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Item C43 C.43 BOARD OF COUNTY COMMSSIONERS County of Monroe f Mayor Heather Carruthers,District 3 h} ] Mayor Pro Tem Michelle Coldiron,District 2 The Florida Keys Craig Cates,District 1 =E �j David Rice,District 4 `w'P•=w Sylvia J.Murphy,District 5 County Commission Meeting October 21, 2020 Agenda Item Number: C.43 Agenda Item Summary #7463 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland(305) 809-5200 No AGENDA ITEM WORDING: Approval to update the existing Master Fixed Based Operation (FBO) Lease Agreement between Monroe County and Grantair Service, Inc. and Marathon Aviation Associates, consolidating previous lease amendments and extending the lease term to October 31, 2054 if the FBO completes construction of the New Fuel Farm and Hangar Complex at the Florida Keys Marathon International Airport by October 31, 2024. ITEM BACKGROUND: In 1998, the County and the FBO's sub-landlord Grantair Service, Inc. entered into a 20-year Marathon Fixed Base Operator agreement at the Florida Keys Marathon International Airport. The original leasehold has been subleased to Marathon Aviation Associates and amended 10 times. In order to provide clarity and ease of reference, the parties desire to terminate all previously executed documents and consolidate all of the terms, covenants and conditions into a single master lease document. PREVIOUS RELEVANT BOCC ACTION: Original 20-year Marathon Fixed Base Operator agreement approved April 10, 1998, and amended on June 21, 2001 (First amendment), September 19, 2001 (Second amendment), July 17, 2002 (Third amendment), September 18, 2002 (Fourth amendment), March 17, 2004 (Fifth amendment), September 28, 2005 (Sixth amendment), February 21, 2007 (Seventh amendment), April 21, 2010 (Eighth amendment), August 17, 2016 (Ninth amendment) and July 17, 2019 (Tenth Amendment) CONTRACT/AGREEMENT CHANGES: new FBO Agreement STAFF RECOMMENDATION: Approval. DOCUMENTATION: MTH - Grantair FBO (Marathon Aviation Associates) -Replacement master lease 10.2020 FINANCIAL IMPACT: Packet Pg. 1432 C.43 Effective Date: November 1, 2020 Expiration Date: October 31, 2054* *If FBO completes construction of new fuel farm and hangar complex by October 31, 2024 Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Yes If yes, amount: $7,269.44/mo. plus tax for the premises described in Exhibit A and $1,023/mo. plus tax for the premises described in Exhibit B, which shall increase to $4,278.50 per month plus tax upon completion of the new fuel farm and hangar complex Grant: County Match: Insurance Required: Yes Additional Details: REVIEWED BY: Beth Leto Completed 10/06/2020 1:26 PM Richard Strickland Completed 10/06/2020 1:26 PM Pedro Mercado Completed 10/06/2020 1:46 PM Purchasing Completed 10/06/2020 1:48 PM Budget and Finance Completed 10/06/2020 2:23 PM Maria Slavik Completed 10/06/2020 2:42 PM Liz Yongue Completed 10/06/2020 3:53 PM Board of County Commissioners Pending 10/21/2020 9:00 AM Packet Pg. 1433 C.43.a r_ MARATHON FIXED BASE OPERATOR(FBO) AGREEMENT MONROE COUNTY MARATHON AVIATION ASSOCIATES,LLC 0 This Agreement is made and entered by Monroe County, a political subdivision of the `U State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 (hereafter CU "County"), and Grantair Service, Inc., a Florida corporation whose principal address is 8800 Overseas Highway,Marathon,Florida 33050("Grantair"), and Marathon Aviation Associates,LLC, a Florida limited liability company whose address is 8800 Overseas Highway, Marathon, Florida CD 33050 (the"FBO").. WHEREAS, on April 10, 1998, the County and the FBO's sub-landlord, Grantair Service, CD C N CD Inc., entered into the Marathon Fixed Base Operator (FBO) Agreement for a period of twenty 20 Ci CD years (the "Original Grantair Lease"), as amended on June 21, 2001 (the "First Amendment"), September 19, 2001 (the "Second Amendment"), July 17, 2002 (the "Third Amendment"), CU September 18, 2002 (the "Fourth Amendment"), March 17, 2004 (the "Fifth Amendment"), a� September 28, 2005 (the "Sixth Amendment"), February 21, 2007 (the "Seventh Amendment"), CU April 21, 2010 (the"Eighth Amendment"), August 17, 2016 (the"Ninth Amendment") and July 17 2019 (the "Tenth Amendment") to provide Fixed Base Operations at the Florida Keys Marathon a International Airport (hereinafter, the "Airport"). The Original Grantair Lease along with the First a) Amendment, Second Amendment, Third Amendment,Fourth Amendment, Fifth Amendment, Sixth Amendment, Seventh Amendment, Eighth Amendment, Ninth Amendment and Tenth Amendment are, collectively, referred to as the"Original Lease." a� WHEREAS, the original leasehold has been subleased to Marathon Aviation Associates, LLC.; 0 WHEREAS, the Original Lease has been amended a total of ten (10) times in the past, the most recent of which, is the Tenth Amendment; WHEREAS, the Tenth Amendment provides for the FBO's construction of a new (approximately 9,600 sq. ft) FBO terminal by January 31, 2024; and CU WHEREAS, such construction was completed in September, 2020, and,pursuant to the terms of the Tenth amendment, the Original Lease term was therefore extended through June 30, 2046; and m WHEREAS, the Original Lease has become extremely cumbersome with ten (10) amendments; and CU WHEREAS, for purposes of clarity and ease of reference the parties desire to terminate all the previously executed documents, consolidate all of the terms, covenants and conditions into a single M master lease document; NOW THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties agree as follows: U 1 Packet Pg. 1434 C.43.a r- 1) Mutual Termination of Existing Lease, Amendments and Extensions. The County and Grantair hereby cancel and terminate the Original Lease in its entirety including,without limitation, > any amendments, letter agreements or extensions of time as of the Effective Date of this Agreement. 0 The Original Lease shall have no further force or effect and neither party shall have any further duty, obligation or liability to the other under the terms of the Original Lease. `U CU 2) Premises. a) The County, as of the Effective Date of this Agreement, hereby leases to the FBO two (2) individual parcels, also referred to as the premises, at the Florida Keys Marathon International Airport as depicted in Exhibit A and Exhibit B, both dated July 17, 2019, which are attached hereto and incorporated herein by this reference on the terms and conditions set forth herein. The FBO is hereby authorized to decommission and dismantle the fuel farm located Q on the parcel depicted on Exhibit A following the construction of a new fuel farm and hangar Ci buildings for small and midsize aircraft as depicted in the Florida Keys Marathon International a� Airport, Concept Site Sketch 6 —West-V3, attached hereto as Exhibit C and incorporated herein CU by this reference (the "New Fuel Farm and Hanger Complex"). a� CU b) No buildings, structures or other improvements to real property may be added by the FBO to the premises described in Exhibit A,Exhibit B or Exhibit C other than the new fuel farm and hangar a complex for small and midsize aircraft depicted in Exhibit C during the term of this Agreement a) without a separate agreement concerning the same with the COUNTY. a� c) The FBO has the right during the term hereof, at its own expense, at any time from time to time, to install, maintain, operate, repair and replace any and all trade fixtures and other Airport personal property useful from time to time in connection with its operation on the Airport, all of 0 which shall be and remain the property of the FBO and may be removed by the FBO prior to or within a reasonable time after expiration of the term of this FBO Lease; provided, however, that the FBO shall repair any damage to the premises caused by such removal. The failure to remove trade fixtures or other personal property shall not constitute the FBO as a hold over, but all such property not removed within ten (10) days after FBO receives a written demand for such removal shall be 0 deemed abandoned and thereupon shall become the sole property of the Airport. 2 CU 3) Rent, Fees, Late/Dishonored Payments. a) The FBO must pay monthly rent on an arrears basis as follows; $7,269.44 per month plus tax CU for the premises described in Exhibit A. The FBO shall also pay monthly rent for the premises depicted in Exhibit B, on an arrears basis. The initial rent for the premises depicted on Exhibit B shall be $1,023.00 per month and shall increase to $4,278.50 per month plus tax upon completion of the New Fuel Farm and Hanger Complex ("completion" for purposes of this Section 4(a) shall be defined as the day upon which fuel is first received at the New Fuel Farm and Hanger Complex). E Rent shall be paid in equal monthly installments, all of which shall be due and payable on or U before the first day of each calendar month during which this lease is in effect. Upon the failure of 2 Packet Pg. 1435 C.43.a r_ FBO to pay any installments when due, the County will be entitled to charge and collect, and FBO will be obligated to pay, a late fee of two percent(2%) of any such amount, if paid within thirty (30) days of the date due, and five percent(5%) of any such amount, not paid within thirty (30) days of 0 the date due. Such late fees will be in addition to the amount of rent due. The acceptance by the CU County of the overdue rental installment plus applicable late fees shall cure what would otherwise constitute a default by FBO under the terms of this lease. The County, at its option, however, may CU refuse a proffered overdue rental installment and late fees, declare a default, and proceed according to paragraph 21 of this lease. In the event that any check, draft, or negotiable instrument by which FBO has tendered any rent payment is returned to the County and not honored, whether for insufficient funds or other reason, the County will be entitled to charge and collect, in addition to any applicable late payment fees as provided above, a fee of Twenty-five Dollars ($25.00) for such dishonored instrument. Such penalty fee shall also be in addition to the amount of rent due. The Q acceptance by the County of the rental payment plus any applicable late fee and penalties following Ci the receipt of a dishonored instrument shall cure what would otherwise constitute a default under the a� terms of this lease. CU b) The FBO must pay the County a 10 cents per gallon flowage fee for each gallon of CU Avgas fuel sold and a 10 cents per gallon flowage fee for each gallon of Jet A fuel sold. By the tenth of each month the FBO must truthfully and accurately report to the County number of gallons sold the previous month and pay the County the fee due based on that number. The a) FBO shall maintain all books, records and documents directly pertinent to performance under this FBO Lease in accordance with generally accepted accounting principles consistently applied. Each party to this FBO Lease or their authorized representatives shall have reasonable and timely access to such records of each other party to this FBO Lease for public records purposes during the term of this FBO Lease and for four (4) years following the 0 termination of this FBO Lease. The County, acting through its Finance Director or other authorized representative, shall have the right to inspect and audit the FBO's books of 0 accounts and other records directly generated at the Florida Keys Marathon Airport facility or otherwise