Item C25 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 17, 2009 Division: Airports
Bulk Item: Yes X No _ Department: Florida Keys Marathon Airport
Staff Contact Person: Reggie Paros/289-6060
AGENDA ITEM WORDING: Approval of lease agreement with Antique Aircraft Restoration, Inc.
to rent old Mosquito Control hangar and facilities; rent is $3,500 per month
ITEM BACKGROUND: Antique Aircraft Restoration, Inc. was the successful bidder to the Request
for Proposals (RFP) advertised for development of new aviation related services at the Florida Keys
Marathon Airport. The attached agreement is to lease the old Mosquito Control hangar facility and
parcel of land for a period of seven (7)years.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on September 17, 2008, the Board
granted approval to waive irregularity, to award RFP to, and to negotiate a Lease Agreement with
Antique Aircraft Restoration regarding the RFP for development of new aviation related services at the
Florida Keys Marathon Airport. On October 15, 2008, Board approved to rent the hangar to Antique
Aircraft Restoration, Inc. on a month to month interim basis at$3,500 per month, retroactive to date of
occupancy,pending preparation of a formal lease agreement.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No_ AMT MONTH $3,500.00 Year $42,000
plus tax
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 17, 2009 Division: Airports
Bulk Item: Yes X No _ Department: Florida Keys Marathon Airport
Staff Contact Person: Reggie Paros/289-6060
AGENDA ITEM WORDING: Approval of lease agreement with Antique Aircraft Restoration, Inc.
to rent old Mosquito Control hangar and facilities; rent is $3,500 per month
ITEM BACKGROUND: Antique Aircraft Restoration, Inc. was the successful bidder to the Request
for Proposals (RFP) advertised for development of new aviation related services at the Florida Keys
Marathon Airport. The attached agreement is to lease the old Mosquito Control hangar facility and
parcel of land for a period of seven (7)years.
PREVIOUS RELEVANT BOCC ACTION: At their meeting on September 17, 2008, the Board
granted approval to waive irregularity, to award RFP to, and to negotiate a Lease Agreement with
Antique Aircraft Restoration regarding the RFP for development of new aviation related services at the
Florida Keys Marathon Airport. On October 15, 2008, Board approved to rent the hangar to Antique
Aircraft Restoration, Inc. on a month to month interim basis at$3,500 per month, retroactive to date of
occupancy,pending preparation of a formal lease agreement.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes X No_ AMT MONTH $3,500.00 Year $42,000
plus tax
APPROVED BY: County Atty YES OMB/Purchasing YES Risk Management YES
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Antique Aircraft Contract ft
...........Restoration, Inc. Effective Date: tJpon Execution
Expiration Date:
Contract Purpose/Description:
Lease a reemen�tfoLhangar facility_and parcel of land at Florida Keys Marathon AiTort
... ...............
..... ..........
Contract Manager: Reggie Paros 6060 Marathon Airport/Stop 15
(Name) (Ext.) (Department/Stop
1 for BOCC meeting on June 17, 2009 Agenda Deadline: June 2, 2009
CONTRACT COSTS
Revenue'' Revenue
Total Dollar Value of Contract: $42,000 yr Current Year Portion: $ $14,0.00
Budgeted? Yes[—] No ❑ Account Codes:
N/A
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg, maintenance, utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
fatP I Needed �eviewer
Division Director Wn AI YesEl No�j ......
Risk Managinent '55"aP 16�1 Yes El NoZ
O.M.BPu
ua'ing Yes[:] No[:] 7
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County Attorney ❑ YesL1 No OK,
Comments:
OMB Form Revised 2/27/0 t MCP 42
LEASE AGREEMENT
FLORIDA KEYS MARATHON AIRPORT
ANTIQUE AIRCRAFT RESTORATION
THIS CONTRACT OF LEASE is made and entered into this day of
2009, by and between MONROE COUNTY, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY" and ANTIQUE AIRCRAFT RESTORATION,
INC., d/b/a Antique Air, hereinafter referred to as "ANTIQUE AIRCRAFT" or"Lessee".
WHEREAS, COUNTY owns a hangar facility, commonly referred to as the "Mosquito
Control Hangar" at the Florida Keys Marathon Airport; and
WHEREAS, COUNTY owns the Florida Keys Marathon Airport, located in Marathon,
Monroe County, Florida, hereinafter referred to as "Airport"; now, therefore
IN CONSIDERATION of the premises and of the mutual covenants and agreements
herein contained, and other valuable considerations, COUNTY does hereby grant and lease unto
ANTIQUE AIRCRAFT, and ANTIQUE AIRCRAFT does hereby lease from COUNTY, certain
premises, rights and privileges as follows, to wit:
1. Premises. The COUNTY does hereby lease to ANTIQUE AIRCRAFT, and
ANTIQUE AIRCRAFT leases from the COUNTY, a hanger facility approximately 13,100
square feet situated upon a parcel of land approximately 34,980 square feet located at the Florida
Keys Marathon Airport, hereafter the premises, as described in Exhibit "A" attached hereto and
incorporated herein. Any improvements made by the ANTIQUE AIRCRAFT to the premises
automatically become the property of the County upon the termination of this lease.
2. Commercial Aviation Use and Privileges. ANTIQUE AIRCRAFT shall have
the non-exclusive right in connection with its use of the leased premises and subject to the
conditions provided in this lease Agreement and/or contained in the Revised Minimum Standards
for Commercial Aeronautical Activities by Fixed Base Operators and Other Aeronautical Service
Providers at Monroe County Airports (Minimum Standards), as amended from time to time, to
engage in the following commercial aviation activities:
The Lessee may only use the premises for aircraft, engine, propeller and accessory
maintenance, air charter, flight training, air tour services, avionics and instrument repair services
as described in subsections (VI. D. 1.), (VI. A.), (VI. B.) and (VI. E.) of the County's Minimum
Standards, a copy of which is attached to this lease and made a part hereof. No additional
services may be performed by the Lessee without the consent of the Monroe County Board of
County Commissioners. The Lessee acknowledges that all applicable provisions of the County's
Minimum Standards are binding on the Lessee.
2. Term. The term of the lease is for seven (7) years beginning on the effective date of
this lease agreement. Upon the termination of this lease, either under this paragraph or as
provided elsewhere in this lease, ANTIQUE AIRCRAFT must peacefully surrender the
premises, all structures and improvements to the COUNTY.
