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Agenda 04/25/2017 Item #16G104/25/2017 EXECUTIVE SUMMARY Recommendation to approve staff’s recommendation of aviation service providers for vacant space at the Marco Island Executive Airport and authorize the Chairman to sign the attached Collier County Airport Authority Standard Form Lease Agreement with Island Air Charters, Inc. for office and counter space at the Marco Island Executive Airport. OBJECTIVE: To generate revenue by leasing vacant space and provide commercial aeronautical services to the general public at the Marco Island Executive Airport (MKY). CONSIDERATIONS: On January 13, 2017, the Collier County Airport Authority (Authority) received written notice of the intent by Raven Air Marco Island, LLC, d/b/a Island Hoppers (Raven Air) to vacate approximately 168 square feet of office and counter space in the main terminal building at MKY. Because several qualified aeronautical operators expressed interest in the space vacated by Raven Air, Airport staff solicited competitive proposals in accordance with Authority policy. The request for proposals was advertised on the Authority’s website, in the Naples Daily News, and email notices were sent to existing tenants and aviation service providers that previously expressed interest in leasing the space. With the assistance of the Procurement Services Division, a selection committee was convened to evaluate the two proposals received in terms of their projected economic impact to MKY and overall operational and strategic benefits to the Authority and Collier County. The committee by consensus decision made the following recommendation: Proposer Recommendation Island Air Charters Award Career Flight Training & Aircraft Rental, Inc. Do not Award Island Air Charters has over thirty years experience providing public air charter service out of Fort Lauderdale/Hollywood International Airport, and the operation as proposed would fill a current air service need at MKY to destinations that include Key West and the Bahamas. Authority and Real Property Management staff prepared the attached lease agreement, which provides office/counter space at MKY for administrative and customer service related to the Lessee’s air charter and maintenance activities. The term of the lease is five (5) years, with a sixty (60) day early-termination provision. The initial lease rate is $265.85 per month, plus an annual Commercial Operating Fee of $200.00, plus applicable taxes, in accordance with the currently approved rates and charges FISCAL IMPACT: Monthly rent in the amount of $265,85, plus an annual Commercial Operating Fee of $200, plus applicable sales tax of 6%, shall be deposited in Authority operating Fund (495), Marco Island Executive Airport Cost Center (192370). The Authority will also benefit from aircraft parking fees and fuel purchases resulting from the Lessee’s operations. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. 04/25/2017 LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. - JAB RECOMMENDATION: To approve staff’s recommendation of aviation service providers for vacant space at the Marco Island Executive Airport and authorize the Chairman to sign the attached Collier County Airport Authority Standard Form Lease Agreement with Island Air Charters, Inc. for office and counter space at the Marco Island Executive Airport. Prepared By: Justin Lobb, Airports Manager, Airport Authority ATTACHMENT(S) 1. Island Air Lease 2017_CAO Stamp (PDF) 2. Island Air Proposal (PDF) 3. 17-7145 Final Ranking (PDF) 4. 17-7145 Notice of Recommended Award (PDF) 04/25/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doc ID: 3005 Item Summary: Recommendation to approve a Collier County Airport Authority Standard Form Lease Agreement with Island Air Charters, Inc. for counter and office space at the Marco Island Executive Airport. Meeting Date: 04/25/2017 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 04/03/2017 12:46 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 04/03/2017 12:46 PM Approved By: Review: County Attorney's Office Debra Brueggeman Level 3 County Attorney's Office Review Skipped 04/03/2017 12:42 PM Office of Management and Budget Debra Brueggeman Level 3 OMB Gatekeeper Review Skipped 04/03/2017 12:42 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/19/2017 9:00 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/25/2017 9:00 AM COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE This Collier County Airport Authority Standard Form Lease, hereinafter referred to as "Lease," is entered into this day of , 2017, by and between ISLAND AIR CHARTERS, INC., a Florida corporation, whose mailing address is 1050 Lee Wagener Boulevard, Suite 100 and 102, Ft. Lauderdale, Florida 33315, hereinafter referred to as `Lessee,' and the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as "Authority," collectively stated as the `Parties.' WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Authority leases to the Lessee the present possessory interest in the Premises described below. 2. Description of Premises. The Leased Premises, which is the subject of this Lease, is a counter and office, located at the Marco Island Executive Airport, in Collier County, Florida, as shown in Exhibit "A," hereinafter referred to as the "Premises." 3. Conditions to Convey Lessee warrants and represents to Authority that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Lease. 