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Agenda 06/28/2011 Item #16G2 6/28/2011 Item 16.G.2. EXECUTIVE SUMMARY Recommendation to approve attached Concessionaire Agreement between the Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation Sen' ice Operations at the Marco Island Executive Airport. OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority (Authority), approves the attached concessionaire agreement between the Collier County Airport Authority and Marco Aviation Inc. (Tenant) for Specialized Aviation Service Operations (SASO) at the Marco Island Executive Airport. CONSIDERATIONS: The Authority is responsible for operation and maintenance of the Marco Island Executive Airport (Airport), which it Sub-Leases from Collier County pursuant to a masler Sub-Lease Agreement dated May 14, 1994. Tenant desires to sub-lease facilities at the Marco Island Airport to provide aircraft 11ight training, aircraft charter and air taxi services, specialized commercial flying services, aircraft maintenance and repair, and to sell aviation and non-aviation products, excluding fuel and petroleum products. The term of the agreement is two years and continues from month to month until at least thirty days advance written notice to tenninate is given by one party to the other. During the tenn of the agreement, the Tenant shall pay the base renl and related charges applicable to the premises in accordance with the uniform rate schedule in effect and published by the Airport Authority, plus all applicable taxes. In addition to the base rent, the Tenant shall pay the Authority a $200 commercial operating fee annually. FISCAL IMPACT: There is no fiscal impact associated with this Execulive Summary. The rents to be received are already accounted for in the FY2011 budget. GROWTH MANAGEMENT IMP ACT: None. ADVISORY BOARD RECOMMENDATION: At the June 6, 2011 meeting, the Airport Advisory Board voted unanimously to recommend that the BCC approve the Concessionaire Agreement with Marco Aviation, Inc. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufticicnt for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier Counly Airport Authority, approves the attached concessionaire agreement between the Collier County Airport Authority and Marco Aviation Inc. PREPARED BY: Chris Curry, Airport Authority Executive Director .,-. Packet Page -1599- 6/28/2011 Item 16.G.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2. Item Summary: Recommendation to approve attached Concessionaire Agreement between the Collier County Airport Authority and Marco Aviation Inc. for Specialized Aviation Service Operations at the Marco Island Executive Airport. Meeting Date: 6/28/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authorily 6/15/2011 2:26:25 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 6/] 5/2011 2:26:26 PM Approved By Name: CurryChris Title: Executive Director - Airpol1 Authority,Airport Authority Date: 6/20/201] 8: 19:25 AM Name: GreeneColleen Title: Assistant County Attol11ey,County Attol11oy Date: 6/20/2011 9:38:00 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 6/20/2011 10:] 8: 12 AM Name: KlatzkowJeff Title: County Attol11ey, Date: 6/20/2011 11 :36:03 AM Packet Page -1600- 6/28/2011 Item 16.8.2. Name: IsacksonMark Title: Director-Corp Financial and Mgmt Svs,CMO Date: 6/20/2011 1 :58:31 PM Packet Page -1601- 6/28/2011 Item 16.G.2. MARCO A VIA TION, INe. CONCESSIONAIRE AGREEMENT "Specialized Aviation Service Operations at the Marco Island Airport" THIS AGREEMENT made effective this day of 2011, between the Collier County Airport Authority Board (hereinafter called the "CCAA") and Marco Aviation, Inc., 2005 Mainsail Dr., Marco Island, FL 34114 (hereinafter called "Concessionaire"). 1. SCOPE. The CCAA hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the CCAA, the right to operate the following described Specialized Aviation Service Operations (SASO) at the Marco Island Executive Airport, 2005 Mainsail Drive, Naples, FL 34114, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. a. TERM. This Agreement shall be for a term of two years effective on the commencement date and continues from month to month until at least thirty (30) days advance written notice to terminate is given by one party to the other. b. FACILITIES. The CCAA shall lease to the Concessionaire the following facilities and space: Terminal Counter Space 168 sq. feet of office and counter space T-Hangar - 2 aircraft t-hangar storage spaces Tie Down Location - 3 aircraft tie-down spaces Storage Space - I equipment storage space Easement for ingress and egress to the properties (hereinafter "Facilities") by the Tenant and its employees and business invitees c. USES. The Concessionaire is authorized to provide specialized aViatiOn service operations. The services provided through Marco Aviation, shall be offered to the public at all times that a reasonable demand for such services exist. Please see attached Exhibit "A" specifically defining Ihe Scope of Services. d. EXHIBITS. Attached hereto and included as though fully incorporated herein are a Collier County T-Hangar Agreemenl and Collier County Tie-Down Agreement. 2. NOTICES. All notices from the CCAA to Ihe Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: Marco Aviation, Inc. 2005 Mainsail Drive, Suite 3 Marco Island, FL 34114 All notices from the Concessionaire to the CCAA shall be deemed served if mailed by registered mail to the CCAA at the following address: Packet Page -1602- 6/28/2011 Item 16.G.2. Collier County Airport Authority 2005 Mainsail Drive, Suite I Naples, Florida 34114 Attention: Robert Tweedie Airport Manager 3. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the CCAA and Marco Aviation, Inc. Concessionaire is not an agent of the CCAA. 4. ASSIGNMENT. Concessionaire shall not assign this Agreement or any part thereof, without the prior consent in writing of the CCAA. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the CCAA's consent, shall be void. If Concessionaire does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Concessionaire has assumed toward the CCAA. 5. PERMITS. LICENSES. TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of CCAA, the State of Florida, or the U.S. Government. 