pertaining to this FBO Lease. Knowingly furnishing the County a false statement of its monthly fuel flowage under the provision hereof will constitute a default by the FBO of this FBO Lease and the County may, at its option, declare this lease terminated. CU The FBO retains the right to have its controller or a representative assigned by its controller E to be present during any inspection or audit by the County. Ten (10) business days' notice m must be given of intent to audit by the County to allow the FBO's controller sufficient time CU to schedule the audit. c) Subject to the provisions of section 4(f)hereafter, the rents set forth in Paragraph 4(a) above shall be adjusted annually on the anniversary of the Effective Date of this FBO Lease in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the previous calendar year. In the event of a deflationary CPI no adjustment in the rental rates will be Ec made. U 3 Packet Pg. 1436 C.43.a r- d) All payments owed by the FBO to the County that remain unpaid for more than 30 days will begin to accrue interest at a rate calculated from the original due date until the date the County actually receives the money. The interest rate is the one established by the Comptroller of the State 0 of Florida under sec. 55.03, F.S., for the year in which the payment became overdue. The right of CU the County to claim interest, and the obligation of the FBO to pay it, are in addition to, and not in lieu of, any other rights and remedies the County may have under this FBO Lease or that are provided CU by law. e) Every five (5) years after the execution of this FBO Lease a fair market value appraisal shall be conducted to ensure that the market rate for the entire premises is keeping up with the market rate for similar FBO properties. In the event the results of an appraisal show that the market rate exceeds the rental rate in effect at the time of the appraisal, the rental rate shall be increased to market rate Q indicated in the appraisal. No adjustment in the rent will be made in the event of an appraisal that is Ci lower than the rental rate in effect at the time of the appraisal. a� CU f) Any improvements made by the FBO to the premises automatically become the property of the County upon the termination of this lease. CU 4) Pledge of Security. a The FBO pledges and assigns to the County,the fixtures, goods, and chattels of the FBO that a) U are brought or placed on the premises as additional security for the payment of the rent. The CL FBO agrees that a lien against the fixtures, goods, and chattels, may be enforced by distress foreclosure or otherwise at the election of the County, and the FBO agrees to pay all costs and charges County incurred by the County in an enforcement action. U 0 5) Term. a) The term of this lease agreement shall begin on November 1, 2020, and shall terminate on June 30, 2046, unless extended pursuant to Section 5(b)below. b) If the FBO completes construction of the New Fuel Farm and Hanger Complex by October 0 31, 2024, then this FBO Lease shall terminate on October 31, 2054. ANY MODIFICATION OR 2 CU DEVIATION FROM THE APPROVED PROPOSED New Fuel Farm and Hanger Complex MUST BE APPROVED BY THE DIRECTOR OF AIRPORTS. For purposes of this amendment, m completion of construction shall be deemed to occur upon the date of the issuance of the Certificate "- of Occupancy. The intent of this Section 5(b) is to incentivize prompt construction of the New FuelCU Farm and Hanger Complex and the County acknowledges the benefit to the FBO of completing the project as soon as possible in order to maximize the cost amortization term. Unless otherwise agreed X to in writing the planning, financing, commencement and progress of the construction, and all costs related thereto, shall be the FBO's responsibility. Upon completion of construction or as soon thereafter as possible,the County and the FBO shall enter into a written lease extension documenting E the new termination date of October 31, 2054. U 4 Packet Pg. 1437 C.43.a r_ 6) Taxes. CrJ The FBO must pay all taxes and assessments, including any sales or use tax, imposed or levied by any governmental agency with respect to the FBO's operations authorized at the 0 Marathon Airport under this Agreement. CU 7) Utilities. CU The FBO shall, in its own name, and pay for, all utility services at the premises including solid waste removal. CD 8) FBO Services, Right of Repair. a) The FBO has the right during the terms) of this Agreement to maintain a fixed base >_ operation and has the right to sell aircraft and aircraft engines, parts and accessories, lease CD aircraft storage space, operate pilot training service, provide aircraft maintenance and repair CD service, aircraft rental and charter flying service, and any other aeronautical service normally CD furnished by a fixed base operator. The FBO has the right to sell aviation gasoline and lubricants CU and to provide aeronautical services that are compatible with other activities on the airport. Except as otherwise provided for in a written Agreement or as approved by the Airport Manager, the CU FBO shall only be entitled to receive tie-down fees from aircraft parked in the paved ramp area E located within the premise's boundaries as described in Exhibit A or Exhibit B. The FBO specifically waives any and all right to tie-down fees or any uses whatsoever of properties at the E Marathon Airport located outside of the above-described premises except as otherwise provided 2 CL for in a written Agreement or as approved by the Airport Manager. The FBO must refrain from either directly or indirectly being involved in any car rentals or other services that are not related specifically to fixed base aircraft operations. U 0 b) The County's permission is not required for the repair, renovation or rehabilitation of improvements depicted on Exhibit A Exhibit B, or Exhibit C, including the New Fuel Farm and Hanger Complex. 9) Premises Condition, Compliance With Minimum Standards, Laws, Rules & Regulations 0 a) The FBO acknowledges and agrees that it is aware of the condition, location and the 2 CU limitations and restrictions placed on any building, structure or other object as to height, due to 2 the proximity of the landing and takeoff areas of the Marathon Airport. The FBO agrees to abide m by and observe all such restrictions and limitations, including the County fixed base operator I- minimum standards attached and incorporated as Exhibit D, and agrees that the observance ofCU such limitations and restrictions whether imposed by the County, state or federal governmental authority will not in anywise affect the FBO's obligations under this lease. The FBO must also M comply with all laws, statutes, regulations and rules of the federal or state governments, and any plans or programs developed by or funded by either government, that affect the FBO's operations or its use of the premises. The FBO's obligation to obey federal and state laws, statutes, regulations E and rules, any federal or state airport plan or airport program criteria or the criteria of a plan or U program funded by the state of federal government and comply with the County's fixed base 5 Packet Pg. 1438 C.43.a r_ operator minimum standards, includes not only those in existence on the effective date of this Agreement, but those adopted after that date. 0 (b) The FBO must pay any penalty, assessment or fine of the federal or state government CU imposed on the County that arises out of or is attributable to the FBO's operations at the Marathon Airport. The FBO must also defend in the name of the County any claim, assessment or civil action CU that is initiated by the federal or state government against the County that is based in whole or in part on a claim that any aspect of the FBO's operations at the Marathon Airport violated a law, statute, rule, regulation, or program or project criteria. CD 10) Environmental Contamination The FBO must keep the premises in good order and condition. The FBO must promptly CD repair any damage to the premises and is responsible for remedying any environmental Ci CD contamination caused by the FBO's operations at the premises. At the end of the term of this a� agreement, the FBO must peacefully surrender the premises to the County in good order and CU condition, normal wear and tear excepted. If no rent or fees are due the County, at the end of the term of this Agreement the FBO may also remove its personal property from the premises and CU may remove any trade fixtures provided that the FBO restores the premises to their original E condition. If during the term of this Agreement the FBO fails to keep the premises in good repair a and free from environmental contamination as required by this subparagraph, the County may, a) after providing the FBO with a written warning and a fifteen day opportunity to correct the C, deficiency, enter the premises and do whatever repair or clean-up work the County's Marathon Airport Manager deems appropriate. The cost of the work plus 10%will be added to the FBO's rent for the month following the repair or clean-up. U 0 11) Indemnification/Hold Harmless Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, FBO 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 0 relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, 2 and(iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, 2 any indemnified party by reason of, or in connection with, (A) any activity of FBO or any of its m employees, agents, contractors or other invitees during the term of this Agreement, (B) the CU negligence or willful misconduct of FBO or any of its employees, agents, sub-contractors or other invitees, or (C) FBO's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings, X 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 FBO). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that Ec occur during the term of this Agreement, this section will survive the expiration of the term of this U 6 Packet Pg. 1439 C.43.a r- Agreement or any earlier termination of this Agreement. 12)No Grant of Exclusive Right. 0 It is understood and agreed that nothing contained in this Agreement may be construed CU to grant or authorize the granting of an exclusive right within the meaning of the Federal Grant Assurances and that the County may enter into agreements with other fixed base operators as CU long as such agreements are not on more favorable terms than this Agreement. 13) Insurance Requirements. CD a) The FBO must keep in full force and effect the insurance described in Exhibit E during the term of this Agreement. If the insurance policies originally purchased which meet the requirements of Exhibit E are canceled, terminated or reduced in coverage, then the FBO must CD immediately substitute complying policies so that no gap in coverage occurs. Ci CD b)The insurance required of the FBO in this paragraph is for the protection of the County, CU its property and employees, and the general public. The insurance requirement is not, however, for the protection of any specific member of the general public who might be injured because CU of an act or omission of the FBO. The insurance requirements of this paragraph do not make any E specific injured member of the general public a third party beneficiary under this Agreement. a Therefore, any failure by the County to enforce this paragraph, or evict the FBO from the Marathon a) Airport if the FBO becomes uninsured or underinsured, is not the breach of any duty or obligation CL owed to any specific member of the general public and cannot form the basis of any County liability to a specific member of the general public or his/her dependents, or estate or heirs. a� c)Notwithstanding the provisions of paragraph 21,the County may treat the FBO in default 0 and terminate this Agreement if the FBO fails to keep in full force and effect the insurance required by this paragraph 13 and Exhibit E. Before treating the FBO in default and terminating the r- .2 Agreement under this subparagraph, the County need only provide the FBO 24 hour notice by FAX or overnight courier. The County may, but need not, provide the FBO with an opportunity to cure the default. 