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Agenda 06/26/2012 Item #16G 16/26/2012 Item 16.G.1. EXECUTIVE SUMMARY Recommendation to approve and authorize the Airport Authority's Executive Director to execute the attached Common /Cargo /Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriffs Office. OBJECTIVE: To approve a lease agreement between the Collier County Airport Authority ( "Authority") and the Collier County Sheriff's Office ( "Sheriff's Office ") for hangar space at the Immokalee Regional Airport. CONSIDERATIONS: The Authority is responsible for operation and maintenance of the Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a master Sub -Lease Agreement dated May 24, 1994. The Sheriff's Office has requested to utilize space at the Immokalee Regional Airport for the storage of aircraft equipment and supplies related to law enforcement. The proposed agreement provides for hangar space at the Airport. The term of the agreement is month -to- month. The initial fee is $1,479.03 per month as the Sheriff's Office is not subject to sales tax. Ordinance 2010 -10, Section Ten (D) indicates that the Authority's Executive Director is responsible for the administration, management and operation of the airport and airport facilities. To efficiently manage and maintain a continuous revenue stream for these - facilities, it is necessary to fill vacant hangars in a timely manner. This agreement will be used to lease the Common/Cargo /Executive Hangar to the Sheriff's Office. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The rents to be received are already accounted for in the FY2012 budget. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and is legally sufficient for Board Action. A majority vote is required for approval. - -- STW GROWTH MANAGEMENT IMPACT: There is no growth impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute the attached Common/Cargo/ Executive Hangar Lease Agreement between the Airport Authority and the Sheriff s Office. Prepared by Chris Curry, Executive Director, Collier County Airport Authority Packet Page -1722- 6/26/2012 Item 16.G.1. COMMON /CARGO/EXECUTIVE HANGAR LEASE Akim zinEn 1 COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, SUITE 1, NAPLES, FLORIDA, 34114 (239) 642 -7878 LESSEE: Collier County Sheriffs Office LESSEE'S PHONE NUMBER: (239) 793 -9157 CONTACT: Chris Roberts LESSEE'S ADDRESS: 3319 Tamiami Trail East, Naples, FL 34112 1. PREMISES AND TERM: The Collier County Airport Authority ( "Authority ") hereby leases to Lessee Cargo Facility #2 at 205 Airpark Blvd, Immokalee, FL 34142 (Exhibit "A "), herein after the "Premises ". This Lease Agreement with no interest attached begins on July 1, 2012 and continues from month to month until at least 30 days' advance written notice to terminate is given by one party to the other. 2. FEE: Lessee shall pay an initial fee of $1,479.03 monthly in advance on the first day of each month without demand. This fee may be increased during the term of this Lease Agreement subject to Authority giving Lessee at least 60 days' advance notice of the increase. Any failure to pay the fee in full and in advance shall require payment of a late fee equal of thirty dollars ($30.00), and any failure to pay in full and on time shall be cause for termination of this Lease Agreement. 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. UTILITIES: Lessee is responsible for payment of all applicable utilities. Lessee must coordinate service with utility company(s). A. Authority shall provide the following utilities and services to the leased Premises: Water and Sewer for the fixed fee of $50.00 in advance on the first day of each month without demand. B. Lessee shall, at its own expense, be responsible for providing the following utilities and services to the leased Premises: all utilities and services not specifically stated in paragraph 3.A above as being provided by Authority which shall include, but not limited to, trash removal, electricity, telephone, air conditioning, heat, cable /satellite television, if so desired. Authority does not warrant the quality or adequacy of the utilities or services specified above, nor does Authority warrant that any utilities or services specified above will be free from interruption of any cause which is beyond Authority's reasonable control. Any such interruption will not be considered an eviction or disturbance of Lessee's use and possession of the leased Premises, or, otherwise, relieve Lessee from performing its obligations under this Lease Agreement. 