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Agenda 03/08/2022 Item #16G 1 (Standard Form Lease Agreement w/Business Jet Acquisitions, LLC)03/08/2022 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Business Jet Acquisitions, LLC for aeronautical use counter space at the Marco Island Executive Airport OBJECTIVE: To generate revenue by leasing vacant aeronautical use office space and provide commercial aeronautical services to the general public at the Marco Island Executive Airport (MKY). CONSIDERATIONS: The Collier County Airport Authority (Authority) solicited competitive proposals from parties interested in leasing vacant office space located at MKY for commercial aviation service providers from May 6, 2021 through May 31, 2021. Business Jet Acquisitions, LLC desires to commence commercial aeronautical operations by leveraging their specialized knowledge of the global aircraft market to assist clients with navigating the process of procuring and operating used high-performance piston, turboprop, and Cessna Citation aircraft. The office space is approximately one hundred seventeen (117) square feet. The term of the lease is sixty (60) months, with a sixty (60) day bilateral early-termination provision for any reason. The initial lease rate is $299.81 per month, plus applicable taxes of 7%, in accordance with the currently approved rates and charges. The rent shall increase annually on January 1st based on the Consumer Price Index (CPI) throughout the life of the agreement. In addition to the monthly lease rate, the tenant will pay the Authority an annual Commercial Operating Fee of $200. FISCAL IMPACT: Monthly rent in the amount of $299.81, plus applicable sales tax of 7%, shall be deposited in the Airport Authority Operating Fund (495), Marco Island Executive Airport Cost Center (192370) 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 majority vote for Board action. -JAB RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the Collier County Airport Authority Standard Form Lease Agreement with Business Jet Acquisitions, LLC for counter space at the Marco Island Executive Airport. Prepared by: Andrew Bennett, Executive Airport Manager, Airport Authority ATTACHMENT(S) 1. Lease Agreement-Business Jet (PDF) 16.G.1 Packet Pg. 1006 03/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doc ID: 21272 Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Business Jet Acquisitions, LLC for aeronautical use counter space at the Marco Island Executive Airport Meeting Date: 03/08/2022 Prepared by: Title: – Growth Management Operations Support Name: Heather Meyer 02/07/2022 6:02 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 02/07/2022 6:02 PM Approved By: Review: Growth Management Department Jeanne Marcella Growth Management Department Completed 02/08/2022 8:54 AM Growth Management Department Gene Shue Additional Reviewer Completed 02/08/2022 4:44 PM Airport Authority Andrew Bennett Additional Reviewer Completed 02/14/2022 8:37 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/16/2022 10:05 AM Growth Management Department Trinity Scott Transportation Completed 02/18/2022 9:05 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/18/2022 9:06 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/18/2022 10:14 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/24/2022 6:37 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 02/28/2022 9:50 AM Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM 16.G.1 Packet Pg. 1007 16.G.1.aPacket Pg. 1008Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1009Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1010Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1011Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1012Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1013Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1014Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1015Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1016Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.aPacket Pg. 1017Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.a Packet Pg. 1018 Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) Exhibit A – Terminal Floor Plan (First Floor) Air Charter Suite 101 117 Square Feet 16.G.1.a Packet Pg. 1019 Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) Company Name Page 1 Exhibit B Insurance and Bonding Requirements- Airport Facility Leases Aviation Tenant Non-Aviation Tenant Insurance / Bond Type Required Limits 1. Worker’s Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements 2. Employer’s Liability $__________ single limit per occurrence 3. Commercial General Liability (Occurrence Form) patterned after the current ISO form Bodily Injury and Property Damage $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability 4. Indemnification To the maximum extent permitted by Florida law, the Lessee 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 conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This 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. This section does not pertain to any incident arising from the sole negligence of Collier County. 4. Automobile Liability $__ ___________Each Occurrence; Bodily Injury & Property Damage, Owned/Non-owned/Hired; Automobile Included 5. Other insurance as noted: Airport Liability Insurance $ __________ Per Occurrence bodily injury and property damage Hangarkeepers Liability $ __________ Per Occurrence per aircraft including premise liability Aircraft Liability Insurance $ 1,000,000_ Per Occurrence bodily injury and property damage Pollution Liability Insurance $ __________ Per Occurrence bodily injury and property damage Property Insurance – Replacement Cost-All Risks of Loss 6. Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required 8. The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance must state the name of the Lease and location of the leased property. 9. Thirty (30) Days Cancellation Notice required. 16.G.1.a Packet Pg. 1020 Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet) 16.G.1.a Packet Pg. 1021 Attachment: Lease Agreement-Business Jet (21272 : Counter Space Lease at MKY- Business Jet)