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06/17/2009 Lease DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 23, 2009 TO: Reggie Paros, Director Housing & Community Development Florida Keys Marathon Airport Manager FROM: Stacy De Vane, Executive Assistant Pamela G. HanC~c. A TTN: At the June 17, 2009, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Lease Agreement between Monroe County and Antique Aircraft Restoration, Inc. to rent old Mosquito Control hangar and facilities; rent is $3,500 per month. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File ~.,... LEASE AGREEMENT FLORIDA KEYS MARATHON AIRPORT ANTIQUE AIRCRAFT RESTORATION THIS CONTRACT OF LEASE is made and entered into this 17th day of June, 2009, by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and ANTIQUE AIRCRAFT RESTORATION, INC., d/b/a Antique Air, hereinafter referred to as "ANTIQUE AIRCRAFT" or "Lessee". WHEREAS, COUNTY owns a hangar facility, commonly referred to as the "Mosquito Control Hangar" at the Florida Keys Marathon Airport; and WHEREAS, COUNTY owns the Florida Keys Marathon Airport, located in Marathon, Monroe County, Florida, hereinafter referred to as "Airport"; now, therefore IN CONSIDERATION of the premises and of the mutual covenants and agreements herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto ANTIQUE AIRCRAFT, and ANTIQUE AIRCRAFT does hereby lease from COUNTY, certain premises, rights and privileges as follows, to wit: 1. Premises. The COUNTY does hereby lease to ANTIQUE AIRCRAFT, and ANTIQUE AIRCRAFT leases from the COUNTY, a hanger facility approximately 13.100 square feet situated upon a parcel of land approximately 34.980 square feet located at the Florida Keys Marathon Airport, hereafter the premises, as described in Exhibit "A" attached hereto and incorporated herein. Any improvements made by the ANTIQUE AIRCRAFT to the premises automatically become the property of the County upon the termination of this lease. 2. Commercial Aviation Use and Privileees. ANTIQUE AIRCRAFT shall have the non-exclusive right in connection with its use of the leased premises and subject to the conditions provided in this lease Agreement and/or contained in the Revised Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service Providers at Monroe County Airports (Minimum Standards), as amended from time to time, to engage in the following commercial aviation activities: The Lessee may only use the premises for aircraft, engine, propeller and accessory maintenance, air charter, flight training, air tour services, avionics and instrument repair services as described in subsections (VI. D. 1.), (VI. A.), (VI. B.) and (VI. E.) of the County's Minimum Standards, a copy of which is attached to this lease and made a part hereof. No additional services may be performed by the Lessee without the consent of the Monroe County Board of County Commissioners. The Lessee acknowledges that all applicable provisions of the County's Minimum Standards are binding on the Lessee. 2. Term. The term of the lease is for seven (7) years beginning on the effective date of this lease agreement. Upon the termination of this lease, either under this paragraph or as provided elsewhere in this lease, ANTIQUE AIRCRAFT must peacefully surrender the premises, all structures and improvements to the COUNTY. 3. Rent. The rent for the premises is $3.500.00 per month or $42.000.00 per year, plus applicable sales tax, with the monthly rent due and payable beginning on the first day of each month. All rental payments are due at the Airports Business Office. 3491 S. Roosevelt Blvd., Key West, FL 33040. Following the initial year of this lease, the annual rental sum will be adjusted each year by a percent equal to the increase in the CPI for all urban consumers (CPI - U) above that of the pnor year. If at any time during the term of this lease, the leased premises are converted to a non- aeronautical use, the COUNTY shall have the right to immediately enter on to the property for purposes of obtaining an appraisal to determine fair market value and the rent for the premises shall immediately be set at the new rate. In addition to the rent for the premises the LESSEE shall remit, along with the monthly rental payment, insurance coverage reimbursements payments pursuant to paragraph 13A. 4. Termination. This Agreement may be terminated at the discretion of the COUNTY in the following circumstances: a) ANTIQUE AIR fails to pay the rent when due; b) ANTIQUE AIR fails to obtain the insurance required under this lease or allows the required insurance coverage to lapse or fall below the minimum required; c) ANTIQUE AIR otherwise breaches the terms of this lease. Unless the COUNTY has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default under the terms of this agreement. In the case of default/breach, the County's Director of Airports shall first give ANTIQUE AIR a written notification stating the defaultlbreach and ANTIQUE AIR has 10 days to correct the default/breach. If ANTIQUE AIR has not commenced correction of the default/breach at the end of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be necessary to employ the services of an attorney in order to enforce its rights under this Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in any particular month shall not bind the COUNTY to forego the provisions of this paragraph and any subsequent default shall be grounds for termination. If the LESSEE is not in default of any of its obligations under the terms of this lease, the LESSEE may terminate this agreement, at its discretion, upon 15 days written notice to the County if; d) the leased premises are destroyed or; e) the leased premises are damaged to the extent the premises can not be used for the purposes intended by this agreement by an occurrence covered under the County maintained All Risk Property Insurance AND the County has not begun a good faith effort to repair or reconstruct the leased premises within 60 days of the date of the occurrence. The grounds for the LESSEE's termination of this agreement in the event of an occurrence described in subparagraph 4d and 4e create no basis for any County liability whatsoever to the LESSEE and shall not serve to create any obligation whatsoever on the part of the County to pay any monies to the LESSEE. 5. Leasehold Imorovements and Use. ANTIQUE AIR shall have the right to occupy the premises as described in Exhibit "A". 6. Rie:ht of Ine:ress and Ee:ress. ANTIQUE AIR, its agents, employees, customers, suppliers, and patrons shall have the right of ingress and egress to and from the leased premises, which shall not be unreasonably restricted by COUNTY. 2 7. Utilities. ANTIQUE AIR is responsible for all telecommunications, electrical, sewer, water and solid waste collection service for the premises. 8. Assie:nment. The premises leased hereunder along with the improvements thereon may not be sublet without written consent of the COUNTY. The premises leased hereunder along with the improvements thereon and this lease may not be assigned without the written consent of the COUNTY. 9. Maintenance of Premises. During the term of this lease, ANTIQUE AIRCRAFT is responsible for all maintenance and repairs, including major repairs such as structural work and roof replacement and replacement of the building if destroyed. All repairs and replacement must be of the same or better quality as the original work and conform to all applicable building codes. ANTIQUE AIRCRAFT shall be responsible for and shall properly maintain the leased premises, and upon the termination of this lease, shall leave the premises in at least as good condition as at the time of the commencement of this lease, normal use and occupancy excepted. 10. Rie:hts of County. The COUNTY shall have the absolute right, without limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be free from any and all liability to ANTIQUE AIRCRAFT for business damages occasioned during the making of such repairs, alterations and additions, except those occasioned by the sole act of negligence of the COUNTY, its employees or agents. The COUNTY and its authorized officers, employees, agents, contractors, subcontractors and other representatives shall have the right to enter upon the leased premises for the following purposes: a) to inspect the leased premises at reasonable intervals during regular business hours (or at any time in case of emergency) to determine whether Lessee has complied and is complying with the terms and conditions of this agreement with respect thereto; b) to perform essential maintenance, repair, relocation, or removal of the existing facility(if owned by the County), structure(if owned by the County), perimeter security fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under or across the leased premises, and to construct, maintain, repair, relocate, and remove such facilities in the future as necessary to carry out the Master Plan of development of the Airport; provided, however, that said work shall in no event unduly interfere with the operations of ANTIQUE AIRCRAFT and, provided further, that the entire cost of such work, as a result of the exercise by the COUNTY of its rights hereunder shall be borne by the COUNTY. 