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:
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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_
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fA. W~ d-"
W~~rtson '
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(j(, John Carter
Gb Wolff!-
Rob Wolfe
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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 ~
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EXHIBIT :A
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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
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Coun~y, Florida, at a regular meeting of said Board held
A1 day of 4-V"., r . A.D. 1990.
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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)
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(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
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............
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
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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
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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
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.
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
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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
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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
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."
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
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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
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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
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. -
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
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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
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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
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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
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,
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
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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
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, ,
'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
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29
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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.
~
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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.,....."..