3. Rent. The rent for the premises is $3,500.00 per month or $42,000.00 per year, plus
applicable sales tax, with the monthly rent due and payable beginning on the first day of each
month. All rental payments are due at the Airports Business Office, 3491 S. Roosevelt Blvd.,
Key West, FL 33040.
Following the initial year of this lease, the annual rental sum will be adjusted each year
by a percent equal to the increase in the CPI for all urban consumers (CPI-U) above that of the
prior year.
If at any time during the term of this lease, the leased premises are converted to a non-
aeronautical use, the COUNTY shall have the right to immediately enter on to the property for
purposes of obtaining an appraisal to determine fair market value and the rent for the premises
shall immediately be set at the new rate.
In addition to the rent for the premises the LESSEE shall remit, along with the monthly
rental payment, insurance coverage reimbursements payments pursuant to paragraph 13A.
4. Termination. This Agreement may be terminated at the discretion of the COUNTY
in the following circumstances:
a) ANTIQUE AIR fails to pay the rent when due;
b) ANTIQUE AIR fails to obtain the insurance required under this lease or
allows the required insurance coverage to lapse or fall below the minimum
required;
c) ANTIQUE AIR otherwise breaches the terms of this lease.
Unless the COUNTY has accepted in writing a delay in performance of duties, the failure
to perform said duties shall constitute a default under the terms of this agreement. In the case of
default/breach, the County's Director of Airports shall first give ANTIQUE AIR a written
notification stating the default/breach and ANTIQUE AIR has 10 days to correct the
default/breach. If ANTIQUE AIR has not commenced correction of the default/breach at the end
of the 10 days, then the COUNTY may terminate the lease in its discretion. If it shall be
necessary to employ the services of an attorney in order to enforce its rights under this
Agreement, the COUNTY shall be entitled to reasonable attorney's fees. Waiver of a default in
any particular month shall not bind the COUNTY to forego the provisions of this paragraph and
any subsequent default shall be grounds for termination.
If the LESSEE is not in default of any of its obligations under the terms of this lease, the
LESSEE may terminate this agreement, at its discretion, upon 15 days written notice to the
County if,
d)the leased premises are destroyed or;
e) the leased premises are damaged to the extent the premises can not be used for
the purposes intended by this agreement by an occurrence covered under the
County maintained All Risk Property Insurance AND the County has not begun a
good faith effort to repair or reconstruct the leased premises within 60 days of the
date of the occurrence. The grounds for the LESSEE's termination of this
agreement in the event of an occurrence described in subparagraph 4d and 4e
create no basis for any County liability whatsoever to the LESSEE and shall not
serve to create any obligation whatsoever on the part of the County to pay any
monies to the LESSEE.
5. Leasehold Improvements and Use. ANTIQUE AIR shall have the right to occupy
the premises as described in Exhibit"A".
6. Right of Ingress and Egress. ANTIQUE AIR, its agents, employees, customers,
suppliers, and patrons shall have the right of ingress and egress to and from the leased premises,
which shall not be unreasonably restricted by COUNTY.
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7. Utilities, ANTIQUE AIR is responsible for all telecommunications, electrical, sewer,
water and solid waste collection service for the premises.
8. Assignment. The premises leased hereunder along with the improvements thereon
may not be sublet without written consent of the COUNTY. The premises leased hereunder
along with the improvements thereon and this lease may not be assigned without the written
consent of the COUNTY.
9. Maintenance of Premises. During the term of this lease, ANTIQUE AIRCRAFT is
responsible for all maintenance and repairs, including major repairs such as structural work and
roof replacement and replacement of the building if destroyed. All repairs and replacement must
be of the same or better quality as the original work and conform to all applicable building codes.
ANTIQUE AIRCRAFT shall be responsible for and shall properly maintain the leased premises,
and upon the termination of this lease, shall leave the premises in at least as good condition as at
the time of the commencement of this lease, normal use and occupancy excepted.
10. Rights of County. The COUNTY shall have the absolute right, without
limitation, to repair, reconstruct, alter or add to any structure and facilities at the Airport, or to
construct new facilities at the Airport. The COUNTY shall, in the exercise of such right, be free
from any and all liability to ANTIQUE AIRCRAFT for business damages occasioned during the
making of such repairs, alterations and additions, except those occasioned by the sole act of
negligence of the COUNTY, its employees or agents.
The COUNTY and its authorized officers, employees, agents, contractors, subcontractors
and other representatives shall have the right to enter upon the leased premises for the following
purposes:
a) to inspect the leased premises at reasonable intervals during regular
business hours (or at any time in case of emergency) to determine whether Lessee has complied
and is complying with the terms and conditions of this agreement with respect thereto;
b) to perform essential maintenance, repair, relocation, or removal of the
existing facility(if owned by the County), structure(if owned by the County), perimeter security
fence, underground and overhead wires, pipes, drains, cables and conduits now located on, under
or across the leased premises, and to construct, maintain, repair, relocate, and remove such
facilities in the future as necessary to carry out the Master Plan of development of the Airport;
provided, however, that said work shall in no event unduly interfere with the operations of
ANTIQUE AIRCRAFT and, provided further, that the entire cost of such work, as a result of the
exercise by the COUNTY of its rights hereunder shall be borne by the COUNTY.
11. RIGHTS RESERVED. Rights not specifically granted to ANTIQUE
AIRCRAFT by this Agreement are reserved to the COUNTY
12. Indemnification/Hold Harmless. Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, ANTIQUE AIRCRAFT shall defend,
indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any
type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any
costs or expenses (including, without limitation, costs of remediation and costs of additional
security measures that the Federal Aviation Administration, the Transportation Security
Administration or any other governmental agency requires by reason of, or in connection with a
violation of any federal law or regulation, attorneys' fees and costs, court costs, fines and
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penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified
party by reason of, or in connection with, (A) any activity of ANTIQUE AIRCRAFT or any of
its employees, agents, contractors or other invitees on the Airport during the term of this
AGREEMENT, (B)the negligence or willful misconduct of ANTIQUE AIRCRAFT or any of its
employees, agents, contractors or other invitees, or (C) ANTIQUE AIRCRAFT's default in
respect of any of the obligations that it undertakes under the terms of this lease, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from
the intentional or sole negligent acts or omissions of the COUNTY or any of its employees,
agents, contractors or invitees (other than ANTIQUE AIRCRAFT). Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this lease, this section will survive the expiration of
the term of this lease or any earlier termination of this lease.
