Agenda 01/13/2015 Item #16G 4 1/13/2015 16.G.4.
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to T-Hangar Lease Agreement with
Marvin Courtright and to approve..First Amendment to Commercial Aviation Operations
License Agreement with Marvin Courtright dba Hummingbird Flight Service LLC at the
Immokalee Airport.
OBJECTIVE: To allow aircraft worthiness inspections at the Immokalee Airport by amending a
T-Hanger Lease Agreement and Commercial Aviation Operations License and Agreement with
Marvin Courtright and Marvin Courtright dba Hummingbird Flight Service LLC, respectively.
CONSIDERATIONS: A Marvin Courtright and Marvin Courtright dba Hummingbird Flight
Service LLC, affiliated tenants of the Immokalee Airport, desire to conduct aircraft worthiness
inspections at the airport. Two documents require amendment to add the use and related
provisions.
The amendments are described below.
First Amendment to T-Hangar Lease Agreement
1. Article 2, Authorized Aircraft, is amended to note that the Tenant does not have a
personal aircraft.
2. Article 7, Use of Premises, is amended to allow aircraft worthiness inspections.
3. Article 16, Insurance Requirements, is amended to include aN of the Tenant's
operations.
First Amendment to Commercial Aviation Operations License Agreement
Paragraph 3 is amended to allow the tenant to operate as an aircraft worthiness inspector in
accordance with all applicable and current Federal Aviation Regulations within T-Hanger A-3.
All other terms contained in the aforementioned documents remain unchanged.
The original Airport Authority approved documents are attached as an exhibit to each
amendment.
Both of the Amendments have been reviewed and approved by the County Attorney's Office,
the Immokalee Airport Manager, and the Risk Management Department.
FISCAL IMPACT: There is no fiscal impact to this matter.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
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 approves the attached First
Amendment to T-Hangar Lease Agreement and the First Amendment to Commercial Aviation
Operations License Agreement and authorizes the Chairman to execute the Amendments.
Packet Page-1980-
1/13/2015 16.G.4.
PREPARED BY Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
Packet Page-1981-
1/13/2015 16.G.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.4.
Item Summary: Recommendation to approve and execute a First Amendment to T-
Hangar Lease Agreement with Marvin Courtright and to approve and execute a First
Amendment to Commercial Aviation Operations License Agreement with Marvin Courtright dba
Hummingbird Flight Service LLC at the Immokalee Airport.
Meeting Date: 1/13/2015
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities Management
12/4/2014 4:41:30 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
12/4/2014 4:41:31 PM
Approved By
Name: JonesHank
Title: Project Manager, Principal, Facilities Management
Date: 12/5/2014 3:40:26 PM
Name: pochopinpat
Title:Administrative Assistant, Administrative Services Division
Date: 12/15/2014 1:52:12 PM
Name: WalkerJeff
Title:Director-Risk Management,Risk Management
Date: 12/19/2014 4:40:49 PM
Name: Linda Best
Title:Manager-Risk Finance, Risk Management
Date: 12/19/2014 4:56:09 PM
Packet Page-1982-
1/13/2015 16.G.4.
Name: ShueGene
Title: Director-Operations Support, Transportation Administration
Date: 12/19/2014 5:45:51 PM
Name: MottToni
Title: Manager-Property Acquisition &Const M,Facilities Management
Date: 12/21/2014 5:06:47 PM
Name: LobbJustin
Title: Manager-Airport, Airport Authority
Date: 12/22/2014 12:17:44 PM
Name: MarcellaJeanne
Title:Executive Secretary, Transportation Planning
Date: 12/29/2014 9:18:35 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/29/2014 10:21:35 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/5/2015 4:15:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/6/2015 9:28:23 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 1/6/2015 9:57:14 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 1/7/2015 9:15:16 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 1/7/2015 9:43:05 AM
Packet Page -1983-
1/13/2015 16.G.4.
