Backup Documents 06/11/2013 Item #14A3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 �}1 i A 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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 JAK �� 6/11/13
V
4. BCC Office Board of County ■yq cGa
Commissioners ,s/ ;
5. Minutes and Records Clerk of Court's Office TO.N 9 if (f3 (Z:39Qrt-)
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 Jeffrey A. Klatzkow,County Attorney Phone Number 252-8400
Contact/ Department /
Agenda Date Item was 6/11/13 ✓ Agenda Item Number 14-A-3 (1)(2
Approved by the BCC
Type of Document First Amendment to Fletcher License Number of Original One cA.��=a
Attached Agreement - Documents Attached
PO number or account n/a
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? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
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 JAK
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
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 JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
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 Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6/11/13 and all changes made during the JAK
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 JAK L2 a
BCC,all changes directed by the BCC have been made, and the document is ready f• the t/� l �.�F
Chairman's signature. h r.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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MEMORANDUM
Date: July 2, 2013
To: Jeffrey Klatzkow, County Attorney
County Attorney's Office
From: Ann Jennejohn, Deputy Clerk
Board Minutes & Records Department
Re: First Amendments to the December 18, 2007 License Agreement
and the May 16, 2006 Commercial Aeronautical Operations
License Agreement with Fletcher Flying Services, Inc.
Attached for your records are copies of the agreement(s) amendments referenced above,
(Item #14A3) approved by the Board of County Commissioners on June 11, 2013.
Copies of both amendment documents have also been emailed to Airport Authority
Executive Director Mr. Chris Curry and to Debra Brueggeman with the Authority.
The Minutes and Record's Department has held the original documents for the Board's
Official Records.
If you need anything further regarding this item please feel free to contact me at
252-8406.
Thank you.
Attachments (2)
14 A3
Ann P. Jennejohn
From: BrueggemanDebra < DebraBrueggeman @colliergov.net>
Sent: Tuesday, July 02, 2013 3:57 PM
To: Ann P. Jennejohn
Subject: RE: 6 -11 -13 Item #14A3 (Fletcher Amendments)
The address we have, that we send his invoices to, is:
Mr. Stephen Fletcher
Fletcher Flying Service
1000 G Road
La Belle, FL 33935
Mr. Fletcher does not need a copy of the routing slip, but he should get a copy of each of the
Amendments, inclusive of the Exhibits. We might as well send him certified copies since you have
them.
Thank you, Ann!
De6&ie J'3wxq#wtaa
239 - 642 -7878 &tt. 34
From: Ann P. Jennejohn [mailto: Ann .Jennejohn(�-bcollierclerk.com]
Sent: Tuesday, July 02, 2013 3:45 PM
To: BrueggemanDebra
Subject: RE: 6 -11 -13 Item #14A3 (Fletcher Amendments)
I don't mind sending him copies at all; should I send them to the PO Box in Labelle?
Do you want me to send him certified copies, also?
Yours will go out via inter - office mail first thing tomorrow morning;
then just let me know where and what you'd like me to send him.
Thank you Debbie @
Ann
From: BrueggemanDebra [mailto: Debra Brueggeman @collier ocI v.net]
Sent: Tuesday, July 02, 2013 2:50 PM
To: Ann P. Jennejohn
Subject: RE: 6 -11 -13 Item #14A3 (Fletcher Amendments)
Hi Ann,
We probably should have certified copies for our files. You can just send them via interoffice mail.
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If you do mind. sending copies to Mr. Fletcher, that would be great, but we can do so after we receive
the certified copies if you prefer.
Thanks,
j9dide Buwffetlt=
239- 642 -7878 &t. 34
From: Ann P. Jennejohn [mailto: Ann .JennejohnC-acollierclerk.com]
Sent: Tuesday, July 02, 2013 1:33 PM
To: CurryChris; BrueggemanDebra
Subject: 6 -11 -13 Item #14A3 (Fletcher Amendments)
Hi there,
Attached for your records are the (2) first amendments to the
2006 & 2007 license agreements with Fletcher Flying Services, Inc.
that the Board approved on June 11 (Item #14A3)
Please let me know if you'd like me to send copies to
Mr. Fletcher or if you'd like certified copies, etc...
Hope you're both doing well @
Thank you!
Ann Jenne john, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk @collierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Under Florida rida I.aw, e -mail addresses are public records, if you do not want your e -mail address released in response to a public records request, uest, dc, not read
eientronic mail to this entity, Instead, contact this office by telephone or in writing.
