Agenda 06/28/2011 Item #16G1
6/28/2011 Item 16.G.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority,
approve and authorize the Authority's Executive Director to execute the attached tie-down
standard agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island
Execntive Airport.
OBJECTIVE: To adopt and authorize the Airport Authority's Executive Director to execute
standard tie-down agreements for the Everglades Airpark, Jmmokalee Regional Airport and
Marco Island Executive Airport.
CONSIDERATIONS: Ordinance 2010-10, Section Ten (D) indicales Ihat the Airport
Authority's Executive Director is responsible for the administration, management and operalion
of the airport and airport facilities.
To efficiently manage and maintain a continuous rcvenue stream for these facilities, it is
necessary to fill aircraft tie-dov.1l spaces in a timely manner. 11 is common industry practice for
airports to have standard tie-down agrecments to ensure consistent treatment of all tcnants and
sustain maximum occupancy ofthe facilities.
The attached tie down agreement has been reviewed by the County Attorney's office.
FISCAL IMPACT: The FY20] I budget appropriates tie down revenue in the amounl of
$6] ,900. This represents two percent (2%) of total operations revcnue.
GROWTH IMPACT: There is no grov.th impact associated with Ihis Executive Summary.
ADVISORY BOARD RECOMMENDATION: At the June 6, 2011 meeting, the Airport
Advisory Board voted unanimously to recommend that the BCC adopt the attached standard tie-
down agreement.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office,
requires majority vote, and is legally sufficicnt for Board action. - CMG
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, approves and authorizes the Airp011 Authority's Executive Director to execute
standard tie-down agreements for the Everglades Airpark, Immokalee Regional Airport and
Marco Island Executive Airp0l1.
Prepared by Chris Curry, Executive Director, Collier County Airport Authority.
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6/28/2011 Item 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number:
16.G.1.
Item Summary: Recommendation that the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Authority's Executive Director to execute the
attached tie-down standard agreements for the Everglades Airpark, Immokalee Regional
Airport and Marco Island Executive Airport.
Meeting Date: 6/28/2011
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
6/15/20112:23:17 PM
Submitted by
Title: Executive Director - Airport Authority.Airp0l1 Authority
Name: CurryChris
6/15/20112:23:19 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority.Airport Authority
Date: 6/20/2011 8: 17:38 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 6/20/201] 1 :12:50 PM
Name: KlatzkowJeff
Title: County Attomey,
Date: 6/20/2011 3:02:41 PM
Name: Isackson Mark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 6/20/20113:19:33 PM
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6/28/2011 Item 16.8.1.
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6/28/2011 Item 16.G.1.
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TIE DOWN AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE]
NAPLES, FLORIDA 34114
(239) 642-7878
THIS LICENSE AGREEMENT is made and entered this _ day of ,2011,
by and between the Collier County Airport Authority (hereinafter referred to as '"Authority'"), and:
Name:
Type of Entity: (circle one):
Individual
Corporation (insert State ofIncorporation):
Limited Liability Company (insert State where formed):
Partnership (insert State where registered):
Other (describe):
Phone Number:
Address:
(Hereinafter referred to as '"Licensee"')
1. PREMISES AND TERM: The Authority hereby licenses an aircraft parking space at the
Airport. The specific location of parking space is subject to
determination by the Airport Manager or designee and may be changed from time-to-time by Ihe
Airport Manager or designee without any permission or approval from Licensee. This bare license
with no interest attached begins on for ninely (90) days, and will 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. The Authority may terminate this agreement for cause, as defined below, on 3 days written
notice to licensee.
2. AUTHORIZED AIRCRAFT: The Premises shall only be used for the parking and storage of the
Licensee"s following described aircraft:
Aircraft 1. D.:
Aircraft Color:
Aircraft Make:
Aircraft Model:
3. FEE: Licensee shall pay an initial parking fee of $ __ monthly, plus applicable Florida
sales tax in advance on the first day of each month without demand. This fee may be increased during
the tenn of this license subject to the Authority giving Licensee at least 60 day's advance notice of the
increase. Any failure to pay the fee in full and in advance shall require payment of a late fee equal to
thirty dollars ($30.00) and any failure to pay in full and on time shall be cause for tennination for cause
of this agreement. In addition to a late charge, in the event Licensee fails to pay the rentals, fees or
charges as required 10 be paid under the provisions of the 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.
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6/28/2011 Item 16.8.1.
