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Agenda 09/13/2011 Item #16G1110�; �1 9/13/2011 Item 16.G.1. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopt and authorize the Authority's Zxecutive Director to execute and promulgate the attached Leasing ' Manual for Aircraft Storage Space at the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. j OBJECTIVE: To adopt a leasing manual for aircraft storage space at the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. CUNSIDERATIONS:. Ordinance 2010 -10, Section Ten (D) indicates that the Airport Authority's Executive Director is responsible for the administration, management and operation of the airports and airport facilities. The Collier County Board of County Commissioners, acting as the Airport Authority, approved and authorized the Authority's Executive to execute a standard form T- hangar Agreement on March 8, 2011, Agenda Item 16(G)3, and a standard form Aircraft Tie -down Agreement on June 28, 2011, Agenda Item 16(G) I. These standard forms indicate that the Tenant or Licensee shall be provided with the Authority's Lease Manual (if any), and that the terms of this manual will be incorporated into the respective agreements. The- attached lease manual establishes, and notifies interested parties and the public, of certain standard lease provisions, rates, and terms applicable to tenants leasing property on the Collier County Airports. The manual has been reviewed by the County Attorney's office. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. LEGAL CQNSIDER,ATIONS: This item has been reviewed by the County Attorney's Office, requires majority vote and is legally sufficient for Board action. -- CMG ROMM IMPACT: There is no growth impact associated with this Executive Summary. ADVISORY BOARD RECOMMENDATION: At the August 1, 2011 meeting, the Airport Advisory Board voted unanimously to recommend that the BCC, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute and promulgate the attached lease manual. RECOMMEND&DON: That the Board of County Commissioners, acting as the Airport Authority, approves and authorizes the Authority's Executive Director to execute the attached Leasing Manual for Aircraft Storage Space at the County Airport. Prepared by Chris Curry, Executive Director, Collier County Airport Authority. Packet Page - 3054 - 9/13/2011 Item 16.G.1. n COLLIER,COUNTY Board of County Commissioners Item Number: Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopt and authorize the Authority's Executive Director to execute and promulgate the attached teasing Manual for Aircraft Storage Space at the Marco island Executive Airport, Immokalee Regional Airport, and Everglades Airpark. Meeting Date: 9/13/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 8/18/20112:31:23 PM Submitted by , Title: Executive Director. Airport Authority,Airport Authority Name: CurryChris 8/18/2011 2:.31:24 PM Approved By Name: CurryChris Title: Executive Director - Airport Authority,Airport Authority Date: 8/19/2011 10:21 :28 AM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 8/22/2011 11:44-09 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 8/23/201110:26:31 AM Packet Page -3055- 9/13/2011 Item 16.G.1. Name: OchsLe0 Title: County Manager Date: 9/2/2011 12:02:34 PM Packet Page -3056- 9/13/2011 Item 16.G.1. LEASING MANUAL FOR AIRCRAFT STORAGE SPACE STANDARD LEASE RATE AND LEASE TERMS This manual is adopted to establish as well as notify interested parties and the public of certain standard lease provisions, lease rates and terms, applicable to tenants leasing property on the Marco island Executive Airport, Immokalee Regional Airport and Everglades City Airpark, (hereinafter referred to as the "Airports") . These provisions apply to and govern any and all T-HANGAR and TIE-DOWN leases, which leases incorporate this Lease Manual, as it may be amended from time-to- time, as governing the terms and provisions of any such lease the same as if set forth in full therein. These terms and provisions govern the lease of a T-HANGAR and TIE- DOWN space (hereinafter the "Premises") by the Collier County Airport Authority (hereinafter "Authority") to Hangar or Tie-down tenants (hereinafter "LESSEE"): 1. USE OF PREMISES A. Nothing contained in any lease agreement shall be construed as granting or authorizing the granting of an exclusive right to any LESSEE within the meaning of Section 308 of the Federal Aviation Act. Further, nothing herein shall be construed per se to allow LESSEE to conduct any aeronautical activities, commercial or otherwise, other than those specified in the present lease or any agreement hereinafter entered into between AUTHORITY and LESSEE. /11� Packet Page -3057- Page 1 of 17 9/13/2011 Item 16.G.1. I B. LESSEE will not be permitted to use, nor permit the Premises to be used, for any unlawful purpose, or for any purpose that would unreasonably cause an increase in the rate of insurance on said Premises, nor for any purpose which would disturb nearby properties or other lessees of the Airports. Upon expiration of the term herein provided, LESSEE hereby waives any demand for possession of the Premises and any structure or improvement then situated thereon. C. LESSEE, in exercising any rights or privileges granted to it, shall not, on the grounds of race, color, creed, or national origin, discriminate against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the United States Secretary of Transportation. AUTHORITY is hereby granted the right to take such action, anything to the contrary herein notwithstanding, as the United States may direct to enforce this non - discrimination covenant. 