4. Use of Premises. Lessee shall utilize the Premises solely for counter and office space for administrative and customer service purposes related to air charters, sightseeing tours, and aircraft maintenance. Authority shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the purposes described herein, and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the Authority, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Premises. Lessee shall not use or allow anyone to use the Premises for residential purposes or as a public meeting Page 1 of 10 r p C�t"Q`)i place or facility of any kind. Lessee shall not store any vehicles, equipment or aircraft on or near the Premises. Lessee shall be allowed to park in the parking area adjacent to the Premises. 5. Permissible Alterations and Additions to Premises Lessee may not make any alterations or additions to the Premises without obtaining Authority's prior written consent, which consent may be withheld in Authority's sole discretion. Lessee shall submit to Authority plans and specifications for all alterations and additions at the time Authority's consent is sought. 6. Term of Lease. The term of this Lease shall commence on the date first above written and shall continue on a month-to-month basis until at least 30 days' written notice to terminate is give by one party to the other party. 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum of $265.85 monthly (the `Base Rental'), plus applicable sales tax, currently 6% or $15.95, for a monthly total payment of $281.80, which shall be due and payable in advance by the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1/30'') of the monthly rental multiplied by the number of rental days of such fractional month. The lease rental rate shall at no time be less than the Base Rental. The Authority and Lessee, however, agree and stipulate that the lease rental rate shall be unilaterally increased by the Authority, annually in accordance with the Authority's lease rental rate adjustment program. Currently the adjustment program is based on changes in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index (the Index for U.S. City Average for Urban consumers). All rents and fees shall be made payable to the Collier County Airport Authority, and mailed by first class letter, postage prepaid, or personally delivered, to the Administrative Offices at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, or such other address as the Airport Manager may designate in writing. In addition to rent, Lessee will pay an annual Commercial Operating Fee per the approved Rates & charges. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due, and prior to any delinquency, all costs, fees, taxes, trash removal services, assessments, utility charges, and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Authority harmless from any and all claims, costs and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Authority by reason of Lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Authority shall so request, at Lessee's expense, by counsel reasonably satisfactory to Authority. It is specifically agreed however, that Authority may at its own cost and expense, participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Authority in the Premises shall not be subject to liens for improvements made by the Lessee and Page 2 of 10 liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Authority in the Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, interior painting with Authority's Airport Manger's approval, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of Authority, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, Authority may cause the same to be corrected and Lessee shall promptly reimburse Authority for the expenses incurred by Authority, together with a 5% administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect appropriate signage on the Premises and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances and approved by the Authority; Authority's consent will not be unreasonably withheld. 12. Casualtv and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee and Authority, by fire or other casualty, Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Authority provides the Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Authority, in which event, Proceeds shall be promptly remitted to Authority. If the Authority elects not to repair or replace the improvements, then Lessee or Authority may terminate this Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by Lessee and Authority, Lessee will proceed with reasonable diligence, at no cost or expense to Authority, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. Page 3 of 10 b. Condemnation. Authority may terminate this Lease by written notice as part of a condemnation project. Authority will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Authority be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Authority, its duly authorized agents, contractors, representatives and employees, shall have the right, after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, no later than the final day of the lease term, Lessee shall redeliver possession of the Premises to Authority in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs. However, at the termination of this Lease, Authority shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the Premises which improvements and fixtures will become the property of the Authority upon Lessee's vacation of the Premises. 