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Item C16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: JUNE 14/15, 2000 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: APPROVAL OF A LEASE BETWEEN MONROE COUNTY AND TONY D'AIUTO, DBA. ANTIQUE AIRCRAFT RESTORATIONS FOR A PARCEL OF LAND AT THE FLORIDA KEYS MARATHON AIRPORT. ITEM BACKGROUND: MR. D'AIUTO WISHES TO LEASE A PARCEL OF UNDEVELOPED LAND ON THE EAST SIDE OF THE FIELD TO BUILD A FACILITY TO PERFORM AIRCRAFT MAINTENANCE AND REPAIRS. THE LEASE MANDATES THAT THE FACILITY BE COMPLETED WITHIN TWO YEARS, AND ALLOWS HIM TO CONDUCT HIS ACTIVITIES BOTH FROM THE SITE AND ON A MOBILE BASIS WHILE THE PROJECT IS UNDER PERMITTING AND CONSTRUCTION. PREVIOUS RELEVANT BOCC ACTION: NONE ON THIS ITEM. STAFF RECOMMENDATION: APPROVAL. MANY PILOTS ON THE FIELD HAVE TOLD US THAT ADDITIONAL MAINTENANCE FACILITIES FOR SINGLE ENGINE AIRCRAFT ARE NEEDED. LEGAL STAFF HAS RULED THAT ALLOWING THIS ACTIVITY ON THE FIELD IS IN KEEPING WITH OUR MINIMUM STANDARDS FOR AERONAUTICAL ACTIVITIES. TOTAL COST: NONE BUDGETED: N/A COST TO COUNTY: NONE REVENUE PRODUCING: YES AMOUNT PER MONTHIYEAR: $75601YR. APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DIRECTOR APPROVAL rtst+ Peter J. Horton DOCUMENTATION: Included X To Follow Not Required AGENDA ITEM # DISPOSITION: , ~ /pjh APD MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Tony D'aiuto, d/b/a Antique Aircraft Restorations Effective Date: 7/1/2000 Expiration Date: 6/30/2020 Contract Purpose/Description: Lease for an undeveloped parcel of land at the Florida Keys Marathon Airport. Contract Manager: Bevette Moore (name) # 5195 (Ext.) Airports - Stop # 5 (Department/Courier Stop) for BOCC meeting on: 6/14/00 Agenda Deadline: 5/31/00 CONTRACT COSTS Total Dollar Value of Contract: Revenue Producing Budgeted? N/A Grant: N/A County Match: N/A Current Year Portion: NIA Account Codes: 403-344101 Estimated Ongoing Costs: N/A (not included in dollar value above) ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Needed Yes No Reviewer Date Out Airports Director l2J ~/ ~ Risk Management JiL! 5 / cO O.M.B./Purchasing fLj 6 /#v County Attorney --1--1_ ) (~ ( ) (~ ( ) (~ ( ) ( ) ~+-t pete~ fA. W~ d-" W~~rtson ' ~A ~ (j(, John Carter Gb Wolff!- Rob Wolfe loJ.1::Joo .!SJ.s 100 JL!~ ~~oo Comments: LEASE AGREEMENT FOR AIRCRAFT MECHANIC FACIUTIES MARATHON AIRPORT THIS LEASE AGREEMENT is made and entered into on the day of , 2000, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, a political subdivision of the State of Florida, whose address is Marathon Airport, 9400 Overseas Highway, Marathon, FL 33050, hereafter County, Owner or Lessor, and TONY D'AIUTO, an individual, d/b/a Antique Aircraft Restorations, hereafter Lessee or Tenant. WHEREAS, the owners of various small private aircraft at the Florida Keys Marathon Airport (FKMAP), have requested that additional airplane mechanic services be made available at the FKMAP; WHEREAS, the FAA Advisory Circular entitled Exclusive Rights And Revised Minimum Standards For Commercial Aeronautical Activities dated April 7, 2000 contemplates the provision of the airplane mechanic services authorized by this lease; and WHEREAS, the County's Revised Standards for Commercial Aeronautical Activities, adopted by the County Commission on August 1, 1990, also contemplates the provision of the airplane mechanic services contemplated by this lease as long as certain capital improvements are made to the leasehold; now, therefore, WIT N E SSE T H: IN CONSIDERATION of the mutual consideration and promises set forth below, the parties agree as follows: 1. a) The County leases to Lessee an undeveloped parcel of land at the FKMAP approximately 100' by 250', hereafter the premises. The premises are depicted on Exhibit A which is attached to this lease and made a part of it. The ingress and egress to the premises are also depicted on Exhibit A but are not part of the premises. The County covenants to keep open such ingress/egress or to furnish the Lessee with access approximately equal to that depicted on Exhibit A. b) The Lessee may only use the premises for aircraft, engine, propeller and accessory maintenance services described in subsection VI(D)(l) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease as Exhibit B and made a part of it. No additional services may be performed by the Lessee without the consent of the Board of County Commissioners. Notwithstanding Exhibit B, the Lessee acknowledges that all applicable provisions of the County's Revised Standards are binding on the Lessee - whether or not attached and incorporated by reference into this lease - and that the County's Board of County Commissioners may amend or modify the Standards during the term of this lease and that such amendments or modifications will be binding upon the Lessee. - 2. a) The term of this lease is for twenty (20) years beginning on July 1, 2000 and ending on June 30, 2020 unless terminated sooner as provided herein. b) The rent is $7,500 per year ($.30 x 25,000 square feet = $7,500) or $625 per month. The rent may be paid annually or monthly. If the rent is paid annually, it must be paid in advance on or before July 1 st of each year commencing with July 1, 2000. If the rent is paid monthly, it must be paid in advance on or before the first of each month commencing with July 1, 2000. Beginning on July 1, 2001 and on the first of July for every year thereafter, the annual rent (or each monthly payment) will be increased by the percentage in the increase of the national CPI index for the previous calendar year. Alternatively, the rent may be increased as provided in a rates and charges study prepared by an airport consultant and adopted by the Board of County Commissioners. All rental payments owed by the Lessee 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 of Florida under Sec. 55.03, FS, for the year in which the rental payment(s) became overdue. The right of the County to claim interest - and the obligation of the Lessee to pay it - are in addition to, and not in lieu of, any other rights and remedies that the County may have under this lease or that are provided by law. c) The Lessee acknowledges that, notwithstanding the lease term provi~ed for in this paragraph and subparagraph 9(b), nothing in this lease creates any dutY or obligation on the part of the County to the Lessee, or to any third persons, to keep the FKMAP open and operating. If the County elects to close the FKMAP and cease operations, then this lease will automatically terminate with no liability whatsoever on the part of the County to the Lessee or any third persons who may have a contractual or business relationship with the Lessee. The Lessee will have the obligation to pay rent up to the date of closure but will otherwise have no further duty or obligation under this lease. The Lessee may also remove any fixtures and improvements to the premises that would otherwise become the property of the County under subparagraph 3(b). This subparagraph 2(c) will survive the automatic termination of this lease if the FKMAP is closed. 3. a) By June 30, 2002, the Lessee must have built, and obtained a certificate of occupancy for, the facilities required by subsection VI(D)(4) of the County's Revised Standards for Commercial Aeronautical Activities, a copy of which is attached to this lease and incorporated as Exhibit B. In order to assure that the facilities are, in fact, timely completed, the Lessee must adhere to the following construction schedule: 1) By December 31,2000, a complete application (complete as determined by the Monroe County Planning Department) for a conditional use must be filed with the Monroe County Planning Department; 2) By June 30, 2001, all necessary permits must have been received and facilities construction begun; 3) By June 30, 2002, the facilities must be complete, inspected and a certificate of occupancy received. The construction schedule set forth above are material terms and conditions of this lease. The failure of the Lessee to meet the construction schedule - at any step - is a material breach of this lease that entitles the County to terminate the lease under paragraph 10. The FKMAP Director may (but is under no obligation to do so) extend the construction schedule dates because of circumstances beyond the control of the Lessee such as hurricanes or other natural disasters. 2 b) At the end of the 20 year term of this lease, or if terminated sooner under paragraphs 9 or 10, the facilities required by this paragraph will become the property of the County without any payment due or owed the Lessee. During the term of this lease the Lessee must keep the premises and facilities, including the time while the facilities are under construction, free and clear of any liens or other encumbrances. If any lien or other encumbrance is filed on the facilities or premises, the Lessee must immediately cause the lien or encumbrance to be canceled and removed. c) When the facilities are nearing completion the County will provide paving from the taxiway to the premises' boundary line. The County is under no other obligation to furnish paving at the premises unless state or federal grant money becomes available for such paving and the Lessee is willing to pay any matching funds needed to obtain the grant. d) All utility services to the facilities are the responsibility of the Lessee. 