0 CU 14) Liens, Encumbrances. The FBO may not cause, suffer or permit any lien, mortgage, security interest,financing m U- statement or other encumbrance to be placed on any real property improvement to real property, CU or fixture owned by the County and leased to the FBO under this Agreement. If any of the encumbrances just described are filed or perfected against any such property of the County, the FBO must promptly cause the discharge, release or otherwise clear and remove such X encumbrances from the County property. 15) County Operation/Maintenance of Airport. The County must keep the Marathon Airport runway, taxiway, and the area immediately U 7 Packet Pg. 1440 C.43.a r- adjacent to the runway and taxiway, in good repair and clear of obstructions and debris. The County must maintain and operate the Marathon Airport according to the highest standards or ratings issued by the FAA for airports similar in size and character to the Marathon Airport. The 0 County must also comply with the rules and regulations of any other government agency that CU has,or may have,jurisdiction over the Marathon Airport. CU 16) Right of Ingress and Egress. FBO, 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. 17)Nondiscrimination. The FBO, for itself, its personal representatives, successors in interest, and assignees, as Q a part of the consideration hereof, does hereby covenant and agree that; Ci Q a) No person on the grounds of race, color, or national origin shall be excluded from CU participation in, denied the benefits or, or be otherwise subjected to discrimination in the use of said facilities, E b) That in the construction of any improvements on, over or under such land and the aa) furnishing or services thereon, no person on the grounds of race,color, or national origin shall be a) excluded from participation in, denied the benefits of, or be otherwise subjected to C, discrimination, c) That the FBO 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) 0 Title VII of the Civil Rights Act of 1964 (PL 88-352),which prohibit discrimination in employment on the basis of race, color,religion, sex,and national origin; 2)Title IX of the Education Amendment of 1972, as amended(20 USC §§ 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 § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as 0 amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug 2 CU 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, m Treatment and Rehabilitation Act of 1970 (PL 91 616), as amended, relating to nondiscrimination CU on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 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 §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, E Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, U ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other 8 Packet Pg. 1441 C.43.a r- nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 0 d) That in the event of breach of any of the above nondiscrimination covenants, the CU County shall have the right to terminate the lease and to re-enter the premises as if said lease had never been made or issued. The provisions shall not be effective until the procedures of Title 49, CU Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. CD 18) Avigation Rights. It shall be a condition of this lease, that the County reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the CD airspace above the surface of the real property hereinafter described, together with the right to CD CD cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for use of said airspace for CU landing on, taking off from or operating on the airport. That the FBO expressly agrees for itself, its successors and assignees, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height so as to comply with Federal E 41 Aviation Regulations Part 77 and all FAA regulations. The FBO expressly agrees for itself, its successors and assignees, to prevent any use of the hereinafter described real property which a) U would interfere with or adversely affect the operation or maintenance of the airport, or CL otherwise constitute an airport hazard. 19) Grant/Federal Subordination. This Fixed Base Operator Agreement and all provisions hereof are subject and 0 subordinate to those certain Sponsor's Assurances made to guarantee the public use of the Airport as incident to grant agreements between the Lessor and the United States of America and the terms and conditions of the instruments and documents under which the County acquired the subject property from the USA and shall be given only such effect as will not conflict or be inconsistent with the Sponsor's Assurances or the terms and conditions contained in the documents granting 0 said lands to the County and any existing or subsequent amendments thereto. 2 CU 20)Navigation Aids. If funds are not provided by the United States for the operation of a Marathon Airport U- CU control tower, navigation aids or other facilities that are needed by the FBO for service at the Airport, the County is under no obligation to provide those facilities or services. 21) Termination by County. This Agreement may be terminated at the discretion of the COUNTY in the following circumstances: a� a) FBO fails to pay rent or fees when due; U b) FBO fail to obtain the insurance required under this lease or allows the required 9 Packet Pg. 1442 C.43.a r_ insurance coverage to lapse or fall below the minimum required; c) FBO otherwise breaches the terms of this lease. d) Cancellation is required to accommodate future Airport growth, or 0 e) Cancellation is required due to F.A.A. requirements. CU Unless the County has accepted in writing a delay in performance of duties, the failure to perform said duties shall constitute a default/breach under the terms of this agreement. In the case of CU the default/breach occurrences described in subparagraphs 21(a) or (c), the County's Florida Keys Marathon International Airport Manager shall first give the FBO a written notification stating the default/breach. The FBO shall be notified that he has 10 days to correct the default/breach. If the nature of the default/breach is such that it cannot be cured in 10 days, the FBO shall inform the County in writing of the reason why the default/breach cannot be cured in 10 days and shall provide a written plan showing how the default/breach will be cured in a timely manner. If the FBO has not Q corrected the default/breach at the end of the 10 days or if the FBO has provided a cure plan, which Ci the FBO has failed to timely and diligently execute, then the County may cancel the lease in its a� discretion. In the case of cancellation occurring as described in subparagraphs 21(d) or (e), County CU shall provide FBO 90 days' notice. In the event of cancellation occurring as described in subparagraphs 21(d) or(e)the County, at County expense, shall relocate the FBO to an alternate site CU in accordance with Florida Keys Marathon Airport ALP. If in the sole opinion of the county an E alternate site at the airport is not available, the County will purchase the FBO's lease hold at fair a market appraisal value. a) The termination of this Agreement under subparagraphs 21(a),(b) or(c) does not relieve the FBO from an obligation to pay whatever damage the County suffered because of the FBO's default. U 0 Cn Despite the FBO's timely cure of its acts of default or the County's waiver of acts of default, `n if the FBO defaults three times or more in performing its obligations under this Agreement during 0 a calendar year, then the County may, in its discretion, determine that the FBO is a habitual violator. When the County makes that determination, it must notify the FBO in writing. The notice must explain why the FBO was determined to be a habitual violator and that any future act of default will be non-curable and will be the basis for the termination of this Agreement. If a CU subsequent default occurs, the County may terminate this Agreement by giving the FBO 10 day's 2 written notice. The FBO must pay the County whatever rent and fees are due as of the date of m termination. The FBO will then have no further rights under this Agreement. Termination under L CU this subparagraph does not relieve the FBO from an obligation to pay the County any damage suffered because of the FBO's final act of default. 22) Termination by FBO The FBO may terminate this Agreement in its discretion, if it is not in default in paying the rents and fees owed to the County, by giving the County 15 day's written notice, upon the Ec occurrence of any of the following events: 10 Packet Pg. 1443 C.43.a r- a) The issuance by any court of competent jurisdiction of an injunction in any way preventing or restraining the use of the Marathon Airport, or any part of the Airport, for a > period of at least 90 days. 0 b) The lawful assumption by the United States of the operation, control or use of the `U Marathon Airport, or any part of the Airport, in a way that prevents the FBO from operating its CU fixed base operation for a period of at least 90 days. c) The inability of the FBO to use the Marathon Airport for at least 90 daysCD ' because of fire, explosion, earthquake, hurricane, other casualty, or acts of God or the public enemy. CD d) The FAA's failure to grant the FBO the license(s)necessary to operate its service. C' Ci CD - e) A dispute between the County and another governmental agency or between CU other governmental agencies that make it difficult or impossible for the Marathon Airport to be operated safely for a period of at least 90 days. ' CU f) Closure due to the County complying with regulations, requirements or mandates of the FAA, FDOT or any other agency having jurisdiction over the operations of the Marathon airport. E a> U CL The grounds for the FBO's termination of this Agreement as stated in subparagraphs 22(a), (b), (c), (d), (e) and(f) create no basis for any County liability to the FBO and cannot serve to create any obligation on the part of the County to pay money to the FBO. a U 0 g) The FBO may terminate this Agreement and treat the County in default if the County fails to perform its obligations under this Agreement and the failure is not due to the reasons described in subparagraph 22(a), (b), (c), (d) or (e). Before the FBO may terminate the Agreement under this paragraph, the FBO must give the County a written notice of the default stating that if the default is not cured within 15 days of the FBO's written notice, then the FBO will terminate this Agreement. Termination under this paragraph does not relieve the County from an obligation to pay the FBO whatever damages the FBO suffered because of the CU County's default. 