13. Insurance Requirements. ANTIQUE AIRCRAFT shall provide, to the COUNTY,
as satisfactory evidence of the required insurance, either
• Certificate of Insurance or a Certified copy of the actual insurance policy.
The COUNTY, at its sole option, has the right to request a certified copy of any or
all insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-
renewal, material change, or reduction in coverage unless a minimum of thirty (30) days
prior notification is given to the County by the insurer.
The acceptance and/or approval of ANTIQUE AIRCRAFT's insurance shall not
be construed as relieving ANTIQUE AIRCRAFT from any liability or obligation
assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials
will be included as "Additional Insured" on all policies, except for Workers'
Compensation.
In addition, the County will be named as an Additional Insured on all policies
covering County-owned property.
ANTIQUE AIRCRAFT will obtain or possess the following insurance coverage
and will provide Certificates of Insurance to County to verify such coverage.
Any deviations from the following Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be
approved by Monroe County Risk Management. In the event a waiver is granted and the leased
premises are damaged due to a wind or flood event, Lessee shall be responsible for twelve and
one half percent(12.5%) of the cost of repair or reconstruction if FEMA funding is awarded for
repair or reconstruction of the leased premises.
A. All Risk Property Insurance Requirements: The County shall maintain All Risk
Property Insurance Coverage, at LESSEE's expense, on the leased premises due to the
unavailability to the LESSEE of All Risk Property Insurance with wind and flood coverage at a
reasonable cost. Coverage shall be maintained by the County throughout the life of the
Lease/Rental Agreement and include, as a minimum, liability coverage for:
Fire Lightning Vandalism
Sprinkler Leakage Sinkhole Collapse Falling Objects
Windstorm Smoke Explosion
Civil Commotion Aircraft and Vehicle Damage Flood
LESSEE shall reimburse the County for the pro-rata share of the All Risk Property insurance
coverage. Such coverage shall be due and payable beginning on the first day of each month
along with the rent. All insurance reimbursement payments are due at the Airports Business
Office, 3491 S. Roosevelt Blvd., Key West, FL 33040. The pro-rata insurance share for the
initial year is $208.67 per month or $2,504 per year. Following the initial year, the pro-rata
insurance share shall be subject to annual adjustments.
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B. Airport Liability and Han2arkeepers Legal Liability Insurance Requirement:
Recognizing that the work governed by this contract may involve the repair, servicing,
maintenance, fueling, or storage of aircraft, ANTIQUE AIRCRAFT will be required to purchase
and maintain, throughout the life of the contract, Airport Liability and Hangarkeepers Legal
Liability Insurance naming the Monroe County Board of County Commissioners as Additional
Insured.
The minimum limits of liability shall be $1 million.
C. Workers Compensation— ANTIQUE AIRCRAFT shall obtain Worker's
Compensation Insurance with limits sufficient to respond to Florida Statute 440.
D. Employer's Liability- $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, Each Employee
ANTIQUE AIRCRAFT shall maintain the required insurance throughout the entire term
of this lease and any extensions which may be entered into. The COUNTY, at its sole option,
has the right to request a certified copy of any and all insurance policies required by this lease.
Failure to comply with this provision shall be considered a default and the COUNTY may
terminate the lease in accordance with Paragraph 4.
14. Books, Records and Documents. ANTIQUE AIRCRAFT shall maintain all
books, records, and documents directly pertinent to performance under this Agreement in
accordance with generally accepted accounting principles consistently applied. Each party to
this Agreement or their authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement.
15. Rules and Regulations
A. COMPLIANCE. ANTIQUE AIRCRAFT shall comply with all ordinances of the
COUNTY, including any reasonable rules and regulations with respect to use of Airport
property, as the same may be amended from time to time, all additional laws, statutes,
ordinances, regulations and rules of the federal state and county governments, and any and all
plans and programs developed in compliance therewith, which may be applicable to its
operations, including specifically, without limiting the generality thereof, federal air and safety
laws and regulations and federal, state, and county environmental, hazardous waste and materials
and natural resources laws, regulations and permits.
B. VIOLATIONS. ANTIQUE AIRCRAFT agrees to pay on behalf of the COUNTY
any penalty, assessment, or fine, issued against the COUNTY, or to defend in the name of the
COUNTY any claim, assessment, or civil action, which may be presented or initiated by any
agency or office of the federal, state, or county governments, based in whole or substantial part
upon a claim or allegation that ANTIQUE AIRCRAFT, its agents, employees or invitees have
violated any law, ordinance, regulation, rule or directives described in 15(A) above.
16. Governing Law, Venue, Interpretation: This Agreement shall be governed by
and construed in accordance with the laws of the State of Florida applicable to contracts made
and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and ANTIQUE AIRCRAFT
agree that venue will lie in the appropriate court or before the appropriate administrative body in
Monroe County, Florida.
5
The COUNTY and ANTIQUE AIRCRAFT agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue shall
be submitted to mediation prior to the institution of any other administrative or legal proceeding.
17. Entire Agreement. This writing embodies the entire agreement and
understanding between the parties hereto, and there are not other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein and
superseded hereby. Any amendment to this Agreement shall be in writing, approved by the
Board of County Commissioners, and signed by both parties before it becomes effective.
18. Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable
to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this Agreement. The COUNTY and ANTIQUE AIRCRAFT agree to reform the
Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
19. Attorney's Fees and Costs. The COUNTY and ANTIQUE AIRCRAFT agree
that in the event any cause of action or administrative proceeding is initiated or defended by any
parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non-prevailing parry, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
20. Binding Effect. The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of the COUNTY and ANTIQUE AIRCRAFT and
their respective legal representatives, successors, and assigns.
21. Authority. Each parry represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary County
and corporate action, as required by law.
22. Claims for Federal or State Aid. ANTIQUE AIRCRAFT and COUNTY agree
that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each parry prior to submission.
23. Adiudication of Disputes or Disagreements. COUNTY and ANTIQUE
AIRCRAFT agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If no resolution can be agreed
upon within 30 days after the first meet and confer session, the issue or issues shall be discussed
at a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any parry shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law.