4. During the first two years of this lease while the facilities required in paragraph 3 are under construction, the Lessee may provide the services described in subparagraph 1 (b) from a mobile vehicle or on other parcels at the FKMAP where the Lessee has the permission of the tenant(s). The authorization provided by this paragraph 4 is tempor~ry'imd terminates on June 30, 2002, unless the construction schedule for facilities has been extended by the FKMAP Director. ' 5. During the term of this lease the Lessee must keep in full force and effect the insurance required in Exhibit C. Exhibit C is attached to this lease and incorporated and made a part of it. 6. a) The Tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. b) That in the event of breach of any of the above nondiscrimination covenants, Owner shall have the right to terminate the lease and to re-enter and as if said lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, part 21 are followed and completed including exercise or expiration of appeal rights., c) It shall be a condition of this lease, that the Lessor 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 airspace above the surface of the real property hereinafter 3 described together with the right to 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 landing on, taking off from or operating on the airport. d) That the Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and othet obstructions on the hereinafter described real property to such a height so as to comply with Federal Aviation Regulations, Part 77. e) That the Lessee expressly agrees for itself, its successors and assigns to prevent any use of the hereinafter described real property which would interfere with or adversely affect the operation or maintenance of the airport, or otherwise constitute an airport hazard. f) This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United states of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of such lands from the Airport Owner, and any existing' or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Owner pertaining to the FKMAP. g) Notwithstanding anything herein contained that may be or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this agreement are nonexclusive and the Lessor herein reserves the right to grant similar privileges to another Lessee or other Lessees on other parts of the airport. 7. The privileges and rights granted Lessee under this lease are non-exclusive. The County reserves the right to enter into leases with other lessees to provide the same or similar services at FKMAP. 8. The Lessee may terminate the lease without cause upon giving the County at least 60 days written notice. If the facilities are complete, they will automatically become the property of the County on the termination date; if incomplete, the facilities remain Lessee's property and the Lessee will cause them to be removed at his own cost before the termination date. 9. a) The Lessee may not assign this lease or sublease the premises without the approval of the County's Board of County Commissioners. b) The Lessee may terminate this lease based on the failure of the County to perform a duty or obligation required of it under the lease by sending written notice to the County specifying the failure and giving the County at least twenty days from the County's receipt of the notice to correct the failure. If the County does not timely correct its failure to perform, then the Lessee may terminate this lease by sending written notification to the County of the termination. A waiver by the Lessee of an act of the County's failure to perform does not constitute a waiver of subsequent failures and does not prevent t~e Lessee from subsequently terminating this lease for cause.- ' 4 10. The County may terminate this lease based on the Lessee's failure to perform its duties and obligations under this lease by sending a written notice to the Lessee specifying the failure and giving the Lessee at least ten days to correct the failure. If the Lessee does not timely correct its failure to perform then the County may terminate this lease for cause by sending the Lessee written notification of the termination. The County's waiver of the Lessee's failure to perform its duties and obligations under this lease does not constitute a waiver of subsequent failures and does not prevent the County from subsequently terminating this lease for cause. 11. All written notices required under this lease must be sent certified mail, return receipt requested, to the following: Lessee Tony D'Aiuto, d/b/a Antique Aircraft Restorations 7500 Gulfstream Blvd. Marathon, FL 33050 Lessor Monroe County Florida Keys Marathon Airport 9400 Overseas Highway Marathon, FL 33050 12. Both parties have read and reviewed this lease agreement. Therefore, this agreement is not to be construed against any party on the basis of authorship. ' 13. This lease agreement is governed by the laws of the State of Florida and the United States. Venue for any litigation arising under this lease agreement must be in a court of competent jurisdiction in Monroe County, Florida. 14. This written lease represents the parties final mutual agreement and supersedes any prior agreements, whether written or oral. This lease agreement may only be modified by a written amendment signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this lease agreement on the date first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson ATTEST: ~~~~ ANTIQUE AIRCRAFT RESTORATIONS By ~ /' ToilYiYAluto jdairportantiqueaircraft 5 ---- ....--~.---~ ....::::=....---- :::= - -...-- 1-- . ---~ -'- - - -:.-. - ~ -----. . ._-.=-,-~.._---~ ------- =~--r-- --;;o~-~;Rs I ~ r --L--, ELEV: 1 7.0 ~ I .'\\' f :It :21 <+----- - -~=~-----~~r- ~ - :'j =jf ~ll~.'G 8p'~ -.: _1.1 . 0: ~ . :-- -,- · eft ~O~;')j'''' I'(j - · . t. ill . ..". . , \. , /.'J\"!\. ,~,.:r' ~rt N L - .....- ~ , ".,.-, -------------------------_1 ~ - !l!:::__:-::!I:- _-----------_______ ___ .._~.. ---------------------.-.-~ . .",-"""'- - oM - - - · O' - 1..___=-=:..=:=:=::::_____ @~~ti'. - -- --- -I VI- _ _ _____ - ~~- ~ . . ---- . --- ----- \ )\ l ..,..., V"Y -- -- -- ) } ~ . - S .q: 1 ..1 0 . 'ta -cr.' 'Q' '" (.U. ~ a ioe ~ ,e ~ q:- , , lSQ.:...... W '::J .0 ' G ~ "If~'" - toI IJ,.~ ... ~. ~, EXHIBIT :A ", _::-:~-::!.~ ; ~ EXHIBIT 'B' FIXED BASE OPERATORS MINIMUM STANDARDS Division of Community Services A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, APPROVING THE REVISED MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES, BY FIXED BASE OPERATORS AND OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS. RESOLUTION NO. 374 -1990 - WHEREAS, the Board of County Commissioners of Monroe County, Florida, previously approved Minimum Standards for Comrnercial Aeronautical Activities by Fixed Base Operatora at the Monroe County Airports, and WHEREAS, the Board of County Comrniuioners reierves the right to modify these standards from time to time IS may be required for the benefit of the general public and for proper and' efficient operation of the airports, and WHEREAS, the Board of County Commissioners Wishes to revise the minimum standards; now, therefore, , ., , , BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Board hereby approves and adopts the attached Minimum Standards for Commercial Aeronautical Actiyities by Fixed Base Operators and other Aeronautical Service Providers at MOnroe County Airports. PASSED AND ADOPTED by the Board of County Commissioners of , . cl1onr~e Q ~ fDn ~ l.. 6: n Coun~y, Florida, at a regular meeting of said Board held A1 day of 4-V"., r . A.D. 1990. :;.::.' In - .. - C' l.. c.. W ...J k: ~ ~ . ~... -;. :.J~ -: :z: c:.1 0 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY, dt.~ MAi:OR/t,;HAl.lUiAll (Seal) Attest: DANNY L. KOLHAGE, CIeri:: ~~'1./J/ APPROVED AS TO FOf,; AND LEGAL SUFFlell.