Agenda 06/28/2011 Item #16G2
6/28/2011 Item 16.G.2.
EXECUTIVE SUMMARY
Recommendation to approve attached Concessionaire Agreement between the Collier County
Airport Authority and Marco Aviation Inc. for Specialized Aviation Sen' ice Operations at the
Marco Island Executive Airport.
OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County
Airport Authority (Authority), approves the attached concessionaire agreement between the
Collier County Airport Authority and Marco Aviation Inc. (Tenant) for Specialized Aviation
Service Operations (SASO) at the Marco Island Executive Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Marco Island Executive Airport (Airport), which it Sub-Leases from Collier County pursuant to
a masler Sub-Lease Agreement dated May 14, 1994.
Tenant desires to sub-lease facilities at the Marco Island Airport to provide aircraft 11ight training,
aircraft charter and air taxi services, specialized commercial flying services, aircraft maintenance
and repair, and to sell aviation and non-aviation products, excluding fuel and petroleum products.
The term of the agreement is two years and continues from month to month until at least thirty
days advance written notice to tenninate is given by one party to the other. During the tenn of
the agreement, the Tenant shall pay the base renl and related charges applicable to the premises
in accordance with the uniform rate schedule in effect and published by the Airport Authority,
plus all applicable taxes.
In addition to the base rent, the Tenant shall pay the Authority a $200 commercial operating fee
annually.
FISCAL IMPACT: There is no fiscal impact associated with this Execulive Summary. The
rents to be received are already accounted for in the FY2011 budget.
GROWTH MANAGEMENT IMP ACT: None.
ADVISORY BOARD RECOMMENDATION: At the June 6, 2011 meeting, the Airport
Advisory Board voted unanimously to recommend that the BCC approve the Concessionaire
Agreement with Marco Aviation, Inc.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufticicnt for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier Counly Airport Authority, approves the attached concessionaire agreement between the
Collier County Airport Authority and Marco Aviation Inc.
PREPARED BY: Chris Curry, Airport Authority Executive Director
.,-.
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6/28/2011 Item 16.G.2.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.G.2.
Item Summary: Recommendation to approve attached Concessionaire Agreement
between the Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation
Service Operations at the Marco Island Executive Airport.
Meeting Date: 6/28/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authorily
6/15/2011 2:26:25 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
6/] 5/2011 2:26:26 PM
Approved By
Name: CurryChris
Title: Executive Director - Airpol1 Authority,Airport Authority
Date: 6/20/201] 8: 19:25 AM
Name: GreeneColleen
Title: Assistant County Attol11ey,County Attol11oy
Date: 6/20/2011 9:38:00 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/20/2011 10:] 8: 12 AM
Name: KlatzkowJeff
Title: County Attol11ey,
Date: 6/20/2011 11 :36:03 AM
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6/28/2011 Item 16.8.2.
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/2011 1 :58:31 PM
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6/28/2011 Item 16.G.2.
MARCO A VIA TION, INe.
CONCESSIONAIRE AGREEMENT
"Specialized Aviation Service Operations at the Marco Island Airport"
THIS AGREEMENT made effective this day of
2011, between the Collier County Airport Authority Board (hereinafter called the "CCAA") and
Marco Aviation, Inc., 2005 Mainsail Dr., Marco Island, FL 34114 (hereinafter called
"Concessionaire").
1. SCOPE. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the CCAA, the right to operate the following described Specialized Aviation
Service Operations (SASO) at the Marco Island Executive Airport, 2005 Mainsail Drive,
Naples, FL 34114, in conformance with the purposes and for the periods stated herein and
subject to all terms and conditions hereinafter set forth.
a. TERM. This Agreement shall be for a term of two years effective on the
commencement date and continues from month to month until at least thirty (30) days
advance written notice to terminate is given by one party to the other.
b. FACILITIES. The CCAA shall lease to the Concessionaire the following facilities and
space:
Terminal Counter Space 168 sq. feet of office and counter space
T-Hangar - 2 aircraft t-hangar storage spaces
Tie Down Location - 3 aircraft tie-down spaces
Storage Space - I equipment storage space
Easement for ingress and egress to the properties (hereinafter "Facilities") by the Tenant
and its employees and business invitees
c. USES. The Concessionaire is authorized to provide specialized aViatiOn service
operations. The services provided through Marco Aviation, shall be offered to the public
at all times that a reasonable demand for such services exist. Please see attached Exhibit
"A" specifically defining Ihe Scope of Services.
d. EXHIBITS. Attached hereto and included as though fully incorporated herein are a
Collier County T-Hangar Agreemenl and Collier County Tie-Down Agreement.
2. NOTICES. All notices from the CCAA to Ihe Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Marco Aviation, Inc.
2005 Mainsail Drive, Suite 3
Marco Island, FL 34114
All notices from the Concessionaire to the CCAA shall be deemed served if mailed by
registered mail to the CCAA at the following address:
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6/28/2011 Item 16.G.2.
Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34114
Attention: Robert Tweedie
Airport Manager
3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the CCAA and Marco Aviation, Inc.
Concessionaire is not an agent of the CCAA.
4. ASSIGNMENT. Concessionaire shall not assign this Agreement or any part thereof,
without the prior consent in writing of the CCAA. Any attempt to assign or otherwise
transfer this Agreement, or any part herein, without the CCAA's consent, shall be void. If
Concessionaire does, with approval, assign this Agreement or any part thereof, it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Concessionaire has assumed toward the CCAA.
5. PERMITS. LICENSES. TAXES. The Concessionaire shall obtain and pay for all
permits and licenses necessary for the conducting of business and shall comply with all
laws governing the responsibility of an employer with respect to persons employed by the
Concessionaire. The Concessionaire shall also be solely responsible for payment of any
and all taxes levied on the concession operation or any other taxable activity on the
premises. In addition, the Concessionaire shall comply with all existing and future
applicable rules, regulations and laws of CCAA, the State of Florida, or the U.S.
Government.
6. CONSIDERATION.
Rent and Fees.
a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual
payment ("Rent"). The total initial annual amount of Rent shall be in accordance with Table
"A" below, which includes applicable FL sales tax (6%).