11. RIGHTS RESERVED. Rights not specifically granted to ANTIQUE AIRCRAFT by this Agreement are reserved to the COUNTY 12. Indemnification/Hold Harmless. Notwithstanding any mInImum Insurance requirements prescribed elsewhere in this agreement, ANTIQUE AIRCRAFT shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses (including, without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason ot~ or in connection with a violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and 3 penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of ANTIQUE AIRCRAFT or any of its employees, agents, contractors or other invitees on the Airport during the term of this AGREEMENT, (B) the negligence or willful misconduct of ANTIQUE AIRCRAFT or any of its employees, agents, contractors or other invitees, or (C) ANTIQUE AIRCRAFT's default in respect of any of the obligations that it undertakes under the terms of this lease, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than ANTIQUE AIRCRAFT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this lease, this section will survive the expiration of the term of this lease or any earlier termination of this lease. 13. Insurance Reauirements. ANTIQUE AIRCRAFT shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either · Certificate of Insurance or a Certified copy of the actual insurance policy. The COUNTY, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non- renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of ANTIQUE AIRCRAFT's insurance shall not be construed as relieving ANTIQUE AIRCRAFT from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. In addition, the County will be named as an Additional Insured on all policies covering County-owned property. ANTIQUE AIRCRAFT will obtain or possess the following insurance coverage and will provide Certificates of Insurance to County to verify such coverage. Any deviations from the following Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be approved by Monroe County Risk Management. In the event a waiver is granted and the leased premises are damaged due to a wind or flood event, Lessee shall be responsible for twelve and one half percent (12.50/0) of the cost of repair or reconstruction if FEMA funding is awarded for repair or reconstruction of the leased premises. A. All Risk ProDertv Insurance Reauirements: The County shall maintain All Risk Property Insurance Coverage, at LESSEE's expense, on the leased premises due to the unavailability to the LESSEE of All Risk Property Insurance with wind and flood coverage at a reasonable cost. Coverage shall be maintained by the County throughout the life of the Lease/Rental Agreement and include, as a minimum, liability coverage for: Fire Lightning Vandalism Sprinkler Leakage Sinkhole Collapse Falling Objects Windstorm Smoke Explosion Civil Commotion Aircraft and Vehicle Damage Flood LESSEE shall reimburse the County for the pro-rata share of the All Risk Property insurance coverage. Such coverage shall be due and payable beginning on the first day of each month along with the rent. All insurance reimbursement payments are due at the Airports Business Office, 3491 S. Roosevelt Blvd., Key West, FL 33040. The pro-rata insurance share for the initial year is $208.67 per month or $2,504 per year. Following the initial year, the pro-rata insurance share shall be subject to annual adjustments. 4 B. Airoort Liability and Hanearkeeoers Leeal Liability Insurance Requirement: Recognizing that the work governed by this contract may involve the repair, servicing, maintenance, fueling, or storage of aircraft, ANTIQUE AIRCRAFT will be required to purchase and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal Liability Insurance naming the Monroe County Board of County Commissioners as Additional Insured. The minimum limits of liability shall be $1 million. C. Workers Comoensation - ANTIQUE AIRCRAFT shall obtain Worker's Compensation Insurance with limits sufficient to respond to Florida Statute 440. D. Emplover's Liabilitv - $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, Each Employee ANTIQUE AIRCRAFT shall maintain the required insurance throughout the entire term of this lease and any extensions which may be entered into. The COUNTY, at its sole option, has the right to request a certified copy of any and all insurance policies required by this lease. Failure to comply with this provision shall be considered a default and the COUNTY may terminate the lease in accordance with Paragraph 4. 14. Books. Records and Documents. ANTIQUE AIRCRAFT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. 15. Rules and Reeulations A. COMPLIANCE. ANTIQUE AIRCRAFT shall comply with all ordinances of the COUNTY, including any reasonable rules and regulations with respect to use of Airport property, as the same may be amended from time to time, all additional laws, statutes, ordinances, regulations and rules of the federal state and county governments, and any and all plans and programs developed in compliance therewith, which may be applicable to its operations, including specifically, without limiting the generality thereof, federal air and safety laws and regulations and federal, state, and county environmental, hazardous waste and materials and natural resources laws, regulations and permits. B. VIOLATIONS. ANTIQUE AIRCRAFT agrees to pay on behalf of the COUNTY any penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the COUNTY any claim, assessment, or civil action, which may be presented or initiated by any agency or office of the federal, state, or county governments, based in whole or substantial part upon a claim or allegation that ANTIQUE AIRCRAFT, its agents, employees or invitees have violated any law, ordinance, regulation, rule or directives described in 15(A) above. 16. Governine Law. Venue. Interoretation: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and ANTIQUE AIRCRAFT agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 5 The COUNTY and ANTIQUE AIRCRAFT agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 17. Entire Ae:reement. This writing embodies the entire agreement and understanding between the parties hereto, and there are not other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 18. Severabilitv. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and ANTIQUE AIRCRAFT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 19. Attornev's Fees and Costs. The COUNTY and ANTIQUE AIRCRAFT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 20. Hindin!! Effect. The terms, covenants, conditions, and prOVISIons of this Agreement shall bind and inure to the benefit of the COUNTY and ANTIQUE AIRCRAFT and their respective legal representatives, successors, and assigns. 21. Authoritv. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22. Claims for Federal or State Aid. ANTIQUE AIRCRAFT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23. Adiudication of Disputes or Disae:reements. COUNTY and ANTIQUE AIRCRAFT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 6 24. Coooeration. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and ANTIQUE AIRCRAFT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and ANTIQUE AIRCRAFT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. Nondiscrimination. COUNTY and ANTIQUE AIRCRAFT agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. ANTIQUE AIRCRAFT agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 120 1 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 26. Covenant of No Interest. COUNTY and ANTIQUE AIRCRAFT covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 27. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 28. No Solicitation/Pavment. The COUNTY and ANTIQUE AIRCRAFT warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona 7 fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, ANTIQUE AIRCRAFT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 29. Public Access. The COUNTY and ANTIQUE AIRCRAFT shall allow and permit reasonable access to, and inspection ot~ all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and ANTIQUE AIRCRAFT in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by ANTIQUE AIRCRAFT. 30. Non-Waiver of Immunitv. Notwithstanding he prOVISIons of Sec. 286.28, Florida Statutes, the participation of the COUNTY and ANTIQUE AIRCRAFT in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 31. Privile2es and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 32. Le2al Obli2ations and ResDonsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 33. Non-Reliance bv Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and ANTIQUE ARICRAFT agree that neither the COUNTY nor ANTIQUE AIRCRAFT or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. Attestations. ANTIQUE AIRCRAFT agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 8 35. No Personal Liabilitv. