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Agenda 01/13/2015 Item #16G 3 1/13/2015 16.G.3. EXECUTIVE SUMMARY Recommendation to approve and execute a Commercial Aviation Operations License Agreement between the Collier County Airport Authority and Career Flight Training and Aircraft Rental,Inc.,at the Marco Island Executive Airport. OBJECTIVE: To provide a Commercial Aviation Operations License Agreement in order for Career Flight Training and Aircraft Rental, Inc., to conduct business at the Marco Island Executive Airport. CONSIDERATIONS: The attached Commercial Aviation Operations License Agreement (Agreement) has been prepared to provide Career Flight Training and Aircraft Rental, Inc. (Tenant) with 44.5 square feet of office space, and to allow the Tenant to conduct flight training, aircraft rental, and aerial sightseeing tours at the Airport. The term of the Agreement, as with other Airport agreements of this type, is month-to-month. The annual rent is $819, plus applicable sales tax. In addition to rent, the Tenant is required to pay an annual commercial operation license fee in the amount of $200. Exhibit `B' of the Agreement outlines the insurance requirements prepared by the Risk Management Department which reflect the Tenant's office space and operations. All other terms in the Agreement are standard and consistent. FISCAL IMPACT: The annual commercial operations license fee and the annual rent of$819, which shall be paid in equal monthly installments of $68.25, shall be deposited into Airport Authority operating Fund (495), Marco Island Executive Airport Cost Center (192370), and the applicable sales tax shall be deposited into the appropriate account. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires majority vote for approval. - CMG RECOMMENDATION: That the Board of County Commissioners approves the attached Commercial Aviation Operations License Agreement with Career Flight Training and Aircraft Rental,Inc.,and authorizes its Chairman to execute same. PREPARED BY: Michael H. Dowling, Senior Property Management Specialist,Real Property Management, Facilities Management Department Packet Page-1972- 1/13/2015 16.G.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.G.16.G.3. Item Summary: Recommendation to approve and execute a Commercial Aviation Operations License Agreement between the Collier County Airport Authority and Career Flight Training and Aircraft Rental, Inc., at the Marco Island Executive Airport. Meeting Date: 1/13/2015 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities Management 12/2/2014 2:26:27 PM Submitted by Title: Property Management Specialist, Senior,Facilities Management Name: DowlingMichael 12/2/2014 2:26:28 PM Approved By Name: JonesHank Title: Project Manager,Principal,Facilities Management Date: 12/2/2014 3:27:57 PM Name: MottToni Title: Manager-Property Acquisition&Const M, Facilities Management Date: 12/5/2014 3:30:16 PM Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 12/9/2014 8:52:51 AM Name: TweedieRobert Title: Manager-Airport, Airport Authority Date: 12/19/2014 5:02:45 PM Packet Page-1973- 1/13/2015 16.G.3. Name: Linda Best Title: Manager-Risk Finance,Risk Management Date: 12/19/2014 5:05:14 PM Name: WalkerJeff Title: Director-Risk Management, Risk Management Date: 12/19/2014 5:06:31 PM Name: ShueGene Title: Director-Operations Support,Transportation Administration Date: 12/19/2014 5:47:25 PM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 12/24/2014 9:16:00 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 12/29/2014 9:19:03 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/29/2014 10:53:51 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 12/31/2014 12:51:52 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 12/31/2014 2:53:42 PM Packet Page -1974- 1/13/2015 16.G.3. COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT * r *it COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, SUITE 1 NAPLES, FLORIDA 34114 ! '; (239)642-7878 LICENSEE: CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL, INC. LICENSEE'S PHONE NUMBER: LICENSEE'S ADDRESS: 5334 Cypress Lane,Naples,FL 34113 The Board of County Commissioners of Collier County Florida serving as the Collier County Airport Authority (Licensor) hereby licenses Career Flight Training and Aircraft Rental, Inc., a Florida corporation (Licensee), to conduct specific and limited commercial aviation operations at the Marco Island Executive Airport. This Commercial Aviation Operations License Agreement (Agreement) is considered a bare license with no interest attached, beginning on January 15, 2015, and continuing month-to-month or until written notice to terminate is given by one party to the other. 1. PREMISES: Marco Island Executive Airport located at 2005 Mainsail Drive Naples, Florida. The premises consist of: A. Office Space for administrative and customer service purposes identified in Exhibit"A,"which is attached hereto and made part hereof this Agreement. B. Operations include flight instruction,aircraft rental and aerial sightseeing tours. 