2. SECURITY ACCESS LESSEE shall be responsible for all damages or injury to persons or property which may occur directly or indirectly as a result of the operation of any vehicle which may obtain access to the airport as a result of the use of a SECURITY ACCESS CODE, and shall indemnify and hold harmless the Authority for all such damage or injuries. As a SECURITY ACCESS CODE recipient, LESSEE is further responsible, both for him or herself and any other person LESSEE may invite or bring onto the airport, for complying with all the rules and regulations of the Collier Page 2 of 17 Packet Page -3058- 9/13/2011 Item 16.G.1. ?O�N County Airport Authority and has examined a copy of said rules and regulations which have also been read and understood in their entirety. Failure of LESSEE to comply with any rules, regulations, or directive of this Authority, its agents or personnel will result in a minimum $100.00 fine, suspension, and /or revocation of LESSEES SECURITY ACCESS CODE and, at Authority's sole election, may result in termination of this Lease. 3. RATES, FEES AND CHARGES A. LESSEE shall pay for the Premises the rate of rent set forth in the uniform schedule of rates and charges in effect on the Airports, published by the Authority and on file in the offices of the Authority. Said payment is to be made in equal monthly installments, plus 1101\ applicable tax, all in advance on the first day of every calendar month during the term hereof. Upon execution of a Lease, LESSEE shall pay the first month's rent. Such rental rates may be revised by the Authority on an annual basis, or at such other intervals as the Authority elects, in accordance with a uniform and consistent rate adjustment program. B. In the event LESSEE fails to pay the rentals, fees or charges as required to be paid under the provisions of the lease agreement in advance of the lst day of the month, a late fee equal to thirty dollars ($30.00) will be charged. In the event LESSEE 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, a late charge and interest at one and one half percent (1.50) per month shall accrue on the delinquent payment(s) until the same are paid. Page 3 of 17 Packet Page -3059- 9/13/2011 Item 16.G.1. Implementation of this provision shall not preclude the Authority from terminating the lease agreement for default in the payment of rentals, fees or charges, or from enforcing any other provisions of the lease, or from electing any other remedies at law or in equity. 4. OPERATIONS In the use of the Premises pursuant to the lease agreement, LESSEE shall conduct its operations in an orderly and proper manner so as not to interfere with the rights and privileges of others at the Airport and shall be responsible for the conduct, demeanor and appearance of its employees, agents, guests and invitees and of those persons doing business with LESSEE. Upon receipt of complaints about the conduct of such persons, LESSEE shall immediately address such complaints to ensure that neither LESSEE nor its employees, agents, guests, invitees and customers cease and desist from any conduct which violates the Lease, the Manual, the Rules and RegulZLtiCIIS, Jr interferes ivlith the rights Of the Airport or its tenants. S. FLh1qf0jz_DLE MATERIALS There shall not be allowed, kept or used on the Premises, any inflammable or explosive liquids or materials except such as may be necessary for use in the operation of LESSEE'S aircraft, in which event any such substances shall be delivered in amounts, and stored and used only as approved by AUTHORITY and in accordance with the rules of the Florida Inspection and Rating Bureau and all other applicable federal, Page 4 of 17 Packet Page -3060- 9/13/2011 Item 16.G.1. �1 state and local statutes, ordinances, rules and regulations in force during the term of the Lease. 