Agenda 01/13/2015 Item #16G 5 1/13/2015 16.G.5.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Concessionaire Agreement with
Phelps Collins Aviation, Inc. D/B/A Aviation North at the Marco Island Executive
Airport.
OBJECTIVE: To provide a lease to Phelps Collins Aviation, Inc. D/B/A Aviation North
(Tenant) in order to provide an office space and an aircraft tie-down:parking space for
one aircraft.
CONSIDERATIONS: The attached Concessionaire Agreement (Agreement) provides
for a month-to-month term with a provision for early termination by either party by
providing the required notice. The annual rent for the 62.5 square foot office space is
$1,125, and $100 for the tie-down space for one aircraft, plus applicable sales tax. The
Tenant is also required to pay an annual Commercial Operating Fee in the amount of
$200.
The Risk Management Department has provided the required insurances as outlined in
Exhibit`C of the Agreement.
The Lease has been reviewed and approved by the County Attorney's Office.
FISCAL IMPACT: The annual rent of $1,125, which shall be paid in equal monthly
installments of $93.75, and the annual Commercial Operating Fee of $200, shall be
deposited into Airport Authority operating Fund (495), Marco Island Executive Airport
Cost Center (192370), and the applicable sales tax into the appropriate account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached
Concessionaire Agreement with Phelps Collins Aviation, Inc. D/B/A Aviation North, and
authorizes its Chairman to execute same.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real
Property Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.5.
Item Summary: Recommendation to approve and execute a Collier County Airport
Authority Standard Form Lease with Phelps Collins Aviation, Inc. D/B/A Aviation North at the
Marco Island Executive Airport.
Meeting Date: 1/13/2015
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
12/4/2014 4:48:51 PM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
12/4/2014 4:48:52 PM
Approved By
Name: WalkerJeff
Title: Director-Risk Management,Risk Management
Date: 12/19/2014 4:45:07 PM
Name: Linda Best
Title: Manager-Risk Finance,Risk Management
Date: 12/19/2014 4:45:17 PM
Name: pochopinpat
Title:Administrative Assistant, Administrative Services Division
Date: 12/19/2014 4:50:46 PM
Name: ShueGene
Title: Director-Operations Support, Transportation Administration
Date: 12/19/2014 5:42:12 PM
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Name: Mott Toni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 12/21/2014 5:07:10 PM
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
Date: 12/22/2014 8:37:22 AM
Name: TweedieRobert
Title: Manager-Airport, Airport Authority
Date: 12/22/2014 3:33:20 PM
Name: JonesHank
Title: Project Manager,Principal,Facilities Management
Date: 12/23/2014 11:24:47 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/29/2014 8:37:07 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/29/2014 9:21:16 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2014 9:21:27 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2014 10:50:39 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering& Construction Management
Date: 12/31/2014 10:31:50 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 12/31/2014 2:58:21 PM
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AVIATION NORTH
CONCESSIONAIRE AGREEMENT
"Specialized Aviation Service Operations at the Marco Island Airport"
THIS AGREEMENT made effective this day of
2015. between the Collier County Airport Authority (hereinafter called the "CCAA") and Phelps
Collins Aviation. Inc.. D/B/A Aviation North, a Foreign Profit Corporation, 1593 Airport Road.
Alpena, MI 49707 (hereinafter called "Concessionaire").
1. SCOPE. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the CC.AA, the right to operate the following described Specialized Aviation
Service Operations (SASO) at the Marco Island Executive Airport, 2005 Mainsail Drive.
Naples. FL 34114. in conformance with the purposes and for the periods stated herein and
subject to all terms and conditions hereinafter set forth.
a. TERM. This Agreement shall commence on the date first above written and shall
continue on a month-to-month basis until at least 30 days' advance written notice to
terminate is given by one party to the other party.
b. FACILITIES. The CCAA shall lease to the Concessionaire the following facilities and
space:
Terminal Building — 62.5 square feet of office and counter space as depicted in the
attached Exhibit A.
Easement for ingress and egress to the properties (hereinafter"Facilities") by the Tenant and
its employees and business invitees
c. USES. The Concessionaire is authorized to provide specialized aviation service
operations. The services provided through Aviation North shall be offered to the public at
all times that a reasonable demand for such services exist. Please see attached Exhibit
"B"'specifically defining the Scope of Services.