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. Personal Prooertv. Any personal property of ANTIQUE AIRCRAFT, its agents, assigns, or invitees placed in the premises of the Airport shall be at the sole risk of the ANTIQUE AIRCRAFT or owners thereof, and the COUNTY shall not be liable for any loss or damage. 37. Federal Subordination. This Agreement shall be subordinate to the provisions of any existing or future agreement between the COUNTY and the United States of America relative to the operation and 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. All provisions of this AGREEMENT shall be subordinate to the right of the United States of America. 38. Execution in Counternarts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 39. Section Headine:s. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 40. Cancellation of Ae:reement. COUNTY may cancel this lease agreement by giving ANTIQUE AIRCRAFT sixty (60) days advanced written notice upon the happening of any of the following events: the appointment of a receiver of ANTIQUE AIRCRAFT's assets; the divesting of ANTIQUE AIRCRAFT's leasehold estate by other operation of law; the abandonment by ANTIQUE AIRCRAFT of its operations at the premises for a period of sixty (60) days. By the end of the sixty (60) day notice period, ANTIQUE AIRCRAFT shall have vacated the premises and the COUNTY may immediately re-enter and take possession of same. If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees. 41. Mutual Review. This agreement has been carefully reviewed by ANTIQUE AIRCRAFT and the COUNTY, therefore this agreement is not to be construed against either party on the basis of authorship. 42. FAA Reauirements. The parties shall comply with FAA Required Lease Clauses, which are listed in Exhibit "B", attached hereto and made a part hereof. 9 tk:}~<~ITNES$:-WHEREOF, the parties have caused this lease to be executed this /1-:,@}""of "J ~ , 2009. , (SEA~)' \KATTEST:p~~ L. KOLHAGE, CLERK .~/C~ By~~::'~puty Clerk w~ ~~ " ,,-- ~ = C - (..) .:r ~ a: ~ ., La.. N e ~ -oJ ~ iL: ~ w '-=' <t~..,.:: ::t:' (...J ' -_Jc' 0_': ::c C) BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~~ ~4 'oJ~c.e.<J--. By I Mayor/Chairperson ANTIQUE AIRCRAFT, INC. By ~ ;- Title~-;;~f^li/ ~&(( I 10 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. L (S~re) Date: , - / 'S- ifj STATE OF: tlo{'; J "- COUNTY OF: Hc,1) roe Subscribe and sworn to (or affirmed) before me on (1//5/ 0 1 (date) by 1CJf11 DA ~ "I ~ CI (name of affiant). He/She is personally known to me or has produced Or I it'-. J.. I (c! ,?5 (type of identification) as identification. m MARY GROSTEFOIl I \ NoIary Pubflc . State of Florida l~ .} My Comm. expQ' Noy 11, 2012 1t4lo~ t>> ,\.~ Commission 11 00 .317. 'Iii,..,. ....... TIIrough ......, Not., Ann. Jr-J 11 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 'on! 0", I v'~o warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance No.1 0-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. /--. / (signature) Date: C, - 15 - '1 STATE OF Flurl d", COUNTY OF H en r 0 r PERSONALLY APPEARED BEFORE ME, the undersigned authority, Tony [h;v~o who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this } 5" day of ~I)e , 200? . ~~ My commission expires: e- MARY IROS1'EFON ....., PubItc . .... of florida · · - C_. flIpIm "'11, 2012 r. COIIIII..... II DO 1317. ...... ...... ........ ....., Ann. OMB - MCP FORM #4 12 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance \\ith Florida Statute 287.087 hereby certifies that: ----- _81\f1l ~vE ---flrfLULftf::r_ --R~~--d-:i~~~- (Name of Business) I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Infonn employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection ( I). 4. In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the tenns of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program ifsuch is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this finn complies fully with the above requirements. ~-5-1 --.------.-------------.-...- -- .' - --.---.--"'. - ---.- Date CD MARY GROSTEFON .....y PuItUc . Stitt of FlarWa .. · My COIMt. Ex,.,.. New 11, 2011 Commission. DO 1317M .. '... ..., nw..,. fIItiaaII Notary AIM. OMB - MCP#5 IJ < ~ H ~ H ::z:: &1 DEe ~ 3 1993 AIRPORTS 10MB EXHIBIT B FAA RBQU%1lBD LDSI CUUSZI 1. This lease shall ~. sUbject to review and re-evaluatian at the end at each year periacl, by the airport nwnAr and the rent may b. adjusted accordinq to their aC't:icn, not r.o CUte_ad the Consumer Price Index rate durinq the last _, 1IClnt:h period, or; Land 1... ~OVIinUIn1:. will he IIppraiaed every! year. .nd the adjucted ran~al vill be baaed an na~lly 10-12 parcelt: of appzoaiaed value. If cU.sputGd, 1..8Or Q~:c1na appraiaal .~ hi8 exp8n.. and l".~/l..... equally ahAra axp.n.. fQ~ ~yi.v .pp~.i"l tha~ ..bbli.h.. fai:, ..rket: vAlue. z. The tenant tar hilUJ.l~, hi. personal repr..cntat1".c, aUCt;lItl8Qra in inter~1;, and a..iCJNI, u a part of thA cansic1eratlon hereot:, do.. hereby Covenant and a~.. ~hat (1) no parseD an tit. gruw1Cla or ~ace, calor, = national or1;1n sha11 m. 1IXC1udad l.ua pd~tJ.c:j,pa1:1Qn ln, ders1ed the ~n.r1u ot, or ba otherwl.. 8\11)jectecl to discriminat10n in ~ a.. at ..1d taailit!.., (a) that in the construc:t.1on of any 1mprovem8nu on, ova: or under such land and the fUrniShing ot ..rvie.. thereon, \ no par80n on the ground. of race, color, or national arigin shall be excluded trOll participation in, denied the benet1ts ot, or be otherwi.. nbjem:.d to discrimination, (3) that the tenant shall WI. t:be premises in compliance with a11 ather requlraenu imposed by or pursuane to 'I'1tle 49, Code ot Federal Regulations, Department of Transportation, SUbtitl. A, Otr1ce of the secretary, Part 21, Nondiscrimination in Pederally-assisted pro~ama of the Department of Tr~"Rpn~~ton-!tf.ctuation ot Titl. VI at the civil Right:. Act' ot 19ti4 r find aa .. id . Raqulation8 DaY be "8nded. Tha~ in the .V.lIt a~ bzo8ac.b of! any of t:h. &bov. nondiacrimina1:ion aovanant:liI, Airport OWner lIball have ~. right: to tcz-mina1:. 1:11. 1.... and ~o 3:'e-.ni:w and a.. it said lllG88 hGd n.vClZ" been ..de or iDauocl. '1'h. provision -hall not be .ff~iv. until tho proaed~.. o~ Title 49, Code at! FederAl Rf!9ulationa, !'Arl 31 u-o .cul1uwtlu ClUU. c::ompleted includinCJ ex.rei.. OJ:,- expirAt:ian at .ppaal r!ghlM. J · ~ t Shall be a cancl! t1an or thi. lea lie! , L1ul L Lbe 10llsor re..rv.. untD ltsalr, ita successors and assiqns, tor the use ana J:)&net1t ot the pUbl1c, A r1qnt ot t'1i9ht for the passaqs at aircratt in the airspace above the surface of the real property hereinatter descr1ba4, t0gether with the rlqht to cause ill said. Airspace suon noise as may h. inherent in the operation of aircraft, now known or hereatter uSed, far navigation ot or tliqht in tne said airspace, and far u.. ot said airspace tor landinq on, takinq off from or oparat1hq on the airport. That the Tenant expressly agrees tar itself, its SUccessors and assigns, to restrict the heiqht at structurea, object. of natural qrowth and ather obstruct:!ons on the bereinafter cle.cr1hed real property to &uah · hQi.Q'ht &0 .a to coaply with Pederal Aviaticm ";ulationa, Part 71. That tb. La.... expz-...ly .VZ'''' tor ita.1f, ita GucacaaGora Abel a..iCJft8, to pZ'.v.~ any WI. at the hu.in.~tar d..czribad J:8Cal PZ'ClpOt1:y. which wuld in~_~artI with =- culvezo..ly affoat:: 1:110 oparllcian or -inclIIUlnae a~ the airpan, 01:' otbcrwieo oona~i~ut:o an airport hazArd. . 4. Thie lease lU1d 1l1.1 provisLonll hereot are subject cmcl .. lIubortUllate t.u UlIt LIU:.. and c:ancU. tiana ot. the in.t.rwaenta and c!oCWIent. un~ whlub Uw Airport OWner acquired the sUbject ~.rty %ram the OnlLed SLAt... Q~ America and Shall be given only web ettect a. will nat aonr11ct or be 1ncon.i.~.nt with tbe term. and conditions contained in the lease or said lands tram th8 Airport OWner, ancl any ex1.ting or .uII88quen~ amendments thereto, and are &ullj act to any ordinance&, rules or requlat!oJ\8 which have been, or may h.reaf~er be adoptad by the A1rport Owner pertaining to the .1!J A IlATh(J~ AIrport. 