6. CONSIDERATION. Rent and Fees. a. Rent. Beginning on the Effective Date, the Tenant shall pay the Authority an initial annual payment ("Rent"). The total initial annual amount of Rent shall be in accordance with Table "A" below, which includes applicable FL sales tax (6%). TABLE "A" INITIAL YEAR SCHEDULE ONLY Description of Facilities Rental Rate Basis Total Monthly Total Annual Rent Rent wfTax wrrax 168 sq. ft. of fmished office and cOWlter space. $18/sq.ft.lyear $267.12 $3,205.44 1 Aircraft storage t-hangar Wlits (1,071.6 sq. ft. each) $0.322/sq. ft.lmonth $365.77 $4,389.24 I Aircraft storage t-hangar Wlits (1,071.6 sq. It. each) . ..~ $0.322/sq. ft.lmonth $365.77 $4,389.24 1 Equipment storage t-hangar Wlit (517.5 sq. ft.) $0.229/sq. ft.lmonth $125.62 $1,507.42 **1 Twin engine aircraft tie-down space (see 4.e.below) $100.00/ month - $.00 $0.00 ($1,200 Tie- Down fee waiver) I **2 Single engine aircraft tie.down spaces (see 4.e. $75.001 month/space $0.00 I $0.00 ($1,800 Tie- below) I Down fee waiver) Commercial Operating Fee (see 4.c. below) $200/year N/A $212.00 Total $13,703.34 2 Packet Page -1603- 6/28/2011 Item 16.G.2. b. Adjustment of Annual Rent. Commencing with the first anniversary of the Commencement Date, and on each anniversary date thereafter, Tenant Base Rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI-U) base published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will be that for the South Urban Size C Area (or comparable index if such index is discontinued), hereinafter called "CPl". An increase in the monthly Base Rent for the successive Lease Years, if any, shall be based upon a comparison of the most recent CPI published for the current Lease Year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional Base Rent shall be the percentage difference between the two preceding cpr s. In no event shall the Base Rent, once increased, be decreased, nor shall it be increased more than once in a 12-month period. c. Commercial Operating Fee. Beginning on the Effective Date of this agreement the Tenant shall pay a fixed annual commercial operating fee of $200.00 per year, plus applicable Florida sale tax. d. Utilities. Except as specified below, the Tenant shall be responsible for all utilities and services that are furnished to the Facilities. The application for and connecting of utilities, as well as all services, shall be made by and only in the name of the Tenant. The Authority shall not be responsible for payment of any utility fees, monthly service fee or otherwise. Exceptions: Renl includes basic electrical utilities in the Facilities, HV AC, water and wastewater. Tenant shall participate in energy conservation practices established by the Airport Manager in common with other tenants in the same metered facility. e. **Tie-Down Fee Waiver. The 2011 Rates and Charges schedule approved by the Collier County Airport Authority provides for the waiver of nightly aircraft tie-down/parking fees with fuel purchase. Therefore, tenant will be granted a tie-down fee exemption throughout the term of this agreement provided fuel is purchased for aircraft operated by lenant consistent with their commercial aeronautical activities. Fuel purchases must meet the requirements of the then current rates and charges throughout the term of this agreement. 7. DEFAULT IN PAYMENT. Monthly rent and required fees must be submitted to the CCAA and be received by the fifteenth (15th) of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of Fifty Dollars ($50.00) for each such late payment, in addilion to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the CCAA may take possession of the Concessionaire's assets on CCAA property and may cancel this Agreement. A monthly report of activities shall be submitted to the CCAA or their designee by the fifteenth (15th) of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The CCAA has no duty to notify the Concessionaire of its failure to remit any such payment or report 8. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to unforeseeable causes beyond the control of Concessionaire, and not due to its own fault or neglect, including but not restricted to, acts of nature or of public enemy, acts of government or of the CCAA' fires, floods, epidemics, quarantine regulations, strikes or lock-outs, the CCAA will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 3 Packet Page -1604- 6/28/2011 Item 16.G.2. 9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Marco Island Airport Concession any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Airport Manager. Upon expiration of the term specified in paragraph lea), if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he may remove his personal property including equipment from the Marco Island Airport Concession and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the CCAA may cause same to be removed and stored at the cost and expense of the Concessionaire, and the CCAA shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and CCAA may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 10. RECORDS. AUDIT. Concessionaire shall establish and maintain such records as now exist and may hereafter be prescribed by the CCAA in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the CCAA the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the CCAA and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the CCAA within three (3) business days after the CCAA's notice to do so is received by Concessionaire, all at no cost to the CCAA. Concessionaire shall use electronic point-of-sale cash control equipment for the proper control of cash paymenls. Cash register tapes must be maintained and made available to the CCAA upon demand during the entire term of Agreement. All electronic cash control equipmenl and accounting procedures shall be with the approval of the CCAA Finance Department. II. COOPERATION. The Concessionaire agrees to cooperate with the CCAA in the conduct of surveys and to provide reports of visitor usage of all concession services. The CCAA shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. CCAA shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 12. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 18. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the CCAA from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 19. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten (10) days after written notice to do so from the CCAA. 25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive 4 Packet Page -1605- 6/28/2011 Item 16.G.2. purpose, nor for any purpose in violation of any federal, state, or CCAA law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the CCAA or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the CCAA shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the CCAA. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the CCAA. Uses must be in compliance with approved uses as set forth in Exhibit" A", attached. 26. PRICES. The Concessionaire agrees that prices and fees charged for specialized aviation service operations will be competitive with those charged for similar services in the general vicinity. 28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such defaull is not cured within fifteen (15) days after written notice is given to the Concessionaire, the CCAA may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the CCAA's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for Ihe purpose of exercising any rights so revoked. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. TERMINATION. The Agreement may be lerminated by the CCAA immediately due to any material breach of this Agreement. The CCAA shall be sole judge of non-performance. Further the CCAA may terminate this Agreement for its convenience by giving the Concessionaire not less than a thirty (30) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. 31. CCAA CONTROLS OF THE MARCO ISLAND AIRPORT. Nothing in this Agreement will preclude the CCAA from using the public areas of the Marco Island Airport for public and/or civic purposes. In Ihe event of occurrences previously mentioned, the Concessionaire will be notified, as deemed necessary by the CCAA or their designee. 32. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA. 33. VENUE. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 34. INDEMNIFICATION. To the maximtun extent permitted by Florida law, the Concessionaire 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 5 Packet Page -1606- 6/28/2011 Item 16.G.2. conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the performance of this Agreement. lbis 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. lbis section does not pertain to any incident arising from the sole negligence of the Collier County Airport Authority. Collier County's liability is subject to the limits in Section 768.28, Florida's Sovereign Immunity Act. 35. INSURANCE. Before commencing work of any kind (I) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. A. Commercial General Liabilitv: Coverage shall have minimum limits of $3.000.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. C. Automobile Liabilitv: OwnedINon-ownedlHired Automobile Included limits of $1,000,000 Each Occurrence. Special Reouirements: Collier County Airport Authority shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the CCAA at least 30 days prior to any cxpiration date. There shall be a 30 day notification to the CCAA in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide CCAA with certificates of insurance meeting the required insurance provisions. 36. LEASE MANUAL. The Concessionaire 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 the Concessionaire shall be bound by the terms of this Lease Manual, as of the 1 st day of the second month that Concessionaire 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. 37. THIS AGREEMENT shall be administered on behalf of the Collicr County Airport Authority. As used herein, the acronym "CCAA" shall refer to the Airport Director or his designee unless the context renders such construction ilIogical. 6 Packet Page -1607- 6/28/2011 Item 16.G.2. - IN WITNESS WHEREOF, the Concessionaire and the CCAA, have each, respectively, by an authorized perSon or agent, hereunder set their hands and seals on the date and year first above written. DATED: A TrEST: DWIGHT E. BROCK, CLERK OWNER: COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTV, FLORIDA Deputy Clerk BY: Fred W. Coyle, Chairman Approved as to form and aI sufficiency: c~ oUeen Greene Assistant County Attorney CONCESSIONAIRE ~ ,SJ,~lJ.tb~~ First Witnes~ JOSiL .'):.;,....,.,4 C"L~~ Typed/print witness name .ti BY: Si e of President O.dtt.~v~~~~.V'7 Second Witne UP VI ...('~ \3('Ul"';;'~l"'~ VI Typed/print witnes name 4CJY,L.. !/; j.j...A;e~ Printed name of President 7 Packet Page -1608- 6/28/2011 Item 16.G.2. Exhibit A Page I of3 EXIDBIT "A" SPECIALIZED A VIA TION SERVICE OPERA TONS (SASO) DESCRIPTION MARCO A VIA TION Tenant is authorized to conduct the following Specialized Aviation Service Operations. in accordance with the provisions of the Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers adopted by the Collier County Airport Authority. I. Aircraft flight training 2. Aircraft charter and air taxi services 3. Specialized commercial flying services 4. Aircraft airframe, engine and accessory maintenance and repair 5. The sale of aviation and non-aviation products, excluding fuel and petroleum products. Packet Page -1609- 6/28/2011 Item 16.G.2. <(.."'" , J -x Q) We> '" a. <I:; <I:; () () e et CJ z Ow ::!() ::)<1:; IDo... en a:w .- etc!) et CJ<I:; :iE za: - etO z :dii 0 'l- e ~ I-Z a:w :> o~ 0.0... et a:::> c -0 z etw et Wo<:S ...I >en ~ -a: 1-<1:; 0 ::)c!) Uz U W<I:; a: XI et W , :iE c~ z= z :3:;; 0 f- cnI <( -x Ow > U <( a: 0 et 0 :iE IT: <( 2 G G Packet Page -1610- .... - ..... 0-- '" 0- t.O '" "":l!) t-- . o~ ~l!) i...: ,. ct! .-=: OlC c::> ell Q) IOl .r:.ell u ~ ellB wen <'" :s'O .- '" ... ~ We> " 0. IU o Z ~ o Ul ~~ffi >1-1- <(-z o!!!;:) o:I:O a:><O <(lUlU ::;; !:1 LL LL o 6/28/2011 Item 16.8.2. --------------------------------------------------------- --------- '" " c '" "' + 2 c Ii c :J '" 0 0 c:: ..J 0 "' " :E ~ + .~ ~ iI i:L z o a: a. <{ 1:: ~ W <i: ~ Q) g'U -,E; :.0 U) :J= 0 ~~r- ><_z LlJg!;s: "C .- <( ~Ea: ~~C1 o f- u 0 co ~ :;;: ell ~ G) - .- u S = ca ._ 0 c. m"tJW .- GJ ... > VI " <truE o .. " u""i 0 ai.gU :;;Uloll <{ 0; 'E :J o o '" Q) u 6 " .2: ~ u; '2 E "0 <{ Packet Page -1611- E o e U; " a: E 5 o 0 u: a o - Q) 'E :J o o E 0 o 0 u: a '" E o e Vi Q) a: z o a: a. <{ <.!:l Z S2 a: <{ a. tL <l: a: o a: :;;: 6/28/2011 Item 16.G.2. .l(?1IWl1f'4ol$o ~ \ " ~ .. T - HANGAR LEASE AGREEMENT COLLIER COUNTY AIRPORT AUTHORITY :W05 MAINSAIL DRlVE, SUITE] NAPLES. FLORIDA 34114 (239) 642-7878 THIS LEASE AGREEMENT is made and entered this ~ day of .20] I, by and betwecn the Collier County Airport Authority (hereinafter referred to as "Authority"). and: Name: Marco Aviation. Inc. Type of Entity: (circle one): Ind' ,. ual o oratio insert State ofIneorporation): t- 10<" \ d 0.... Limited Liability Company (insert State where formed): Partnership (insert State where registered): Other (describe): Phone Number: (239) 394-0010 Address: 2005 Mainsail Drive. Suite 3. Naples. Florida 34 114 (hereinafter refeITed 10 as "TenanC) 1. PREMISES: The Authority hereby leases to Tenant T-hangars _5 !:.Land ~,it at the Marco Island Executive Airport. 