Agenda 02/26/2019 Item #16G102/26/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County Airport
Authority, approve and authorize the Airport Manager to execute the revised attached standard
tie-down agreement for the Everglades Airpark, Immokalee Regional Airport and Marco Island
Executive Airport.
OBJECTIVE: To revise the previously approved standard tie-down agreement for the Everglades
Airpark, Immokalee Regional Airport and Marco Island Executive Airport to account for recently
approved revisions to the Airport Authority’s rates and charges.
CONSIDERATIONS: On December 10, 2013, Agenda Item 16G2, the Board of County Commissioners
(BCC), acting as the governing body of the Collier County Airport, approved and authorized the County
Manager or his designee to execute a standard tie-down agreement for the Everglades Airpark,
Immokalee Regional Airport and Marco Island Executive Airport.
On December 11, 2018, Agenda Item 16G1, the BCC approved the 2019 Rate Schedules for the
Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport, which included a
revision to the tie-down/overnight parking fee structure for season vs. annual tie -down tenants. The
previously approved tie-down agreement needs to be revised to incorporate these changes to the fee
structure, and various minor nonsubstantive revisions as highlighted in the attached revised agreement.
The tie down agreement continues to allow that for any reason, either party may terminate the tie down
agreement with 30 days notice to the other party. It also continues to allow the Authority to terminate for
cause with 3 days notice and provides for an automatic termination if the Lessee is in default of the rental
obligation for 10 days.
The 2019 Rate Schedules provide that the monthly rate for the 4-month term is higher than the rate for the
12-month term. Accordingly, the tie down agreement has been updated to require that should Lessee
desire to terminate in advance of the minimum term, Lessee will be charged the next higher tier rate in
accordance with the Authority’s published Rate Structure.
FISCAL IMPACT: There is no fiscal impact associated with the approval of this item.
GROWTH IMPACT: There is no growth impact associated with this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Airport Manager to execute the attached revised
standard tie-down agreement with prospective tenants of the Everglades Airpark, Immokalee Regional
Airport and Marco Island Executive Airport, in accordance with the Airport Authority’s Lease Policy and
BCC-approved Rates and Charges.
Prepared by: Justin Lobb, Airports Manager, Airport Authority
ATTACHMENT(S)
1. Tie Down Agreement_tracked changes (PDF)
2. Tie Down Agreement with CAO stamp (PDF)
16.G.1
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02/26/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 7858
Item Summary: Recommendation that the Board of County Commissioners, acting as t he Collier
County Airport Authority, approve and authorize the Airport Manager to execute the revised attached
standard tie-down agreement for the Everglades Airpark, Immokalee Regional Airport and Marco Island
Executive Airport.
Meeting Date: 02/26/2019
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
01/25/2019 9:03 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
01/25/2019 9:03 AM
Approved By:
Review:
Growth Management Department Diane Lynch Level 1 Reviewer Completed 01/28/2019 11:06 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/28/2019 3:32 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 01/28/2019 4:18 PM
Airport Authority Justin Lobb Additional Reviewer Completed 01/29/2019 9:32 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/29/2019 10:07 AM
Growth Management Department James C French Deputy Department Head Review Skipped 01/29/2019 8:37 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/30/2019 5:06 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2019 8:32 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/05/2019 3:54 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 02/06/2019 9:25 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/18/2019 8:47 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/26/2019 9:00 AM
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Form Effective 6-28-2011; Revised 12-10-132-26-2019
TIE DOWN AGREEMENT
ANNUAL / SEASONAL
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) (Limited Liability Company) (Partnership) (Other)
Corporation (insert State of Incorporation): __________________________________
Limited Liability Company (insert State where formed): ________________________
Partnership (insert State where registered): ___________________________________
Other (describe): _______________________________________________________
Phone Number: ________________________________________________________
Address: ______________________________________________________________
Email Address: _________________________________________________________
(Hereinafter referred to as “Licensee”)
1. PREMISES AND TERM: The Authority hereby licenses an aircraft parking space at the
_______________________________ Airport. The This License is not a guarantee of a specific parking
location andof parking space is subject to availability of paved/grass parking areas as determination
determined 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 days (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_______________ (initial). 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 Tail No.:____________________ Aircraft Classification: _______________________
Aircraft Color: _____________________
Aircraft Make: _____________________
Aircraft Model: ____________________
3. FEE: Licensee shall pay an initial parking fee of $__________ monthly, plus applicable Florida sales
tax, which represents a seasonal / annual (select one) tenant discount, provided the associated minimum
term of four (4) or twelve (12) months (select one), in advance on the first day of each month without
demand. Should Lessee desire to terminate in advance of the minimum term, Lessee will be charged the
next higher tier rate in accordance with the Authority’s published Rate Structure. This fee may be
increased during the term of this license subject to the Authority giving Licensee at least 60 thirty (30)
day’s advance notice of the increase. Any failure to pay the fee in full and in advance shall require
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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.
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 MANUALPOLICY: Licensee shall be provided with the Authority’s Lease Manual Policy
(if any), which the Authority may amend from time to time. The terms of this manual policy shall be
deemed to be incorporated by reference into this Agreement, and Licensee shall be bound by the terms
of this Lease ManualPolicy, as of the 1st day of the second month Licensee receives a copy of the Lease
Manual Policy or an amended Lease ManualPolicy. With respect to any terms in this Agreement, which
are in conflict with the Lease ManualPolicy, the Lease Manual Policy 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.
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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.
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
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voluntary or involuntary bankruptcy proceeding by or against Licensee; assignment by Licensee for the
benefit of creditors; the appointment of a receiver or trustee to manage the property of Licensee or if
Licensee fails to adhere to the provisions of the Agreement.
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.
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Form Effective 6-28-2011; Revised 12-10-132-26-2019
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement on the date first above written.
AS TO LICENSEE:
____________________________________
(Signature of Licensee)
________________________________
(Print name)
_______________________________
(Title – If corporation, LLC, etc.)
AS TO AUTHORITY:
COLLIER COUNTY AIRPORT AUTHORITY
By:____________________________________
Finance Manager
By:___________________________________
Justin Lobb, Airport Manager
16.G.1.a
Packet Pg. 1267 Attachment: Tie Down Agreement_tracked changes (7858 : Revisions to Airport Standard Tie-Down Agreement)
16.G.1.bPacket Pg. 1268Attachment: Tie Down Agreement with CAO stamp (7858 : Revisions to Airport Standard Tie-Down Agreement)
16.G.1.bPacket Pg. 1269Attachment: Tie Down Agreement with CAO stamp (7858 : Revisions to Airport Standard Tie-Down Agreement)
16.G.1.bPacket Pg. 1270Attachment: Tie Down Agreement with CAO stamp (7858 : Revisions to Airport Standard Tie-Down Agreement)
16.G.1.bPacket Pg. 1271Attachment: Tie Down Agreement with CAO stamp (7858 : Revisions to Airport Standard Tie-Down Agreement)
16.G.1.bPacket Pg. 1272Attachment: Tie Down Agreement with CAO stamp (7858 : Revisions to Airport Standard Tie-Down Agreement)