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Backup Documents 01/09/2018 Item #16G 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 G 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office \r'Vr/S/ ,k,gAtel 4. BCC Office .Board of County 'fit Commissioners / AtAket 5. Minutes and Records Clerk of Court's Office `` AA,, ' �Vw � lAt 'b.•40 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Debbie Brueggeman,Admin,Airport Phone Number 642-7878 pct. 34 Contact/ Department Authority Agenda Date Item was January 9,2018 Agenda Item Number 16G1 Approved by the BCC Type of Document Assumption Agreement and Second Number of Original 1 Attached Amendment Documents Attached PO or account number N/A if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? cj„, 2. Does the document need to be sent to another agency for additional signatures. If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed r - by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. a aV. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. • " 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into Accela. Some documents are time sensitive and require forwarding to Tallahassee within a certain =‘4\4" Z time frame or the BCC's actions are nullified. Be aware of deadlines! 8. The document was approved by the BCC on 1/9/18 and all changes made during lmsi. the meeting have been incorporated in the attached document. The County a ' . of t.to 4 Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by ■ - 7' " BCC,all changes directed by the BCC have been made,and the document is rea., for the 1 pt tti Chairman's signature. . I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6G MEMORANDUM Date: January 11, 2017 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Martha Vergara, Deputy Clerk Minutes and Records Department Re: Assumption Agreement — Second Amendment Contractor: Career Aviation Flight Training and Aircraft Rental Holding, LLC Attached for your records is a scanned copy of the original agreement as referenced above (Item #16G1), approved by the Collier County Board of County Commissioners on Tuesday, January 9, 2018. The original will be held in the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachments i 6G I ASSUMPTION AGREEMENT AND SECOND AMENDMENT This Assumption Agreement and Second Amendment is made and entered on this c VAN orSexcwQ , 2018, by and between Career Aviation Flight Training and Aircraft Rental, Holding, LLC,alorida Limited Liability Company, and the Collier County Airport Authority (Authority). WHEREAS, Career Flight Training and Aircraft Rental, Inc., a Florida Corporation, entered into a Commercial Aviation Operations License Agreement with the Authority, commencing January 15, 2015, to lease office space and conduct certain operations at the Marco Island Executive Airport. A copy of the License Agreement together with a First Amendment dated March 24, 2015, are attached hereto as Exhibit A and hereafter referred to as "Agreement;" and WHEREAS, the officers and stockholders of Career Flight Training and Aircraft Rental, Inc., have formed Career Aviation Flight Training and Aircraft Rental, Holding, LLC ("Career Aviation") and have requested that Career Aviation become its successor in interest with respect to the Agreement; and WHEREAS, Career Aviation has requested an amendment to Paragraph 2 of the Agreement to add aircraft maintenance activities to its operations. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement and Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, it is agreed as follows: 1. Career Aviation accepts and assumes all rights, duties, benefits, and obligations under the Agreement, including all existing and future obligations to pay and perform under the Agreement. 2. Paragraph 2 "OPERATIONS" of the Agreement is hereby amended to include Aircraft Maintenance Services. 3. Exhibit B (Insurance and Bonding Requirements) is hereby deleted and replaced with the attached revised Exhibit B. 4. The Authority hereby consents to Career Aviation's assumption of the Agreement and will treat Career Aviation as the Licensee for all purposes under the Agreement. 5. Except as modified herein, the Agreement shall remain in full force and effect. If there is a conflict between the terms of this Assumption Agreement and Second Amendment and the Agreement,the terms of Assumption Agreement and Second Amendment shall prevail. [17-APA-00390/1382971/1] Page 1 of 2 OVD 16G 1 IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement and Second Amendment effective as of the date first above written. CAREER AVIATION FLIGHT TRAINING AND Witnesses: AIRCRAFT RENTAL, HOLDING, LLC 4... Oefte;4-x--)etc.e z���� By: 1 t -.i-'c .1-� C rna r-) STE 4N A. DAVIS Print Name 4 CL Q_ ill rl`cy,. Title Print Name ATTEST: COLLIER COUNTY AIRPORT AUTHORITY DWIGHT E...BROCK,-CLERK ByT f i aj�j By• ic7 Attest as to Chairman's , pepu t i l- PAY TA rye , CHAI' > signature only. Approve as tcl fcm and leg. ity: .el , Jeffrey A. Klatzkow County Att1rn .y [17-APA-00390/1382971/1] 0Page 2 of 2 16G 1 4( 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 $_1,000,000 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 $500,000 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 Z 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 S. ® 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. Career Flight Training&Aircraft Rental Page 1 16G 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 CFTAR-Career Aviation Flight Training and Aircraft Rental Date /! licY Lessee Signature Print Name Stephen A.Davis Insurance Agency Facer Insurance Agency,Inc. Agent Name Andrew R.Facer Telephone Number 800-727-2147 Career Flight Training&Aircraft Rental Page 2 16G EMT]BIT A COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT �l1 04r �oJ s COLLIER COUNTY AIRPORT AUTHORITY 471 2005 MAINSAIL DRIVE, SUITE 1 NAPLES, FLORIDA 34114 (239) 642-7878 LICENSEE: Career Flight Training and Aircraft Rental, Inc. LICENSEE'S PHONE NUMBER: LICENSEE'S ADDRESS: 5334 Cypress Lane, Naples, FL 34113 The Board of County Commissioners of Collier County Florida serving as the Collier County Airport Authority (Licensor) hereby licenses Career Flight Training and Aircraft Rental, Inc., a Florida corporation (Licensee), to conduct specific and limited commercial aviation operations at the Marco Island Executive Airport. This Commercial Aviation Operations License Agreement (Agreement) is considered a bare license with no interest attached, beginning on January 15, 2015, and continuing month-to-month or until written notice to terminate is given by one party to the other. 1. PREMISES: Marco Island Executive Airport located at 2005 Mainsail Drive Naples, Florida. The premises consist of: A. Office Space for administrative and customer service purposes identified in Exhibit "A," which is attached hereto and made part hereof this Agreement. B. Operations as listed below. 2. OPERATIONS: This Agreement allows for the specitic commercial aviation operations as listed: • Flight Training • Aircraft Rental • Aerial Sightseeing Tours 3. FEE: Licensee shall pay the following fees: A. Annual commercial operating license fee - $200.00 plus applicable Florida Sales Tax. B. Counter Space - License fee - $68.25 per month plus applicable Florida Sales Tax. C. Tie Down Fee — N/A Any failure to pay the fees when due will result in the termination of this Agreement or suspension of the ability to conduct commercial aviation activities on or at the Marco Island Executive Airport. 0 €'( 16G 1 4. MINIMUM STANDARD REQUIREMENTS: The Collier County Airport Authority Minimum Standards for Commercial Airport Activity and Service Providers requires for the approved activities listed in the above paragraph 2. Operations, a minimum of 300 square feet of office space, restroom facilities and aircraft tic down or hanger space to accommodate each type of activity. For the terms of this Agreement, the Licensor is allowing, on a temporary basis, the minimum standards be met through use of the office space referred to in the above paragraph 1.A. Premises, the common arca and restroom facilities in the airport terminal building. The use of the terminal's common areas and restroom facilities are available to the Licensee in the same manner as the general public and under the same terms and conditions as allowed to the general public and only during normal operating hours of the terminal building. 5. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents and/or representatives for any and all liability for damage to aircraft and any other property on the premises except for physical damage caused by movement of aircraft solely by Licensor's employees, agents or representatives without any participation in such movement (or instructions to move same) from Licensee or Licensee's agents, employees or any other person with apparent authority on behalf of Licensee. Any act or use of the premises by Licensee not expressly authorized by this Agreement or which is deemed unsafe by the airport manager or against the Collier County Airport Authority rules and regulations,policies and procedures or other regulation is unauthorized. 6. INSURANCE: The Licensee/Commercial Aviation Operator shall provide and maintain all insurance deemed appropriate by the Authority, as determined by Collier County Risk Management, Exhibit 'B.' 7. USE OF PREMISES: The premises shall be used only for those commercial operations listed in this Agreement for aircraft owned by or leased to Licensee. 8. TERMINATION FOR CAUSE: Licensor may terminate this Agreement immediately for cause. Any breach of this Agreement by Licensee is cause for such termination. 9. SECURITY AND SAFETY: Licensee agrees to always cooperate with I.icensor in every respect to insure the security and safety of the premises. 10. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) access may be denied to the premises at the discretion of the Executive Director, Airport Manager or designee, provided such denial of access is to protect the public or airport from potential exposure to loss, damage or safety because of the emergency. 11. AUTHORIZED AIRCRAFT: The Licensee currently subleases a hangar at the Airport. The authorized aircraft used for the Licensee's operation is as follows: Aircraft I. D.: Aircraft Classification: Aircraft Color: Aircraft Make: _CQ ss N / P, pe, , FA ..? Y .2 0 J Aircraft Model: Ret,,.}-rrz Ti 4/ It" N cfrn N $ 5 cf t q Signatures appear on the following page. � Q I U I 1 b-G 1 AS TO THE LICENSEE:: CAREER FLIGI DD TRAINING AND AIRCRAFT RENTAL, INC., a Florida corporation 0 tr-jk.L-V---L.A----. By: Witnc (signature) STEP! ,N ALAN DAVIS, President B(i f r .( w to rva "t LA (print'name) ` - Witness (signature) c�V! tCl C. _ Aor sa I /. (print name) AS TO LICENSOR: Attest: BOARD OF COUNTY COMMISSIONERS OF DWIGI IT E. 13RO 'K. Clerk COLLIER COUNTY, FLORIDA, SERVING AS 'HIE COLLIER COUNTY AIRPORT AUTHORDI'Y t ttest as to Cheitiiieft Clerk only. 13y: TIM NANCE,CHAIRMAN Approved as to toren and legality: C olleen lei. Green. Assistant County Attorney 0 1 6 G 1 N a`-, C Co C LL o > a) ) co lg C C 0 2 0. LL Restroom X vii TA IIIMINIO a) rn N C C) a N = C J 3 Q Q C V) Co m O J I a H T '• N o) a Z u) li W re H u. M o `o g C LL p Q - U a w = u 0 J A R °. a s < a,< 2 cI. n a Z � � > Scn Q m of Q Z = V z 0 O ea E U > Z z W LA- x m z C O N < Y H 0 a w e c 7a) 0 Q I— < c E � 0a. a H d H 0 ) a) 0 c J o H H �� Ex c cc ti c) O 0 CC ? ti w X W y ZtQ Q A o g 0 V LL. o Q E cli 8 c 0 o U cr U, a) U_ 0 a) .....117.2 7) C E Q 1 6G Career Flight Training November 7, 2014 Exhibit B Insurance and Bonding Requirements-Airport Facility Leases 0 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 ISO form Bodily Injury 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. 0 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. • - - - - -- 1n purt I i'.i i 1 AI;n•'•ux•nt Insur.unr 16G FIRST AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGREEEMNT THIS FIRST AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT("Amendment") is made and entered into this -j' day of MA1et�1, 2015 by and between the COLLIER AIRPORT AUTHORITY ("Authority' and Career Flight Training and Aircraft Rental, Inc., a Florida corporation ("Licensee"),hereinafter collectively referred to as the"Parties". WITNESSETH: WHEREAS, the Parties entered into a Commercial Aviation Operations License Agreement that commenced on January 15. 2015 ("Agreement"), copy of which is attached hereto and made a part hereof: and WHEREAS, the Parties are desirous of amending the Agreement;and NOW, THEREFORE, in consideration Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above RECITAL are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Paragraph 3. of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: 3. FEE: License shall pay the following fees: A. Annual commercial operating license fee - $200.00 plus applicable Florida Sales Tax. B. Office Space-License fee- $69.41 per month plus applicable Florida Sales Tax. C. Tie Down Fee- N/A Any change in the rate schedule will become effective with respect to the Fee owed by this Lease as of the 15t day of the second month following such change. Payment shall be due in advance on the first day of each month without demand. Any failure to pay the fee in full and in advance shall require payment of a late fee equal to thirty dollars (S30.00)and any failure to pay in full and on time shall be cause for termination for cause of this Lease. In addition to a late charge, in the event Tenant fails to pay the rentals, fees or charges as required to be paid under the provisions of the Lease Agreement within thirty (30) days after the same shall become due, interest at one and one half percent (1.5%) per month shall accrue on the delinquent payment(s)until the same are paid. 3. Exhibit "A" is hereby deleted and replaced with the attached revised Exhibit"A." 4. Except as modified by this Amendment. the Agreement shall remain in full and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. 1 6 G IN WITNESS WHEREOF, the Licensee and Authority have hereto executed this First Amendment to Commercial Aviation Operations License Agreement the day and year first above written. AS TO TILE LICENSEE: CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL. INC.,a Florida corporation C14-\ ``— ta BY: fitness(signature) S EPHEN ALAN DAVIS, President wh\ (print name) -�itnesss(si nat (print name) AS TO THE AUTHORITY: DATEI}:r; 5 � COLLIER COUNTY AIRPORT AUTHORITY ATTEIr: • DWIGH"I'VE.BROC$. Clerk BY: TIM NANCE Chairman fr)r-V_ � Attest as to Chaim, uty signature only. 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