0 m 23) Non-Waiver of Default. CU The waiver by the FBO or the County of an act or omission that constitutes a default 2 of an obligation under this Agreement does not waive another default of that or any other a obligation. 24) Assignment. The FBO may not assign this Agreement without the approval of the County's Board of County Commissioners, which approval shall not be unreasonably withheld. All the obligations of 11 Packet Pg. 1444 C.43.a r_ this Agreement will extend to and bind the legal representatives, successors and assigns of the FBO and the County. 0 25) Governing Law, Fees, Costs, Venue, Interpretation. CU 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 of any CU litigation, 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 CD proceedings. W In the event that any cause of action or administrative proceeding is instituted for the CD C N CD enforcement or interpretation of this Agreement, the County and FBO agree that venue will lie in Ci CD the appropriate court or before the appropriate administrative body in Monroe County, Florida. a� CU The County and FBO 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 CU the institution of any other administrative or legal proceeding. Mediation proceedings initiated and E conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil a Procedure and usual and customary procedures required by the circuit court of Monroe County. a) 26) Severability. 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, 0 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 0 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 FBO agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as 0 possible to the intent of the stricken provision. CU 27) Books, Records and Documents. The FBO shall maintain all books,records, and documents directly pertinent to performance CU 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 M during the term of the Agreement and for four years following the termination of this Agreement. An annual operating statement prepared by a C.P.A. must be provided to the Lessor on or before February 28 of the following year. Ec U 12 Packet Pg. 1445 C.43.a r- 28) Notice. Notices to the County provided for inthis Agreement, unless otherwise specified, must be sent by certified mail to: 0 Marathon Airport Manager `U 9400 Overseas Highway, Suite 200 CU Marathon,FL 33050 Notices to the FBO provided for in this Agreement, unless otherwise specified, must be sent CD by certified mail to: Martin H Hiller CD C N CD Marathon Aviation Associates, LLC Ci CD 8800 Overseas Highway Marathon, Florida 33050 CU 29) Code of Ethics. CU County agrees that officers and employees of the County recognize and will be required to E comply with the standards of conduct for public officers and employees as delineated in Section a 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing a) business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 30) Public Access. The County and FBO shall allow and permit reasonable access to, and inspection of, all 0 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 FBO in r- conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by FBO. 0 31) Non-Waiver of Immunity. CU Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the E County and the FBO in this Agreement and the acquisition of any commercial liability insurance m coverage, self-insurance coverage, or local government liability insurance pool coverage shall not U- CU be deemed a waiver of immunity to the extent of liability coverage, nor shall any agreement entered into by the County be required to contain any provision for waiver. 32) Privileges 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 Ec the activity of officers, agents, or employees of any public agents or employees of the County,when 13 Packet Pg. 1446 C.43.a r_ 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. 0 33) Non-Delegation of Constitutional or Statutory Duties. `U This Agreement is not intended to, nor shall it be construed as, relieving any participating CU 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 CD 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. CD N CD Ci CD 34) Non-Reliance by Non-Parties. a� No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement CU 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 the FBO agree that neither the County nor the CU FBO or any agent, officer, or employee of either shall have the authority to inform, counsel, or E otherwise indicate that any particular individual or group of individuals, entity or entities, have a entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the a) community in general or for the purposes contemplated in this Agreement. a� r 35) No Personal Liability. 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 0 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 r_ .2 Agreement. .� 36) Personal Property. 0 Any personal property of FBO, its agents, assignees, or invitees placed in the premises of the 2 Airport shall be at the sole risk of the FBO or owners thereof, and the County shall not be liable for 2 any loss or damage. m U_ CU 37) Execution in Counterparts. 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 M any of the parties hereto may execute this Agreement by signing any such counterpart. 38) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of U V 14 Packet Pg. 1447 C.43.a r_ 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. 0 39) Authority. Each party represents and warrants to the other that the execution, delivery and CU performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. CU 40) Claims for Federal or State Aid. FBO 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. Q N 41) Adjudication of Disputes or Disagreements. The FBO and County agree that all disputes Ci and disagreements shall be attempted to be resolved by meet and confer sessions between a� representatives of each of the parties. The FBO and County Representative shall try to resolve the CU claim or dispute with meet and confer sessions. 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 CU provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. E 42) Cooperation. In the event any administrative or legal proceeding is instituted against either a) party relating to the formation, execution, performance, or breach of this Agreement, County and C, Contractor 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 Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 0 43) Covenant of No Interest. The FBO and County 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 the only interest of each is to perform and receive benefits as recited in this Agreement. 0 CU 44) Attestations. FBO 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 m Statement. L CU 42) Final Understanding. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements M or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. E U 15 Packet Pg. 1448 C.43.a r- 0 4'))Mutual Review. This Agreement has been carefully reviewed by the FBO and the County. Therefore, this Agreement is net to be construed against any party on the basis of authorship. CU IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly , authorized representative the elate first written above. CU r (BEAD) BOARD OF COUNT` COMMISSIONERS ATTEST: K_EVIN MADOI , CLERK OF MONROE COUNT', FLORIDA N By By <i Deputy Clerk - Mayor Heather Carruthers CU Witnesses MARATHON AVIATION ASSOCIATES, LL.0 CU By Print 5 � Title CL By Print Name U 0 Witnesses ORANTA.IR SERVICE, INC. Cn (As to Paragrap I , only) 0 CU -do,!�-Z- Print Name: Martin H. Diller, its Manager CU By. Print lame a " RCF COUNTY_ ATTOnNEY l iCiV7 FORM EQ J. X ASSB � bU Cate 10/6/20 16 Packet Pg. 1449 toffm as}sew }11awao� da S94BIOOS U01 BIA UO Bad JIB uB 9 � � I 2� - � � a � ua W) ®�� a E? � FllUil a}�a�aay��a�b� LO i 4—J 4-jJXI C C c c aJ t +� +� cr � O O � L.fl 04 4-j CD O O CD W�� i O O Q Q i w 4� t M1 t:Lo t1j, ;�Yt L!J j s - f N 4A N qua 4-, N N N cc YY N �. O Q a- CB f6 U X Ir W m as;sew;uawaaelda -(sa;epossV uo!;e!AV uoy;eaelN) O J ale UBJE)-H1W :;uawyae;V by I +(y V +nu t F Y r ' 76 1 2c i7s �i. N ll' 2 � ` . .titi>t'4 Lr1 uRIC LL In r cu In JL £St s .� CV10 C: au cv 4 ra 2 (6 (D -r U 22Lu �€ uOS}eSny UOLJJ eW-aSe4uea0.OZ MA3) OZOZ'O6 aseaS as}sew}uawa3LIdeN-(sa}eS30ssy uOi}einy UOLjj VJ)083 aSe4uea0-HlW:}uawype}}y w R Y7 M a r I Ifr r rr TO,r�< �0 1 c •� 7 C) t.. o > �� r N L S r .-D M/1 m tQ Q a a `o o o o O � � N !f tf ✓I`� h o � � ,r €e� it O o t` z ,�o o m z� c 8 rf � n At °^ O c �,.. . fr8 x s .... \ L Y a u o mz N N 01, [.z r 1S p ;"^>.� �U u.Q CZ ID > o 97o LU ( ] z3 tOz a 15�8 - t 4 � � ANl NQW%IVH 6 :11 o 4 J� 24 <Z Y LL U t it+t"it,I iswoz o3� z�z 5 �v ° i z 1 o ui� I}lr ll�fL ��.. m �.V I ¢. v a / r i t�l{t,�f r �sw osz LL o (r- 1 r 4t f`Ci t' O � d� � ( r)f!}fif�t h� �� IUUII �G z iswooe r t ff U o 0. y (} } z Z X o - �frJ f Jrrr} ii ryOlC6t�b' �, Iw � 0 tr .o � o �y +f"<!� a It EXHIB c.43.a October 21, 2020 rti Division of Community Services RESOLUTION NO, 374 -1990 J 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 co PROVIDERS AT MONROE COUNTY AIRPORTS. u a c a WHEREAS, the Board of County Commissioners of Monroe County, .y Florida, previously 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 becm �? 0 rewired for the benefit of the general public and for proper and efficient operation of the airports, and w 0 WHEREAS, the Board o County Commissioners wishes to revise 0 0 the minimum standards; now, therefore, BE IT RESOLVEID BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA that the Board hereby approves and adopts the attached Minimum Standards for Commercial Aeronautical W Activities by Fixed Base Operators and other Aeronautical Service a Providers at Monroe County Airports, PASSED AND ADOPTED by the Board of County Commissioners o cMonr e County, Florida, at a regular meeting of said Board held 0 ntZe day of _. A.D. 1990. c BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA � (:�7k 0 BY; __ rL (Seal) Attest: DANNY J- KOIAIAGE, ClemAU � c APPROVED AS TO FGk AND LEGAL SUrFICIL, Packet Pg.1453 C.43a t MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES BY FIXED J BASE OPERATORS ANDrOTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS co w u a INDEX a .y c a I. DEFINITIONS � A. Aeronautical. Activity or Service B. Airport t7 C. Airport Director o cm D. Airport Master Plan or Airport Layout Plan w_ E. Applicant a cm a F. Commission Ci C. County Administrator H. Fixed Base Operation I. Minimum Standards E c J. Person(s) or Provider(s) K. Rules and Regulations a II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE u a III. APPLICATION � A. Hoer Made a B. Minimum Application Information c (1) Applicant (2) Scope of Operations _ 0 (3) Management Capability co U- (4) Financial Responsibility c ( ) Facilities Proposed (6) Lease Term(s) � c E u Packet Pg.1454 C.43a (7) Capital investment (8) Insurance J IV, STANDARD REQUIREMENTS FOR. ALL AERONAUTICAL ACTIVITIES � A. Management co B. Financial Responsibility a 0 C. Certifications c a D. Insurance a .y V. FIXED BASE OPERATIONS STANDARDS s A. Primary Services B. Secondary Services (1) General t7 ('2) Flight Instruction o cm (3) Aircraft Charter, Air 'Taxi and Sightseeing w_ Services o cm a C. Exclusions Ci (1) Ground Transportation For Hire � (2) Western Union and/or Other Commercial Telecommu- nications Services E c (3) Auto Rental Services u (4) News and Sundry Sales (5) Barber, Valet and Personal Sales (6) Wholesale or Retail Sale of Nonni-aviation Products T u a (7) Automotive Gasoline Station (8) Automotive or Marine Maintenance and Repair Services .