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Agenda 03/24/2015 Item #16G1 3/24/2015 16.G.1. EXECUTIVE SUMMARY Recommendation to approve and execute a First Amendment to 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 approve a First Amendment (Amendment) to Commercial Aviation Operations License Agreement (Agreement) between the Collier County Airport Authority (Authority) and Career Flight Training and Aircraft Rental, Inc. (Licensee). CONSIDERATIONS: The Authority and Licensee entered into a Commercial Aviation Operations License Agreement (Agreement) commencing January 15, 2015 (Agenda Item 16G3) to conduct flight training, aircraft rental, and aerial sightseeing tours at the Marco Island Executive Airport. The Authority and Licensee agree to amend the Agreement to correct the square footage of the office space to 45.5 square feet (previously stated as 44.5 square feet) and the related impact to rent in accordance with the Board approved schedule of rates and fees. Additionally, the Amendment will add standard provisions for late payment fees which were previously omitted in error. FISCAL IMPACT: Additional annual revenue of $13.92 will be charged to the tenant in relation to the lease amendment. Funds received in association with the agreement shall be deposited into Airport Authority operating Fund (495), Marco Island Executive Airport Cost Center (192370). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. 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, in its capacity as the Collier County Airport Authority, approves and authorizes the Chair to execute the attached First Amendment to Commercial Aviation Operations License Agreement between the Collier County Airport Authority and Career Flight Training and Aircraft Rental, Inc. Prepared by: Debbie Brueggeman, Operations Coordinator, Collier County Airport Authority Attachment: 1)First Amendment to Commercial Aviation Operations License Agreement Packet Page-930- 3/24/2015 16.G.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.G.16.G.1. Item Summary: Recommendation to approve and execute a First Amendment to 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: 3/24/2015 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 2/27/2015 2:04:20 PM Submitted by Title: Operations Coordinator, Airport Authority Name: BrueggemanDebra 2/27/2015 2:04:21 PM Approved By Name: KearnsAlIison Title: Manager Financial & Operational Support, Transportation Administration Date: 2/27/2015 4:19:23 PM Name: ShueGene Title: Division Director-Operations Support,Transportation Administration Date: 3/3/2015 1:25:58 PM Name: LobbJustin Title: Manager-Airport, Airport Authority Date: 3/5/2015 10:54:06 AM Name: GreeneColleen Title: Assistant County Attorney, CAO General Services Date: 3/9/2015 3:21:01 PM Packet Page -931- 3/24/2015 16.G.1 . Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 3/11/2015 12:46:23 PM Name: IsacksonMark Title: Division Director-Corp Fin &Mgmt Svc, Office of Management&Budget Date: 3/11/2015 1:34:42 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/13/2015 8:48:36 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 3/13/2015 8:53:25 AM Packet Page-932- 3/24/2015 16.G.1 . FIRST AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGRFEEMNT THIS FIRST AMENDMENT TO COMMERCIAL. :AVIATION OPERATIONS LICENSE AGREEMENT ("Amendment") is made and entered into this day of ,2015 by and between the COI_1,IER AIRPORT AUTHORITY ("Authority-) and Career Flight Training and Aircraft Rental. Inc_, a Florida corporation("Licensee"). hereinafter collectively referred to as the"Parties". W1 l NESSE'II I: \VI1EREAS. the Parties entered into a Commercial Aviation Operations License Agreement that commenced on January 15. 2015 ("Agreement"). copy of which is attached hereto and made a part hereof: and WHEREAS'. the Parties are desirous of amending the Agreement: and NOW, THEREFORE, in consideration Ten Dollars ($10100) and other good and valuable consideration exchanged amen2st the Parties, and in consideration of the covenants contained herein. the parties agree as follows: 1. All of the above RECITAL are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. 