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24. Cooperation. In the event any administrative or legal proceeding is instituted
against either parry relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and ANTIQUE AIRCRAFT agree to participate, to the extent required by
the other party, in all proceedings, hearings, processes, meetings, and other activities related to
the substance of this Agreement or provision of the services under this Agreement. COUNTY
and ANTIQUE AIRCRAFT specifically agree that no parry to this Agreement shall be required
to enter into any arbitration proceedings related to this Agreement.
25. Nondiscrimination. COUNTY and ANTIQUE AIRCRAFT agree that there will
be no discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any parry, effective the date of
the court order. ANTIQUE AIRCRAFT agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include but are not
limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended(42 USC ss. 6101-6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the
sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s.
1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Sections 13-101, et seq., Monroe County Code, relating to discrimination based on
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
26. Covenant of No Interest. COUNTY and ANTIQUE AIRCRAFT covenant that
neither presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and that only interest of each is to
perform and receive benefits as recited in this Agreement.
27. Code of Ethics. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
28. No Solicitation/Payment. The COUNTY and ANTIQUE AIRCRAFT warrant
that, in respect to itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona
7
fide employee working solely for it, any fee, commission,percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, ANTIQUE AIRCRAFT agrees that the COUNTY shall have the right
to terminate this Agreement without liability and, at its discretion, to offset from monies owed,
or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration.
29. Public Access. The COUNTY and ANTIQUE AIRCRAFT shall allow and
permit reasonable access to, and inspection of, all documents, papers, letters or other materials in
its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the COUNTY and ANTIQUE AIRCRAFT in conjunction with this
Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon
violation of this provision by ANTIQUE AIRCRAFT.
30. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of the COUNTY and ANTIQUE AIRCRAFT in this
Agreement and the acquisition of any commercial liability insurance coverage, self-insurance
coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY
be required to contain any provision for waiver.
31. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the COUNTY shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the COUNTY.
32. Legal Obligations and Responsibilities: Non-Delegation of Constitutional or
Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
33. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon
the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party
claim or entitlement to or benefit of any service or program contemplated hereunder, and the
COUNTY and ANTIQUE ARICRAFT agree that neither the COUNTY nor ANTIQUE
AIRCRAFT or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or
superior to the community in general or for the purposes contemplated in this Agreement.
34. Attestations. ANTIQUE AIRCRAFT agrees to execute such documents as the
COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
8
35. No Personal Liability. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
36. Personal Property. Any personal property of ANTIQUE AIRCRAFT, its
agents, assigns, or invitees placed in the premises of the Airport shall be at the sole risk of the
ANTIQUE AIRCRAFT or owners thereof, and the COUNTY shall not be liable for any loss or
damage.
37. Federal Subordination. This Agreement shall be subordinate to the provisions
of any existing or future agreement between the COUNTY and the United States of America
relative to the operation and maintenance of the Airport, the execution of which has been or may
be required as a condition precedent to the expenditure of federal funds for the development of
the Airport. All provisions of this AGREEMENT shall be subordinate to the right of the United
States of America.
38. Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
39. Section Headings. Section headings have been inserted in this Agreement as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this Agreement and will not be used in the interpretation of any provision of this Agreement.
40. Cancellation of Agreement. COUNTY may cancel this lease agreement by giving
ANTIQUE AIRCRAFT sixty (60) days advanced written notice upon the happening of any of
the following events: the appointment of a receiver of ANTIQUE AIRCRAFT's assets; the
divesting of ANTIQUE AIRCRAFT's leasehold estate by other operation of law; the
abandonment by ANTIQUE AIRCRAFT of its operations at the premises for a period of sixty
(60) days. By the end of the sixty (60) day notice period, ANTIQUE AIRCRAFT shall have
vacated the premises and the COUNTY may immediately re-enter and take possession of same.
If it is necessary to employ the services of an attorney in order to enforce the COUNTY's rights
under this paragraph, the COUNTY shall be entitled to reasonable attorney's fees.
41. Mutual Review. This agreement has been carefully reviewed by ANTIQUE
AIRCRAFT and the COUNTY, therefore this agreement is not to be construed against either
parry on the basis of authorship.
42. FAA Requirements. The parties shall comply with FAA Required Lease Clauses,
which are listed in Exhibit"B", attached hereto and made a part hereof.
9
IN WITNESS WHEREOF, the parties have caused this lease to be executed this
day of , 2009.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By By
Deputy Clerk Mayor/Chairperson
ANTIQUE AIRCRAFT, INC.
WITNESSES:
By
Title
10
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither
(Respondent's name) nor any Affiliate has been placed on the convicted vendor list
within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribe and sworn to (or affirmed) before me on
(date) by (name of affiant). He/She is
personally known to me or has produced
(type of identification) as identification.
11
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY,FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed,retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may,in its discretion, terminate this contract without liability and may also,in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission,percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing)in the space provided above on this day of
, 20
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM 94
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DEC 2 3 vc 93 l,YEMIT BB
AIRPORTS JOMB nA REQUIREDLZME DUNES
1. This lease shall be subject to review and re-evaluation
at the and of each year period, by the airport
owner and the rent may be adjusted according to their
action, not ho exceed the consumer Price Index rate
during the last . taonth period, or;
Land less improvament s will be appraised every 3 years
and the adjucted rental will be based on normally 10-L2
portent of appraised value. if disputed, lessor
ebtaina appraisal at h1z expanse and lessor/lesass
equally share expenme for review appraisal that
eat.ablishes fair market value,
Z. The tenant for himnelt, his personal reprouentativaa,
ouc-c: USUrn in interc-t-st, and assigns, as a part of tho
consideration hereof, does hereby covenant and agrse
that (1) no person on the gruuiuis of race, color, or
national origin shall be excluded rrum participation
In, denied the benefits of, or be otherwise subjected
to discrimination in trio use of said taailitles, (2)
that in the construction of any improvements on, over
or under such land and the furnishing or 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 Federsl
Regulations, Department of Transportation, Subtitle A,
Office of the Sacratary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of
Trannpnrtatlon-Effectuation of Title VI of the Civil
Rights Act of 1964 , end an said Regulations may be
amended.
