Agenda 06/25/2013 Item #16G26/25/2013.16.G.2.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve and authorize the Airport Authority's
Executive Director to execute the attached Temporary Commercial Aeronautical Use
Agreement with BAE Systems to utilize a portion of the aircraft apron at the Marco Island
Executive Airport from July 19 through July 31, 2413.
OBJECTIVE: To permit BAE Systems (BAE) to utilize a portion of the aircraft apron at the
Marco Island Executive Airport as a staging area in conjunction with a Defense Department
related test.
CONSIDERATIONS: The Airport Authority is responsible for operation and maintenance of
the Marco Island Executive Airport (Airport), which it Sub -Leases from Collier County pursuant
to a master Sub -Lease Agreement dated May 24, 1994.
BAE desires to sub -lease space at the Airport from July 19 through July 31, 2013 to use a staging
area in conjunction with a Defense Department related test it will be conducting in the area. The test
involves the air carriage of two payloads from a based helicopter to a location approximately 40
miles offshore. Airport Management has met with officials from BAE to discuss the details and
logistics of this proposed operation, and has determined that the operation will be conducted in a
manner consistent with safe airport operations procedures. The Risk Management Department has
also reviewed the BAE proposal and set the insurance requirements included in the Agreement.
The aircraft apron area and space to be utilized for this proposed activity is equivalent to that of a
large jet. Therefore, BAE will pay the Authority the overnight parking fees that would be
charged for a large jet per the Marco Island Executive Airport Rates & Charges schedule
approved by the Board of County Commissioners, acting as the Airport Authority, on January 8,
2013, Agenda Item 16G3.
FISCAL IMPACT: Revenue received from these activities in the approximate amount of
$1,500 will be deposited in Airport Authority Fund 495, and is accounted for the Airport
Authority's Budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality and
requires majority vote for approval. - CMG
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves and authorizes the Airport Authority's Executive
Director to execute the attached Temporary Commercial Aeronautical Use Agreement with BAE
Systems to utilize a portion of the aircraft apron at the Marco Island Executive Airport from July
19 through July 31, 2013.
1#0_� PREPARED BY: Chris Curry, Airport Authority Executive Director
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6/25/2013 16.G.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.2.
Item Summary: Recommendation that the Board of County Commissioners, acting in its
capacity as the Collier County Airport Authority, approve and authorize the Airport Authority's
Executive Director to execute the attached Temporary Commercial Aeronautical Use
Agreement with BAE Systems to utilize a portion of the aircraft apron at the Marco Island
Executive Airport from July 19 through July 31, 2013.
Meeting Date: 6/25/2013
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
6/13/2013 12:13:56 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Aut
Name: CurryChris
6/13/2013 12:13:58 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Aut
Date: 6/14/2013 11:05:59 AM
Name: GreeneColleen
Title: Assistant County Attomey,County Attorney
Date: 6/17/2013 9:57:29 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/17/2013 1:28:53 PM
Name: KlatzkowJeff
Title: County Attorney
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Date: 6/17/2013 3:27:32 PM
Name: OchsLeo
Title: County Manager
Date: 6/17/2013 4:54:00 PM
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(C)
Temmry Commercial
Aeraaautical Use Agreement
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE. SUITE 1
NAPLES, FLORIDA 34114
(239) 642 -7878
6/25/2013 16.G.2.
THIS LICENSE AGREEMENT is made and entered this day of June, 2013, by and
between the Collier County Airport Authority (hereinafter referred to as "Authority "), and:
Name: I3AE Systems
Type of Entity: (circle one):
Individual
Corporation (insert State of Incorporation): New HamM hire
Limited Liability Company (insert State where formed):
Partnership (insert State where registered.):
Other (describe):
Phone Number: (603)- W-7423
Address: P.O. Box 868. N hua NH n 061 0869
(Hereinafter referred to as "Licensee ")
1.. PREMISES AND TERM: The Authority hereby licenses: rental area for temporary helicopter
operations and storage of test articles. The specific location of helicopter operations is to be located as
n follows: The uoroximate 50 ft x 50 area de icted on the attached ejchibit, The specific location of
the storage of test articles is to be located as follows: The appLoxim ate 50 f x 100 ft area depicted
the attached exhibit. This is subject to change at any time by the Authority and may be changed from
time -to -time by the Airport Manager or designee without any permission or approval from Licensee.