4. COMPLIANCE: A. REGISTRATION - Lessee shall provide Authority with a copy of the permanent FAA Certificate of Aircraft Registration for any Lessee -owned aircraft to be stored under this Agreement. If Lessee has a temporary registration or if there is any change in aircraft ownership, Lessee shall have ninety (90) days in which to acquire a permanent registration or this Agreement may be terminated for cause. If the registration is not in the name of the Lessee, Lessee shall provide to Authority a copy of a valid exclusive lease or other document showing that Lessee has an adequate possessory interest in the aircraft satisfactory to the Authority's Executive Director. Packet Page -1723- LESSEE: 6/26/2012 Item 16.G.1. B. Lessee shall abide by the Collier County Airport Rules and Regulations, Collier County Ordinances, Federal, State and Local Laws, and the Federal Aviation Administration Regulations including environmental laws regarding the handling, discharge, and release and dumping of chemical and hazardous substances. C. Hazardous activities such as, but not limited to, welding, painting, doping, or the application of hazardous substances are expressly prohibited. D. The Premises shall not be used for the storage of flammable or explosive substances or items except for those substances or items as allowed by Collier County Fire Code. E. Aircraft shall be removed from the Premises for any activity involving the draining or adding of fuel products. F. Lessee shall keep the aircraft storage space clean and free of grease, oil, rags, paper and other debris. Oily rags shall be kept in metal containers with a tight fitting lid. G. If Lessee fails to maintain the Premises, the Authority may take corrective action at the expense of Lessee upon ten (10) days prior written notification. H. The Authority reserves the right to enter Premises at any time. I. Lessee understands that Authority has implemented an airfield security plan and/or vehicle access program with which the Lessee agrees to comply. 5. USE OF PREMISES: A. The Premises may be used for storage of aircraft, equipment, or supplies related law enforcement. No aircraft owned by third parties shall remain in or on the leased Premises, unless approved in writing by the Airport Manager. No aircraft(s) shall be parked on the _ramp overnight unless approved in writing by the Airport Manager. B. Lessee accepts `the Premises "as is." Authority shall maintain structural components of the Premises against ordinary wear and tear, including doors and door mechanisms. Lessee is responsible for all other damage to the Premises caused by Lessee's use of or presence at/in the Premises. C. No structural or electrical modifications, painting or alterations will be made to the Premises without prior written approval of the Authority's Executive Director or a designated representative. D. Lessee shall not attach any hoisting, winching, or holding mechanism to any part of the storage space, or pass any such mechanism over the beam or braces thereof. Floor- mounted electrical retrieval winches, which meet Collier County code requirements, may be installed in the Premises with the prior written approval of the Executive Director or a designated representative. 6. ELECTRICAL APPLIANCES: Limited electrical appliances are allowed in the Premises including portable fans, evaporative coolers, televisions, refrigerators, coffee makers, radios, powered tow bars, battery trickle chargers, vacuum cleaners, and commercial or industrial -type air compressors. Any appliance not having an explosion -proof motor must be elevated at least eighteen (18) inches above the floor. Prohibited appliances include, but are not limited to, electric heaters, hot plates, heat lamps, and stoves. No extension cords or appliances shall remain connected to any electrical receptacle when the Premises are not occupied. Lessee shall not allow use of electrical power by any other person. 7. MOTOR VEHICLES: Vehicles shall be driven on the aircraft operations area only by a licensed driver at a speed not to exceed fifteen (15) miles per hour. Lessee shall maintain acceptable limits of liability and property damage insurance on its vehicle and will exercise all controls and restraints necessary as to its employees, agents, and invitees so as to comply with this Agreement. AW Packet Page -1724- LESSEE: 6/26/2012 Item 16.G.1. 8. ENGINE OPERATION: No aircraft engine shall be operated in a negligent manner so that the propeller or exhaust blast may cause injury to persons or damage to property. Aircraft shall be towed into and out of the respective hangar unit by the Lessee without the usage of the aircraft mounted engine(s). 9. PROPERTY DAMAGE: Collier County and the Authority assume no liability for damage or loss to aircraft or other personal property stored under this Agreement. Aircraft and other personal property are stored at Lessee's sole risk. Any insurance protecting Lessee's personal property against fire, theft or damage must be provided to Authority by the Lessee. 10. ASSIGNMENT: The Premises is rented on a month -to -month basis. The Premises may not be sublet, assigned, or otherwise transferred without written approval of the Executive Director. Any attempt to sub - lease, assign, or otherwise transfer this Lease Agreement is void ab initio unless the Executive Director authorized same through his/her execution of a written agreement for same, and never to exceed a six (6) month duration. 