4. MAINTENANCE: Licensee accepts the premises "as is." Licensee is responsible for all other
damage to the premises caused by Licensee's use of the premises.
5. LIABILITIES: Licensee hereby waives all future claims against the Authority, its employees,
agents and/or representatives for any and all liability for damage to the aircraft. Any act or use of the
premises by Licensee not expressly authorized by this agreement, including storage of any flammable
liquid or gel in the aircraft, and/or storage of other than aircraft fuel and oil in the aircraft's tanks is
unauthorized use. Hazardous materials are strictly prohibited. The Authority shall have no obligation
to take any measures to protect the aircraft from wealher, including wind. The Authority shall have no
obligation 10 notify Ihe Permittee of any approach of inclement weather, including any hurricane.
6. USE OF PREMISES: The premises shall be used only for the parking of airworthy aircraft owned
or leased to the Licensee. All other use of or storage within the premises is strictly prohibited unless
authorized in writing by the Airport Manager.
7. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph I above, the
Authority may terminate this agreement for cause by giving Licensee not less than Ihree (3) days'
advance written notice to vacate. Any breach of this agreement by Licensee is cause for such
termination. If Licensee does nol remove its aircraft and all other property brought onto the premises
by or on behalf of Licensee, the Authority may summarily remove all such property without any
liability.
8. SECURITY AND KEYS: Licensee agrees to cooperate with the Authority in every respect,
including security regulations. The Authority shall not be responsible for theft, vandalism, pilferage, or
other damage or loss to any property excepllhal which result through negligence of the Authorily. The
Authority's liability is subject to the limits of Section 768.28, Fla. Stat., Florida's Sovereign Immunity
Law.
9. LEASE MANUAL: Licensee 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 Licensee shall be bound by the terms of this Lease
Manual, as of the ] st day of the second month Licensee 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.
10. RULES AND REGULATIONS: Licensee shall comply with the Authority's published Rules and
Regulations for this Airport, which are on file at the address set forth above, as such regulations may be
amended from time to time by the Authority including such reasonable and uniform landing fees, rates or
charges, as may from time to time be levied for airfield operational privileges and/or services provided at
the Airport.. Licensee shall also comply with any and all applicable govemmental statutes, rules, orders
and regulations. Licensee shall not allow any sib'11s, cards or placards to be posted or placed on the
Premises without prior written approval of the Authority.
II. ASSIGNMENT: This Agreement is personal to Licensee. Licensee shall not assign this Agreement,
and may not sublet Ihe Premises, or any part thereof without advance written approval from the Authorily,
which approval shall be in the Airport Direclor's sole discretion.
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12. DISCHARGE OF LIENS: In the event of the filing of any mechanic's lien or materialman's lien or
liens, or any other charge whatsoever against the Premises or any improvement thereof during the term of
the agreement, (or any extension thereof), Licensee immediately shall take all necessary steps to secure the
release of same. In the event Licensee fails to take reasonable steps to secure the release of any such liens
or charges, the Authority upon ten (10) days' prior written notice to Licensee, shall have the righl and
privilege of taking the necessary steps, including payment. to secure the release of any such lien or charge,
and any amount so paid by the Authority including reasonable expense and costs (including attorney's
fees), shall be added to the rental due hereunder from Licensee to the Authority and shall be paid by
Licensee to the Aulhority immediately upon receipt by Licensee from the Authority of any itemized
statement Ihereof.
13. INDEMNIFICATION: Licensee shall defend, indemnify, and hold Authority and its officers, agents,
servants, representatives and employees harmless from and against any and all loss, damage, actions,
lawsuils, claims, cost and expense (including attorneys' fees), as a result of any personal injury, death,
property damage, penalty, fine or any other claim or suit of whatever nature, arising in any way from
Licensee's occupancy and use of the Premises or the Airport. Any and all other personal property of
Licensee or his officers, employees, servants, agents, guests or business visitors shall be stored and
otherwise used on the Airport at Licensee's sole risk of damage or loss.
