Agenda 02/12/2013 Item #16G12/12/2013 16.G.1.
EXECUTIVE SUMMARY
Recommendation to approve the attached Amendment to Commercial Aviation Operations
License Agreement with History Flight Inc., for limited commercial aviation operations at
the Marco Island Executive Airport.
OBJECTIVE: To change the dates of the History Flight, Inc. tour at the Marco Island
Executive Airport from January 19 and 20, 2013 to March 9 and 10, 2013.
CONSIDERATIONS: On January 8, 2013, the Board of County Commissioners, in its capacity
as the Collier County Airport Authority, approved a Commercial Aviation Operations License
Agreement with History Flight Inc., to operate at the Marco Island Executive Airport on January
19 and 20, 2013 (Agenda Item 16G 1).
History Flight's Chief Pilot's father pass away, and History Flight has requested to delay its visit
to the Marco Island Executive Airport until March 9 and 10, 2013.
There are no other events scheduled to take place at the Marco Island Executive Airport on these
dates.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
operating income to be received is already accounted for in the Airport Authority's FY2013
budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item which is legally
sufficient and requires a majority vote of the Board for approval. - JAK
RECOMMENDATION: That the Board of County Commissioners, in its capacity at the
Collier County Airport Authority, approves the attached Amendment to the Commercial
Aviation Operations License Agreement with History Flight, Inc., to operate at the Marco Island
Executive Airport.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.1.
Item Summary: Recommendation to approve the attached Amendment to Commercial
Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation
operations at the Marco Island Executive Airport.
Meeting Date: 2/12/2013
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
1/23/2013 4:21:32 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
1/23/2013 4:21:33 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 1/29/2013 10:07:53 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/30/2013 9:10:32 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/30/2013 9:18:28 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 1/30/2013 9:30:51 AM
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Name: IsacksonMark
2/12/2013 16.G.1.
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 1/30/2013 10:39:25 AM
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2/12/2013 16.G.1.
AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT BETWEEN HISTORY FLIGHT, INC. AND
THE COLLIER COUNTY AIRPORT AUTHORITY
THIS AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT (hereinafter referred to as "Amendment") is entered into this day of
2013, by and between History Flight, Inc. (hereinafter the "Licensee") and the
Collier County Airport Authority (hereinafter the "Licensor ").
WTTNESSETH
WHEREAS, on January 8, 2013, the Licensor and Licensee entered into a Commercial
Aviation Operations License Agreement, a copy of which is attached as Exhibit A; and
WHEREAS, this License Agreement allows for specific commercial aviation operations
between the dates of January 19, 2013 and January 20, 2013; and
WHEREAS, the Licensee has requested to delay the dates of commercial aviation
operations to March 9, 2013 and March 10, 2013.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereto agree to amend the original Commercial Aviation Operations License
Agreement as follows:
1. The tern of this bare license, as set forth in paragraph 1 of the License Agreement, is
hereby amended to begin on March 9, 2013 and continue to March 10, 2013,
2. Except as modified by this Amendment, the Commercial Aviation Operations
License Agreement shall remain in full force and effect. If there is a conflict between the terms
of this Amendment and the License Agreement, the terms of this Amendment shall prevail.
IN WITNESS WHEREOF, the parties have executed this Amendment to Commercial
Aviation Operations License Agreement on the date set forth above.
ATTEST; BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
w
i
Deputy Clerk GEORGIA A. HILLER, ESQ.
CHAIRWOMAN
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WUNESSES: HISTQ FLIGHT,�AFf
f By.
P nt Nan S" Ja 13u 't 1 L,,...
aa, Print Name and Title
Print Name: A
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A k 16 1
Cotlicr County Airport Authority Commercial Aviation Operations License Agreement
COMMERCIAL AVIATION OPERATIONS LICENSE AGRFEM
COLLIER COUNTY AIRPORT ALRHORITY
2005 MAINSAIL DRIVE, SUITE 1
4'` g NAPLES, FLORIDA 34114
(239) 642 -7878
LI .tE,NSEE; History Flight. Inc. LICENSEE'S PHONE NUMBER 1888) 743 -3311
LICENSEE'S ADDRESS. 5490 Overseas Hwv 4101, Marattion. FL 33050
1. LicenseelCommercial Aviation Operator: The Collier County Airport Authority (licensor) hereby
licenses Hlg' Flight, Inc. (11MMsee) to conduct specific and limited commercial aviation operations at
the Marco Island Executive Airport. "This bare license with no interest attached, begins on
Janum 19, 2013 and continues to January 20. 2013.
