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Agenda 02/12/2013 Item #16G12/12/2013 16.G.1. EXECUTIVE SUMMARY Recommendation to approve the attached Amendment to Commercial Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation operations at the Marco Island Executive Airport. OBJECTIVE: To change the dates of the History Flight, Inc. tour at the Marco Island Executive Airport from January 19 and 20, 2013 to March 9 and 10, 2013. CONSIDERATIONS: On January 8, 2013, the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approved a Commercial Aviation Operations License Agreement with History Flight Inc., to operate at the Marco Island Executive Airport on January 19 and 20, 2013 (Agenda Item 16G 1). History Flight's Chief Pilot's father pass away, and History Flight has requested to delay its visit to the Marco Island Executive Airport until March 9 and 10, 2013. There are no other events scheduled to take place at the Marco Island Executive Airport on these dates. 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 of the Board for approval. - JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity at the Collier County Airport Authority, approves the attached Amendment to the Commercial Aviation Operations License Agreement with History Flight, Inc., to operate at the Marco Island Executive Airport. PREPARED BY: Chris Curry, Executive Director, Airport Authority Packet Page -2129- 2/12/2013 16.G.1. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.G.16.G.1. Item Summary: Recommendation to approve the attached Amendment to Commercial Aviation Operations License Agreement with History Flight Inc., for limited commercial aviation operations at the Marco Island Executive Airport. Meeting Date: 2/12/2013 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 1/23/2013 4:21:32 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 1/23/2013 4:21:33 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 1/29/2013 10:07:53 AM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 9:10:32 AM Name: KlatzkowJeff Title: County Attorney Date: 1/30/2013 9:18:28 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 1/30/2013 9:30:51 AM Packet Page -2130- Name: IsacksonMark 2/12/2013 16.G.1. Title: Director -Corp Financial and Mgmt Svs,CMO Date: 1/30/2013 10:39:25 AM Packet Page -2131- 2/12/2013 16.G.1. AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT BETWEEN HISTORY FLIGHT, INC. AND THE COLLIER COUNTY AIRPORT AUTHORITY THIS AMENDMENT TO COMMERCIAL AVIATION OPERATIONS LICENSE AGREEMENT (hereinafter referred to as "Amendment") is entered into this day of 2013, by and between History Flight, Inc. (hereinafter the "Licensee") and the Collier County Airport Authority (hereinafter the "Licensor "). WTTNESSETH WHEREAS, on January 8, 2013, the Licensor and Licensee entered into a Commercial Aviation Operations License Agreement, a copy of which is attached as Exhibit A; and WHEREAS, this License Agreement allows for specific commercial aviation operations between the dates of January 19, 2013 and January 20, 2013; and WHEREAS, the Licensee has requested to delay the dates of commercial aviation operations to March 9, 2013 and March 10, 2013. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree to amend the original Commercial Aviation Operations License Agreement as follows: 1. The tern of this bare license, as set forth in paragraph 1 of the License Agreement, is hereby amended to begin on March 9, 2013 and continue to March 10, 2013, 2. Except as modified by this Amendment, the Commercial Aviation Operations License Agreement shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the License Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment to Commercial Aviation Operations License Agreement on the date set forth above. ATTEST; BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA w i Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN Packet Page -2132- WUNESSES: HISTQ FLIGHT,�AFf f By. P nt Nan S" Ja 13u 't 1 L,,... aa, Print Name and Title Print Name: A Packet Page -2133- 2/12/2013 16.G.1. 2/12/2013 16.G.1. A k 16 1 Cotlicr County Airport Authority Commercial Aviation Operations License Agreement COMMERCIAL AVIATION OPERATIONS LICENSE AGRFEM COLLIER COUNTY AIRPORT ALRHORITY 2005 MAINSAIL DRIVE, SUITE 1 4'` g NAPLES, FLORIDA 34114 (239) 642 -7878 LI .tE,NSEE; History Flight. Inc. LICENSEE'S PHONE NUMBER 1888) 743 -3311 LICENSEE'S ADDRESS. 5490 Overseas Hwv 4101, Marattion. FL 33050 1. LicenseelCommercial Aviation Operator: The Collier County Airport Authority (licensor) hereby licenses Hlg' Flight, Inc. (11MMsee) to conduct specific and limited commercial aviation operations at the Marco Island Executive Airport. "This bare license with no interest attached, begins on Janum 19, 2013 and continues to January 20. 2013. PREMISES: hl=o 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. ?. OPERATIONS: This license agreement allows for the specific commercial aviation operations as listed: AIRCRAFT STATIC DISPLAY S FLIGHT TOUR OPERATIONS OF WWII VINTAGE AIRCRAFT, SALE OF ^ RELATED MERCHANDISE, SOUVENIRES 8 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 be prohibited except as authorized by separate license agreement by licensor in consideration of then applicable rates and fees for said commercial activity. 4. EM: Licensee shall pay a nominal license fee of 550.00 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. S. MINIMUM STAND&M REQUIREMENTS: 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 CCAA is allowing on a temporary basis, the minimum standards be met through use of the common area and mtroom 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. 