11. AMENDMENTS: This Agreement may be amended only in writing by the Executive Director or a designated representative. 12. TERMINATION: This Agreement may be cancelled by the Lessee upon thirty (30) days written notice. The Executive Director or a designated representative may cancel this Agreement in accordance with the following: A. Curable Defaults — Violation of any tern or condition of this- Agreement -shall be cured within ten (10) days notice or within such other time as may be specified by the Executive Director or a designated representative. Notice of three (3) or more curable defaults within a cumulative twelve (12) month period whether such defaults are cured or not shall be grounds for termination for cause of this Agreement. Notice of a repetitive violation of the same paragraph within a twelve (12) month period whether such defaults are cured or not shall be ground for termination for cause of this Agreement. B. Non - Curable Defaults — Violation of the terms and conditions of non - curable defaults shall be ground for immediate termination of this Agreement. C. Without Cause — The Authority may cancel this Agreement, without cause, upon thirty (30) days written notice where such action is necessary for the public health, safety or welfare in the operation of the Airport as determined in the sole discretion of the County or Authority. Authority may terminate this Lease Agreement for cause by giving Lessee not less than three (3) days' advance written notice. Upon termination of this Agreement, if Lessee does not remove its aircraft and all other property brought onto the Premises by or on behalf of Lessee, Lessee agrees that Authority may summarily remove all such property without any liability. 13. NOTICE OF LIEN: The Authority shall have a possessory lien, from the date rent is unpaid and due, in all personal property stored within the aircraft storage space. Property stored in the storage space may be sold to satisfy the lien if Lessee is in default. In order to provide notice of sale to enforce the Authority's possessory lien, Lessee shall disclose any lien holder or secured parties who have an interest in property that is or will be stored in the storage space. 14. SECURITY AND KEYS: Lessee agrees to always cooperate with Authority in every respect, including security regulations. Security of the Premises and all property therein is the sole responsibility of the Lessee. Lessee shall provide Authority with a duplicate key to any lock or locking device that secures Packet Page -1725- LESSEE: 6/26/2012 Item 16.G.1. Page 4 of 4 the leased Premises. Authority will use the key to gain access only in the event that an emergency appears to necessitate immediate access by Authority. Authority shall not be responsible for theft, vandalism, pilferage, or other damage or loss to any property except that which may result because a lock or other locking device opened by Authority is not re- locked through negligence of Authority. 15. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) any vacant hangar may be used by Authority for temporary occupancy of any aircraft at the discretion of the Executive Director or Airport Manager provided such occupancy is to protect the aircraft from potential exposure to loss or damage because of the emergency. 16. INSURANCE: The Lessee shall provide all insurance deemed appropriate by the Authority, as determined by Collier County Risk Management. 17. This Agreement is governed by the Laws of the State of Florida. AS TO LESSEE: C 0 1 e 1155 A rVV.0TY (Print same of LESSEE) By: ! �) , /,14 - Title{ CHIgA' -PA - 44NI- tf rA,4 7-/0.4/ (If corporation,_LLC, partnership, etc.) AS TO AUTHORITY: COLLIER COUNTY AIRPORT AUTHORITY 0 Thomas Vergo, Airport Manager Chris Curry, Executive Director Packet Page -1726- 6/26/2012 Item 16.G.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1. Item Summary: Recommendation to approve and authorize the Airport Authority's Executive Director to execute the attached Common /Cargo /Executive Hangar Lease Agreement between the Collier County Airport Authority and the Collier County Sheriff's Office. Meeting Date: 6/26/2012 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 6/14/2012 9:38:26 AM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 6/14/2012 9:38:27 AM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 6/14/2012 10:02:13 AM Name: WilliamsSteven Title: Assistant County Attorney,County Attorney Date: 6/15/2012 10:11:19 AM Name: GreenwaldRandy Title: Management /Budget Analyst,Office of Management & B Date: 6/15/2012 10:45:17 AM Name: MuckelCynthia Title: Applications Analyst,lnformation Technology Date: 6/20/2012 8:30:36 AM Packet Page -1727- Name: OchsLeo Title: County Manager Date: 6/20/2012 4:38:26 PM Packet Page -1728- 6/26/2012 Item 16.G.1.