® T O. Detailed Requirements c (1) Investment 0 (2) Premises (3) Construction w (a) Ti.edowrns c (b) Hangars c� (c) Auto Parking c E 2 Packet Pg.1455 C.43a (d) Site Plan Q (e) Utilities J (f) Building Codes, Permitting Requirements, Reg- ulations and Standards m w (g) Final Approval Authority a (4) Sale of Aviation Petroleum Products, Damp Service, a and Storage a .y (a) Aircraft Parking Apron and Service Ramp s (b) Fuel Tank Farm and Refuelers (c) Pumping Equipment (d) Hours of Operation � C7 (e) Terminal Building Facilities o (f) Ground Rods w (g) Flight Line Repairs ae14 a (5) Insurance Cli (a) General (b) Fire, Extended Coverage, and Vandalism (c) indemnity E c (d) Property Damage Liability E u (e) Performance Pond a ( ) Fees (a) Fuel Flowage Fees (b) Airport Usage Fee � 1, Gross Receipts (7) Term of Lease "> c VI� PARTIAL OR INDIVIDUAL AL AERONAUTICAL SERVICES � A. Flight Instruction and Aircraft Rental Services (1) Personnel and Certifications (2) Aircraft and Equipment c (3) :Facilities c� (4) Obligations and Responsibilities c 3 u Packet Pg.1456 C.43a (5) Insurance Q B. Non-Scheduled Aircraft Charter, Air Taxi, and Sightseeir02 Services v (l) Personnel and Certifications o m LL (2) Aircraft and Equipment ( ) Facilities � c a (4) Insurance .y C. Aircraft Sales c a (l) Sales or Distributorship Franchise Agreement (2) Personnel., Certifications, and hours of Operation = M Customers and Warranty Services t7 (4) Facilities 0 (5) Insurance w_ D. Aircraft, Engine, Propeller, and Accessory Maintenance o C4 a -Services Ci (l) Equipment, Personnel, and Certifications (2) Additional Services (3) Facilities Required by Primary and Secondary Ser- c vices Fixed Base Operators u (4) Facilities Required by Individual Providers ( Insurance E. Avionics and Instrument Repair Services U a (l) Facilities c (2) Equipment, Personnel, and Certifications (3) Insurance ' a F. other Commercial Aeronautical. Activities s VII, BACKGROUND INVESTIGATION V'III. RIGHT To MODIFY IX. PRECEDENCE c C7 c 4 u .r Packet Pg.1457 C.43a MINIMUM STANDARDS FOR COMMERCIAL Q AERONAUTICAL ACTIVITIES BY FIXED J BASE OPERATORS AND OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS w u a The Monroe County Board of County Commissioners, recognizing th c a need for orderly development of its airports and the necessity o protecting the public health, safety, and interest in the count 0 airports, hereby promulgates and adopts the following procedures an minimum standards for the use of any land or facility on sai airports. t7 1. As used herein, the following terms shall have the mean � cm ings indicated: w_ Definitions a cm a A. Aeronautical Activity or Service. Shall mean an� � W activity or service whether or not conducted on o: off airport property which involves, makes possible supports, or is required for the operation of air. E c craft or which contributes to, or is required for u the safety of such operations and shall include, bu- a not by way of limitation, all activities or service; commonly conducted on airports, such as: Charte L) a operations, air taxi, pilot training, aircraf- rental, sightseeing, aerial photography, crop dust- T in , flying clubs, aerial advertising and surveying c air carrier operations, aircraft sales and service, sale of aviation petroleum products, whether or nolmm conducted in conjunction with other included activi- LL ties or services, repair and maintenance of aircraft, - c sale of aircraft, parts, sale or maintenance oi0 zo aircraft accessories, radio communication ant c S c R r s� Packet Pg.1458 C.43a navigation equipment, and any other activity which because of its direct relationship to the operatio 02 2 of aircraft, can appropriately be regarded as a aeronautical activity or service• w u Airport. Shall mean any airport owned and operate 0 by Conroe County• r- a C. Airport f3irector. Shall mean the Monroe Count; .y Director of Airports. s D. Airport Master Plan or Airport layout plan. Sha1 mean the currently approved scaled dimensional layou• ,� c of the entire airport property indicating current an( ca proposed usage for each identifiable segment a; � approved by the Commission and amended from time t( w_ time. O cm a Ci S. ARElicant. Shall mean any person(s) , firm, genera: o W or limited partnership, corporation, trust or associ• ation, making application for, leasing or using an, land or facility at the airport for the conduct of c W commercial aeronautical activity. E u • commission, Shall mean the Monroe County Board of 0 County Commissioners.. W C. County Administrator. Shall mean the administrator u a of Monroe County. c H. Fixed Base Cperati.on. Shall mean the person s) engaging in Primary Commercial Support Services, at z .y c a minimum, as described in Section V.A. E I. Minimum Standards,. Shall mean the qualification. 0 established herein, as ascended from time to time b the Commission upon recommendations of the Count+ Administrator and/or the Airport Director, setting � forth the minimum requirements to be met as a c I � r � Packet Pg.1469 C.43a condition for the right to conduct any aeronautical activity on the airports. J J. Person(s) or Provider(s) . Shall mean any person(s) , LL firm general or limited partnership, corporation, W W trust or association leasing or using any land or facility at the airport for the conduct of a ortuner- > vial aeronautical activity. 0 K. Rules and Regulations. Shall mean the rules and = c regulations as may be promulgated from time to time � ca by the Commission to protect the public health, � safety, interest, and welfare on Monroe County's w Airports, and to augment the ordinances and resou- cc,> 0 Ci tions pertaining to the airport.. TI. Special Restrictions on Airport Land and F"acilit r [Ise N( person shall be granted the right to conduct any commer, c cial aeronautical activity upon the airport, nor shall an) E u person be permitted to use any land or conduct any commer- cial aeronautical activity or the solicitation of busines ur W in connection therewith, unless such aeronautical activist 0 W is conducted in accordance with the standards hereir c established and as hereinafter may be amended from time tc .y time by the Commission and the .issuance of the proper c 0 permits, licenses, and/or the execution of a valid con- tract or agreement with Monroe County to conduct such 0 activities with the county, LL IIT. Application A. Row Made. Applications for the lease of ground � and/or facilities on the airport or for permission to c 7 P � Packet Pg.1460 C.43a carry on any commercial business or aeronautica Z' activity on the airport with the necessary permit J and license shall be made to the Airport director The Airport Director shall thereafter present th OM w application to the Commission. The applicant steal L submit all information and material necessary, o a requested by, the. Commission to establish to th T satisfaction of the Commission that the applican E will qualify and will comply with these standards 2 rules and regulations. The application shall b signed and submitted by a party owning an interest i i ca the 'business, or the individual who will be managin cm the business, or a partner of a partnership, or w director or an officer of a corporation.. 0 a B. Minimum Application Information. The Commission wil o not accept or take action on any request to leas � building space or Land area or in any way permit th installation of a commercial activity until after th c proposed lessee, in writing, submits a proposal whit E u sets forth the scope of operation he proposes including the following:. 1 . Applicant. The name and address of the appli u a cant. c 2. she of Operation, ]description of propose a land use area or facility sought and/or con c a struction and service activities proposed., 3. Mana eg ent CaEability. The names and qualifica Mm 0 tions of the key management and operatin personnel to be involved in conducting suc' � activity. c S Packet Pg.1461 C.43.a 4 Financial Res2onsibility. A certified. financia W M statement prepared by an independent accountai J W or an irrevocable letter of credit from recognized financial institution supporting tt OM w responsibility and ability of the applicant t L W provide the facilities and perform the activi a ties sought for a minimum of one (1) yeas together with a Fro Forma operating statem n s for the year. The Commission shall be the sol judge of what constitutes adequate financia capacity. t7 . Facilities Proposed„ The facilities, tool 0 equipment, and inventory, if any, proposed to b w furnished in connection with such activity, 0 a Ci 6. Lease Terms(s) ,. The requested or proposed dat of commencement of the activity, and the terms of conducting same. 7 Capital investment,: The estimated cost of an E c structure or facility to be furnished, th E u proposed specifications for same, the means o. method of financing such construction or acquia W 2 sition of facilities, and the schedule o ,T u a capital investment. W g. Insurance. The specific types and amounts o: 2 T insurance proposed in accordance with minimum c requirements for the activity. E IV, Standard Re uirements for all Aeronautical Activities Every applicant for permission to conduct aeronautical co LL activities at the airport shall satisfy the Commissior that he meets the following requirements, c� c 9 # Packet Pg.1462 C.43a A. Management. That such applicant has a history c w management ability in conducting the same or simile or comparable type of service or activity in a goc and workmanlike manner. o m LL Financial Res22nsx.b� That such applicant ha W the financial responsibility and ability to provid the facilities and services proposed. > C. Certifications, The applicant has or can reasonabl c E secure necessary certificates from the FAA or tithe authority required for the activity proposed. = c D. Insurance. That the applicant has or can furnisl2 suitable indemnity insurance or bond to protect an{ cm hold harmless Monroe County :from any liability iaW connection with the conduct of the activity proposed a Cl! Fixed Base Operations Standards o The fallowing standards described herein are established by the Commission as the minimum requirements with which any Fixed phase Operator working to establish a full c service commercial aviation facility at a Monroe County E u Airport must comply. It is understood that only minimum standards are outlined herein and that any applicant 7 wishing to establish a Fixed Base Operation at a County T a airport must negotiate a lease agreement with the Commis- sion which will contain additional contractual provisions that are not described herein, c a A. Primary Services. Primary commercial aeronautical r- support services shall consist of those services 0 rendered directly to general aviation aircraft, which are identified as all aircraft using the airport c R except the aircraft of certificated air carriers who are tenants of the airport. Such services must c 10 " r Packet Pg.1463 C.43.a include, but not be necessarily limited to, aircra arrival guidance, flight line servicing , includic i the sale and enplaned delivery of aviation fuel at ' a petroleum products;. providing minor airframe, pow w plant, and avionics maintenance service to aircrat L and aircraft equipment and accessories as from tics c a to time may be required by aircraft operating c based at the airport; ramp assistance to aircraft 10 including aircraft parking, storage, and tiedow services; gratuitous passenger transportation