~ ' (\ "'~~'~S\.U~~~\~2-[J }~,~X 6,) II., III. MINIMUM STANDARDS FOR COMME~CIAL AERONAUTICAL ACTIVITIES BY FIXED BASE OPERATORS AN~ OTHER AERONAUTICAL SERVICE PROVIDERS AT MONROE COUNTY AIRPORTS INDEX - I. DEFINITIONS A. Aeronautical Activity or Service B. Airport C. Airport Director D. Airport Master Plan or Airport Layout Plan E. Applicant F. Commission G. County Administrator H. Fixed Base Operation I. Minimum Standards J. Person(s) or Provider(s) K. Rules and Regulations SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE APPLICATION A. How Made B. Minimum Application Information (1) Applicant (2) Scope of Operations (3) Management Capability (4) Financial Responsibility (5) Facilities Proposed (6) Lease Term(s) ~ .",,'" ... (7) Capital Investment (8) Insurance IV. STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES A. Hanagemen t B. Financial Responsibility C. Certifications D. Insurance V. FIXED BASE OPERATIONS STANDARDS A. Primary Services B. Secondary Services (1) General 12) Flight Instruction (3) Aircraft Charter, Air Taxi and Sightseeing Services C. Exclusions (1) Ground Transportation For Hire (2) Western Union and/or Other Commercial Telecommu- nications Services (3) Auto Rental Services (4) News and Sundry Sales (5) Barber, Valet and Personal Sales (6) Wholesale or Retail Sale of Non-aviation Products (7) Automotive Gasoline Station (8) Automotive or Marine Maintenance and Repair Services D. Detailed Requirements (1) Investment (2) Premises (3) Construction (a) Tiedowns (b) Hangars (cl Auto Parking '., 2 (d) Site Plan (e) Utilities (f) Building COdes, Permitting Requirements, Reg- ulations and 'Standards (g) Final Approval Authority (4) Sale of Aviation Petroleum Products, Ramp Service, and Storage .. ...... (a) Aircraft Parking Apron and Service Ramp (b) Fuel Tank Farm and Refuelers (c) Pumping Equipment (d) Hours of Operation (e) Terminal Building Facilities ( f) Ground Rods (g) Flight Line Repairs (5) Insurance (a) General (b) Fire, Extended Coverage, and Vandalism (c) Indemnity (d) Property Damage Liability (e) Performance Bond (6) Fees (a) Fuel Flowage Fees (b) Airport Usage Fee 1. Gross Receipts (7) Term of Lease VI. PARTIAL OR INDIVIDUAL AERONAUTICAL SERVICES A. Flight Instruction and Aircraft Rental Services (1) Personnel and Certifications (2) Aircraft and Equipment (3) Facilities (.C) Obligations and Responsibilities 3 I:. VII. VIII. IX. (,5) Insurance B. Hon-Scheduled Aircraft Charter, Air Taxi, and Sightseeing Services (1) Personnel and Certifications (2) Aircraft and Equipment (3) Facilities (4) Insurance C. Aircraft Sales (1) Sales or Distributorship Franchise Agreement (2) Personnel, Certifications, and Hours of Operation (3) Customers and Warranty Services ,(4) Facilities (5) Insurance D. Aircraft, Engine, Propeller, and Accessory Maintenance Services (1) Equipment, Personnel, and Certifications (2) Additional Services (3) Facilities Required by Primary and Secondary Ser- vices Fixed Base Operators (4) Facilities Required by Individual Providers (5) Insurance E. Avionics and Instrument Repair Servi~es (1) Facilities (2) Equipment, Personnel, and Certifications (3) Insurance F. Other Commercial Aeronautical Activities BACKGROUND INVESTIGATION RIGHT TO MODIFY PRECEDENCE <4 ~ ............ MINIMUM STANDARDS FOR COMMERCIAL' AERONAUTICAL ACTIVITIES BY FIXED BASE OPERATORS AND OTHER AERONAUTICAL SERVICE PROVIDERS AT 'MONROE COUNTY AIRPORTS ~ The Monroe County Board of County Commissioners, recoqnidnq the need for orderly development of its airports and the necessity of protectinq the public health, safety, and interest in the county airports, hereby promulqates and adopts the fOllowinq procedures and minimum standards for the Use of any land or facility on said airports. I. ~s used herein, the fOllowing terms shall have the mean- ings indicated: Definitions A. Aeronautical ActiVity or Service. Shall mean any activity or service whether or not conducted on or off airport property which inVOlves, makes Possible, supports, or is required for the operation of air- craft or which contributes to, or is required for, the safety of such operations and shall inClUde, but not by way of limitation, all activities or services conunonly conducted on airports, such as: Charter operations, air taxi, pilot traininq, aircraft rental, sightseeing, aerial photography, crop dust- ing, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales and service, sale of aviation petroleum prOducts, whether or not conducted in .conjunction with other included activi- ties or services, repair and maintenance of aircraft, sale of aircraft, parts, sale or maintenance of aircraft accessories, radio conununication and '..."', 5 navigation equipment, and any other activity which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity or service. B. Airport. Shall mean any airport owned and operated by Monroe County. C. Airport Director. Shall mean the Monroe County Director of Airports. D. Airport Master Plan or Airport Layout Plan. Shall mean the currently approved scaled dimensional layout of the entire airport property indicating current and proposed usage for each identifiable segment as approved by the Commission and amended from time to time. E. Applicant. Shall mean any person(s), firm, general or limited partnership, corporation, trust or associ- ation, making application for, leasing or using any land or facility at the airport for the conduct of a commercial aeronautical activity. F. Commission. Shall mean the Monroe County Board of County Commissioners. G. County Administrator. Shall mean the administrator of Monroe County. H. Fixed Base Operation. Shall mean the person(s) engaging in Primary Comm~rcial Support Services, at a minimum, as described in Section V.A. I. Minimum Standards. Shall mean the qualifications established herein, as amended from time to time by the Commission Upon recommendations of the County Administrator and/or the Airport Director, setting forth the minimum requirements to be met as a 6 Ice ~ , , , condition for the right to conduct any aeronautical activity on the airports. J. Person(a) or Provider(a). Shall mean any person(s), firm general or limited partnership, corporation, trust or association leasing or using any land or facility at the airport for the conduct of a commer- cial aeronautical activity. ~ ........ K. Rules and Requlations. Shall mean the rules and regulations as may be promulgated from time to time by the Commission to protect the public health, safety, interest, and welfare on Monroe County's Airports, and to augment the ordinances and resolu- tions pertaining to the airport. II. S ecial Restrictions on Air ort Land and Facilit Use No person shall be granted the right to conduct any commer- cial aeronautical activity upon the airport, nor shall any person be permitted to use any land or conduct any commer- cial aeronautical activity or the solicitation of business in connection therewith, unless such aeronautical activity is conducted in 'accordance with the standards herein established and as hereinafter may be amended from time to time by the Commission and the issuance of the proper permits, licenses, and/or the execution of a valid con- tract or agreement with Monroe County to conduct such activities with the county. III. Application A. How Made. Applications for the lease of ground and/or facilities on the airport or for permission to 7 carryon any commercial business or aeronautical activity on the airport with the necessary permits and license shall be made to the Airport Director. The Airport Director shall thereafter present the application to the Commissipn. The applicant shall submit all information and material necessary, or requested by, the Commission to establish to the satisfaction of the Commission that the applicant will qualify and will comply with these standards, . rules and regulations. The application shall be signed and submitted by a party owning an interest in the business, or the individual who will be managing . '., the business, or a partner of a partnership, or a director or an officer of a corporation. B. Minimum Application Information. The Commission will not accept or take action on any request to lease building space or land area or in any way permit the installation of a commercial activity until after the proposed lessee, in writing, submits a proposal which sets forth the scope of operation he proposes, including the following: 1. Applicant. The name and address of the appli- cant. 2. Scope of Operation. Description of proposed land Use area or facility soughtand/or con- struction and service activities proposed. 3. Manaqement Capability. The names and qualifica- tions of the key management and operating personnel to be involved in conducting such activity. 8 ,- 4. Financial Responsibilit~. A certified financial statement prepared by an independent accountant or an irrevocable letter of credit from a recognized financial institution supporting the responsibility and ability of the applicant to provide the facilities and perform the activi- ties sought for a minimum of one (1) year, together with a Pro Forma operating statement for the year. The Commission shall be the sole judge of what constitutes adequate financial capacity. 5. Facilities Proposed. The facilities, tools equipment, and inventory, if any, proposed to be furnished in connection with such activity. 6. Lease TermsCs). The requested or proposed date of commencement of the activity, and the term(s) of conducting same. 7. Capital Investment. The estimated cost of any structure or facility to be furnished, the proposed specifications for same, the means or method of financing such construction or acqui- sition of facilities, and the schedule of capital investment. 8. Insurance. The specific types and amounts of insurance proposeq in accordance with minimum requirements for the activity. IV. Standard Requirements for all Aeronautical Activities Every applicant for permission to conduct aeronautical activities at the airport shall satisfy the Commission that he meets the following requirements: 9 I .: ~ ..... 