14. SURRENDER-DAMAGES: At the termination of the agreement, Licensee will immediately
surrender, release and yield up the premises to the Authority peaceably, quietly and in good order and
condition, reasonable wcar and lear are expected. If failing to do so, Licensee will pay as rental to
Authority for the entire time such possession is withheld, the sum of Ten Dollars ($10.00) plus one
thirtieth of Ihe monthly rental in effect at the time of said termination, per day or for any such penalty or
payment as may be provided in the agreement, at the option of tl1e Authority; provided that the provisions
of this clause shall not be deemed a waiver by Authority of any right of re-entry as herein provided, nor
shall the receipt of said rent, or any part Ihereof. or any othcr act in apparent affirmation of tenancy, by
Authority, operate as waiver of any right or remedy available to Authorily hereunder for a breach of any of
the covenants contained in the agreement. Upon the expiration or tennination of the agreement, Licensee
shall remove its personal propcrty and equipment from the premises. Licensee shall be liable for and pay
for any damage caused to the premises or any other property of Authority because of Licensee's
occupation of the premises, Licensee's removal or failure to remove Licensee's property. including but not
limited to any and all cost.~ incurred by the Authority in removing and storing Licensees property.
15. DEFAULT-TERMINATION:
A. In the event of default by Licensee in the payment of the rental obligation on the day the san1e becomes
due or payable, which default continues for ten (10) days, or in the event of any default by Licensee with
respect to any other covenant or obligation of Licensee under the Agreement, then in any or either of such
events, Authority at its election, at or after the expiralion of len (10) days' previous notice in writing of
such default sent as provided below to Licensee, may declare a forfeiture and termination of the
agreement. All rent due or to become due under the then existing term of the Agreemenl shall become
immediately due and payable at that time.
B. Authority further shall have thc right to tenninate the Agreement in the event of the occurrcnce of
any of the following: insolvency of Licensee, liquidation or dissolulion of Licensee: the institution of a
volunlary or involuntary hankruptcy proceeding by or against Licensee; assignment by Licensee for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Licensee or if
Licensee fails to adhere to the provisions of the Agreement.
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6/28/2011 Item 16.G.1.
C. All the remedies referenced herein shall be in addition to and not in derogation of any remedies
provided in the Agreemenl or available at law or in equity.
16. DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in part by fire, or other caqualty, Licensee, at its option, may terminate this
Agreement or, at its cost and expense, may elect in writing to Authority to repair or reconstruct said
Premises or improvements. Such election shall be made within thirty (30) days of the date of such
destruction. If such election is made, rental payments shall conlinue unabated and uninterrupted.
17. AIRPORT DEVELOPMENT: The Authority reserves the righl to further develop or improve the
landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of Ihe
Licensee, and without interference or hindrance.
18. ATTORNEY FEES: Licensee shall pay the cost of collection and reasonable attorney's fees
whenever the Authority retains the service of an attorney to collect overdue rents or to enforce any other
term or condition set forth in this Agreement or Lease Manual.
19. AIRPORT OPERATIONS: Licensee shall prevent any use of the Premises which would interfere
with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport
hazard, and will restrict the height of structures, objects of natural growth and other obstructions on the
Premises to such height as comply with Federal Aviation Regulations, Part 77.
20. CONDEMNATION: If, at any time during the term of the agreement, title to the whole or
substantially all of the premises shall be taken in condemnation proceedings or by any right of eminent
domain, the affected agreement( s) shall terminate and expire on the date of such taking. The fixed rental
and other charges payable hereunder shall be apportioned and paid to the date of such taking. Nothing in
this paragraph is intended to waive Licensee's constitutional rights to be compensated by any government,
person or organization, which appropriates Licensee's private property.
21. REMEDIES CUMULA TNE-NO WANER: The rights and remedies granted to Authority under the
Agreement shall be deemed cumulative and non-exclusive. The failure by Authority at any time to assert
any such right or remedy shall not be deemed to be a waiver, and shall not preclude the assertion of such
right or remedy at a later date.
22. DOMINANT AGREEMENTS: This Agreement is subordinate and subject to all existing agreements
between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and
the Authority and Collier County. During the time of war or national emergency, Ihe Authority shall have
the righl to lease the landing area or any part thereof to the United States Govemment for military, naval,
or similar use. If such lease is executed, the provisions of this Agreement insofar as they are inconsistenl
with the provisions of the lease to the Government, shall be suspended. Any executed Agreement shall be
subordinate to the provisions of any existing or fulure Agreement between Authority and the United States,
relative to the operation or maintenance of the Airport, the execution of which has been or may be required
as a condition precedent to the expenditure of Federal funds for the development of the Airport.
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement on the date first above written.
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AS TO LICENSEE:
(Print name of LICENSEE)
By:
Title:
(If corporation, LLC, partnership, etc.)
AS TO AllTHORITY:
COLLIER COUNTY AIRPORT AllTHORITY
By:
, Airport Manager
By:
CHRIS CURRY, Executive Director
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