6. SERVICE, UTILITIES, TAXES A. The cost of water, sewer or electrical utility services to the !i Premises shall be paid by the Authority. Should LESSEE'S operations require additional utility service facilities, LESSEE may, at its sole expense,and only if approved by the Authority, extend such facilities to the Premises and shall pay the cost of said additional services. Authority's obligation under this provision shall be limited to the water, sewer and electrical utility facilities presently existing and constructed on the date of the Lease, and nothing herein shall obligate Authority to provide any additional utility to LESSEE or to obligate Authority to permit LESSEE to contract for such additional utilities. B. If at any time during which this Le the Premises, leasehold interest, or rental any federal, state or local property, sales, shall pay such taxes; provided, however, circumstances be obligated to pay any taxes Authority. 7. CONDITION OF PREMISES ease Agreement is in effect, payments become subject to excise or other tax, LESSEE that LESSEE shall in no based on the net income of A. LESSEE has examined and knows the condition of the Premises, has received the same "as is," and has acknowledged that no Page 5 of 17 Packet Page -3061- 9/13/2011 Item 16.G.1. representations as to the condition thereof have been made by Authority prior to or at the execution of this Lease. LESSEE will be responsible for any contamination on the leased property occurring during Lessee's tenancy and due to the acts or .omissions of Lessee, its employees, successors or assigns in violation of State, Federal, or local law, and will decontaminate the property at its own expense if a violation of Federal, State or local law is charged. LESSEE shall either decontaminate or provide to the Authority satisfactory evidence that said property is not contaminated. B. Authority shall not be liable for any damages or loss suffered by LESSEE, or for injuries to persons or property occasioned by bursting, overflowing, or leaking of water, sewer pipes, or from heating, air conditioning or plumbing fixtures, or from electric wires, fire or from water leaks of any kind during LESSEE'S tenancy, regardless of the source. 8. ALTERATIONS, ADDITIONS AND IMPROVEMENTS LESSEE shall not make any alterations, additions or improvements, or engage in any construction on the Premises, without the prior written consent of Authority. LESSEE shall not remove or damage any alterations, additions and improvements made to the Premises during the term of the lease agreement which shall remain on said Premises upon the expiration of the term hereof. 9. REPAIR AND MAINTENANCE OF PREMISES Page. 6 of 17 Packet Page -3062- 9/13/2011 Item 16.G.1. A. LESSEE shall keep and maintain the Premises in good order and repair throughout the term of the Lease, and shall make all necessary repairs thereto, including, without limitation, all non - structural repairs, including, without limitation repairs to fixtures, facilities and equipment, and further shall replace all broken glass with glass of the same size and quality as that broken. In the event LESSEE fails to undertake the repairs required hereunder, Authority, in addition to the other remedies provided herein, shall have the right to make such repairs, at LESSEE'S cost and expense. B. LESSEE shall keep the Premises and improvements in a clean and healthful condition according to all applicable governmental statutes, rules, ordinances and regulations, Authority's rules and regulations, and in accordance with any direction of duly authorized public officers during the term of the Lease, all at LESSEE'S sole cost and expense. Upon the termination of the Lease or any renewals thereof, LESSEE shall deliver the keys to said Premises to Authority at its offices described above. 10. RULES AND REGULATIONS LESSEE shall comply with (i) Authority's Rules and Regulations for the Airports, on file in the offices of the Executive Director of the Collier County Airport Authority, Airport Manager, and made a part hereof, as such regulations may be amended from time -to -time by Authority including such reasonable and uniform landing fees, rates or charges, as may from time -to -time be levied for airfield operational Packet Page -3063- Page 7 of 17 9/13/2011 Item 16.G.1. privileges and /or services provided at the Airports in accordance with the Collier County Airport Authority ordinance (Enabling Ordinance), in its sole discretion, or in accord with the directives of the Executive Director as he or she may be authorized, and (ii) Authority's Leasing Standards and Requirements for the Airports, also on file in the offices of the Executive Director of the Airport, Airport Manager and made a part hereof, as said Standards and Requirements may be amended from time to time by Authority in its sole discretion. LESSEE shall also comply with any and all applicable governmental statutes, rules, orders and regulations. LESSEE shall not allow any signs, cards or placards to be posted or placed on the Premises without prior written approval of the Authority. 