5. Hotwithstandinq anvthinq herein contained that may be, or appear to be, to the contrary, it i. expr...ly understood and aQ'reed that the riqhtll ;ranted WIder this aqreBllent are nonexclusive and the Leaaor blll'ain r...rv.. t:h. r1;h-t to ;rant similar priv11a;.. to . anoth.r LeS8~ or other LA_RAAR nn nr.hAr parts ot the airport. RECEIVED DEe 23 1993 AIRPORTS/OMS ~ Division of Community Services ..... RESOLUTION NO. 374 -1990 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- sIoNERs OF MONROE COUNTY, FLORIDA. APPROVING THE REVISED MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES BY FIXED BASE OPERATORS AND OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS. WHEREAS. the Board of County Commissioners of Monroe County, Florida, previous ly approved Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators at the Monroe County Airports, and WHEREAS, the Board of County Commissioners reserves the right to modify these standards from time to time as may be required for the benefit of the general public and for proper and efficient operation of the airports, and WHEREAS, the Board of County Commissioners wishes to revise the minimum standards; now. therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA. that the Board hereby approves and adopts the attached Minimum Standards for Commercial Aeronautical Activities by Fixed Base Operators and other Aeronautical Service Providers at Monroe County Airports. PASSED AND ADOPTED by the Board ~on~ Coun~y, Florida. at a regular tk: N ~n ~ J~t5 day of 4"Ju f> t- o .:...:2 g: ~ -~ l..I. ~ ~ CJ ... ;-')0 ~ '- ex: ~ ,.;: z i:: ~ c) ~ of County Commissioners of meeting of said Board held . A.D. 1990. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA BY: ~~ MAYOR/CHAIRMAN (Seal) At tes t: DANNY L. KOl1HAGE, Clerk APPROVED AS TO FOfl: AND LEGItL sumCIE...'" (\ 1"~~~~~ ,., '\' ...." ". MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES BY FIXED BASE OPERATORS AN~ OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS ~ I. DEFINITIONS A. Aeronautical Activity or Service B. Airport C. Airport Director D. Airport Master Plan or Airport Layout Plan E. Applicant F. Commission G. County Administrator H. Fixed Base Operation I. Minimum Standards J. Person(s) or Provider(s) K. Rules and Regulations II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE III. APPLICATION A. How Made B. Minimum Application Information (1) Applicant (2) Scope of Operations ( 3) Management Capability (4) Financial Responsibility (5) Facilities Proposed (6) Lease Term (s) . " (7) Capital Investment (8) Insurance IV. STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES A. Management B. Financial Responsibility C. Certifications D. Insurance V. FIXED BASE OPERATIONS STANDARDS A. Primary Services B. Secondary Services (1) General (2) Flight Instruction (3) Aircraft Charter, Air Taxi and Sightseeing Services C. Exclusions (1) Ground Transportation For Hire (2) Western Union and/or Other Commercial Telecommu- nications Services (3) Auto Rental Services (4) News and Sundry Sales (5) Barber, Valet and Personal Sales (6) Wholesale or Retail Sale of Non-aviation Products (7) Automotive Gasoline Station (8) Automotive or Marine Maintenance and Repair Services D. Detailed Requirements (1) Investment (2) Premises (3) Construction (a) Tiedowns (b) Hangars (c) Auto Parking 2 . " (d) Site Plan (e) Utilities (f) Building Codes, Permitting Requirements, Reg- ulations and Standards (g) Final Approval Authority (4) Sale of Aviation Petroleum Products, Ramp Service, and Storage (a) Aircraft Parking Apron and Service Ramp (b) Fuel Tank Farm and Refuelers (c) Pumping Equipment (d) Hours of Operation (e) Terminal Building Facilities ( f) Ground Rods (9) Flight Line Repairs (5) Insurance (a) General (b) Fire, Extended Coverage, and Vandalism (c) Indemnity (d) Property Damage Liability (e) Performance Bond (6) Fees (a) Fuel Flowage Fees (b) Airport Usage Fee 1. Gross Receipts (7) Term of Lease VI. PARTIAL OR INDIVIDUAL AERONAUTICAL SERVICES A. Flight Instruction and Aircraft Rental Services (1) Personnel and Certifications (2) Aircraft and Equipment (3) Facilities (4) Obligations and Responsibilities 3 VII. VIII. IX. (5) Insurance B. Non-Scheduled Aircraft Charter, Air Taxi, and Sightseeing Services (1) Personnel and Certifications (2) Aircraft and Equipment (3) Facilities (4) Insurance C. Aircraft Sales (1) Sales or Distributorship Franchise Agreement (2) Personnel, Certifications, and Hours of Operation (3) Customers and Warranty Services (4) Facilities (5) Insurance D. Aircraft, Engine, Propeller, and Accessory Maintenance Services (1) Equipment, Personnel, and Certifications (2) Additional Services (3) Facilities Required by Primary and Secondary Ser- vices Fixed Base Operators (4) Facilities Required by Individual Providers (5) Insurance E. Avionics and Instrument Repair Services (1) Facilities (2) Equipment, Personnel, and Certifications (3) Insurance F. Other Commercial Aeronautical Activities BACKGROUND INVESTIGATION RIGHT TO MODIFY PRECEDENCE 4 MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES BY FIXED BASE OPERATORS AND OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS The Monroe County Board of County Conunissioners, recognizing the need for orderly development of its airports and the necessity of protecting the public health, safety, and interest in the county airports, hereby promulgates and adopts the following procedures and minimum standards for the use of any land or facility on said airports. I. As used herein, the following terms shall have the mean- ings indicated: Definitions A. Aeronautical Activity or Service. Shall mean any activity or service whether or not conducted on or off airport property which involves, makes possible, supports, or is required for the operation of air- craft or which contributes to, or is required for, the safety of such operations and shall include, but not by way of limitation, all activities or services conunonly conducted on airports, such as: Charter operations, air taxi, pilot training, aircraft rental, sightseeing, aerial photography, crop dust- ing, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales and service, sale of aviation petroleum products, whether or not conducted in conjunction with other included activi- ties or services, repair and maintenance of aircraft, sale of aircraft, parts, sale or maintenance of aircraft accessories, radio communication and 5 navigation equipment, and any other activity which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity or service. B. Airport. Shall mean any airport owned and operated by Monroe County. C. Airport Director. Shall mean the Monroe County Director of Airports. D. Airport Master Plan or Airport Layout Plan. Shall mean the currently approved scaled dimensional layout of the entire airport property indicating current and proposed usage for each identifiable segment as approved by the Commission and amended from time to time. E. Applicant. Shall mean any person(s), firm, general or limited partnership, corporation, trust or associ- ation, making application for, leasing or using any land or facility at the airport for the conduct of a commercial aeronautical activity. F. Commission. Shall mean the Monroe County Board of County Commissioners. G. County Administrator. Shall mean the administrator of Monroe County. H. Fixed Base Operation. Shall mean the person(s) engaging in Primary Commercial Support Services, at a minimum, as described in Section V.A. I. Minimum Standards. Shall mean the qualifications established herein, as amended from time to time by the Commission upon recommendations of the County Administrator and/or the Airport Director, setting forth the minimum requirements to be met as a 6 . " III. condition for the right to conduct any aeronautical activity on the airports. J. Person(s) or Provider(s). Shall mean any person(s), firm general or limited partnership, corporation, trust or association leasing or using any land or facility at the airport for the conduct of a commer- cial aeronautical activity. K. Rules and Regulations. Shall mean the rules and regulations as may be promulgated from time to time by the Commission to protect the public health, safety, interest, and welfare on Monroe County's Airports, and to augment the ordinances and resolu- tions pertaining to the airport. II. Special Restrictions on Airport Land and Facility Use No person shall be granted the right to conduct any commer- cial aeronautical activity upon the airport, nor shall any person be permitted to use any land or conduct any commer- cial aeronautical activity or the solicitation of business in connection therewith, unless such aeronautical activity is conducted in accordance with the standards herein established and as hereinafter may be amended from time to time by the Commission and the issuance of the proper permi ts, licenses, and/or the execution of a valid con- tract or agreement with Monroe County to conduct such activities with the county. Application A. How Made. Applications for the lease of ground and/or facilities on the airport or for permission to 7 . " carryon any commercial business or aeronautical activity on the airport with the necessary permits and license shall be made to the Airport Director. The Airport Director shall thereafter present the application to the Commission. The applicant shall submit all information and material necessary, or requested by, the Commission to establish to the satisfaction of the Commission that the applicant will qualify and will comply with these standards, rules and regulations. The application shall be signed and submitted by a party owning an interest in the business, or the individual who will be managing the business, or a partner of a partnership, or a director or an officer of a corporation. B. Minimum Application Information. The Commission will not accept or take action on any reques t to lease building space or land area or in any way permit the installation of a commercial activity until after the proposed lessee, in writing, submits a proposal which sets forth the scope of operation he proposes, including the following: 1. Applicant. The name and address of the appli- cant. 2. Scope of Operation. Description of proposed land use area or facility sought and/or con- struction and service activities proposed. 