FIRST AMENDMENT
TO
T-HANGAR LEASE AGREEMENT
THIS FIRST AMENDMENT TO T-HANGAR LEASE AGREEMEMNT(`Amendment') is made
and entered into this day of , 2014, by and between the COLLIER COUNTY
AIRPORT AUTHORITY (`Authority') and Marvin D. Courtright (`Tenant'), hereinafter collectively
referred to as the `Parties.'
WITNESSETH:
WHEREAS, the Parties entered into a T-Hangar Lease Agreement dated May 1, 2014
(`Agreement'),copy attached hereto as Exhibit`A'; and
WHEREAS, the Agreement provided for the use of T-Hangar A-3, with restrictions, at the
Immokalee Regional Airport; and
WHEREAS,the Parties are desirous of amending the Agreement; and
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the
Parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by
reference as if set forth fully below.
2. Article 2 of the Agreement shall make note that the Tenant does not have a personal aircraft.
3. Article 7 of the Agreement shall be amended as follows:
Use of Premises: The Premises shall be used for the storage of airworthy aircraft and tools associated with
aircraft repair that would not constitute a fire hazard. Painting and major aircraft repair therein are
prohibited.
The Premises shall also be used for aircraft worthiness inspections pursuant to the conditions outlined in the
First Amendment to Commercial Aviation Operations License Agreement, which will be simultaneously
approved at the time of the approval of this Amendment, which shall be dated December 8, 2014, and shall
be conducted in accordance with all applicable and current Federal Aviation Regulations.
T-Hangars are not to be used as sleeping quarters or storage of personal vehicles with the following
exception: The aircraft owner's personal vehicle may be parked in the Hangar while the aircraft is in
transit.
Within the T-Hangar, Tenant shall be permitted to perform only repairs and/or maintenance specifically
authorized under Federal Aviation Regulations, Part 343, Section 43.3, Preventative Maintenance unless
otherwise authorized by the Airport Manager or his/her designee. This maintenance may be performed by
the owner/pilot of the aircraft or a licensed A&P mechanic that leases T-Hangar space at the airport. If the
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, and
1
Packet Page -1984- Cl`
1/13/2015 16.G.4.
prior to conducting any inspections and/or repairs of equipment, must provide proof of liability insurance,
sign a statement holding the Authority harmless of any liability, list qualifications, licenses, etc. and pay a
vendor's fee in the amount of$25.00 per day.
Whenever separate Airport maintenance facilities are not available for annual inspections, the Airport
Manager shall provide prior approval for the use of another facility.
4. Article 16 is hereby deleted in its entirety and replaced with Exhibit `B' attached hereto and made
a part hereof this Amendment.
5. Except as modified by this Amendment, the Agreement shall remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment
shall prevail.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their
appropriate officials,as of the date first above written.
AS TO THE TENANT:
By:
Witness(signature) MARVIN D. COURTRIGHT
(print name)
Witness(signature)
(print name)
AS TO THE AUTHORITY: BOARD OF COUNTY COMMISSIONERS
Attest: OF COLLIER COUNTY,FLORIDA, serving as the
DWIGHT E. BROCK, Clerk COLLIER COUNTY AIRPORT AUTHORITY
By: By:
,Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
Dr
Jennifer A.Belpedio,Assistant County Attorney
d
,.a \�\
2
Packet Page-1985-
CEJ
1/13/2015 16.G.4.
