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Backup Documents 12/14/2021 Item #16G1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 G 1 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. County Attorney Office CAO O1/4.6 12) 2-% I k 1 2. Board of County Commissioners Office BOCC PT tti /W //)/ 3. Minutes and Records Clerk of Court's Office Wat--?rl 4. Send signed copy to Heather Meyer GMD South/Airport Authority 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 Heather Meyer/Airport Authority 239-252-5765 Contact/ Department Agenda Date Item was December 14,2021 t,/ Agenda Item Number 16G.1 !/ Approved by the BCC Type of Document Immokalee Airport Hangar Lease Agreement Number of Original 1 Attached 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 . •' -ver is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK HM 2. Does the document need to be sent to another agency for addi`.-: If yes, HM 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 HM signed by the Chairman,with the exception of most letters,must be reviewed and signed QM by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's HM 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 HM 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 HM 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 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 Dec. 14,2021 and all changes made 1,Q N/A is not during the meeting have been incorporated in the attached document. The County JJ ,6 an option for Attorney's Office has reviewed the changes,if applicable. kp< this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 9 an option for Chairman's signature. this line. 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 16G1 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, December 21, 2021 2:46 PM To: MeyerHeather Subject: Item #16G1 (1214-21 BCC Meeting) Attachments: Backup Documents 12_14_2021 Item #16G1.pdf Hi Heather, An executed copy of Item #1641, from the December 14, 2021 BCC Meeting is attached for your records. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II tox to, Clerk to the Value Adjustment Board Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@CollierClerk.com t 4� Office of the Clerk of the Circuit Court ����'"`ten '`` Sr Comptroller of Collier County 3299 Tamiami Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com i 1 G I T - HANGAR LEASE AGREEMENT (r 3 •-••'"). COLLIER COUNTY AIRPORT AUTHORITY 2005 MAINSAIL DRIVE. SUITE 1 NAPLES, FLORIDA 34114 (239) 642-7878 THIS LEASE AGREEMENT is made and entered this 14th day of December 2021, by and between the Collier County Airport Authority (hereinafter referred to as "Authority"), and: Name: Matecumbe Flying Service Inc. • Type of Entity: Florida Corporation Phone Number: 305-360-6279 (Telephone) Address: 90290 Overseas Hwy, Islamorada, FL 33070 (hereinafter collectively referred to as"Tenant")and shall supersede and replace all prior agreements and understandings, oral or written. between Authority and Tenant regarding use of Authority property. 1. PREMISES: The Authority' hereby leases to Tenant 1-1 langar A-3 at the Immokalee Regional Airport. SEE ADDENDUM ATTACHED 2. AUTHORIZED AIRCRAFT: The Premises shall only be used for the-parking and--storage-of4he Teparics-felwint-deser4bed-airera44+-SEE ADDENDUM ATTACHED Aircraft I. D.: Aircraft Classification: Aircraft Color: Aircraft-Make: Aircraft Model: TERM: The term of this agreement will commence on the 1st day, of , 2021 and wil4 continue on a month to month-basis-until at least 30 days' advanee-writien-notitH,e to enuinate is given by oneparty-4*the other. The Authority may terminate this Lease fir cause, as defined below. on 3 days written notice to Tenant. SEE ADDENDUM ATTACHED 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 I' 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 (S30.00) 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 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. SEE ADDENDUM ATTACHED //6-1P.4-00308/1236884li Page 1 of 7 I 6G1 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'Fenant•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 shall4w-u-sed-effoi,-stefage-of • . - . . asseeiated-wiTh-aiferaft-fepair-tha4-wetild-Ret-eetistitifte-ti-ftre-44.244i-nteRt441 : . '• • 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 he 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 Airports Manager or their designee. This maintenance may be performed by the owner/pilot of the aircraft of 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 he 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 arc 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. SEE ATTACHED ADDENDUM 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 Airports Manager.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. 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. f 16,1N-00308:1236884;1 Page 2 of 7 16G1 10. EMERGENCY SITUATIONS: In the event elan emergency, (e.g. hurricane) any vacant hangar is subject to aircraft temporary occupancy at the discretion of the Executive Airports Manager provided such occupancy is to protect the aircraft from potential exposure to loss or damage because of the emergency. I 1. LEASE MANUAL: Tenant shall he provided with the Authority's Lease Manual (if any), which the Authority may be amend from time to time. The terms of this manual shall 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 st 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 fbr 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. SEE ATTACHED ADDENDUM 13. ASSIGNMENT: This Lease Agreement is personal to Tenant. Tenant shall not assign this Lease, and may not sublet the Premises,or any part thereolwithout 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. 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. Tenant shall secure and deliver to Authority appropriate 116,4PA-00308,12368844] Page 3 of 7 1 G 1 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. SEE ATTACHED ADDENDUM I 7. 