That in the event of branch of any of the above
nondiscrimination covenants, Airport Owner shall have
the right to terminate the lease and to re-enter and as
if said lease had never boon =ado or inauod. The
provision shall not be effective until tho procedures
of Title 49, code of raderal Regulations, rant 21 are
rulluwad aii1 completed including exercise or expiration
of appeal rtghta.
it shall be a condition or this leave, Lied. Lhe laaoor
reserves unto itself, its successors and assignor for
the use and nenetit of the public, a right of flight
for the passage or aircraft in the airspace above the
surface of the real property ftereinarter described,
together with the right to cause in said airspace suan
noise as may be inherent in the operation of aircraft,
now Known or hereafter used, for navigation of or
flight in tUe said airspace, and for use of said
airspace for landing on, taking off from or operating
on the airport.
That the Tenant expressly agrees for itself, its
successors and assigns, to restrict the height of
structures, objects of natural growth and other
obstructions on the hereinafter described real property
to such a height so as to comply with Federal Aviation
&*gulations, Part 77.
That the lasses expressly agrees for itself, its
ouooaosore and assigns, to prevent any use of the
hereinafter dseseribad real proporty which would
interfere with or adversely affecrt the operation or
maintenance of the airport, or otherwise aonotituto an
airport hazard.
4. This lease and all provisions hereof are subject and
ouburdiiiate to Uin Larms and conditions of. the
instruments and documents under which Liam Airport Owner
acquired the subject property rrom the Vnitud 8"Lue or
America and eMall be given only such offset as will aot
conflict or be inconsistent with the terms and
conditions contained in the lease of said 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 h>reafter
be adopted by the Airport Owner pertaining to the
/rl A ItaTha d Airport.
5. Notwithstanding anything herein contained that may bar
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
razarvas the right to grant similar privileges to
another Lesspe or other I AnFiAaia cm nthca<r parts of the
airport_
RECEIVED
DEC 2 3 1993
AIRPORTSI OMB
Division of Community Services
RESOLUTION NO. 374 -1990
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, APPROVING
THE REVISED MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTIVITIES BY FIXED BASE
OPERATORS AND OTHER AERONAUTICAL SERVICE
PROVIDERS AT MONROE COUNTY AIRPORTS.
WHEREAS, the Board of County Commissioners of Monroe County,
Florida, previously approved Minimum Standards for Commercial
Aeronautical Activities by Fixed Base Operators at the Monroe
County Airports, and
WHEREAS, the Board of County Commissioners reserves the
right to modify these standards from time to time as may be
required for the benefit of the general public and for proper and
efficient operation of the airports, and
WHEREAS, the Board of County Commissioners wishes to revise
the minimum standards; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby approves and
adopts the attached Minimum Standards for Commercial Aeronautical
Activities by Fixed Base Operators and other Aeronautical Service
Providers at Monroe County Airports.
PASSED AND ADOPTED by the Board of County Commissioners of
cMon%e County, Florida, at a regular meeting of said Board held
1n U-1w. day of _ A.D. 1990.
c. _-
BOARD OF COUNTY COMMISSIONERS
w CC OF MONROE COUNTY, FLORIDA
s
BY: ��
(Seal)
Attest: DANNY L. K01A AGE, Clem
APPROVED AS TO Fa+r
AND LEGAL SUFFICIEJ
MINIMUM STANDARDS FOR COMMERCIAL
AERONAUTICAL ACTIVITIES BY FIXED
BASE OPERATORS ANa 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
II. SPECIAL RESTRICTIONS ON AIRPORT LAND AND FACILITY USE
III. APPLICATION
A. How Made
B. Minimum Application Information
(1) Applicant
(2) Scope of Operations
(3) Management Capability
(4) Financial Responsibility
(5) Facilities Proposed
(6) Lease Term(s)
(7) Capital Investment
(8) Insurance
IV. STANDARD REQUIREMENTS FOR ALL AERONAUTICAL ACTIVITIES
A. Management
B. Financial Responsibility
C. Certifications
D. Insurance
V. FIXED BASE OPERATIONS STANDARDS
A. Primary Services
B. Secondary Services
(1) General
(2) Flight Instruction
(3) Aircraft Charter, Air Taxi and Sightseeing
Services
C. Exclusions
(1) Ground Transportation For Hire
(2) Western Union and/or Other Commercial Telecommu-
nications Services
(3) Auto Rental Services
(4) News and Sundry Sales
(5) Barber, Valet and Personal Sales
(6) Wholesale or Retail Sale of Non-aviation Products
(7) Automotive Gasoline Station
(8) Automotive or Marine Maintenance and Repair Services
D. Detailed Requirements
(1) Investment
(2) Premises
(3) Construction
(a) Tiedowns
(b) Hangars
(c) Auto Parking
2
(d) Site Plan
(e) Utilities
(f) Building Codes, Permitting Requirements, Reg-
ulations and Standards
(g) Final Approval Authority
(4) Sale of Aviation Petroleum Products, Ramp Service,
and Storage
(a) Aircraft Parking Apron and Service Ramp
(b) Fuel Tank Farm and Refuelers
(c) Pumping Equipment
(d) Hours of Operation
(e) Terminal Building Facilities
(f) Ground Rods
(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
(4) Obligations and Responsibilities
3
(5) Insurance
B. Non-Scheduled Aircraft Charter, Air Taxi, and Sightseeing
Services
(1) Personnel and Certifications
(2) Aircraft and Equipment
(3) Facilities
(4) Insurance
C. Aircraft Sales
(1) Sales or Distributorship Franchise Agreement
(2) Personnel, Certifications, and Hours of operation
(3) Customers and Warranty Services
(4) Facilities
(5) Insurance
D. Aircraft, Engine, Propeller, and Accessory Maintenance
Services
(1) Equipment, Personnel, and Certifications
(2) Additional Services
(3) Facilities Required by Primary and Secondary Ser-
vices Fixed Base Operators
(4) Facilities Required by Individual Providers
(5) Insurance
E. Avionics and Instrument Repair Services
(1) Facilities
(2) Equipment, Personnel, and Certifications
(3) Insurance
F. other Commercial Aeronautical Activities
VII. BACKGROUND INVESTIGATION
VIII. RIGHT TO MODIFY
IX. 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, recognizing the
need for orderly development of its airports and the necessity of
protecting the public health, safety, and interest in the county
airports, hereby promulgates and adopts the following procedures and
minimum standards for the use of any land or facility on said
airports.