CLERK OF TH]
Dwight E. Brock COLLIER COL
Clerk of Courts 3315 TAMIAMI TRL E STE 1
NAPLES, FLORIDA
34112 -5324
July 3, 2013
Mr. Stephen Fletcher
Fletcher Flying Services, Inc.
1000 G Road
La Belle, FL 33935
Mr. Fletcher,
of Collier
)CIRrCUIT COURT
QTY C06RTHOUSE
P.O. BOX 413044
NAPLES, FLORIDA
34101 -3044
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
Attached for your records are certified signed copies of the following amendments
to license agreements recently approved by the Collier County Board of County
Commissioners acting in its capacity as the Collier County Airport Authority:
• The First Amendment to the Corporate Hangar License Agreement dated
December 18, 2007
• The First Amendment to the Commercial Aeronautical Operations License
Agreement dated May 16, 2006
If you would like any further information or you have questions, please feel free to
contact me at 239 - 252 -8406.
Sincerely,
DWIGHT E. BROCK, CLERK
Ann Jennej ohn,
Deputy Clerk
Attachments (2)
Phone- (239) 252 -2646 Fax- (239) 252 -2755
Website- www.CollierClerk.com Email- CollierClerkgcollierclerk.com
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MEMORANDUM
Date: July 3, 2013
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: First Amendment(s) to a Corporate Hangar License
Agreement dated December 18, 2007 and Commercial
Aeronautical Operations License Agreement dated
May 16, 2006 with Fletcher Flying Services, Inc.
Attached for your records are certified copies of each agreement amendment referenced
above (Item #14A3) approved by the Board of County Commissioners on June 11, 2013.
The Minutes and Record's Department has held the original documents for the Board's
Official Record; certified copies have also been mailed to Mr. Stephen Fletcher with
Fletcher Flying Services, Inc.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachments
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FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO CORPORATE HANGAR LICENSE AGREEMENT
entered into this ,\\.*Jay of June, 2013, by and between the Collier County Airport Authority
("Authority"), and Fletcher Flying Services, Inc. ("Fletcher").
Recitals
WHEREAS, the undersigned are parties to a Corporate Hangar License Agreement
("Hangar Agreement)" dated December 18, 2007, a copy of which is attached; and
WHEREAS, the undersigned wish to amend this Hangar Agreement on the terms and
conditions set forth below.
NOW THEREFORE, in consideration of the covenants and agreements provided herein,
together with such other valuable consideration,the Hangar Agreement is amended as follows:
1. Paragraph 1 (Premises and Term)is hereby amended as follows:
(a) The term of the Hangar Agreement shall terminate June 30, 2023. There are no
renewal rights. Upon expiration or termination of this term Fletcher shall, at his sole cost and
expense, remove all his goods and effects and leave the Hangar in broom-clean condition.
2. Paragraph 2 (Fee)is hereby amended as follows:
(a) Commencing July 1, 2013, Fletcher shall pay the Authority as rent a monthly fee
of$1,621.40 per month, plus applicable taxes.
(b) Commencing July, 1, 2014, and on each annual anniversary date thereafter, the
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 in discontinued), hereinafter called "CPI'.
An increase in the monthly base rent, 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.
3. Right to Terminate: The Authority reserves the right to terminate this lease on 6
month's written notice to Fletcher if, in the Authority's sole judgment, changes to the Airport
Master Plan require the removal or closure of this hanger. Termination under this paragraph may
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only be made (a) after an actual change to the Master Plan; and (b) when it has been determined
that work in the immediate area will require the removal of the premises.
4. Hazardous Materials. Except as expressly provided for in a Pollution Prevention Plan
to be approved by the Authority, Fletcher will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any hazardous materials upon or about the
Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-
contractors, material men and/or suppliers to engage in such activities upon or about the
Premises. This Pollution Prevention Plan must be in place no later than October 1, 2013. Until
such a plan is in place, Fletcher may continue to conduct his business in the same manner as
previously allowed.
5. Non-Assignable. The Hangar Agreement is personal to Fletcher Flying Services, and
may not be assigned without the prior written consent of the Authority, which consent may be
freely withheld for any or no reason.
6. Except as expressly provided herein, the Corporate Hangar License Agreement dated
December 18,2007 remains in full force and effect
IN WITNESS WHEREOF, the parties have hereto executed this Amendment the day and
year first above written.
