Agenda 12/14/2021 Item #16G 1 (T-hangar Lease Agreement w/Matecumbe Flying Service, Inc.)16.G.1
12/14/2021
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority,
authorize its Chairman to execute the T-hangar Lease Agreement with Matecumbe Flying Service
Inc. for commercial aircraft maintenance activities at the Immokalee Regional Airport. Monthly
Rent Revenue in the amount of $314.72 will be deposited in the Airport Authority Operating Fund
(495).
OBJECTIVE: To generate revenue by leasing available aeronautical use space and provide
aeronautical services to the general public at the Immokalee Regional Airport (IMM).
CONSIDERATIONS: The Tenant, Matecumbe Flying Service Inc., has been occupying hangar
space at the Immokalee Regional Airport for the storage of personal aircraft; however, the tenant
wishes to alter the purpose of his leasehold by conducting commercial aircraft maintenance
activities. The proposed T-hangar Lease Agreement will supersede and replace all prior
agreements and understandings, oral or written, between Authority and Tenant regarding use of
Authority property.
The term of the agreement is five years, with an option for the Tenant to renew for an additional
five-year term, subject to approval by the Authority. During the term of the agreement, the
Tenant shall pay the base rent 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. The square footage associated with this T-hanger lease is 1,071 with a current rate of
$3.5263 per square foot per year.
During the term of the agreement, the Tenant may install 220 volt electrical improvements on the
Leased Premises. Any such electrical improvements shall be in compliance with all applicable
permitting codes and ordinances and approved by the Executive Airports Manager.
In additional to the base rent, Tenant shall pay an annual commercial operating fee of $200, plus
applicable sales taxes. The Tenant shall also pay the Authority $300 per year, plus applicable
sales taxes, for excess electricity use following the installation of 220-volt electrical outlets.
FISCAL IMPACT: Initial monthly rent in the amount of $314.72, the $200 annual operating fee,
any excess electricity use fee, and all applicable taxes shall be deposited in the Airport Authority
Operating Fund (495), Immokalee Regional Airport Cost Center (192330) upon collection.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, authorize its Chairman to execute the T-hangar lease agreement with Matecumbe
Flying Services Inc. for commercial aircraft maintenance activities at the Immokalee Regional
Airport.
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12/14/2021
Prepared By: Andrew Bennett, Executive Airport Manager, Airport Authority
ATTACHMENT(S)
1. Matecumbe Lease-IMM(PDF)
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12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doe ID: 20620
Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport
Authority, authorize its Chairman to execute the T-hangar Lease Agreement with Matecumbe Flying
Service Inc. for commercial aircraft maintenance activities at the Immokalee Regional Airport. Monthly
Rent Revenue in the amount of $314.72 will be deposited in the Airport Authority Operating Fund (495).
Meeting Date: 12/14/2021
Prepared by:
Title: — Growth Management Operations Support
Name: Heather Meyer
11/11/2021 5:17 PM
Submitted by:
Title: Division Director - Operations Support — Growth Management Department
Name: Gene Shue
11/11/2021 5:17 PM
Approved By:
Review:
Airport Authority Andrew Bennett Additional Reviewer
Growth Management Department Lissett DeLaRosa Growth Management Department
Growth Management Department Gene Shue Additional Reviewer
Capital Project Planning, Impact Fees, and Program Management Ian Barnwell
Growth Management Department Trinity Scott Transportation
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Office of Management and Budget Laura Zautcke Additional Reviewer
County Manager's Office Amy Patterson Level 4 County Manager Review
Board of County Commissioners Geoffrey Willig Meeting Pending
Completed
11/12/2021 9:14 AM
Completed
11/12/2021 12:39 PM
Completed
11/15/2021 10:04 AM
Additional Reviewer Completed
Completed
11/15/2021 11:58 AM
Completed
11/15/2021 2:59 PM
Completed
11/15/2021 3:40 PM
Completed
11/15/2021 4:38 PM
Completed
11/19/2021 1:37 PM
Completed
12/03/2021 2:22 PM
12/14/2021 9:00 AM
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Goa*0 "'�aqr�� T - HANGAR LEASE AGREEMENT
s
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE. SUITE I
NAPLES, FLORIDA 34114
(239) 642-7878
THIS LEASE AGREEMENT is made and entered this 14th day of December 2021, by and
between the Collier County Airport Authority thereinafter referred to as "Authority"), and:
Name: Matecumbe Flying Service Inc.