2. Paragraph 3. of the Agreement is hereby deleted in its entirety and the following provision is substituted in its place: 3. FI:h: License shall pay the following fees: A. Annual commercial operating license fee -S200.00 plus applicable Florida Sales Tax. 13. Office Space— License fee- S69.41 per month plus applicable Florida Sales Tax. C. Tie Down Fee - N/A Any change in the rate schedule will become effective with respect to the Fee owed by this Lease as of the 1'1 day of the second month following such change. Payment shall he 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 ofa late fee equal to thirty dollars (530.00) 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 chortle, 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 t30) days after the same shall become due, interest at one and one half percent (1.5c',..0 per month shall accrue on the delinquent payment(s) until the same are paid. 3. Exhibit-'A" is hereby deleted and replaced with the attached revised Exhibit"A" t. Exeept as modified by this Amendment. the Agreement shall remain in full and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of this Amendment shall prevail. �.A Packet Page-933- 3/24/2015 16.G.1 . IN WITNESS WHEREOF, the Licensee and Authority have hereto executed this First Amendment to Commercial Aviation Operations License Agreement the day and year first above written, AS '10 1111: LICENSEE: CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL. INC.,a Florida corporation BY: Witness (signature) — STEPIIEN ALAN DAVIS , President (print name) Witness(signature) (print name) AS TO THE AUTHORITY: DATED: COLLIER COUNTY AIRPORI AUTIIORITY AT1IST: DWICii E. BROCK, Clerk BY: TIM NANCE Chairman BY: Deputy Clerk Appro\ed as to form an d Packet Page -934- . . . . 3/24/2015 16.6.1 . . . E 4 > } { _ § $ _ g = ± E 2 } RI I .2 • 2 E t< «. . / • \��y: ©© Room ƒ `2 ;g y \ ° \ = k / \ \ �z � \ \ � � \ E u �2 E \ \} = j < ' 0 5 \ k \ kf < 2 < _ ] & I ° E/ 4 7 \ = 0 e @w » 0 42 0 kR / a $ 0 j \ D ® =3 \ \ z 2 / u � = 1.1.1 7-5 3 � _ . _ H \ \ / Ti k . \ _ H a. I o 50o H. & 2 § 0 -' �\ § / ce } J U- 2 / } ) a 0 0 } / ® Ij 0 \ 9 to \ • C) Packet Page -935- __ _____ 015 16.G.1 . � COMM ERCIAL AVIATION OPERATIONS LICFNSE AGREEMENT COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, SUITE l NAPLES, FLORIDA 34114 (239) 642-7878 LICENSEE: Career Flieht Trainin and Aircraft Rental, Inc. LICENSEE'S PHONE NUMBER: LICENSEES ADDRESS: 53J4 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. l. 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 `~/\,"^ which is attached hereto and made part hereof this Agreement. B. Operations as listed below. 2. OPERATIONS: This Agreement allows for the specific commercial aviation operations as listed: • Hight Training • Aircraft Rental p Aerial Sightseeing Fours 3. [EE: Licensee shall pay the k`Uopjn ; fees: A. Annual commercial o7cratin2 license fee S200.00 plus applicable Florida Sales Fax. U. Counter Space - License fee - 568.25 month plus applicable Florida Sales Tax. C. lie Down [cc — N/'\ /\n? failure to pa} the fees when due will result in the termination of this Agreement or suspension of the : htlii to conduct commercial as janon activities on or at the Marco Island E\ecutive Airport. Packet Page -936- 3/24/2015 16.G.1 . 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 I.A. Premises, the common area and restroom facilities in the airport terminal building. 'hhe 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: (l e_ f7 J �; l i p I .2 D < ) Aircraft Model: • f P ri 1 4 " Nt ^Tu .Ka } °A -^ r `i cf l `1 Sienatures appear on the following page. Packet Page -937- 3/24/2015 16.G.1 . AS TO i-HE LICENSEE: CAREER FLIGHT TRAINING AND AIRCRAFT RENTAL, INC., a Florida corporation -Ns) By: Witn E (signature) STEPHEN ALAN DAVIS, President (k r c trk_& (print ame) /C_ Witness (siimature) (.1 C.- ck cz (print name) AS TO LICENSOR: Attest: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BRO K, Clerk COLLIER COUNTY, FLORIDA, SERVING AS TI IE COLLIER COUNTY AIRPORT AUTHORITY ' t Lt4tOt tet NA: • as to.Clif4* clerk By: 11r,?: only, TIM NANCE, CHAIRMAN Approved as to form and ic(2.ality: --r-011een M. Green, Assistant County Attorney Packet Page -938- 3/24/2015 16.G.1 . Career Flight Training November 7, 2014 Exhibit B Insurance and Bonding Requirements-Airport Facility Leases ICI Aviation Tenant ❑ Non-Aviation Tenant Insurance/Bond Type Required Limits 1. Z 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 S. 16 Other insurance as ❑Airport Liability Insurance $ Per Occurrence noted: Bodily injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability E Aircraft Liability Insurance $ 1,000,000 Per Occurrence Bodily injury and property damage ❑ Pollution Liability Insurance 5 _Per Occurrence bodily injury and property damage E Property Insurance—Replacement Cost-All Risks of Loss 6. le 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 l.r ace Agi_enient Im,si,r:incc Page 1 Packet Page-939- 3/24/2015 16.G.1 . Career Flight Training November 7, 2014 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. 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