2. AlTHORIZED AIRCRAFT: The Premises shall only be used for the parking and storage of the Tenant's following deseribcd aircraft: Aircraft I.D.: IY? I tl /1 V . Aircraft Color: Lvl-..T E / f{ /... 0 ::: Aircraft Make: _C :::. <5 i! ''1 Aircraft Model: "j' 1[\ K. Aircraft 1.0.: _~{ !vII';)' Aircraft Color: _"j; (' . ('. Aircraft Make: '\ ' Aircraft Modcl: . /. Il,'-'- 3. TERM: The tcrm oflhis agreement will commence on the 1st day of___~__, 2011. 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 tem1inate this Lease for cause. as defined below. on 3 days writlen notice to Tenant. 4. RENT: In consideration of the rights granted herein, Tenant shall pay the ..\uthority during the term of this Agreement the base rent and related charges applicable to the Premises in accordance with the uniform rate schedule in effect and published by the Authority. togethcr with all applicable taxes. including state sales tax. This rate schedule is suhjeet to adjustment bv the Authority. Any chan~e in the rale :chedule will become effective with respe~t to the i:ee ovV(:d by this I_eas~ ;, of the I" d;y of the seeond month following such change. Payment shall be due in adyance on the first day of each month without demand. -\ny failure to pay the fee in full and in adyance shall require payment of a late fee equal to thirty dollars IS30.(0) and any failure to pay in full and on time shall bc cause lor termination for causc of this Lease. In addition to a latc charge. in the e\Cnt Tenant fails to pay thc Page 1 of6 Form E.ffeclin: ]-(\'--/ f Packet Page -1612- ^-~_.~---_._--- 6/28/2011 Item 16.8.2. rentals. fees or charges as required to be paid under the provisions of the Lea,e Agreement within thirty (30) days after the same shall hecome due. interest at one and one half perccnt (1.5%) pcr month shall accrue on the delinquent payment(s) unlil the same are paid. 5. ~1AlNTE'\ANCE: Tenant accepts the premises "as is." Tenanl shall maintain structural components of the hangar against ordinary wear and tear. including doors and door mechanisms. Tenant is responsible for all other damage to the premises caused hy Tenant's use of or presence at/in the premises. 6. LIABILITIES: Tenant hereby \\aives all future claims against the /\uthority, its employees. agents and/or representath es for any and all Iiahility for d:ullage to the aircraft and any other property in or around the hangar except for physical damage caused by mO\ement of aircrafi solely by the Authority's cmploy'ees, agents or representatives without any participation in such movement (or instructions to move same) from Tenant or T enan!' s agents. employces or any othcr person with apparcnt authority on hehalf of Tcnant. Any act or usc of thc premises hy Tenant not cxpressly authorizcd by this Lcase Agrecment including storage of any tlanlmahlc liquid or gel in the hangar or in the aircraft. and/or storage of other than aircraft fuel and oil in the aircrali's tanks is unauthorized use. Hazardous materials are strictly prohibited. 7. t:SE OF PREMISES: The premises shall bc used only I(lr storage of airworthy aircraft only and tools associated with aireraft repair that would not constitute a lire hazard. Painting and major aircraft repairs therein are prohibited. T-Hangars are not to be used as sleeping quarters or storage of personal vehicles with the following exception. The aircralis owner's vehicle may he parked in the hangar \\ hile the aircraft is in transit. \Vithin the T -Ilangar. Tenant shall he permitted to perform only repairs and/or maintenance speeifieally authorized under Federal ..\ir Regulations, Part -13. Section 43.3. Prc\entative Maintenance unless otherwise authorized by the Executive Director or their designee. This maintenance may he pcr!()(111ed hy the owner/'pilot of the aircraft of a licensed A&P mechanic that Ieascs T-Hangm space atthc airport. If a T-Hangar Tenant desires to have a mechanic or technician that does not lease space at thc airport. the I()lhl\\ing p(jlicv "ill he adhered (0. All commercial mechanics. technicians, or other persons doing husincss j(lI' compensation that do not lease space at the airpol1 shall he required to register with the Authority. give proof of liahility insurance and sign a statement holding the Authority harmlcss. list qualijications. liccnses. ctc.. and pay a vendors fee in the amount of $25.00 per day. "'henner separale airport maintenance facilities are not availahle, annual inspections will he approved hy the Airport \fanager with prior approval. All othcr use of Of storage within the premises is strictly prohil1itcu unless authorized in writing l1y the Airport ~ lanager. 8. TERMINATION FOR CALSE: '\o(withstanding thc nutice prO\ ision of paragraph 3 abO\e, thc Authl)rity may tcnllinate this 1.case Agrccment j(lr cause by giving Tcnant nut less than three (3) days' advancc written notice to \'3cak. Any hreach of this agreement hy Tenant is causc for such temlinatiun. If Tenant does not remu\ e its aircrali and all other property hrought onto the premises by or on behalf of Tenant. the ..\uthority may summarily rem(\\ c all such property "ithout any liabilitv. 9. ACCESS. SEU,RITY A'\D KEYS: lenunt cxpressly authorizes the ..\uthority's ExeclIlive Director. or other July authorized representative or a!2ents or Authority, access at all reaslmablc tiInes to the Premises. T~cnant agrees to' always CO()rCral~ with the :\utho~'ity in evcry rc~pect. including security regulations. Sccurity of the hangar and all property therein is the sole responsibility or the Tenant. T cna11l shall pnwide the Authori1\' with a duplicak kcy t(\ any j'1Ck or locking device that secures the Pclg.C 2 (116 Fo/'m [/fl.'clive .1.\' J I Packet Page -1613- 6/28/2011 Item 16.G.2. Premises. The 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 thc Authority is nol re-Iocked through ncgligence of the Authority. 10. EMERGENCY SITUATIONS: In the evcnt of an emergency, (e.g. hurricane) any vacant hangar is subject to aircraft temporary occupancy at thc discrction of the Executive Director provided such occupancy is to protect the aircraft from potential exposure to loss or damage because of the cmergency. 