This bare license with no interest attached begins on the date approved by the Board of County.
Commissioners acting as the Collier County Airport Authority. The term of this Agreement is six
months.from the date executed.
2. AUTHORI ED AIRCRAFT: The Premises shall only be used for the parking and storage of the
Licensee's following described aircraft:
Aircraft 1. D.: N2FH
Aircraft Make: Sikorsky
Aircraft Model: SK -70
Storage: Two 40'x &'X 8' containers and forklift
3. MI: Fees are set by Collier County Resolution No. 13 -0& The fees for overnight parking for a
large jet shall apply for the helicopter operations due to the large amount of space needed.
4. MAINTENANCE: Licensee accepts the premises "as is." Licensee is responsible for all other
damage to the premises caused by Licensee's use of the premises.
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5. LIABILITIES: Licensee hereby waives all future claims against the Authority, its employees,
agents and/or representatives for any and all liability for damage to the aircraft. Any act or use of the
premises by Licensee not expressly authorized by this agreement, including storage of any flammable
liquid or gel in the aircraft, and/or storage of other than aircraft fuel and oil in the aircraft's tanks is
unauthorized use. Hazardous materials are strictly prohibited. The Authority shall have no obligation
to take any measures to protect the aircraft from weather., including wind. The Authority shall have no
obligation to notify the Permittee of any approach of inclement weather, including any hurricane.
b. INSURANCE REQUIREMENTS:
Aircraft Liability in limits of not loss than $5,000,000 each claim.
Airport Liability in limits of not less than $5,000,000 each claim.
Workers' Compensation limits shall be on a statutory basis in accordance with Florida Statutes,
Chapter 440. Workers' Compensation coverage shall be extended to include coverage for
Federal Acts Employers Liability coverage with a limit of not less than $1,000,00.0 each
accident.
Business Automobile Liability - Combined Single Limit $1,000,000 per occurrence for bodily
injury and property damage.
The Collier County Board of Commissioners shall be named as additional insured on the
Airport and Aircraft Liability coverage.
The required insurance certificates must be submitted for review prior to the Airport Authority's
execution of the Agreement.
7. USE OF PREMISES: The. premises shall be used only for the parking of airworthy aircraft owned
or leased to the Licensee. All other use of or storage within the premises is strictly .prohibited unless
authorized in writing by the Airport Manager. BAE Systems is authorized to use the lease premises as
proposed in their letter dated May 1, 2013, and attached and incorporated herein.
$. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph I above, the
Authority may terminate this agreement for cause by giving Licensee not less than three (3) days'
advance written notice to vacate. Any breach of this agreement by Licensee is cause for such
termination. If Licensee does not remove its aircraft and all other property brought onto the premises
by or on behalf of Licensee, the Authority may summarily remove all such property without any
liability.
9. SECURITY AND KEYS: Licensee agrees to cooperate with the Authority in every respect,
including security regulations. The Authority shall not be responsible for theft, vandalism, pilferage, or
other damage or loss to any property except. that which result through negligence of the Authority.
10. LEASE MANUAL: Licensee 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 Licensee shall be bound by the terms of this Lease
Manual;, as of the 1" day of the second month Licensee 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.
11. RULES AND REGULATIONS: Licensee 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
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charges, as may from time to time be levied for airfield operational privileges and/or services provided at
the Airport,. Licensee shall also comply with any and all applicable governmemal statutes, rules, orders
and regulations. Licensee shall not allow any signs., cards or placards to be posted or placed on the
Premises without prior written approval of the Authority.
12. ASSIGNMENT: This agreement is personal to Licensee. Licensee shall not assign this agreement,
and may not sublet the Premises, or any part thereof without advance written approval from the Authority,
whichh approval shall be in the Airport Director's sole discretion.
13. DISCHARGE OF LIENS: In the. event of the filing of any mechanic's lien or materialman's lien or
liens, or any other charge whatsoever against the Premises or any improvement thereof during the term of
the agreement, (or any extension thereof), Licensee immediately shall take all necessary steps to secure the
release of same. In the event Licensee fails to take reasonable steps to secure the release of any such liens
or charges, the Authority upon ten (10) days' prior written notice to Licensee, shall have the right and
privilege of taking the necessary steps, including payment, to secure the release of any such lien or charge,
and any amount so paid by the Authority including reasonable expense and costs (including attorney's
fees), shall be added to the rental due hereunder from Licensee to the Authority and shall be paid by
Licensee to the Authority immediately upon receipt by Licensee from the Authority of any itemized
statement thereof.