15. Assigmment. This Lease is personal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the Premises by Lessee without the express prior written consent of the Authority, which consent may be withheld in Authority's sole discretion. Any purported assignment or sublet without the express written consent of Authority shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Authority may freely assign this Lease upon written notice to Lessee. 16. Insurance. The Lessee shall provide all insurance deemed appropriate by the Authority, as determined by the Collier County Risk Management Department, as set forth on the attached Exhibit `B". Failure to continuously abide with all the required insurance provisions shall be deemed to be a material breach of this Lease and Authority shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. Page 4 of 10 A� V. Making of a general assignment of the benefit of creditors. vi. If Lessee suffers this Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's failure to utilize the Premises as set forth in this Lease. viii. Any lien is filed against the Premises or Lessee's interest therein or any part thereof in violation of this Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. ix. Failure of Lessee to perform or comply with any material covenant or condition made under this Lease, which failure is not cured within ninety (90) days from receipt of Authority's written notice stating the non-compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Authority as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Lease may be immediately terminated by Authority except to the extent then prohibited by law. b. Remedies of Authority. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Authority has removed and stored property, Authority shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Authority shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Authority under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Authority a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Authority. Page 5of10 iii. Authority may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise. Authority shall be entitled to reasonable attorneys' fees and costs incurred arising out of Lessee's default under this Lease. Default by Authority. Authority shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Authority shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Authority by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Authority has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Authority's breach of this Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Authority's breach of this Lease. Lessee's remedies for Authority's default under this Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Authority under this Lease. ii. Lessee may cure any default of Authority and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Authority. Authority will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Authority, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non -Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Authority. No waiver by Lessee or Authority of any breach of any provision of this Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent Page 6 of 10 breach of the same provision, irrespective of the length of time that the respective breach may have continued. 18. Lease Manual. Lessee shall be provided with the Authority's Lease Manual, 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 Lessee shall be bound by the terms of this Lease Manual, as of the 1St day of the second month Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Lease Agreement which are in conflict with the Lease Manual, the Lease Manual shall control. 19. Rules and Regulations. Lessee shall comply with the Authority's published Rules and Regulations for this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders and regulations. Miscellaneous Legal Matters 20. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 21. This Lease contains the entire agreement of the Parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease by the Parties. 22. In the event State or Federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. 23. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows: Page 7of10 If to Authority: Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 If to Lessee: Island Air Charters, Inc. C/O Linda K. House 1050 Lee Wagener Boulevard, Suite 100 and 102, Ft. Lauderdale, Florida 33315 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 24. Lessee is an independent contractor, and is not any agent or representative or employee of Authority. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Authority. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Authority is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee -employer relationship and that Authority excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 25. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease, or of any inability to perform an obligation under this Lease, if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 26. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub -contractors, sub -sub -contractors, material men and/or suppliers to engage in such activities upon or about the Leased Premises. 27. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found Page 8 of 10 in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 28. AiKport Development. The Authority reserves the right to further develop or improve the buildings, the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the Lessee, and without interference or hindrance. 