I. As used herein, the following terms shall have the mean-
ings indicated:
Definitions
A. Aeronautical Activity or Service. Shall mean any
activity or service whether or not conducted on or
off airport property which involves, makes possible,
supports, or is required for the operation of air-
craft or which contributes to, or is required for,
the safety of such operations and shall include, but
not by way of limitation, all activities or services
commonly conducted on airports, such as: Charter
operations, air taxi, pilot training, aircraft
rental, sightseeing, aerial photography, crop dust-
ing, flying clubs, aerial advertising and surveying,
air carrier operations, aircraft sales and service,
sale of aviation petroleum products, whether or not
conducted in conjunction with other included activi-
ties or services, repair and maintenance of aircraft,
sale of aircraft, parts, sale or maintenance of
aircraft accessories, radio communication and
5
navigation equipment, and any other activity which,
because of its direct relationship to the operation
of aircraft, can appropriately be regarded as an
aeronautical activity or service.
B. Airport. Shall mean any airport owned and operated
by Monroe County.
C. Airport Director. Shall mean the Monroe County
Director of Airports.
D. Airport Master Plan or Airport Layout Plan. Shall
mean the currently approved scaled dimensional layout
of the entire airport property indicating current and
proposed usage for each identifiable segment as
approved by the Commission and amended from time to
time.
E. Applicant. Shall mean any person(s) , firm, general
or limited partnership, corporation, trust or associ-
ation, making application for, leasing or using any
land or facility at the airport for the conduct of a
commercial aeronautical activity.
F. Commission. Shall mean the Monroe County Board of
County Commissioners.
G. County Administrator. Shall mean the administrator
of Monroe County.
H. Fixed Base Operation. Shall mean the person(s)
engaging in Primary Commercial Support Services, at a
minimum, as described in Section V.A.
I. Minimum Standards. Shall mean the qualifications
established herein, as amended from time to time by
the Commission upon recommendations of the County
Administrator and/or the Airport Director, setting
forth the minimum requirements to be met as a
6
condition for the right to conduct any aeronautical
activity on the airports.
J. Person(s) or Provider(s) . Shall mean any person(s) ,
firm general or limited partnership, corporation,
trust or association leasing or using any land or
facility at the airport for the conduct of a commer-
cial aeronautical activity.
K. Rules and Regulations. Shall mean the rules and
regulations as may be promulgated from time to time
by the Commission to protect the public health,
safety, interest, and welfare on Monroe County's
Airports, and to augment the ordinances and resolu-
tions pertaining to the airport.
II. Special Restrictions on Airport Land and Facility Use No
person shall be granted the right to conduct any commer-
cial aeronautical activity upon the airport, nor shall any
person be permitted to use any land or conduct any commer-
cial aeronautical activity or the solicitation of business
in connection therewith, unless such aeronautical activity
is conducted in accordance with the standards herein
established and as hereinafter may be amended from time to
time by the Commission and the issuance of the proper
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
t
carry on any commercial business or aeronautical
activity on the airport with the necessary permits
and license shall be made to the Airport Director.
The Airport Director shall thereafter present the
application to the Commission. The applicant shall
submit all information and material necessary, or
requested by, the Commission to establish to the
satisfaction of the Commission that the applicant
will qualify and will comply with these standards,
rules and regulations. The application shall be
signed and submitted by a party owning an interest in
the business, or the individual who will be managing
the business, or a partner of a partnership, or a
director or an officer of a corporation.
B. Minimum Application Information. The Commission will
not accept or take action on any 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 sought and/or con-
struction and service activities proposed.
3. Management Capability. The names and qualifica-
tions of the key management and operating
personnel to be involved in conducting such
activity.
8
4. Financial Responsibility. A certified financial
statement prepared by an independent accountant
or an irrevocable letter of credit from a
recognized financial institution supporting the
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 Terms(s) . 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.
S. Insurance. The specific types and amounts of
insurance proposed in accordance with minimum
requirements for the activity.
IV. Standard Requirements for all Aeronautical Activities
Every applicant for permission to conduct aeronautical
activities at the airport shall satisfy the Commission
that he meets the following requirements:
9
A. Management. That such applicant has a history of
management ability in conducting the same or similar
or comparable type of service or activity in a good
and workmanlike manner.
B. Financial Responsibility. That such applicant has
the financial responsibility and ability to provide
the facilities and services proposed.
C. Certifications. The applicant has or can reasonably
secure necessary certificates from the FAA or other
authority required for the activity proposed.
D. Insurance. That the applicant has or can furnish
suitable indemnity insurance or bond to protect and
hold harmless Monroe County from any liability in
connection with the conduct of the activity proposed.
V. Fixed Base Operations Standards
The following standards described herein are established
by the Commission as the minimum requirements with which
any Fixed Base Operator working to establish a full
service commercial aviation facility at a Monroe County
Airport must comply. It is understood that only minimum
standards are outlined herein and that any applicant
wishing to establish a Fixed Base Operation at a County
airport must negotiate a lease agreement with the Commis-
sion which will contain additional contractual provisions
that are not described herein.
A. Primary Services. Primary commercial aeronautical
support services shall consist of those services
rendered directly to general aviation aircraft, which
are identified as all aircraft using the airport
except the aircraft of certificated air carriers who
are tenants of the airport. Such services must
10
include, but not be necessarily limited to, aircraft
arrival guidance; flight line servicing, including
the sale and enplaned delivery of aviation fuel and
petroleum products; providing minor airframe, power
plant, and avionics maintenance service to aircraft
and aircraft equipment and accessories as from time
to time may be required by aircraft operating or
based at the airport; ramp assistance to aircraft,
including aircraft parking, storage, and tiedown
services; gratuitous passenger transportation servic-
es between the demised premises and other places of
origin and destination on the airport for lessee's
patrons arriving in non-commercial aircraft; provid-
ing emergency service to disabled aircraft on the
airport, including towing or transportation of
disabled aircraft having a gross landing weight not
in excess of 12,500 pounds to the demised premises at
the request of the owner or operator of the disabled
aircraft or the Airport Director.