Type of Entity: Florida Corporation
Phone Number: 305-360-6279 (Telephone)
Address: 90290 Overseas Hwy, Islamorada, FL 33070
(hereinafter collectively referred to as "Tenant') and shall supersede and replace all prior agreements and
understandings, oral or written, between Authority and Tenant regarding use of Authority property.
1. PREMISES: The Authority hereby leases to Tenant T-Hangar A=3 at the Immokalee Regional
Airport. SEE ADDENDUM ATTACHED
2. AUTHORIZED AIRCRAFT:
The Py-emises shall only be used t;3r- the pafking and star -age 4 the-
R-411owing dese i-h-ed ail -era A- SEE ADDENDUM ATTACHED
3. TERM: by ane paAy to the ethef!. The Authori nate this Lease fi)r cause, as defined belaw. an :3 dd
.,.F:f,e., RA..,d to rn...,,, SEE ADDENDUM ATTACHED
4, RENT: In consideration of the rights granted herein. Tenant shall pay the Authority 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, together with all applicable taxes,
including state sales tax. This rate schedule is subject to adjustment by the Authority. Any change in the
rate schedule will become effective with respect to the Fee owed by this Lease as of the I" day of the
second month following such change. Payment shall be due in advance on the first day of each month
without demand. Any failure to pay the fee in full and in advance shall require payment of a late fee
equal to thirty dollars (530.00) and any failure to pay in full and on time shall be cause for termination
for cause of this Lease. 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. SEE ADDENDUM ATTACHED
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5. MAINTENANCE: Tenant accepts the premises "as is." Tenant 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 by Tenant's use of or presence at/in the premises.
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, agents
and/or representatives for any and all liability for damage to the aircraft and any other property in or
around the hangar except for physical damage caused by movement of aircraft solely by the Authority's
employees, agents or representatives without any participation in such movement (or instructions to move
same) from Tenant or Tenant's agents, employees or any ether person with apparent authority on behalf
of Tenant. Any act or use of the premises by Tenant not expressly authorized by this Lease Agreement.
including storage of any flammable liquid or gel in the hangar or 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.
7. USE OF PREMISES: The p remises sha 11 be used on !)- for- sto i-age o i'air-we Fthy air-er-a ft only and !so 1
associated with aimmfl repair that would not eanstittite a AFe hazaFd. Painiing and FnajeF air-eFaft I .-
. T-Hangars are not to be used as sleeping quarters or storage of personal vehicles
with the following exception. The aircrafts owner's vehicle may be parked in the hangar while the aircraft
is in transit. Within the 'I' -Hangar, Tenant shall be permitted to perform only repairs and/or maintenance
specifically authorized under Federal Air Regulations, fart 43. Section 43.3. Preventative Maintenance
unless otherwise authorized by the Executive Airports Manager or their designee. This maintenance may
be performed by the owner/pilot of the aircraft of a licensed A&P mechanic that teases T-Hangar space
at the airport. If a T-Hangar Tenant desires to have a mechanic or technician that does not lease space at
the airport. the following policy will be adhered to. All commercial mechanics, technicians, or other
persons doing business for compensation that do not lease space at the airport shall be required to register
with the Authority, give proof of liability insurance and sign a statement holding the Authority harmless,
list qualifications. licenses, etc., and pay a vendors fee in the amount of $25.00 per day. Whenever
separate airport maintenance facilities are not available, annual inspections will be approved by the
Airport Manager with prior approval. All other use of or storage within the premises is strictly prohibited
unless authorized in writing by the Airport Manager. SEE ATTACHED ADDENDUM
8. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 3 above, the
Authority may tenninate this Lease Agreement for cause by giving Tenant not less than three (3) days'
advance written notice to vacate. Any breach of this agreement by Tenant is cause for such termination.
If Tenant does not remove its aircraft and all other property brought onto the premises by or on behalf of
Tenant, the Authority may summarily remove all such property without any liability.
9. ACCESS, SECURITY AND KEYS: Tenant expressly authorizes the Authority's Executive Airports
Manager, or other duty authorized representative or agents of Authority, access at all reasonable times to the
Premises. Tenant agrees to always cooperate with the Authority in every respect, including security
regulations. Security of the hangar and all property therein is the sole responsibility of the Tenant. Tenant
shall provide the Authority with a duplicate key to any lock or locking device that secures the 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 the Authority is
not re -locked through negligence of the Authority.
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10. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Airports Manager provided
such occupancy is to protect the aircraft from potential exposure to loss or damage because of the
emergency.
11. LEASE MANUAL: Tenant shall be 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 be deemed to be incorporated
by reference into this Agreement, and Tenant shall be hound by the terms of this Lease Manual, as of the
I" day of the second month Tenant receives a copy of the Lease Manual or an amended Lease Manual.
