Backup Documents 04/23/2013 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL '
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO ! G 2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNA 1 '
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office 4 •! yl_yl\(
/A\23`\�
4. BCC Office Board of County G� v N
Commissioners A 44\2_Sk.
5. Minutes and Records Clerk of Court's Office 'Pm (25b
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PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Debbie Bruegge an,Admin,Airport Phone Number 642-7878 Ext. 34
Contact/ Department Authority
Agenda Date Item was April 23,2013 Agenda Item Number 16G2 I
Approved by the BCC /
Type of Document Concessionaire Agreement with Robert Number of Original 3 V
Attached Gretzke d/b/a Wings Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? \(t.(
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. vi■C
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable. \rN
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's OJ
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tj�llahassee within a certain
time frame or the BCC's actions are nullified. Be aware of ytir deadlines!
8. The document was approved by the BCC on 4/23/13 ������////// and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the .),
BCC,all changes directed by the BCC have been made,and the document is ready f the
Chairman's signature. ��
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise ..15;Revised 11/30/12
16G 2
MEMORANDUM
Date: April 26, 2013
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Concessionaire Agreement
Robert Gretzke, d/b/a Wings
Attached for your records, are two (2) originals of the document referenced above,
(Item #16G2) approved by the Board of County Commissioners on Tuesday,
April 23, 2013.
The Minutes and Record's Department has kept one original document as part of
the Board's Official Record's of the Board.
If you have any questions, please feel free to call me at 252-7240.
Thank you.
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ROBERT GRETZKE, D/B/A WINGS
CONCESSIONAIRE AGREEMENT
"Specialized Aviation Service Operations at Everglades Airpark"
THIS AGREEMENT made effective this 2.3 day of sk\ \
2013, between the Collier County Airport Authority Board (hereinafter called the "CCAA") and
Robert Gretzke, D/B/A Wings (hereinafter called "Wings").
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 Everglades Airpark, 650 EC Airpark Boulevard, Everglades
City, Florida 34139, 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 - Finished, air conditioned office space— 140 sq. ft.
One (1)Aircraft Tie-down space
T-Hangar—One (1) T-hangar storage space
Storage Space—One (1) 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 throughWings, shall be offered to the public at all
times that a reasonable demand for such services exist. Please see attached Exhibit "A"
specifically defining the Scope of Services.
d. Exhibits. Attached hereto and included as though fully incorporated herein are a Collier
County T-Hangar Agreement and Collier County Tie-Down Agreement.
2. NOTICES. All notices from the CCAA to the Concessionaire shall be deemed duly
served if mailed by registered or certified mail to the Concessionaire at the following
address:
Robert C. Gretzke d/b/a Wings
P.O. Box 244
Chokoloskee, FL 34138
All notices from the Concessionaire to the CCAA shall be deemed served if mailed by
registered mail to the CCAA at the following address:
(11)
1 �,
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Collier County Airport Authority
2005 Mainsail Drive, Suite 1
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 Wings. 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 Total Monthly Total Annual Rent
Rental Rate Basis Rent w/Tax w/Tax
140 sq.ft.of finished office space $12/sq.ft./yr. $148.40 $1,780.80
1 Aircraft storage T-hangar unit(1,188.45 sq.ft.) $2.41/sq.ft./yr $253 $3,036.00
1 Equipment storage T-hangar unit(559.6 sq.ft.) $3.79/sq.ft./yr $187.34 $2,248.13
**1 Single Engine aircraft tie down space(see 4.e.below) $60/month $63.60 $0.00($763.20 waived
w/fuel purchased)
Commercial Operating Fee(see 4.c.below) $200/year N/A $212.00
Total $7,276.93
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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
"CPI". 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 CPI'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
sales 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: Rent includes basic electrical utilities in the Facilities, HVAC, 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 2013 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 tenant
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 addition 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,
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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.
9. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove
from Everglades Airpark 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 1(a), 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 Everglades Airpark 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 payments. Cash register tapes must be maintained and made available to the CCAA
upon demand during the entire term of Agreement. All electronic cash control equipment and
accounting procedures shall be with the approval of the CCAA Finance Department.
11. 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.
13. 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.
14. 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.
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16G 2
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.
15. 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
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.
16. 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.
17. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the
terms and conditions hereof and such default 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 the purpose of exercising any rights so revoked.
18. 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.
19. TERMINATION. The Agreement may be terminated 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.
20. CAA CONTROLS OF EVERGLADES AIRPARK. Nothing in this Agreement will preclude
the CCAA from using the public areas of Everglades Airpark for public and/or civic purposes.