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 orrenant 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, alter 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 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 o 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. 6-AP/1-00308:123688-1 i I Page 4 of 7 0 1 6 G 1 19. DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon shall he 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 he 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 temi 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 or structures, objects of natural growth and other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part 77. 23. CONDEMNATION: II, 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 he 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 he 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 fixture Agreement between Authority and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may he required as a condition precedent to the expenditure of Federal funds for the development of the Airport. • 1./6AP/140308 1236884/11 Page 5 of 7 1 6 G ADDENDUM TO T - HANGAR LEASE AGREEMENT The Collier County Airport Authority ("Authority"), and Matecumbe Flying Services Inc. ("Tenant") I. PREMISES: In addition to the Lease premises specified in Paragraph 1 of the Lease Agreement. subject to availability, in connection with the running of its business, Tenant will be allowed two tie- down spots to store transit maintenance aircraft. This permission is on an "as-needed basis" and associated with Hanger A-3 only. Tenant shall pay the standard per diem rate for each tic-down used at the rate for a 3 month minimum tie-down agreement as set forth in the Board approved Rates and Charges which is currently $2.00 a day for single engine aircraft, which may be amended from time to time. 2. AUTHORIZED AIRCRAFT: The Premises shall only be used for transient aircraft repair, servicing.. inspection, and storage of personally owned and/or transient aircraft. related parts. and other equipment. 3. TERM: The term of this Agreement will commence on the date of the Lease Agreement, and unless terminated earlier by the parties, shall terminate on the 5th year anniversary said date. Notwithstanding the foregoing, either party may terminate this Agreement for convenience with at least 90 days written notice to the other party. Tenant is hereby granted the option to renew for an additional five-year term. This renewal option must be exercised by written notice to the Authority, and be received by the Authority no later than 30 days prior to the end of the term. I I exercised by Tenant and agreed to by the Authority, the agreement shall be extended for an additional live years on all the existing terms and conditions. If tenant holds over alter the expiration of the lease term, such tenancy shall be from month to month under all of the terms and conditions of this agreement (save rent) subject, however, to Authority's right to seek legal relief" to eject Tenant from the premises as a holdover, Rent shall be doubled during any hold-over tenancy. The Authority may terminate this Lease for cause, as defined herein, on 3 days written notice to Tenant. 4. ADDITIONAL RENT: In addition to rent, and in lieu of a percentage of the gross receipts generated by the business. Tenant shall pay the Authority during the term of-this Lease Agreement an operating fee of$200.00 per year, plus applicable sales tax. Also, in addition to rent. Tenant shall pay the Authority during the term of this Lease Agreement $300 per year, for excess electricity use as of the lst day of the second month following installation of 220 volts electrical outlets. 7. USN OF PREMISES: Tenant is allowed and approved to conduct full maintenance activities and. major aircraft repairs that would not constitute a fire hazard under the terms and conditions of this agreement. During the term of this Lease. Lessee may install 220 volt electrical improvements on the Leased Premises. Any such electrical improvements shall be in compliance with all applicable codes and ordinances and approved by the Authority; Authority's consent will not he unreasonably withheld. 12. RULES AND REGULATIONS: Airport Minimum Standards mandate that a minimum of 300 square feet of office space is required to allow the business types identified in this agreement. Currently. the Airport does not have available facilities with office space. therefore, until office space is available a waiver to Minimum Standards is approved. When office space is available on airport, tenant will comply with Minimum Standards. 176-4PA-no308.123688441 Pug.' 6 of 7 16G1 16. INSURANCE REQUIREMENTS:NTS: During the entire term of this agreement, tenant shall provide. pay for, and maintain types of insurance required by the Collier County Risk Management Department as listed in exhibit A attached and made a part hereof for the commercial aeronautical activities to be conducted under this agreement. All insurance shall be from responsible companies duly authorized to conduct the respective insurance in the State ol'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 he evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. IN WI'l'NESS WI-IEREOF, the parties hereto, by their duly authorized representatives, have executed this Addendum to Lease Agreement on this the 14th day of December 2021. TENANT: Mate umb 'lying Service inc.. Richarc Merrill, President Attest: BOARD OF COUNTY COMMISSIONERS CRYSTAI. K. KINLEL, Clerk OF COLT iLR COUNTY. FLORIDA, serving as the 4 4 COLLi ;It ' ' INTY AIRPORT AUTHORITY I3y:. By ____ ..._......---..... AttSt as fi0h y • uty Clerk 'E:NNY Tr LOR, Chain an A signat • ure onT ... A,•' Approved as to forti i d legality: 0:i?A_ Ienni • A. 13elpcdio ' ‘ \ Assistant County Attorney ���� /16.,t P,1-0030R''!236884,/J Page 7 of 7 CD •+r