Fletcher Flying Services, Inc.
BY: II! /,
Steve Fletcher, President
ATTEST: BOARD OF OUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER OUNTY, FLORIDA IN ITS
CAPAC I A THE COLLIER COUNTY
AIRPO'4T A i O„ Y
By f . By
Attestas !fir 'Deputy Clerk GeorM if ler, Chairman
S
signiturfoq. ,�
Appro e, . orm and legality:
Jeffrey! . zkow
County i orney
CORPORATE HANGAR LICENSE AGREEMENT 14 3
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE, SUITE 1
NAPLES,FLORIDA 34114
(239) 642-7878
LICENSEE: Fletcher Flying Services,Inc. PHONE# 239-860-2028
CONTACT: Steve Fletcher
ADDRESS: P.O Box 1272
Labelle,FL 33935
1. PREMISES AND TERM:
The
Collier County Airport Authority (Licensor) )hereby licenses to Fletcher Flying Services, Inc.
(Licensee) the Corporate Aircraft Hangar Storage Facility at 195 Airpark Blvd., at the Immokalee
Regional Airport. This bare license with no interest attached begins on December 1, 2007 and continues
from month to month until at least 60 days' advance written notice to terminate is given by one party to
the other. Termination by LICENSOR for cause is subject to 3 days' notice to LICENSEE.
2. FEE:
Licensee shall pay an initial license fee of$1,400.00 plus sales tax monthly in advance on the first day
of each month without demand. This fee may be increased during the term of this license subject to
Licensor giving Licensee at least 60 days' advance notice of the increase. Any failure to pay the fee in
full and in advance shall require payment of a late fee equal to thirty dollars ($30.00) and any failure to
pay in full and on time shall be cause for termination of the license.
3. MAINTENANCE:
Licensee accepts the premises "as is." Licensor shall maintain structural components of the hangar
against ordinary wear and tear, including doors and door mechanisms. Licensee is responsible for all
other damage to the premises caused by Licensee's use of or presence at/in the premises.
4. LIABILITIES:
Licensee hereby waives all future claims against Licensor, 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 Licensor's employees, agents_or
representatives without any participation in such movement (or instructions to move same) from
Licensee or Licensee's agents, employees or any other person with apparent authority on behalf of
Licensee. Any act or use of the premises by Licensee not expressly authorized by this license, 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.
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LICENSEE: Fletcher Flying Services,Inc. 2 PHON1 239-860-2028
5. USE OF PREMISES:
The premises shall be used only for storage of, and maintenance of, aircraft owned by or leased to
Licensee and other associated uses necessary for Fletcher Flying Services, Inc. operations, subject to
Fire Marshall and Airport Management approval. Any attempt to sublicense, assign or otherwise
transfer this license is void ab initio unless the Executive Director authorizes same through his/her
execution of a written agreement for same,and never to exceed 6 month's duration.
6. TERMINATION FOR CAUSE:
Notwithstanding the notice provision of paragraph 2, above, Licensor may terminate this license 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, Licensee agrees that Licensor may
summarily remove all such property without any liability.
7. SECURITY AND KEYS:
Licensee agrees to always cooperate with Licensor in every respect, including security regulations.
Security of the hangar and all property therein is the sole responsibility of the Licensee. Licensee shall
provide Licensor with a duplicate key to any lock or locking device that secures the licensed premises.
Licensor will use the key to gain access only in the event that an emergency appears to necessitate
immediate access by Licensor. Licensor 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 Licensor is not re-locked through negligence of Licensor.
8. 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.
9. AUTHORIZED AIRCRAFT:
All Fletcher Flying Services, Inc., aircraft and equipment, subject to Fire Marshall and Airport
Management approval.
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LICENSEE: Fletcher Flying`Services,Inc. 3 PHONE 239-860-2028
10. INDEMNIFICATION AND INSURANCE:
A. Licensee agrees to indemnify fully and save and hold harmless Collier County, the Collier County
Airport Authority, and their officers, agents, and employees from and against all losses, damages,
claims, liabilities, and causes of action of every kind or character and nature as well as costs and
fees, including reasonable attorney's fees connected therewith including any and all appeals, and
the expense of the investigation thereof,based upon or arising out of damages or injuries to any and
all third persons or their property. Authority shall give Licensee prompt and reasonable notice of
any such claim or action. Licensee shall have the right to investigate, compromise, and defend the
same to the extent of its own interest.
B. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the types of
insurance required by the Collier County Risk Management Department as listed in exhibit B
attached and made a part hereof for the commercial aeronautical activities to be conducted as listed
in item 6 of this agreement. All insurance shall be from responsible companies duly authorized to
conduct the respective insurance in the Sate of Florida and/or responsible risk retention group
insurance companies registered with the State of Florida. All liability policies shall provide that the
Authority and the County of Collier as additional insured as to the uses of the licensed premises
under this agreement and shall also provide the Separation of Insured's Provision. Prior to the
execution of this agreement by licensee, the specified insurance coverage and limits required must
be evidenced by properly executed Certificates of Insurance on the forms which are deemed
acceptable by Authority.
LICENSOR: LICENSEE:
Collier County Airport Authority Fletcher Flying Services,Inc.
By: By: .)4 Witt
Theresa M. Cook, xecutive Director Steve Fletcher
Date: I Z - t - 61 Date: I 1 0 1
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.... ...__.
.0,......„..
t , COLLIER COUNTY AIRPORT AUTHORITY
4 CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS(Check)
X Workers'Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
Employer's Liability X $500,000 $1,000,000
Commercial General $500,000 per occurrence $1,000,000 per occurrence
Liability(Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage _
Hangarkeepers Liability $500,000 per aircraft $1,000,000 per aircraft
X Aircraft Liability Insurance X $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Business Automobile $500,000 per occurrence $1,000,000 per occurrence
Insurance bodily injury and property bodily injury and property
damage damage
Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Property Insurance Replacement Cost-All Risks of Loss
INDEMNIFICATION:To the maximum extent permitted by Florida law,the ContractorNendor/Consultant
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
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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 Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE—The
"Certificate Holder"should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department,or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty(30)Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an"ADDITIONAL NAMED INSURED"on property policies where an
interest in improvements and betterments is made,as its interests may appear.
Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
FORM 10- Hangar/T-Hangar Lease/Aviation Related
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FIRST AMENDMENT TO COMMERCIAL
AERONAUTICAL OPERATIONS LICENSE AGREEMENT
THIS FIRST AMENDMENT TO COMMERCIAL AERONAUTICAL OPERATIONS
LICENSE AGREEMENT entered into this aV, .ay of June, 2013, by and between the Collier
County Airport Authority ("Authority"), and Fletcher Flying Services, Inc. ("Fletcher").
Recitals:
WHEREAS, the undersigned are parties to a Commercial Aeronautical Operations License
Agreement ("Operations Agreement") dated May 16, 2006, a copy of which is attached as Exhibit
"A;" and
WHEREAS, the undersigned wish to amend this Operations Agreement on the terms and
conditions set forth below.
NOW THEREFORE, in consideration of the covenants and agreements provided herein,
together with such other valuable consideration, the Operations Agreement is amended as follows:
1. Paragraph 1 (Premises) is hereby amended by increasing the staging area to a 100 by
100 foot pad as depicted in Exhibit"B."
2. The Fee set forth in Paragraph 2 (Fee) is hereby increased to $200 per month, plus
applicable sales tax. Commencing July, 1, 2014, and on each annual anniversary date thereafter,
the 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 in discontinued), hereinafter called"CPI".
3. Turf Runway. Fletcher, at his sole cost and expense, may pursue a permitted turf
runway, which must be approved by all applicable agencies and once approved, shall be made
available to all Airport users. The Airport Authority will reasonably cooperate with Fletcher
should Fletcher elect to pursue this matter. Nothing herein contained shall prevent the Authority
from opening, authorizing or operating a permitted or unpermitted turf runway. In the event the
Authority shall pursue the operation of such turf runway, Fletcher will not be required to
financially contribute to the efforts of the Authority in opening, authorizing or maintaining said
turf runway. Tenant will maintain turf runway at their sole cost.
4. Except as expressly provided herein, the Commercial Aeronautical Operations License
Agreement dated May 16,2006 remains in full force and effect.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
SIGNATURE PAGE TO FOLLOW
1
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IN WITNESS WHEREOF, the parties have hereto executed this Amendment the day and
year first above written.
: Fletcher Flying Services, Inc.
By: g / 1
Steve F etcher, P esident
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER OUNTY, FLORIDA, IN ITS
CAPACIT • S T I. COLLIER COUNTY
�'1 �� .,,, AIRPORT I I I ' Y
By:
011.1,: t `�� '. By:
r pittir Clerk GEORGIA A. HILLER, ESQ.