3. Management Capability. The names and qualifica- tions of the key management and operating personnel to be involved in conducting such activity. 8 . " 4. Financial Responsibility. A certified financial statement prepared by an independent accountant or an irrevocable letter of credit from a recognized financial institution supporting the responsibili ty and ability of the applicant to provide the facilities and perform the activi- ties sought for a minimum of one (1) year1 together with a Pro Forma operating statement for the year. The Commission shall be the sole judge of what constitutes adequate financial capacity. 5. Facilities Proposed. The facilities, tools equipment, and inventory, if any, proposed to be furnished in connection with such activity. 6. Lease Terms(s). The requested or proposed date of commencement of the activity, and the term(s) of conducting s~e. 7. Capital Investment. The estimated cost of any structure or facility to be furnished, the proposed specifications for same, the means or method of financing such construction or acqui- sition of facilities, and the schedule of capital investment. s. Insurance. The specific types and amounts of insurance proposed in accordance with minimum requirements for the activity. IV. Standard Requirements for all Aeronautical Activities Every applicant for permission to conduct aeronautical activities at the airport shall satisfy the Commission that he meets the following requirements: 9 . " A. Management. That such applicant has a history of management ability in conducting the same or similar or comparable type of service or activity in a good and workmanlike manner. B. Financial Responsibility. That such applicant has the financial responsibility and ability to provide the facilities and services proposed. C. Certifications. The applicant has or can reasonably secure necessary certificates from the FAA or other authority required for the activity proposed. D. Insurance. That the applicant has or can furnish suitable indemnity insurance or bond to protect and hold harmless Monroe County from any liability in connection with the conduct of the activity proposed. v. Fixed Base Operations Standards The following standards described herein are established by the Commission as the minimum requirements with which any Fixed Base Operator working to establish a full service commercial aviation facility at a Monroe County Airport must comply. It is understood that only minimum standards are outlined herein and that any applicant wishing to establish a Fixed Base Operation at a County airport must negotiate a lease agreement with the Commis- sion which will contain additional contractual provisions that are not described herein. A. Primary Services. Primary commercial aeronautical support services shall consist of those services rendered directly to general aviation aircraft, which are identified as all aircraft using the airport except the aircraft of certificated air carriers who are tenants of the airport. Such services must 10 . " include, but not be necessarily limited to, aircraft arrival guidance; flight line servicing, including the sale and enplaned delivery of aviation fuel and petroleum products; providing minor airframe, power plant, and avionics maintenance service to aircraft and aircraft equipment and accessories as from time to time may be required by aircraft operating or based at the airport; ramp assistance to aircraft, including aircraft parking, storage, and tiedown services; gratuitous passenger transportation servic- es between the demised premises and other places of origin and destination on the airport for lessee's patrons arriving in non-commercial aircraft; provid- ing emergency service to disabled aircraft on the airport, including towing or transportation of disabled aircraft having a gross landing weight not in excess of 12,500 pounds to the demised premises at the request of the owner or operator of the disabled aircraft or the Airport Director. B. Secondary Services. In addition to the foregoing, the Fixed Base Operator may provide Secondary Commer- cial Aeronautical Support Services. It is understood that providing these services by the Fixed Base Operator is strictly at his own election. However, if he so elects, he must comply with the minimum standards outlined below. A Fixed Base Operator providing these additional services will be offered a longer lease term than a Fixed Base Operator provid- ing only Primary Services. The Secondary Commercial Aeronautical Support Services shall consist of those services generally offered at any airport which are 11 . " not classified as being in primary support of air- craft using the airport. Such services shall include but not be limited to: 1. General. Providing major airframe, power plant, avionics maintenance service to aircraft and aircraft equipment and accessories as is from time to time required by aircraft operating or based at the airport: charter or rental of aircraft, with or without pilot1 air taxi service: sightseeing services1 cargo handling: the sale or brokerage of new or used aircraft parts and accessories: meteorological services, aerial photography and surveying 1 the mainte- nance and servicing, including fueling, of aircraft ground servicing equipment of other tenants of the airport1 and the sale from vending machines or similar facilities located within the demised premises of convenience foods, amenities, and non-alcoholic beverages, provided that such sales shall be limited to aeronautical customers of lessee, and shall not be made in the form of a restaurant operation, and shall be strictly limited to vending ma- chines or similar facilities for the convenience of other than airline passengers. 2. Flight Instruction. The operation of an FAA approved flight school so as to provide instruc- tion from primary flight training through and including qualifying for an A.T.R. 12 . " 3. Aircraft Charter, Air Taxi and Sightseeing Services. Providing pilots for the operation of aircraft owned by others and to carry passengers and freight for hire, on a non-scheduled basis, which shall include sightseeing privileges, subject to all appropriate laws and regulations of the Federal Government, the State of Florida, the requirements of the FAA, or any other duly authorized governmental agency. C. Exclusions. The following concessions and the establishment thereof shall be specifically excluded from the lease of any Fixed Base Operator: 1. Ground transportation for hire 2. Western Union and/or other commercial telecommu- nications services 3. Auto rental services 4. News and sundry sales 5. Barber, valet and personal sales 6. Wholesale or retail sale of non-aviation prod- ucts 7. Automotive gasoline station 8. Automotive or marine maintenance and repair service for vehicular or marine equipment of the general public or other tenants of the Airport D. Detailed Requirements. A Fixed Base Operator wishing to engage in a business on the airport, which must include all of the services classified as primary and may include secondary commercial aeronautical support services hereinbefore described, will also be re- quired to meet the following detailed requirements: 13 1. Investment. The minimum investment in facili- ties, tools, and equipment excluding aircraft to provide Primary Services at the airport is $300,000, part of which may be satisfied by the leasing of existing facilities, the value of which shall be determined by the commission. The minimum investment in facilities, tools, and equipment to provide Secondary Service is an additional $300,000. 