B. Secondary Services. In addition to the foregoing,
the Fixed Base Operator may provide Secondary Commer-
cial Aeronautical Support Services. It is understood
that providing these services by the Fixed Base
Operator is strictly at his own election. However,
if he so elects, he must comply with the minimum
standards outlined below. A Fixed Base Operator
providing these additional services will be offered a
longer lease term than a Fixed Base Operator provid-
ing only Primary Services. The Secondary Commercial
Aeronautical Support Services shall consist of those
services generally offered at any airport which are
11
not classified as being in primary support of air-
craft using the airport. Such services shall include
but not be limited to:
1. General. Providing major airframe, power plant,
avionics maintenance service to aircraft and
aircraft equipment and accessories as is from
time to time required by aircraft operating or
based at the airport; charter or rental of
aircraft, with or without pilot; air taxi
service; sightseeing services; cargo handling;
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 airport; and the sale from
vending machines or similar facilities located
within the demised premises of convenience
foods, amenities, and non-alcoholic beverages,
provided that such sales shall be limited to
aeronautical customers of lessee, and shall not
be made in the form of a restaurant operation,
and shall be strictly limited to vending ma-
chines or similar facilities for the convenience
of other than airline passengers.
2. Flight Instruction. The operation of an FAA
approved flight school so as to provide instruc-
tion from primary flight training through and
including qualifying for an A.T.R.
12
i
3. Aircraft Charter, Air Taxi and Sightseeing
Services. Providing pilots for the operation of
aircraft owned by others and to carry passengers
and freight for hire, on a non-scheduled basis,
which shall include sightseeing privileges,
subject to all appropriate laws and regulations
of the Federal Government, the State of Florida,
the requirements of the FAA, or any other duly
authorized governmental agency.
C. Exclusions. The following concessions and the
establishment thereof shall be specifically excluded
from the lease of any Fixed Base Operator:
1. Ground transportation for hire
2. western union and/or other commercial telecommu-
nications services
3. Auto rental services
4. News and sundry sales
5. Barber, valet and personal sales
6. Wholesale or retail sale of non-aviation prod-
ucts
7. Automotive gasoline station
8. Automotive or marine maintenance and repair
service for vehicular or marine equipment of the
general public or other tenants of the Airport
D. Detailed Requirements. A Fixed Base operator wishing
to engage in a business on the airport, which must
include all of the services classified as primary and
may include secondary commercial aeronautical support
services hereinbefore described, will also be re-
quired to meet the following detailed requirements:
13
1. Investment. The minimum investment in facili-
ties, tools, and equipment excluding aircraft to
provide Primary Services at the airport is
$300,000, part of which may be satisfied by the
leasing of existing facilities, the value of
which shall be determined by the commission.
The minimum investment in facilities, tools, and
equipment to provide Secondary Service is an
additional $300,000.
2. Premises. Each Fixed Base Operator must lease a
minimum of two (2) acres of airport property for
Primary Service and an additional one (1) acre
for Secondary Services in the area designated by
the Commission. This requirement may be modi-
fied based upon availability of land.
3. Construction.
a) Tiedowns. Tiedown facilities must at all
times be provided for a number of aircraft
at least equal to the number, type and size
of aircraft owned by the operator and/or
based at the operator's facilities, plus an
additional minimum of thirty (30) tiedown
facilities for transient aircraft. This
requirement may be modified based upon
availability of land.
b) Hangars. Hangars constructed or leased
from the Commission for the rental of space
for aircraft storage or for aircraft and
engine repair, shall not be less than 4800
square feet in floor area. The quality and
design of all hangars to be constructed is
14 a
subject to approval by the Commission
prior to construction.
c) Auto Parking. A hard surfaced automobile
parking area, adjacent to the main build-
ing, with a minimum of twenty spaces will
be required, subject to availability of
land.
d) Site Plan. All site, building and facili-
ties location, plans for the area leased
must be reviewed and approved by the
Airport Director.
e) Utilities. All proposed utilities to be
brought into the property must be reviewed
and approved by the Airport Director.
f) Building Codes, Permitting Requirements,
Regulations and Standards. All construc-
tion, including facility installations and
building structures must comply with all
appropriate local, state, and federal
building, structural, electrical, HVAC,
plumbing, mechanical, fire, flood, and
health protection codes, permitting re-
quirements, regulations and standards as
applicable and established by the appropri-
ate governmental agencies.
g) Final Approval Authority. All of the
proposed construction and improvements will
be subject to the final approval authority
of the Commission.
4. Sale of Aviation Petroleum Products, Ram
Service and Storage. A Fixed Base Operator is
15
authorized to receive, store, and dispense at
retail; aviation fuel, oil, and other aviation
petroleum products. The following minimum
services are to be provided:
a) Aircraft Parking Apron and Service Ramp.
Lease from the Commission or provide with
the approval of the commission a minimum of
two (2) acres (subject to availability of
land) of Portland Cement Concrete or
asphalt paved areas with tiedown facilities
as described in Section V.D. (3) (a) for
based and transient aircraft parking apron
with access or accesses to taxiways. The
type of pavement and pavement section
thickness shall be determined by the
Airport Director. The minimum area of the
corresponding transient or service ramp
shall be approved by the Commission.
b) Fuel Tank Farm and Refueling Vehicles.
Provide and maintain a minimum of 20,000
gallons aviation fuel storage capacity,
meeting all applicable local, state, and
federal safety and permitting requirements
in a location acceptable to the Commission,
for each grade of aviation fuel usually
required for aircraft using the airport.
In this regard 100 octane aviation gasoline
and Jet A aviation kerosene base fuel,
shall be available at all times. FBO shall
operate and maintain in good condition an
adequate number of aircraft refueling
16
vehicles for each type of product sold.
Each refueling vehicle shall be of adequate
volume and pumping capacity to sufficiently
service these aircraft normally using the
airport.
c) Pumping Equipment. Provide and maintain
pumping equipment meeting all applicable
local, state, and federal safety and
permitting requirements with reliable
metering devices subject to state and
independent inspection and with a pumping
efficiency and capacity capable of servic-
ing those aircraft normally using the
airport.
d) Hours of Operation. Have personnel on duty
at all times during normal business hours
of 0800 to 1800 seven days a week and at
such other times as is necessary to satisfy
reasonable demands for aircraft services.
e) General Aviation Terminal Building
Facilities. Construct in a location
approved by the Commission, or lease from
the Commission building space with a
minimum of 600 square feet, comfortably
heated and air conditioned with waiting
rooms for passengers and crew of aircraft,
including sanitary restrooms and public
telephone. Design and construction plans
for the facility must be reviewed,
approved, and/or permitted by all applica-
ble local, state, and federal agencies, and
17
approved by the Commission prior to con-
struction of the facility.
f) Ground Rods. Install at all fixed fueling
locations adequate grounding rods to reduce
the hazards of static electricity.
g) Flight Line Repairs. A Fixed Base Operator
shall demonstrate a capability to perform
minor aircraft and engine repairs of the
type generally known as flight line re-
pairs.