PREMISES: hl=o Island Executive Airport located at 2005 Mainsail Drive Naples, Florida. The
premises consist of the airport air operations areas, common use areas and other public use areas on
airport specifically designated for aviation use or as approved by the Immokalee Airport Manager.
?. OPERATIONS: This license agreement allows for the specific commercial aviation operations as listed:
AIRCRAFT STATIC DISPLAY S FLIGHT TOUR OPERATIONS OF WWII VINTAGE AIRCRAFT, SALE OF
^ RELATED MERCHANDISE, SOUVENIRES 8 MEMEROBILIA BY LICENSEE ONLY.
Any related activity or sale of merchandise by others in conjunction with licensee but not provided for
under the not for profit status of the licensee shall be prohibited except as authorized by separate license
agreement by licensor in consideration of then applicable rates and fees for said commercial activity.
4. EM: Licensee shall pay a nominal license fee of 550.00 in consideration of licensee status as 501(c) 3
not -for - profit corporation. Documented proof of 501(c) 3 incorporation shall be provided by licensee
and become a part hereof.
S. MINIMUM STAND&M REQUIREMENTS: The Collier County Airport. Authority (CCAA)
Minimum Standards for Commercial Specialized Aviation Service Operations requires that for the
licensed activities listed in paragraph 3 (above), a minimum of 300 square feet of office space, restroom
facilities and aircraft tie down or hanger space to accommodate each type of activity. For the terms of
this license, the CCAA is allowing on a temporary basis, the minimum standards be met through use of
the common area and mtroom facilities in the airport terminal building. The aircraft tie down
requirements must continue to meet the written requirements independently. 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.
6. L1ABILEMS: 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 Licensoes employees, agents or
representatives without any participation in such movement (or instructions to move same) from
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Collier County Airport Authority Commercial Aviation Operations License Agreement r •r
License or Lircons"'s agents, employers 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 license or which
is deemed unsafe by the airport manager or against the CCAA rules wad regulations, policies and
procedures or other regulation is unauthorized.
a. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority, and
their officers, agents, and employees from and against all losses, damages, claims, liabilities, and
causes of action of every kind or character and nature as well as costs and fees, including
reasonable attorney's fees connected therewith including any and all appeals, and the expense of
the investigation thereof, based upon or arising out of damages or injuries to any and all third
persons or their property. Authority shall give Licensee prompt and reasonable notice of any
such claim or action. Licensee shall have the right to investigate, compromise, and defend die
same to the extent of its own interest.
b. During the entire term of this agreement. Licensee shall provide, pay for, and maintain the types
of insurance required by the Collier County Risk Management Department as listed in exhibit B
attached and made a part hereof for the commercial aeronautical activities to be conducted as
listed in item 3 of this agreement. All insurance shall be from responsible companies duly
:authorized to conduct the respective insurance in the State of Florida and/or responsible risk-
retention group insurance companies registered with the State of Florida. All liability policies
shall provide that the Authority and the County of Collier as additional insured as to the uses of
the licensed premises under this agreement and shall also provide the Separation of Insured's
Provision. Prior to the execution of this agreement by licensee, the specified insurance coverage
and limits required must be evidenced by properly executed Certificates of Insurance on the
forms which are deemed acceptable by Authority.
R. 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 with a valid proof of insurance on file with the
CCAA.
9, TERNUNATTON EQ CAUSE: AUSE: Licensor may terminate this license immediately for cause. Any
breach of this agreement by Licensee is cause for such termination.
10. SECURIIX AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to
insure the security and safety on the premises.
11. 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.
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Collin County Airport Authority Commercial Aviation Operations Licerme Agreement
12, ALMIORi7.E17 AIRCRAFT:
Aircraft L D.: N19;*Co Aircraft Color: artIng
Aircraft Make: _p,� �¢ A C4�,, n . Aircraft Model: AT-4p Te)ga ya
Aircraft 1. D.: t� 06-7 Aircraft Color.
Aircraft Make: bama
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Aircraft Model: r �r— $ t - )a,,
Aircraft 1. D.: Aircraft Color:
Aircraft Make: Aircraft Model:
Aircraft I. D.: Aircraft Color:
Aircraft . Make:
A ' TOT LICENSEE:
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'imess (s ature)
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(print name)
29.e �k
Witness tsignature)
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(Print name)
AS TO THE LICENSOR:
Attest:
DXVJGH1' E -IIRKK. Clerk
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. Aircraft Model:
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By' -- -_
(Print Name and Title)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUN I. , FLORIDA, serving as the
COLL COUNTY IRPORT AUTHORITY
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G O A. HILLER ESQ.
