAA with certificates of insurance meeting the required insurance provisions. 36. LEASE MANUAL. The Concessionaire shall be provided with the Authority's .Lease Manual (if any), which the Authority may amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Agreement, and the Concessionaire shall be bound by the terms of this Lease Manual, as of the 1s` day of the second month that Concessionaire receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Agreement, which are in conflict with the Lease Manual, the Lease Manual shall control. 37. THIS AGREEMENT shall be administered on behalf of the Collier County Airport Authority. As used herein, the acronym "CCAA" shall refer to the Airport Director or his designee unless the context renders such construction illogical. 6 3� IN WITNESS WHEREOF, the Concessionaire and the CC" have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: E: BROCK, CLERK _ St Qerk Appii;,k 4as to form and legal sufficiency: Colleen Greene Assistant County Attorney rst Witness f , i y � yW�T4 Typed /print witness name Second Witness l7ebrc,: c> V-V ,,r-I Typed/print witness e OWNER: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA .-� W BY: Fred W. Coyle, Chairman CONCESSIONAIRE !;r ow I "- IN 11 4av/. Printed 6arne of President }6 Exhibit A Page 1 of 3 EXHIBIT "A" SPECIALIZED AVIATION SERVICE OPERATONS (SASO) DESCRIPTION MARCO AVIATION Tenant is authorized to conduct the following Specialized Aviation Service Operations, in accordance with the provisions of the Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers adopted by the Collier County Airport Authority. 1. Aircraft flight training 2. Aircraft charter and air taxi services 3. Specialized commercial dying services 4. Aircraft airframe, engine and accessory maintenance and repair 5. The sale of aviation and non- aviation products, excluding fuel and petroleum products. q 4 4� Y. i ,+ � � a k �•-�.'.dpt'K^+#�e"�.. > '+.i.L. � is f C C °'' f I Administrative Offices MARCO AVIATION EXHIBIT "A" OFFICE COUNTER SPACE APRON Marco Island Executive Airport Terminal Building Counter A (NOT DRAWN TO SCALE) Marco Aviatlon's Sub - leased Office & Counter Space Restrooms Counter C Front Door AIRCRAFT PARKING APRON Front Door Tie Downs 4— -+— Flight Planning Pilot's Lounge Exhibit A Page 3 of 3 Restroom EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached First Amendment to a Sub -Lease Agreement with Raven Air LLC, d/b /a Island Hoppers Aerial Adventures for facilities and specialized aviation service operations at the Marco Island Executive Airport. OBJECTIVE: To extend the term of the Sub -Lease Agree nt with Raven Air LLC, d/b /a Island Hoppers Aerial Adventures (Island Hoppers), and the described leased facilities, and Tenant's address. CONSIDERATIONS: The Airport Authority dMand ers (Tenant) entered into a three -year Sub -Lease Agreement on June 1, 20 facilities cialized aviation service operations at the Marco Island Executive A' ursuant to Para 2 c of the Sub -Lease Agreement, the Sub -Lease has continued on a ° th -to -month b asis sin a 1, 2012. The Airport Authority and Tenant w' to extend a Sub -Lease ment two (2) years, until June 1, 2014, and amend ovisions o -Lease Agreement or the Tenant to give up the use of equipment storage " t B -8 at arco Island Executive Airport, and change the Tenant's address. The attached Amendmemli "1, reviewed by the C ` omeOffice. FISCAL IMPACT: WI such tip as a nevierit is secure the fiscal impact will be the loss of rent for a storage t- han*unit B Ar. GROWMOOMWORME AC LEGA NSIDERA 764 NS. _ completed by the County Attorney's ice.] RECOMMEND ATION: Th t the Bd `d of County Commissioners, in its capacity as the Collier County �`�` rp t Authog approves the attached First Amendment to the Sub -Lease Agreement between ljW Airpoo4kuthority and Raven Air LLC, d/b /a Island Hoppers Aerial Adventures for facili tia. atapecialized aviation service operations at the Marco Island Executive Airport. PREPARED BY: Chris Curry, Airport Authority Executive Director Lj2. FIRST AMENDMENT TO SUB -LEASE AGREEMENT THIS FIRST AMENDMENT TO SUB -LEASE AGREEMENT ( "Amendment ") entered into this day of , 2012, by and between Raven Air LLC, d/b /a Island Hoppers Aerial Adventures, whose mailing address is 9850 Overseas Highway, Marathon, Florida 33050, hereinafter referred to as "Tenant," and the Board of County Commissioners of Collier County, Florida, in its capacity as the Collier County Airport Authority, whose mailing address is 3299 East Tamiami Trail, Suite #303, Naples, Florida 34112, hereinafter referred to as "Authority." RECITALS: WHEREAS, Authority and Tenant entered into a Sub -Lease Agreement dated June 1, 2009, a copy of which is attached hereto; and WHEREAS, the "Agreement Term," pursuant to Paragraph 2 b. of the Sub -Lease Agreement is June 1, 2009 through June 1, 2012; and WHEREAS, since, June 1, 2012, the Sub- Lease � has continued on a month -to- month basis in accordance with Paragraph 2 c.; and WHEREAS, the parties wish to extend the Sub-Lease Agreement and amend other provisions of the Sub -Lease Agree un Ift"s a nd conditions set forth below . SIS ETH: NOW, THEREFORE, in o eration of Ten Dollars ($10.00) and other good and valuable consideration exchanged ongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. EXHIBIT "A" DESCRIPTION OF FACILITIES is hereby deleted in its entirety. 2. Paragraph 1 of the Sub -Lease Agreement is hereby amended to read: "1. The Facilities Described. The Authority hereby sub - leases to the tenant 62.5 square feet of counter space as depicted in EXHIBIT A "COUNTER C" SPACE. 3. Paragraph 2 b. of the Sub -Lease Agreement is hereby amended to provide that the Sub - Lease will terminate June 1, 2014. 4. Paragraph 5 "Notices" is amended to reflect the Tenant's change of address. Raven Air LLC d/b /a Island Hoppers Aerial Adventures 9850 Overseas Highway Marathon, Florida 33050 Page 1 of 2 1-13 5. Except as expressly provided herein, the Sub -Lease Agreement remains in full force and effect according to the terms and conditions contained therein. If there is a conflict between the terms of this Amendment and the Sub -Lease Agreement dated June 1, 2009, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the Authority and Tenant have hereto executed this First Amendment to Lease Agreement the day and year first above written. Witness (signature) (print name) Witness (signature) (print name) ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk TENANT: RAVEN AIR LLC, d/b /a ISLAND HOPPERS AERIAL ADVENTURES (Print Nam d Title) AUTHORITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By: FRED W. COYLE, Chairman Page 2 of 2 4/4V Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) k Raven..Air LLC, OM /A.Island goppersz-Sub- Lessee (Tenaint WHEREAS, the Collier County Airport Authority, Sub - lessor, (hereinafter referred to as "Authority"), a public body existing under Collier County Ordinance No. 2004 -03, as amended, with offices at 2005 Mainsail Drive, Suite 1, Naples, Florida, 34114 is charged with the operation and maintenance of the Marco Island Executive Airport (hereinafter referred to as "Airport ") in Collier County, Florida; and, WHEREAS, the Authority leases the Airport from the Collier County Board of County Commissioners, the Authority is the Sub- lessor and Raven Air LLC DB /A Island Hoppers. (Hereinafter referred to as "Tenant") is a Sub - lessee; and WHEREAS, Collier County through the Authority maintains designated facilities on the Airport specifically for aviation and non - aviation related businesses, entities or individuals for the benefit of the general aviation community and the citizens of Collier County; and WHEREAS, Tenant desires to sub -lease facilities located at the Marco Island Executive Airport, 2005 Mainsail Drive, Naples, Florida 34114, as described and depicted in Exhibit "A" attached, for the purpose of furthering the Tenant's Specialized Aviation Service Operations (SASO) business; and WHEREAS, the Authority is willing to sub -lease said facilities as described and depicted in Exhibit "A" attached, and the Authority and Tenant (hereinafter referred to collectively as the "Parties ") desire to execute a written sub -lease agreement (hereinafter referred to as "Agreement"); and NOW, THEREFORE, in consideration of the mutual covenants herein contained, and for other good and valuable consideration, the following is agreed: PART ONE OF TWO PARTS Parasranhs 1 through 5 are unique to this Agreement: I. The Facilities Described. The Authority hereby sub - leases to the Tenant, certain facilities, land and improvements of real property located at the Marco Island Executive Airport, 2005 Mainsail Drive Naples, FL 34114. The facilities consists of 62.5 square feet of counter space; one (1) helicopter storage t- hangar unit, as described and depicted in Exhibit "A," attached hereto and incorporated herein by this reference, together with an easement for ingress and egress to the properties (hereinafter "Facilities ") by the Tenant and its employees and business invitees. 2. Terms. a. Effective Date. The Effective Date of this Agreement shall be the 1st day of June 2009. This Agreement shall have no force or effect until the Authority has actual physical possession of one (1) fully executed original of this Agreement (including all Exhibits). b. Agreement Term. The term of this Agreement shall be for three (3) years (hereinafter referred to as "Agreement Term ") effective on June 1. 2009, and terminating on June 1 2 C. Event of Holding Over. In the event tenant holds over, all provisions of this agreement shall remain in full force and effect on month-to -month terms. d. Extended Terms. None. See Initial Exhibit E. 3. Use of Facilities. Tenant, its sub - sub - lessees, or assignees shall have use of the Facilities only for Tenant's authorized SASO business activities. No building or land shall be used for any purpose other than Tenant's authorized SASO business. Moreover, no use and /or occupancy shall disturb the peaceful enjoyment of any other tenant or other occupant at the Airport, and all uses and occupancy shall always conform to all then current (as then revised or superseded) laws, standards. rules, regulations, codes and all other written applicable policies of every type and description. 4. Rent and Fees. a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual payment ( "Rent "). The total initial annual amount of Rent for: one (1) counter space, one (1) helicopter t- hangar storage unit (13-8), for the initial year of this Agreement. This equals a monthly rent of $374.76, which includes Florida sales tax. See Table "A" below. ant s Initials) Page 1 Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) TABLE "A" INITIAL YEAR SCHEDULE ONLY Facilities Monthly Rent 6% State of Total Monthly Total Annual FL Sales Tax Rent w/Tax Rent w/Tax 62.5 sq. ft. of finished counter space @ $105 $6.30 $111.30 $1,335.60 $1.68 /sq.ftJmonth 1 helicopter & equipment storage t- hangar unit (B -8) $248.55 $14.91 $263.46 $3,161.52 Commercial Operating Fee (see 4.c. below) $212.00 Total Annual Rent & Fees $4,709.12 b. Adjustment of Annual Rent. For each additional year, the annual Rent shall be increased by three Vercent 0 %). Annual rent increase shall become effective on the anniversary of the Effective Date throughout the term of this Agreement. C. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant shall pay a fixed annual commercial operating fee of $200.00 per year, plus applicable Florida sale tax. The annual commercial operating fee paid by the tenant for the current year under the tenant's previous agreement with the Authority shall be pro -rated and applied to the remainder of the current year commercial operating fee. d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and services that are furnished to the Facilities. The application for and connecting of utilities, as well as all services, shall be made by and only in the name of the Tenant. The Authority shall not be responsible for payment of any utility fees, monthly service fee or otherwise. Exceptions: Rent includes basic electrical utilities in the Facilities, HVAC, water and wastewater. Tenant shall participate in energy conservation practices established by the Airport Manager in common with other tenants in the same metered facility. 5. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing. Any notice or document required or permitted to be delivered hereunder shall be deemed to be delivered whether actually received or not, when deposited in the United States mail, as Certified Mail, postage prepaid, return receipt requested, and addressed to the parties at their respective addresses, as set forth below. Tenant shall have a continuing obligation to notify the Authority's Executive Director, in writing, of each and every change in this address. The Authority shalt also have a continuing obligation to notify the Tenant in writing of each and every change to its address, if any. "Notice" is not an amendment to this Agreement and, therefore, is not subject to paragraph 40. Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, FL 34114 Reiven Air 2005 Mainsail Drive, Suite 7 Naples, FL 34114 Page 2 Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub- Lessee (Tenant) PART TWO OF TWO PARTS All of the following paragraphs are Standard Form paragraphs. Amendments to any of these paragraphs must be made as specified in "Special Provisions," paragraph 40. 1. Legal. Tenant, and any future assignees, shall provide the Authority with a corporate resolution, or other appropriate document, specifying individuals who have full authority and right to bind to the terms of this Agreement and any fidure amendments to this Agreement. Tenant warrants that the person signing this Agreement has the authority to bind Tenant to the terms of this Agreement. 2. Fees and Charges. Tenant shall pay the following fees and charges: a. Payments. Any and all payments shall be made payable to the "Collier County Airport Authority" at its then current and correct address. b. Due in Advance. All Rent payments shall be due and payable each month in advance, beginning on the applicable first Rent payment date and continuing regularly on a monthly basis without notice from the Authority thereafter during the Agreement Term. However, the Authority may elect to invoice payment notices. All subsequent payments shall be due (paid in advance for each respective month) on the first of each month thereafter. The Tenant can elect to pay one year's Rent in advance. C. Late Payment Fee. Tenant shall pay a late payment fee of ten percent (10%) of the late Rent, fee and/or other late payment. If the late payment and late payment fee is not actually received in full by the Authority's Executive Director within thirty (30) of its due date, the late payment fee shall automatically increase another ten percent (101/o) for each additional thirty (30) days until the Authority's Executive Director receives the full overdue payment and all late payment fees. d. Additional Fees. Any and all additional amounts, obligations, or expenses paid or incurred by the Authority: (1) on behalf of Tenant or which is the responsibility of Tenant hereunder or for which the Tenant has agreed to reimburse the Authority; or (2) amounts which the Authority after reasonable advance notice to Tenant elects to pay or incur because of Tenant's failure, neglect, or refusal to perform or fulfill any of the terms and conditions of this Agreement shall constitute additional fee payable by Tenant to the Authority, and the same shall be payable in full along with the payment of all other payments due hereunder within thirty (30) days of the receipt of Authority's invoice setting forth the costs or amounts incurred by Authority. Such payments shall include interest, costs (including reasonable attorneys' fees), damages, and penalties that may have been incurred by the Authority in collecting the same. e. Separate and Independent Provision. It is the intention of the parties hereto that the obligations of the Tenant shall be separate and independent covenants and agreements, that the Rent payments to be made by the Tenant and all other sums payable by the Tenant to or on behalf of the Authority shall continue to be payable in all events and that the obligations of the Tenant shall continue unaffected, unless the requirement to pay or perform the same shall have been terminated pursuant to an express provision of this Agreement. f. Material Default. Tenant's failure to pay Rent for any period exceeding three (3) consecutive months (or Rent ever being in arrears in the amount of three (3) months) shall be considered a Material Default of this Agreement. No time to cure default provisions in this Agreement shall apply to late Rent payments. 