Attestasto,a � , CHAIRWOMAN
signature On y. . .
Appr, • - o orm and legality:
Ifili
Jeffre 1A'' tzkow
Coun i •�i'1 orney
2
Exv.,\..,y4 A 3
COMMERCIAL AERONAUTICAL OPERATIONS LICENSE AGREEMENT
COLLIER COUNTY AIRPORT AUTHORITY
2005 MAINSAIL DRIVE SUITE# 1
NAPLES, FLORIDA 34114
(239) 642-7878
LICENSEE: Fletcher Flying Services Inc. LICENSEE'S PHONE NUMBER: (239)860-2028
LICENSEE'S ADDRESS: P.O. Box 1272 Labelle, FL 33935
1. PREMISES: The Authority (Licensor) hereby licenses the 50ft. X 50ft. area referred to as staging area 1
depicted in exhibit A attached and made a part hereof.
2. TERM: This bare license with no interest attached begins on 06/01/2006 and continues from month to
month until at least 30 days' advance written notice to terminate is given by one party to the other.
3. FEE: Licensee shall pay a license fee of $60.00 monthly in advance, plus applicable Florida sales tax in
advance. License fees are due on the first day of each month without demand. This fee may be increased
during the term of this license subject to Licensor giving Licensee at least 60 days' advance notice of the
increase. Any failure to pay the fee in full and in advance shall require payment of a late fee equal to thirty
dollars ($30.00)and any failure to pay in full and on time shall be cause for termination of the license.
4. MAINTENANCE: Licensee accepts the premises "as is." Licensor shall maintain structural components
of the facility against ordinary wear and tear. Licensee is responsible for all other damage to the premises
caused by Licensee's use of or presence at/in the premises.
5. LIABILITIES: Licensee hereby waives all future claims against Licensor, its employees, agents and/or
representatives for any and all liability for damage to property in or around the licensed premises. Any act
or use of the premises by Licensee not expressly authorized by this license, including storage of hazardous
materials are strictly prohibited.
6. USE OF PREMISES: The premises shall be used only for the staging of equipment, materials and
aircraft required for the licensees following aeronautical agricultural spraying operations.
7. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 2, above, Licensor
may terminate this license 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 all property brought onto the premises by or on behalf of Licensee, Licensee agrees that Licensor
may summarily remove all such property without any liability.
8. SECURITY: Licensee agrees to always cooperate with Licensor in every respect, including security
regulations. Security of the licensed premises and all property therein is the sole responsibility of the
Licensee. Licensor shall not be responsible for theft, vandalism, pilferage, or other damage or loss to any
property.
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9. INDEMNIFICATION AND INSURANCE:
A. Licensee agrees to indemnify fully and save and hold harmless Collier County, Authority, and their
officers, agents, and employees from and against all losses, damages, claims, liabilities, and causes of
action of every kind or character and nature as well as costs and fees, including reasonable attorney's
fees connected therewith including any and all appeals, and the expense of the investigation thereof,
based upon or arising out of damages or injuries to any and all third persons or their property. Authority
shall give Licensee prompt and reasonable notice of any such claim or action. Licensee shall have the
right to investigate, compromise, and defend the same to the extent of its own interest.
B. During the entire term of this agreement, Licensee shall provide, pay for, and maintain the types of
insurance required by the Collier County Risk Management Department as listed in exhibit B attached
and made a part hereof for the commercial aeronautical activities to be conducted as listed in item 6 of
this agreement. All insurance shall be from responsible companies duly authorized to conduct the
respective insurance in the Sate of Florida and/or responsible risk retention group insurance companies
registered with the State of Florida. All liability policies shall provide that the Authority and the County
of Collier as additional insureds as to the uses of the licensed premises under this agreement and shall
also provide the Separation of Insured's Provision. Prior to the execution of this agreement by licensee,
the specified insurance coverages and limits required must be evidenced by properly executed
Certificates of Insurance on the forms which are deemed acceptable by Authority.
LICENSOR: LICENSEE:
Collier County Airport Authority
Fletcher Flying Service Inc.