CH WOMAN
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Collier County Airport Authority Commercial Aviation Operations License Agreement
Licme" or Licensee's agents, employees or any other person with apparent authority on behalf cif
Licensee. Any act or use of the premises by Licensee not expressly authorized by this license or which
is deemed unsafe by the airport manager or against the CCAA rules and regulations, policies and
procedures or other regulation is unauthorized.
=W1 6 WI J N1.1i • R}P t..
a. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority, and
their officers, agents, and employees from and against all losses, damages, claims, liabilities, and
causes of action of every kind or character and nature as well as costs and fees, including
reasonable attorney's fees connected therewith including any and all appeals, and the expense of
the investigation thereof, based upon or arising out of damages or injuries to any and all third
persons or their property. Authority shall give Licensee prompt and reasonable notice of any
such claim or action. Licensee shall have the right to investigate, compromise, and defend the
same to the extent of its own interest.
b. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the types
of insurance required by the Collier County Risk Management Department as listed in exhibit B
attached and made a part hereof for the commercial aeronautical activities to be conducted as
listed in item 3 of this agreement. All insurance shall be from responsible companies duly
authorized to conduct the respective insurance in the State of Florida and/or responsible risk
retention group insurance companies registered with the State of Florida. All liability policies
shall provide that the Authority and the County of Collier as additional insured as to the uses of
the licensed premises under this agreement and shall also provide the Separation of Insured'.-;
Provision. Prior to the execution of this agreement by licensee, the specified insurance coverage
and limits required trust be evidenced by properly executed Certificates of Insurance on the
forms which are deemed acceptable by Authority.
R. 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 with a valid proof of insurance on file with the
CCAA.
9. 7E$MINATION FOR CAUSE: Licensor may terminate this license immediately for cause. Any
breach of this agreement by Licensee is cause for such termination.
IU. hCU%jjY AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to
insure the security and safety on the premises.
11. EMl RCiENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) access may he 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.
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Collier County Airport Authority Commercial Aviation Operations License .Agreement
12. AU7I-I0RI7_ED AJRCRA T-
Aircraft L D.: 1181(0OP Aircraft Color: try_
Aircraft Make : & rye¢ 4I Ca. Aircraft Model: Ai -(, 'rya a
Aircraft I. D.: 145406-7 Aircraft Color:
Aircraft Make i
Aircraft 1. D.:
aircraft Make:
Aircraft Color:
Aircraft I. D.: Aircraft Color.
Aircraft Make:
A TO LICENSEE:
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fitness s. ature)
(print name)
2Z —
Witness (signature.)
(print name)
AS TO THE LICENSOR:
Attest',
DWIGHT F - 3RQCK. Clerk
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Aircraft Model. B 1, - ?) 1k ,.e
Aircraft Model:
Aircraft Model:
HIST Y FLIG , C.
By:
-Dom" a4L L e)ZQ,e
(Print Name and Title)
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COON- ', FLORIDA, swing as the
COLT: COUNMY IRPORT AUTHORITY
By: t \-J\ t-2j
Ci OR A. HILLER ESQ.
C 2WOMAN
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_ 16G
INTERNAL REVENUE SERVICE
P 0. Ann 2509
CINCINNATI, OR 45201
Dace: JUL 2 6 2012
HISTORY FLIGHT INC
C/O MARX NOAH
5409 OVERSEAS HWY 101
MARATHON, FL 33050
Dear Applicant:
DEPARTMENT OF THE TREASURY
Employer Identification Number:
76- 0606901
DLN:
17053046347022
Contact Person.
THOMAS E GERITY ID# 31664
Contact Telepl%one Number:
(877) 629 -5500
Accounting Period Ending:
December 31
Public Charity Status:
509(:)(2)
Porm 990 Required:
Yes
Effective Date of Exemption:
February 10, 2oi2
Contribution Deductibility:
Yes
Addendum Applies:
Yes
we are pleased to inform you that upon review of your application for tax
exempt status we have determined that you are exempt from Federal income tax
under section 5o1(c)(3) of the Internal Revenue Code. Contributions to you are
deductible under section 170 of the Code. You are also qualified to receive
tax deductible bequests, devises, transfers or gifts under section 2055, 2106
or 2522 of the Code. Because this letter could help resolve any questions
regarding your exempt status, you sbould keep it in your permanent records.
Organizations exempt under section 501(c) (3) of the Code are further Classified
as either public Charities or private foundations. We determined that you are
a public charity under the Code section(s) listed in the beading of this
letter.
Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public
Charities, for some helpful information about your responsibilities as an
exempt organization,
L..aftow 007 lDO/COI
i
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_2_
MISTOYY YT.T.W T TWO
zaclosuras Publication 4221 -PC
Sincerely,
Holly paz
Director, txempt Organizations
Rulings and Agreements
I60ttwr 947 (DO/CG)
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