3. No Refunds. Tenant shall not be entitled to a refund of any Rent, fees or other charges whatsoever, except overpayments shall be credited to the Rent. 4. Insurance Requirements. a. Proof of Insurance Required as Determined by Collier County Risk Management. Tenant shall maintain insurance as outlined in Exhibit `B" Such insurance shall name the Collier County Board of County Commissioners as an additional insured. This insurance shall have an aggregate limit as required to meet the then existing mandatory requirements of the Collier County Risk Management Department. Tenant shall maintain coverage of all improvements to the Facilities. Such insurance shall always be with a company licensed and authorized to conduct Page 3 s fiats) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) that insurance business in the State of Florida The Tenant shall furnish annually to the Authority on or before the anniversary of the Effective Date of this Agreement, a certificate or other approved written evidence and proof of maintenance of the above - required insurances. Tenant shall provide the Authority with written notice of any change thereof; and furnish to the Authority evidence of acquirement of a substitute therefore, and payment of the premium thereof. Each such notice must be received by the Authority not later than ten (10) days after each such change. If the Tenant fails to maintain all such insurance coverage, then the Authority may obtain same and add all costs thereof to the total cost of such insurance and bill the Tenant accordingly, this may include monthly or annual billing, determined by the Authority. If the Authority does so, it shall charge and Tenant shall pay interest thereon at the rage of fifteen percent (15 %) per annum from the time of payment and shall be collected as an additional charge. b. Indemnity the Authority. Tenant shall save and hold harmless, indemnify and defend Collier County and the Authority, their elected officials, their unelected officials, employees and agents, in their official and individual capacities, of and from any and all liabilities, claims, losses, or damages arising out of, or alleged to arise out of, or indirectly connected any operations of the Tenant under this Agreement, and/or arising out of the presence at the place of business, or improvements thereto, of any agent, guest, customer, supplier, contractor or subcontractor of Tenant, unless such liabilities, claims, losses, or damages are caused by the negligence or willful misconduct of Collier County or the Authority, their elected official, their unelected officials, employees or agents, in their official and 'individual capacities. The amounts of insurance maintained by the Tenant shall not be deemed a limitation on Tenant's agreement to indemnify Collier County and the Authority. If Collier County and/or the Authority become liable for any of the same in an amount in excess of the insurance, Tenant shall indemnify the Authority for the whole thereof. 5. Minimum Standards. All activities conducted at the Airport will be done in adherence to the Authority's "Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at Collier County Airports" (Exhibit "C"), Airport Policies and Procedures, the terms of this Agreement and any other then applicable Federal, State, County and local Laws, Ordinances, Rules and Regulations. 6. Property Management. The Authority shall be the sole sub- lessor/lessor of Airport property and facilities at the Airport. No individual or entity shall provide any property management services without being authorized to do so by appropriate written agreement with the Authority. 7. Permitted Uses. a. Additional Uses Require Permission. The Tenant shall not use or permit the use of the Facilities, and/or any improvements thereto, for any purpose or use other than those expressly and specifically authorized by this Agreement, as described in Exhibit "D ". Additional uses may be hereafter authorized by the Authority, but only upon such terms and conditions as may be set out in such authorization. All changes to uses must be inserted into this Agreement by Amendments to this Agreement by revising Exhibit "E" pursuant to paragraph 40. Tenant shall use the Facilities solely for the conduct of Tenant's business and not for any other purpose, activity or line of business whatsoever, without the prior expressed written approval of the Authority. Authorization may be denied for any reason in the sole and absolute discretion of the Authority as long as this judgment is made on a good faith basis. Tenant understands that a violation of this Section is a Material Default and may be considered by the Authority as a breach of this Agreement. Tenant shall make no use of the Airport, which in any way interferes with the safe conduct of the Airport, including any aircraft operation. b. Commercial Use of Facilities and Future Improvements. Tenant agrees to obtain written permission from the Authority prior to commencing or permitting any commercial use of the Facilities not specifically listed or additional improvements thereto, in accordance with the then current Airport policies, codes, rules, regulations and/or other standards. The Tenant shall at all times maintain and pay for any required permits, licenses, insurances, and taxes as then required by law. C. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful performance of such covenants, agreements and conditions required by law, and/or by this Agreement, shall and may, peaceably and quietly have and enjoy those portions of the Airport authorized for Tenant's use. Such use shall be free from molestation, eviction or disturbance by the Authority or any person claiming by, through, or under the Authority, subject to the terms and conditions of the law or agreement entered into. Such quiet enjoyment is conditional upon Tenant adhering Page 4 2/Y at's Initials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee {Tenant) to the conditions, provisions and terms set forth in this Agreement and without limitation, all other laws, codes, rules and /or regulations referred to anywhere in this Agreement. & Construction and Improvements. a. Construction and Improvements. The Tenant is required to get Authority's approval prior to any development, construction and/or improvements on the Facilities, and all development, construction and/or improvements must be in accordance with all applicable Federal Aviation Administration (FAA) Rules, Advisory Circulars, Design Standards, or other governing and/or related regulations and codes, and all applicable Federal, State of Florida, Collier County and local codes, permits, rules, and regulations. b. Authorization and Approval. Authorization and approval is required from the FAA and/or from any other then applicable regulatory agency of Florida and/or the Government of the United States for any construction or alteration to an existing facility. Alteration is a change to an existing structure, such as an addition of antenna, a change to the marking and lighting of a facility, a change to power and/or frequency, and/or the change to the height of a facility. This approval process requires FAA Form 7460.1 "Notice of Proposed Construction or Alteration ". C. Collier County Codes Apply. Tenant must meet Collier County standards as specified in all then applicable Collier County Codes (Ordinances) for all design, planning, permitting, and construction activities, including development or extension of infrastructure. d. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted shall not constitute the assumption of any liability by the Authority for the compliance or conformity of the Tenant's Plans with applicable building codes, zoning regulations, or county, state, and federal laws, ordinances, and regulations, nor for their accuracy or suitability for Tenant's intended purpose. Tenant shall be solely responsible for Tenant's Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that they comply with applicable building codes, zoning regulations, county, state, or federal taws, ordinances, or regulations, and to make such construction changes as are necessary so that the completed work is in conformity with the Tenant's Plans as amended. In the event the Authority refuses to approve Tenant's Plans, the Authority shall notify Tenant of the changes required to be made, and Tenant may revise Tenant's Plans to incorporate the required changes and then resubmit revised Tenant's Plans to the Authority for approval. The Authority shall attempt to reply in writing to Tenant's submitted Plans within forty-five (45) days after Authority's receipt of the submitted Plans, regarding Authority's approval, approval subject to required changes, or other response to Tenant regarding Tenant's submitted Plans. Tenant shall always be granted a reasonable time to make the required amendments or otherwise comply with the Authority's respective written response to Tenant. e. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor the Authority, nor any officer, employee representative of agent of either, shall be liable in any way whatsoever for any developmental permitting and/or any other permitting, permission or other authorization that is not completed to the desires of Tenant for any reason whatsoever, including and not limited to financial restraint(s), management, seen and/or unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any- other circumstances whether or not under the control of Collier County and/or the Authority, and/or any now existing, new, amended and/or superseding Florida law(s)and/or Federal law(s), State of Florida and/or Federal mandates, rules, regulations related directly or indirectly to any and all such permitting, mitigation or any other reason that does or may impede and/or delay Tenant from fulfilling its obligation under this Agreement. E Additional Improvements Constructed During the Agreement Term. Tenant may be authorized by the Authority in writing by paragraph 40. "Special Provisions" to construct additional improvements or modifications during the Agreement term, adhering to the requirements of those codes, rules and regulations then in effect and applicable to the Authority. 9. Ownership of Improvements, Liens, Mortgages and Other Encumbrances. a. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way as constituting the consent or request of the Authority, express or implied by reference or otherwise, to any architect, engineer, surveyor, contractor, subcontractor, etc. (at every tier), laborer, material manufacturer, supplier or mechanic for the performance ass} Page S y? Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) of any labor or the furnishing of any materials, supplies or services requested by Tenant for or in connection with the Facilities or any part thereof. Notice is hereby given that neither Collier County nor the Authority shall be liable for any labor or materials, supplies or services furnished or to be furnished to Tenant upon credit, and that no mechanics or other lien for labor, materials, supplies or services shall attach to or affect the fee or reversionary or other estate or interest of the Authority or Collier County in the Facilities, or in any improvements, or in this Agreement. All Persons dealing with the Facilities and with Tenant are hereby put on notice that Tenant does not have the power to deal with the Facilities in such a manner as to authorize the creation of mechanics liens, by implication or otherwise and all Persons making improvements to the Facilities, either by doing work or labor or services or by supplying materials or supplies thereto, at the request of Tenant or Persons dealing by, through or under Tenant, are hereby put on notice that they must look solely to Tenant and not to the Facilities or any part thereof or to any improvements, or to this Agreement for the payment of any services, labor, materials or supplies performed upon or delivered to the Facilities. "Persons" refers to individuals and all entities. b. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect to the performance, commencement, or completion of any of the work to be performed by such party under this Section if such failure to perform, commence, or complete any or all of such work is due to circumstances beyond its control, such as, and not limited to, a strre, lockout, labor dispute, shortages of materials, supplies or labor, fire or other casualty, litigation or governmental action or inaction, or delay or acts of war, including acts of terrorism. For purposes of this Section the acts of a third party shall not be deemed to be within the control of Authority, Collier County or Tenant unless Authority, Collier County or Tenant, respectively, authorized such acts. c. Trade Fixtures. Tenant may, from time to time, install, operate, repair, and replace any trade fixtures and other lawfully present personal property on the Facilities, all of which shall be and remain the property of Tenant and may be removed at any time during the term hereof and within thirty (30) days after expiration or earlier termination of the term hereof, provided, however, that, absent written approval to remove from the Authority, Tenant shall not remove any such item while in default of Agreement. Tenant shall, at its own cost and expense, repair any damage to the Facilities caused by such removal in a manner reasonably acceptable to the Authority. Failure to remove trade fixtures or other personal property as provided herein shall not constitute a holdover by Tenant, but all such property not removed within the time specified above shall be deemed to have been abandoned by Tenant, in which case, the Authority may either use or dispose of the same as it shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's expense. The terms trade fixtures and other personal property shall not include (1) any item hereafter installed or erected thereon by the Authority or at its expense or (2) any item affixed to the Facilities or to any improvement which cannot be removed without material injury to the Facilities or to any improvement, whether or not installed by and at Tenant's expense. d. Removal of Tenant's Property in the Event of a Default. If upon the expiration of the Lease Term hereof or earlier termination of this Agreement, Tenant shall be in default hereunder, the Authority may, at its option, give notice to Tenant that Tenant may, within fifteen (15) days after the date such notice is given, remove its trade fixtures and other personal property, provided that such removal will not result in material injury to the Facilities or any improvement, and that Tenant shall at its expense repair any damage to the Facilities and/or to any improvement caused by such removal in a manner acceptable to the Authority. In such event, any trade fixtures or other personal property not so removed within such time period shall be deemed to have been abandoned by Tenant, in which case the Authority may either use or dispose of the same as it shall see fit without any liability to Tenant therefore or may remove and store the same at Tenant's expense. e. Title to Improvements. Title to both the Authority's Improvements and to such of the Tenant's improvements that are not trade fixtures or other personal property shall be and vest in the Authority upon the expiration or early termination of this Agreement. Tenant hereby covenants to promptly execute and deliver to Authority any and all instruments or documents that Authority reasonably requests to effectively transfer, assign, and otherwise convey full title to such Improvements in fee to Authority. E Unencumbered Title to Improvements. During the Agreement Term, title to all improvements existing or constructed upon the Facilities by or on behalf of Tenant are and shall be vested in Tenant. All liens and/or other Page 6 _:�O s uitials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) encumbrances (except mortgages(s)) placed upon the Facilities due to actions and /or inactions of Tenant, or through Tenant, shall by Tenant, be completely and absolutely removed as soon as possible, and in all events no mortgage, lien or any other encumbrance shall be upon this Agreement or upon any improvement at the end of the Agreement Term of this Agreement. An "encumbrance" is anything that results in Collier County receiving anything less than complete marketable title to all improvements and /or anything less than a total and complete unencumbered return of the Facilities to the Authority. 10. Condition, Maintenance and Repair of Facilities. a. Tenant Accepts Facilities "As -is". Tenant acknowledges that it has fully inspected the Facilities and hereby accepts the Facilities, improvements and each appurtenance thereto as is, in their present state and condition, as suitable for the purpose for which the same are sub - leased and agrees to allow for changes in such condition, occurring by reasonable deterioration between the date this Agreement is executed and the date such changes occur. b. The Authority Shall Maintain. 1. The Authority shall maintain and repair the exterior walls, roof and structure of the Facilities due to normal deterioration, severe weather destruction or natural disaster. The Authority will also maintain and repair all air conditioning, heating, ventilation, electrical and plumbing repairs that are required to have a certified or licensed individual. If the repairs required are not due to normal and reasonable use and wear, the Tenant shall pay the reasonable cost of the repairs and such expenses will be considered and billed as additional rent due on the last day of the month following the month in which the repairs or replacements were made. 2. The Authority shall arrange for such repairs in accordance with Collier County's and the Authority's maintenance and repair priorities, provided however if the Authority's repairs will effect Tenant's quiet enjoyment, then the Authority shall notify Tenant of available times. The Authority will maintain and repair all Authority owned aircraft operating ramps, aprons, taxi lanes, taxiways, and runways due to normal wear and deterioration. A reasonable cost will be associated to the Tenant if a fuel or other corrosive spill deteriorates the ramp, apron or asphalt due to the Tenant's negligence. The Authority will not maintain any tie down fixtures on the premises of the sub - leased Facilities, permanent or otherwise. C. Tenant Shall Maintain. The Tenant agrees to take good care of and maintain the Facilities in good condition throughout the term of the Agreement, including routine preventive measures to preclude damage due to exposure to the elements. The Tenant, at its expense, shall make all necessary repairs and replacements to the Facilities, including the replacement of fixtures, all light bulbs, filters, carpentry, the repair of interior walls, flooring, doors, locks, appliances and their appurtenances, except those which require a state license to perform (for example, an electrician). 2. Tenant shall always provide timely and adequate repair and/or maintain all buildings, structures, improvements, facilities (including utility facilities), trees and all other foliage, and all personal property during and throughout the remainder of the useful life of each such item or tangible and intangible property, including to the extent as may be determined by the Administrator of the FAA (or his or her successor(s)). Tenant shall obtain new and/or additional materials as then required to rehabilitate, promptly maintain and/or repair buildings, structures, improvements, facilities, rights -of -way and items of personal property, including any damage brought on by demolition (or any other removal) of the then existing counterpart buildings, structures, improvements, facilities, rights -of -way and/or personal property transferred by this Agreement. The Tenant is to comply with all then � Page 7 S/ s tials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) applicable laws, rules and regulations with regard to each such item, including, if applicable, the authorization or approval of work, including restricting, controlling, and regulating heights and locations of manmade objects, trees and all other objects of natural growth or terrain thereby preventing airport hazards and incompatible uses, activities and construction. All such activity shall be in compliance with then applicable statutes, rules and regulations, including Chapter 333, Florida Statutes, and Part 77 of 14 Code of Federal Regulations. 3. The quality and class of all repairs and replacements shall be equal to the original worth. If Tenant defaults in making such repairs or replacements, the Authority may make them and such expenses will be considered and billed as additional rent, due on the last day of the month following the month in which the repairs or replacements were made. At the termination of the Agreement, by time or otherwise, the Tenant shall surrender the Facilities in as good condition as it was in at the beginning of the term, reasonable use and wear excepted. d. Additional Tenant Assurances. Tenant agrees at its own cost and expense to repair or replace any damage or injury done to the Facilities, or any part thereof, caused by Tenant, Tenant's agents, employees, Tenants, licensees, invitees, or visitors. If Tenant fails to make such repairs or replacements promptly, the Authority may, at its option, make such repairs or replacements and Tenant shall pay the reasonable cost thereof to the Authority on demand. Tenant agrees not to permit or allow any waste or damage to be committed on any portion of the Facilities, and at the termination of this Agreement, by lapse of time or otherwise, to deliver up the Facilities to the Authority in as good condition as on the date of possession by Tenant, ordinary wear and tear and damage caused by the elements alone excepted, and upon such termination of this Agreement, by lapse of time or otherwise, and after notice as required by law, the Authority shall have the right to re-enter and resume possession of the Facilities. e. The Authority's Right to Correct Deficiencies. The Authority has the right to require reasonable maintenance and repairs to the Facilities or the improvements thereon by Tenant as required by this Agreement. After sufficient notice as required by this Agreement, if the Tenant fails to make the required corrections, the Authority shall have the right to enter the Facilities, or improvements thereto, correct the deficiency, and recover the reasonable cost of activities from Tenant as additional Rent on the next Rent due date. E Repair of Damage. If the Facilities or improvements thereto is partially destroyed or damaged by fire or other casualty, Tenant shall repair and restore the Facilities or improvements thereto as soon as it is reasonably practicable. Such repair or restoration shall commence not later than six (6) months after such damage, and be completed within six (6) months thereafter. Such restoration shall be to substantially the same condition in which the Facilities or improvements thereto was before such damage. In the event that Tenant has not commenced repairs within six (6) months from the date of said damage and thereafter completed such repairs within six (6) months, this Agreement may be immediately terminated by the Authority. Such termination shall be made effective by serving notice upon the Tenant, and effective on the date of receipt of such notice by the Tenant. g. Destruction of the Facilities or Improvements Thereto. In the event the Facilities or improvements thereto are completely destroyed or so badly damaged that the safe occupancy and operation of a public business cannot be conducted, this Agreement will be terminated. h. Installation of Utilities. The Authority warrants that electrical, water, and sewer are available at the Airport. The Authority shall not be responsible for payment of any utility fees, monthly service fee or otherwise, except as otherwise noted in Part One of this Agreement. i. Compliance with Environmental Laws. Tenant shall promptly notify the Authority of the release of any hazardous substances on the Facilities or other act or omission that results in the environmental contamination of the Facilities. Tenant shall comply with all applicable Environmental Laws pertaining to the protection of the environment, including but not limited to those regulating the possession, storage, handling, and disposal of Hazardous Materials. Further, neither Tenant nor any agent or party acting at the direction or with the consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous substance as defined in Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time (CERCLA), or petroleum (including crude oil or any fraction thereof) on any part of the Facilities or the Airport; provided however, Page 8 5. nt's nitials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement -- June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) that this sentence shall not prohibit Tenant from storing, dispensing, or using Hazardous Materials on the Facilities if such activities are conducted in accordance with all applicable laws and regulations. Tenant shall not install any petroleum storage tanks on the Facilities or the Airport without the prior written consent of the Authority. j. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials subject to regulation by the EPA, or by Florida Department of Environmental Protection, or by any other governmental authority shall be stored or disposed of on the Airport except in accordance with then applicable Federal, State and local laws, codes, rules and Regulations. k. Environmental Assessment and Remediation. The costs of remediation of any and all environmental damage or pollution then required by any law, code, Wile and/or regulation shall be the sole responsibility of the Tenant, including any or all such damage and/or pollution, if any, that existed prior to the execution of this Agreement if this Agreement is not terminated for pollution related reasons as specified in this sub - paragraph.. The Authority may for good cause require that Tenant fumish to the Authority (or to any other governmental authority or agency) a Phase I Environmental Assessment Report or other substantially similar report regarding the Facilities, in accordance with the laws, codes, rules and regulations in effect at that time. Neither Collier County nor the Authority makes any promises, warranties or representations regarding any such now existing damage or pollution except that neither Collier County nor the Authority is aware of any such now existing damage and/or pollution. The Authority recommends that the Tenant have a Phase I Environmental Assessment conducted because neither Collier County nor the Authority shall have any responsibility with regard to now existing ground pollution at the Facilities, if any, and the Tenant hereby assumes all of those risks. If the Assessment should show that it would not be advisable that Tenant make improvement to the Facilities, that Report can be grounds that the parties mutually agree to terminate this Agreement due to such pollution, or may be a basis for the parties to mutually agree to try to resolve such pollution problems whereby Tenant can reasonably proceed to make improvements to the Facilities. I. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs, including signs approved by means of Collier County Sign Permit(s). The Tenant shall be responsible for all cost and expense of installing, maintaining and repairing all such signs. Tenant shall not install, erect, paint or maintain any temporary signs or advertising displays, such as banners, balloons, flashing signboards, and/or any similar visual devices whatsoever, except to the extent that such devices are then authorized by Collier County Code and are also approved in writing by the Authority's Executive Director. m. Alterations and Improvements. Tenant shall not make any alterations, additions, or improvements to, or install any fixtures on, the Facilities without the Authority's prior written consent. If after a request for such consent, the Parties agree that the items to be installed constitute Tenant's personal property, then Tenant shall have the right to remove all such personal property without further notice to the Authority. If such consent is given, all alterations, additions, and improvements made, and fixtures installed by Tenant shall become the Authority's property upon the expiration or termination of this Agreement. The Authority may, however, require the Tenant to remove such fixtures, at Tenant's cost, upon the termination hereof. 11. Compliance. Tenant shall always be granted reasonable time to cure defaults except default in prompt, full payment of Rent and/or all fees. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the specified period, the Authority may, at its option, terminate this Agreement with at least thirty (30) days advance written notice to Tenant from the Authority of such termination. Upon such termination, without further notice or demand, the Authority may enter upon and into the Facilities, and /or any and all improvements thereto, or any part thereof, and take absolute and sole possession of the same fully and absolutely, and such re-entry shall not be deemed judged or otherwise considered to be any trespass, unlawful entry or unlawful access whatsoever. In addition, the Authority may also require all operations and or activities at the Facilities to cease and all removable items be removed from the Airport. a. Compliance Time. The Tenant shall then have ten (10) days to cure or remedy said default or otherwise comply with any demand contained within such written notice which cures or remedies the default. In the case of a safety issue the Tenant shall have only the necessary time to remedy the situation or the Authority will provide remedy and bill the Tenant for the reasonable costs associated with the remedy. For a late payment, fuel flowage fee or any financial debt owed to the Authority, the Tenant will have ten (10) days to submit the payment after a written notice is sent. 15-. Page 9 s tiats) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) b. Failure to Comply. If the Tenant fails to correct the default as specified by the Authority's notice within the specified period, or if the Tenant receives a second notice of default within the term of this Agreement, the Authority may, at its option, terminate this Agreement immediately, or at any time thereafter. Such termination may be made without further notice or demand. Upon such termination, without further notice or demand, the Authority may enter upon and into the Facilities, or improvements thereto, or any part thereof, and take absolute possession of the same fully and absolutely, and such re -entry shall not be judged trespass. In addition, the Authority may require all associated and permitted operations to cease and be removed from the Airport, except such operations as may be the subject of a separate written Agreement. 12. Permits and Taxes, Laws and Authority. a. Permits and Taxes. Tenant shall pay when due all then applicable taxes, special assessments, excises, license fees and permit fees of whatever nature applicable to its operation levied or assessed against the Airport, or improvements thereto. Tenant shall take out and keep current all licenses, permits, and certificates (City, County, State and Federal) required for the conduct of its activities at and upon the Airport, and fiuther agrees not to permit any of said taxes, excise or license fees to knowingly become delinquent. b. Laws. Tenant at its own expense, and at no expense to either Collier County and /or the Authority, shall fully comply with all laws, regulations, rules, ordinances, and requirements of the applicable City, County, State and Federal authorities and agencies which affect this Agreement, the land granted by this Agreement, any improvements upon the Facilities, and/or operations thereon. Such compliance shall be with any laws, regulations, rules, ordinances or requirements, which have been or may be enacted or promulgated during the effective period of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of the same as specified in the respective law, regulation, rule, ordinance, or other requirement. C. The Authority. Tenant recognizes the authority of the Authority and/or its designees to take those necessary and legal actions required to safeguard any person, entity, aircraft, equipment and/or property at the Airport and or reasonably adjacent to the airport. Tenant agrees to abide by every suspension, restriction, and/or designation of specific procedures applicable to any or all Airport operations whenever the Authority or its designees, or any other governmental authority or agency (such as the FAA) may impose any of the same. 13. Assignment and Sub - Sublease; Authority Consent Required. Authority Consent Required. Tenant shall not assign, sub - sublease or otherwise transfer or delegate any right or duty granted by this Agreement, nor the Facilities, including improvements constructed or occupied in accordance with this Agreement. All of the same shall be void ab initio absent prior express written consent of the Authority, which consent shall not be unreasonably withheld. The Authority may condition such consent upon an increase in the Rent up to the then existing fair market value, and may require other conditions or covenants before consenting to any of the same. Such additional Rent, conditions or covenants shall be in accord with the terms and conditions for similar agreements in effect at the Airport at the relevant time(s). If this Agreement is assigned, sub - subleased, or otherwise transferred or delegated, all clauses herein binding the parties hereto are also binding on any and all successors and/or assigns, unless specifically authorized in writing by the Authority. No notation shall be authorized unless expressly approved by the Authority, and Tenant shall have a heavy burden proving the actual necessity for any partial or whole notation. 14. Default and Termination. a. Definition. If the Authority determines that the Tenant is in violation of any of the terms, conditions or covenants of this Agreement, or the Tenant fails to pay, any Rent, fee or charge when due, any such failures shall be considered a material default of this Agreement Each Material Default grants to the non - defaulting party sufficient cause to terminate this Agreement. b. Written Notice Required. The Authority's Executive Director shall provide the Tenant with written notice of any determination of default provided Tenant has informed the Authority in writing of Tenant's correct mailing address. The written notice shall always grant Tenant a reasonable time to cure the default(s), and Tenant may request additional time to cure, which will not be unreasonably withheld or denied. Notice shall be deemed to have been actually received by Tenant if (1) the Executive Director mails such notice to the Tenant's last known mailing address Page to ant's Initials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub-Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) irrespective of whether Tenant actually receives such notice, or (2) such notice is posted on the Facilities. This notice provision does not apply to any late payment of a Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant. Every such notice shall be deemed to be continuing notice. This subparagraph is in addition to paragraph 29. e. Compliance Time. Except as stated elsewhere in this Agreement regarding the respective specific default, Tenant shall then have ten (10) working days to cure or remedy said default or otherwise comply with any demand contained within such written notice which cures or remedies the default, provided, however, if such failure cannot be corrected within that period, it shall not constitute a Default if the failure is susceptible to being corrected and if the Tenant initiates curative action within that period and diligently pursues it until the Tenant corrects the failure within a reasonable period of time. This notice provision does not apply to any late payment of any Rent, fee and/or charge unless the same is a new fee or charge that was not theretofore known to Tenant. Every such notice shall be deemed to be a continuing notice. This subparagraph is in addition to paragraph 29. d. Failure to Comply. If the Tenant fails to correct the default(s) as specified by the Authority's notice within the specified period, the Authority may, at its option, terminate this Agreement with a thirty day (30) written notice to terminate. Upon such termination, without further notice or demand, the Authority may enter upon and into the Facilities, and /or any and all improvements thereto, or any part thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be judged trespass or unlawful entry or unlawful access whatsoever. In addition, the Authority may also require all operations and or activities to cease and be removed from the Airport. e. Non - Waiver of Rights. Continued performance by either party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any such default shall be construed or act as a waiver of any subsequent default irrespective of how long the default may have existed. L Agreement Remains Binding. All provisions of this Agreement remain binding upon the Tenant while the Tenant is in default, and if this Agreement is terminated due to default by Tenant. 15. Airport Property Development Rights Reserved. Collier County and the Authority reserve the right to further develop the Airport as it sees fit, without unreasonable interference or hindrance from Tenant. a. Partial Relocation, Removal and/or Alteration. If development of the Airport by Collier County or the Authority actually necessitates the partial relocation, partial removal or partial alteration of Tenant's improvements, operations or activities from the Facilities, Collier County may amend this Agreement or, if necessary, terminate this Agreement and negotiate in good faith with Tenant to accommodate Tenant's desires regarding another then existing and available suitable Facilities ("other site ") at the Airport. To the greatest extent commercially practicable, Collier County and the Authority will use their best efforts to avoid or reduce any and all such necessity. Tenant shall be granted full or partial abatement of rent to the extent Tenant's activities are harmed by such development. A taking by the Federal Government or by any Agency thereof, or a taking by the State of Florida or any Agency thereof, and/or a taking by any other entity shall be controlled by the laws, rules and regulations then applicable to that taking, including the required notices, service of process, procedures, valuing the monetary amount of the taking and the amount of compensation due and payable to Tenant and to others harmed by that taking. b. Notice of Partial or Total Taking. In the event of any taking by Collier County or by the Authority of the areas authorized for use by this Agreement, the Authority will provide Tenant with notice as soon as possible - minimum of ninety (90) days notice - of such impending action. In the event of such a taking, Tenant`s obligation to pay Rent and other charges shall terminate on the date of the taking. In the event of a partial taking, Tenant shall not be required to pay rent for any of the square footage taken. 16. Severability. If any clause or provision herein shall be adjudged invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. 17. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground operations on and above the surface of the Airport, when conducted in accordance with the then existing Federal Aviation Regulations, together with the right to cause such noise, odors and other disturbances as may be inherent in such operation. Page 11 s o tials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) 18. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil, hydrocarbon and mineral rights in and under the surface of the Airport. However, the Authority shall not conduct any operations on the surface of the Airport for the exploration, development or recovery of the rights and substances reserved which would unreasonably interfere with the Tenant's authorized use of the Facilities and/or Tenant's other then existing rights to have access to other parts of the Airport. 19. Easements and Right of Way. a. Existing Easements. This Agreement is subject to all existing right -of -ways and/or easements of record and all other easements granted by the Authority or Collier County to any other agreements or to other individuals and/or entities at the Airport, and to easements retained by Collier County. b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the right to locate utilities as necessary on existing and future utility easements on the Airport provided the same does not unreasonably interfere with authorized operations and /or authorized activities of Tenant. c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open and unobstructed. A perpetual easement and right -of -way for the construction, maintenance, removal and replacement of any and all utility lines, manholes, and related facilities through, over, across and under the Airport is hereby reserved for the benefit of the Airport, Collier County and the Authority. d. Authority's Right to Establish Easements. Collier County and or the Authority may at any time and from time -to- time relocate, in whole or in part, any easement serving the Airport, provided that such relocation does not diminish or permanently interrupt the rights or operations of the Tenant nor increase the costs to be incurred by Tenant. The Authority may temporarily interrupt operations and/or activities with respect to such Easements during the period of relocation, and the Authority agrees to restore the Airport to a condition substantially similar to the condition existing prior to any alterations thereto by the Authority. No such interruptions shall be of a greater duration than is reasonable under the circumstances. e. Authority's Right to Protect Aerial Approaches. The Authority reserves the right to take such action as, in the judgment of the Authority, may be reasonably necessary to establish and protect aerial approaches to the Airport against obstruction, including the right to prevent persons from erecting or permitting to be erected any improvements on the Airport which would constitute a hazard to aircraft. This includes Florida law, including Chapters 332 and 333, Florida Statutes, as now exist or may be amended and/or superseded, and all then existing, applicable Federal laws, rules and regulations. 20. Security and Safety. Tenant will fully and freely participate in the Authority's security and safety programs as they relate to the Airport. 21. Airport Access. Subject to the rules and regulations established from time- to-time by the Authority, the Tenant has the right of free access, ingress to and egress from those parts of the Airport authorized for the Tenant's use by this Agreement. Such access also applies to the Tenant's employees, agents, patrons and invitees, its suppliers of materials and furnishings of services and its equipment, vehicles, and machinery. The Authority may, at any time, temporarily or permanently close or consent to the closing of any roadway or other right -of -way for such access, ingress, and any other area at the Airport or in its environs presently or hereafter used as such. In such a case, a means of access, ingress and egress reasonably equivalent to that formerly provided may be substituted and concurrently made available subject to the Airports security and operational needs. 22. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor any other individual or entity shall have no claims whatsoever against the Authority or Collier County for any damages incurred by Tenant or any other individual and/or entity arising or occasioned by Tenant's inability to access or use the Facilities or any of Tenant's improvements thereon, for whatever reason, provided such inability to access or use of any part(s) of the Facilities and/or any improvement(s) thereon would not then exist but for wholly unjustified action or wholly unjustified inaction of the Authority. Tenant agrees that its sole remedy against the Authority for loss of use of the Facilities and Tenant's improvements, regardless of the reason for such loss of use or the duration thereof, shall be an abatement of the Rent due hereunder, or cancellation of the term of this Agreement and reimbursement for the original costs depreciated of the improvements as determined by an independent appraiser. If such inability to access or use the Facilities or Tenant's Page 12 ant s Initiate) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub- Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) improvements thereon was the fault of the Authority, as stated hereinabove, and such period exceeds thirty (30) days, the parties agree that the Term of this Agreement shall be extended by the number of days that Tenant was unable to access or use the Facilities or Tenant's improvements. 