Agenda 02/26/2013 Item #16G12/26/2013 16.G.1.
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Airport Authority's Executive Director to
execute the attached Amendment to the Common /Cargo/Executive Hangar Lease
Agreement between the Collier County Airport Authority and the Collier County Sheriff's
Department to correct a scrivener's error.
OBJECTIVE: To correct a scrivener's error by amending a lease agreement between the
Collier County Airport Authority ( "Authority ") and the Collier County Sheriffs Department
( "Sheriff's Department ") for hangar space at the Immokalee Regional Airport.
CONSIDERATIONS: The Board of County Commissioners, acting as the Airport Authority,
approved and authorized the Authority's Executive Director to execute a Common/Cargo/
Executive Hangar Lease Agreement between the Airport Authority and the Sheriff's Department
on June 26, 2012, Agenda Item 16G 1.
The fee set forth in that agreement is $1,479.03 per month. The correct fee is $1,497.03 per
month
FISCAL IMPACT: None. The correct rent to be received is already accounted for in the
FY2013 budget.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office.
The amendment is a standard form utilized by the County Attorney's Office and was prepared by
the County Attorney's Office. This item is legally sufficient, and requires majority vote for
Board action. - KN
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, approve and authorize the Authority's Executive Director to execute the attached
Amendment to the Common/Cargo/ Executive Hangar Lease Agreement between the Airport
Authority and the Sheriff's Department.
Prepared by Chris Curry, Executive Director, Collier County Airport Authority.
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2/26/2013 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.1.
Item Summary: Recommendation to approve and authorize the Airport Authority's
Executive Director to execute the attached Amendment to the Common /Cargo /Executive
Hangar Lease Agreement between the Collier County Airport Authority and the Collier County
Sheriff's Department to correct a scrivener's error.
Meeting Date: 2/26/2013
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
2/14/2013 9:24:33 AM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
2/14/2013 9:24:35 AM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
Date: 2/15/2013 3:05:51 PM
Name: NoellKevin
Date: 2/15/2013 3:33:27 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 2/15/2013 4:14:47 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/19/2013 1:40:23 PM
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2/26/2013 16.G.1.
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 2/19/2013 4:37:54 PM
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2/26/2013 16.G.I.
FIRST AMENDMENT TO COMMON/CARGO/EXECUTIVE HANGAR AGREEMENT
BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY AND
COLLIER COUNTY SHERIFF'S OFFICE
THIS FIRST AMENDMENT TO COMMONICARGO/EXECUTIVE HANGAR
AGREEMENT ("Amendment") is made and entered into this day of
2013, by and between the COLLIER COUNTY AIRPORT AUTHORITY ( "Authority ") and
COLLIER COUNTY SHERIFF'S OFFICE ("Lessee") hereinafter collectively referred to as the
"Parties."
RECITALS:
WHEREAS, the Parties entered into a Common/Cargo/Executive Hangar Agreement
dated July 1, 2012, ("Agreement") a copy of which is attached hereto, and
WHEREAS, the Agreement provides for the use of Cargo Facility 42 at 205 Airpark
Blvd, Immokalee, FL 34142; and
WHEREAS, the Parties wish to amend Paragraph 2 of the Agreement (Fee),
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars (S 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 2 of the Aareement, entitled FEE, is hereby amended as follows:
FEE: Lessee shall pay an initial fee of $1- 79-.43 $1.497.03 monthly in advance on the
z4
first day of each month without demand. This fee may be increased during the term of
this Lease Agreement subject to Authority giving Lessee at least 60 days' advance notice
of the increase. Any failure to pay the fee in full and in advance shall require pa-,mient of
a late fee equal of thirty dollars ($30.00), and any failure to pay in full and on time shall
be cause for termination of this Lease Agreement. In addition to a late charge, 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 (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.
3. Except as modified by this Amendment, the Lease Agreement, shall remain in full force
and effect. If there is a conflict between the terms of this Amendment and the Lease Agreement,
the terms of this Amendment shall prevail.
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date fust above written.
AS TO LESSEE:
Collier County Sherriff's Office
(Print name of LESSEE)
By:
Title:
(lf corporation, LLC, partnership, etc.)
AS TO AUTHORITY: COLLIER COUNTY AIRPORT AUTHORITY
Thomas Vergo, Airport Manager
By:
Chris Curry, Executive Director
Approved as to form
and legal sufficiency:
Kevin Noel]
Assistant County Attorney
2
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COMMON /CARGO/EXECUTIVE HANGAR LEASE AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1, NAPLES, FLORIDA, 34114
(239) 642 -7878
LESSEE: Collier County Sherift's Office LESSEE'S PHONE NUMBER: (239) 793 -9157
CONTACT: Chris Roberts LESSEE'S ADDRESS: 3319 Tamiami Trail East, Naples, FL 34112
1. PREMISES AND TERM: The Collier County Airport Authority ("Authority") hereby leases to Lessee
Cargo Facility #2 at 205 Airpark Blvd, Immokalee FL 34142 (Exhibit "A "), herein after the
"Premises ". This Lease Agreement with no interest attached begins on July 1, 2412 and continues
from month to month until at least 30 days' advance written notice to terminate is given by one party to
the other.