TABLE "A"
INITIAL YEAR SCHEDULE ONLY
Description of Facilities Rental Rate Basis Total Monthly Total Annual Rent
Rent wfTax wrrax
168 sq. ft. of fmished office and cOWlter space. $18/sq.ft.lyear $267.12 $3,205.44
1 Aircraft storage t-hangar Wlits (1,071.6 sq. ft. each) $0.322/sq. ft.lmonth $365.77 $4,389.24
I Aircraft storage t-hangar Wlits (1,071.6 sq. It. each) . ..~
$0.322/sq. ft.lmonth $365.77 $4,389.24
1 Equipment storage t-hangar Wlit (517.5 sq. ft.) $0.229/sq. ft.lmonth $125.62 $1,507.42
**1 Twin engine aircraft tie-down space (see 4.e.below) $100.00/ month -
$.00 $0.00 ($1,200 Tie-
Down fee waiver)
I **2 Single engine aircraft tie.down spaces (see 4.e. $75.001 month/space $0.00 I $0.00 ($1,800 Tie-
below) I Down fee waiver)
Commercial Operating Fee (see 4.c. below) $200/year N/A $212.00
Total $13,703.34
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b. Adjustment of Annual Rent. Commencing with the first anniversary of the
Commencement Date, and on each anniversary date thereafter, Tenant Base Rent may
increase; provided, however, such increases shall occur only when it shall be determined
that there has been an increase in the cost of living using the official Consumer Price Index
Urban Wage Earners (CPI-U) base published by the Bureau of Labor Statistics, United
States Department of Labor. The Consumer Price Index to be used will be that for the South
Urban Size C Area (or comparable index if such index is discontinued), hereinafter called
"CPl". An increase in the monthly Base Rent for the successive Lease Years, if any, shall
be based upon a comparison of the most recent CPI published for the current Lease Year
against the most recent CPI published greater than 12 months preceding the most current
CPI. The amount of the additional Base Rent shall be the percentage difference between the
two preceding cpr s. In no event shall the Base Rent, once increased, be decreased, nor
shall it be increased more than once in a 12-month period.
c. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant
shall pay a fixed annual commercial operating fee of $200.00 per year, plus applicable Florida
sale tax.
d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and
services that are furnished to the Facilities. The application for and connecting of utilities,
as well as all services, shall be made by and only in the name of the Tenant. The Authority
shall not be responsible for payment of any utility fees, monthly service fee or otherwise.
Exceptions: Renl includes basic electrical utilities in the Facilities, HV AC, water and
wastewater. Tenant shall participate in energy conservation practices established by the
Airport Manager in common with other tenants in the same metered facility.
e. **Tie-Down Fee Waiver. The 2011 Rates and Charges schedule approved by the Collier
County Airport Authority provides for the waiver of nightly aircraft tie-down/parking fees
with fuel purchase. Therefore, tenant will be granted a tie-down fee exemption throughout
the term of this agreement provided fuel is purchased for aircraft operated by lenant
consistent with their commercial aeronautical activities. Fuel purchases must meet the
requirements of the then current rates and charges throughout the term of this agreement.
7. DEFAULT IN PAYMENT. Monthly rent and required fees must be submitted to the CCAA
and be received by the fifteenth (15th) of each month. In the event the Concessionaire fails to
pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty
Dollars ($50.00) for each such late payment, in addilion to interest at the highest rate allowable
by law. If the payment of consideration and accumulated daily penalties are not received within
thirty (30) days after the normal monthly due date, then the CCAA may take possession of the
Concessionaire's assets on CCAA property and may cancel this Agreement. A monthly report
of activities shall be submitted to the CCAA or their designee by the fifteenth (15th) of each
month. This report shall accompany the monthly statement of gross revenues and will be
subject to audit. The CCAA has no duty to notify the Concessionaire of its failure to remit any
such payment or report
8. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable
causes beyond the control of Concessionaire, and not due to its own fault or neglect, including
but not restricted to, acts of nature or of public enemy, acts of government or of the CCAA'
fires, floods, epidemics, quarantine regulations, strikes or lock-outs, the CCAA will allow pro
rata adjustment of monthly payments up to the time such damage is repaired.
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6/28/2011 Item 16.G.2.
9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Marco Island Airport Concession any personal property brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except such
items as may be removed with the express written permission of the Airport Manager. Upon
expiration of the term specified in paragraph lea), if the Concessionaire has made full payment
under this Agreement, and has fully complied with the terms of this Agreement, he may
remove his personal property including equipment from the Marco Island Airport Concession
and shall do so within fifteen (15) days following the expiration of this Agreement, provided
such personal property and equipment must be removed without damage to the premises. On
Concessionaire's failure to do so, the CCAA may cause same to be removed and stored at the
cost and expense of the Concessionaire, and the CCAA shall have a continuing lien thereon in
the amount of the cost and expense of such removal and storage until paid, and CCAA may sell
such personal property and reimburse itself for such costs and expense, plus all expenses of the
sale.
10. RECORDS. AUDIT. Concessionaire shall establish and maintain such records as now exist and
may hereafter be prescribed by the CCAA in the future to provide evidence that all terms of this
Agreement have been and are being observed. The Concessionaire grants to the CCAA the
right and authority to audit all records, documents, and books pertaining to the concession
operation. Such audit will be conducted at locations and at a frequency determined by the
CCAA and communicated to the Concessionaire. The Concessionaire agrees to provide
materials for the audit at the place designated by the CCAA within three (3) business days after
the CCAA's notice to do so is received by Concessionaire, all at no cost to the CCAA.
Concessionaire shall use electronic point-of-sale cash control equipment for the proper control
of cash paymenls. Cash register tapes must be maintained and made available to the CCAA
upon demand during the entire term of Agreement. All electronic cash control equipmenl and
accounting procedures shall be with the approval of the CCAA Finance Department.
II. COOPERATION. The Concessionaire agrees to cooperate with the CCAA in the conduct of
surveys and to provide reports of visitor usage of all concession services. The CCAA shall
provide Concessionaire with advance notice of any special event and shall coordinate with the
Concessionaire regarding same. CCAA shall provide Concessionaire with notice of the
availability of plans for any remodeling of the facilities.
12. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the concession
operation by any public agency or official in enforcing their duties or any laws or ordinances.
Any such interference shall not relieve the Concessionaire from any obligation hereunder.
18. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the CCAA from all demands,
claims, actions and causes of action arising from this Agreement, except intentional torts.
19. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its
control or supervision, cause to be filed upon the property any lien or encumbrance of any kind.
In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten
(10) days after written notice to do so from the CCAA.
25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to
use in any manner whatsoever, the concession facilities for any improper, immoral or offensive
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6/28/2011 Item 16.G.2.
purpose, nor for any purpose in violation of any federal, state, or CCAA law, ordinance, rule,
order or regulation, or of any applicable governmental rule or regulation now in effect or
hereafter enacted or adopted.
In the event of any violation of this Agreement by the Concessionaire, or if the CCAA or its
authorized representative shall deem any conduct on the part of the Concessionaire to be
objectionable or improper, as noted on the Concession Inspection Report, the CCAA shall have
the right to suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the CCAA. The
Concessionaire shall not commence operation during such suspension until the violation has
been corrected to the reasonable satisfaction of the CCAA. Uses must be in compliance with
approved uses as set forth in Exhibit" A", attached.
26. PRICES. The Concessionaire agrees that prices and fees charged for specialized aviation
service operations will be competitive with those charged for similar services in the general
vicinity.
28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such defaull is not cured within fifteen (15) days after written
notice is given to the Concessionaire, the CCAA may cancel this Agreement and revoke the
privilege of the Concessionaire to come upon the CCAA's property for purposes for which the
concession was granted and may oust and remove all parties who may be present, or may
occupy any part of the premises for Ihe purpose of exercising any rights so revoked.
29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the
premises. All facilities located on the premises shall be made available to the public, subject to
the right of the Concessionaire to establish and enforce rules and regulations to provide for the
safety, orderly operation and security of the facilities.
30. TERMINATION. The Agreement may be lerminated by the CCAA immediately due to any
material breach of this Agreement. The CCAA shall be sole judge of non-performance. Further
the CCAA may terminate this Agreement for its convenience by giving the Concessionaire not
less than a thirty (30) day written notice of such intent. During the notification period, both
parties agree to meet its respective contractual obligations in good faith.
31. CCAA CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement
will preclude the CCAA from using the public areas of the Marco Island Airport for public
and/or civic purposes. In Ihe event of occurrences previously mentioned, the Concessionaire
will be notified, as deemed necessary by the CCAA or their designee.
32. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA.
33. VENUE. This Agreement shall be governed by and construed in accordance with the Law of
the State of Florida.
34. INDEMNIFICATION. To the maximtun extent permitted by Florida law, the Concessionaire
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
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6/28/2011 Item 16.G.2.
conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the
performance of this Agreement. lbis 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.
lbis section does not pertain to any incident arising from the sole negligence of the Collier
County Airport Authority. Collier County's liability is subject to the limits in Section 768.28,
Florida's Sovereign Immunity Act.
35. INSURANCE. Before commencing work of any kind (I) the Concessionaire shall procure the
following insurance with insurance companies licensed in the State of Florida, and (2) shall file
evidence of such insurance with Collier County's Risk Manager.
A. Commercial General Liabilitv: Coverage shall have minimum limits of $3.000.000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent contractors; Products
and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with all their applicable state and federal laws.
C. Automobile Liabilitv: OwnedINon-ownedlHired Automobile Included limits of
$1,000,000 Each Occurrence.
Special Reouirements: Collier County Airport Authority shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be maintained
by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to
the CCAA at least 30 days prior to any cxpiration date. There shall be a 30 day notification to
the CCAA in the event of cancellation or modification of any required insurance coverage.
Concessionaire shall insure that all of its subcontractors comply with the same insurance
requirements that Concessionaire is required to meet. The same Contractor shall provide
CCAA with certificates of insurance meeting the required insurance provisions.
36. LEASE MANUAL. The Concessionaire 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 the
Concessionaire shall be bound by the terms of this Lease Manual, as of the 1 st day of the
second month that Concessionaire 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.
37. THIS AGREEMENT shall be administered on behalf of the Collicr County Airport
Authority. As used herein, the acronym "CCAA" shall refer to the Airport Director or his designee unless the context renders such construction ilIogical.
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IN WITNESS WHEREOF, the Concessionaire and the CCAA, have each, respectively, by an
authorized perSon or agent, hereunder set their hands and seals on the date and year first above
written.
DATED:
A TrEST:
DWIGHT E. BROCK, CLERK
OWNER:
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTV, FLORIDA
Deputy Clerk
BY:
Fred W. Coyle, Chairman
Approved as to form and
aI sufficiency:
c~
oUeen Greene
Assistant County Attorney
CONCESSIONAIRE
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First Witnes~
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Typed/print witness name
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BY:
Si e of President
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Second Witne
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7
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Exhibit A
Page I of3
EXIDBIT "A"
SPECIALIZED A VIA TION SERVICE OPERA TONS (SASO) DESCRIPTION
MARCO A VIA TION
Tenant is authorized to conduct the following Specialized Aviation Service Operations. in
accordance with the provisions of the Minimum Standards for Commercial Airport Aeronautical
Activity and Service Providers adopted by the Collier County Airport Authority.
I. Aircraft flight training
2. Aircraft charter and air taxi services
3. Specialized commercial flying services
4. Aircraft airframe, engine and accessory maintenance and repair
5. The sale of aviation and non-aviation products, excluding fuel and petroleum
products.
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T - HANGAR LEASE AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
:W05 MAINSAIL DRlVE, SUITE]
NAPLES. FLORIDA 34114
(239) 642-7878
THIS LEASE AGREEMENT is made and entered this ~ day of .20] I, by
and betwecn the Collier County Airport Authority (hereinafter referred to as "Authority"). and:
Name: Marco Aviation. Inc.
Type of Entity: (circle one):
Ind' ,. ual
o oratio insert State ofIneorporation): t- 10<" \ d 0....
Limited Liability Company (insert State where formed):
Partnership (insert State where registered):
Other (describe):
Phone Number: (239) 394-0010
Address: 2005 Mainsail Drive. Suite 3. Naples. Florida 34 114
(hereinafter refeITed 10 as "TenanC)
1. PREMISES: The Authority hereby leases to Tenant T-hangars _5 !:.Land ~,it at the Marco
Island Executive Airport.