23. Authority's Right to Enter. The Authority, its officers, agents and representatives, subject to any security regulations imposed by any governmental authority, shall have the right to enter all parts of the Facilities at reasonable hours when Tenant or Tenant's representative is present, to inspect the same when reasonably required and as it may deem necessary or desirable. 24. Operational Reports. At no cost to the Authority, Tenant agrees to submit to the Authority, upon written request by the Authority any report or reports and/or information regarding Tenant's operations and/or activities at the Airport. The Authority agrees to receive from Tenant, upon request by Tenant, any reports the Tenant deems appropriate for the purpose of keeping the Authority informed of any operational problems and of any suggested improvements at the Airport. "Report" or "information" refers to documents, papers, plans, etc. that are in the possession of Tenant or possession of which is reasonably obtainable by Tenant. This provision does not require Tenant to write or compose any such Report or information. 25. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by security gate, uniform driving regulations, or otherwise, all vehicular ingress and egress to, and operations on, the aircraft operating areas including but not limited to all taxiways, runways and ramp areas on the Airport. 26. Attorney's Fees. Authority and Tenant agree that if either is found by a court to have breached this Agreement, reasonable attorney's fees and all costs (expenses) of litigation, including all appeals, remands, etc., witness fees and costs, expert witness fees and costs, etc., shall not be recoverable from the losing party or otherwise. Each party shall be responsible for all of its costs and fees. 27. Subordinate Clause. This Agreement is and shall be subject and subordinate to the provisions of any existing or future agreement, ordinance or other action between the Authority and Collier County and/or any Boards, Agencies, or Commissions relative to the ownership, operation or maintenance of the Airport. However unless the Authority has no discretion, the same shall be applied to the Tenant only to the extent same do not unreasonably interfere with the authorized operations and/or authorized activities of Tenant The burdens of proof and persuasion shall be on the Tenant. 28. Termination of Agreement. At the conclusion of the Agreement's Term, any improvements to the Facilities automatically becomes the property of Collier County upon such termination, and without further notice or demand the Authority may enter upon and into the Facilities, which includes all improvements thereto, or any part thereof, and take absolute possession of the same fully and absolutely, and such re-entry shall not be deemed to constitute any trespass or any other unauthorized entry. In addition, the Authority may also require all associated and permitted operations to cease and be removed from the Facilities. This paragraph shall not apply to Tenant's trade fixtures and/or Tenant's equipment provided each of the same can be physically removed by Tenant without physical damage to the Facilities, building and/or structure, and each item is removed from the Facilities prior to a scheduled Termination date of this Agreement. If the Termination date of this Agreement is not scheduled (not known to Tenant unless and until Tenant receives written Notice of the Termination date from the Authority's Executive director), Tenant shall have thirty (30) days to remove the items after the date of Tenant's receipt of such Notice. 29. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as applicable, Federal Laws. 30. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding this Agreement shall be conducted in the applicable Florida Court(s) in Collier County to the greatest extent the issues are within the Court's jurisdiction. 31. Legal Advice. Each party to this Agreement has relied upon legal advice from its own attorney and, therefore, nothing in this Agreement shall be construed against any party. 32. Cooperation. Collier County, the Authority and Tenant agree to fully cooperate in good faith regarding this Agreement. Page 13 T dials) Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) 33. Time is of the Essence. Throughout this Agreement, time is always of the essence. 34. Airport Purposes. The land, all rights -of -way, buildings, structures, improvements, and all personal property to which this Agreement transfers any right, title or interest to Tenant must and shall be used on reasonable terms and without unjust discrimination and without grant or exercise of any exclusive right for the use of the airport within the meaning of the terms "exclusive right." As used herein the word "airport" shall be deemed to include at least all such land, buildings, structures, improvements, rights -of -way and all such personal property. 33. Rights to Flight Reserved. The County and/or the Authority, reserve for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Facilities herein conveyed. This public right of flight shall include the right to cause in said airspace any noise inherent in the operation of aircraft used for navigation or flight through the said airspace or landing at, taking off from or operation of the airport. 36. No Airport Hazards. That insofar as it is then within its power, Tenant shall adequately and promptly clear and protect all aerial approaches to the Airport by removing, lowering, relocating, marking or lighting, or otherwise adequately mitigating all airport hazards whatsoever, and by preventing establishment and/or creation of any and all additional airport hazards subsequent to acceptance of a sub - lease. Tenant shall prohibit the erection of structures or growth of natural objects that would constitute an obstruction to air navigation, and will prohibit any activity on the Facilities that would interfere with or be a hazard to the flight of aircraft over the land or to and from the airport or interfere with air navigation and to communication facilities serving the airport. 37. No Exclusive Rights. No exclusive right, as defined in Section 516 of the Airport and Airways Improvement Act (or otherwise now or hereafter defined by applicable laws, rules and/or regulations) for use of the Airport (at which the Facilities is sub - leased to Tenant, shall be vested directly or indirectly in any person(s), entity or entities, to the exclusion of others then in the same class. The term "exclusive right" is defined to include a. Any exclusive right to use the airport for conducting any particular aeronautical activity requiring the operation of aircraft; or b. Any exclusive right to engage in the sale or supply of aircraft, aircraft accessories, equipment or supplies (excluding sale of fuel oil), or aircraft services necessary for the operation of the aircraft, aircraft engines, propellers and appliances. 38. Except to the extent then mandated by laws, rules, regulations, or contract(s) no property transferred by a Sub- lease (and any item of replacement of any of the same — buildings, structures, personal property, etc.), shall be used, licensed, leased, sold, salvaged, or disposed of by Tenant for other than airport purposes without the then required written consent of the Administrator of the FAA, which consent should be granted only if and when the then authorized Administrator determines that the respective property can be used, licensed, leased, sold, salvaged, or disposed of for other than airport purposes without materially and adversely affecting the development, improvement, continued and continuous operation, or maintenance of the Airport. No buildings) or structure(s) disposed of shall be used as an industrial plant, factory or similar facility within the meaning of any then applicable Federal law, rule or regulation, or Florida law, rule and/or regulation, unless Tenant shall take such actions as the Administrator of the FAA or his/her successor in function) and/or authorized representative(s) of the Government of the United States, the State of Florida, and/or any regulatory agency of the State of Florida) shall determine to be required. 39. Mon- Discrimination. No person on the ground of race, color, or national origin, shall be excluded from participation in, be denied the benefit of, or be subjected to discrimination in the use of the Airport facilities or the furnishing thereon. 40. "Special Provisions." Original Exhibit "E," lists the Special Part Two Provisions, if any. (If there are "None," specify "NONE ".) All amendments to this Agreement and/or any other Exhibit shall be depicted on the applicable Revised Exhibit "E," including text of each amendment and the effective date. If the amendment amends text that then exists in this Agreement (or in another Exhibit) it shall be depicted by strike -thru and underline format. If the amendment only inserts new text into this Agreement (or into another Exhibit), the amendment shall clearly specify all Page 14 '! n tials} Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) added text. The purpose of these Exhibits "E" is to facilitate understanding how this Agreement differs from the Authority's Part Two Standard Form Sub -lease as of the Effective Date. The purpose of Revised Exhibits "E" is to make a comprehensive and cumulative history of all amendments to this Agreement. Each party to each Revised Exhibit "E" must affix his/her initials and date of affixing initials to each page of each Revised Exhibit E. 41. Exhibits. Exhibits A, B, C, D, and E attached and made part of this Agreement: a. EXHIBIT "A" DESCRIPTION OF FACILITIES b. EXHIBIT "B" RISK MANAGEMENT AND INSURANCE REQUIREMENTS c. EXHIBIT "C" MINIMUM STANDARDS FOR COMMERCIAL AIRPORT AERONAUTICAL ACTIVITY AND SERVICE PROVIDERS AT COLLER COUNTY AIRPORTS d. EXHIBIT "D" SPECIALIZED AVIATION SERVICE OPERATIONS (SASO) DESCRIPTION e. EXHIBIT "E" SPECIAL PROVISIONS (AND FUTURE AMENDMENTS) IN WITNESS WHEREOF, the Authority and Tenant have executed this Agreement to be in effect as of. --5'vv-,e t , 200 Ct .: ATTEST: TWO WITNESSES G—) FIRST WI I S DCbbtc vect ae nt Nam SECOND WITNESS �n6ert -r�P a. e Print Name Approved as to form and legal sufficiency: _o &o _ Colleen Green Assistant County Attorney ATTEST: TWO WITNESSES FIRST WITNES nt Name 'Z / SECOND VATNESS Qnbet* l•vFerJa�' Print Name (Tenant's Initials) COLLIER COUNTY AIRPORT AUTHORITY By' q sa Cook, Executive Director Date RAVEN AIR LLC. By: �L_ /6//VO? at 517 Page 15 Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) EXHIBIT "A" DESCRIPTION OF FACILITIES 1. T- hangar storage unit number B-8 at the Marco Island Executive Airport, 2005 Mainsail Drive, Naples F134114. 2. Sixty two and one half (62.5) square feet of "Counter C" as depicted in the attached Exhibit "A" diagram of the Marco Island Executive Airport Terminal Building, 2005 Mainsail Drive, Naples, FL 34114. 4 r ' Page 16 nt Initials) Counter A APRON Marco rsland 19MUtiVe•Airport Terminal Building (NOT DRAWN TO SCALE) Administrative Offices Restrooms Front Door, i.2.Ssf' 2.,51F Fronts Door PARKING LOT Counter B FlfghtPlanning • �I u • rr rw •r Marco and Executive Airport — Aviation F8 'ties Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) EXHIBIT "B" COLLIER COUNTY AIRPORT AUTHORITY CONTRACT INSURANCE REQUIREMENTS FORM 3- Commercial Activities License /Sublease of Land /Intermediate Hazard or Intermediate Term /Aviation Related /� i3 Initials) TYPE LIMITS Check Workers' Compensation Statutory Limits of Florida Statutes 440 and Federal Government Statutory Limits and Requirements Employers Liability $500,000 $1,000.000 X Commercial General Liability $500,000 per occurrence X $1,000,000 per occurrence (Occurrence Form) bodily injury and property bodily injury and property patterned after the current damage damage ISO form with no limiting endorsements. Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property dam@ a dama e Han arkee ers Liability 000 per aircraft $1,000,000 per aircraft X Aircraft Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence bodily injury and property bodily injury and property dama a I dama e X Business Automobile X $500,000 per occurrence $1,000,000 per occurrence Insurance bodily injury and property bodily injury and property dama a damac3e Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence bodily injury and property bodily injury and property dama a damage Property Insurance =Replacement Cost - All Risks of Loss INDEMNIFICATION: To the maximum extent permitted by Florida law, the ContractorNendor /Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the ContractorNendor /Consultant or anyone employed or utilized by the ContractorNendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE --The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No other format will be acce to le. Thirty (30) Days Cancellation Notice required on Agreements exceeding 6 months. The contract name and number shall be included on the certificate of insurance. Collier County shall be shown as an "ADDITIONAL NAMED INSURED" on property policies where an interest in improvements and betterments is made, as its interests may appear. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and /or Airport Liability where re uired. FORM 3- Commercial Activities License /Sublease of Land /Intermediate Hazard or Intermediate Term /Aviation Related /� i3 Initials) Mara land Executive Airport — Aviation F; 'ities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) EXHIBIT "C" Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers At the Collier County Airports nt's loitiats) Marct land Executive Airport — Aviation Y, Ities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub - Lessee (Tenant) EXHIBIT "D" SPECIALIZED AVIATION SERVICE OPERATONS (SASO) DESCRIPTION Sub - lessor is authorized to conduct the following Specialized Aviation Service Operations, in accordance with the provisions of the Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers adopted by the Collier County Airport Authority (Exhibit D) as amended: 1. Aerial Sightseeing 2. Specialized Commercial Flying Services 3. Flight Instruction 4. Aircraft Rental 5. The Sale of aviation and non - aviation products, excluding fuel and petroleum products. '11j� at,$ Initials) MA Marco Island Executive Airport — Aviation Facilities Specialized Aviation Service Operations (SASO) Sub -Lease Agreement — June 2009 Collier County Airport Authority, Sub - Lessor (Authority) Raven Air LLC, DB /A Island Hoppers, Sub- Lessee (Tenant) EXHIBIT "E" - ORIGINAL SPECIAL PROVISIONS Special Provisions are provision that as of this Agreement's Effective Date differ from the applicable standard form provisions. They are: 1) Tenant is currently enUeed in the process of obtaining FAA certification to conduct helicopter on demand air charter taxi operations under FAR part 135 At such time as tenant receives the FAA certification and provides documented verification to the Authority. "helicopter air charter and taxi operations" shall become an additional authorized operation under exhibit "D" of this agreement 2) Tenant desires to add Aircraft Airfirame Engine Accessory repair and maintenance as an additional authorized operation under this agreement at such time as adequate facilities to conduct these o erations mgy become available. [If "None" state "None. "] [- EXAMPLE -1 REVISED EXHIBIT "E" --1ST REVISION Amendments First Amendment to this Agreement, effective on the day of 12 : are: Appropriate signature blocks 6 �� COLLIER COUNTY AIRPORT AUTHORITY INTEROFFICE MEMORANDUM TO: Commissioner Donna Fiala, District 1 Commissioner Georgia Hiller, District 2 Commissioner Tom Henning, District 3 Commissioner Fred W. Coyle, Chairman, District 4 Commissioner James N. Coletta, Vice - Chairman, District 5 FROM: Chris Curry, Executive Director, Airport Authority DATE: October 1, 2012 RE: Executive Director FY 2011— 2012 Action Plan /Evaluation Attached is a blank Executive Director FY 2011 — 2012 Action Plan with Performance Review Measures. This is provided for your review and comments. I have also provided my self - analysis to assist in your review. I am hoping to have this placed on the first agenda in October 2012. To meet the published agenda deadline, I would appreciate if you would please return your graded packets to me by Wednesday, October 10, 2012 so that I may consolidate the ratings for presentation at the October 23, 2012 Board meeting. I will be available to meet with each of you individually if you desire to discuss any questions, comments or suggestions, or feel free to provide me any comments or suggestions by individual note or memorandum. If you should have any questions about this appraisal task or wish to meet with me, please contact me at your convenience. FY 2011/2012 Action Plan Chris Curry, Executive Director, Airport Authority The Executive Director of the Airport Authority is the Chief Operating officer of the Authority, and works under the direction of the Board of County Commissioners, acting as the Airport Authority. The Executive Director shall: • Be responsible for the administration, management, and operation of the County airports and airport facilities. • Formulate and prepare recommendations rega policies, rules and regulations, n+.l..cr;r... directives, programs, agreements, sub -le ".Ie�1SeS, contracts, and all other documents that require consideration, action,'or appr'oiof the Authority. • Implement all lawful directives of the AvW • Prepare annual budgets and annu orts for approval `& .e Authority and the Board. • Recommend employment, direct, supecy an `` recommend imponnel actions regarding Airport Authorinployees in acciiv&nce with the Cnty's Human Resources Policies and Proc • Carry out other powers and disl a3 y lawful) assigned by the Authority. The Executive Director's °yment Agment he Bo ° of County Commissioners provides for an anntvaluatl of the Extiiirector"s;p rformance. The attached evaluatiott orm is Wed on the . utilized to evaluate other County contract personnel performance TiiS based ,Valuation utilizes a rating scale of 1 to 3 for each L"* e wltlt ;being I pw 5t and ds; 2 btu g Meets Standards, and 3 being Exceeds Stands. Individual <�uation will be totaid and averaged to determine the Board's collect! position. The evaluati a !arm illustratO stv nd reviews expectations for the Executive Director for the 2011 -2012 Fiscal -War. The ,pals are based on broad areas generally expected to be performed by the' sport ,g*utive Director, including: leadership and organizational direction; communicate; $dal management; and personnel management. The Continuing Goals specifies goals and `actives for Fiscal Year 2012 -2013. Airport Authority Executive Director Evaluation Form Goals for Fiscal Year 2011— 2012 1. Administration, Management and Operations of the airports and airport facilities I have and will continue to initiate changes to expand the Collier County airports in accordance with the Airport Master Plan. I will strive to create business opportunities in a touch economical climate. Self Analysis: Marco Island Executive Airport - The approximately $7M taxiway proje4 1ras completed in4F.0bruary 2012. This project will significantly increase capacity a -enhance safety. W10iout a taxiway, several aircraft companies and schools are dh` p pr�i hpited from using the wort due to safety concerns. The project was completed all of the and on butt, and received the Florida Department of T portation Genow, iation Project of the Year. - Negotiated a new aviation fad ct that proles greater flexibility /value for the Collier County Airports. Immokalee Regiot_, - The first ha$e= , p of a 20 square ft:tifact't; facility funded by the USDA and ,.ro a Collier County, Was cov eted in Member 2011. The second phase is under construction and puldgmpleted'iiPecember 2012 R ,ate 'on of ti i ;may lightmg, furi6 by FDOT, was completed in July 2012 7 rtro Sere# a comp%W the bui t rF their facility in August 2012. They are forecasted to toik, appedm ately seven jet engines per year. This will provide a a.: a:= 49fcant increas *,`..fuel r6ywue at the Airport. Part tship with the; mokakiEtSerninole Casino, led to the first annual balloon event held Ache Immokaleetegional Airport. The event was attended by more than 15,000 1.,.s people du1 the wee:e d. Due to the success of the event, the Immokalee Seminole r Casino has a'gft Voinsor the event for the next seven years. Developed a rei::;nue source by establishing an advertising license agreement with the Immokalee Seminole Casino. Everglades Airpark Airport layout plans are underway to advance the completion of the south taxiway project. Discussions with Mayor Hamilton for consideration of possible transfer of the airpark to Everglades City are ongoing. C�. S Commissioner Comments: 2. Airport Policies, Rules and Regulations, Programs and Agreements I will strive to develop, streamline and implement consistency and standardized methods of operation. It is my goal to comply with all grant assurances required by the Federal Aviation Administration and the Florida Department of Transportation. I would like to create agreements that are fair to all tenants and Cotner County while meeting fair market value requirements. : ,n Self Analysis: Created new leasing manual and standare agreements fOrmon- aviation uses for the airports approved by the Authority. At the Marco Island Airport, new agreemen& a mated with Map Aviation for air charter service and Island Hoppe, At the Immokalee Airport, a leash .wit�e lazar Conso lion was finalized in December 2011. A new agreement was negotid withi`ree Mayiils LLC. Commissioner dents { Below Standards Meets Standards Exceed Standards Exceed 1 2 3 Rating Standards F, 2. Airport Policies, Rules and Regulations, Programs and Agreements I will strive to develop, streamline and implement consistency and standardized methods of operation. It is my goal to comply with all grant assurances required by the Federal Aviation Administration and the Florida Department of Transportation. I would like to create agreements that are fair to all tenants and Cotner County while meeting fair market value requirements. : ,n Self Analysis: Created new leasing manual and standare agreements fOrmon- aviation uses for the airports approved by the Authority. At the Marco Island Airport, new agreemen& a mated with Map Aviation for air charter service and Island Hoppe, At the Immokalee Airport, a leash .wit�e lazar Conso lion was finalized in December 2011. A new agreement was negotid withi`ree Mayiils LLC. Commissioner dents { 3. AuO ity /Board Dir ve(s): Ihtke Airports More Self- Sufficient It is my`gii l..to make the " Hier Comity Airports more self- sufficient. At the Immokalee Regional Airp t, I requested two appraisals to determine fair market value pricing. These appraisals were! lased to amt with the new Rates and Charges schedule. In the future, the same apprais4torma ,'*All be used for Marco Island Executive Airport and Everglades City Airpark. Self Analysis: A Rate and Charges schedule for 2012 was set and approved by the Authority in January. The last schedule was approved in 2011. Landing fees at Marco Island Executive Airport garnered approximately $23,000 in new revenue that can be used as Collier County match contributions for Capital Improvement Projects. T- hangars are at 100% occupancy at the Marco Island and Everglades airports, and 90% at Immokalee. CLi 9elow Meets Exceed Standards Standards Standards F, 1 2 3 Ratin 3. AuO ity /Board Dir ve(s): Ihtke Airports More Self- Sufficient It is my`gii l..to make the " Hier Comity Airports more self- sufficient. At the Immokalee Regional Airp t, I requested two appraisals to determine fair market value pricing. These appraisals were! lased to amt with the new Rates and Charges schedule. In the future, the same apprais4torma ,'*All be used for Marco Island Executive Airport and Everglades City Airpark. Self Analysis: A Rate and Charges schedule for 2012 was set and approved by the Authority in January. The last schedule was approved in 2011. Landing fees at Marco Island Executive Airport garnered approximately $23,000 in new revenue that can be used as Collier County match contributions for Capital Improvement Projects. T- hangars are at 100% occupancy at the Marco Island and Everglades airports, and 90% at Immokalee. CLi Commissioner Comments: 4. Authority Budget I will continue to develop and effectively manage the Authority's budget. Self Analysis: Finance reports comparing actual revenues ancl ervs s. with budgeted revenues and expenses are provided to the Authority, the _C, #ynty Mani And Finance on a quarterly basis. , The proposed FY2013 Budget was prese la to the County ManWf in May and the Board of County Commissioners in June. 41 Commissioner Comments: Below Standards Meets Standards Exceed Standards Exceed 1 2 3 Rating Standards 1 4. Authority Budget I will continue to develop and effectively manage the Authority's budget. Self Analysis: Finance reports comparing actual revenues ancl ervs s. with budgeted revenues and expenses are provided to the Authority, the _C, #ynty Mani And Finance on a quarterly basis. , The proposed FY2013 Budget was prese la to the County ManWf in May and the Board of County Commissioners in June. 41 Commissioner Comments: S. Authority Personnel , O) ,. ; I heand wrll ue t'Iftiate cha n create a more efficient work environment. Ther¢II include hiring „mod refiring the best` employees and focusing on how to conduct better- clustomer service, Self Anal Staffing level for Cotet County Airport Authority remains on par with comparable airports within the sti Hof Florida. Although we have doubled the amount of operations VA at Immokalee Regional Airport, we provide the same level of service without increasing personnel. Commissioner Comments: Below Standards i WOW Meets Exceed 1 2 Standwds Standards Standards 1 2 3 Ratin S. Authority Personnel , O) ,. ; I heand wrll ue t'Iftiate cha n create a more efficient work environment. Ther¢II include hiring „mod refiring the best` employees and focusing on how to conduct better- clustomer service, Self Anal Staffing level for Cotet County Airport Authority remains on par with comparable airports within the sti Hof Florida. Although we have doubled the amount of operations VA at Immokalee Regional Airport, we provide the same level of service without increasing personnel. Commissioner Comments: Below Standards Meets Standards Exceed Standards 1 2 3 Rating 6. Operate Safe and Efficient Airports The Collier County Airports has experienced a few minor accidents with single engine aircraft pilots this year but none that involved loss of life. There were no accidents that the FAA attributed to an unsafe airport environment. We will continue to enhance and maintain airport equipment in a good state of repair to ensure a high level of safety. Policies and regulations will be updated to provide current safety practices utilized in the industry. In addition, recurring training will be administered to all employees to ensure exposure to the best industry standard practices. Self Analysis: The addition of the taxiway at the Marco Islatsautive Airport has substantially PAN' 7 i;.:i enhanced safety at the Airport. Grants were ap*Ared for Marco and Immokalee Regional Airport to bring the runways up to current say standards Airport staff has remained current /cert d in National Air Traci prtation Association Professional Line Service and Safety 1s' try ling ; Chen (fuel) pri ct integrity and refueler training; and first aid anr! CPR. Commissioner Comments: :i 7. Strive time mo i The `airports maife at si s this ye*'4o become more Self- Sufficient. This is a requirement of Colli+E. >irounty'`Ideral Aviation Administration and the state of Florida Depart' !'pt of Transpoeitation. We will cont 10 pursuCnOiew business opportunities for aviation use and non - aviation use of propertytll air pr Existing leases will be reviewed prior to expiration dates, and the airport will l .. a new rates base on fair market value rates. Self Analysis: Turbo Services started operation at the Immokalee Airport in July. They will boost fuel sales at an average rate of 2,000 gallons per month. In addition, we have successfully recruited flight schools which contributed to increased profits for fuel /tie -down fees and increased non - aviation uses with the Balloons over Paradise event, Harvest festival, rental car revenue and circus events. ,Wow Surds Meets Standards Exceed standards 1 2 3 watin :i 7. Strive time mo i The `airports maife at si s this ye*'4o become more Self- Sufficient. This is a requirement of Colli+E. >irounty'`Ideral Aviation Administration and the state of Florida Depart' !'pt of Transpoeitation. We will cont 10 pursuCnOiew business opportunities for aviation use and non - aviation use of propertytll air pr Existing leases will be reviewed prior to expiration dates, and the airport will l .. a new rates base on fair market value rates. Self Analysis: Turbo Services started operation at the Immokalee Airport in July. They will boost fuel sales at an average rate of 2,000 gallons per month. In addition, we have successfully recruited flight schools which contributed to increased profits for fuel /tie -down fees and increased non - aviation uses with the Balloons over Paradise event, Harvest festival, rental car revenue and circus events. Commissioner Comments: 8. Comply with all County, State and Federal Standards The administrative alignment of the Airport Authority was changed significantly last year. The former Airport Authority is now the Airport Advisory,89ard and the Board of County b Commissioners serve as the Airport Authority. As sucfi-; �Administrative Code for the Airport Authority is outdated. The Airport Rules ai .A lations and Minimum Standards have not been updated to reflect current operat'Yeir ments. We will work on updating Airport Rules. :`Regulations, Nium Standards and the Administrative Code or variation thereo ensure we are in compliance with current county, state and federal standards. We v also ensure., that all air is comply with the requirements for grant assurances. Self Analysis: The Collier County Airport Author ty.:has rt6 t . any ma* write ups from the Florida Department of Tray spWpttion annu*4afety irtsp n. Aff ugh we have experienced a a.i:... minor aircraft tents at a Airports opq,.,,q these 'dents have been attributed to staff non - compl with safet standart Below Standards Meets Standards Exceed Standards 1 2 3 Rating 8. Comply with all County, State and Federal Standards The administrative alignment of the Airport Authority was changed significantly last year. The former Airport