2. FEE: Lessee shall pay an initial fee of 51,479.0.1 monthly in advance on the first day of each month
without demand. This fee may be increased during the term of this Lease Agreement subject to
Authority giving Lessee at least 60 days' advance notice of the increase. Any failure to pay the fee in
full and in advance shall require payment of a late tee equal of thirty dollars ($30.00), and any failure to
pay in full and on time shall be cause for termination of this Lease Agreement. In addition to a late
charge, 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 (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.
3. UTILITIES: Lessee is responsible for payment of all applicable utilities. Lessee must coordinate
service with utility company(s).
A. Authority shall provide the followring utilities and services to the leased Premises: Water and
Server for the fixed fee of $50.00 in advance on the first day of each month without demand.
B. Lessee shall, at its owa expense, be responsible for providing the following utilities and services to
the leased Premises: all utilities and services not specifically stated in paragraph 3.A above as
being provided by Authority which shall include, but not limited to, trash removal, electricity,
telephone, air conditioning, heat, cablelsatellite television, if so desired.
Authority does not warrant the quality or adequacy of the utilities or services specified above, nor does
Authority warrant that any utilities or services specified above will be free from interruption of any
cause which is beyond Authority s reasonable control Any such interruption will not be considered an
eviction or disturbance of Lessee's use and possession of the leased Premises, or, otherwise, relieve
Lessee from performing its obligations under this Lease Agreement.
4. COMPLIANCE:
A. REGISTRATION - Lessee shall provide Authority with a copy of the permanent FAA Certificate
of Aircraft Registration for any Lessee -owned aircraft to be stored under this Agreement. If
Lessee has a temporary registration or ifth.°re is any change in aircraft ownership., Lessee shall
have ninety (90) days in which to acquire a permanent registration or this Agreement may be
terminated for cause. if the registration is not in the name of the Lessee, Lessee shall provide to
Authority a copy of a valid exclusive lease or other document showing that Lessee has an adequate
possessory interest in the aircraft satisfactory to the Authority's Executive Director.
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LESSEE: Page 2 of 4
B. Lessee shall abide by the Collier County Airport Rules and Regulations, Collier County
Ordinances, Federal, State and Local Laws, and the Federal Aviation Administration Regulations
including environmental laws regarding the handling, discharge, and release and dumping of
chemical and hazardous substances.
C. Hazardous activities such as, but not limited to, welding. painting, doping, or the application of
hazardous substances are expressly prohibited.
D. The Premises shall not be used for the storage of flammable or explosive substances or items
except for those substances or items as allowed by Collier County Fire Code.
E. Aircraft shall be removed from the Premises for any activity involving the draining or adding of
fuel products.
F. Lessee shall keep the aircraft storage space clean and free of grease, oil, rags, paper and other
debris. Oily rags shall be kept in metal containers with a tight fitting lid.
G. If Lessee fails to maintain the Premises, the Authority may take corrective action at the expense of
Lessee upon ten (10) days prior written notification.
H. The Authority reserves the right to enter Premises at any time.
1. Lessee understands that Authority has implemented an airfield security plan and/or vehicle access
program with which the Lessee agrees to comply.
5. USE OF PREMISES:
A. The Premises may be used for storage of aircraft; equipment, or supplies related law enforcement.
No aircraft owned by third parties shall remain in or on the leased Premises, unless approved in
writing by the Airport Manager. No aircraft(s) shall be parked on the ramp overnight unless
approved in writing by the Airport Manager.
B. Lessee accepts the Premises "as is." Authority shall maintain structural components of the
Premises against ordinary wear and tear, including doors and door mechanisms. Lessee is
responsible for all other damage to the Premises caused by Lessee's use of or presence attin the
Premises.
C. No structural or electrical modifications, painting or alterations will be made to the Premises
without prior written approval of the Authority's Executive Director or a designated
representative..
D. Lessee shall not attach any hoisting. winching, or holding mechanism to any part of the storage
space, or pass any such .mechanism over the beam or braces thereof. Floor- mounted electrical
retrieval winches, which meet Collier County code requirements, may be installed in the Premises
with the prior written approval of the Executive Director or a designated representative.