2. Premises. Each Fixed Base Operator must lease a minimum of two (2) acres of airport property for Primary Service and an additional one (1) acre for Secondary Services in the area designated by the Commission. This requirement may be modi- fied based upon availability of land. 3. Construction. a) Tiedowns. Tiedown facilities must at all times be provided for a number of aircraft at least equal to the number, type and size of aircraft owned by the operator and/or based at the operator's facilities, plus an additional minimum of thirty (30) tiedown facilities for transient aircraft. This requirement may be modified based upon availability of land. b) Hangars. Hangars constructed or leased from the Commission for the rental of space for aircraft storage or for aircraft and engine repair, shall not be less than 4800 square feet in floor area. The quality and design of all hangars to be constructed is 14 subject to approval by the Commission prior to construction. c) Auto Parking. A hard surfaced automobile parking area, adjacent to the main build- ing, with a minimum of twenty spaces will be required, subject to availability of land. d) Site Plan. All site, building and facili- ties location, plans for the area leased must be reviewed and approved by the Airport Director. e) Utilities. All proposed utilities to be brought into the property must be reviewed and approved by the Airport Director. f) Building Codes, Permitting Requirements, Regulations and Standards. All construc- tion, including facility installations and building structures must comply with all appropriate local, state, and federal building, structural, electrical, HVAC, plumbing, mechanical, fire, flood, and health protection codes, permitting re- quirements, regulations and standards as applicable and established by the appropri- ate governmental agencies. g) Final Approval Authority. All of the proposed construction and improvements will be subject to the final approval authority of the Commission. 4. Sale of Aviation Petroleum Products, Ramp Service and Storage. A Fixed Base Operator is 15 . " authorized to receive, store, and dispense at retail; aviation fuel, oil, and other aviation petroleum products. The following minimum services are to be provided: a) Aircraft Parking Apron and Service Ramp. Lease from the Commission or provide with the approval of the commission a minimum of two (2) acres (subject to availability of land) of Portland Cement Concrete or asphalt paved areas with tiedown facilities as described in Section V.D. (3) (a) for based and transient aircraft parking apron with access or accesses to taxiways. The type of pavement and pavement section thickness shall be determined by the Airport Director. The minimum area of the corresponding transient or service ramp shall be approved by the Commission. b) Fuel Tank Farm and Refueling Vehicles. Provide and maintain a minimum of 20,000 gallons aviation fuel storage capacity, meeting all applicable local, state, and federal safety and permitting requirements in a location acceptable to the Commission, for each grade of aviation fuel usually required for aircraft using the airport. In this regard 100 octane aviation gasoline and Jet A aviation kerosene base fuel, shall be available at all times. FBO shall operate and maintain in good condition an adequate number of aircraft refueling 16 . " vehicles for each type of product sold. Each refueling vehicle shall be of adequate volume and pumping capacity to sufficiently service these aircraft normally using the airport. c) Pumping Equipment. Provide and maintain pumping equipment meeting all applicable local, state, and federal safety and permitting requirements with reliable metering devices subject to state and independent inspection and with a pumping efficiency and capacity capable of servic- ing those aircraft normally using the airport. d) Hours of Operation. Have personnel on duty at all times during normal business hours of 0800 to 1800 seven days a week and at such other times as is necessary to satisfy reasonable demands for aircraft services. e) General Aviation Terminal Building Facilities. Construct in a location approved by the Commission, or lease from the Commission building space with a minimum of 600 square feet, comfortably heated and air conditioned with waiting rooms for passengers and crew of aircraft, including sanitary restrooms and public telephone. Design and construction plans for the facility must be reviewed, approved, and/or permitted by all applica- ble local, state, and federal agencies, and 17 . " approved by the Commission prior to con- struction of the facility. f) Ground Rods. Install at all fixed fueling locations adequate grounding rods to reduce the hazards of static electricity. g) Flight Line Repairs. A Fixed Base Operator shall demonstrate a capability to perform minor aircraft and engine repairs of the type generally known as flight line re- pairs. 5. Insurance. a) General. A Fixed Base Operator shall maintain all required insurance and bonds with insurance underwriters authorized to do business in the State of Florida satis- factory to the Commission. All policies shall name Monroe County, as additional insured. The Fixed Base Operator shall furnish the Commission with a certificate of insurance showing such insurance/bonds to be in full force and effect during the entire term of the contract. All policies shall contain a provision that written notice of cancellation or any material change in the policy by the insurer will be delivered to the Airport Director thirty (30) days in advance to the effective date of such cancellation or change. b) Fire, Extended Coverage and Vandalism. The Fixed Base Operator shall at its sole cost . and expense, cause all improvements on the 18 . " demised premises to be kept insured to the full replacement value thereof, against the perils of fire, extended coverage, and vandalism and in the amounts customary against the perils of explosion from boilers and pressure vessels, sprinkle leakage and like perils. The proceeds of any such insurance paid on account of any of the perils aforesaid, shall be used to defray the cost of repairing, restoring or reconstructing said improvements. c) Indemnity. The Fixed Base Operator shall assume all risks incident to, or in connec- tion with, its business to be conducted and shall be solely responsible for all acci- dents or injuries of whatever nature or kind to persons or property caused by its operations at the airport, and shall indemnify, defend and harmless Monroe County, . its elected and appointed offi- cials, employees, authorized agents and representatives from any penalties for violation of any law, ordinance or regula- tion affecting its operation, and from any and all claims, suits, losses, damages or injuries to persons or whatsoever kind of nature arising directly or indirectly out of such business, or resulting from the carelessness, negligence, or improper conduct of the Fixed Base Operator, or any of its agents or employees. 19 . " d) Commercial General Liability. The Fixed Base Operator will be required to provide Commercial General Liability Insurance in the amount of not less than $1,000,000 combined single limit, which shall apply with respect to liability because of injury to persons or destruction of aircraft or aircraft parts, including the loss of use of aircraft, which are the property of others and are in the custody of the Fixed Base Operator for storage, repair or safekeeping in or on the airport. At all times during the term of the lease the limit of liability must be such that in the event of a loss the Fixed Base Operator will be completely insured with respect to anyone accident. In accordance with paragraph SC, Indemnity. e) Performance Bond. Prior to the commence- ment of any construction a Fixed Base Operator will provide and deliver to the Commission a Performance Bond in the amount of the budget estimate for all construction costs, which shall be conditioned upon the full and faithful performance by the Fixed Base Operator of all duties, responsibili- ties and obligations to design and con- struct all building, hangar and/or associ- ated facilities herein required. 20 6. Fees. In addition to land rental and other fees established during lease negotiations, the Commission may, from time to time, establish other fees such as: a) Fuel Flowaqe Fees. If Monroe County so elects to establish a fuel flowage fee, the Fixed Base Operator will pay the county the fee for aircraft fuel pumped into aircraft for any purpose, except for that fuel pumped into aircraft exempt from fuel flowage fees pursuant to agreement with Monroe County, the terms to be finalized at the time of establishment. b) Airport Usage Fee. Monroe County may also elect to establish an airport usage fee. In that event, the Fixed Base Operator will be required to pay the fee based on a percentage of the Gross Receipts (hereinaf- ter defined) received by the Fixed Base Operator from all commercial operations conducted on, in or from the leased premis- es, the terms to be finalized at the time of lease negotiations. (1) Gross Receipts. The term "Gross Receipts. shall consist of all revenue received or realized by or accruing to the Fixed Base Operator from all sales, for cash or credit, of servic- es, products or other merchandise made pursuant to the privileges authorized by its agreement with the county, 21 . " excluding revenue derived from the sale of aircraft fuels. All revenues shall be deemed to be received at the time of the determination of the amount due the Fixed Base Operator for each transaction, whether for cash or credit, and not at the time of billing payment. Any taxes imposed by law which are separately stated and paid for by the customer, and which are directly payable to the taxing author- ity by the Fixed Base Operator, shall be excluded from the receipts of the Fixed Base Operator for the computa- tion of the percentage assessment. 