2. AlTHORIZED AIRCRAFT: The Premises shall only be used for the parking and storage of the
Tenant's following deseribcd aircraft:
Aircraft I.D.: IY? I tl /1 V .
Aircraft Color: Lvl-..T E / f{ /... 0 :::
Aircraft Make: _C :::. <5 i! ''1
Aircraft Model: "j' 1[\ K.
Aircraft 1.0.: _~{ !vII';)'
Aircraft Color: _"j; (' . ('.
Aircraft Make: '\ '
Aircraft Modcl:
. /.
Il,'-'-
3. TERM: The tcrm oflhis agreement will commence on the 1st day of___~__, 2011. and will
continue on a month to month basis until at least 30 days' advance written notice to terminate is given
by one party to the other. The Authority may tem1inate this Lease for cause. as defined below. on 3
days writlen notice to Tenant.
4. RENT: In consideration of the rights granted herein, Tenant shall pay the ..\uthority during the term
of this Agreement the base rent and related charges applicable to the Premises in accordance with the
uniform rate schedule in effect and published by the Authority. togethcr with all applicable taxes.
including state sales tax. This rate schedule is suhjeet to adjustment bv the Authority. Any chan~e in
the rale :chedule will become effective with respe~t to the i:ee ovV(:d by this I_eas~ ;, of the I" d;y of
the seeond month following such change. Payment shall be due in adyance on the first day of each
month without demand. -\ny failure to pay the fee in full and in adyance shall require payment of a late
fee equal to thirty dollars IS30.(0) and any failure to pay in full and on time shall bc cause lor
termination for causc of this Lease. In addition to a latc charge. in the e\Cnt Tenant fails to pay thc
Page 1 of6
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6/28/2011 Item 16.8.2.
rentals. fees or charges as required to be paid under the provisions of the Lea,e Agreement within thirty
(30) days after the same shall hecome due. interest at one and one half perccnt (1.5%) pcr month shall
accrue on the delinquent payment(s) unlil the same are paid.
5. ~1AlNTE'\ANCE: Tenant accepts the premises "as is." Tenanl shall maintain structural
components of the hangar against ordinary wear and tear. including doors and door mechanisms.
Tenant is responsible for all other damage to the premises caused hy Tenant's use of or presence at/in
the premises.
6. LIABILITIES: Tenant hereby \\aives all future claims against the /\uthority, its employees. agents
and/or representath es for any and all Iiahility for d:ullage to the aircraft and any other property in or
around the hangar except for physical damage caused by mO\ement of aircrafi solely by the Authority's
cmploy'ees, agents or representatives without any participation in such movement (or instructions to
move same) from Tenant or T enan!' s agents. employces or any othcr person with apparcnt authority on
hehalf of Tcnant. Any act or usc of thc premises hy Tenant not cxpressly authorizcd by this Lcase
Agrecment including storage of any tlanlmahlc liquid or gel in the hangar or in the aircraft. and/or
storage of other than aircraft fuel and oil in the aircrali's tanks is unauthorized use. Hazardous
materials are strictly prohibited.
7. t:SE OF PREMISES: The premises shall bc used only I(lr storage of airworthy aircraft only and
tools associated with aireraft repair that would not constitute a lire hazard. Painting and major aircraft
repairs therein are prohibited. T-Hangars are not to be used as sleeping quarters or storage of personal
vehicles with the following exception. The aircralis owner's vehicle may he parked in the hangar
\\ hile the aircraft is in transit. \Vithin the T -Ilangar. Tenant shall he permitted to perform only repairs
and/or maintenance speeifieally authorized under Federal ..\ir Regulations, Part -13. Section 43.3.
Prc\entative Maintenance unless otherwise authorized by the Executive Director or their designee.
This maintenance may he pcr!()(111ed hy the owner/'pilot of the aircraft of a licensed A&P mechanic that
Ieascs T-Hangm space atthc airport. If a T-Hangar Tenant desires to have a mechanic or technician
that does not lease space at thc airport. the I()lhl\\ing p(jlicv "ill he adhered (0. All commercial
mechanics. technicians, or other persons doing husincss j(lI' compensation that do not lease space at the
airpol1 shall he required to register with the Authority. give proof of liahility insurance and sign a
statement holding the Authority harmlcss. list qualijications. liccnses. ctc.. and pay a vendors fee in the
amount of $25.00 per day. "'henner separale airport maintenance facilities are not availahle,
annual inspections will he approved hy the Airport \fanager with prior approval. All othcr use of
Of storage within the premises is strictly prohil1itcu unless authorized in writing l1y the Airport
~ lanager.
8. TERMINATION FOR CALSE: '\o(withstanding thc nutice prO\ ision of paragraph 3 abO\e, thc
Authl)rity may tcnllinate this 1.case Agrccment j(lr cause by giving Tcnant nut less than three (3) days'
advancc written notice to \'3cak. Any hreach of this agreement hy Tenant is causc for such
temlinatiun. If Tenant does not remu\ e its aircrali and all other property hrought onto the premises by
or on behalf of Tenant. the ..\uthority may summarily rem(\\ c all such property "ithout any liabilitv.
9. ACCESS. SEU,RITY A'\D KEYS: lenunt cxpressly authorizes the ..\uthority's ExeclIlive Director.
or other July authorized representative or a!2ents or Authority, access at all reaslmablc tiInes to the
Premises. T~cnant agrees to' always CO()rCral~ with the :\utho~'ity in evcry rc~pect. including security
regulations. Sccurity of the hangar and all property therein is the sole responsibility or the Tenant.
T cna11l shall pnwide the Authori1\' with a duplicak kcy t(\ any j'1Ck or locking device that secures the
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6/28/2011 Item 16.G.2.
Premises. The 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 thc
Authority is nol re-Iocked through ncgligence of the Authority.
10. EMERGENCY SITUATIONS: In the evcnt of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at thc discrction of the Executive Director provided such
occupancy is to protect the aircraft from potential exposure to loss or damage because of the
cmergency.
11. LEASE MANUAL: Tcnant shall he provided with the Authority's Lease Manual (if any), which
the Authority may be amend from time to time. The terms of this manual shall he deemed to be
incorporated by refcrence into this Agreement. and Tenant shall he bound by the terms of this Lease
Manual, as of the I st day of the second month Tenant receives a copy of the Lease Manual or an
amended Lcase Manual. With respect to any tcrms in this Lease Agrccmcnt which arc in conflict with
the Lease Manual. the Lcase Manual shall control.