servic es between the demised premises and rather places o r ca origin and destination on the airport for lessee'' o C4 patrons arriving in non-commercial aircraft; provid w ing emergency service to disabled aircraft can th a Ci airport, including towing or transportation rao disabled aircraft having a gross landing weight no in excess of 12,500 pounds to the demised premises a the request of the yawner or operator of the disable. c aircraft or the Airport Director.. u B. Secondary Services. In addition to the foregoing c the Fixed Base Operator may provide Secondary Oommer cial Aeronautical Support Services. It is understoo-T a that providing these services by the Fixed; Sas c Operator is strictly at his own election, however if he so elects, he must comply with the minimur <> c a standards outlined below. A Fixed Base Operator providing these additional services will be offered iam longer lease term than a Fixed Base Operator provid. cuo ing only Primary Services. The Secondary Commercia' Aeronautical Support Services shall consist of thosec services generally offered at any airport which arch c E M ll u o Packet Pg.1464 C.43.a not classified as being in primary support of ai, craft using the airport. Such services shall inclut J but not be limited to. 0 m w 1. General. providing major airframe, power plant W avionics maintenance service to aircraft ar c a aircraft equipment and accessories as is frc T time to time required by aircraft operating c a s basest at the airport; charter or rental c aircraft, with or without pilot; air tact service- sightseeing services; cargo handling i ca the sale or brokerage of new or used aircraf o CM parts and accessories, meteorological services w_ aerial photography and surveying, the mainte o a nance and servicing, including fueling, o 0 aircraft ground servicing equipment of oche tenants of the airport; and the sale fro; -"W W M vending machines or similar facilities locate, E C c within the demised premises of convenient+ u foods, amenities, and non-alcoholic beverages provided that such sales shall be limited t+ aeronautical customers of lessee, and shall no, u a be made in the form of a restaurant operation and shall be strictly limited to vending ma• ,a T chines or similar facilities for the convenience <' c of other than airline passengers. 2. Fli ht Instruction. The operation of an F approved flight school so as to provide instruc- cO LL tions from primary flight training through ant including qualifying for an A.T.R. t7 c l u r Packet Pg.1465 C.43.a 3. Aircraft charter, Air Taxi and Sightsei� Services Providing pilots for the operation J aircraft owned by others and to carry passenger and freight for hire, on a non-scheduled basis ® m which shall include sightseeing privilege. u a subject to all appropriate laws and regulation c of the Federal Government, the Mate of Florida the requirements of the FAA, or any other dul c a authorized governmental agency. C. Exclusions. The following concessions and tk am establishment thereof skull be specifically exclude from the lease of any Fixed Base Operator: a 1'. Ground transportation for hire CM 2. Western [Union and/or other commercial telecomrnu w a CM nications services O Ci 0 3. Auto rental services 4. hews and sundry sales 5. Barber, valet and personal sales 6. Wholesale or retail sale of non-aviation prod ED uct s u a 7. Automotive gasoline station . .Automotive or marine maintenance and repai W service for vehicular or marine equipment of th 0 general public or ether tenants of the Airport c a D. Detailed Requirements. A Fixed Base q operator wishn .y to engage in a business on the airport, which mus ro- include all of the services classified as primary an may include secondary commercial aeronautical suppor. LL services hereinbefore described, will also be re- quired to meet the following detailed requirements: c l3 r u Packet Pg.1466 C.43.e 1, Investment. The minimum investment in facil: ties, tools, and equipment excluding aircraft 1 i provide Primary Services at the airport r 300,000, part of which may be satisfied by tt w leasing of existing facilities, the value c L which shall be determined by the commissior c a The minimum investment in facilities, tools, ar equipment to provide Secondary Service is a ro- additional $300,000. 2. Premises. Each Fixed Base Operator must lease minimum of two (2) acmes of airport property fc r ca Primary Service and an additional one (1) acr for Secondary Services in the area designated h w the Commission. This requirement may be modi cm a fied based upon availability of land. o 3. Construction. a) Tiedowns. Tiedown facilities must at al 2 times be provided for a number of aircraf c at least equal to the number, type and siz E u of aircraft owned by the operator and/o p based at the operator's facilities, plus a additional minimum of thirty (30) tiedow a facilities for transient aircraft. Thi c requirement may be modified based upo availability of land. c a b) Hangars. Hangars constructed or lease from the Commission for the rental of spac for aircraft storage or for aircraft an engine repair, shall not be less than 480 square feet in floor area. The quality an c design of all hangars to be constructed i c M 4 u r � Packet Pg.1467 C.43.e subject to approval by the Commissir Q prier to construction. J c') Auto Parking,. A ;hard surfaced automobi: parking area, adjacent to the stain built LL ing, with a minimum of twenty spaces wi: L be required, subject to availability c c a land, .y d) Site Plan. All site, building and facili a ties location, plans for the area lease must be reviewed and approved by tt ,= Airport Director, c ca e) utilities. All proposed utilities to t o brought into the property must be reviewe w and approved by the Airport Director. cm Ci f) Building Codes, Permitting Requirements Regulations and Standards. All construe tion, including facility installations an building structures must comply with al c appropriate local, state, and federa E u building, structural, electrical, HV'AC plumbing, mechanical, fire, flood, an health protection codes, permitting re 2 a quirements, regulations and standards a c applicable and established by the appropri .y ate governmental agencies. c a g) Final Approval Authority, All of the proposed construction and improvements wl be subject to the final approval authority LL of the Commission. c .. Sale of Aviation Petroleum Products, Ram,' Service and Storage. A Fixed Base Operator i c s Packet Pg.1468 C.43.e authorized to receive, store, and dispense , retail; aviation fuel, oil, and other aviati+ J L petroleum products. The following minimi services are to be provided: m w a) Aircraft Parking Apron and.. Service Ramp L Tease from the Commission or provide. wit � a the approval of the commission a minimum c > two ( ) acres (subject to availability c s land) of Portland Cement Concrete c asphalt paved areas with tiedown facilitie as described in section V.D. (3) (a) fc C7 based and transient aircraft parking aprc a cm with access or accesses to taxiways. Th w type of pavement and pavement sectic ae4 a thickness shall be determined by tt o ,airport Director, The minimum area of th � corresponding transient or service ram shall be approved by the Commission. E r- c ) Fuel Tank Farm and Refueling vehicles OE u Provide and maintain a minimum of 20,00 a gallons aviation fuel storage capacity meeting all applicable Local., state, an T a federal safety and permitting requirement in a location acceptable to the Commission c T for each grade of aviation fuel usuall <' c a required for aircraft using the airport In this regard 100 octane aviation gasolin Mm and Jet A aviation kerosene base fuel CO LL shall be available at all times,. FBO shal operate and maintain in good condition a. �? adequate number of aircraft refuelin, c M lfi U Packet Pg.1469 C.43.a vehicles for each type of product sol: Each refueling vehicle shall be of adeua volume and pumping capacity to sufficient. service these aircraft normally using t) w airport.. 0 c 1?um ing gui.pment, provide and maintai c a pumping equipment meeting all applicabl local, state, and federal safety ar a permitting requirements with reliabl metering devices subject to state ar, ,= independent inspection and with a pumpir r 0 efficiency and capacity capable of service; C4 ing those aircraft normally using tf w airport. cep 0 cm d) Hours_of Operation. Have personnel. on dut o at all times during normal business hour � of 0800 to 1800 seven slays a week and a such other times as is necessary to satisf c reasonable demands for aircraft services. E u ea General.. Aviation Terminal ui ding Facilities.. Construct in a location approved by the Commission, or lease from .TU 0 the Commission building space with a c minimum of 600 square feet, comfortably heated and air conditioned with waiting c 0 rooms for passengers and crew of aircraft, including sanitary restrooms and public 0 telephone, Design and construction plans LL for the facility must be reviewed,. � approved, and/or permitted by all applica- ble local, state, and federal agencies, an c 1.7 d � Packet Pg.1470 C.43.a approved by the Commission prior to con- struction of the facility. J f) Ground Rods. Install at all fixed fuelinc locations adequate grounding rods to redo€ w the hazards of static electricity. 0 g) Flight Line Repairs. A Fixed Base Operatc c a shall demonstrate a capability to perform minor aircraft and engine repairs of the 0 type generally known as flight line re- pairs. 5. Insurance. ca a) General, A Fixed ease operator steal cm maintain all required insurance and bond w with insurance underwriters authorized t a Ci do business in the State of Florida satin o factory to the Commission. All policie shall name Monroe County, as additiona insured. The Fixed Base Operator steal c furnish the Commission with a certificat E u of insurance showing such insurance/bond to be in full force and effect during th entire term of the contract.. All policie. a shall contain a provision that wr tte: W c notice of cancellation or any materia T change in the policy by the insurer will b� <>y c a delivered to the Airport Director thirt E (30) days in advance to the effective data 0 of such cancellation or change, LL b) Fire, Extended Coverage and vandalism. Ts Fixed Base operator shall at its sole coslc and expense, cause all improvements on them c s Packet Pg.1471 C.43a demised premises to be kept insured to t) Q full replacement value thereof, agains the perils of fire, extended coverage, ai vandalism and in the amounts customaicO LL against the perils of explosion fr( 0 boilers and pressure vessels, sprink) leakage and like perils. The proceeds c '> any such insurance paid on account of ar ro- of the perils aforesaid, shall be used t a defray the cost of repairing, restoring cI=M c reconstructing said improvements, c� c) Indemnity, The Fixed ease Operator shal C4 assume all risks incident to, or in connec w bean with, its business to be conducted an C a Ci shall be solely responsible for all acc o dents or injuries of whatever nature o kind to persons or property caused by it operations at the airport, and shal E indemnify, defend and harmless Monro E u County, . its elected and appointed offi cials, employees, authorized agents an ur representatives from any penalties fo 'T a violation of any lair, ordinance or regula c tion affecting its operation, and from an .y and all claims, suits, losses, damages o c a injuries to persons or whatsoever kind