12. ASSIGNMENT LESSEE shall not assign the Lease, and may not sublet the Premises, or any part thereof without advance written approval from the Authority on the Authority's Sublet approval forms, nor permit the Premises, or any part thereof, to be used for any other purpose than as stipulated in the lease agreement, nor allow or permit any other person, firm or corporation to use said space or store or keep any personal property thereon. 13. 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 Page 8 of 17 Packet Page -3064- I 9/13/2011 Item 16.G.1. e#�*N any improvement thereof during the term of the Lease, (or any extension thereof) , LESSEE immediately shall take all necessary steps to secure ^. the release of same. In the event LESSEE fails to take reasonable steps to secure the release of any such liens or charges, Authority upon ten (10) days' prior written notice to LESSEE, shall have the right 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 Authority including reasonable expense and costs (including attorney's fees), shall be added to the rental due hereunder from LESSEE to Authority and shall be paid by LESSEE to Authority immediately upon receipt by LESSEE from Authority of any itemized statement thereof. 14. INDEMNIFICATION LESSEE shall defend, indemnify, and hold Authority and its officers, agents, servants, representatives and employees harmless 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, fine or any other claim or suit of whatever nature, arising in any way from LESSEE'S occupancy and use of the Premises or the Airport. Any and all other personal property of LESSEE or his officers, employees, servants, agents, guests or business visitors shall be stored and otherwise used on the Airport at LESSEE'S sole risk of damage or loss. 15. INSURANCE REQUIREMENTS Packet Page -3065- Page 9 of 17 9/13/2011 Item 16.G.1. LESSEE shall secure and maintain in force at its expense liability insurance coverage for its activities on the airport, occupation of the Premises and on LESSEE'S liability under the indemnities set forth in this lease manual and in the lease agreement. The insurance policy shall have coverage limitations providing no less than $100,000.00 per person and $300,000.00 per incident and shall not be subject to cancellation or material change except after thirty (30) days prior written notice of such cancellation or material change to the Authority. LESSEE shall secure and deliver to Authority appropriate insurance certificates showing evidence of the coverage as required hereunder. Said insurance policy or policies providing such coverage, as well as the insurers providing same, shall he subject to the prior review and approval of Authority. The said insurance policies shall contain a clause or endorsement by which the insurance carrier(s) waives all rights of subrogation against Authority, except where the Authority or its Agents are guilty of a specific act of negligence. If the Lease provides for different or additional insurance, or for higher limits, the provisions in the Lease shall prevail in the case of any conflict with this provision. 16. ACCESS TO PREMISES LESSEE shall allow Authority's Executive Director, Airport Manager, other duly authorized representative, or agents of Authority, access at all reasonable times to the Premises for the purpose of examining or inspecting same. Packet Page -3066- Page 10 of 17 ,,-IN 9/13/2011 Item 16.G.1. 17. SURRENDER- DAMAGES LESSEE, at the termination of the Lease, will immediately surrender, release and yield up the Premises to the Authority peaceably, quietly and in good order and condition, reasonable wear and tear excepted, and failing to do so 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 time of said termination, per day or for any such penalty or payment as may be provided in the Lease, 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 herein provided, nor shall the receipt of said rent, or any part thereof, or. any other act in apparent affirmation of tenancy, by Authority, operate as waiver of any right or remedy available to Authority hereunder for a breach of any of the covenants contained in the lease agreement. Upon the expiration or termination of the Lease, LESSEE shall remove its personal property and equipment from the Premises, and LESSEE shall be liable for and pay for any damage caused to the Premises or any other property of Authority as a result of LESSEE's occupation of the Premises, LESSEE'S removal or failure to remove LESSEE's property, including but not limited to any and all costs incurred by the Authority in removing and storing LESSEE's property. 