2. NOTICES. All notices from the CCAA to the Concessionaire shall be deemed duly served if
mailed by registered or certified mail to the Concessionaire at the followine address:
Mr. Steven R. Hensel.President.
Phelps Collins Aviation, Inc.. dio/a Aviation North
1593 Airport Road
Alpena, MI 49707
All notices from the Concessionaire to the CCAA shall be deemed served if mailed by
registered mail to the CCAA at the following address:
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Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
Attention: Executive Director
3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be
construed as creating a partnership between the CCAA and Aviation North. Concessionaire
is not an agent of the CCAA.
4. ASSIGNMENT. Concessionaire shall not assign this Agreement or any part thereof,
without the prior consent in writing of the CCAA. Any attempt to assign or otherwise
transfer this Agreement. or any part herein, without the CCAA's consent, shall be void. If
Concessionaire does. with approval, assign this Agreement or any part thereof; it shall
require that its assignee be bound to it and to assume toward Contractor all of the
obligations and responsibilities that Concessionaire has assumed toward the CCAA.
5. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all
permits and licenses necessary for the conducting of business and shall comply with all
laws governing the responsibility of an employer with respect to persons employed by the
Concessionaire. The Concessionaire shall also be solely responsible for payment of any
and all taxes levied on the concession operation or any other taxable activity on the
premises. In addition. the Concessionaire shall comply with all existing and future
applicable rules, regulations and laws of CCAA. the State of Florida, or the U.S.
Government.
6. CONSIDERATION.
Rent and Fees.
a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual
payment ("Rent"). The total initial annual amount of Rent shall be in accordance with Table
-A-below.which includes applicable FL sales tax(6%).
TABLE"A"
INITIAL YEAR SCHEDULE ONLY
� r
` ! Description of Facilities Rental Rate Basis Total Monthly Total Annual
Rent w/Tax Rent w/Tax
62.5 sq.ft.of office/counter space S]8/sq.fL.ivear $99.38 $1.192.50 1
Commercial Operating Fee(see 6.c.) $200/year $212.00
TOTAL 51.41 _,0
b. Adjustment of Annual Rent. Tenant Base Rent may increase on January I of each year;
provided that there has been an increase in the cost of living using the official Consumer
Price Index Urban Wage Earners (CPI-U) base published by the Bureau of Labor Statistics.
United States Department of Labor. The Consumer Price Index to be used will be that for
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the South Urban Size C Area (or comparable index if such index is discontinued),
hereinafter called "CPI". An increase in the monthly Base Rent for successive Lease Years
shall be based upon a comparison of the most recent CPI published for the current Lease
Year against the most recent CPI published greater than 12 months preceding the most
current CPI. The amount of the additional Base Rent shall be the percentage difference
between the two preceding CPI's. In no event shall the Base Rent, once increased, be
decreased,nor shall it be increased more than once in a 12-month period.
c. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant
shall pay a fixed annual commercial operating fee of$200.00 per year,plus applicable Florida
sales tax.
d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and
services that are furnished to the Facilities. The application for and connecting of utilities,
as well as all services, shall be made by and only in the name of the Tenant. The Authority
shall not be responsible for payment of any utility fees,monthly service fee or otherwise.
Exceptions: Rent includes basic electrical utilities in the Facilities, HVAC, water and
wastewater. Tenant shall participate in energy conservation practices established by the
Airport Manager in common with other tenants in the same metered facility.
7. DEFAULT IN PAYMENT. Monthly rent and required fees must be submitted to the CCAA
and be received by the fifteenth (15`h ) of each month. In the event the Concessionaire fails to
pay this consideration within five(5)days of such due date, there shall be a late charge of Fifty
Dollars($50.00) for each such late payment, in addition to interest at the highest rate allowable
by law. If the payment of consideration and accumulated daily penalties are not received within
thirty (30) days after the normal monthly due date,then the CCAA may take possession of the
Concessionaire's assets on CCAA property and may cancel this Agreement. A monthly report
of activities shall be submitted to the CCAA or their designee by the fifteenth (15`h) of each
month. This report shall accompany the monthly statement of gross revenues and will be
subject to audit. The CCAA has no duty to notify the Concessionaire of its failure to remit any
such payment or report
8. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable
causes beyond the control of Concessionaire, and not due to its own fault or neglect, including
but not restricted to, acts of nature or of public enemy, acts of government or of the CCAA.
fires, floods, epidemics, quarantine regulations. strikes or lock-outs, the CCAA will allow pro
rata adjustment of monthly payments up to the time such damage is repaired.