14. INDEMNIFICATION: Licensee shall defend, indemnify, and hold Authority and its officers, agents,
servants, representatives and employees harmiess from and against any and all loss, damage, actions,
lawsuits, claims, cost and expense (including attorneys' fees), as a result of any personal injury, death,
property damage, penalty, fine or any other claim or suit of whatever nature, arising in any way front
Licensee's occupancy and use of the Premises or the Airport. Any and all other personal property of
�. Licensee or his officers, employees, servants, agents, guests or business visitors shall be stored and
otherwise used on the Airport at Licensee's sole risk of damage or loss.
IS. SURRENDER-DAMAGES: At the termination of the agreement, Licensee will immediately
surrender, release and yield up the premises to the Authority peaceably, quietly and in good order and
condition, reasonable wear and tear are expected. If failing to do so; Licensee will pay as rental to
Authority for the entire time such possession is withheld, the sum of Ten Dollars ($10.00) plus one
thirtieth of the monthly rental in effect at the time of said termination, per day or for any such penalty or
payment as.may be provided in the agreement, at the option of the Authority; provided that the provisions
of this clause shall not be deemed a waiver by Authority of any right of re -entry as herein provided, nor
shall the receipt of said rent, or any part thereof, or any other act in apparent affirmation of tenancy, by
Authority, operate as waiver of any right or-remedy available to Authority hereunder for a breach of any of
the covenants contained in the agreement. Upon the expiration or termination of the agreement, Licensee
shall remove its personal property and equipment from the premises. Licensee shall be liable for and pay
for any damage caused to the premises or any other property of Authority because of Licensee's
occupation of the premises, Licensee's removal or failure to remove Licensee's property, including but not
limited to any and all costs incurred by the Authority in removing and storing Licensee's property.
16. DEFAULT - TERMINATION:
A. In the event of default by Licensee in the payment of the rental obligation on the day the same becomes
due or payable, which default continues for ten (10) days, or in the event of any default by Licensee with
respect to any, other covenant or obligation of Licensee under the agreement, then in any or either of such
events. Authority at its election, at or after the expiration .of ten (10) days' previous notice in writing of
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such default sent as provided below to Licensee, may declare a forfeiture and termination of the
agreement. All rent due or to become due under the then existing term of the agreement shall become
immediately due and payable at that time.
B. Authority further shall have the right to terminate the agreement in the event of the occurrence of
any of the following:. insolvency of Licensee, liquidation or dissolution of Licensee; the institution of a
voluntary or involuntary bankruptcy proceeding by or against Licensee; assignment by Licensee for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Licensee or if
Licensee fails to adhere to the provisions of the agreement.
C. All the remedies referenced herein shall. be. in addition to and not in derogation of any remedies
provided in the Agreement or available at law or in equity.
17, DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shatI be destroyed in whole or in part by fire, or other casualty, Licensee, at its option. may terminate this
Agreement or, at its cost and expense, may elect in writing to Authority to repair or reconstruct said
Premises or improvements. Such election shall be made within thirty (30) days of the date of such
destruction. If such election is made, rental payments shall continue unabated and uninterrupted.
18. AIRPORT DEVELLOEMENT: The Authority reserves the right to further develop or improve the
landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the
Licensee, and without interference or hindrance.
19. ATTORNEY FEES: Licensee shall pay the cost of collection and reasonable attorney's fees whenever
the Authority retains the service of an attorney to collect overdue rents or to enforce any other term or
condition set forth in this Agreement. or Lease Manual
20. AIRPORT OPERATIONS: Licensee 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 comply with Federal Aviation Regulations, Part 77.
21. CONDEMNATION: If, at any time during the term of the agreement, title to the whole or
substantially all of the premises shall be taken in condemnation proceedings or by any right of eminent
domain, the affected agreement(s) shall terminate and expire on the date of such taking.. The fixed rental
and other charges payable hereunder shall be apportioned and paid to the date of such taking. clothing in
this paragraph .is intended to waive Licensee's constitutional rights to be compensated by any government,
person or organization, which appropriates Licensee's private property.
22. REMEDIES CUMULATIVE -NO WAIVER: The rights and remedies granted to Authority under the
agreement shall be deemed cumulative and non- exclusive. The failure by Authority at any time to assert
any such right or remedy shall not be deemed to be a waiver, and shall not preclude the assertion of such
right or remedy at a later date.