In the event of occurrences previously mentioned, the Concessionaire will be notified, as
deemed necessary by the CCAA or their designee.
21. VEHICLES: Vehicles shall be parked only in areas designated by the CCAA.
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22. VENUE. This Agreement shall be governed by and construed in accordance with the Law of
the State of Florida.
23. INDEMNIFICATION. To the maximum 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
conduct of the Concessionaire or anyone employed or utilized by the Concessionaire in the
performance of this Agreement. This 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.
This 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.
24. INSURANCE. Before commencing work of any kind (1) 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 Liability: Coverage shall have minimum limits of$1,000,000 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 Liability: Owned/Non-owned/Hired Automobile Included limits of$500,000
Each Occurrence.
Special Requirements: 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 expiration 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.
25. 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 1St day of the
second month that Concessionaire receives a copy of the Lease Manual or an amended
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Lease Manual. With respect to any terms in this Agreement, which are in conflict with the
Lease Manual,the Lease Manual shall control.
26. THIS AGREEMENT shall be administered on behalf of the Collier County Airport
Authority. As used herein, the acronym "CCAA" shall refer to the Airport Director or his
designee unless the context renders such construction illogical.
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.
AS TO CONCESSIONAIRE:
rr� / : ��BY L
Fir � Robert Gretzke, •wn erato
r Wings
Fg
Typed/print witness name
nnSecond Witness
!Co beet 1 weec:t e
Typed/print witness name
AS TO THE LICENSOR:
Attest: BOARD OF COUNTY C• MISSIONERS
DWIGHT E. BROCK, Clerk OF COprt, ER OUNTY, FLORIDA, serving as the
COL IE C• Y • , ' 'ORT AUTHORITY
• (1), /
BY AL! By A
' , epity le PP' •RGIA A. HILLER, ESQ.
Att 5t as to,Cha'nTay$ AIRWOMAN
SigngtIre
Approved as.,to,OM
and legal sufficiency.
Kevin Noell
Assistant County Attorney
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EXHIBIT "A"
SPECIALIZED AVIATION SERVICE OPERATONS (SASO) DESCRIPTION
Sub-lessor 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 as amended:
1. Aerial Sightseeing
2. On Demand Air Charter Taxi Operations (As Authorized under FAA Part 135)
3. Specialized Commercial Flying Services
4. Flight Instruction
5. Aircraft Rental
6. Aircraft Maintenance
7. The Sale of aviation and non-aviation products, excluding fuel and petroleum products.
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kook,0 T - HANGAR LEASE AGREEMENT
1 7'
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1
NAPLES,FLORIDA 34114
(239) 642-7878
THIS LEASE AGREEMENT is made and entered this day of ,20 ,
by and between the Collier County Airport Authority(hereinafter referred to as"Authority"), and:
Name:
Type of Entity: (circle one):
Individual
Corporation(insert State of Incorporation):
Limited Liability Company(insert State where formed):
Partnership (insert State where registered):
Other(describe):
Phone Number:
Address:
(hereinafter referred to as "Tenant")
1. PREMISES: The Authority hereby leases to Tenant T-hangar at the Airport.
2. AUTHORIZED AIRCRAFT: The Premises shall only be used for the parking and storage of the
Tenant's following described aircraft:
Aircraft I. D.:
Aircraft Color:
Aircraft Make:
Aircraft Model:
3. TERM: The term of this agreement will commence on the 1st day of , 20 , 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 Lease for cause, as defined below,
on 3 days written notice to Tenant.
4. RENT: In consideration of the rights granted herein, Tenant shall pay the Authority 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, together with all applicable taxes,
including state sales tax. This rate schedule is subject to adjustment by the Authority. Any change in
the rate schedule will become effective with respect to the Fee owed by this Lease as of the 1st day of
the second month following such change. Payment shall be due in advance on the first day of each
month without demand. 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
termination for cause of this Lease. In addition to a late charge, in the event Tenant fails to pay the
Page 1 of 6
Form Effective 3/8/11;Revised January 1-8-13
16G2
rentals, fees or charges as required to be paid under the provisions of the Lease Agreement within thirty
(30) days after the same shall become due, interest at one and one half percent (1.5%) per month shall
accrue on the delinquent payment(s)until the same are paid.
5. MAINTENANCE: Tenant accepts the premises "as is." Tenant 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 by Tenant's use of or presence at/in
the premises.
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, agents
and/or representatives for any and all liability for damage to the aircraft and any other property in or
around the hangar except for physical damage caused by movement of aircraft solely by the Authority's
employees, agents or representatives without any participation in such movement (or instructions to
move same) from Tenant or Tenant's agents, employees or any other person with apparent authority on
behalf of Tenant. Any act or use of the premises by Tenant not expressly authorized by this Lease
Agreement, including storage of any flammable liquid or gel in the hangar or 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.