6. L1ABILEMS: 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 Licensoes employees, agents or representatives without any participation in such movement (or instructions to move same) from Page 1 of 3 Packet Page -2134- - 1 2/12/2013 16.G.1. Collier County Airport Authority Commercial Aviation Operations License Agreement r •r License or Lircons"'s agents, employers 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 wad regulations, policies and procedures or other regulation is unauthorized. 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 die 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 be from responsible companies duly :authorized to conduct the respective insurance in the State of Florida and/or 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. R. 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, TERNUNATTON EQ CAUSE: AUSE: Licensor may terminate this license immediately for cause. Any breach of this agreement by Licensee is cause for such termination. 10. SECURIIX AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to insure the security and safety on the premises. 11. 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 I Packet Page -2135- Collin County Airport Authority Commercial Aviation Operations Licerme Agreement 12, ALMIORi7.E17 AIRCRAFT: Aircraft L D.: N19;*Co Aircraft Color: artIng Aircraft Make: _p,� �¢ A C4�,, n . Aircraft Model: AT-4p Te)ga ya Aircraft 1. D.: t� 06-7 Aircraft Color. Aircraft Make: bama 2/12/2013 16.G.1. 16G1 Aircraft Model: r �r— $ t - )a,, Aircraft 1. D.: Aircraft Color: Aircraft Make: Aircraft Model: Aircraft I. D.: Aircraft Color: Aircraft . Make: A ' TOT LICENSEE: i i 'imess (s ature) r (print name) 29.e �k Witness tsignature) A9..�..11 (Print name) AS TO THE LICENSOR: Attest: DXVJGH1' E -IIRKK. Clerk t t tjLnryt..�r' x �• . Aircraft Model: HIST Y FLIG C. By' -- -_ (Print Name and Title) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN I. , FLORIDA, serving as the COLL COUNTY IRPORT AUTHORITY ley;_ G O A. HILLER ESQ. CH WOMAN Packet Page -2136- ltem * to t Die Ret:' Pugs 3 -t'3 epuh erk - 2/12/2013 16.G.1. Collier County Airport Authority Commercial Aviation Operations License Agreement Licme" or Licensee's agents, employees or any other person with apparent authority on behalf cif 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. =W1 6 WI J N1.1i • R}P t.. 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 be from responsible companies duly authorized to conduct the respective insurance in the State of Florida and/or 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'.-; Provision. Prior to the execution of this agreement by licensee, the specified insurance coverage and limits required trust be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. R. 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. 7E$MINATION FOR CAUSE: Licensor may terminate this license immediately for cause. Any breach of this agreement by Licensee is cause for such termination. IU. hCU%jjY AND SAFETY: Licensee agrees to always cooperate with Licensor in every respect to insure the security and safety on the premises. 11. EMl RCiENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) access may he 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., Packet Page -2137- Collier County Airport Authority Commercial Aviation Operations License .Agreement 12. AU7I-I0RI7_ED AJRCRA T- Aircraft L D.: 1181(0OP Aircraft Color: try_ Aircraft Make : & rye¢ 4I Ca. Aircraft Model: Ai -(, 'rya a Aircraft I. D.: 145406-7 Aircraft Color: Aircraft Make i Aircraft 1. D.: aircraft Make: Aircraft Color: Aircraft I. D.: Aircraft Color. Aircraft Make: A TO LICENSEE: 1 fitness s. ature) (print name) 2Z — Witness (signature.) (print name) AS TO THE LICENSOR: Attest', DWIGHT F - 3RQCK. Clerk y 2/12/2013 16.G.1. 16G1 Aircraft Model. B 1, - ?) 1k ,.e Aircraft Model: Aircraft Model: HIST Y FLIG , C. By: -Dom" a4L L e)ZQ,e (Print Name and Title) BOARD OF COUNTY COMMISSIONERS OF COLLIER COON- ', FLORIDA, swing as the COLT: COUNMY IRPORT AUTHORITY By: t \-J\ t-2j Ci OR A. HILLER ESQ. C 2WOMAN Packet Page -2138- hotyPuge 3 of 3 2/12/2013 16.G.1. _ 16G INTERNAL REVENUE SERVICE P 0. Ann 2509 CINCINNATI, OR 45201 Dace: JUL 2 6 2012 HISTORY FLIGHT INC C/O MARX NOAH 5409 OVERSEAS HWY 101 MARATHON, FL 33050 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification Number: 76- 0606901 DLN: 17053046347022 Contact Person. THOMAS E GERITY ID# 31664 Contact Telepl%one Number: (877) 629 -5500 Accounting Period Ending: December 31 Public Charity Status: 509(:)(2) Porm 990 Required: Yes Effective Date of Exemption: February 10, 2oi2 Contribution Deductibility: Yes Addendum Applies: Yes we are pleased to inform you that upon review of your application for tax exempt status we have determined that you are exempt from Federal income tax under section 5o1(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you sbould keep it in your permanent records. Organizations exempt under section 501(c) (3) of the Code are further Classified as either public Charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the beading of this letter. Please see enclosed Publication 4221 -PC, Compliance Guide for 501(c)(3) Public Charities, for some helpful information about your responsibilities as an exempt organization, L..aftow 007 lDO/COI i Packet Page -2139- 2/12/2013 16.G.1. 16G1 _2_ MISTOYY YT.T.W T TWO zaclosuras Publication 4221 -PC Sincerely, Holly paz Director, txempt Organizations Rulings and Agreements I60ttwr 947 (DO/CG) `' Packet Page -2140-