2. OPERATIONS: This Agreement allows for the specific commercial aviation operations as listed: • Flight Training • Aircraft Rental • Aerial Sightseeing Tours 3. FEE: Licensee shall pay the following fees: A. Annual commercial operating license fee-$200.00 plus applicable Florida Sales Tax. B. Office Space -License fee- $68.25 per month plus applicable Florida Sales Tax. Any failure to pay the fees when due will result in the termination of this Agreement or suspension of the ability to conduct commercial aviation activities on or at the Marco Island Executive Airport. (13 Packet Page-1975- 1/13/2015 16.G.3. 4. MINIMUM STANDARD REQUIREMENTS: The Collier County Airport Authority Minimum Standards for Commercial Airport Activity and Service Providers requires for the approved activities listed in the above paragraph 2. Operations, a minimum of 300 square feet of office space, restroom facilities and aircraft tie down or hanger space to accommodate each type of activity. For the terms of this Agreement, the Licensor is allowing, on a temporary basis, the minimum standards be met through use of the office space referred to in the above paragraph 1.A.Premises, the common area and restroom facilities in the airport terminal building. The use of the terminal's common areas and restroom facilities are available to the Licensee in the same manner as the general public and under the same terms and conditions as allowed to the general public and only during normal operating hours of the terminal building. 5. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents and/or representatives for any and all liability for damage to aircraft and any other property on the premises except for physical damage caused by movement of aircraft solely by Licensor's employees, agents or representatives without any participation in such movement (or instructions to move same) from Licensee or Licensee's agents, employees or any other person with apparent authority on behalf of Licensee. Any act or use of the premises by Licensee not expressly authorized by this Agreement or which is deemed unsafe by the airport manager or against the Collier County Airport Authority rules and regulations,policies and procedures or other regulation is unauthorized. 6. INSURANCE: The Licensee/Commercial Aviation Operator shall provide and maintain all insurance deemed appropriate by the Authority,as determined by Collier County Risk Management, Exhibit`B.' 7. USE OF PREMISES: The premises shall be used only for those commercial operations listed in this Agreement for aircraft owned by or leased to Licensee. 8. TERMINATION FOR CAUSE: Licensor may terminate this Agreement immediately for cause. Any breach of this Agreement by Licensee is cause for such termination. 9. SECURITY AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to insure the security and safety of the premises. 10. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) access may be denied to the premises at the discretion of the Executive Director, Airport Manager or designee, provided such denial of access is to protect the public or airport from potential exposure to loss, damage or safety because of the emergency. 11. AUTHORIZED AIRCRAFT: The Licensee currently subleases a hangar at the Airport. The authorized aircraft used for the Licensee's operation is as follows: Aircraft I. D.: Aircraft Classification: Aircraft Color: Aircraft Make: (gyp SS ei A / g ,�, p i p t ,, (7 'S" .2 C? () Aircraft Model: 6.1 ' 9 p-A r11 5` S c}' 1 �t Signatures appear on the following page. Packet Page -1976- 1/13/2015 16.G.3. AS TO THE LICENSEE: CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL, INC., a Florida corporation ii By: Witness(signature) STEPHEN ALAN DAVIS,President ii ii (print name) Witness (signature) (print name) AS TO LICENSOR: Attest: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY,FLORIDA, SERVING AS THE COLLIER COUNTY AIRPORT AUTHORITY By: ,Deputy Clerk By: TOM HENNING,CHAIRMAN Approved as to form and legality: olleen M. Greene,Assistant County Attorney cp Packet Page -1977- Career Flight Training November 7,2014 1/13/2015 16.G.3. 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 Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current 5 1,000,000 single limit per occurrence,$2,000,000 aggregate for ISO form 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 ❑Airport Liability Insurance $ Per Occurrence noted: 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. Airport Lease Agreement Insurance Page 1 Packet Page-1978- Career Flight Training November 7, 2014 1/13/2015 16.G.3. Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the award of this Lease agreement. Name of Firm Date Lessee Signature Print Name Insurance Agency Agent Name Telephone Number Airport Lease Agreement Insurance Page 2 Packet Page-1979-