7. USE OF PREMISES: The premises shall be used only for storage of airworthy aircraft only and
tools associated with aircraft repair that would not constitute a fire 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 aircrafts owner's vehicle may be parked in the hangar
while the aircraft is in transit. Within the T-Hangar, Tenant shall be permitted to perform only repairs
and/or maintenance specifically authorized under Federal Air Regulations, Part 43, Section 43.3,
Preventative Maintenance unless otherwise authorized by the Executive Director or their designee.
This maintenance may be performed by the owner/pilot of the aircraft or a licensed A&P mechanic that
leases T-Hangar space at the airport. If a T-Hangar Tenant desires to have a mechanic or technician
that does not lease space at the airport, the following policy will be adhered to. All commercial
mechanics, technicians, or other persons doing business for compensation that do not lease space at the
airport shall be required to register with the Authority, give proof of liability insurance and sign a
statement holding the Authority harmless, list qualifications, licenses, etc., and pay a vendors fee in the
amount of $25.00 per day. Whenever separate airport maintenance facilities are not available,
annual inspections will be approved by the Airport Manager with prior approval. All other use of
or storage within the premises is strictly prohibited unless authorized in writing by the Airport
Manager.
8. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 3 above, the
Authority may terminate this Lease Agreement for cause by giving Tenant not less than three (3) days'
advance written notice to vacate. Any breach of this agreement by Tenant is cause for such
termination. If Tenant does not remove its aircraft and all other property brought onto the premises by
or on behalf of Tenant,the Authority may summarily remove all such property without any liability.
9. ACCESS, SECURITY AND KEYS: Tenant expressly authorizes the Authority's Executive Director,
or other duly authorized representative or agents of Authority, access at all reasonable times to the
Premises. Tenant agrees to always cooperate with the Authority in every respect, including security
regulations. Security of the hangar and all property therein is the sole responsibility of the Tenant.
Page 2 of 6
Form Effective 3/8/11;Revised January 1-8-13
16G2
Tenant shall provide the Authority with a duplicate key to any lock or locking device that secures the
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 the
Authority is not re-locked through negligence of the Authority.
10. EMERGENCY SITUATIONS: In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided such
occupancy is to protect the aircraft from potential exposure to loss or damage because of the
emergency.
11. LEASE MANUAL: Tenant shall be 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 be deemed to be
incorporated by reference into this Agreement, and Tenant shall be bound by the terms of this Lease
Manual, as of the 1st day of the second month Tenant receives a copy of the Lease Manual or an
amended Lease Manual. With respect to any terms in this Lease Agreement which are in conflict with
the Lease Manual,the Lease Manual shall control.
12. RULES AND REGULATIONS: Tenant 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.. Tenant shall also comply with any and all applicable governmental statutes, rules, orders and
regulations. Tenant shall not allow any signs, cards or placards to be posted or placed on the Premises
without prior written approval of the Authority.
13. ASSIGNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assign this Lease, and
may not sublet the Premises, or any part thereof without advance written approval from the Authority,
which approval shall be in the Airport Director's sole discretion.
14. 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 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 written notice to Tenant, 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 the Authority including reasonable expense and costs (including attorney's fees), shall
be added to the rental due hereunder from Tenant to the Authority and shall be paid by 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 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
Tenant's occupancy and use of the Premises or the Airport. Any and all other personal property of Tenant
or his officers, employees, servants, agents, guests or business visitors shall be stored and otherwise used
on the Airport at Tenant's sole risk of damage or loss.
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16 (3 Z
16. INSURANCE REQUIREMENTS: Tenant shall secure and maintain in force at its expense liability
insurance coverage for its activities on the airport, occupation of the Premises and on Tenant'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. Ultra light vehicles operating under FAR Part 103
are not required to carry the insurance coverage limits listed above. Tenant 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 be
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. Insurance requirements are
expressly subject to change in the Authority's Lease Manual.
17. SURRENDER-DAMAGES: Tenant, 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 so to do 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, Tenant shall remove its personal
property and equipment from the premises, and Tenant shall be liable for and pay for any damage caused
to the premises or any other property of Authority as a result of Tenant's occupation of the premises,
Tenant's removal or failure to remove Tenant's property, including but not limited to any and all costs
incurred by the Authority in removing and storing Tenant's property.