Authority is now the Airport Advisory,89ard and the Board of County b Commissioners serve as the Airport Authority. As sucfi-; �Administrative Code for the Airport Authority is outdated. The Airport Rules ai .A lations and Minimum Standards have not been updated to reflect current operat'Yeir ments. We will work on updating Airport Rules. :`Regulations, Nium Standards and the Administrative Code or variation thereo ensure we are in compliance with current county, state and federal standards. We v also ensure., that all air is comply with the requirements for grant assurances. Self Analysis: The Collier County Airport Author ty.:has rt6 t . any ma* write ups from the Florida Department of Tray spWpttion annu*4afety irtsp n. Aff ugh we have experienced a a.i:... minor aircraft tents at a Airports opq,.,,q these 'dents have been attributed to staff non - compl with safet standart 9. Identify Projects b!,�,ri -,to Obtain Grant Opportunities The most beneficial means to develop county airports is through federal and state grant opportunities. The Collier County Airports have a twenty year master plan that is required to receive the greatest potential of grant funds. The Airports will continuously update the Joint Automated Capital Improvement Plan (JACIP) to ensure our projects are prioritized. We will work closely with the MPO, FDOT and FAA to ensure that information and costs provided are accurate. We will also seek other grant opportunities that may be available through other agencies. Below Standards Meets Standards Exceed Standards 1 2 3 Rating 9. Identify Projects b!,�,ri -,to Obtain Grant Opportunities The most beneficial means to develop county airports is through federal and state grant opportunities. The Collier County Airports have a twenty year master plan that is required to receive the greatest potential of grant funds. The Airports will continuously update the Joint Automated Capital Improvement Plan (JACIP) to ensure our projects are prioritized. We will work closely with the MPO, FDOT and FAA to ensure that information and costs provided are accurate. We will also seek other grant opportunities that may be available through other agencies. Self Analysis. The Marco Island Executive Airport has been awarded an FAA grant in the amount of $635,625 to design the restoration of Runway 17 -35 that is currently in very poor condition, and the aircraft apron that is in fair condition. The Immokalee Regional Airport has been awarded an FAA in the amount $713,565 to design the restoration of Runway 9 -27 that is currently in very poor condition. Commissioner Comments: t'. 10. Client Satisfaction /Customer Service We are striving to provide the O est level of custw service to our tenants and visiting pilots. Staff has renovated the t8s mh.W,area /pilot 16,V age to accommodate visitors to the 4. Airport. The Collier County Airport A6"Aho has also:'.0eated a quarterly newsletter to better communicate with tenants o the Ai This year we w develop ; pustomer $er�form tapi. help us to better evaluate our performance. ,will also gmonitor wab es that allow pilots to comment on their experience at our el rtS. a SeIfIS' „r;. t' I have-attached the co+nents'ived via AIRNAV for all Collier County Airports over the past ye;.: We will conte to fastie better relationships with customers that utilize all three Airpo. Commissioner Comments.-.' . Below Standards Meets Standards Exceed Standards 3L:;. 2 3 Rating .; We are striving to provide the O est level of custw service to our tenants and visiting pilots. Staff has renovated the t8s mh.W,area /pilot 16,V age to accommodate visitors to the 4. Airport. The Collier County Airport A6"Aho has also:'.0eated a quarterly newsletter to better communicate with tenants o the Ai This year we w develop ; pustomer $er�form tapi. help us to better evaluate our performance. ,will also gmonitor wab es that allow pilots to comment on their experience at our el rtS. a SeIfIS' „r;. t' I have-attached the co+nents'ived via AIRNAV for all Collier County Airports over the past ye;.: We will conte to fastie better relationships with customers that utilize all three Airpo. Commissioner Comments.-.' . 11. Upgrade Safety and Security at the Airport's Over the past year, we have noticed issues associated with the security at the Collier County Airports. We have conducted an independent security evaluation to determine alternatives to improving security 43 Below Standards Meets Standards Exceed Standards 1 2 3 Rating 11. Upgrade Safety and Security at the Airport's Over the past year, we have noticed issues associated with the security at the Collier County Airports. We have conducted an independent security evaluation to determine alternatives to improving security 43 We have noticed that the County has a great security monitoring program located on the County campus. Marco Island Executive Airport has a grant to upgrade security and we are also seeking one for the Immokalee Regional Airport. We would like to have connectivity with the County campus to enhance our security with 24 hour monitoring. Self Analysis: A security upgrade project was completed at the Marco Island Executive Airport in September 2012. The project cost was $60,000 and was funded 100% by FDOT. The Airport Authority has received an additional $6,121 for enhanced security system access control features. The total cost of these enhancements is $7,652. The Airport has recently conducted a detailed security assessment as rued by the Florida Department of Transportation's consultant, Kimley Horn. Securi`fiancements for the Immokalee Regional Airport are listed as our third priority for ,.- the JACIP. ,:* � Commissioner Comments: Below .;:'Meets 4Standards tip. Y. ards Exceed Standards 1 2 3 Rating i' 12. Public Outreach /Build Public Goocfill Airports are a.r} ::lirfi9egral 'pmt of coffin ;tW 'and' eve as generators of economic development. Th:e public mu- always bi tided of those benefits. I will c�;xo proms ges of airport to the communities and will seek A to be: 8vo "f'e b�assadoe ;' Self *:W, ysis: I have attetd and briefed for rotary meetings in Immokalee, met with the Naples Daily News, spoke at the Naplei fiotary, various Advisory Committees, and the Chamber of Commerce and ;;e as, aboard member of the Eastern Collier County Chamber of Commerce. I will coi'to seek other ways that I can adequately serve to enhance the relationship between the Airport's and communities. Commissioner Comments: Below .;:'Meets 4Standards tip. Y. ards Exceed Standards 1 2 3 Rating i' 12. Public Outreach /Build Public Goocfill Airports are a.r} ::lirfi9egral 'pmt of coffin ;tW 'and' eve as generators of economic development. Th:e public mu- always bi tided of those benefits. I will c�;xo proms ges of airport to the communities and will seek A to be: 8vo "f'e b�assadoe ;' Self *:W, ysis: I have attetd and briefed for rotary meetings in Immokalee, met with the Naples Daily News, spoke at the Naplei fiotary, various Advisory Committees, and the Chamber of Commerce and ;;e as, aboard member of the Eastern Collier County Chamber of Commerce. I will coi'to seek other ways that I can adequately serve to enhance the relationship between the Airport's and communities. Commissioner Comments: �y Below Standards Meets Standards Exceed Standards 1 2 3 Rating �y CONTINUING GOALS FISCAL YEAR 2012 - 2013 1. Administration, Management and Operations of the airports and airport facilities I have and will continue to initiate changes to expand the Collier County airports in accordance with the Airport Master Plan. I will strive to create business opportunities in a touch economical climate. 2. Airport Policies, Rules and Regulations, Programs ara$ireements I will strive to develop, streamline and impIerTtpni;i:b'nsisfW1 and standardized methods of operation. It is my goal to comply with.:- grant assuraikis required by the Federal Aviation Administration and the Florida,.a 'artment of Trans'pt" tion. I would like to create agreements that are fair to all t ants and Collier Coun*yr while meeting fair market value requirements. p r 3. Operate Safe and Efficient Alrpls , The Collier County Airports has a +enen <;a, few mfr r accidents with single engine aircraft pilots this y ;;but none th#* volvedim. of life. Tt pre were no accidents that the FAA attributedto an fe airport envi rnt: We will continue toy "hance ;atpd maintain *rport equipment in a good state of repair to ensure a fth level of-safety.,, M.' tes and replations will be updated to provide current safety utilize 'r ii' the `t ry p addition, recurring training will be acistered to'e#fploy to ensure ensure to the best industry standard practices. 4. Striv '!W become more SiiNf-SUA The airpor6'.'i»ade great *ides this year to become more Self- Sufficient. This is a requirement of.-Collier Catty, Federal Aviation Administration and the state of Florida Department of Trapp n. We will continue to pursue new business opportunities for aviation use and non - aviation use of property at all airports. Existing leases will be reviewed prior to expiration dates, and the airport will negotiate new rates based on fair market value rates. 5. Comply with all County, State and Federal Standards The administrative alignment of the Airport Authority was changed significantly. The former Airport Authority is now the Airport Advisory Board and the Board of County Commissioners serve as the Airport Authority. As such the Administrative Code for the 4-T Airport Authority is outdated. The Airport Rules and Regulations and Minimum Standards have not been updated to reflect current operational requirements. We will work on updating Airport Rules and Regulations, Minimum Standards and the Administrative Code or variation thereof, to ensure we are in compliance with current county, state and federal standards. We will also ensure that all airports comply with the requirements for grant assurances. 6. Identify Projects by Priority to Obtain Grant Opportunities The most beneficial means to develop county airports.!; � fough federal and state grant opportunities. The Collier County Airport Authority his „squired two grants; Marco Island . . Airport runway design, bid and rehabilitation ($63 QQ 1 -and Immokalee Regional Airport runway design, bid and rehabilitation ($780,0 'The: ;flier County Airports have a I.'L F, it twenty year master plan that is required to ree the great potential of grant funds. The Airport management will contirisly update the JoAutoma #ed Capital ... y..,.:- . Improvement Plan to ensure our projects': ate;prioritized.. We will closely with the MPO, FDOT and FAA to ensure that informaticillRid,, provided are�+irate. We will also seek other rant o ®' g pporturrra# may be ” ie through other agesncies. a ,e: 7. Client Satisfaction /Customer Service We are striving tQ" ± : e highest '< tel of c. service to our tenants and visiting pilots. A:A , This year we will d .Qp a, Customer seise form to help us to better evaluate our perfoF 1Ne wilt A mr ,.,websi*. that allow pilots to comment on their e ce at s. I h *:attached t coi4i is received via AIRNAV for all Collier r Co3y Airports. f.: 8. Upgrade.Safety and Secut#y at the rport's Over the past "ar, we ham noticed issues associated with the security at the Collier County Airports. "1 a have. - nducted an independent security evaluation to determine alternatives to imprrecurity We have noticed that the County has a great security monitoring program located at the County campus. Marco Island Executive Airport has recently completed a security upgrade and we have been able to garner additional grant money for additional enhancements. Immokalee Airport has recently been inspected by a security team under contract with FDOT. We have been working with them to elevate our priority for security upgrades with the FDOT. We would like to have connectivity with the County campus to enhance our security. 4& 9. Public Outreach /Build Public Good Will Airports are an integral part of communities and serve as generators of economic development. The public must always be reminded of those benefits. I will continue to promote the advantages of an airport to the communities, will seek to be a good ambassador, and will continue to seek ways that I can adequately serve to enhance the relationship between the Airport's and communities. 4:�— Collier County Airport Authority Administrative Code 100 The Authority Effective Date: 8/9/04 120: Authority Organization Revised Date: 120.02: Election of Officers Chairman Review and Approve: 8/9/04 Attorney's Review and Approve: PURPOSE: To identify officers of the Authority. LEGAL CONSIDERATION: The Authority shall select a Chairman, Vice Chairman, and Secretary. See Ordinance No. 2004 -3; Subsection (d), Section 18 -40 of the Code of Laws and Ordinances. POLICY: At the September Authority meeting of each year the Authority shall, from its members, elect a Chairman, Vice Chairman and Secretary to begin serving October 1 of that year. The selection procedure shall be as follows: The Chairman is elected first. Any member of the Authority (including the Chairman) may place the name of any other member "into nomination" for election as "Chairman." Nominations do not require a second. Each member of the Authority may place the name of any other member in nomination for Chairman. If only one name is placed in nomination, the nominations are then closed by motion and second and that individual is Chairman, usually announced by acclamation. If more than one name is placed into nomination for Chairman, nominations will be closed by motion and second. After nominations are closed, each member announces out loud his or her vote for Chairman from among the names in nomination. This is usually done from left to right or right to left, at the call of the Chairman. The first person to receive a majority of votes of the quorum present is elected Chairman. No election of the Authority Board is effective without a majority vote of the quorum of members present. A member may vote for self. Each officer may succeed self in Office. After the Chairman is elected, the Chairman shall immediately chair the meeting and accept nominations for the Vice Chairman and then Secretary using the same procedures for election of the Chairman. WIMMA AirNav: Immokalee Regional Airport at Immokalee Regional Airport Page 1 of 4 Navaids AAlrM a Fixeai Arietian Fuel [Phone APP 1946 users online QMMCV 4 V The Immokalee Regional Airport is the hub of business & entrepreneurship in Florida's 21 st Century. A full- service destination conveniently located within minutes of the Seminole Indian Casino & town of Ave Maria, the airport boasts two 5000'x 150' runways, rental cars, and 24 -hour Avgas and Jet A. Immokalee Regional Airport 122.90 165 Airpark Blvd Immokalee, FL 34142 239 - 657 -9003 Fax 239 -657 -9191 ImmokaleeAirportZ,collier og v.net www.colliergov.net/Index.aspx ?page =5 9 coin Y Services, Facilities and Amenities Aviation fuel services • Aviation Fuel (Jet A and 10OLL) • Aircraft Parking (Overnight and Long -Term) • Pilot Supplies • Rental Cars (Enterprise Rent -A -Car) • Computerized Weather • Courtesy Cars (Free For Pilots To Use In The Local Area) • Vending Machines (Soda and Snack) • Fresh Popcorn • Free WiFi • Pilot Lounge with Satellite TV Brand: W Chevron Fueling hours: during regular FBO business hours, plus after hours call -out service (with prior arrangement and/or a callout fee); call FBO for details. Fuel prices as last reported on 28- Aug -2012 