).",(2.0t)P4t
By: �► I
By: I
Theresa Cook, Execu 've Director Title: 0 ut)\A e
Printed Name: Veipkqe. J �,p,{-�,o�
J5 - Ib- ob
2
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Fletcher Flying Service Agreement
EXHIBIT A
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EXHIBIT B
COLLIER COUNTY AIRPORT AUTHORITY
CONTRACT INSURANCE
REQUIREMENTS
TYPE LIMITS(Check)
X Workers'Compensation Statutory Limits of Florida Statutes 440 and Federal Government
Statutory Limits and Requirements
X Employer's Liability X $500,000 $1,000,000
X Commercial General $500,000 per occurrence X $1,000,000 per occurrence
Liability(Occurrence Form) bodily injury and property bodily injury and property
patterned after the current damage damage
ISO form with no limiting
endorsements.
Airport Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Hangar-keepers Liability $500,000 per aircraft $1,000,000 per aircraft
X Aircraft Liability Insurance $500,000 per occurrence X $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Business Automobile $500,000 per occurrence $1,000,000 per occurrence
Insurance bodily injury and property bodily Injury and property
damage damage
Pollution Liability Insurance $500,000 per occurrence $1,000,000 per occurrence
bodily injury and property bodily injury and property
damage damage
Property Insurance Replacement Cost-All Risks of Loss
INDEMNIFICATION:To the maximum extent permitted by Florida law,the ContractorNendor/Consultant
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
ContractorNendor/Consultant or anyone employed or utilized by the ContractorNendor/Consultant 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 Collier County.
Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The
"Certificate Holder"should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
•
No County Division, Department, or individual name should appear on the Certificate. No other format will
be acceptable.
Thirty(30)Days Cancellation Notice required on Agreements exceeding 6 months. The contract name
and number shall be included on the certificate of insurance.
Collier County shall be shown as an"ADDITIONAL NAMED INSURED"on property policies where an
interest in improvements and betterments is made,as its interests may appear.
Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability and/or Airport Liability where required.
FORM 1-Commercial Activities License/Sublease of Land/Low Hazard or
Short Term/Aviation Related
14 3
rtuu�tit ewer FAX NO. : 9416579191 ''Nov. 20 2005 01:41PM P2
$34 IV$9auu 1.144 P.LIUulU 4 P 5L
.ir•-•:-4.1? 4'1.0 1 • s ... . • •• . , • - - . • .
£vratlen• Ocarafia�P�aatoitala that work lilt you • . .1 •• , • - - .•• Seprnbor 30.2005 • .• •• ' • : . •
•
. - Alta:Steve Placher.dba' _ • •• : • ' • .
Fletcher Flyrlug Service
-
P.O.Box l27Z; • .
.
LaSalle,� 33935' ;•• : . . • - - :
Dear Steve: - ' .
RP.: 1.978 Ces is*18813;.N731XG: : • . • • -
This will•confirm that we,ha�bound coverage with Ain on,t ,,a1� ve mention d .
,-craft,ef�ctiv�e'October 1,-2065 to'October 1,-2006:;;,. .t,d'.?-•- . • .
;. : .
?IMPOSE Or USE:"Aerial Application" '" •
•AIRCRAI+T MAD':
Ir.'
cr • ' P , • r 1 J,2.-;i.`a - •
••• •may:, . � - • • .e• -
glEr t yRa �i10Q,000 Bodily Wiry' `$300,000 Each
Occurrence/$100,000•P iy • : -• • .-
Pbeasie note eau-
uveteage i>selbdeir oo8aprebysendathdiiR but doea.pot include, •
Pannarrt/Owaers/Graw ta,.O cops bl flgTreated or Adjacent Plaids.Th t
i;coverage
is available-for as addidotiai Oldie::There•is a$1600.4edwed ibie fo each and*yeti
chemical 188.8. . • . • . - •
illaikgortakszt.Deductil les,of$500 iaot in nivt oon/$7,000 in mation,Ixa�red .
Value: $70,004,' : ,
•NAMED POT Steve Fletcher • • ' - • • •
• OPEN PILOT CLAUSE Any eoaumeroial.pilot laving no leis than 1000 eg hours and
•
100 hours in the make and model. • . • ••
;fOTALAN P . $11; 620.00 . • • i
•
You can pay this premium in!lt11 or Thave enlot:ed arpr .in fiaaace aw meat if you
•
' wielt to premium finance the pteniiaa. •,-. ' ••
.'
TELEPHONE 33478341302•FAX 334-•4034400'•PO:DRAWER 8'127:•DOTHAN,ALABAMA 36302 • .
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