] 2. RULES AND REGULA nONS: Tcnant shall comply with the Authority's published Rules and
Regulations for this illrport. which are on me at the address sct forth above. as such rcgulations may he
amended from timc to timc by the Authority including such reasonable and unifonn landing fees, rates or
charges_ as may frOln time to time be Icvied for airfield operational privileges and/or services providcd at
the Airport.. Tenant shall also comply with any and all applicable govemmental statutcs, rules, orders and
regulations. Tcnant shall not allow any signs, cards or placards to be posted or placed on the Prcmises
without prior mitten appnmll of the Authority.
13. ASS1GNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assi!,,'l1 this Lease, and
may not sublel thc Prcmises, or any part there()f without advance written approval from the Authority,
which approval shall be in the Airport Dircctor's sole discretion.
14. DISCHARGE OF LIENS: In the cvent of thc filing of any mechanic's lien or materialman's licn or
liens, or any other charge whatsoever against the Premises or any improvement thereof during the tenn of
the lease, (or any extension thereof), Tenant immediately shall take all necessary steps to secure the release
of same. In the event Tenant fails to take reasonable steps to secure the release of any such liens or
charges, the Authority upon ten (10) days' prior \\Titten notice to Tcnant, shall have the right and privilege
of taking the necessary steps, including paymcnt. to secure the release of any such lien or charge. al1d any
amount so paid by the Auth01ity including reasonable expense and costs (including anomey's fees), shall
be added to the remal due hereunder from Tenant to the Authority and shall be paid hy Tenant to the
Authority immediately upon receipt by Tenant from the Authority of any itemized statement thereof.
15. INDEMNIFICATION: Tenant shall defend_ indemnify, and hold Authority and its officers, agents,
servants, representatives and employees harmless hom and against any and all loss, damage, actions,
lawsuits. claims. cost atld expense (including allOme)S' fees), as a result of any personal injury. death,
property dan1age. penalty. fine or any other claim or suit of whatever nature. arising in any ,-yay fr0111
Tenant's occupancy and use of the Premises or the Airport. Any cmd all other personal propel1y o{,Tenant
or his ofticcrs. clnployecs, servants. agents. guest<=; or business vlsitors shall he stored and othen\'ise used
on the Airport at Tenant's soh.: risk ofdaIl1agi: ur loss.
16. INSURANCE REQUIREMENTS: Tenant shall secure atld maintain in !(}rce at its expense liability
insurance coverage for its actiyities on the ai'lX1rt. occupation of the", Premises and on Temmt' s liability
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under the indemnities set forth in this lease manual and in the lease agreement. The insurance policy shall
have covcrage limitations providing no less than $100,000.00 pcr person and $300.000.00 per incident and
shall not be subject to cancellation or material change except after thirty (30) days prior wTittcn notice of
such cancellation or material ehangc to the Authority. Tenant shall secure ,md dcliver to Authority
appropriate insurancc certificales showing eyidcncc of the w\'cragc as required hcreunder. Said insurance
policy or policies providing such coycrage. as wcll as the insurcrs providing same, shall be subjcct to the
prior reyicw and approval of Authority. The said insurance policies shall contain a clause or endorscment
by which the insurance carner(,) waives all rights of subrogalion against Authority. except where the
Authority or its Agents are guilty of a specific acl or negligence. Insurance requirements are expressly
suhject to change in the Authority's Lcase Manual.
17. SURRENDER-DAMAGES: Tenant. at the tennination of the lease, will immcdiately surrender,
release and yield up the premises to the Authority peaceahly, quietly and in good order and condition,
reasonahle wear and tear excepted. and failing so to do \\ill pay as rcntal to Authority for the entire time
such possession is withheld, the sum of Tcn Dollars 1$10.(0) plus one thirtieth of the monthly rental in
effect at the time of said ten11ination. per day or filr any such pcnalty or paymcnt as may bc provided in the
Lcase, al the option of the Authority: provided that the pnlyisions of this clause shall not be dccmed a
waiver by Authority of any right of re-entry as herein pro\'ided. nor shalllhe receipt of said rent. or any
part thereof or any other act in apparent aClimtation of tenancy. by Authority. opcrate as waiver of any
right or remedy a\'ailable to Authority hereunder for a brcach of any of the co\enants containcd in the
lease agreement. ('pon the expiration or termination of the lease. Tenant shall remove its personal
propeny and equipment from the premises. and I'enant shall he liable for and psy fix any damage caused
to the premises or any other properlY of Authority as a rl'5ult or Tenant's occupation of the premises.
TCI1;:.ml's rt?nlovu! or failure 10 rCT11()\'(' Tenant's propet1y. including hut not liIl1ited to any and all costs
incurred by the Authority in removing and storing Tenant's propcT1y.
18. DEl'A liLT -TERf\lINATlO'\:
il.. In the event ofdefsult hy Tenant in the payment of the rental obligation on the day the ssme becomes
due or payable. whieh default cOlllinues fiJr ten (10) ds's. or in the event of any defsult by Tenant with
respect to any other Co\enalll or obligstion of Tenant under the lease agreement. then in any or either of
such events. Authority at its election. at or aner the C':\piration of ten (10) days! previous not1cc in writing
of such default sent as prm ided belo\\ to Tenant. ma\ declare a !ilr!eiture and termination of the lease. and
at that time all rent duc or to b,'coll1e due under the then existing lem] of the lease shall hecome
immediately due and payahk.