'y... A. Manaqement. . That such applicant haa a history of management ability in conducting the same or similar or comparable type of service or activity in a good ~ and workmanlike manner. B. Financial Responsibility. That such applicant has the financial responsibility and ability to provide the facilities and services proposed. C. Certifications. The applicant has or can reasonably secure necessary certificates from the FAA or other D. authority required for the activity proposed. . Insurance. That the applicant has or can furnish sui table indemnity insurance or bond to protect and hold harmless Monroe County from any liability in connection with the conduct of the activity proposed. V. Fixed Base Operations Standards The following standards described herein are established by the Commission as the minimum requirements with which any Fixed Base Operator working to establish a full service commercial aviation facility at a Monroe County Airport must comply. It is understood that only minimum standards are outlined herein and that any applicant wishing to establish a Fixed Base Operation at a County airport must negotiate a lease agreement with the Commis- sion which will contain additional contractual provisions that are not described herein. A. Primary Services. Primary commercial aeronautical support services shall consist of those services rendered directly to general aviation aircraft, which are identified as all aircraft using the airport except the aircraft of certificated air carriers who are tenants of the airport. Such services must 10 .- . include, but not be necessarily limited to, aircraft arrival guidance, flight line servicing, including the sale and enplaned delivery of aviation fuel and petroleum products,' providing minor airframe, power plant, and avionics maintenance service to aircraft and aircraft equipment and accessories as from time to time may be required by aircraft operating or based at the airport, ramp assistance to aircraft, including aircraft parking, storage, and tiedown services, gratuitous passenger transpoFtation servic- es between the demised premises and other places of origin and destination on the airport for lessee's patrons arriving in non-commercial aircraft, provid- ~ , ' ing emergency service to disabled aircraft on the airport, including towing or transportation of disabled aircraft having a gross landing weiqht not in excess of 12,500 pounds to the demised premises at the request of the owner or operator of the disabled aircraft or the Airport Director. B. Secondary Services. In addition to the foregoing, the Fixed Base Operator may provide Secondary Commer- cial Aeronautical Support Services. It is understood that providing these services by the Fixed Base Operator is strictly at his own election. However, if he so elects, he must comply with the minimWll standards outlined below. A Fixed Base Operator providing these additional services will be offered a longer lease term than a Fixed Base Operator provid- ing only Primary Services. The Secondary Commercial Aeronautical Support Services shall consist of those services generally offered at any airport which are 11 I - not classified as beinq in primart support of air,;. craft usinq the airport. Such services shall include but not be limited to: 1. General; Providing maior airframe, power plant, avionics maintenance service to aircraft and aircraft equipment and accessories as is from time to time required by aircraft operating or based at the airport, charter or rental of aircraft, with or without pilot, air taxi "..... ... . service, sightseeing services, cargo handlingl the sale or brokerage of new or used aircraft parts and accessories; meteorological services, aerial photography and surveying; the mainte- nance and servicing, including fueling, of aircraft ground servicing equipment of other tenants of the airportJ and the 8ale from vending machines or similar facilities located within the demised premises of convenience foods, amenities, and non-alcoholic beverages, provided that such sales shall be limited to aeronautical customers of lessee, and shall not be made in the form of a restaurant operation, and shall be strictly Hmi ted to vending ma- chines or similar facilities for the convenience of other than airline passengers. 2. Flight Instruction. '1'he operation of an FAA approved flight schoql so as to provide instruc- tion from primary flight training through and inClUding qualifying for an A.T.R. 12 3. Aircraft Charter, Air Taxi and Siqhtseeinq Services. Providing pilots for the operation of aircraft owned by others and to carry passengers and freight for hire, on a non-scheduled basis, which shall include sightseeing privileges, subject to all appropriate laws and regulations of the Federal Government, the State of Florida, the requirements of the FAA, or any other duly authorized governmental agency. Exclusions. The following concessions and the establishment thereof shall be specifically excluded from the lease of any Fixed Base Operator! 1. Ground transportation for hire 2. Western Union and/or other commercial telecommu- nications services 3. Auto rental services 4. News an~ sundry sales 5. Barber, valet and personal sales 6. Wholesale or retail sale of non-aviation prod- ucts 7. Automotive gasoline station 8. Automotive or marine maintenance and repair service for vehicular or marine equipment of the general public or other tenants of the Airport D. Detailed Requirements. A Fixed Base Operator wishing to engage in a business on the airport, which must include all of the services classified as primary and may include secondary commercial aeronautical support services hereinbefore described, will also be re- quired to meet the following detailed requirements! ~ , " C. 13 -- 1. Investment. 'l'he minimum investment in facili- ties, toola, and equipment excludinq aircraft to provide Primary Services at the airport is $300,000, part, of which may be satisfied by the leasinq of exiatinq facilities, the value of which shall be determined by the commission. The minimum investment in facilities, tools, and ~ , " equipment to provide Secondary Service is an additional $300,000. 2. Premises. Each Fixed Base Operator must lease a minimum of two (2) acres of airport property for primary Service and an additional one (1) acre for Secondary Services in the area desiqnated by the Conunission. This requirement may be modi- fied based upon availability of land. 3. Construction. al Tiedowns. 'l'iedown facilities must at all times be provided for a number of aircraft at least equal to the number, type and size of aircraft owned by the operator andlor based at the operator's facilities, plus an additional minimum of thirty (30) tiedown facilities for transient aircraft. This requirement may be modified based upon availability o~ land. b) Hanqars. Hanqars constructed or leased from the Commission for the rental of space for aircraft storaqe or for aircraft and enqine repair, shall not be less than 4800 square feet in floor area. The quality and desiqn of all hanqars to be constructed is 14 I ." Subject to approval by' the Commission prior to construction. Auto Parking. A hard surfaced automobile parking area, adjacent to the main build- ing, with a minimwn of twenty spaces will be required, Subject to availability of land. Site Plan. All site, building and facili- ties location, plans for the area leased must be reviewed and approved by the Airport Director. Utili ties. All proposed utili ties to be brought into the property must be reviewed and approved by the Airport Director. Buildinq Codes, Permittinq Requirements, Requlations and Standards. All construc- tion, including facility installations and bUilding structures must comply with all appropriate local, state, and federal building, structural, electrical, HVAC, plwnbing, mechanical, fire, flood, and health protection codes, permitting re- qUirements, regulations and standards as applicable and established by the appropri- ate governmental agencies. g) Final Approval Authoritv. All of the proposed construction and improvements will be subject to the final approval authority of the COIllIllission. 