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Agenda 01/08/2013 Item #16G1 1/8/2013 Item 16.G.1 . EXECUTIVE SUMMARY Recommendation to approve a Commercial Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation operations at the Marco Island Executive Airport. OBJECTIVE: To allow History Flight Inc., to operate at the Marco Island Executive Airport during its 2013 annual tour dates of January 19 and 20, 2013. CONSIDERATIONS: History Flight Inc., (Licensee) has requested permission to operate at the Marco Island Executive Airport during its 2013 annual tour on January 19 and 20, 2013. The licensee agreement will allow for specific commercial aviation operations listed below: Aircraft static display • Flight tour operations of WWII vintage aircraft Sale of related merchandise, souvenirs, and memorabilia by licensee only History Flight, Inc. is a not-for-profit organization dedicated to preserving vintage WWII era aircraft and providing aircraft tours, education and training flights to the general public. In consideration of its status as 501(c) not-for-profit corporation, History Flight, Inc. shall pay a nominal license fee of$50. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The operating income to be received is already accounted for in the Airport Authority's FY2013 budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item which is legally sufficient and requires a majority vote for approval. - JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity at the Collier County Airport Authority, approves the attached Commercial Aviation Operations License Agreement with History Flight Inc., to operate at the Marco Island Executive Airport on January 19 and 20, 2013. PREPARED BY: Chris Curry, Executive Director, Airport Authority Packet Page -2033- 1/8/2013 Item 16.G.1 . COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1. Item Summary: Recommendation to approve a Commercial Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation operations at the Marco Island Executive Airport. Meeting Date: 1/8/2013 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 12/21/2012 12:24:25 PM Submitted by Title: Executive Director-Airport Authority,Airport Authority Name: Curry Chris 12/21/2012 12:24:27 PM Approved By Name: BrueggemanDebra Title: Operations Coordinator,Airport Authority Date: 12/26/2012 10:15:00 AM Name: KlatzkowJeff Title: County Attorney Date: 12/26/2012 11:00:56 AM Name: KlatzkowJeff Title: County Attorney Date: 12/26/2012 1:40:40 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management&B Date: 12/27/2012 9:16:31 AM Packet Page-2034- 1/8/2013 Item 16.G.1. Name: OchsLeo 5, Title: County Manager Date: 12/31/2012 9:26:19 AM Packet Page -2035- --- 1/8/2013 Item 16.G.1. Collier County Airport Authority Commercial Aviation Operations License Agreement COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT *0y ur4c COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE, SUITE 1 it I , "' NAPLES,FLORIDA 34 114 (239)642-7878 LICENSEE: History Fliaht. Inc. LICENSEE'S PHONE NUMBER: (888) 743-3311 LICENSEE'S ADDRESS: 5490 Overseas Hew#101, n.MarathoFL 33050 1. Licensee/Commercial Aviation Operator: The Collier County Airport Authority (licensor) hereby licenses History Flight, inc. (licensee)to conduct specific and limited commercial aviation operations at the Marco Island Executive Airport. This bare license with no interest attached, begins on January 19,2013 and continues to January 20, 2013. 2. PREMISES: Marco Island Executive Airport located at 2005 Mainsail Drive Naples, 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 Immokalee Airport Manager. 3. OPERATIONS: Ihis license agreement allows for the specific commercial aviation operations as listed: AIRCRAFT STATIC DISPLAY & FLIGHT TOUR OPERATIONS OF WWII VINTAGE AIRCRAFT, SALE OF RELATED MERCHANDISE, SOUVENIRES & MEMEROBILIA BY LICENSEE ONLY. Any related activity or sale of merchandise by others in conjunction with licensee but not provided for under the not for profit status of the licensee shall he prohibited except as authorized by separate license agreement by licensor in consideration of then applicable rates and fees for said commercial activity. 4. FEE: Licensee shall pay a nominal license fee of$50.00 in consideration of licensee status as 501(c) 3 not-for-profit corporation. Documented proof of 501(c) 3 incorporation shall be provided by licensee and become a part hereof. 5. MINIMUM STANDARD REOUIREMENTS: The Collier County Airport Authority' (CCAA) Minimum Standards for Commercial Specialized Aviation Service Operations requires that for the licensed activities listed in paragraph 3 (above). 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 CC.AA 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. The aircraft tie down requirements must continue to meet the written 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. ti. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents aaad>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 Page 1 of 3 Packet Page-2036- 1/8/2013 Item 16.G.1. Collier Count} Airport Authority Commercial Aviation Operations License Agreement Licensee or Licensee's agents. employees or any other person with apparent authority on hehalf 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. INDEMNIFICATION AND INSURANCE: a. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority. and their officers, agents,and employees from and against all losses, damages. claims, liabilities, and causes of action of every kind or character and nature as well as costs and fees, including reasonable attorney's fees connected therewith including any and all appeals.and the expense of the investigation thereof, based upon or arising out of damages or injuries to any and all third persons or their property. Authority shall give Licensee prompt and reasonable notice of any such claim or action. Licensee shall have the right to investigate, compromise.and defend the same to the extent of its own interest b. During the entire term of this agreement,Licensee shall provide, pay for, and maintain the types of insurance required by the Collier County Risk Management Department as listed in exhibit B attached and made a part hereof for the commercial aeronautical activities to be conducted as listed in item 3 of this agreement. All insurance shall he from responsible companies duly authorized to conduct the respective insurance in the State of Florida andFor responsible risk retention group insurance companies registered with the State of Florida. All liability policies shall provide that the Authority and the County of Collier as additional insured as to the uses of the licensed premises under this agreement and shall also provide the Separation of Insured's Provision. Prior to the execution of this agreement by licensee, the specified insurance coverage and limits required must be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. 8. 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. 9. TERMINATION FOR CAUSE: Licensor may terminate this license immediately for cause. Any of� agreement by Licensee is cause for such termination. t�rF:,zc,,of this ae.°_.,,..... by 10. SECURITY AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to insure the security and safety on the premises. 1 l, 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. Page 2 of 3 Packet Page -2037- 1/8/2013 Item 16.G.1. Collier County Airport Authority Commercial Aviation Operations License Agreement 12, AUTHORIZED AIRCRAFT: Aircraft I. A)434,0, . Aircraft Color: GA ryto Aircraft Make: hloyc..ii% fk;yle . Aircraft Model: AT-(0 Texa Aircraft I.D.: NI-54(.)6 7 Aircraft Color: Aircraft Make: bcti hy . Aircraft Model: .SiattnvtA,- ? Aircraft I.D.: . Aircraft Color: Aircraft Make: . Aircraft Model: Aircraft I. D.: . Aircraft Color: Aircraft Make: . Aircraft Model: Ap TO 1' LICENSEE: HISTt •Y FLIG. C. I . By: Fitness(si,1 attire) •. • ....C241-atn,A; (Print Name and Title) (print name) Witness (signature) kkjAiL, (print name) AS TO THE LICENSOR: Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA.serving as the COLLIER COUNTY AIRPORT AUTHORITY By: . Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Approved s t f and legal s i CV: a rifil 111411' Jeffrey A. . la • County A Page 3 of Packet Page -2038-