11. LEASE MANUAL: Tcnant shall he provided with the Authority's Lease Manual (if any), which the Authority may be amend from time to time. The terms of this manual shall he deemed to be incorporated by refcrence into this Agreement. and Tenant shall he bound by the terms of this Lease Manual, as of the I st day of the second month Tenant receives a copy of the Lease Manual or an amended Lcase Manual. With respect to any tcrms in this Lease Agrccmcnt which arc in conflict with the Lease Manual. the Lcase Manual shall control. ] 2. RULES AND REGULA nONS: Tcnant shall comply with the Authority's published Rules and Regulations for this illrport. which are on me at the address sct forth above. as such rcgulations may he amended from timc to timc by the Authority including such reasonable and unifonn landing fees, rates or charges_ as may frOln time to time be Icvied for airfield operational privileges and/or services providcd at the Airport.. Tenant shall also comply with any and all applicable govemmental statutcs, rules, orders and regulations. Tcnant shall not allow any signs, cards or placards to be posted or placed on the Prcmises without prior mitten appnmll of the Authority. 13. ASS1GNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assi!,,'l1 this Lease, and may not sublel thc Prcmises, or any part there()f without advance written approval from the Authority, which approval shall be in the Airport Dircctor's sole discretion. 14. DISCHARGE OF LIENS: In the cvent of thc filing of any mechanic's lien or materialman's licn or liens, or any other charge whatsoever against the Premises or any improvement thereof during the tenn of the lease, (or any extension thereof), Tenant immediately shall take all necessary steps to secure the release of same. In the event Tenant fails to take reasonable steps to secure the release of any such liens or charges, the Authority upon ten (10) days' prior \\Titten notice to Tcnant, shall have the right and privilege of taking the necessary steps, including paymcnt. to secure the release of any such lien or charge. al1d any amount so paid by the Auth01ity including reasonable expense and costs (including anomey's fees), shall be added to the remal due hereunder from Tenant to the Authority and shall be paid hy Tenant to the Authority immediately upon receipt by Tenant from the Authority of any itemized statement thereof. 15. INDEMNIFICATION: Tenant shall defend_ indemnify, and hold Authority and its officers, agents, servants, representatives and employees harmless hom and against any and all loss, damage, actions, lawsuits. claims. cost atld expense (including allOme)S' fees), as a result of any personal injury. death, property dan1age. penalty. fine or any other claim or suit of whatever nature. arising in any ,-yay fr0111 Tenant's occupancy and use of the Premises or the Airport. Any cmd all other personal propel1y o{,Tenant or his ofticcrs. clnployecs, servants. agents. guest<=; or business vlsitors shall he stored and othen\'ise used on the Airport at Tenant's soh.: risk ofdaIl1agi: ur loss. 16. INSURANCE REQUIREMENTS: Tenant shall secure atld maintain in !(}rce at its expense liability insurance coverage for its actiyities on the ai'lX1rt. occupation of the", Premises and on Temmt' s liability Page:; of6 Form E.trcUivl! 38 J 1 Packet Page -1614- 6/28/2011 Item 16.G.2. under the indemnities set forth in this lease manual and in the lease agreement. The insurance policy shall have covcrage limitations providing no less than $100,000.00 pcr person and $300.000.00 per incident and shall not be subject to cancellation or material change except after thirty (30) days prior wTittcn notice of such cancellation or material ehangc to the Authority. Tenant shall secure ,md dcliver to Authority appropriate insurancc certificales showing eyidcncc of the w\'cragc as required hcreunder. Said insurance policy or policies providing such coycrage. as wcll as the insurcrs providing same, shall be subjcct to the prior reyicw and approval of Authority. The said insurance policies shall contain a clause or endorscment by which the insurance carner(,) waives all rights of subrogalion against Authority. except where the Authority or its Agents are guilty of a specific acl or negligence. Insurance requirements are expressly suhject to change in the Authority's Lcase Manual. 17. SURRENDER-DAMAGES: Tenant. at the tennination of the lease, will immcdiately surrender, release and yield up the premises to the Authority peaceahly, quietly and in good order and condition, reasonahle wear and tear excepted. and failing so to do \\ill pay as rcntal to Authority for the entire time such possession is withheld, the sum of Tcn Dollars 1$10.(0) plus one thirtieth of the monthly rental in effect at the time of said ten11ination. per day or filr any such pcnalty or paymcnt as may bc provided in the Lcase, al the option of the Authority: provided that the pnlyisions of this clause shall not be dccmed a waiver by Authority of any right of re-entry as herein pro\'ided. nor shalllhe receipt of said rent. or any part thereof or any other act in apparent aClimtation of tenancy. by Authority. opcrate as waiver of any right or remedy a\'ailable to Authority hereunder for a brcach of any of the co\enants containcd in the lease agreement. ('pon the expiration or termination of the lease. Tenant shall remove its personal propeny and equipment from the premises. and I'enant shall he liable for and psy fix any damage caused to the premises or any other properlY of Authority as a rl'5ult or Tenant's occupation of the premises. TCI1;:.ml's rt?nlovu! or failure 10 rCT11()\'(' Tenant's propet1y. including hut not liIl1ited to any and all costs incurred by the Authority in removing and storing Tenant's propcT1y. 18. DEl'A liLT -TERf\lINATlO'\: il.. In the event ofdefsult hy Tenant in the payment of the rental obligation on the day the ssme becomes due or payable. whieh default cOlllinues fiJr ten (10) ds's. or in the event of any defsult by Tenant with respect to any other Co\enalll or obligstion of Tenant under the lease agreement. then in any or either of such events. Authority at its election. at or aner the C':\piration of ten (10) days! previous not1cc in writing of such default sent as prm ided belo\\ to Tenant. ma\ declare a !ilr!eiture and termination of the lease. and at that time all rent duc or to b,'coll1e due under the then existing lem] of the lease shall hecome immediately due and payahk. B. In addition. Autl1l'ril\ ma\ rc-elller said Premises. alkr expiration of eJfectivc notice. \\ith or without process of Jaw and. if' llcn:ssary. remO\"l' Tcmml or any !K.TS(IIlS occupying said Premises under Tenant. without prejudice to all:' remedies \\-hich might othCT\\'ise he <.l\'::'lilaDlc. Tenant \\ai\'cs any dcnland for possession of the Premises and any ~trllcture. prorcny or impnn'Cml:l1t then situated Lherenn. and upon termination at ;-;uch election of Authority. l"'.:n.111t I11ll.:..;t surrender ::'H1d ddi\'er the Prelnist.'s immediately,'. c. Authorit\, funher sh::'.dl have the rj~.dH to terminate the \case aL:.r~Cml~nt in the e\ent orthe (X~eurrence of an\' of th~ follo\\'inL': illsol\'l'llC\ ,;1' lellallL liquidation or di~solllli(ln <11' Tenant: the institution of a nI1U1~lary or in\'olunt~~ry b.1nknlptC) pn,xeeJing hy or .1gainst Tenant: assignment hy Tenant for the bCl1(.'tit of creditors: the appointment or ::'1 fccein.'r or tnlslcl' to Illanagc the propl.:"rty or Tenant or if Tenant fails to adhere to the pn\\'islnns ol'the agreement. Pa:;l'..t 01'6 Form ljiecr iFt.' ],\' i ! Packet Page -1615- 6/28/2011 Item 16.8.2. D. All the remedies referenced herein shall be in addition to and not in derogation of any remedies provided in the Lease or available at law or in equity. 19. 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 ca'iualty, Tenant, at its oplion, may terminate this Lease or, at its cost and expense, may elect in writing to Authority to repair or reconstruct said Premises or improvements. Such cleetion shall be made within thirty (30) days of the date of such destruction. Ifsuch election is made. rental payments shall continue unahated and uninterrupted. ~O. AIRPORT DEVELOPMENT: Ille Authority reserves the right 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 the Tenant, and without interference or hindrance. ~J. ATTORNEY FEES: Tenant shall pay the cost of collection and reasonable attorney's fees whenever the Authorily retains the service of an attorney to collect overdue rents or to enf{,rce any other term or condition set forth in this Lcase or Lease Manual. 22. AIRPORT OPERATIONS: Tenant shall prevent any use of the Premises which would interfere with or adversely affeet the operation or maintenance of the Airport. or othcrwise constitute an airport haz.ard, and will restrict the height of structures, objects of natural gro'W1h and other obstructions on the Premises to such height as comply with Federal Aviation Regulations. Part 77. 23. CONDEMNATION: I[ at any time during the tenn oflhe lease, title to the whole or substantially all of the premises shall be taken in condemnalion proceedings or by any right of eminent domain, the affected lease(s) shall ternlinate and expire on the date of such taking and the fixed rental and other charges payable hereunder shall be apP0l1ioned and paid to the date of such laking. 1"othing in this parah'Taph is intended to waive Tenant's constitutional rights to be compensatcd by any government person or organization which appropriates Tenant's private property. 24. REMEDIES CUMULATIVE-NO WAIVER: The rights and remedies granted to Authority under the lease agreement shall be deemed to be 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. 25. DOMINANT AGREEMENTS: This Lease Agreement is subordinate and subject to all eXlstmg agreements belween the Authority and the Federal Aviation Administration, the Authority and the Stale of Florida, and the Authority and Collier COWlty. During the time of war or national emergency, the Authority shall have the right to lease the landing area or any part thereof to the United States Govemment for military or naval or similar use. and. if such lease is executed, the provisions of this Lease Agreement insofar as they arc inconsistent with the provisions of the lease to the Govemment, shall be suspended. Any executed aL'reement shall be subordinate to the provisions of any existing or future /\greement bet;wen Authori~y and the United States, relative 10 the llperation or maintenancc of the Airport, the execution of which has been or may be required as a cllndition precedent to the expenditure of Federal funds !{)r the development of the Aiqxll1. Pngc 5 01'6 Form t;free! ire 3 8- II Packet Page -1616- 6/28/2011 Item 16.G.2. IN WJTNESS WHEREOF. the parties hereto. by their duly authorized representatives, have executed this Lease Agreement on the date first above written. AS TO TENANT: Peuuv L. Villard (Print name of TENANT) I) .7 /./;/ . By: l"'t;::;...;..('j~(j./~,-rL. )/1 Title: President .________ (11' corporation. LLC. partnership. etc.) AS TO AUTHORITY: COL;;;;5:;:~rrY 711THORITY By:fl.~!? ~~ . _ '-1Zobe Tweed'. Airport. co /'-'/,.~, //:,.. B). Wt.l(...)(,." ./.)1 i..__~ CHRIS CURRY. Execu:~\rDirector ./ Page (1 of6 Form L/tcCli\'l' 38 ! ! Packet Page -1617- 6/28/2011 Item 16.G.2. $>~~~1l11lPO"'",,,, ! 1 .. TIE DOWN AGREEMENT COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE. SUITE 1 NAPLES. FLORIDA 34 114 (239) 642-7878 THIS LICENSE AGREEMENT is made and enlered this ___._ day of ,2011, by and between the Collier County Airport Authority (hereinafter referred to as "Authority"). and: Namc: Marco Aviation. Inc. Type of Entity: (circle onc): InOlvidll:ll Q';;morati(;:;u,nseI1 State of Incorporation): F 'c ,. I cI ''- Limited Liability Company (inscrt Stale where formed): ___~____.._______ Pal1ncrship (inscrt Statc wherc rcgistcrcd): ____ Othcr (descrihe): Phone Numher: 239-394-0010 Addrcss: 2005 Mainsail Drivc. Suitc 3. Naplcs. Florida 34114 (Hereinafter referred to as "Licensee") 1. PREMISES AND TER\1: The Authority herchy licenses thrce (31 aircraft parking spaces at the Marco Island Executive Airport. The speci tk location of parking space is subject to dctermination by the Airport Manager or designce and may be changcd from timc-to-time by the Airport Managcr or designee without any permission or approval from Licensee. This bare license with no interest attached hcgins on for nincty (90) days. and will continuc on a month to month hasis until at least 30 days' advance writtcn noticc to tenl1inate is given by one party to the othcr. The Authority may terminatc this agreemcnt t(lr cause. as defined below. on 3 days written notice to licensee. 2. AUTHORIZED AIRCRAFT: Thc Prcmiscs shalll1l11y he used for the parking and storagc of the Licensee's following descrihed aircrati: Aircraft I.D.: ~ Ii ./ Aircratt Color: __~'~~" S!~ /.. ,-' c Aircraft Make: t:::' .-:. ~\11 V K Aircrati Model: _3.111.&...___ Aircratt I.D.: /-17'1.,7;::- r? Aircraft Color: _~7':'~ ./ );::j..-,~_ _ Aircraft Make: Uj'1 .1'1 ;:., f-.!..'________ !\ircraft Model:___O...iL.