4. Sale of Aviation Petroleum Products, Ramp Service and Storaqe. A Fixed Base Operator is c) ',', ., d) e) f) 15 , -- authorized to receive, store,' and dispense at retail, aviation fuel, oil, and other aviation petroleum products. The following minimum s~rvice8 are to be provided: a) Aircraft Parkinq Apron and Service Ramp. Lease from the CODllllission or provide with the approval of the cODllllission a minimum of _,. two (2) acres (subject to aVailability of land) of Portland Cement Concrete or asphalt paved areas with tiedown facilities as described in Section V.D. (3) (a) for based and transient aircraft parking apron with access or accesses to taxiways. The type of pavement and pavement section thickness shall be determined by the Airport Director. The minimum area of the corresponding transient or service ramp shall be approved by the Commission. b) Fuel Tank Farm and Refuelinq Vehicles. Provide and lIlaintain a minimulll of 20,000 gallons aviation fuel storage capacity, meeting all applicable local, state, and federal safety and permitting requirements in a location acceptable to the Commission, for each grade of aviation fuel usually required for aircraft using the airport. In this regard 100 octane aviation gasoline and Jet A aviation kerosene base fuel, shall be available at all times. FBO shall operate and lIlaintain in good condition ~n adequate number of aircraft refueling 16 I . - - vehicles for each type 'of product sold. Each refueling vehicle ahall be of adequate volume and pumping capacity to SUfficiently service these aircraft normally using the c) airport. Pumpinq Equipment. Provide and maintain pumping equipment meeting all applicable " ' , local, state, and federal 8afety and permitting requirements with reliable metering devices subject to state and independent inspection and with a pumping efficiency and capacity capable of servic- ing those aircraft normally using the airport. d) Hours of Operation. Have personnel on duty at all times during normal business hours of 0800 to 1800 seven days a week and at such other times as is necessary to satisfy reasonable demands for aircraft aervices. e) General Aviation Terminal Buildinq Facilities. Construct in a location approved by the Commission, or lease from the Commission bUilding space with a minimum of 600 square feet, comfortably heated 'and air conditioned with waiting rooms for passengers and crew of aircraft, inClUding sanitary restrooms and public telephone. Design and construction plans for the facility must be reviewed, approved, and/or permitted by all applica- ble local, state, and federal agencies, and 17 , . - f) approved by the Commission prior to con- struction of the facility. Ground Rods. Install at all fixed fueling locations 'adequate grounding rods to reduce the hazards of static electricity. g) Fliqht Line Repairs. A Fixed Base Operator shall demonstrate a capability to perform minor aircraft and engine repairs of the type generally known as flight line re- pairs. s. Insurance. a) General. A Fixed Base Operator shall maintain all required insurance and bonds wi th insurance underwriters authorized to do business in the State of Florida. satis- factory to the Commission. All policies shall name Monroe County, as additional insured. The Fixed Base Operator ahall furnish the Commission with a certificate of insurance Showing such insurance/bonds to "be in full force and effect during the entire term of the contract. All policies shall contain a provision that written notice of cancellation or any material change in the policy by the insurer will be delivered to the Airport Director thirty (30) days in advance to the effective date of such cancellation or change. bl Fire, Extended Coveraqe and Vandalism. The Fixed Base Operator shall at its Bole cost . and expense, cause all improvements on the 18 ~ ','" .... demised premises to be kept insured to the full replacement value thereOf, aqainst the perils of fire, extended coveraqe, and vandalism' and in the amounts customary against the perils of explosion from boilers and pressure vessels, sprinkle leakage and like perils. 'l'he proceeds of any such insurance paid on account of any of the perils aforesaid, shall be used to defray the cost of repairing, restoring or reconstructing said improvements. c) Indemnitv. 'l'he Fixed Base Operator shall assume all risks incident to, or in connec- tion with, its business to be conducted and .,., " shall be solely responsible for all acci- dents or injuries of whatever nature or kind to persons or property caused by its operations at the airport, and shall indemnify, defend and harmless Monroe County, ,its elected and appointed offi- cials, employees, authorized agents and representatives from any penalties for violation of any law, ordinance or regula- tion affecting its operation, and from any and all Claims, suits, losses, damages or injuries to persons or whatsoever kind of nature arising directly or indirectly out of such bUSiness, or resulting from the carelessness, negligence, or improper conduct of the Fixed Base Operator, or any of its agents or employees. 19 I . - d) Commercial General Liab!lit~. The Fixed Base Operator will be required to provide Commercial General Liability In8urance in the amount of not less than $1,000,000 combined single limit, which shall apply with respect to liability because of injury to persons or destruction of aircraft or aircraft parts, inClUding the 1088 of use of aircraft, which are the property of others and are in the custody of the Fixed Base Operator for storage, repair or safekeeping in or on the airport. , " ~ At all times during the term of the lease the limit of liability must be such that in the event of a loss the Fixed Base Operator will be completely insured with respect to anyone accident. In accordance with paragraph SC, Indemnity. e) Performance Bond. Prior to the commence- ment of any construction a Fixed Base Operator will provide and deliver to the Commission a Performance Bond in the amount of the budget estimate for all construction costs, 'which.hall be conditioned upon the 'full and faithful performance by the Fixed Base Operator of all duties, responsibili- ties and obligations to design and con- struct all bUilding,' hangar and/or associ- ated facilities herein required. 20 6. Fees. In addition to land rental and other fees established during lease negotiations, the Commission may, from time to time, establish other fees such as, a) Fuel Flowage Fees. If Monroe County 80 elects to establish a fuel flowage fee, the Fixed Base Operator will pay the county the fee for aircraft fuel pumped into aircraft for any purpose, except for that fuel pumped into aircraft exempt from fuel flowage fees pursuant to agreement with Monroe County, the terms to be finalized at the time of establishment. bl Airport Usage Fee. Monroe County may also elect to establish an airport usage fee. In that event, the Fixed Base Operator will be required to pay the fee based on a percentage of the Gross Receipts (hereinaf- ter defined) received by the Fixed Base Operator from all commercial operations conducted on, in or from the leased premis- es, the terms to be finalized at the time of lease negotiations. (1) Gross Receipts. The term -Gross Receipts. shall consist of all revenue received or realized by or accruing to the Fixed Base Operator from all sales, for cash or credit, of servic- es, products or other merchandise made pursuant to the priVileges authorized by its agreement with the county, 21 -- ~ ......... .... 7. excluding revenue derived from the sale of aircraft fuels. All revenues shall be deemed to be received at the time' of the determination of the amount due the Fixed Base Operator for each transaction, whether for cash or credit, and not at the time of billing payment. Any taxes imposed by law which are separately stated and paid for by the customer, and which are directly payable to the taxing author- ity by the Fixed Base Operator, shall be excluded from the receipts of the Fixed Base Operator for the computa- tion of the percent~ge assessment. Term of Lease. The lease term that will be granted to a Fixed Base Operator meeting all of the standards for providing Primary Services hereinbefore set forth will be for a period of five (5) years with an option to renew for one (1) additional five (5) year period, subject to renegotia tions of fees and charges in addition thereto. The contract amount agreed to ,herein may be adjusted annually in accordancewith the percentage change ~n the Consumer Price Index (CPI) for Wage Earners and Clerical Workers in the Miami, Florida area index, and Ihall be based upon the annual average CPI computation from January 1 through December 31 of the previous year. A Fixed Base Opera tor providing Secondary Service will be allowed the option to 22 1_ renew for two additional five' (5) year periOds, a180 subject to the reneqotiation of fee. and charqes in addition thereto. VI. Partial or Individual Aeronautical Services In the event a person desires to establish a busines8 on a Monroe County Airport which includes only a part of the elements of primary and/or secondary commercial aeronautical support services, excluding sale of aviation fuel, as herein before defined, such person, will be required to negotiate a lease with . the Commission upon terms, conditions, and standards necessary for the protection of the public health, welfare, and safety. In order to provide partial or individual aeronautical services, it will be necessary to meet the minimum requirements listed under the specific cateqory as described below. In addition to the providers of individual services, all Fixed Base Operators providinq these services must also meet the minimum requirements. A. Fliqht Instruction and Aircraft Rental Services. A provider in this cateqory is authorized to carry on fliqht and qround school instruction and to rent aircraft. ~he followinq is required: 1. Personnel and Certifications. Have available on a full' time ~mployment basis a minimum of one (1) pilot appropriately rated, and with all applicable and current Federal Aviation Administration Instructor Pilot and Federal Aviation Administration approved Medical Certificates and possess all the required Federal Aviation Administration approvals for 23 -- ,," .... qround school curriculum. 