7. Term of Lease. The lease term that will be granted to a Fixed Base Operator meeting all of the standards for providing Primary Services hereinbefore set forth will be for a period of five (5) years with an option to renew for one (1) additional five (5) year period, subject to renegotiations of fees and charges in addition thereto. The contract amount agreed to herein may be adjusted annually in accordancewith the percentage change in the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and shall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. A Fixed Base Operator providing Secondary Service will be allowed the option to 22 . " renew for two additional five (5) year periods, also subject to the renegotiation of fees and charges in addition thereto. VI. Partial or Individual Aeronautical Services In the event a person desires to establish a business on a Monroe County Airport which includes only a part of the elements of primary and/or secondary commercial aeronautical support services, excluding sale of aviation fuel, as herein before defined, such person, will be required to negotiate a lease with the Commission upon terms, conditions, and standards necessary for the protection of the public health, welfare, and safety. In order to provide partial or individual aeronautical services, it will be necessary to meet the minimum requirements listed under the specific category as described below. In addition to the providers of individual services, all Fixed Base Operators providing these services must also meet the minimum requirements. A. Flight Instruction and Aircraft Rental Services. A provider in this category is authorized to carry on flight and ground school instruction and to rent aircraft. The following is required: 1. Personnel and Certifications. Have available on a full time employment basis a minimum of one (1) pilot appropriately rated, and with all applicable and current Federal Aviation Administration Instructor pilot and Federal Aviation Administration approved Medical Certificates and possess all the required Federal Aviation Administration approvals for 23 , " ground school curriculum. 2. Aircraft and Equipment. Provide and at all times maintain, in accordance with FAA require- ments, a minimum of one (1) aircraft owned or leased by and under the exclusive control of the Provider, which is properly equipped as required by the FAA regulations and is certified for flight instruction and rental. 3. Facilities. Construct in a location directed by the Commission or lease from the Commission for his exclusive use, a minimum of 500 square feet of classroom and/or office space, to include restrooms, unless same are provided under other categories in a multi-category service. Design and construction plans must meet the Detailed Requirements described in V.D(3) (d), (e), (f) and (g.). 4. Obligations and Responsibilities. Obligation and responsibility for determining that personnel operating rental aircraft obtained from the Provider have appropriate and current FAA Pilot licenses, ratings, approved Medical Certificates, and are capable of operating the aircraft to be rented or leased, and knowledgeable of all applicable airport rules. 5. Insurance. Furnish required insurance as described in Section V.D.(5) (a), (b), (c), (d) and (e). B. Non-Scheduled Aircraft Charter, Air Taxi and Sight- seeing Services. A Provider in this category is authorized to operate a non-scheduled charter service 24 . " and non-scheduled air taxi service. Copies of all applicable certificates required of the ,Provider by the FAA shall be provided to the Conunission. In addition, the Provider shall meet the following minimum requirements: 1. Personnel and Certifications. Have available on a full-time employment basis a minimum of one or two FAA certified pilots with current commercial and instrument ratings and appropriate and current FAA approved Medical Certificates as crew for his aircraft. The number depends on the type of aircraft used. 2. Aircraft and Equipment. Provide and at all times maintain a currently certified and contin- uously airworthy aircraft owned or leased by the under the exclusive control of the Provider, properly certificated and equipped for air charter or air taxi service as required by current FAA regulations. 3. Facilities. Construct a building in a location directed by the Commission or lease from the Commission for his exclusive use, a minimum of 500 square feet in a building to provide for waiting and checking in of passengers, handling of luggage, restroom facilities and public telephone, (unless restrooms and telephone are provided under other categories in a multi-category proposal), plus must provide satisfactory parking and ground transportation. Design and constructions plans for such 25 . " facili ties must meet the Detailed Requirements described in V. D. (3) (d), (e), (f) and (g). 4. Insurance. Furnish required insurance as described in Section V. D. (5) (a), (b), (c), (d) and (e). C. Aircraft Sales. A Provider in this category is authorized to conduct an aircraft sales operation. In this category, the Provider shall meet the follow- ing minimum requirements: 1. Sales or Distributorship Franchise Agreement. Have a sales or distributorship franchise agreement from an aircraft manufacturer or a substi tute arrangement satisfactory to the Commission. 2. Personnel, Certifications and Hours of Opera- tion. Have available during normal working hours of 0800 to 1800. FAA certificated and currently airworthy aircraft for sale and demonstration, with a minimum of one (1) fully qualified demonstrator pilot employed with current and appropriate FAA pilot ratings and FAA approved medical certificates. 3. Customer and Warranty Services. Provider must be able to offer customer and warranty services for any new aircraft purchased as a part of the sales or distributorship franchise agreement with the manufacturer. 4. Facilities. Construct where directed by the Commission, or lease from the Commission, for his exclusive use, a minimum of 500 square feet of office space to include restroom facilities. 26 . " The design and construction plans for this building must meet the Detailed Requirements described in Section V.D. (3) (d), (e), (f) and (g) . 5. Insurance. Furnish required insurance as described in Section V. D. (5) (a), (b), (c), (d) and (e). D. Aircraft, Enqine, Propeller, and Accessory Mainte- ~ Services. A Provider in this category is authorized to operate an aircraft, engine, propeller, and accessory maintenance and overhaul facility. The fOllowing services are to be provided: 1. Equipment, Personnel and Certifications. Furnish facilities and equipment for airframe and power plant repairs, and employ sufficient qualified and certified A & P mechanics and such other personnel to adequately serve the flying public. Depending upon level (i.e. Individual, Primary, or Secondary) such airframes and power plant repair shall include facilities for both major and minor repair of aircraft airframes and power plants used in general aviation in Monroe County. 2. Additional Services. If required, demonstrate the ability to and assume responsibility for promptly removing from the public landing area as soon as permitted by cognizant FAA and Civil Aeronautical Board Authorities, any disabled aircraft upon request by the aircraft owner or the Director of Airports. 27 . " 3. Facilities Required by Primary and Secondary Services Fixed Base Operators. For primary and secondary service Fixed Base Operators, con- struct in a location directed by the Commission or lease from the Commission for his exclusive use a minimum of 4800 square feet of hangar space, and a minimum of 1000 square feet of office, shop and storage space, plus sufficient ramp space adjacent to the hanger for aircraft parking. Design and construction must meet the Detailed Requirements described in Section V.D. ( 3) ( d), ( e), ( f) and ( g) . 4. Facilities Required by Individual Providers. Individual providers of these services must construct or lease in a location directed by the Commission for his exclusive use 3000 square feet of hangar space, and a minimum of 300 square feet of office, shop and storage space, plus sufficient tiedown space in proximity of the hangar for aircraft parking. Design and construction must meet the Detailed Requirements described in Section V.D. (3) (d), (e), (f) and (g) . 