________ Aircraft 1.0.: IY S'i~')-cL___ Aircraft Color: Ie : h iT c' / 13 ~ L;;_ Aircraft i\1ake: ~ =- ~::, f ..::.,.. _________"'-L'~__ __ ___ Aircrafi I'v1odel: _..J_'7')__....__~ 3. [EE: Licensee shall pay an initial parking fcc of $0.00 monthly. plus applicahle Florida sales tax in advance on thc first day of each month without dcmand. This fec may bC increascd during the term of this license suhject to the Authority glving Licensee at least 60 day" s advance notice of the increase. Any failure to pay the ke in full and in advance shall rcquirc payment of a late fce cqual to thirty dollars ($30.00) and all) failurc to pay in full and un timc shall be cause for tcnnination for causc of this agreclnenL In addltion to a late charge. in the event Licensee fails to pay the rentals. fees or charges Pagr I of 5 Form E./!cc! ivc 6i::!i-"/ / Packet Page -1618- 6/28/2011 Item 16.G.2. as required to 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 (1.50,,,) per month shall accrue on the delinquent payment( s) until the same are paid. 4. IvlAINTE1\iANCE: Licensee accepts the premises "as is." Licensee IS responsible for all other damage to the premises eaused "y Lieensee's LIse of the premises. 5. !.lABILITIES: Licensee hereby waives all future elaims against the Authority, its employees, agents and/or representatives for any and all liability for damage to the aircraft. Any aet or use of the premises by l.icensee not expressly authorized by this agreement. including storage of any flammable liquid or gel in the aircraft, and/or storage of other than aircral1 fuel and oil in the aireratl's tanks is unauthorized use. Hazardous materials are strictly prohibited. The Authority shall have no obligation 10 take any measures to protect the aircraft from weather, including wind. The Authority shall have no obligation to noti!\- the Permittee of any approach of inclement weather. including any hurricane. 6. 1 'SE OF PREMISES: The premises shall be used only IClr 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 /\irport ivlar13gcr. 7. TERMINATION FOR c.\l'SI:: Notwithstanding the notice prO\ision of paragraph 1 above, the Authority may terminate this agreement flJr cause by giving I ~icenscc not less than three (3) days' advance written notice to \acare. Any breach of this agreement by l.icensee is cause jc)r such termination. If Licensee does not remove its aircraft and all other propeny brought onto the premises hy or on behalf of I.icensee, the Authority may summarily rcm(l\'e all such property without any liahility. 8. S.L(]J~ITY AND K I;;Y 5.: I.icensee agrees to cooperate with the Authority in e\cry respeeL including security regulations. The Authority shall not bc responsible for theft. \'andalisll1, pilferage, or other dam3ge or loss to an) property except that which result through negligcncl.: ufihe Authority. The Authority's liahilit\' is subieet to the limits of Section iIlS.:'S. Fla. Stat.. Florida's SLl\ereign Immunity l.aw. 9. I,L\Sr: MANl iAL: Licensee shall he pro\'ided with thc Auth,'rity's I.ease rVlanual (if any), which the Authority may amcnd from time to timc. The terms of this manual shall be deemed to "e incorponl1ed by ret,-,rence into this Agreement. and Licensee shall be bound hy the terms of this Lease \'lanual. as of the 1" day of the sccond month l.ieen>c'e recti\ cs a copy of the I_case '\'lanual or an amended Lease \1anuaJ. \\'ilh respecl to an) terms in ~his agreement. \\ \1i<.:h are in conniet with the Lease 1\13nu,lI. the Lease Manual shall COll\rol. 10. RUI.FSJ\.':i[)_RE(~LL'\IJ()'\_S.: Licensee shall cOlllply with the Authority's published Rules and Regulations ror this airpot1. \\hieh ~_m: on file at the address set !()loth ahcwc, as such regulations may be wl1cnded fi'oll1 time to timc h) the .-\llthorily including such reasonable and unif<11111 landing fees. rates or charges. ~!S 111;1: ii'om time to lime: he k'yicd J()]' ~lirficld opLTatinnal privikgc-s and/or servic\.:'s prc)\ ided at the Ai'l)()rt.. Licensee shall also comply wnh an\ and all applicable gowll1l11cntal statutes, rules. orders and rl'guJutidns. Llccnscc shall nut allc)\\- <:lilY slgns. c;1rds or placards 111 l1c posted or placed on the Premises \vithoUl prior \\Tittcn appnwul of the ;\uthority. P;Jge': 01'-" FU/'I1i LrhT!i1l f) _'S i i Packet Page -1619- _.__._~'~---~-~..- 6/28/2011 Item 16.G.2. 11. ASSIGNMENT: This agreement is personal to Licensee. Licensee shall not assign this agreement, and mav not sublct the Premises. or any part thereof without advance written approval from the Authority, which ~pproval shall be in the Airport Director's sole discretion. 12. DISCHARGE OF LIENS: 1n the event of thc filing of any mcchanic's licn or materialman's licn or liens, or any othcr charge whatsoevcr against the Premises or any improvement thercof during the tenn of thc agreemcnt, (or any extension thcreof), Licensee immediately shall take all necessary steps to secure the release of same. In the even! Licensee fails to take reasonable stcps 10 secure the release of any such liens or charges, the Authority upon ten (10) days' prior written notice to Licensee, shall have the right and privilege of taking the necessary steps, including payment. to secure the release of any such licn or charge, and any amount so paid by the Authority including reasonable expense and costs (including attorney's fees), shall be addcd to the rental due hereunder t[om Licensee to the Authority and shall be paid by Liccnsee to the Authority immediately upon reccipt by Licensee from the /\uthority of any itemized statement thereof. 