EXHIBIT "A''
e 000..p T - HANGAR LEASE AGREEMENT
g COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE. SUITE 1
NAPLES, FLORIDA 34114
(239)642-7878
THIS LEASE AGREEMENT is made and entered this 1_ day of Mt)L ,20 1 4 ,
by and between the Collier County Airport Authority(hereinafter referred to as"Authority"), and:T—
Name: M4/k..✓r,e' 0 C RT I
Type of Entity: (circle one):
Individual
•
Corporation(insert State of Incorporation): _
Limited Liability Company(insert State where formed): �-L a A) }
Partnership (insert State where registered):
• Other(describe): 4/fR
Phone Number: 1 gQ-_P !- l.94'7— Z ?4- .r--/a —0.r•/9
Address: 2Cr1-.._/7. .re_a_k+,QF L pJE. N.t1P r Fc y S/i
.thereinafter referred to as "Tenant")
1. PREMISES: The Authority hereby leases to Tenant T-hangar at the -7"ry\c}'1 Airport,
2. AUTHORIZED AIRCRAFT: The Premises shall only he used for the parking and storage of the
Tenant's following described aircraft:
Aircraft I. D.: Aircraft Classification:
Aircraft Color:
Aircraft Make:
Aircraft Model: •
3. TERM: The term of this agreement will commence on the 1st day of- 20 14 , and
will continue on a month to month basis until at least 30 days' advance written otice to terminate is
given by one party to the other- The Authority may terminate this Lease for cause, as defined below,
on 3 days written notice to Tenant.
4. RIFT: 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
unitimrm 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 t" 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 ($30.00) and any failure to pay in full and on time shall he cause for
termination for cause of this Lease. In addition to a late charge, in the event Tenant fails to pay the
Page I of 6
Ef/ec the 3/N/11. Revised January 1-N-13, Revised 12-10-1=
Packet Page -1986-
1/13/2015 16.G.4.
•
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.
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 atiin
the premises.
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, assents
and/or representatives for any and all liability for damage to the aircraft and any other property in or
around the hangar except iihr 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 other person with apparent authority on
behalf of Tenant. Any act or use of the premises by Tenant not expressly authorized by this tease
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 premises shall be used only for storage of airworthy aircraft only and
tools associated with aircraft repair that would not constitute a fire hazard. Painting and major aircraft
repairs therein are prohibited. T-Hangars arc not to be used as sleeping quarters or storage of personal
vehicles with the following exception. The airerafts owner's vehicle may he parked in the hangar
while the aircraft is in transit. Within the T-l-langar,Tenant shall be permitted to•perform only repairs
and'or maintenance specifically authorized under Federal Air Regulations, Part 43, Section 43.3. .
Preventative Maintenance unless otherwise authorized by the Executive Director or their designee.
This maintenance may be pertbrmed by the owneripilot of the aircraft or a licensed A&P mechanic that
leases 1-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.
8. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 3 above, the
Authority may terminate 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 ot'Tenant,the Authority may summarily remove all such property without any liability.
9. ACCESS, SECURITY AND KEYS: Tenant expressly authorizes the Authority's Executive Director.
or other duly 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.
Page 2 of 6
Firm Effective 3i8..-11. RevisedJunuarr 1-8-13: Revised 12-10-13
• Packet Page -1987-
1/13/2015 16.G.4.
•
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.
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 Director provided such
occupancy is to protect the aircraft from potential exposure to loss or damage because of the
emergency.
I I. LEASE MANUAL: Tenant shall be provided with the Authority's Lease Manual (if any), which
the Authority may he 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 bound by the terms.of this Lease
Manual, as of the 1'' 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 file 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 he 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
reeulations. Tenant shall not-allow any signs, cards or placards to be posted or placed on the Premises
without prior written approval of the Authority.
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. DISCIIARGE 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 attomey's fees)- shall
be added to the rental due hereunder from Tenant to the Authority and shall be paid by 'I'tnmant 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 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, tine 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.
Page 3 of 6
Form Elective 3 8!Il: Revised January 1-e8-13;Revised 12-10-13
Packet Page -1988-
1/13/2015 16.G.4.
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. Ultra light vehicles operating under FAR Part 103
are not required to carry the insurance coverage limits listed above. Tenant shall secure and deliver to
Authority appropriate 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.