29. Ai orp rt Operations. Lessee shall prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, and will restrict the height of structures; objects of natural growth and other obstructions on the Premises to such height as to comply with Federal Aviation Regulations, Part 77. 30. Nondiscrimination Clause. The Lessee for himself, his personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded in participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3) that the Lessee shall use the Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Authority shall have the right to terminate this Lease and to re-enter into another lease as if this Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21, are followed and completed, including exercise or expiration of appeal rights. 31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and subject to all existing agreements between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and the Authority and Collier County. During the time of war or national emergency, the Authority shall have the right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, and, if such lease is executed, the provisions of this Lease insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 32. Lessee shall execute this Lease prior to it being submitted for approval by the Collier County Airport Authority. This Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Lease, at Lessor's sole cost and expense. Page 9of10 IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the day and year first above written. AS TO THE LESSEE: Witness (signature) (print name) Witness (signature) (print name) AS TO THE AUTHORITY: Attest: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney �0 Island Air Charters, Inc. LINDA K. HOUSE, President & CEO Board of County Commissioner of Collier County, Florida, service as the Collier County Airport Authority PENNY TAYLOR, Chairman Page 10 of 10 0 W F- W aaa x a m U U) X Q U Z W 0 L a0 Q J U) Cp 0 0 LL 0 co 0 0 LL 0 Z O 0 Z Y Q a H LL d' U ry Q Exhibit B Insurance and Bonding Requirements- Airport Facility Leases ® Aviation Tenant ❑ Non -Aviation Tenant Insurance / Bond Type Required Limits 1. ® worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ❑ Employer's Liability $ single limit per occurrence 3. ® Commercial General Bodily Injury and Property Damage Liability (Occurrence Form) patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. ® Indemnification To the maximum extent permitted by Florida law, the Lessee 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 Lessee or anyone employed or utilized by the Lessee 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. 4. ❑ Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. ® Other insurance as ❑ Airport Liability Insurance $ Per Occurrence noted: bodily injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability ® Aircraft Liability Insurance $1,000,000 Per Occurrence bodily injury and property damage ❑ Pollution Liability Insurance $ Per Occurrence bodily injury and property damage ® Property Insurance — Replacement Cost -All Risks of Loss 6. ® Lessee shall ensure that all sub -lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. ® Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required 8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the name of the Lease and location of the leased property. 9. ® Thirty (30) Days Cancellation Notice required. RLC 3/15/2017 Company Name Page 1 Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of this Lease agreement. Name of Firm Lessee Signature Print Name Insurance Agency Agent Name Date Telephone Number Company Name Page 2 For the reaf Isfand Experience... Ffy IsfandAir Charters, Inc. February 23, 2017 Justin Lobb Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 RE: Proposal to conduct business out of Marco Island Airport Dear Mr. Lobb Island Air Charters, Inc. is a 135 operation, operating under all of the rules and regulations as required by the FAA. Our current aircraft are as follows: B -N2 Brittain Norman Islanders 138LW 209RG 779KS Navajo Chiefain 257SH Our reservation system and counter is located at Ft. Lauderdale International airport, Sheltair FBO, 1050 Lee Wagener Blvd., Suite 100 and 102, Ft. Lauderdale, FL. 33315. Our maintenance hangar and corporate offices are located at 2321 NW 55th Ct., hangar 18, Ft. Lauderdale Executive airport (Sheltair), Ft. Lauderdale, FL. 33309. Island Air Charters, Inc. has the desire to expand our operation to service Key West, the Bahamas, and other west coast Florida destinations as interest grows. Although Island Air Charters has been in business for over 30 years, we are not known on the west coast of Florida. The majority of our flying is to the Bahamas. Establishing our presents will require a series of marketing strategies. For example, we would expect Marco Island airport personnel to promote us as `the new (old) kids on the block!' Also, personal visits to the hotels, motels, and businesses would be put in place immediately to introduce our company. In addition, we have a vertical banner that we would want to Reservations: 954.359.9942 • 800.444.9904 • Fax: 954.359.5870 • www.islandaircharters.com 1050 Lee Wagener Blvd. • Suite 102 & 104 • Fort Lauderdale, FL 33315 put in the terminal, if allowed. Also, advertising in local publications would be in the marketing plan. Currently, we have 5 pilots, with 2 more in ground school. We have three passenger service agents, with one being fluent in Spanish. As required, we have a Director