o nature arising directly or indirectly ou 0 of such business, or resulting from th+ LL carelessness, negligence, or improper conduct of the Fixed Base Operator, or an7ca of its agents or employees. c M lg r Packet Pg.1472 C.43a d) Commercial General Liabilit The Fixa Base operator will be required to provic i Commercial General Liability insurance the amount of not less than l,000,0( co combined single limit, which shall app] L with respect to liability because of injuz c a to persons or destruction of aircraft c aircraft parts, inclining the loss of um 10 of aircraft, which are the property c others and are in the custody of the Fixe Base operator for storage, repair c L t7 safekeeping in or on the airport, o cm w At all tines during the term of the leas C4 a the limit of liability must be such that i o the event of a loss the Fixed Base operato will be completely insured with respect any one accident. in accordance wit E c paragraph 5C, indemnity. u el Performance Bond. Prior to the commence a ent of any construction a Fixed Bas. Operator will provide and deliver to th u a Commission a Performance Bond in the amours w c of the budget estimate for all. constructio T costs, which shall be conditioned upon th c a full and faithful performance by the Fixe - 2 Base operator of all duties, responsibili Mm 0 ties and obligations to design and con LL strct all building, hangar and./or associ ated facilities herein required. c? c 20 a L) .r Packet Pg.1473 C.43a 6. Fees. In addition to land rental and other fey Q established during lease negotiations, tY commission may, from time to time, establi., other ,fees such a LL U a) Fuel Flowage Fees. If Monroe County elects to establish a fuel flowage fee, tt Fixed Fuse Operator will pay the county tr -> fee for aircraft fuel pumped into aircraf cc for any purpose, except for that fu pumped into aircraft exempt from fue .® c flowage fees pursuant to agreement wit Monroe County, the terms to be finalized a cm the time of establishment. w b) ,Airport Owe Fee. Monroe County may als c a Ci elect to establish an airport usage fee o In that event, the Fixed Rase Operator wil be required to pay the fee based on percentage of the dross Receipts (hereinaf c ter defined) received by the Fixed Bas E u Operator from all commercial operation conducted on, in or from the leased precis es, the terms to be finalized at the tim a of lease negotiations. c (1) Gross Receipts. The term "Gron .y Receipts" shall consist of all revenue c a received or realized by or accruing t , the Fixed Base Operator from al sales, for cash or credit, of servic es, products or other merchandise mad+ c pursuant to the privileges authorize+ by its agreement with the county c 1 y Packet Pg.1474 C.43.a excluding revenue derived from tl sale of aircraft fuels. All revenu( shall be deemed to be received at tl time of the determination of tk LL amount due the Fixed Base Operator fc 0 each transaction, whether for cash c credit, and not at the time of billir '> payment. Any taxes imposed by la ro- which are separately stated and pai ca for by the customer, and which ar .® c directly payable to the taxing author 2 ca ity by the Fixed Base Operator, steal C4 be excluded from the receipts of th w Fixed Base Operator for the computa C8 a Ci tion of the percentage assessment. o 7. Term of Lease. The lease term that will b granted to a Fixed Sane Operator meeting all o the standards for providing Primary Service c hereinbefore set forth will be for a period o E u five (5) years with an option to renew for on (1) additional five (5) year period., subject t renegotiations of fees and charges in additio ' a thereto. The contract amount agreed to herei � c may be adjusted annually in accordancewith tla 2 .y percentage change in the Consumer Price In e: < c a (CPI) for Wage Earners and Clerical workers isE the Miami, Florida area index, and shall. b+ 0 based upon the annual average CPI computatio: from January 1 through December 31 of th+ c R previous year. A Fixed Base Operator providin4c Secondary Service will be allowed the option is c 22 u Packet Pg.1475 C.43.a renew for two additional. five (5) year period; (3 also subject to the renegotiation of fees as J charges in addition thereto,. vi.. Martial or Individual Aeronautical Services o m w In the event a person desires to establish a busine, a on a Monroe County Airport which includes only a pal c a of the elements of primary and/or secondary a .y commercial aeronautical support services, excluding co sale of aviation fuel, as herein before defined, suc person, will be required to negotiate a lease with the Commission upon terms, conditions, and standards i ca necessary for the protection of the public health, cm welfare, and safety, In order to provide partial or w individual aeronautical services, it will be cm necessary to meet the minimum requirements listed o under the specific category as described below.. In � addition to the providers of individual services, al Fixed Base operators providing these services must E c also meet the minimum requirements, u A. Flight Instruction and Aircraft Rental. Services, provider in this category is authorized to carry on flight and ground school instruction any u a to rent aircraft, The following is required; 1. Personnel and Certifications,. Have availabl, ,a on a full time employment basis a minimum of <' c one (1) pilot appropriately rated, and with 0 all applicable and current Federal Aviation Mm 0 Administration Instructor Pilot and Federal Aviation Administration approved Medical c Certificates and possess all the required Federal Aviation Administration approvals foj c 3 a L) .r Packet Pg.1476 C.43a ground school curriculum. Q 2,. Aircraft and Fquiament. Provide and at all J times maintain, in accordance with FAA require- � vents, a minimum of one (1) aircraft owned or w leased by and under the exclusive control of the uO I Provider, which is properly equipped as reuiree c by the FAA regulations and is certified for a flight instruction and rental. c a . Facilities. Construct in a location directed by the Commission or lease from the Commission for his exclusive use, a minimum, of 500 square ca feet of classroom and/or office space, to includ o C4 restrooms, unless same are provided under other w_ categories in a multi.-category service. resign a C4 a and construction plans must meet the retailed o Requirements described. in .Y?(3) (d) , (e) , f) � and (g„) ,. 4. Obligations anti Responsibilities. obligation c and responsibility for determining that personne wE W u operating rental aircraft obtained from the a Provider have appropriate and current FAA Pilot licenses, ratings, approved medical Certificates wT U a and are capable of operating the aircraft to be rented or leased, and knowledgeable of all a T applicable airport rules. c . Insurance. Furnish required insurance as 0 described in Section V.r, (5) (a) , (b) , (c) , (d) and (e) , w B. ton-Scheduled. Aircraft Charter, Air Taxi and Sight c seeing Services. A Provider in this category iiO authorized to operate a non-scheduled charter servic( c E 4 s � .r Packet Pg.1477 C.43a and non-scheduled air taxi service,. Copies of a; Q W applicable certificates required of the Provider k the FAA shall be provided to the Commission, addition, the Provider shall meet the followir LL minimum requirements: o 1. Personnel and Certifications. Have available c a a full-time employment basis a minimum of one c '> two FAA certified pilots with current commercia a and instrument ratings and appropriate a:m mm current FAA. approved Medical Certificates a .® c cress for his aircraft. The number depends o � t7 the type of aircraft used. cm 24 Aircraft and Equipment. Provide and at al w times maintain a currently certified and Conti cc4' a Ci uously airworthy aircraft owned or leased by th o under the exclusive control of the Provider properly certificated and equipped for ai W charter or air taxi service as required b c W current FAA regulations. E u 3. Facilities. Construct a building in a locatio directed by the Commission or lease from th Commission for his exclusive use, a minimum o a 500 square feet in a building to provide fo' � c waiting and checking in of passengers, handlin- 2 .y of luggage, restroom facilities and publi+ c a telephone, (unless restrooms and telephone ar+ provided under other categories in 0 multi-category proposal) , plus must provide LL satisfactory parking and ground transportation c Design and constructions plans for sucl25 c k Packet Pg.1478 C.43a facilities mint meet the Detailed Hequiremeni Q described in V.D. (3) (d) , (e) , (f) and.. (q) . 4. Insurance. Furnish required insurance described in Section V.D. ( ) (a) , (b) , (c) , )c U and (e) . C. Aircraft Sales. A provider in this category i authorized to conduct an aircraft sales operation .y In this category, the Provider shall meet the follow cc ing minimum requirements. 1. Sales or Distributorship Franchise A reement ,® Have a sales or distributorship (ranch s cm ca agreement from an aircraft manufacturer or o C4 substitute arrangement satisfactory to th w_ Commission. O cm a 2. Personnel, Certifications and Hours of Pp Ci era o tion.. Have available during normal workin OM hours of 0800 to 188t1. FAA certificated an currently airworthy aircraft for sale an c demonstration, with a minimum of one (1) full E u qualified demonstrator pilot employed wit' 0- current and appropriate FAA pilot ratings am FAA approved medical certificates. a 3. Customer and Warranty Services. Provider mus c be male to offer customer and warranty service, for any new aircraft purchased as a ,part of th+ <> c a sales or distributorship franchise agreemen with the manufacturer. _ 0 4. Facilities. Construct where directed by them Commission, or lease from the Commission, fo3 his exclusive use, a minimum of 518 square feel ? of office space to include restroom facilities, c 2 ' 3 Packet Pg.1479 C.43a The design and construction plans for th' � building must meet the Detailed Requiemeni J described in section V.D. ( ) (d) , (e)' , M ar � (g) . m LL . Insurance. Furnish required insurance described in Section V.D. ( ) day , (b) (c) C and (e) .y D. Aircraft, Engines Propeller, and Accessory �e Hance Services. A Provider in this category i authorized to operate an aircraft, engine., propeller and accessary maintenance and overhaul facility. Th ca following services are to be provided. cm 1. Equipment, Personnel and Certifications w_ Furnish facilities and equipment for airfram o cm 0 and power plant repairs, and employ sufficien cl qualified and certified A & P mechanics and sue; other personnel to adequately serve the flying public. depending upon level (i.e. ;Individual E c Primary, or Secondary) such airframes and powei W u plant repair shall include facilities for bat] W major and minor repair of aircraft airframes an( power plants used in general aviation in Monro€ u a County. 2. Additional Services. if required, demonstrate a the ability to and assume responsibility foi c promptly removing from the public landing area as soon as permitted by cognizant FAA and Civil Aeronautical. Board. Authorities, any disables LL aircraft upon request by the aircraft owner of c the Director of Airports.. c� c 7 u F Packet Pg.1480 C.43a 3.. Facilities Required..,.