17.. SURRENDER-DAMAGES: Tenant, at the termination 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 he 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.
l g. 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 delimit 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 atter 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 term of the lease shall become
immediately due and payable
B. 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
Pagc4or6
Form 1;fP:atvc' 3'8/11: Revised Januurr 1-5-13; Revised 12-10-13
Packet Page -1989-
1/13/2015 16.G.4.
. 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.
t9. 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 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 attomey's fees whenever
the Authority retains the service of an attorney to collect overdue rents or to enforce any other term 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 he 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 he 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 he deemed to he 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.
: thy 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
Page 5 of 6
Form Ef relive 3/8/11:Revised January 1-8-13; Revised 12-10-13
Packet Page-1,990-
1/13/2015 16.G.4.
•
•
execution of which has been or may be required as a condition precedent to the expenditure of f=ederal
funds for the development of the Airport.
IN WITNESS WHEREOF,the parties hereto, by their duty authorized representatives. have
executed this Lease Agreement on the date first above written.
AS TO TENANT:
/1'1/7iT,1. ,J 1-); (.c)11 11 7tt J
(Print name of TENANT)
By: ,9,,7
- _..__ iL(..
Title: P1)7"..J'i ' 4'41,i? ,e/
(If corporationpartnership,etc.)
AS TO AUTHORITY:
COLLIER COUNTY RPORT AUTHORITY
Krvst ,.Wi•c,Accountin_ Supervisor _..._
Robert Tweedie. Airport Manager
•
•
•
Page(i of b
form Effective 3 .1/11: Revised Januan• 1-S-13: Revised 12-u)./.3
Packet Page -1991-
• 1/13/2015 16.G.4.
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 $ 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 5 Per Occurrence
noted: bodily injury and property damage
❑ Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
❑Aircraft Liability Insurance $ 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.
Airport Lease Agreement Insurance Page 1
Packet Page -1992-
1/13/2015 16.G.4.
9. ® Thirty(30)Days Cancellation Notice required.
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
Tenant's Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Airport Lease Agreement insurance Page 2
Packet Page-1993-
1/13/2015 16.G.4.
FIRST AMENDMENT
TO
COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT
THIS FIRST AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE
AGREEMENT (`Amendment') is made and entered into this day of , 2015,
by and between the COLLIER COUNTY AIRPORT AUTHORITY (`Authority') and Marvin
Courtright d/b/a Hummingbird Flight Service LLC, a Florida limited liability company ('Tenant'),
hereinafter collectively referred to as the `Parties.'
WITNES SETH:
WHEREAS, the Parties entered into a Commercial Aviation Operations License
Agreement that commenced on March 1, 2010 (`Agreement'), copy of which is attached hereto
and made a part hereof; and
WHEREAS, the Agreement provided for the specific commercial aviation operations
including Ground Instruction, Flight Instruction, Aircraft Rental, Aerial Sight Seeing, Bi-Annual
Flight Reviews, and Light Sport Plane Pilot Certification, all conducted at the Immokalee Regional
Airport; and
WHEREAS, the Parties are desirous of amending the Agreement; and
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein,the Parties agree as follows:
1. All of the above RECITALS are true and correct and are hereby expressly incorporated
herein by reference as if set forth fully below.
2. Paragraph 3 of the Agreement shall include that the Tenant is also authorized to operate as
an aircraft worthiness inspector to be conducted in accordance with all applicable and current
Federal Aviation Regulations within T-Hangar A-3 at the Immokalee Regional Airport under the
terms of the T-Hangar Lease Agreement between Tenant and Authority dated May 1, 2014.
3. Except as modified by this Amendment, the Agreement shall remain in full force and
effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of
this Amendment shall prevail.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURES APPEAR ON THE FOLLOWING PAGE.
1 f-�
Packet Page -1994-
.
1/13/2015 16.G.4.
IN WITNESS WHEREOF, the Tenant and the Authority have hereto executed this First
Amendment to Commercial Aviation Operations License Agreement the day and year first above
written.