23. DOMINANT AGREEMENTS: This agreement 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, naval,
or similar use. If such lease is executed, the provisions of this agreement insofar as they are inconsistent
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with the provisions of the lease to the Government, shall be suspended. Any executed agreement shall be
subordinate to the provisions of any existing or future Agreement. between Authority and the United States,
relative to the operation or maintenance of the Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of Federal funds for the development of the Airport.
IN WITNESS WHEREOF, the Parties hereto, by their duty authorized representatives, have
executed this Agreement on the date first above written.
AS TO LICENSEE:
BAE Systems
By:
, President
i
AS TO AUTHORITY:
COLLIER COUNTY AIRPORT AUTHORITY
By:
Chris Curry, Executive Director
Approved as to form and legality
Assistant County Attorney
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BAE Systems
Eliee is Systems
P.O. Box 868
Nashua, NN 03061 -0868
111 Telephone 603 -885 -7423 Mail Stop NCA01 -4224
May 1, 2013
Robert Tweedie C.M.
Airport Manager
Marco Island Executive, Everglades Airpark
Collier County Airport Authority
2005 Mainsail Drive
Naples, Florida 34114
Dear Mr. Tweedie:
6/25/2013 16.G.2.
BAE SYSTEMS
This letter is in response to discussions held on 22 April 2013 regarding the rental of
an 'area for temporary helicopter operations and storage of test articles. Based on the
viability discussions held at this time, we have included Marco Island Executive
Airport in the event planning as the base of helicopter operations. The following is an
outline of the test event schedule and location, equipment certification credentials
associated with potential ;hazards, and references to facilities that have 'hosted our
events in the past.
BAE Systems, a defense contractor located in Nashua, New Hampshire, is conducting
a field test -off the west :coast of Florida in :July. The test involves the air carriage of
two payloads from a commercial helicopter based at ,a suitable landing field to the ,
offshore location (approximately 40 miles offshore). Firehawk Helicopters out of
Leesburg, Florida has been contracted to provide the helicopter services.
The test is scheduled to run from '19 July through '. July 2013 with helicopter
operations on 25 and 26 July 2013. One helicopter deployment is scheduled for each
day and will occur between the hours of 0500 and to 1100. Facilities required to
support this test are an area approximately 100' x 50' to place two storage containers
and ancillary support equipment including a forklift to move the test payloads to a
staging area. The containers are 40'x8'x8' and are used to store equipment and the
test payloads. The preference is that this area be in close proximity to helicopter
staging area to provide work space for rigging the payload. These containers will be
in place for the duration of the test event.
The test payloads are 10 foot long cylinders that weigh approximately 800 lbs each.
They are rigged to a deployment fixture and lifted via long lines with the helicopter.
The payload contains a small quantity of pyrotechnic devices, containing less than 16
r-� grams of .energetic material, that are actuated when the payload goes through its
mechanical deployment sequence. There are three levels of safeties that assure the
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deployment sequence does not occur until after its release from the helicopter at thy.
open ocean test site. The payloads have an Interim Hazard Classification (IHC),
granted by the Naval Ordnance Safety and Security Activity (NOSSA) on 11
February 2011 of 14C for shipping and storage. This IHC is being updated due to
small design changes that have occurred to the :test articles since it was granted. An
updated IHC, expected in early June, is a prerequisite to shipping the payload to the
location for helicopter operations. The payload also contains lithium batteries to
supply power to the internal electronics. These batteries contain less than 65 grams of
lithium and have a Department of Transportation (DOT) Class 9 rating.
I
The payloads are safe during shipping, storage and rigging operations and pose no
threat to the airport personnel or facilities. They will only be handled by qualified
personnel who ATF authorized possessors and are licensed by the State of Florida to
possess, store and use energetic devices. The payloads will be stored in one of the two
containers that is a certified ATF Type 4 Magazine per Florida Statutes, Chapter 554
and °Federal Regulations,
This test event will be the fifth test event including demonstration of over 16 similar
payloads: conducted since 2009. Previous events have all used Firehawk Helicopters
for helicopter services. All prior events were conducted in - accordance with local,
state and federal regulations and concluded without any safety incidents.
BAE Systems looks forward to working with your facility on this project.
Sincerely,'
Steven Hyatt
Program Manager
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