2. Aircraft and EqUi~ment. Provide and at all times maintain, in accordance with FAA require- ments, a minimum of one (1) aircraft owned or leased by and under the exclusive control of the Provider, which is properly equipped as required by the FAA requlations and is certified for flight instruction and rental. J. Facilities. Construct in a location directed by the Commission or lease from the Commission for his exclusive use, a minimum of 500 square feet of classroom and/or office space, to include restrooms, unless same are provided under other categories in a multi-category service. Design and construction plans must meet the Detailed Requirements described in V.D (3) (d), (e), (f) and (g.). 4. Obliqations and Responsibilities. Obligation and responsibility for determining that personnel operating rental aircraft obtained from the Provider have appropriate and current FAA Pilot licenses, ratinqs, approved Medical Certificates, and are capable of operating the aircraft to be rented or leased, and knowledqeable of all applicable airport rules. 5. Insurance. Furnish required insurance as described in Section V.D. (5) (a), (b), (c), (d) and (e). B. Non-SchedUled Aircra it Charter, Air Taxi and Siqht- seeing Services. A Provider in this cateqory is authorized to operate a non-scheduled charter service 24 ~ .... ....... , and non-scheduled air taxi service. Copies of all applicable certificates required ot the .Provider by the FAA shall be provided to the Commisaion. In addition, the Provider shall meet the following minimum requirement8' 1. Personnel and Certifications. Have available on a full-time employment basi8 a minimum of one or two FAA certified pilot8 with current commercial and instrument rating8 and appropriate and current FAA approved Medical Certificates a8 crew for his aircraft. 'the number depends on the type of aircraft used. .,.', " 2. Aircraft and EQuipment. Provide and at all times maintain a currently certified and contin- uously airworthy aircraft owned or leased by the under the exclusive control of the Provider, properly certificated and equipped for Air charter or air taxi service AS required by current TAA regulations. 3. Facilities. Construct a bUilding in a location directed by the Commission or lease from the Commission for his exclusive use, a minimum of 500 square feet in a building to provide for waiting and ch~cking in of passengers, handling of luggage, restroom facilities and public telephone, (unless restroolll8 And telephone Are provided under other categories in A multi-cAtegory proposal), plus must provide satisfactory parking and ground transportation. Design and constructions plans for such 2S I ~ C. facUi ties must meet the Detailed Requirements described in V.D. (3) (d), (e), (f) and (g). 4. Insurance. Furnish required insurance as described in Section V.D. (5) (a), (b), (c), (d) and (e). Aircraft Sales. A Provider in this category is authorized to conduct an aircraft sales operation. In this category, the Provider shall meet the follow- ing minimum requirements: 1. Sales or Distributorship Franchise Aqreement. Have a sales or distributorship franchise agreement from an aircraft manufacturer or a substi tute arrangement satisfactory to the Commission. 2. Personnel, Certifications and Hours of Opera- tion. Have available during normal working hours of 0800 to 1800. FAA certificated and currently airworthy aircraft for .ale and demonstration, with a minimum of one (1) fully qualified demonstrator pilot employed with current and appropriate FAA pilot ratings and FAA approved medical certificates. 3. Customer and Warranty Services. Provider must be able to offer customer and warranty services for any new 'aircraft purChased as a part of the sales or distributorship franchise agreement with the manUfacturer. 4. Facilities. Construct where directed by the Commission, or lease from the Commission, for his exclusive use, a minimum of 500 square feet of office .pace to include restroom facilities. ~ 26 The 'design and construction' plans for this bUilding must meet the Detailed Requirements described in Section V.D.(3) (d), (e), (f) and (g) . 5. D. Insurance. Furnish required insurance as described in Section V.D. (5) (a), (b), (c), (d) and (e). Aircraft, Enqine, Propeller, and Accessory Mainte- nance Services. A Provider in this category is authorized to operate an aircraft, engine, propeller, and accessory maintenance and overhaul facility. The following services are to be provided. 1. Equipment, Personnel and Certifications. Furnish . hcili ties and equipment for airframe and power plant repairs, and employ sufficient qualified and certified A , P mechanics and such other personnel to adequately serve the flying public. Depending upon level (i.e. IndiVidual, Primary, or Secondary) such airframes ~nd power plant repair shall include facilities for both major and minor repair of aircraft airframes and power plants used in general aviation in Monroe County. 2. Additional Services. If required, demonstrate the ability' to and assume responsibility for promptly removing from the public landing area as soon as permitted by cognizant FAA and Civil Aeronautical Board Authorities, any disabled aircraft upon request by the aircraft owner or the Director of Airports. 27 ~ " , 3. Facilities Required by Primary and Secondary . Services Pixed Base Operators. For primary and secondary service Pixed Base Operators, con- struct in a location directed by the Commission or lease from the Commission for hi. exclusive use a minimum of (800 square feet of hangar space, and a minimum of 1000 square feet of office, shop and storage space, plus sufficient ramp space adjacent to the hanger for aircraft parking. Design and construction must meet the Detailed Requirements described in Section V.D. (3) (d), (e), ef) and (g). 4. Facilities Required by Individual Providers. Individual providers of these services must construct or lease in a location directed by the Commission for his exclusive use 3000 square feet of hangar space, and a minimum of 300 square feet of Office, shop and storage space, plus sufficient tiedown space in proximity of the hangar for aircraft parking. Design and construction must meet the Detailed Requirements described in Section V.D. (3) Cd), Ce), Cf) and Cg) . 5. Insurance. Furnish required insurance as described in. Section V.D. (5) Ca), Cb), Cc), Cd) and ee). E. Avionics and Instrument Repair Service. A Provider in this category is authorized to operate a avionics and instrument repair station. The fOllowing,minimum services shall be provided, 28 ~ .... ,..... , , '1. Construct in a location directed by the Commis. sion or lease from the Commission for his exclusive use a minimum of 500 square feet of shop and storaqe space, and, if available, sufficient ramp space adjacent to the facility for the parking of aircraft and/or storage and aircraft being worked on. Otherwise, provider must make satisfactory arrangements, acceptable to the Commission, for access to and/or storage of aircraft being worked on. Design and con- struction plans to be completed by the Provider shall meet the Detailed Requirements described in Section V.D. (3) (d), (e), (f) and (g). 2. Have available on a normal full-time basis FAA certificated technicians in the field of air- craft electronics and aircraft instruments repair, with proper Federal Communications Commission license to conduct complete aircraft transmitter, receiver and antennae repair. F. Other Commercial Aeronautical Activities. All commercial activities not covered by the foregoing, shall be subject to specific agreements and approval by the Commission. Prior to the consideration by the Commission of such activities, a letter of applica- tion, explaining in detail the nature of the opera- tion shall be submitted to the Airport Director by the prospective tenant who shall determine the requirements for such activities and notify the prospective tenant thereof. The Commission may designate the location and size of areas in which any commercial activities may be carried on and the ~ .............. 29 I _ Commission may enter into a lease or aqreement with Buch applicant author1zinq and permittinq him to 'function on the airport. No such commercial activity shall be started or conducted without written permis- sion from the Commission. VII. Backqround Investiqation All persons desirinq to establish a business at a Monroe County Airport will be subject to the investigation of their aviation experience, financial ability, credit ratinq and other conditions usually used in qood business practice to determine a person's ability to perform and (ulfill the requirements of a contract of lease. VIII. Riqht to Modify The Commission reserves the right to modify these standards from time to time as may be required for the benefit of the qeneral public and for proper and efficient operation of the airport. IX. Precedence In the event of any conflict between the terms of these minimum standards and the provisions of any lease, the provisions of the lease shall be controllinq. ~ ......... 