5. Insurance. Furnish required insurance as described in Section V. D. (5) (a), (b), (c), (d) and (e). E. Avionics and Instrument Repair Service. A Provider in this category is authorized to operate a avionics and instrument repair station. The following minimum services shall be provided: 28 . " 1. Construct in a location directed by the Commis- sion or lease from the Commission for his exclusive use a minimum of 500 square feet of shop and storage space, and, if available, sufficient ramp space adjacent to the facility for the parking of aircraft and/or storage and aircraft being worked on. Otherwise, provider must make satisfactory arrangements, acceptable to the Commission, for access to and/or storage of aircraft being worked on. Design and con- struction plans to be completed by the Provider shall meet the Detailed Requirements described in Section V.D. (3) (d), (e), (f) and (g). 2. Have available on a normal full-time basis FAA certificated technicians in the field of air- craft electronics and aircraft instruments repair, wi th proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver and antennae repair. F. Other Commercial Aeronautical Activities. All commercial activities not covered by the foregoing, shall be subject to specific agreements and approval by the Commission. Prior to the consideration by the Commission of such activities, a letter of applica- tion, explaining in detail the nature of the opera- tion shall be submitted to the Airport Director by the prospective tenant who shall determine the requirements for such activities and notify the prospective tenant thereof. The Commission may designate the location and size of areas in which any commercial activities may be carried on and the 29 . " VII. VIII. IX. Commission may enter into a lease or agreement with such applicant authorizing and permitting him to function on the airport. No such commercial activity shall be started or conducted without written permis- sion from the Commission. Background Investigation All persons desiring to establish a business at a Monroe County Airport will be subject to the investigation of their aviation experience, financial ability, credit rating and other conditions usually used in good business practice to determine a person's ability to perform and fulfill the requirements of a contract of lease. Right to Modify The Commission reserves the right to modify these standards from time to time as may be required for the benefit of the general public and for proper and efficient operation of the airport. Precedence In the event of any conflict between the terms of these minimum standards and the provisions of any lease, the provisions of the lease shall be controlling. 30 . " National Hangar Insurance Program P.O.Box 3142 Tulsa,Oklahoma 74101-3142 Phone 80(1-999-6447 Fax 918-584-8811 Evidence of Property Insurance Code Key: 15471 10-17-2008 This is evidence that insurance as identified below has been issued,is in force,and conveys all the rights and privileges afforded under the policy. Producer: Issuing Company: Travelers Indemnity Coin Aviation Insurance Agency-FL Policy Number: 7383M243 2580 S.E. Aviation Way, Ste. Certificate Number: 15471 Stuart FL 34996 Certificate Issue Date: 10-17-2008 Insured Name: Effective Date: 09-30-2008 Antique Aircraft Restoration,Inc. Rvpiring Date: 09-30-2009 506 106th Street Time: 12:01am Marathon FL • 33050 Property Information: Marathon Airport 506 106th Street Marathon FL 33050 Exposure Information Loc Bldg Coverage Value Deductible 1 1 BUILDING $585,000 $1,000 1 1 TOOLS $40,000 $1,000 1 1 YBPP-PARTS $20,000 $1,000 Full Name LP/AI Monroe County Board of County Commissions,its Employees and Officials. 'The Policy is subject to the premiums,forms and rules in effect for each policy period. Should the policy be terminated,the company will give the additional interest identified below 30 days written notice,and will send notification of any changes to the policy that would affect that interest,in accordance with the policy provisions or las required by law. Loss Pavee/AI Authorized Representative: Monroe County Board of County Commissions. Its Emp 1100 Simonton Street. Rm 268 (©.�a/w/69. Key West.FL 33040 \?( UYea( It) Page 1 CERTIFICATE OF INSURANCE CERTIFICATE DATE: 10/01/2008 Revised CERTIFICATE NU_NIBERI o8-91wc.___,. .. CERTIFICATE HOLDER: POLICYHOLDER: 1 t RE�l�IU� D Monroe County Board Of County Commissioners Antique Aircraft Resloratiorr lnc. —-- —1 It's Employees and Officials 506 106th Street • 1 100 Simonton Street,Room 268 Marathon, FL 33050 OCT 2 1 ' 'r Key West, FL 33040 This is to certify that the following policy(s),subject to the terms,conditions.limitations and endorsements contoured them r,an t.dusing-thNir-effeeth' 'pert d,have)een issued by the company(s)indicated below. In the event of material change or cancellation of said policy(s),the company will ende$3dr`:foiioGf}_!lht�'Certtficate holder,but failure to do so shall impose no liability or obligation of any kind upon the undersigned or the company(s)involver. k,';.?:i; A;l 41i';r'T� Policy Type: WORKERS COMPENSATION Insurance Company: United States Aviation Underwriters/Wausau Policy Number: WCC-Z91-450563-018 Policy Period: October I,2008 to October I,2009 . EMPLOYER'S LIABILITY-Bl BY ACCIDENT $1,000,000 Each Accident EMPLOYERS LIABILITY-BI BY DISEASE $1,000,000 Eacii Employee!$I,000,G3;. Policy Limit WORKERS'COMPENSATION COVERAGE Statutory Limits THE FOREGOING EVIDENCE OF COVERAGE IS NOT VERBATIM OF POLICY CONDITIONS, LIMITATIONS OR LANGUAGE; THE POLICY(S)REPRESENTED BY THIS CERTIFICATE ARE NO7'AMENDED IN ANY WAY UNLESS SO STATED ON THIS CERTIFICATE. q): Call-11— . 1 t \Lee, (0 , ct. NOTICE OF CANCELLATION: IN THE EVENT OF MATERIAL CHANGE OR CANCELLATION OF SAID POLICY(S),THE COMPANY(S)SHALL ENDEAVOR TO GIVE 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER WITH THE EXCEPTION OF A 10 DAY NOTICE FOR NON-PAYMENT OF PREMIUM. Aviation Insurance Agency, Inc. 2580 S.E. Aviation Way, Suite 101 n/ Stuart, FL 34996 .,Q �Y�I.CLPJ www.avnins.com Telephone(772)286-0626—Facsimile(772)286-1 108 Authorized Signature - r POLICY NO.: NAF3050625 ATTACHED TO CERTIFICATE# RECEIVED CERTIFICATE OF INSURANCE OCT 2 1 2C., THIS IS TO CERTIFY TO: Monroe County Board of County Commissioners, its Employees and Offici Is 1100 Simonton Street, Room 268 MONROE COUNTY Key West, FL 33040 _ 171`:,K MANAGEMENT THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO: Antique Aircraft Restoration, Inc. 506 106th Street Marathon, FL 33050 POLICY NUMBER: NAF3050625 POLICY PERIOD: From September 6, 2008 To September 6, 2009 INSURANCE COMPANY: XL Specialty Insurance Company DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which is incorporated as a part hereof. Coverage includes On-Premises Automobile Liability As respects the above certificate holder: SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization, but only with respect to liability arising out of the Named Insured's aviation operations. The certificate holder is also provided with a Hold Harmless and Indemnification provisions as respects the oprations of the Named Insured. Subject to Date Change Recognition Endorsement. Data included in this Certificate valid as of October 9, 2008. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policies. Should the described policy be cancelled before the expiration date hereof,the issuing company will endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein. However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the Company, its representatives or agents. By: hbrOk*AjDate of Issue: October 17, 2008 W. Brown &Associates Insurance Services Certificate No.: 3 I Certificate# 3 `l • I Page 1 of 2 ak) \10,1, e • POLICY NO.: NAF3050625 ATTACHED TO CERTIFICATE#1 SCHEDULE OF LOCATIONS Location of Aviation premises owned, rented to or occupied by the Named Insured: 10090 Overseas Highway, Marathon, FL 10600 Aviation Blvd., Marathon, FL Marathon Airport, Marathon, FL Including those airport premises necessary and incidental to the Aviation Operations of the Named Insured Type of Coverage: LIMITS OF LIABILITY General Aggregate Limit(Other than Products-Completed Operations and Hangarkeepers') $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal Injury&Advertising Injury Aggregate Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit(Any One Fire) $50,000 Medical Expense Limit(Any One Person) $1,000 Each Occurrence $5,000 Hangarkeepers' Each Loss Limit $1,000,000 Hangarkeepers' Each Aircraft Limit $500,000 Hangarkeepers' Deductible Each Occurrence See Below Hangarkeepers' Deductible(s): $5,000. per aircraft/$10,000. as respects jet and turbine-powered aircraft Property Damage Deductible(s): $5,000. per claim/$10,000. as respects jet and turbine-powered aircraft Certificate# Page 2 of 2