13. INDEMNIFICA TIOl\l: Licensee shall defend. indcmnity. and hold Authority and its of11cers. agcnts, servants, representatives and employccs ham1lcss from and against any and all loss, damage, actions, lawsuits, claims, cost and expense (including attorneys' fees). as a result of any personal injury, death, property damage. penalty, tinc or any other claim or suit of whatcver nalure, arising in any way from Liccnsee's occupancy and use of the Premises or thc Airport. Any and all other personal property of Licensee or his officers. employees, servants. agents. guests or business visitors shall he stored and othcrwise used on the Airport at Licensee's sole risk of darnagc or loss. 14. SURRENDER-DAMAGES: At the tcnnination of the agrcement. Licensee will immediately surrender, release and yield up the premises to the Authority peaceably, quietly and in good ordcr and condition. reasonable wear and tear are expectcd. I f 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 the monthly rental in effect at the timc of said Iem1ination, pcr day or for any such pcnalty or paYl11Cnl as may be provided in the agreemcnt. at the option of the Authority: provided that the provisions of this clause shall not be deemed a waiver by Authority of any right of re-entry as hcrcin provided, nor shall the receipt of said rent. or any part thereo[ or 'my other act in apparcnt af1im1mion of tenancy. by Authority. operate as waiver of any right or remedy available to AuthOlity hereunder for a breach of any of the covenants contained in the agreement. Upon the expiration or tcnnination of the agreement. Licensee shall rcmove its personal properly and equipment Irom the premises. Licensce shall be liable f(lr and pay for any dmnage caused to the prc111ises or any other propeny of Authority hecause of Licensec"s occupation of the premises. Licensees removal or failure to rcmovc Licensee's property. including but not limited to an> and all costs incurred by the Authority in removing and storing Licensce's property. 15. DEFAUI T-TERMINATION: A. In the event of default by Licensee in the payment "I' the rental obligation on the day the same becomes duc or payable. which default continucs for tcn (10) days. or in the event of any default by Licensee with respect to an:-' other covenant or obligation of Licensee under the agrcenlcnt. then in any or either of such events. Authority at its election. 3t or after the expiration of ten (101 days' previous notice in "Titing or such deli.llllt scnt as provided below to Licensee. may dcclare a f()rrciture and termination of thc agreement. All rent due or to become due under the thcn existing tem1 of the agreement shall becomc immediately due and payable at that time. Pilge :. of 5 Form ft7(>c1i\'c (j/:!,,' I] Packet Page -1620- 6/28/2011 Item 16.G.2. B. Authoritv further shall have the right to terminate the agreement in the e\'cnt of the oecunencc of anv of the f~lIowini.(: insolvenev of I icensce. liquidation or dissolution of Licensec~ the institution of a . - . voluntary or in\'()luntary hankruptcy proceeding hy or against Liccnsee; assignment hy Licensee for the hendit of creditors; the appointment of a recei\er ur trustee to manage the propeny of Licensee or if Licensee J'ctils to adhere to the provisions of the :\greemenl. C. All the remedies referenced herein shall he in addition to and not in derogation of any remedies provided in the Agreement or a\'ailahle atlll\\ or in equity. ] 6. DESTR\ iCTION OF PREMISES: In the event that the Premises or the improvements located thereon shall be destroyed in whole or in part hy fire. or other casualty. Licensee. at its option. may tern1inate this Agreement or. at its cost and expense. may elect in wTiting to Authority to repair or reconslruet said Premises or improvements. Such election shall he made within thirty (30) days of the date of such destruction. if such election is made. rental payments shall continue unahated and unintelrupted. 17. AIRPORT DEVELOPMENT: The Authority reserves the right to 1lmher develop or improve the landing and other areas of the Airport as it sees IiI. regardlcss of the convenience. desires or view of the Licensee. and without interference or hindrance. ] 8. ATTORNEY .LEES: Licensee shall pay the cost clf collection and reasonable attorney's fees wncncycr the Authority retains the s~ryicc of an lltlC1l11CY 10 collect overdue rents or 10 enforce any other term or condition set !l1l1h illlhis Agreement or Lease Manual. 19. AIRPORT OPERATIONS: Licensee shall prevent any use of the Premises which would interferc with or adversely atTeet the operation Of maintcnanee of the Airport. or otherwise eonstilute an airport hazard. and will resttiet the height of structures. objects 01' natural groW1h and other obstructions on the Premises to such height as eumply with Fc'deral .\ yiatipn Regulations. Part 77. ~(). CO'\D!'.I\1N('JI<')'\;: If. at an) time during the lerm ('1' the agrcement. title to the whole or substantially all of the premises shall he taken in condemnation proceedings or by any right of eminent Jomain. the afleeled agreement(s I shall tet111inate and expire on the date of such taking. The fixed rental and olher charges payable hereunder shall he apportioned and paid to the date of sueh taking. Nothing in this paragraph is intended to wai\(' Licensee.s constitutional rights to be compensated by any gov~mmcnL person or org3.niZali(lJ1_ \\'hich arprnprimcs Licensee. s pri\'ate property. ~ I. R~ \ tlJ)II-,S Cl 'WI \ I ] \ I -"Jl) \\ .\1\ I R. 11w l1glns ,l!)J remedies granted to .'\uthority unJef the agreCl11l.'nl shall he deC1l1ed cumuJali\'e and llOl1-C'\C]usi, c. The failure by Auth(lrity at any tirne to USSC11 any such right l)f rcrnedy shall no! lic Llr.-.'cml~d 1\1 he a \\ai, (T. and shall not precluJL' the assertion or such right Uf remedy at a latcr date. ~~, [)()MINA'\T .\CiREEMENTS: This agreement is suhordinate and subjeetto all existing agreements hetween the Authority anJ the Federal Ayiation .'\dministrati(",. the Alllhorily and the State of Florida. and the Authority and Collier County-. During the time nf \n1r or national cmcrgcnc~. the Authority shall have the right to lease the landing area or any part thl,Teof to the- Lnitl'd Statc:-; (J\l\CrnlllC'll1 fllr ITliiit<.:lry. naval. or similar llse. If such lease is c:\cOItcd. the prp\-i~i(\ns or this agn.:.'cIl)cnl ins(\j~lr as they are inconsistent \vith the pn,\"isioI1S of the kasl' to the (Jo\-cnunent. shall he ;-O;USIKIKkd. Any cxecuted agreell1cnt shall he suborJina1e to the provision;.; (Ii' any cxislin~_ or future ,\gl\.'"Clll'-'llt hd\\\:en Authority ;..l11d th,-, United Stales. relative to the operation or maintenance of the Airp()rt. ihe excclIlil)J) l\!" which has been or nwy be required as a conditiil]) precedent to the expc'nditun: or Federal funds for the dcyc10pment o1"th(' Airpon. Ptl~~e -1 of ~ Fo/'m l}it>c!1 It' () _~ \' / / Packet Page -1621- ___.._.__...__~_____'m."'_ --.-.---..-.--...-.....--.....- ..- 6/28/2011 Item 16.G.2. IN WITNESS WHEREOF. the parties hereto, by their duly authorized representatives. have executed this Agreement on the date first above written. AS TO LICENSEE: Pe~~v L. Villard (Print name of LICENSEE) By: -rffj-r?(. !~Lt:uvl Title: President (If corporation, LLC. partnership. etc.) AS TO AllTHORITY: /'/ coz A~/AUTHORITV By: ,"~>>/7 ./Robert Tweedie. Airport Manager Page 5 ofS Form EfFective 6']8.-11 Packet Page -1622-