30 EXHIBIT 'C' INSURANCE REQUIREMENTS MONROE COr~TY, FLORIDA RISK !\fANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Introduction to Airport/Aircraft Activities Section TIlls section of the manual will apply to those activities which are associated with, or conducted at the County's Airports, or involve Aircraft Activities. The types and amounts of insurance will' be determined based on the type of activity and its projected cost. The fact that the funds used to pay for the activity were obtained from Federal, State, or other grants is not material. The insurance provisions for construction projects at the AiI:ports ~~1l be ~overned bv the section of this manual entitled Construction Contractors and Subco;;-~~tor~. , ' A special matrix of actiyities has been developed and incorporated \\ithin this section to assist in the establishment of the proper insurance coverages and limits. As a general rule, all contracts will include: · Indemnification and Hold Hanll1ess Provisions · General Insurance Requirements · 'Workers' Compensation Provisions · General Liability Provisions · Vehicle Liability Provisions and · Airport or Aircraft Liability Provisions Questions should be directed to Risk Management at (305) 292-4542. :3 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMnaSTRATION MANUAL General Insurance Requirements for Airport! Aircraft Activities Prior to the commencement of work governed by this contract (including the pre-staging o~ personnel and material), the '( endor shall obtain, at ?is/her own expense, ins~ce as specIfied in the attached schedules, which are made part of this contract. The Vendor WIll ensure that the insurance obtained will extend protection to all Contractors engaged by the Vendor. The Vendor will not be permitted to commence work governed by this contract (including pre_ staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. , . The Vendor shall maintain the required insurance throughout the entire term of this contract and" any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all activities conducted by the Vendor and its Contractors until the required insurance has been reinstated or replaced. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate ofInsurance or · A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on ail policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 24 MO!'iROE COUNTYM01\ROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONtRAq Al:>~ISTRATION MAl\1JAL, -, -' :. '~..;' ;.""'! ~ Indemnification and Hold Harmless, ::' for Ai,.portJAircraffActivities::.::r: ';. ~: , ", " ."~ ~ :...",... i The Vendor covenants and agrees to indemnify and bold bannIess Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damag~s, 2I1d ~xpenses. (including attorney's fees) wl}icb arise out of, in c~nnection with, or by reason of semces proVIded by the Vendor or any of Its Contractors, occasIoned by the negligence, errors, or other wrongful act or omission oftbe Vendor or its Contractor(s), their employees, or agents. , . The e>.'tent of liability is in no way limited to, reduced, or lessened by the insurance requirements' contained elsewhere within this agreement. : : AIR 100 AIRPORT ,LIABILITY k~D HANGARKEEPERS LEGAL LIABILITY , ~SURANCEREQPIREMENT":,... .. .' ~. ~;'.'."~. ~ FOR.~" .': ; r' :;, #:'"V .. ~.-. .' -..... .... - ... -" . ..'"..11 ..., '- J ~.J. CONTRACT . : ',0 -i -.------- .l ';';'.>1. i I",O::! BETWEEN MONROE COtiNTY,FLORIDA ..L.iH1-~O ~O'! 'ANnO) ;~40ij'/r)l,r. ~ ; ." ," Recognizing that th,e wo~k governed by this contract involves the repair, servicing, maintenance, fueling, or storage of aircraft, the Contractor \\;11 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 ofliability shall be $1 million. HKL3 64 1996 Edition . GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include~ as a minimum: - , · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: ./,. .:.~- $1,000:000 Combined Single Limit (CSL). - If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $ 1,000,000 per Occurrence $ 100,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effectiye date of this contract In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. ._~... GL3 Administration Instruction #4709.2 S6 1996 Edition VEmCLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $1,000,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 500,000 per Person $1,000,000 per Occurrence $ 100,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL3 Administration Instruction #4709.2 83 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1,000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall 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- insurer, the County shall 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 oflnsurance will be required. In addition, the Contractor may be required to submit updated fmancial statements from the fund upon request from the County. WC3 Administration Instruction #4709.2 90 TO: Peter Horton Director of Airports FROM: Tony D' Aiuto Antique Aircraft Restorations, Inc. DATE: May 4, 2000 SUBJECT: AWlication for Aircraft Mechanical Repairs under Section 6D. Pa~e 27 of the Ait:port Minimum Standards ITEM I: ITEM 2: ITEM 3: ITEM 4: Company Name Address: Owner's Name: Address: Current Employer Name: Years Experience: Job Title: Job Description: Previous Employers Name: Years Experience: Job Title: Job Description: Name: Years Experience: Job Title: Job Description: Antique Aircraft Restorations, Inc. 7500 Gulfstream Blvd. Marathon, FL 33050 Tony D' Aiuto 7500 Gulfstream Blvd. Marathon, FL 33050 , ( Antique Aircraft Restorations, Inc. 2 Years Director of Maintenance Aircraft mechanic performing major and minor airframe repairs, major and minor engine repairs. Additional responsibilities include handling retail sales, inventory, and accounting tasks. Grant Air Services, Inc. 3 months Mechanic Performed major and minor repairs to airframes and performed major and minor engine repairs. Also handled retail sales, inventory and accounting tasks. Monroe County I ~ Years Director of Maintenance Mechanic performing major and minor repairs, airframe repairs, major and minor engine repairs; in charge of inventory, accounting and handled retail sales. Antique Aircraft Restorations, Inc. Application Information May 4, 2000 Page Two ITEM 5: ITEM 6: ITEM 7: ITEM 8: ITEM 9: Name: Years Experience: Job Title: Job Description: Flight Department Jet Center 4 years Director of Maintenance Mechanic performing major and minor engine repairs, major and minor airframe repairs; handled inventory, retail sales, and accounting. Current Licenses Held A & P Airframe and Power Plant IA Inspection Authorization Private Pilot - Single Engine Land 2nd Class Medical Names and Addresses of Other Marlaiers or Partners Name: Brad Neat Address: 7500 Gulfstream Blvd. Marathon, FL 33050 Title: Co-Owner Detailed Descri,ption of What Services Are to Be Provided Aircraft maintenance and repairs including, but not limited to, minor and major airframe repairs, minor and major engine repairs, 50 hour/I 00 hour inspections, annual inspections, fabric work, retail parts sales, owner assisted aircraft maintenance under Part 43 of the F.A.R.S. Detailed Description of Land You Want to Lease An area starting approximately 150 feet east of the present ramp, occupied by Paradise Aviation. This area is 100 feet wide by 250 feet deep extending from the airport security fence to the existing east/west taxiway. I agree to pay Monroe County $.30 per square foot for this area of25,000 square feet, equaling a yearly amount of$7,500.00 plus any additional State or Federal taxes which may apply. (See Attached Airport Layout Plan.) List ofBuildin~s. Tools. Equipment. and InventOJ::Y E~ected 3,300 square foot metal building $35,000 Tools $15,000 Equipment $25,000 Inventory Antique Aircraft Restorations, Inc. Application Information May 4, 2000 Page Three ITEM 10: If a Buildini Is to Be Erected Estimated Cost: $65,000 Specifications: 50' x 66' metal building to meet or exceed local, state, and federal requirements. How finance cost: Self-financed Also attached you will find the following: I. A copy of a recent financial statement prepared by an independent accountant. 