18. DEFAULT- TERMINATION A. In the event of default by LESSEE in the payment of the Packet Page -3067- Page 11 of 17 9/13/2011 Item 16.G.1. rental obligation on the day the same becomes due or payable, which n default continues for ten (10) days, or in the event of any default by j LESSEE with respect to any other covenant or obligation of LESSEE under the lease agreement, then in any or either of such events, Authority at its election, at or after the expiration of ten (10) days, previous notice in writing of such default sent as provided below to LESSEE, may declare a forfeiture and termination of the Lease, and at that time all rent due or to become due under the then existing term of the Lease shall become immediately due and payable. B. In addition, Authority may re -enter said Premises, after expiration of effective notice, with or without process of law and, if necessary, remove LESSEE or any persons occupying said Premises under LESSEE, without prejudice to any remedies which might otherwise be available. LESSEE waives any demand for possession of the Premises and any structure, property or improvement then situated thereon, and upon termination at such election of Authority, LESSEE must surrender and deliver the Premises immediately. C. Authority further shall have the right to terminate the lease agreement in the event of the occurrence of any of the following: insolvency of LESSEE, liquidation or dissolution of LESSEE; the institution of a voluntary or involuntary bankruptcy proceeding by or against LESSEE; assignment by LESSEE for the benefit of creditors; the appointment of a receiver or trustee to manage the property of LESSEE or if LESSEE fails to adhere to the provisions of the agreement. Page 12 of 17 Packet Page -3068- /0-1 9/13/2011 Item 16.G.1. �- D. All the remedies referenced herein shall be in addition to and �N 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 casualty, LESSEE, at its option, may terminate the Lease 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 continue unabated and uninterrupted. 20. AIRPORT DEVELOPMENT Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees fit, regardless of the desires or view of the LESSEE, and without interference or hindrance. 21. ATTORNEY FEES LESSEE 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 the Lease or in this Manual. Packet Page -3069- Page 13 of 17 9/13/2011 Item 16.G.1. 22. FLIGHT OPERATIONS Authority at all times reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in said airspace, and for use of said airspace for landing on, taking off from or operating on the Airport. 23. AIRCRAFT HAZARDS Authority at all times reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent LESSEE from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Authority, would limit the usefulness of the Airport or constitute a hazard to aircraft. The parties agree and understand that a normal aircraft storage operation does not constitute an interference with navigation or communication facilities on the Airport. 24. AIRPORT OPERATIONS LESSEE 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. Page 14 of 17 Packet Page -3070- 9/13/2011 Item 16.G.1. i *—., 25. OBSTRUCTIONS LESSEE 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. 26. CONDEMNATION A. Authority will not cause or encourage the condemnation of the Airports or any portion thereof which are leased by Authority to one or more tenants. B. If, at any time during the term of the Lease, 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 e*-*N lease(s) shall terminate and expire on the date,of such taking and the fixed rental and other charges payable hereunder shall be apportioned and paid to the date of such taking. For purposes of this paragraph, "substantially all of the Premises" shall be deemed to have been taken if the untaken portion of Premises cannot be practically and economically used or converted for use by LESSEE for the purpose permitted by the Lease. C. Nothing in this paragraph is intended to waive LESSEE'S constitutional rights to be compensated by any government, person or organization which appropriates LESSEE'S private property. 27. REMEDIES CUMULATIVE-NO WAIVER Page 15 of 17 Packet Page -3071- 9/13/2011 Item 16.G.1. 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. 28. DOMINANT AGREEMENTS Every Lease agreement is subordinate and subject to all existing agreements between Authority and the Federal Aviation Administration, or between Authority and the State of Florida. During the time of war or national emergency, Authority shall have the right to Lease the landing area or any part thereof to the United States Government for military or naval or similar use, and, if such Lease is executed, the provisions of the lease agreement insofar as they are inconsistent 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 future 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. Page 16 of 17 Packet Page -3072- 9/13/2011 Item 16.G.1. THIS LFASE MANUAL, pages one through seventeen, is hereby E j adopted, promulgated and put into effect by direction and order of the Executive Director of the Collier County Airport Authority „. this day of 2011, at Naples, Florida. ATTESTED: COLLIER COUNTY AIRPORT AUTHORITY I Executive Director I j App ved as to farm & legs( sufficiency Colleen Greene, Assistant County Attorney i I I _ ' G i i