of Operations, David Culver, Director of Maintenance, Ron Oberholtzer, Chief Pilot, Bill Ford. Another mechanic is being hired as I write this proposal letter. A brief bio of the four major staff members is enclosed with this proposal letter. It is imperative that we have maintenance support at Marco Island airport if we are to put even one plane there. Since the hangar is leased, David Culver, DO, spoke to Hal Brannon, currently in the hangar, to discuss his ability to do maintenance on our planes. A mutual agreement was reached between David and Hal. Hal has agreed to be placed on our drug program so he can supply maintenance support for us. The person that will initially be responsible for getting Island Air known and started out of Marco Island will be Linda House, CEO. In time, a full time person will be hired to work at the counter. Reservations will be coordinated with our passenger service agents at Ft. Lauderdale International airport. Currently, we have a very interested corporation that has signed a letter of intent to purchase Island Air Charters. Their plans are much bigger than ours, with shared interest to conduct business generated out of Marco Island. Unfortunately, I can't disclose what those plans are, or if, 100%, they will come to fruition. I realize that this sounds vague. But, timing has been an issue for them and us. I hope to have something more concrete within the next week. We have an excellent safety record with an open, fair and respectful rapport with the FAA. Our Principal Operations Inspector is Rick Shorr. He can be reached at 954-641- 6107 if you feel the need to verify our information. In addition, also included with this letter is our Air Carrier Certificate and Certificate of Insurance. We look forward to a long, successful and profitable relationship with Marco Island Executive Airport. Understanding that you have decisions to make as to whom you want to take over the counter, we hope that every consideration will be made for Island Air Charters, Inc. Kindest regards Linda K. House President & CEO BIOS FOR: Linda K. House - President & CEO David J. Culver - Director of Operations Ronald L. Oberholtzer - Director of Maintenance William W. Ford - Chief Pilot MEMO - Following are short bios for the above mentioned staff members. The experience level is extensive, however, just touching on a few highlights. But, you can see that we bring to the company a well-rounded and balanced team, with different strengths and levels of expertise, talent and interests. Combine all of these attributes and backgrounds and it equals knowledge for the business of aviation and the industry and a great caring for the public and our passengers, as well as our employees. "For the real Island experience, fly Island Air Charters, Inc. " Linda K. House President & CEO Island Air Charters, Inc. 1050 Lee Wagener Blvd. Suite 102 Ft. Lauderdale, FL. 33315 BIO FOR LINDA K. HOUSE Linda K. House is currently the President and CEO of Island Air Charters, Inc. While co -owning and managing a custom residential construction and development company for 30 years, she was awarded 11 gold and 1 silver award for her work. Linda also, during this time, earned her commercial/instrument ratings, enjoyed cross-country air racing and increased her flying proficiency by taking aerobatics from a world aerobatic coach. From 2001 to 2007, she worked as a life coach interpreting behavioral assessments to assist her clients in removing obstacles in order to break away barriers that held them back from their goals. In 2007 she purchased Island Air Charters, expanding their fleet, as well as the destinations from only two islands served by the previous owners to multiple islands in the Bahamas. Linda has two children, a son who flies for American Airlines, and a daughter who is a manager for Blue Cross Blue Shield. In addition, she has 3 grand children, David J. Culver Director of Operations Island Air Charters, Inc. BIO FOR DAVID J. CULVER David J. Culver is currently the Director of Operations for Island Air Charters, Inc. David J. Culver has been a professional aviator for 47 years, during which he has accumulated 27,000 flight hours as an airline transport pilot, with the majority of those hours attained while flying three and four engine heavy jet transports around the world for US FAA certified Part 121 air carriers. Captain Culver, also, served in the Navy flying F -4s. On the management side of his career, he was part owner of Tropical Airways, an FAA Part 121 Supplemental Air Carrier operating two DC -8 aircraft, as well as held the Chief Pilot, Director of Safety, Director of Training, Flight Instructor, Ground Instructor, and Check Airman titles for several air carriers. In the mid -nineties he formed an aviation consulting business to assist air carriers and commercial operators with operational and FAA compliance issues. Captain Culver's FAA license inventory includes Airline Transport Pilot with ten type ratings, Flight Instructor, Instrument Instructor, Multi -engine Instructor, Flight Engineer, and Airframe and Power plant mechanic (A & P). Ronald L. Oberholtzer Director of Maintenance Island Air Charters, Inc. Ronald L. Oberholtzer, "Ron", is currently the Director of Maintenance for Island Air Charters, Inc. Mr. Oberholtzer started his aviation career in high school as an aero mechanics major. Ron enlisted in the USA Air Force where he accomplished USAF Technical Training, aircraft mechanic technical, B-36 mechanic specialist, R4360 engine mechanic