B. In addition. Autl1l'ril\ ma\ rc-elller said Premises. alkr expiration of eJfectivc notice. \\ith or without
process of Jaw and. if' llcn:ssary. remO\"l' Tcmml or any !K.TS(IIlS occupying said Premises under Tenant.
without prejudice to all:' remedies \\-hich might othCT\\'ise he <.l\'::'lilaDlc. Tenant \\ai\'cs any dcnland for
possession of the Premises and any ~trllcture. prorcny or impnn'Cml:l1t then situated Lherenn. and upon
termination at ;-;uch election of Authority. l"'.:n.111t I11ll.:..;t surrender ::'H1d ddi\'er the Prelnist.'s immediately,'.
c. Authorit\, funher sh::'.dl have the rj~.dH to terminate the \case aL:.r~Cml~nt in the e\ent orthe (X~eurrence
of an\' of th~ follo\\'inL': illsol\'l'llC\ ,;1' lellallL liquidation or di~solllli(ln <11' Tenant: the institution of a
nI1U1~lary or in\'olunt~~ry b.1nknlptC) pn,xeeJing hy or .1gainst Tenant: assignment hy Tenant for the
bCl1(.'tit of creditors: the appointment or ::'1 fccein.'r or tnlslcl' to Illanagc the propl.:"rty or Tenant or if
Tenant fails to adhere to the pn\\'islnns ol'the agreement.
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D. All the remedies referenced herein shall be in addition to and not in derogation of any remedies
provided in the Lease or available at law or in equity.
19. DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part by fire, or other ca'iualty, Tenant, at its oplion, may terminate this
Lease or, at its cost and expense, may elect in writing to Authority to repair or reconstruct said Premises or
improvements. Such cleetion shall be made within thirty (30) days of the date of such destruction. Ifsuch
election is made. rental payments shall continue unahated and uninterrupted.
~O. AIRPORT DEVELOPMENT: Ille 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
Tenant, and without interference or hindrance.
~J. ATTORNEY FEES: Tenant shall pay the cost of collection and reasonable attorney's fees whenever
the Authorily retains the service of an attorney to collect overdue rents or to enf{,rce any other term or
condition set forth in this Lcase or Lease Manual.
22. AIRPORT OPERATIONS: Tenant shall prevent any use of the Premises which would interfere with
or adversely affeet the operation or maintenance of the Airport. or othcrwise constitute an airport haz.ard,
and will restrict the height of structures, objects of natural gro'W1h and other obstructions on the Premises to
such height as comply with Federal Aviation Regulations. Part 77.
23. CONDEMNATION: I[ at any time during the tenn oflhe lease, title to the whole or substantially all
of the premises shall be taken in condemnalion proceedings or by any right of eminent domain, the
affected lease(s) shall ternlinate and expire on the date of such taking and the fixed rental and other charges
payable hereunder shall be apP0l1ioned and paid to the date of such laking. 1"othing in this parah'Taph is
intended to waive Tenant's constitutional rights to be compensatcd by any government person or
organization which appropriates Tenant's private property.
24. REMEDIES CUMULATIVE-NO WAIVER: The rights and remedies granted to Authority under the
lease agreement shall be deemed to be 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.
25. DOMINANT AGREEMENTS: This Lease Agreement is subordinate and subject to all eXlstmg
agreements belween the Authority and the Federal Aviation Administration, the Authority and the Stale of
Florida, and the Authority and Collier COWlty. 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 Govemment
for military or naval or similar use. and. if such lease is executed, the provisions of this Lease Agreement
insofar as they arc inconsistent with the provisions of the lease to the Govemment, shall be suspended.
Any executed aL'reement shall be subordinate to the provisions of any existing or future /\greement
bet;wen Authori~y and the United States, relative 10 the llperation or maintenancc of the Airport, the
execution of which has been or may be required as a cllndition precedent to the expenditure of Federal
funds !{)r the development of the Aiqxll1.
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6/28/2011 Item 16.G.2.
IN WJTNESS WHEREOF. the parties hereto. by their duly authorized representatives, have
executed this Lease Agreement on the date first above written.
AS TO TENANT:
Peuuv L. Villard
(Print name of TENANT)
I) .7 /./;/ .
By: l"'t;::;...;..('j~(j./~,-rL.
)/1
Title: President .________
(11' corporation. LLC. partnership. etc.)
AS TO AUTHORITY:
COL;;;;5:;:~rrY 711THORITY
By:fl.~!? ~~ . _
'-1Zobe Tweed'. Airport.
co /'-'/,.~, //:,..
B). Wt.l(...)(,." ./.)1 i..__~
CHRIS CURRY. Execu:~\rDirector
./
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6/28/2011 Item 16.G.2.
$>~~~1l11lPO"'",,,,
! 1
..
TIE DOWN AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE. SUITE 1
NAPLES. FLORIDA 34 114
(239) 642-7878
THIS LICENSE AGREEMENT is made and enlered this ___._ day of ,2011,
by and between the Collier County Airport Authority (hereinafter referred to as "Authority"). and:
Namc: Marco Aviation. Inc.
Type of Entity: (circle onc):
InOlvidll:ll
Q';;morati(;:;u,nseI1 State of Incorporation): F 'c ,. I cI ''-
Limited Liability Company (inscrt Stale where formed): ___~____.._______
Pal1ncrship (inscrt Statc wherc rcgistcrcd): ____
Othcr (descrihe):
Phone Numher: 239-394-0010
Addrcss: 2005 Mainsail Drivc. Suitc 3. Naplcs. Florida 34114
(Hereinafter referred to as "Licensee")
1. PREMISES AND TER\1: The Authority herchy licenses thrce (31 aircraft parking spaces at the
Marco Island Executive Airport. The speci tk location of parking space is subject to dctermination by
the Airport Manager or designce and may be changcd from timc-to-time by the Airport Managcr or
designee without any permission or approval from Licensee. This bare license with no interest attached
hcgins on for nincty (90) days. and will continuc on a month to month hasis until
at least 30 days' advance writtcn noticc to tenl1inate is given by one party to the othcr. The Authority
may terminatc this agreemcnt t(lr cause. as defined below. on 3 days written notice to licensee.
2. AUTHORIZED AIRCRAFT: Thc Prcmiscs shalll1l11y he used for the parking and storagc of the
Licensee's following descrihed aircrati:
Aircraft I.D.: ~ Ii ./
Aircratt Color: __~'~~" S!~ /.. ,-' c
Aircraft Make: t:::' .-:. ~\11 V K
Aircrati Model: _3.111.&...___
Aircratt I.D.: /-17'1.,7;::- r?
Aircraft Color: _~7':'~ ./ );::j..-,~_ _
Aircraft Make: Uj'1 .1'1 ;:., f-.!..'________
!\ircraft Model:___O...iL.________
Aircraft 1.0.: IY S'i~')-cL___
Aircraft Color: Ie : h iT c' / 13 ~ L;;_
Aircraft i\1ake: ~ =- ~::, f ..::.,..