2. A copy of all insurance policies required. In closing, I have been around aviation my whole life. I believe I would be a continuing asset to the Marathon Airport if I were granted a lease. I am a private pilot, aircraft owner, and actively working at Marathon Airport since 1981. I am one of the original founders of the Florida Keys Aviation Association and currently hold a position on the Board of Directors. I am also a member of the Experimental Aircraft Association of the Middle Keys, Chapter 1241, of which I am currently Vice President. I established the first seafood fly-in ever held in Marathon. I also hold the position of engineer as a Marathon Volunteer Firefighter for the past five years. In addition to my work experience, my background includes being a 1979 Marathon High School graduate and being a second generation aviation mechanic. I am the only qualified person on field to remove damaged or wrecked aircraft from the runway, and am a 1999 recipient of the FKAA award for persons responsible for promoting general aviation. Keeping in mind there is a serious problem with general aviation maintenance at the Marathon Airport, I believe with my experience in the mechanical and firefighting safety field, I can help avoid any potential general aviation safety problems that may already exist and any potential problems. Thank you in advance for your attention and prompt response to this application. Sincerely, Antique Aircraft Restorations, Inc. Tony D' Aiuto Attachments "....V ":..J J.,); U'i t'M ,)U;)(l:)lIl77:) It' . OlTO- F 1 TZDA\; ~002 Tony Oaiuto Statement of Financial Condition May 1, 2000 ASSETS Cash Residential Properties (two) Automotive Tools, aircraft parts, personal property Collectible items Notes Receivable 15,000 380,000 7.000 45.000 3,500 2.000 Total Assets 452.500 ::=====...= LIABILITIES Credit Card Debt Discover Real Estate Mortgages (Two) 6,000 204.000 Total Liabilities 210.000 NET WORTH Total Liabilities & Net Worth 242,500 =::;;:;;;:;;:;;1: Wayne Otto-Fitzdam MSA CPA, See Compilation Report and Note$ V'll .LVI UV "J::.U J.~. V. "'-nA oJ V '41 V oJ.., P f f oJ n.v.&.Iv-rJ..&LtVAa ",--n Antique Aircraft PAGE 1 Income Statement FOR THE PERIOD ENDING 12/31/99 YTD RATIO.........: NET REVENUE 1 PERIOD RATIO Sa.les -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- 97,847.25 100.0 INCOME Net Sales COST OF GOODS SOLD Cost of Sales Freight Total Cost of Goods Sold Gro5s Profit EXPENSES Insurance Office E.xpense Rent Repairs & Maintenance Supplies/small tools Taxes - ather Telephone Uniforms Total Expenses Net Ope~ating Income OTHER INCOME Total Other Income OTHER EXPENSES Total Other Expenses Income Before Taxes Net Income 91,841.25 100.0 11,035.15 1,210.59 12.6 1.2 72,245.74 73.8 -------------- ------ 25,601. 51 26.2 12,043.00 12.3 1,265.00 1.3 11,725.00 12.0 518.62 0.5 138.94 0.1 5,629.89 5.8 822.70 0.8 750.46 0.8 -------------- ------ 32,893.61 33.6 -------------- ------ 1,292.10- 1.5- 0.00 0.0 0.00 0.0 1,292.10- 1.5- 7,292.10- 7.5- -------------- ------ -------------- ------ ,.."....." .. .....__._ v.,. Antique Aircraft PAGE 2 Income Statement FOR THE PERIOD ENDING 12/31/99 YTD RATIO.........: NET REVENUE 1 PERIOD RATIO -------------------------------------------------------------------------------- -------------------------------------------------------------------------------- *** SUBSIDIARY SCHEDULE *** Payroll Taxes Insurance General Liability Ins. 12.043.00 12.3 -------------- ------ 12.043.00 12.3 U~/~U/VV n~U ~~.V~ rAA ~V~O~~~,,~ ".u~~u-r~~~UAA ~r^ RUN DATE: 05/10/00 RUN TIME: 1:47 PM Antique Aircraft Balance Sheet AS OF 12/31/99 CURRENT ASSETS Cash Inventory Total Current Assets FIXED ASSETS Total Fixed Assets OTHER ASSETS Total Other Assets Total Assets ASSETS 820.63 104.692.00 LIABILITIES & EQUITY CURRENT LIABILITIES Sale3 Tax Payable 535.47 105,512.63 0.00 0.00 Total Current Liabilities 535.47 LONG TERM LIABILITIES Notes Payable - Bank 5,000.00 Total Loni Term. Liab. Total Liabilities STOCKHOLDERS EQUITY Paid in Capital Common Stock Retained Earnings Current Earnings Total EQ.uity Total Liab. & Equity 127,779.41 5,000.00 100.00 20,610.15- 7,292.10- '4I!:J ","","v PAGE 1 105,512.63 --------------- --------------- 5,535.47 99,977.16 105,512.63 --------------- --------------- -.. · II -"''-'"MIV\''I:: t"UL,t,;y UNITED PACIFIC INSURANCE COMPANY 2505 South 320th Street, Federal Way, WA 98003 POLIcY NUMBER: NAF6305970 RENEWAL OF: NAF2046020 ISSUED BY W. BROWN & ASSOCIATES INSURANCE SERVICES in conside..don of the PByment of the ",emium end SubjeClto .11 of tho loms of this policy, .g.... ";Ih lho NAMED INSURED as follows: DECLARA TIONS ITEM 1. NAMED INSURED: Antique Aircraft Restoration, Inc. ADDRESS: 8800 Overseas Highway Marathon, FL 33050 ITEM 2. POLICY PERIOD: FROM QClqb... 6, 186, TO 0mDhI( Q. 200Q 12:01 s.m. Standerd Time allho sddntss of the NAMED INSURED as atated in ITEM 1 above. Audit Period: ITEM 3. The insurance .ffolded Is only with '"speet to such of tho follOWing Covarage Parts, . .ra indlcaled by specific premium charge or charges. COVERAGE PARTS Comprehensive General Liability Insurance-Premises Owners', Landlords', and Tenants' Liability Insurance Hangarkeepers' Liability Insurance Completed Operations and Products Liability Insurance Contractual liability Insurance AfN ANCE PREMIUMS Included .' Not Covered Included Included " Not Covered Endorsements forming a part of this policy ~n effective date in Item 2 above: A V 00 P03S/39 00 1193, A V 00 P043/44 oc. 1193, AV 00 P04Bl49 00 1193, AV 00 P04D 00 1193. A V 00 P041 00 1193, AV 00 P042 00 1193, AV 00 PC53 00 1'l93. AV 00 P064 00 1193, AV 00 P066 001193, AV 00 POSS 00 1193, Er:dorsement 8, Endorsement 9, Endorsement 10 Total Advance Premium $8,800.00 The Comp.ny has causad "'is policy to ba execUlad by its Pralld""I'nd Secretary, but it shall not be \/alid "",aas approvad by lho AVIATION MANAGERS and COuntarsi9ned by a duly 'U!hcrizad Illpra"ntativa of tho Company.nd completod by Ihe .ttachment of 11) one rx mo," Covara;e Pons for which th8lO is an odvanea premium on this paga, 'nd (211he Slandard Provisions Part of Ihe ComP.ny'SAirpOrt Uabilily Insuranca Con..act PRODUCER: Aviation Insurance Agency 901 Martin Downs Blvd. Palm City, Fl 34990 COUNTCRSIGNED:~ i;;i2 . U-.. OA TE ISSUED: October 4,1999 BY: o~,. ::: 5 13S~ Authorized .presentatlve APPROVED BY: ... .';" ~/-~~:~;~:~>,~_::j,!,~" ~~._ /~~ ::(, "1-( _'~': I"~ Aviation Managers AV 00 P032 00119 P,\LM ell)" FLORIDA A~ORTINSURANCEBmDER W. BROWN & ASSOCIATES INSURtL~CE SERVICES EFFECTIVE DATE: NAMED INSURED: October 5,1999 Antique Aircraft Restoration, Inc. 8800 Overseu Highway Marathon, Florida 33050 LOCATION COVERED: Those premises necessary and incidental to the Insureds Operations at: M1H - Mamthon Airport (Marathon, FL). and any other locations necessary and inci~ntal to the Aviation Operations of the Named Insured. PREMISES LIABILITY - ALL LOCATIONS: PRODUCTS LIABILITY: $1.000,000 Each Occurrence $1.000,000 &ch Occurrence HANGARKEEPERS LIABILITY: Estimated Receipts: Repairs &Scrvice $100,000 Parts No Installed If Any Sale of New Aircraft If Any Sale olUsed Aircraft If Any $1,000,000 Each Occurrence $ 200,000 Each Aircraft Deductibles: $5,000 Each and Every Loss $1,000,000 Each Person I Aggregate 55,000 Each Occurrence 51,000 Each Person 550,000 Each Occurrence PERSONAL INJURY UABILITY: PREMISES MEDICAL PAYMENTS: FIRE LEGAL UABILITY: ADDmONAL INSUREDS: Grantair Service, Inc. 8800 Overseas Highway Marathon, Florida 33050 ANNUAL PREMIUM: Monroe COllnty Board of County Commissioners Its Employees aud Officials 5100 College Road Key West, Florida 33040 $8,800.00 Aviation Insuranu AseDCf INCOIPOIATlD SCHEDULE Coverages Limits of Liability Advance Premium $ As Endorsed Each Person A. Bodily Injury Liability $ As Endorsed ~ch Occurrence $ As Endorsed Aggregate $ Included B. Praperty Damage Liability $ As Endorsed Each Occurrence I $ As Endorsed AQortoate $ I . . Total of Advanc. -Premium ,~ I . . , GENERAL LIABILi rv HAZARDS Rat.. AIlvonce Premium Desc,iption of Hazards Cod. No. Premium 80sa Iodily I"Jury ~~e 8~ I"jury ~~,. LIabIlity II.." (a) Premises - Operations !Those premise. necelsery and Inoid ntalto Flet Included Included the Insured's Operations at: Marathe n Airport. marathon, FL and any other location I necessary and incidental tot the Avi tlon Operations of the Named Insured. (b) Elevators Number Insured Per Elevator Not Covered Hereunder N/A N/A . , (c) Independent Contractors Cost P.r $100 0# Cost Not Covefed Hereunder N/A N/A Cd) Completed Operations Receipts P.r S 1 ,000 of Receipts Aircraft Repair & Service If Any Included Included (.) ProductS Sales Per $1,000 of Sales Sale of Aircraft Part. (Not Installed) If Any Included Included Sale of New & Used Aircraft If Any Includecl Included GENERAL LIABILITY MINIMUM PREMIUMS Bodily Injury Liability a $ $ (b) S d) $ location of all premises owned by, rented to or controlled by the ....... I..re... (Enter "some" If same location as address shown in Item 1. of declarations.> ..me Interest of n.....d a.lured in such premises. (Describe interest, such os "owner", "general lessee" or "tenant".) Tenant Part occupied by ......... inlun" A8 above Property Domaoe Llobility BOdily Injury liability Property Damage LIability Bodllv Injury LIability Property Damage Liability $ Th. foregoing discloses 011 hozards insured hereunder known to exist at the effective date of this )Qlicy, unless otherwise stated herein. , Policy No. NAF6305970 Named Insured AntiGue Aircraft A8.tor8tion~ 'ne. -- This Coverage Part shall nat be binding on the Com~nv unless attached to the Declarations Page and Standard Provisions Part of the Company's Airport/Fixed Base Operator's I.iability Policy. AV.,....."..