10OLL Avgas Full service $5.61 Reported by the FBO 10OLL Avgas Self service $5.36 Reported by the FBO Jet A Full service $5.00 Reported by the FBO Jet A Self service $4.75 Reported by the FBO Prices include all taxes. Prices not guaranteed. I UPDATE PRICES Comments from AirNav users Comments are submitted by their authors and do not reflect the opinion ofAirNav, LLC. All comments must adhere to AirNav's Policy on Comments. AirNav's standard comment retention period is 3 years. Average rating: g - - , =- From Wayne Connor on 07- Aug -2012 V V 1 * Flew in for lunch with a flight of 4 airplanes. We were contacted on the CTAF upon landing and guided to parking spots in front of the office. The courtesy car was a nice seven - passenger minivan that we took to a nearby Mexican Restaurant (Lucinda's ?). If the wind is calm (and traffic permits) land on 18 and depart on 36, otherwise you will have a long way to taxi. From Donald McBride on 08-Jul -2012 IMM has great customer service, Chris Wiggins helped tie plane down and called Casino to pick us up, always very helpful From Paul Manzella on 18- Mar -2012 * * * * We landed at KIMM and were greeted on the Unicom radio by John who was out checking the runways for debris. He told us where to park and advised that he would be with us shortly to assist in getting the courtesy car so we can go for breakfast. John was very polite and courteous. I've flown into KIMM several times and it seems that all the staff there are very helpful and accommodating. Thanks again John. We may be back for the concert in April. See you soon. From Mark Herrmann on 17- Feb -2012 * .it �.r -X Extremely efficient and courtesy that exceeds all expectations. Our Cessna421 was fueled quickly and the loan of the crew van to have lunch was greatly appreciated. John Keith in operations is a true professional. From Paul Manzella on 30- Jan -2012 1 T .A. R a We flew into KIMM and was immediately greeted on the Unicom radio by the attendant, Chris W. asking if we needed fuel. He then marshaled us to our parking spot, chocked and tied down our A/C before we even got out. He then provided us with a well- equipped, clean and comfortable courtesy van so we can get some breakfast. Upon our return, the A/C was ready to roll after pre- flight. The ropes and chocks were removed as we walked out to the A/C. Thanks Chris. http: / /www.aimay.com/airporMMM/A 9/20/2012 We'll see you soon. From Mal Stallings on 26-Jan -2012 k On 26 Jan 2012 three airplanes arrived from FA37 (Wing South) for breakfast and fruit/veggie shopping downtown. From the time we arrived till we left you could not ask for a better experience: John Keith was there to park us and the crew van was clean and ready to go. Although we only had the opportunity to interact with John and Tiffany Mendoza (behind the desk) I should like to commend the FBO manager for having and obviously supporting such pleasant, courteous, and helpful employees. On departure John was right there to provide any needed muscle with loading our three lil' aeroplanes with the fruits (and veggies) of our labor. WHAT A NICE EXPERIENCE! From Rick Raja on 08- Jan -2012 * * A * * Very friendly and courteous staff. Provision of courtesy vehicle is great if you want to go have lunch in town. From Johnny Carter on 31- Dec -2011 W *'X r * In and out of south FL a lot, and have never used IMM. Now having done so I would highly recommend this airport. Thomas Vergo airport manager and his crew are great. The only cons are they close a 5 PM & there is considerable amount of AG flying at the airport. The AG guys do monitor CTAF and work with the other traffic. It is sure much easier than the ZOO at Naples and Marco. ' From Shari Meyer on 20- Nov -2011 * * * * * We took a short vacation to Naples (KAPF) but found the Jet A price was more than $1.00 /cheaper at KIMM. The tie down fees at KIMM are also $35 /night cheaper than at KAPF. The staff was very friendly, John was helpful in every way. The car rental was waiting for us and John had us on our way in no time. I would highly recommend KIMM. From Joe Gleason CESSNA 310J N3003L on 13- Apr -2011 * * W * * Flew in on April 10, 2011. FBO is excellent, self serve pump price was one of the cheapest in South Florida. Courtesy car to go get a bite to eat. From Pete Taylor on 11- Apr -2011 Visited April 10th, Very Helpful Unicom with advice on which runway most convenient to the FBO, Very Nice facility too, good price on fuel From Joe Gleason, Cessna 310 N3003L on 10-Apr -2011 Stopped in today for best priced fuel in South Florida. Excellent service nice facility and courtesy car to get barbecue. Thanks. From Jerry Kutsop, GPK N759TS on 13- Mar -2010 Flew to IMM the other day to check it out and go to the Casino for lunch. Airport http : / /www.aimay.com/airport/KIMM/A 9/20/2012 AirNav: Marco Island Executive Airport at Marco Island Airport Page 1 of 3 _ • lull Service Fixed NSEd opva'ors BED' S - 2ahr U.S. immigration and Customs ""'�`� • ATC and Airport On -Site ARFF AIRSOSS iqiiii Marco Island Executive Airport at Marco Island Airport Services Aviation fuel services • Airport management Brand: Chevron • Aviation fuel Fueling hours: during regular FBO business hours, • Aircraft parking (ramp or tiedown) plus after hours call -out service • Hangar leasing / sales (with prior arrangement and/or a • GPU / Power cart callout fee); call FBO for details • Passenger terminal and lounge • Catering Fuel prices as last reported on 17- Sep -2012 • Pilot supplies 100LL Avgas Full service $5.91 • Rental cars Jet A Full service $5.79 • Courtesy transportation • ... Discounts: Jet A volume discount, pre-paid discount available. Prices include all taxes. Prices not guaranteed. GO MEW Contact information Address: 2005 Mainsail Dr. Naples, FL 34114 United States of America Telephone: 239 - 394 -3355 Fax: 239 -642 -5427 Email: marcocustomerservice @collier og, v.net Web site: www .colliemviation.com /marco.htm Comments from AirNav users Comments are submitted by their authors and do not reflect the opinion of AirNav, LLC. All comments must adhere to AirNav's Policy on Comments. AirNav's standard comment retention period is 3 years. Average rating: From Robert Evans on 28- Feb -2012 I am there 4 or 5 time a winter great FBO rental cars from Kathy at Avis will bring car out to you From Wayne Connor on 21 -Oct -2011 Attr%- / /xxmxmir airn air r•nm /airTnt -tM KAKV /A 0 /1n/1A11) AirNav: Marco Island Executive Airport at Marco Island Airport Page 2 of 3 Flew in with a flight of four for lunch. Parking was interesting, since most of the tiedowns are marked "Reserved" and the space closest to the building isn't really for parking (although it looks like all of the others). Granted, the linemen were busy with a couple of jets that had just arrived, so were not able to wave us in to the correct spaces...We'll know next time. Overall nice new facility with a full size courtesy van for transport to the "Snook Inn" for a great lunch. There is allot of construction going on, building much needed taxiways. From Dale Bruschi on 21 -Aug -2011 :. Flew in on Sunday afternoon for a short daycation. Lots of runway, although no taxiways as of yet, so you have to taxi back on the runway. New taxiways are being built now and will be done in the next 2 months. Service was excellent. Got our plane parked and came right out and fueled up the plane. Fuel was very reasonable. The FBO is very nice inside and the staff immediately offered a courtesy van to be able to go into town and look around and get a bite to eat. We went to the Snooks Inn on the water and the food and atmosphere were excellent. Would recommend this airport and FBO. Lots to do nearby. A fun day trip or weekend trip. From Richard Lane on 15-Jun -2011 r. r We flew our Maule to Marco Island for a weekend stay. The nice lineman (Franco) met me on the ramp after giving instructions over radio to park at any open tie down. He tied down the airplane while I unloaded. Nice airport with coffee and popcorn and a nice pilot lounge. Fuel order completed as requested. $15 per night parking is reasonable. Marco Island is a very pretty destination with a good airport. From Jay Kanik on 07-Jun -2011 v x t. 4 After the poor review I received a call from the airport manager and he was very diligent about making sure my experience was the exception rather than the rule. In fact he met me at X01 the following week, which was much appreciated. Everyone is entitled to an off day, and after my conversation with the Mgr. I believe this was the case in Marco. From Jay Kanik on 25-Apr -2011 Would consider ditching in the water before landing here again. Landed on 422 -11, and respecting the meaning of the word RESERVED (which marked every tie down), I passed the few open spaces when I received instruction from a lineman laced with attitude to park in any space. Once inside the staff was annoyed at best (and combative at worst) with any question regarding local attractions / cabs, crabs or car rentals. In filling out a fuel slip asked for 10 gallons of I OOLL in each tip tank only to return from a poor meal at the Snook Inn to find god knows what was put in the mains. When confronting the desk about the fuel was told "I put the fuel in the wings" I questioned, "The wings or the tips as indicated on the slip ?" and got a response of "Oh well I didn't pay attention to that." Followed by what the hell are you going to do about it look. Go to X01 for better food, service, and overall experience. From Steve Cohen on 23 -Apr -2011 r ^ _r Flew in for lunch on Easter weekend. The place was crowded with planes and the crew car was already loaned out but Maria gave us the keys to her personal car and directions to restaurant. How's that for personal service? Had a wonderful lunch at Snook Inn. Thanks Maria we will be backl From Lee McAllister on 01- Nov -2010 - - 1. Great FBO, spent the weekend in Marco Island with a Saturday trip to Key West, needed refueling twice and Maria did a great job looking after our Baron. Also had a great suggestion for a local restaurant, the Snook Inn, great seafood. `7 ADD YOJR LQkNEW , 1,4+„• /Ai—mr r•nm /air^nr*fV'k YV /A 0/^1!1MAV) AirNav: Everglades Airpark at Everglades Airpark -A1RNfiv.com Mawift Page 1 of 3 Everglades Airpark at Everglades Airpark No information available On this page we can display a detailed listing with information that pilots, dispatchers, and aircraft owners and operators look for about Everglades Airpark, including: • full contact information • link to your web site • full list of services and amenities • fuel prices, brand, hours, discounts, and fuel services information • your logos • photos of your facility • ... and much more. 1969 users online QM37 Did you know that over 12,000 unique visitors per day come to AirNay.com seeking information about airports and the services available there? And that over 540 each month specifically look for the Everglades Airpark? If you are affiliated with Everglades Airpark and would like to reach out to this community, you should purchase a listing on AirNay.com. If you are not affiliated with Everglades Airpark and would like their contact and services published here, you may want to suggest it to them. Comments from AirNav users Comments are submitted by their authors and do not reflect the opinion of AirNav, LLC. All comments must adhere to AirNav' E9j&v on Comments. AirNav's standard comment retention period is 3 years. Average rating: - - % ,t From Wayne Connor on 05- Jul -2012 fi ^ , Six of us flew in for lunch in a flight of 4 airplanes. There is limited parking on the pavement, but plenty of well- maintained turf to park on. The owner of the Seafood Depot shuttled us to the restaurant for some'gator tail and delicious fish sandwiches. After lunch, we had to wait out some thunderstorms passing through, so we got a chance to chat with the airport manager. Nice clean facility. We'll be back! From CJ Wren on 12 -May -2012 ' • Very friendly and accommodating airport. Dirt cheap tie downs and fuel, and some of the best seafood restaurants 1/2 mile away. To add to it, some of the restaurants will even pick you up! Highly recommended. From Jay Kanik on 21 -Dec -2011 , The best people at this airport, visit 15 times per year, and always treated exceptionally well. Mtn• /Aimxmxr airna %r rrnm /airnnrt/)((11 /A or)n /)ni I AirNav: Everglades Airpark at Everglades Airpark Page 2 of 3 From Taylor Robinson on 25-Mar -2011 This is a wonderful little airport to visit. Close to town a couple of neat hotels and great food. Everyone is very nice. Great scenery too! From Billy Byers on 22 -Mar -2011 - What a great old Florida airstrip! Nathan was very helpful, Pancake Breakfast was perfect for us since we camped under the awing the night before! Make sure you stop in and visit the City!!! Its great and they WANT your business, great hospitality! From Ed Fischer on 31- Dec -2010 Excellent, friendly small -town facility. Stayed overnight at Ivey House (excellent), and ate twice at Camellia St. Grill (fabulous local food, wacky decor); both are about one mile from sp ' airport. Also, Everglades Visitor Center, with 90- minute boat rides, kayak/canoe tours, etc. Is about one mile from airport (opposite direction from town). And check out the Everglades City Museum! Rod and Gun Club is worth a peek inside even if you don't eat there. From Mace Horoff on 22 -Dec -2010 I flew in here numerous times over the last 17 years - -great place Yesterday I got to go around twice after using the Marco Island AWOS for wind. It indicated a crosswind, but it was blowing straight down 33, which is the runway I was using. I had a hard time spotting the windsock (it's on the approach end of IS) until I was flying past it the second time. No one answered Unicorn. It would be nice if they put a second windsock on the field. Lesson learned - be certain of the wind direction before landing based on local references! X01 is a nice airport and Everglades City is a visit to old Florida. From Ron Ferraiuolo, N739XL on 11- Nov -2010 z x '• * m_ On approach, Al gave me plenty of detailed info on the crosswind so that I was prepared. Upon arrival, Al was loaded with info as to airboat rides and where to eat. All worked out fine, including a free ride into town and free ride back to the airport. GREAT friendly place and we will be back. THANKS Al for all your help. From Carlos Claudio on 03 -Aug -2010 a v. -4 t ,,. This is a great stop to enjoy the view. Friendly people. Heather's coffee blend is the best. Don't forget to land on the numbers at 1.3 Vso. From Ed Ross on 07- Mar -2010 Flew in for a Sunday lunch. The FBO was clean and the gentleman at the desk was very helpful. It was our first time so we did not know where to go to eat. There is a book in the FBO with all of the restaurants listed. We chose the TRIAD Seafood Restaurant. The food was hot, fresh and delicious. We even took back a couple of pounds of stone crab on ice. Did not need to rent the bikes as someone from the restaurant came to pick us up and bring us back ... Only about a mile away. The self -serve pump worked fine. Most of the parking is on the grass and the ground was firm. Fun, scenic place... Will definitely come back. Note: the Unicom/CTAF frequency is 123.075 not 122.9 r-Y AZ D YwR �o�ati eur Where would you like to go next? • Everglades Airpark information • Subscribe to a listing on this page (employees or agents of Everglades Airpark only) bttn• /Axnxnxr a ;rnav nnm /a ;rnnrtfVOI /A AMA 111%1 n