18. DEFAULT-TERMINATION:
A. In the event of default by Tenant in the payment of the rental obligation on the day the same becomes
due or payable, which default continues for ten (10) days, or in the event of any default by Tenant with
respect to any other covenant or obligation of Tenant 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 Tenant,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 Tenant or any persons occupying said Premises under Tenant,
without prejudice to any remedies which might otherwise be available. Tenant 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,Tenant 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 Tenant, liquidation or dissolution of Tenant; the institution of a
Page 4 of 6
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16GI
voluntary or involuntary bankruptcy proceeding by or against Tenant; assignment by Tenant for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Tenant or if
Tenant fails to adhere to the provisions of the agreement.
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 casualty, Tenant, at its option, 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 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: The 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.
21. ATTORNEY FEES: Tenant 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 Lease or Lease Manual.
22. AIRPORT OPERATIONS: Tenant 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.
23. CONDEMNATION: 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 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. Nothing in this paragraph is
intended to waive Tenant's constitutional rights to be compensated 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 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, the
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 this 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
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Form Effective 3/8/11;Revised January 1-8-13
16G
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 Lease Agreement on the date first above written.
AS TO TENANT:
(Print name of TENANT)
By:
Title:
(If corporation, LLC,partnership, etc.)
AS TO AUTHORITY:
COLLIER COUNTY AIRPORT AUTHORITY
By:
,Airport Manager
By:
CHRIS CURRY,Executive Director
Page 6 of 6
Form Effective 3/8/11;Revised January 1-8-13
I
16 2 '
drA MRP%'O
S TIE DOWN AGREEMENT
I 471
v COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1
NAPLES, FLORIDA 34114
(239) 642-7878
THIS LICENSE AGREEMENT is made and entered this day of , 20 ,
by and between the Collier County Airport Authority(hereinafter referred to as "Authority"), and:
Name:
Type of Entity: (circle one):
Individual
Corporation(insert State of Incorporation):
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 the
Airport Manager or designee without any permission or approval from Licensee. This bare license
with no interest attached begins on for ninety (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 I. 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 term 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 termination 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 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 (1.5%) per month shall accrue on the delinquent
payment(s)until the same are paid.
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16G 2 i
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 weather, including wind. The Authority shall have no
obligation to notify the 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 1 above, the
Authority may terminate this agreement for cause by giving Licensee not less than three (3) days'
advance written notice to vacate. Any breach of this agreement by Licensee is cause for such
termination. If Licensee does not 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 except that which result through negligence of the Authority. 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 1st 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 governmental statutes, rules, orders
and regulations. Licensee shall not allow any signs, cards or placards to be posted or placed on the
Premises without prior written approval of the Authority.
11. ASSIGNMENT: This Agreement is personal to Licensee. Licensee shall not assign this Agreement,
and may not sublet the Premises, or any part thereof without advance written approval from the Authority,
which approval shall be in the Airport Director's sole discretion.
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16G2
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 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 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 Authority immediately upon receipt by Licensee from the Authority of any itemized
statement thereof.
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,
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
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 wear and tear 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 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 agreement, 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 agreement. Upon the expiration or termination of the agreement, Licensee
shall remove its personal property 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 costs incurred by the Authority in removing and storing Licensee's property.
15. DEFAULT-TERMINATION:
A. In the event of default by Licensee in the payment of the rental obligation on the day the same 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 expiration of ten (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 Agreement shall become
immediately due and payable at that time.
B. Authority further shall have the right to terminate the Agreement in the event of the occurrence of
any of the following: insolvency of Licensee, liquidation or dissolution of Licensee; the institution of a
voluntary or involuntary bankruptcy proceeding by or against Licensee; assignment by Licensee for the
Page 3 of 5
Form Effective 6-28-2011
16G 2 :4
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.
C. All the remedies referenced herein shall be in addition to and not in derogation of any remedies
provided in the Agreement 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 casualty, 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 continue unabated and uninterrupted.
17. AIRPORT DEVELOPMENT: The 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
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 CUMULATIVE-NO WAIVER: 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, the Authority shall have
the right to lease the landing area or any part thereof to the United States Government for military, naval,
or similar use. If such lease is executed, the provisions of this 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.
IN WITNESS WHEREOF, the parties hereto,by their duly authorized representatives, have
executed this Agreement on the date first above written.
Page 4 of 5
Form Effective 6-28-2011
16G 2
AS TO LICENSEE:
(Print name of LICENSEE)
By:
Title:
(If corporation, LLC,partnership, etc.)
AS TO AUTHORITY:
COLLIER COUNTY AIRPORT AUTHORITY
By:
, Airport Manager
By:
CHRIS CURRY, Executive Director
Page 5 of 5
Form Effective 6-28-2011