With respect to any terms in this Lease Agreement which are in conflict with the Lease Manual, the Lease
Manual shall control.
12. RULES AND REGULATIONS: Tenant shall comply with the Authority's published Rules and
Regulations for this airport, which are on rile 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
charges, as may from time to time be levied for airfield operational privileges and/or services provided at
the Airport.. Tenant shall also comply with any and all applicable governmental statutes, rules. orders and
regulations. Tenant shall not allow any sighs, cards or placards to be posted or placed on the Premises
without prior written approval of the Authority. SEE ATTACHED ADDENDUM
13. ASSIGNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assign this Lease, and
may not sublet the Premises, or any part thereof without advance written approval from the Authority, which
approval shall be in the Airport Director's sole discretion.
14. 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 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 written notice to Tenant, 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 'Tenant to the Authority and shall be paid by 'Tenant to the Authority
immediately upon receipt by Tenant from the Authority of any itemized statement thereof.
15. INDEMNIFICATION: Tenant shall defend, indemnity, and hold Authority and its officers, agents,
servants, representatives and employees harmless 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 from
Tenant's occupancy and use of the Premises or the Airport. Any and all other personal property of Tenant
or his officers, employees, servants, agents, guests or business visitors shall be stored and otherwise used on
the Airport at Tenant's sole risk of damage or loss.
16. INSURANCE REQUIREMENTS: Tenant shall secure and maintain in force at its expense liability
insurance coverage for its activities on the airport. occupation of the Premises and on Tenant's liability under
the indemnities set forth in this lease manual and in the lease agreement. The insurance policy shall have
coverage limitations providing no less than $100,000.00 per person and $300,000.00 per incident and shall
not be subject to cancellation or material change except after thirty (30) days prior written notice of such
cancellation or material change to the Authority. Tenant shall secure and deliver to Authority appropriate
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insurance certificates showing evidence of the coverage as required hereunder. Said insurance policy or
policies providing such coverage, as well as the insurers providing; same. shall be subject to the prior review
and approval of Authority. The said insurance policies shall contain a clause or endorsement by which the
insurance carrier(s) waives all rights of subrogation against Authority, except where the Authority or its
Agents are guilty of a specific act of negligence. Insurance requirements are expressly subject to change in
the Authority's Lease Manual. SEE ATTACHED ADDENDUM
17. SURRENDER -DAMAGES: Tenant, at the temtination of the lease, will immediately surrender, release
and yield up the premises to the Authority peaceably, quietly and in good order and condition, reasonable
wear and tear excepted, and Failing so to do 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 Lease, 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 lease agreement. Upon the
expiration or termination of the lease, Tenant shall remove its personal property and equipment from the
premises, and Tenant shall be liable for and pay for any damage caused to the premises or any other property
of Authority as a result of Tenant's occupation of the premises, Tenant's removal or failure to remove
Tenant's property, including but not limited to any and all costs incurred by the Authority in removing and
storing Tenant's property.
18, DEFAULT -TERMINATION:
A. In the event of default by Tenant 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 Tenant with
respect to any other covenant or obligation of Tenant under the lease 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 such
default sent as provided below to Tenant.. may declare a forfeiture and termination of the lease, and at that
time all rent due or to become due under the then existing terns of the lease shall become immediately due
and payable.
S. In addition, Authority may re-enter said Premises, after expiration of effective notice, with or without
process of law and, if necessary, remove Tenant or any persons occupying said Premises under Tenant.
without prejudice to any remedies which might otherwise be available. Tenant waives any demand for
possession of the Premises and any structure, property or improvement then situated thereon, and upon
termination at such election of Authority. Tenant must surrender and deliver the Premises immediately.
C. Authority further shall have the right to terminate the lease agreement in the event of the occurrence
of any of the following: insolvency of Tenant, liquidation or dissolution of Tenant, the institution of a
voluntary or involuntary bankruptcy proceeding by or against Tenant; assignment by Tenant for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Tenant or if Tenant
fails to adhere to the provisions of the agreement.
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.
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19. ❑ESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part by tire. or other casualty. Tenant, at its option, 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 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.
20. AIRPORT DEVELOPMENT: 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
Tenant, and without interference or hindrance.
21. ATTORNEY FEES: Tenant 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 terns or
condition set forth in this Lease or Lease Manual.
22. AIRPORT OPERATIONS: Tenant 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.
23. CONDEMNATION: If, at any time during the term of the lease, 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
lease(s) shall terminate and expire on the date of such taking and the fixed rental and other charges payable
hereunder shall be apportioned and paid to the date of such taking. Nothing in this paragraph is intended to
waive Tenant's constitutional rights to be compensated 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 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
or naval or similar use, and, if such lease is executed, the provisions of this Lease Agreement insofar as they
are inconsistent 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.