_________"'-L'~__ __ ___
Aircrafi I'v1odel: _..J_'7')__....__~
3. [EE: Licensee shall pay an initial parking fcc of $0.00 monthly. plus applicahle Florida sales tax in
advance on thc first day of each month without dcmand. This fec may bC increascd during the term of
this license suhject to the Authority glving Licensee at least 60 day" s advance notice of the increase.
Any failure to pay the ke in full and in advance shall rcquirc payment of a late fce cqual to thirty
dollars ($30.00) and all) failurc to pay in full and un timc shall be cause for tcnnination for causc of
this agreclnenL In addltion to a late charge. in the event Licensee fails to pay the rentals. fees or charges
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6/28/2011 Item 16.G.2.
as required to be paid under the provisions of the agreement within thirty (30) days after the same shall
become due, interest at one and one half percent (1.50,,,) per month shall accrue on the delinquent
payment( s) until the same are paid.
4. IvlAINTE1\iANCE: Licensee accepts the premises "as is." Licensee IS responsible for all other
damage to the premises eaused "y Lieensee's LIse of the premises.
5. !.lABILITIES: Licensee hereby waives all future elaims against the Authority, its employees,
agents and/or representatives for any and all liability for damage to the aircraft. Any aet or use of the
premises by l.icensee not expressly authorized by this agreement. including storage of any flammable
liquid or gel in the aircraft, and/or storage of other than aircral1 fuel and oil in the aireratl's tanks is
unauthorized use. Hazardous materials are strictly prohibited. The Authority shall have no obligation
10 take any measures to protect the aircraft from weather, including wind. The Authority shall have no
obligation to noti!\- the Permittee of any approach of inclement weather. including any hurricane.
6. 1 'SE OF PREMISES: The premises shall be used only IClr 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 /\irport ivlar13gcr.
7. TERMINATION FOR c.\l'SI:: Notwithstanding the notice prO\ision of paragraph 1 above, the
Authority may terminate this agreement flJr cause by giving I ~icenscc not less than three (3) days'
advance written notice to \acare. Any breach of this agreement by l.icensee is cause jc)r such
termination. If Licensee does not remove its aircraft and all other propeny brought onto the premises
hy or on behalf of I.icensee, the Authority may summarily rcm(l\'e all such property without any
liahility.
8. S.L(]J~ITY AND K I;;Y 5.: I.icensee agrees to cooperate with the Authority in e\cry respeeL
including security regulations. The Authority shall not bc responsible for theft. \'andalisll1, pilferage, or
other dam3ge or loss to an) property except that which result through negligcncl.: ufihe Authority. The
Authority's liahilit\' is subieet to the limits of Section iIlS.:'S. Fla. Stat.. Florida's SLl\ereign Immunity
l.aw.
9. I,L\Sr: MANl iAL: Licensee shall he pro\'ided with thc Auth,'rity's I.ease rVlanual (if any), which
the Authority may amcnd from time to timc. The terms of this manual shall be deemed to "e
incorponl1ed by ret,-,rence into this Agreement. and Licensee shall be bound hy the terms of this Lease
\'lanual. as of the 1" day of the sccond month l.ieen>c'e recti\ cs a copy of the I_case '\'lanual or an
amended Lease \1anuaJ. \\'ilh respecl to an) terms in ~his agreement. \\ \1i<.:h are in conniet with the
Lease 1\13nu,lI. the Lease Manual shall COll\rol.
10. RUI.FSJ\.':i[)_RE(~LL'\IJ()'\_S.: Licensee shall cOlllply with the Authority's published Rules and
Regulations ror this airpot1. \\hieh ~_m: on file at the address set !()loth ahcwc, as such regulations may be
wl1cnded fi'oll1 time to timc h) the .-\llthorily including such reasonable and unif<11111 landing fees. rates or
charges. ~!S 111;1: ii'om time to lime: he k'yicd J()]' ~lirficld opLTatinnal privikgc-s and/or servic\.:'s prc)\ ided at
the Ai'l)()rt.. Licensee shall also comply wnh an\ and all applicable gowll1l11cntal statutes, rules. orders
and rl'guJutidns. Llccnscc shall nut allc)\\- <:lilY slgns. c;1rds or placards 111 l1c posted or placed on the
Premises \vithoUl prior \\Tittcn appnwul of the ;\uthority.
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6/28/2011 Item 16.G.2.
11. ASSIGNMENT: This agreement is personal to Licensee. Licensee shall not assign this agreement,
and mav not sublct the Premises. or any part thereof without advance written approval from the Authority,
which ~pproval shall be in the Airport Director's sole discretion.
12. DISCHARGE OF LIENS: 1n the event of thc filing of any mcchanic's licn or materialman's licn or
liens, or any othcr charge whatsoevcr against the Premises or any improvement thercof during the tenn of
thc agreemcnt, (or any extension thcreof), Licensee immediately shall take all necessary steps to secure the
release of same. In the even! Licensee fails to take reasonable stcps 10 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 licn or charge,
and any amount so paid by the Authority including reasonable expense and costs (including attorney's
fees), shall be addcd to the rental due hereunder t[om Licensee to the Authority and shall be paid by
Liccnsee to the Authority immediately upon reccipt by Licensee from the /\uthority of any itemized
statement thereof.
13. INDEMNIFICA TIOl\l: Licensee shall defend. indcmnity. and hold Authority and its of11cers. agcnts,
servants, representatives and employccs ham1lcss 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, tinc or any other claim or suit of whatcver nalure, arising in any way from
Liccnsee's occupancy and use of the Premises or thc Airport. Any and all other personal property of
Licensee or his officers. employees, servants. agents. guests or business visitors shall he stored and
othcrwise used on the Airport at Licensee's sole risk of darnagc or loss.
