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Agenda 10/11/2011 Item #16G1le'\ 10/11/2011 Item 16.G.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, ,acting as the Airport Authority, authorize a refund to Mr. Jack Ascraft in the amount of $795 for parking fees at the Marco Island Executive Airport. OBJECTIVE: To provide a refund in the amount of $795.00 to Mr. Jack Ashcraft for parking fees at the Marco Island Executive Airport for the first ten months of Fiscal Year 2011, ending July 31, 2011. CONSIDERATIONS: Mr. Ashcraft entered into a Tie Down Agreement with the Collier County Airport Authority on May 25, 2007, which allowed him to park his aircraft at a non - designated, non reserved parking space equipped with tie down anchors on the ramp at the Marco Island Executive Airport. The term of the agreement is month -to- month until at least thirty (30) days' *advance written notice to terminate is given. On August 9, 2009, as evidenced by daily ramp checks performed at the airport, Mr. Ashcraft removed his aircraft from the ramp at the Marco Island Executive Airport. In accordance with his Agreement, Mr. Ashcraft was charged $75.00 plus applicable Florida Sales Tax from August 2009 through July 2011 when the Airport Authority received written notice to terminate hisAgreement. At that time, Mr. Ashcraft requested a refund of the fees paid for the first ten months of Fiscal Year 2011, October 1, 2010 through July 31, 2011. Monthly Tie -Down Tee $75.00 Florida Sales Tax 4 qn Total Monthly Fee $79.50 $79.50 per mouth x 10 month of FY11 $795.00 Refund Requested The Board Approved Rates & Charges, Resolution No. 2011 -10, January 1, 2011, Agenda Item 14B does not specifically provide for refunds, as such Staff is seeking Board direction on whether to provide a refund based on the specific facts of Mr. Ashcraft's case. FISCAL IMPACT: Funds in the amount of $795 are available in the Airport Authority Operating Fund 495. GROWTH IMPACT: There is no growth impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, authorizes a refund in the amount of $795.00 to Mr. Jack Ashcraft for parking fees at the Marco Island Executive Airport for a ten -month period ending July 31, 2011. Prepared by Chris Curry, Executive Director, Collier County Airport Authority. Packet Page -1048- COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1. 10/11/2011 Item 16.G.1. Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize a refund to Mr. Jack Ascraft in the amount of $795 for parking fees at the Marco Island Executive Airport. Meeting Date: 10/11/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 9/29/2011 12:22:06 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 9/29/2011 12:22:07 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 10/4/2011 11:50:20 AM Name: GreeneColleen Title: Assistant County Attomey,County Attorney Date: 10/4/2011 12:00:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 10/4/2011 1:57:32 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 10/4/2011 1:58:19 PM Packet Page -1049- Name: KlatzkowJeff Title: County Attorney, Date: 10/4/20112:15:32 PM Name: IsacksonMark 10/11/2011 Item 16.G.1. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 10/4/20112:21:22 PM Packet Page -1050- 118 /1120097:42 AMH: \CUSTOMER SERVICEWARCO AIRPORT FORMS \MKY MORNING RAMP CF - - `- RAMP CHECK BLANKSheet1 10/11/2011 Item 16. G.1. MARCO ISLAND EXECUTIVE AIRPORT ,^TYPE = S - SINGLE T - TWIN TP - TURBO -PROP J - JET TIE -DOWN = L - LICENSE M - MONTHLY T- TRANSIENT Packet Page -1051- RAMP CHECK BLANKSheed 10/11/2011 Item 16. G.1. MARCO ISLAND EXECUTIVE Alkrum i _ Moming Ramp Chock Date: 2 — q -ill 4c) g-' 1 5---09 lll� TYPE= S - SINGLE T - TWIN TP - TURBO -PROP J -JET TIE -DOWN = L - LICENSE M - MONTHLY T- TRANSIENT /1-11 Packet Page -1052- © ©�I VAM �111=- SMIIIII Marco Aviation Bonner, �oa■o������ V , lll� TYPE= S - SINGLE T - TWIN TP - TURBO -PROP J -JET TIE -DOWN = L - LICENSE M - MONTHLY T- TRANSIENT /1-11 Packet Page -1052- 11 a 10/11/2011 Item 16.G.1. Licensee: page 1 of 2 TIE DOWN AGREEMENT COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, Suite #1, NAPLES, FLORIDA 34114 (239) 642 -7878 LICENSEE: C l' y 66AA ZA 770X s LICENSEE'S ADDRESS: c? 6 7 o 239 -3Wf -2929 3 x1vi- 1. PREMISES: This is a permit to park the specified aircraft at a parking space. The Authority (Licensor) hereby licenses a non- designated, non - reserved aircraft parking space equipped with tie down anchors on the ramp at the r Immkalee PMarco Island. r Everglades Airport. The specific location of parking space is subject to determination by the Airport Manager or designee and may be changed from time -to -time by the Airport Manager or designee without any permission or approval from Licensee. 2. TERM: This bare license with no interest attached begins on the � day of /u%# K 20QZ, and continues from month -to -month until at least 30 days' advance written notice to terminate is given by one party to the other. 3. FEE: Licensee shall pay an initial parking fee of $ qJr' , a O monthly, plus applicable Florida sales tax in advance on the first day of each month without demand. Said fee shall not be pro -rated based on the actual number of days Licensee uses any ramp. This fee may be increased during the term of this license. 4. MAINTENANCE: Licensee hereby accepts the premises, including the tie downs "as is." Licensee is responsible for all other damage to the premises caused by Licensee's use of or presence at the premises. 5. LIABILITIES: Licensee hereby waives all future claims against Licensor for any and all liability for damage to the aircraft and any other property except for physical damage caused by movement of aircraft solely by Licensor's employees without participation in or instructions to move same from Licensee or Licensee's agents, employees or any other person with apparent authority from Licensee. Any act or use of the premises by Licensee not expressly authorized by this parking pernut/license, including storage of any flammable liquid or gel on the premises on in the aircraft, or storage of other than aircraft fuel and oil in the aircraft's tanks is unauthorized use. 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. Any such "notice" shall be solely as a favor. 6. USE OF PREMISES: The premises shall be used only for parking of aircraft owned by or leased to Licensee. Not even minor maintenance shall be conducted at the parking space. All other use of or storage at the premises is strictly prohibited. Any attempt to assign or otherwise transfer this license /parking permit is void ab initio. Sub - permitting is also strictly prohibited. YAAitports \Tie Down Agreement.doe Packet Page -1053- L7 10/11/2011 Item 16.G.1. Licensee: page 2 of 2 TIE DOWN AGREEMENT 7. TERMINATION FOR CAUSE: Licensor may terminate this license 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 parked at the parking space by or on behalf of Licensee, Licensee agrees that Licensor may summarily remove the aircraft without liability or prior notice. 8. SECURITY: Licensee agrees to always cooperate with Licensor in complying with all Rules of the Airport, including enforcement of security regulations. Licensor 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 Licensor is not re- locked through negligence of Licensor. 9. AUTHORIZED AIRCRAFT: Aircraft I.D.: % 9 / 7 � � Aircraft Color: Cv�rT�. �e.� SiG�� Aircraft Make: Y /PL k LICENSOR: By: (4, -3 -74 b 0 Theresa M. Cook, Executive Director Y:\Airportffie Down Agreementdoc Aircraft Model: Q4 2$ 20 / 1- W W A"_) PARKING PERMITT)TEE / LI ENSEE: By: ✓ G'% P ' t ame: IfKl� Packet Page -1054- n