AS TO THE TENANT: HUMMINGBIRD FLIGHT SERVICE LLC,
a Florida limited liability company
By:
Witness (signature) MARVIN COURTRIGHT, Manager
(print name)
Witness (signature)
(print name)
AS TO THE AUTHORITY:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
Or
Jennifer A. Belpedio,Assistant County Attorney
ev
2
Packet Page -1995- C'`
Mb.
-- 1/13/201516.G.4.
Collier County Airport Authority Cot rcial Aviation Operations License Agreemen r
COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT
•
f 'Vi COLLIER COUNTY AIRPORT AUTHORITY
I 2005 MAINSAIL DRIVE, SUITE 1
NAPLES, FLORIDA 34114
(239)642-7878
LICENSEE: Marvin Courtright dba Hummingbird Flight Service LLC LICENSEE'S PHONE
NUMBER: 239-821-2947 LICENSEE'S ADDRESS: 261 Matecumbe Lane,Naples,Florida 34114
1. Licensee/ Commercial Aviation Operator: The Authority (Licensor) hereby licenses Marvin Courtright
dba Hummingbird Flight Service LLC to conduct specific and limited commercial aviation operations at
the Immokalee Regional Airport. This bare license with no interest attached, begins on March 1, 2010
and continues from month to month or until written notice to terminate is given by one party to the
other.
2. PREMISES: Immokalee Regional Airport located at 165 Airpark Blvd., Immokalee, Florida. The
premises consist of the airport air operations areas, common use areas and other public use areas on
airport specifically designated for aviation use or as approved by the Airport Manager.
3. OPERATIONS: This license agreement allows for the specific commercial aviation operations as listed;
Ground Instruction Aerial Sight Seeing
Flight instruction Bi-annual Flight Reviews
Aircraft Rental Light Sport Plane Pilot Certification
4. FEE: Licensee shall pay an annual commercial operating license fee of$200.00 plus applicable Florida
Sales Tax. Any failure to pay the fee when due will result in the termination of this license agreement or
suspension of the ability to conduct commercial aviation activities on or at the Immokalee Regional
Airport. This fee is subject to change in accordance with the Airport Authority's Rates and Charges.
5. MINIMUM STANDARD REQUIREMENTS: The CCAA Minimum Standards for Commercial
Specialized Aviation Service Operations requires that for the licensed activities listed in paragraph 3.
Operations(above), you must have 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 license, the
CCAA is allowing on a temporary basis, the minimum standards be met through use of the common
area and restroom facilities in the airport terminal building. Hangar License Agreement requirements
must continue to meet those requirements independently. 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.
6. 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
C:\Documents and Settings\muellerdebi\Local Settings\Temporary Internet F11es\Cowent.Outlook\MLVTFPIO\Courtright Commercial Aviation Operations-
March 2010.doca Page I of 2
Packet Page -1996-
1/13/2015 16.G.4.
Collier County Airport Authority Cor rcial Aviation Operations License Agreemen
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 license or which
is deemed unsafe by the airport manager or against the CCAA rules and regulations, policies and
procedures or other regulation is unauthorized.
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 with a valid proof of insurance on file with the
CCAA.
8. TERMINATION FOR CAUSE: Licensor may terminate this Icense 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 on 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 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: Aircraft I. D.: Aircraft Color:
Aircraft Make: . Aircraft Model:
12. AUTHORIZED AIRCRAFT: Aircraft I.D.: . Aircraft Color:
Aircraft Make: . Aircraft Model:
LICENSOR: LICENSEE:
By: 0,4,4.-Lev S(4)_ �1.},- a- By:C -- ._
Debra Brueggemann I { rim Director Marvin Courtri:
C:\Documents and Settings\muellerdebi\.oca1 Setdngs\Temporary Internet Piles\Content.Outlook\MLVTFP10\Cwrtright Commercial Aviation Operations-
March 2010.docs Page 2 of 2
Packet Page -1997-