specialist, B-29 flight engineer technical ground training, C-124 flight engineer ground training and C-124 flight training. Ron was hired by Eastern Airlines and served as F/E on Lockheed L749, L1049, L1049 C, L1049G, Douglas DC6 and DC7, and Lockheed L1011 Electra. After his time there, he was hired by Riddle Airlines as a Douglas DC7 -C flight engineer and C4 6 co-pilot until Universal Airlines scooped him up as their flight engineer and co-pilot on AW 650 aircraft and flight engineer on L-188. Throughout his vast aviation career, Mr. Oberholtzer has worked as a free lance F/E, pilot and A & P mechanic for various airlines and general aviation, as well as Director of Operations, Chief Pilot, Director of Maintenance, and Chief Instructor for various FAR 135 operators. Ron holds an FAA certification as an ATP pilot, DC3 type rating, flight instructor (airplane & instrument), flight engineer (piston & turboprop), ground instructor (advanced & instrument) and A & P mechanic, with inspection authorization. William W. Ford Chief Pilot Island Air Charters, Inc. BIO FOR WILLIAM W. FORD William W. Ford, "Bill', is currently the Chief Pilot for Island Air Charters, Inc, Captain Ford was a co-owner of a 135 charter company, with over 7000 flight hours before taking the position as Chief Pilot for Island Air Charters. He has a BS degree in computer science from Sacramento State University, and worked for Hewlett Packard as a field service engineer. In addition, Captain Ford served in the US Army in multiple theaters of operations. While in the Army, he coached special Olympic athletes on International level 1 (teaching kids to ski in the winter and swim in the summer), ranging from Europe to Asia. "Bill" speaks seven languages. In addition, he worked for the Federal Government for 8 years as a VA cop! Captain Ford is a NAUI (National Association of Underwater Instructors) scuba instructor who, also, works with local disabled veterans and community special needs groups. OW US Department of Transportation Federal Aviation Administration Air Carrier Certificate This certifies that ISLAND AIR CHARTERS, INC. 2321 NW 55TH COURT HANGER 18 FORT LAUDERDALE, FLORIDA 33309 has met the requirements of the Federal Aviation Act of 1958, as amended, and the rules, regulations, and standards prescribed thereunder for the issuance of this certificate and is hereby authorized to operate as an air carrier and conduct common carriage operations in accordance with said Act and the rules, regulations, and standards prescribed thereunder and the terms, conditions, and limitations contained in the approved operations specifications. This certificate is not transferable and, unless sooner surrendered, suspended, or revoked, shall continue in effect indefinitely. Certificate number: ISCA092F Effective Date: 03/24/1988 REISSUED: 01/04/2013 Issued at: SO -19 FAA Form 8430-18 (8-87) Electronic Forms (PDF) By Direction of the Administrator D. SERGIO LOPEZ f (Signature) MANAGER (Title) SOUTHERN REGION, FSDO-19 (Region/Office) POLICY NO.: NAF6002978 ATTACHED TO CERTIFICATE # 10 CERTIFICATE OF INSURANCE THIS IS TO CERTIFY TO: To Whom It May Concern THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO: Island Air Charters, Inc. 1050 Lee Wagener Boulevard, Suite 102 Fort Lauderdale, FL 33315 POLICY NUMBER: NAF6002978 POLICY PERIOD: From August 26, 2016 To August 26, 2017 INSURANCE COMPANY: American Alternative Insurance Corp. DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which is incorporated as a part hereof. This certificate is issued as Evidence of Coverage only. Subject to Date Change Recognition Endorsement. Data included in this Certificate valid as of August 26, 2016. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policies. Should the described policy be cancelled before the expiration date hereof, the issuing company will endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein. However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the Company, its representatives or agents. By: W. Brown & Associates Insurance Services Date of Issue: August 23, 2016 Certificate No.: 10 Certificate # 10 Page 1 of 2 Name of Firm Justin Lobb Gene Shue Debra Brueggeman Selection Committee Final Ranking Island Air 1 1 1 1 Career Flight Training & Aircraft Rental, Inc.2 2 2 2 Procurement Professional Date Wednesday, April 12, 2017 Step 1: Upon direction by the Procurement professional, the individual selection committee member should provide their ranking of the proposals (from highest being number one (1) to lowest. Step 2: The procurement professional will review the mathematically calculated final rank and discuss the rank order and determine if consensus is reached. Swainson Hall, Procurement Manager - Acquisitions Selection Committee Final Ranking Sheet Title: Airport Aviation Service Providers RFP #: 17-7145 Page 1 of 1 Date: April 12, 2017 Coffer CCou ty Administrative Services Department Procurement SerAces Division Notice of Recommended Award Solicitation: 17-7145 Title: Airport Aviation Service Providers Due Date and Time: February 23, 2017 at 12:00PM Respondents: Company Name - City County State Bid Amount Responsive/Responsible Island Air Fort Lauderdale Broward FL Annual Rent Yes/Yes Career Flight Training & Aircraft Rental, Inc. Naples Collier FL Annual Rent Yes/Yes Utilized Local Vendor Preference: Yes El No Recommended Vendor(s) For Award: Award to Island Air Required Signatures Project Manager: Procurement Strategist: P r e t Se ices Dir ctpr: Edward F. Coyman Jr.