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ti,�tY ►invogr'�
ty
3 ADDENDUM TO
T - HANGAR LEASE AGREEMENT
The Collier County Airport Authority ("Authority"), and
Matecumbe Flying Services Inc, ("Tenant")
1. PREMISES: In addition to the Lease premises specified in Paragraph I of the Lease Agreement.
subject to availability, in connection with the running of its business. Tenant will be allowed two tie -
down spots to store transit :maintenance aircraft. This permission is on an "as -needed basis" and
associated with Hanger A-3 only. Tenant shall pay the standard per diem rate for each tie -down used at
the rate for a 3 month minimum tie -down agreement as set forth in the Board approved Rates and Charges
which is currently $2.00 a day for single engine aircraft, which may be amended from time to time.
2. AUTHORIZE❑ AIRCRAFT: The Premises shall only be used for transient aircraft repair, servicing,
inspection, and storage of personally owned and/or transient aircraft, related parts, and other equipment.
3. TERM: The term of this Agreement will commence on the date of the Lease Agreement. and unless
terminated earlier by the parties, shall terminate on the 5th year anniversary said date. Notwithstanding
the foregoing, either party may terminate this Agreement for convenience with at least 90 days written
notice to the other party. Tenant is hereby granted the option to renew for an additional five-year term.
This renewal option must be exercised by written notice to the Authority, and be received by the
Authority no later than 30 days prior to the end of the term. if exercised by Tenant and agreed to by the
Authority, the agreement shall be extended for an additional five years on all the existing terms and
conditions. If tenant holds over after the expiration of the lease term, such tenancy shall be from month
to month under all of the terms and conditions of this agreement (save rent) subject. however, to
Authority's right to seek legal relief to eject Tenant from the premises as a holdover. Rent shall be
doubled during any hold -over tenancy. The Authority may terminate this Lease for cause, as defined
herein, on 3 days written notice to Tenant.
4. ADDITIONAL RENT: In addition to rent, and in lieu of a percentage of the gross receipts generated
by the business, Tenant shall pay the Authority daring the term of this Lease Agreement an operating fee
of $200.00 per year, plus applicable sales tax. Also, in addition to rent, Tenant shall pay the Authority
during the term of this Lease Agreement $300 per year, for excess electricity use as of the I5t day of the
second month following installation of 220 volts electrical outlets.
7. USE OF PREMISES: Tenant is allowed and approved to conduct full maintenance activities and
major aircraft repairs that would not constitute a fire hazard under the terms and conditions of this
agreement. During the term of this Lease, Lessee may install 220 volt electrical improvements on the
Leased Premises. Any such electrical improvements shall be in compliance with all applicable codes and
ordinances and approved by the Authority; Authority's consent will not be unreasonably withheld.
12. RULES AND REGULATIONS: Airport Minimum Standards mandate that a minimum of 300
square feet of office space is required to allow the business types identified in this agreement. Currently,
the Airport does not have available facilities with office space. therefore. until office space is available a
waiver to Minimum Standards is approved. When office space is available on airport, tenant will comply
with Minimum Standards,
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16. INSURANCE REQUIREMENTS: During the entire term of this agreement, tenant shall provide,
pay for, and maintain types of insurance required by the Collier County Risk Management Department
as listed in exhibit A attached and made a part hereof for the commercial aeronautical activities to be
conducted under this agreement. All insurance shall be from resporisiblc companies duly aL1th0rizcd to
conduct the respective insurance in the State of 1a lorida and/or responsible risk retention group insurance
companies registered with the State of Florida. All liability policies shall provide that the Authority and
the County of Collier as additional insureds as to the uses of the licensed premises under this agreement
and shall also provide the Separation of Insured's Provision. Prior to the execution of this agreement by
licensee, the specified insurance coverages and limits required must he evidenced by properly executed
Certificates of Insurance on the forms which are deemed acceptable by Authority,
IN WITNESS WIIERE'01�, the parties hereto, by their duly authorized representatives. have
executed this Addendum to Lease Agreement on this the 14th day of December 2021.
TENANT: Mate umb lying Service Inc.,
By: �...
Richard Merrill, President
Attest:
CRYSTAL, K. KINZEL. Clerk
By:
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
/ I0-AP,=1-0030&'l: 31884,'1
BOARD OF COUNTY COMMISSIONERS
O COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:
PENNY TAYLOR, Chairman
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