9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from the Marco Island Airport Concession any personal property brought thereon or any
replacements thereto by the Concessionaire for the purpose of this Agreement, except such
items as may be removed with the express written permission of the Airport Manager. Upon
expiration of the term specified in paragraph 1(a), if the Concessionaire has made full payment
under this Agreement, and has fully complied with the terms of this Agreement, he may
remove his personal property including equipment from the Marco Island Airport Concession
and shall do so within fifteen (15) days following the expiration of this Agreement, provided
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such personal property and equipment must be removed without damage to the premises. On
Concessionaire's failure to do so. the CCAA may cause same to be removed and stored at the
cost and expense of the Concessionaire, and the CCAA shall have a continuing lien thereon in
the amount of the cost and expense of such removal and storage until paid, and CCAA may sell
such personal property and reimburse itself for such costs and expense,plus all expenses of the
sale.
10. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist
and may hereafter be prescribed by the CCAA in the future to provide evidence that all terms of
this Agreement have been and are being observed. The Concessionaire grants to the CCAA the
right and authority to audit all records, documents, and books pertaining to the concession
operation. Such audit will be conducted at locations and at a frequency determined by the
CCAA and communicated to the Concessionaire. The Concessionaire agrees to provide
materials for the audit at the place designated by the CCAA within three (3)business days after
the CCAA's notice to do so is received by Concessionaire.all at no cost to the CCAA.
Concessionaire shall use electronic point-of-sale cash control equipment for the proper control
of cash payments. Cash register tapes must be maintained and made available to the CCAA
upon demand during the entire term of Agreement. All electronic cash control equipment and
accounting procedures shall be with the approval of the CCAA Finance Department.
11. COOPERATION. The Concessionaire agrees to cooperate with the CCAA in the conduct of
surveys and to provide reports of visitor usage of all concession services. The CCAA shall
provide Concessionaire with advance notice of any special event and shall coordinate with the
Concessionaire regarding same. CCAA shall provide Concessionaire with notice of the
availability of plans for any remodeling of the facilities.
12. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for
compensation for loss or damage sustained by reason of any interference with the concession
operation by any public agency or official in enforcing their duties or any laws or ordinances.
Any such interference shall not relieve the Concessionaire from any obligation hereunder.
13. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all
rights, claims, and demands and forever releases and discharges the CCAA from all demands,
claims,actions and causes of action arising from this Agreement.except intentional torts.
14. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its
control or supervision,cause to be filed upon the property any lien or encumbrance of any kind.
In the event any lien is filed. Concessionaire shall cause such lien to be discharged within ten
(10)days after written notice to do so from the CCAA.
15. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to
use in any manner whatsoever, the concession facilities for any improper, immoral or offensive
purpose, nor for any purpose in violation of any federal, state, or CCAA law, ordinance, rule.
order or regulation, or of any applicable governmental rule or regulation now in effect or
hereafter enacted or adopted.
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In the event of any violation of this Agreement by the Concessionaire, or if the CCAA or its
authorized representative shall deem any conduct on the part of the Concessionaire to be
objectionable or improper.as noted on the Concession Inspection Report,the CCAA shall have
the right to suspend the operation of the concession should the Concessionaire fail to promptly
correct any such violation, conduct, or practice to the satisfaction of the CCAA. The
Concessionaire shall not commence operation during such suspension until the violation has
been corrected to the reasonable satisfaction of the CCAA. Uses must be in compliance with
approved uses as set forth in Exhibit"A",attached.
16. PRICES. The Concessionaire agrees that prices and fees charged for specialized aviation
service operations will be competitive with those charged for similar services in the general
vicinity.
17. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default is not cured within fifteen(15) days after written
notice is given to the Concessionaire, the CCAA may cancel this Agreement and revoke the
privilege of the Concessionaire to come upon the CCAA's property for purposes for which the
concession was granted and may oust and remove all parties who may be present. or may
occupy any part of the premises for the purpose of exercising any rights so revoked.
18. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or
national origin in the operations referred to by this Concession Agreement; and further, there
shall be no discrimination regarding any use, service, maintenance, or operation of the
premises. All facilities located on the premises shall be made available to the public, subject to
the right of the Concessionaire to establish and enforce rules and regulations to provide for the
safety,orderly operation and security of the facilities.
19. TERMINATION. The Agreement may be terminated by the CCAA immediately due to any
material breach of this Agreement. The CCAA shall be sole judge of non-performance. Further
the CCAA may terminate this Agreement for its convenience by giving the Concessionaire not
less than a thirty (30) day written notice of such intent. During the notification period, both
parties agree to meet its respective contractual obligations in good faith.
20. CCAA CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement
will preclude the CCAA from using the public areas of the Marco Island Airport for public
and/or civic purposes. In the event of occurrences previously mentioned, the Concessionaire
will be notified,as deemed necessary by the CCAA or their designee.
21. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA.
22. VENUE. This Agreement shall be governed by and construed in accordance with the Lai of
the State of Florida.
23. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Concessionaire
shall indemnify and hold harmless Collier County. its officers and employees from any and all
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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 Concessionaire or anyone employed or utilized by the Concessionaire 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 the Collier
County Airport Authority. Collier County's liability is subject to the limits in Section 768.28.
Florida's Sovereign Immunity Act.
24. INSURANCE. The Concessionaire shall provide all insurance deemed appropriate by the
CCAA. as determined by the Collier County Risk Management Department and set forth in the
attached Exhibit C. Concessionaire shall insure that all of its subcontractors comply with the
same insurance requirements that Concessionaire is required to meet. The same Contractor
shall provide CCAA with certificates of insurance meeting the required insurance provisions.
25. LEASE MANUAL. The Concessionaire shall be provided with the Authority's Lease Manual
(if any). which the Authority may amend from time to time. The terms of this manual shall be
deemed to be incorporated by reference into this Agreement, and the Concessionaire shall be
bound by the terms of this Lease Manual, as of the l st day of the second month that
Concessionaire receives a copy of the Lease Manual or an amended Lease Manual. With
respect to any terms in this Agreement. which are in conflict with the Lease Manual. the Lease
Manual shall control.
26. THIS AGREEMENT shall be administered on behalf of the Collier County Airport Authority.
As used herein. the acronym "CCAA" shall refer to the Airport Director or his designee unless
the context renders such construction illogical.
IN WITNESS WHEREOF. the Concessionaire and the CCAA, have each, respectively, by an
authorized person or agent. hereunder set their hands and seals on the date and year first above
written.
AS TO THE CONCESSIONAIRE: PHELPS COLLINS AVIATION, INC., D/B/A
AVIATION NORTH. a Foreign Profit Corporation
By:
Witness(signature) STEVEN R. HENSEL, President
(print name)
Witness(signature)
(print name)
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AS TO CCAA:
Attest: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk OF COLLIER COUNTY, FLORIDA,serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:
By:
Deputy Clerk , CHAIRMAN
Appr tved Sfes rn Ind legality:
Jeffrey A. Kiatz ow. County Attorney-
t
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EXHIBIT'A'
Aviation North
APRON Tie Downs
—1— —I-
,
Marco Island Executive Airport
Terminal Building
Counter A (NOT DRAWN TO SCALE)
Administrative Offices
Flight Planning
I
Counter C
Restrooms 162 1 ±
7
Front t
Door Door
PREI1
AIRCRAFT PARKING APRON
I 1--7-7
ri
,...
M1,
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EXHIBIT B
APPROVED USE OF PREMISES
Administrative and customer service purposes related to commercial charter flights.
As part of the Lessee's operation at the Premises,the Lessee will utilize and operate the
following aircraft at the Airport: Beechcraft P-58 Baron (Twin Engine)
r-,
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DUiIBIT C
Insurance and Bonding Requirements-Airport Facility Leases �-
® Aviation Tenant El Non-Aviation Tenant
Phelps Collins Aviation, Inc.d/b/a Aviation North
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 $ Per Occurrence
noted: bodily injury and property damage
❑ Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
Q 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. Z 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
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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.
•
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
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