-by Primary and Seconda3 Services Fixed Base Operators For primary at J secondary service Fixed Base Operators, cor struct in a location directed by the Commissic m or lease .from the Commission for his exclusi,. LL u a use a minimum of 4800 square feet of hanga space, and a minimum of 1000 square .feet c c office, shop and storage space, plus sufficien c a ramp space adjacent to the hanger for aircraf parking. Design and construction must meet th am Detailed Requirements described in Section V.0 c (3) (d) (e) , (f) and (g) .. c� 0 4. Facilities Required by Individual Providers Individual providers of these services mu w a construct or lease in a location directed by th 0 0 Commission for his exclusive use 3000 squar feet of hangar space, and a minimum of 30 i square feet of office, shop and storage space 24 plus sufficient tiedown space in proximity o the hangar for aircraft parking. design an, a construction must meet the Detailed Requirement described in Section V.D. (3) (d) , (e) , (f) an+ TD (g) _ W W .. Insurance. Furnish required insurance a: a described in Section V.D. (5) (a) , (b) , (c) , (d a and (e) . E F. Avionics and Instrument Re air Service. A Provides 2M M in this category is authorized to operate a avionics ® m and instrument repair station. The following minimuz M services shall be provided, i C7 c 28 E u Packet Pg.1481 C.43a l Construct in a location directed by the Commis sign or lease from the Commission for hi J exclusive use a minimum of 500 square feet c shop and storage space, and, if available U_ sufficient ramp space adjacent to the facilit L for the parking of aircraft and/or storage an c a aircraft being worked on. otherwise, provide must make satisfactory arrangements, acceptabl 10 to the Commission, for access to and/or storag of aircraft being worked on. Design and con struction plans to be completed by the provide i ca shall meet the Detailed Requirements describe C4 in Section V.D. (3) (d) , ( ) , (f) and. (g) , w_ 2. Have available on a normal full-time basis FA.. o C4 a certificated technicians in the field of air o craft electronics and aircraft instrument repair, with proper Federal Communication Commission license to conduct complete aircraf E c transmitter, receiver and antennae repair.. E u F. Other Commercial Aeronautical Activities. All a commercial activities not covered by the foregoing, shall be subject to specific agreements and approval u a by the Commission. prior to the consideration by tha � Commission of such activities, a letter of applica- T tion, explaining in detail the nature of the opera c tion shall be submitted to the Airport Director by E the prospective tenant who shall determine the _ 0 requirements for such activities and notify the LL prospective tenant. thereof. The Commission may � designate the location and size of areas in which an3c9 commercial activities may be carried on and th( c 29 L) Packet Pg.1482 C.43a Commission may enter into a lease or agreement wit such applicant authorizing and permitting him t i function on the airport. No such commercial activit 24 shall be started or conducted without written permis OM w sign from the Commission. U a VI I. Background investigation c a All persons desiring to establish a business at a Monroe County Airport will be subject to the investigation of 0 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 i ca fulfill the requirements of a contract of lease, o VIII. Right to Modify w The Commission reserves the right to modify these 0 a standards from time to time as may be required for the o benefit of the general public and for proper and efficient operation of the airport. 1 . Precedence E c n the event of any conflict between the terms of these u minimum standards and the provisions of any lease, the a provisions of the lease shall be controlling. a c a .y c a 0 m w c ca c 30 o Packet Pg.1483 C.43.a Exhibit E - Insurance Requirements 20BEditi., AIRPORT LIABILITY AND HANGARKEEPERS LEGAL LIABILITY 0 INSURANCE REQUIREMENT FOR > CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND , ° Recognizing that the work governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft,the Contractor 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 is $5 million. a) U CL U 0 0 0 ° HKL4° r U Administrative Instruction 7500.8 66 Packet Pg. 1484 C.43.a 2018 Edition BUSINESS AUTOMOBILE LIABILTY INSURANCE REQUIREMENTS FOR CONTACT BETWEEN MONROE COUNTY, FLORIDA AND r r Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of W the contract and include, as a minimum,liability coverage for: N • Owned, Non-Owned, and Hired Vehicles Q CU The minimum limits acceptable is: $1,000,000 Combined Single Limit (CSL) E If split limits are provided, the minimum limits acceptable are: E a) $ 500,000 per Person CL $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. 0 0 0 Crj vE3 L_ Crj Administrative Instruction 7500.8 U 1 Packet Pg. 1485 C.43.a 2018 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS 0 FOR CONTRACT � BETWEEN MONROE COUNTY,FLORIDA AND r ° Prior to the commencement of work governed by this contract,the Contractor will obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition,the Contractor will obtain Employers' Liability insurance with limits of not less >- than; $1,000,000 Bodily Injury by Accident Ci $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee CU Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company or companies authorized to transact business in the state of Florida.. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self a) insurer, the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund U upon request from the County. 0 0 CU I- CU r WTC3 U V Ad ninis=ive Instruction 7500.7 89 Packet Pg. 1486 C.43.a 2018 Fdition ]POLLUTION LIABILITY INSURANCE REQUIREMENTS 0 FOR CONTRACT BETWEEN MONOE COUNTY,FLORIDA AND r Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of hazardous materials, the Contractor will purchase and maintain, throughout the life of the contract, Pollution/Environmental Liability Insurance which will respond to bodily injury, property damage, environmental damage, contamination, remediation, restoration, clean up costs, and defense caused by, as a result of, or arising from a pollution incident. The minimum limits of liability are: �~ $5,000,000 per Occurrence/$10,000,000 Aggregate If coverage is provided on a claims made basis, an extended claims reporting period of four (4) years will be required. CU The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. a) U CL U 0 Cn 0 0 POL4 r U Administrative Instruction 7500.7 75 Packet Pg. 1487 C.43.a 2018 Edition BUILDER'S RISK INSURANCE REQUIREMENTS 0 FOR CONTRACT � BETWEEN 0 MONROE COUNTY,FLORIDA AND r ° The Contractor is required to purchase and maintain, throughout the life of the contract, and until the project is accepted by the County, Builder's Risk Insurance on an All Risk of Loss form.. Coverage will 'include: Theft Aircraft Hail Smoke Explosion Fire Riot Collapse Civil Commotion Vehicles CU The policy limits will be no less than the amount of the Full Replacement Value of the completed structure and coverage will be provided on a Completed Value Basis. Property, materials, or supplies located on the construction premises, which are intended to become a permanent part of the building, will be included as property insured. CL The policy will be endorsed permitting the County to occupy the building prior to completion without effecting the coverage. Monroe County Board of County Commissioners shall be included as a Named Insured as their 0 interest may appear(ATIMA). 0 The policy will be endorsed to include the Monroe County Board of County Commissioners as the Doss Payee. > 0 The Contractor shall ensure that the County will be involved with all claim activities to include the settlement of all claims. No claims will be finalized without the prior approval of the County. CU I- CU r BR l U Administrative.instruction 7500.8 43 Packet Pg. 1488 C.43.a AC"R" CERTIFICATE OF LIABILITY INSURANCE DAT 7/V 2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW.. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDEN, IMPORTANT; If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.. A statement I this certificate hoes not confer rights to the certificate holder in lieu of such endorsernent(s), PRODUCER CONTACT AsstlredPartners Aerospace NAM! Spencer Dibble 2 548 Genesee Trail Road PHONE 72L77488251 FA% Golden„ CO 80401 E-M L Extl ;roc Nal 3t�352653t1. ADDRESS: .... sd"Ibble@airsure cam ..... ... .. .... ......... .......INSURER(SIAFFORDINGCOVERAGE ........ ......... ....... NAIC"i INSURERA• Starr Indemnitv&.Liability Company 38318 INSURED ...... ..... ........ ...... ......... ......... ......... INSURER B• Travelers Indemnity Company 25658 Marathon Aviation Associates, LLC„ et al INSURED G I E Insurance Corparatian 39217 9880 Overseas H Marathon, FL NO INsuRER©: CIoImmerce and Industry Insurance Company 19410 INSURER E INSURER F. COVERAGES CERTIFICATE NUMBER; 56459951 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERK INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION rION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TF CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED, BY T14E POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERV EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ...... TYPE OF INSURANCE ........ 'ADaL SUBR." ,.._POLICY EFE PCILICY txO LtVJfi1TS... LTR: IN SD WV . POLICY NUMBER MMIDDIYYYY MM1DDNYYY A ✓ COMMERCIAL GENERAL LIABILITY 100023116303 41112020 411/2021 EACH OCCURRENCE $25,000,000 ... DAMAGE 10 RENT E6. ... .... .... CLAIMS-MADE ✓ OCCUR PREMISES,fEaaccurrence) S .. .._MED EXP(Any one person) S25 rltl[J PERSONAL&ADV INJURY S GEN L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE _. E� POLICY PRO- LOG PRODUCTS•CONIPfOA AGG $.. JECT OTHER: S B AUTOMOBILE LIABILITY � ;BA9278A68520HPR 4f10/2020 411012021 (Ea,MMN D SINGLE LIMIT S1,000,000 ANY AUTO „, BODILY INJURY(Per person) S .. I _ OWNED AUTO SCHEDULED ��, i �BODILY'NJURY(Per accident S AI.I�"C]S C7NLY `'' AUTOS i. 1�,. _ I, :.. ..... .... HIRED NON C7'.NNEIJ .� ., .. PROPERTYDAMAGE... AU C]S C?NLY ^� -;AUTO$ON';_Y iEly .. �;� ,. ��. . JPrrr ac�iaae Q S � y q 7/23/_2020 .. UMBRELLA.LIAB OCCUR 3,+1' .li C��,•^,-�.'�,,..'.9—"°�"��",^,^—��""�—��,��,�,m I EAR.:1-OCC..URRENCE S. � EXCESS LIAR ... CLAIMS-MADE, ��..� AGGREGATE $t " DEa RETENTION S S C WORKERS COMPENSATION AWC0500248 411012020 411012021 SPE TATUTE EIx" ANC?EMPLOYERS'LIABILITY Y 1 N ........ ........ ......... ANYPROPRIE raR'AARTNERfEXE;UTIVE E L. EACH ACCIDENT $1,000,000 CJFFIGERtMEt3aEREXCLUCJED'� NIA ..... .... (Mandatory ere NH§ .�' E.L. MSEASE•EA EMPLOYEE S I,OQQ,O�r1 II,Pei describe under DESCRIPIPON,OF OPERATIONS below E L DISEASE-POLICY LIMIT , S1,000,000 D Storage Tank Pollution Liability ✓ FPL007511949 11t17,+2 119 11/17/2020 $1,000,000 Each Occurrence $2,000„000 Annual Aggregate $5,000 Deductible Each Lass DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space is required) 00 U. Except for Workers CompensationlEniployers Liability,the Certificate Holder is included as Additional Insured but only as respects operations of the Named Insured. We won't cover the Certificate Holder for claims arising out of their liability as manufacturer,seller, handler,distributor or service facility of any product or service sold,handled distributed or provided, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOI Monroe County BOCC THE EXPIRATION DATE THEREOF, 'NOTICE WILL BE DELIVERED Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 10085_ FX Duluth GA097 AUTHORIZED REPRESENTATIVE erin Dodd 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1489