14. SURRENDER-DAMAGES: At the tcnnination of the agrcement. Licensee will immediately
surrender, release and yield up the premises to the Authority peaceably, quietly and in good ordcr and
condition. reasonable wear and tear are expectcd. I f 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 timc of said Iem1ination, pcr day or for any such pcnalty or
paYl11Cnl as may be provided in the agreemcnt. 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 hcrcin provided, nor
shall the receipt of said rent. or any part thereo[ or 'my other act in apparcnt af1im1mion of tenancy. by
Authority. operate as waiver of any right or remedy available to AuthOlity hereunder for a breach of any of
the covenants contained in the agreement. Upon the expiration or tcnnination of the agreement. Licensee
shall rcmove its personal properly and equipment Irom the premises. Licensce shall be liable f(lr and pay
for any dmnage caused to the prc111ises or any other propeny of Authority hecause of Licensec"s
occupation of the premises. Licensees removal or failure to rcmovc Licensee's property. including but not
limited to an> and all costs incurred by the Authority in removing and storing Licensce's property.
15. DEFAUI T-TERMINATION:
A. In the event of default by Licensee in the payment "I' the rental obligation on the day the same becomes
duc or payable. which default continucs for tcn (10) days. or in the event of any default by Licensee with
respect to an:-' other covenant or obligation of Licensee under the agrcenlcnt. then in any or either of such
events. Authority at its election. 3t or after the expiration of ten (101 days' previous notice in "Titing or
such deli.llllt scnt as provided below to Licensee. may dcclare a f()rrciture and termination of thc
agreement. All rent due or to become due under the thcn existing tem1 of the agreement shall becomc
immediately due and payable at that time.
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B. Authoritv further shall have the right to terminate the agreement in the e\'cnt of the oecunencc of
anv of the f~lIowini.(: insolvenev of I icensce. liquidation or dissolution of Licensec~ the institution of a
. - .
voluntary or in\'()luntary hankruptcy proceeding hy or against Liccnsee; assignment hy Licensee for the
hendit of creditors; the appointment of a recei\er ur trustee to manage the propeny of Licensee or if
Licensee J'ctils to adhere to the provisions of the :\greemenl.
C. All the remedies referenced herein shall he in addition to and not in derogation of any remedies
provided in the Agreement or a\'ailahle atlll\\ or in equity.
] 6. DESTR\ iCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part hy fire. or other casualty. Licensee. at its option. may tern1inate this
Agreement or. at its cost and expense. may elect in wTiting to Authority to repair or reconslruet said
Premises or improvements. Such election shall he made within thirty (30) days of the date of such
destruction. if such election is made. rental payments shall continue unahated and unintelrupted.
17. AIRPORT DEVELOPMENT: The Authority reserves the right to 1lmher develop or improve the
landing and other areas of the Airport as it sees IiI. regardlcss of the convenience. desires or view of the
Licensee. and without interference or hindrance.
] 8. ATTORNEY .LEES: Licensee shall pay the cost clf collection and reasonable attorney's fees
wncncycr the Authority retains the s~ryicc of an lltlC1l11CY 10 collect overdue rents or 10 enforce any other
term or condition set !l1l1h illlhis Agreement or Lease Manual.
19. AIRPORT OPERATIONS: Licensee shall prevent any use of the Premises which would interferc
with or adversely atTeet the operation Of maintcnanee of the Airport. or otherwise eonstilute an airport
hazard. and will resttiet the height of structures. objects 01' natural groW1h and other obstructions on the
Premises to such height as eumply with Fc'deral .\ yiatipn Regulations. Part 77.
~(). CO'\D!'.I\1N('JI<')'\;: If. at an) time during the lerm ('1' the agrcement. title to the whole or
substantially all of the premises shall he taken in condemnation proceedings or by any right of eminent
Jomain. the afleeled agreement(s I shall tet111inate and expire on the date of such taking. The fixed rental
and olher charges payable hereunder shall he apportioned and paid to the date of sueh taking. Nothing in
this paragraph is intended to wai\(' Licensee.s constitutional rights to be compensated by any gov~mmcnL
person or org3.niZali(lJ1_ \\'hich arprnprimcs Licensee. s pri\'ate property.
~ I. R~ \ tlJ)II-,S Cl 'WI \ I ] \ I -"Jl) \\ .\1\ I R. 11w l1glns ,l!)J remedies granted to .'\uthority unJef the
agreCl11l.'nl shall he deC1l1ed cumuJali\'e and llOl1-C'\C]usi, c. The failure by Auth(lrity at any tirne to USSC11
any such right l)f rcrnedy shall no! lic Llr.-.'cml~d 1\1 he a \\ai, (T. and shall not precluJL' the assertion or such
right Uf remedy at a latcr date.
~~, [)()MINA'\T .\CiREEMENTS: This agreement is suhordinate and subjeetto all existing agreements
hetween the Authority anJ the Federal Ayiation .'\dministrati(",. the Alllhorily and the State of Florida. and
the Authority and Collier County-. During the time nf \n1r or national cmcrgcnc~. the Authority shall have
the right to lease the landing area or any part thl,Teof to the- Lnitl'd Statc:-; (J\l\CrnlllC'll1 fllr ITliiit<.:lry. naval.
or similar llse. If such lease is c:\cOItcd. the prp\-i~i(\ns or this agn.:.'cIl)cnl ins(\j~lr as they are inconsistent
\vith the pn,\"isioI1S of the kasl' to the (Jo\-cnunent. shall he ;-O;USIKIKkd. Any cxecuted agreell1cnt shall he
suborJina1e to the provision;.; (Ii' any cxislin~_ or future ,\gl\.'"Clll'-'llt hd\\\:en Authority ;..l11d th,-, United Stales.
relative to the operation or maintenance of the Airp()rt. ihe excclIlil)J) l\!" which has been or nwy be required
as a conditiil]) precedent to the expc'nditun: or Federal funds for the dcyc10pment o1"th(' Airpon.
Ptl~~e -1 of ~
Fo/'m l}it>c!1 It' () _~ \' / /
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6/28/2011 Item 16.G.2.
IN WITNESS WHEREOF. the parties hereto, by their duly authorized representatives. have
executed this Agreement on the date first above written.
AS TO LICENSEE:
Pe~~v L. Villard
(Print name of LICENSEE)
By: -rffj-r?(. !~Lt:uvl
Title: President
(If corporation, LLC. partnership. etc.)
AS TO AllTHORITY:
/'/
coz A~/AUTHORITV
By: ,"~>>/7
./Robert Tweedie. Airport Manager
Page 5 ofS
Form EfFective 6']8.-11
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