6. ELECTRICAL APPLIANCES: Limited electrical appliances are allowed in the Premises including
portable fans, evaporative coolers, televisions, refrigerators, coffee makers, radios, powered tow bars,
battery trickle chargers, vacuum cleaners, and commercial or industrial -type air compressors. Any
appliance not having an explosion -proof motor must be elevated at least eighteen (18) inches above the
fluor. Prohibited appliances include, but are not limited to, electric heaters, hot plates, heat lamps, and
stoves. No extension cords or appliances shall remain connected to any electrical receptacle when the
Premises are not occupied. Lessee shall not allow use of electrical power by any other person.
7. MOTOR VEHICLES: Vehicles shall be driven on the aircraft operations area only by a licensed driver
at a speed not to exceed fifteen (15) miles per hour. Lessee shall maintain acceptable limits of liability
and property damage insurance on its vehicle and will exercise all controls and restraints necessary as to
its employees, agents, and invitees so as to comply with this Agreement.
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LF.SSEE: Page 3 of 4
8. ENGINE OPERATION: No aircraft engine shall be operated in a negligent manner so that the propeller
or exhaust blast may cause injury to persons or damage to property. Aircraft shall be towed into and out
of the respective hangar unit by the Lessee without the usage of the aircraft mounted engine(s).
9. PROPERTY DAMAGE: Collier County and the Authority assume no liability for damage or loss to
aircraft or other personal property stored under this Agreement. Aircraft and other personal property are
stored at Lessee's sole risk. Any insurance protecting Lessee's personal property against fire, theft or
damage must be provided to Authority by the Lessee.
10. ASSIGNMENT: The Premises is rented on a month-to-month basis. The Premises may not be sublet,
assigned, or otherwise transferred without written approval of the Executive Director. Any attempt to
sub-lease, assign, or otherwise transfer this Lease Agreement is void ab initio unless the Executive
Director authorized same through hi&/hcr execution of a written agreement for same, and never to
exceed a six (6) month duration.
11. AMENDMENTS: This Agreement may be amended only in writing by the Executive Director or a
designated representative.
12. TERMINATION: This Agreement may be cancelled by the Lessee upon thirty (30) days written notice.
The Executive Director or a designated representative may cancel this Agreement in accordance with
the following:
A. Curable Defaults — Violation of any term or condition of this Agreement shall be cured within ten
(10) days notice or within such other time as may be specified by the Executive Director or a
designated representative. Notice of three (3) or more curable defaults within a cumulative twelve
(12) month period whether such defaults are cured or not shall be grounds for termination for
cause of this Agreement. Notice of a repetitive violation of the same paragraph within a twelve
(12) month period whether such defaults are cured or not shall be ground for termination for cause
of this Agreement.
B. Non-Curable Defaults — Violation of the terms and conditions of non-curable defaults shall be
ground for immediate termination of this Agreement.
C. Without Cause — The Authority may cancel this Agreement, without cause, upon thirty (30) days
written notice where such action is necessary for the public health, safety or welfare in the
operation of the Airport as determined in the sole discretion of the County or Authority.
Authority may terminate this Lease Agreement for cause bV giving Lessee not less than three (3) days'
advance written notice. Upon termination of this Agreement, if Lessee does not remove its aircraft and
all other property brought onto the Premises by or on behalf of Lessee, Lessee agrees that Authority
may summarily remove all such property without any liability.
13. NOTICE OF LIEN: The Authority shall have a possessory lien, from the date rent is unpaid and due, in
all personal property stored within the aircraft storage space. Property stored in the storage space may
be sold to satisfy the lien if Lessee is in default. In order to provide notice of sale to enforce the
Authority's possessory lien, Lessee shall disclose any lien holder or secured parties who have an interest
in property that is or will be stored in the storage space.
14. SECURITY AND KEYS: Lessee agrees to always cooperate with Authority in every respect, including
security regulations. Security of the Premises and all property therein is the sole responsibility of the
Lessee. Lessee shall provide Authority with a duplicate key to any lock or locking device that secures
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LESSEE:
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the leased Premises. Authority will use the key to gain access only in the event that an emergency
appears to necessitate immediate access by Authority. 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 Authority is not re- locked through negligence of Authority.
15. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) any vacant hangar may
be used by Authority for temporary occupancy of any aircraft at the discretion of the Executive Director
or Airport Manager provided such occupancy is to protect the aircraft from potential exposure to loss or
damage because of the emergency.
16. INSURANCE: The Lessee shall provide all insurance deemed appropriate by the Authority, as
determined by Collier County Risk Management.
17. This Agreement is governed by the Laws of the State of Florida.
AS TO LESSEE:
C o t t r if R Cr y ,v T 1'
(Print name of LF,SSEE)
By: /�' 4 Z
Title: tjtg,,� aG RDA•r.w1Si RA J �/
(If corporation, LLC, partnership, etc.)
AS TO AUTHORITY: COLLIE COL'NTY AIRPORT AUTHORITY
By: � 2
Thomas Vergo, .Airport Manager
By: 3�
Chris Curry, Executive birector
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