5. Insurance.
a) General. A Fixed Base Operator shall
maintain all required insurance and bonds
with insurance underwriters authorized to
do business in the State of Florida satis-
factory to the Commission. All policies
shall name Monroe County, as additional
insured. The Fixed Base Operator shall
furnish the Commission with a certificate
of insurance showing such insurance/bonds
to be in full force and effect during the
entire term of the contract. All policies
shall contain a provision that written
notice of cancellation or any material
change in the policy by the insurer will be
delivered to the Airport Director thirty
(30) days in advance to the effective date
of such cancellation or change.
b) Fire, Extended Coverage and Vandalism. The
Fixed Base Operator shall at its sole cost
and expense, cause all improvements on the
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demised premises to be kept insured to the
full replacement value thereof, against
the perils of fire, extended coverage, and
vandalism and in the amounts customary
against the perils of explosion from
boilers and pressure vessels, sprinkle
leakage and like perils. The proceeds of
any such insurance paid on account of any
of the perils aforesaid, shall be used to
defray the cost of repairing, restoring or
reconstructing said improvements.
c) Indemnity. The Fixed Base Operator shall
assume all risks incident to, or in connec-
tion with, its business to be conducted and
shall be solely responsible for all acci-
dents or injuries of whatever nature or
kind to persons or property caused by its
operations at the airport, and shall
indemnify, defend and harmless Monroe
County, . its elected and appointed offi-
cials, employees, authorized agents and
representatives from any penalties for
violation of any law, ordinance or regula-
tion affecting its operation, and from any
and all claims, suits, losses, damages or
injuries to persons or whatsoever kind of
nature arising directly or indirectly out
of such business, or resulting from the
carelessness, negligence, or improper
conduct of the Fixed Base Operator, or any
of its agents or employees.
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d) Commercial General Liability. The Fixed
Base Operator will be required to provide
Commercial General Liability Insurance in
the amount of not less than $1,000,000
combined single limit, which shall apply
with respect to liability because of injury
to persons or destruction of aircraft or
aircraft parts, including the loss of use
of aircraft, which are the property of
others and are in the custody of the Fixed
Base Operator for storage, repair or
safekeeping in or on the airport.
At all times during the term of the lease
the limit of liability must be such that in
the event of a loss the Fixed Base Operator
will be completely insured with respect to
any one accident. In accordance with
paragraph 5C, Indemnity.
e) Performance Bond. Prior to the commence-
ment of any construction a Fixed Base
Operator will provide and deliver to the
Commission a Performance Bond in the amount
of the budget estimate for all construction
costs, which shall be conditioned upon the
full and faithful performance by the Fixed
Base Operator of all duties, responsibili-
ties and obligations to design and con-
struct all building, hangar and/or associ-
ated facilities herein required.
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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 so
elects to establish a fuel flowage fee, the
Fixed Base Operator will pay the county the
fee for aircraft fuel pumped into aircraft
for any purpose, except for that fuel
pumped into aircraft exempt from fuel
flowage fees pursuant to agreement with
Monroe County, the terms to be finalized at
the time of establishment.
b) Airport Usage Fee. Monroe County may also
elect to establish an airport usage fee.
In that event, the Fixed Base Operator will
be required to pay the fee based on a
percentage of the Gross Receipts (hereinaf-
ter defined) received by the Fixed Base
Operator from all commercial operations
conducted on, in or from the leased premis-
es, the terms to be finalized at the time
of lease negotiations.
(1) Gross Receipts. The term "Gross
Receipts" shall consist of all revenue
received or realized by or accruing to
the Fixed Base Operator from all
sales, for cash or credit, of servic-
es, products or other merchandise made
pursuant to the privileges authorized
by its agreement with the county,
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excluding revenue derived from the
sale Of aircraft fuels. All revenues
shall be deemed to be received at the
time of the determination of the
amount due the Fixed Base Operator for
each transaction, whether for cash or
credit, and not at the time of billing
payment. Any taxes imposed by law
which are separately stated and paid
for by the customer, and which are
directly payable to the taxing author-
ity by the Fixed Base Operator, shall
be excluded from the receipts of the
Fixed Base Operator for the computa-
tion of the percentage assessment.
7. Term of Lease. The lease term that will be
granted to a Fixed Base Operator meeting all of
the standards for providing Primary Services
hereinbefore set forth will be for a period of
five (5) years with an option to renew for one
(1) additional five (5) year period, subject to
renegotiations of fees and charges in addition
thereto. The contract amount agreed to herein
may be adjusted annually in accordancewith the
percentage change in the Consumer Price Index
(CPI) for Wage Earners and Clerical Workers in
the Miami, Florida area index, and shall be
based upon the annual average CPI computation
from January 1 through December 31 of the
previous year. A Fixed Base Operator providing
Secondary Service will be allowed the option to
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renew for two additional five (5) year periods,
also subject to the renegotiation of fees and
charges in addition thereto.
VI. Partial or Individual Aeronautical Services
In the event a person desires to establish a business
on a Monroe County Airport which includes only a part
of the elements of primary and/or secondary
commercial aeronautical support services, excluding
sale of aviation fuel, as herein before defined, such
person, will be required to negotiate a lease with
the Commission upon terms, conditions, and standards
necessary for the protection of the public health,
welfare, and safety. In order to provide partial or
individual aeronautical services, it will be
necessary to meet the minimum requirements listed
under the specific category as described below. In
addition to the providers of individual services, all
Fixed Base Operators providing these services must
also meet the minimum requirements.
A. Flight Instruction and Aircraft Rental Services.
A provider in this category is authorized to
carry on flight and ground school instruction and
to rent aircraft. The following is required:
1. Personnel and Certifications. Have available
on a full time employment basis a minimum of
one (1) pilot appropriately rated, and with
all applicable and current Federal Aviation
Administration Instructor Pilot and Federal
Aviation Administration approved Medical
Certificates and possess all the required
Federal Aviation Administration approvals for
23
ground school curriculum.
2. Aircraft and Equipment. Provide and at all
times maintain, in accordance with FAA require-
ments, a minimum of one (1) aircraft owned or
leased by and under the exclusive control of the
Provider, which is properly equipped as required
by the FAA regulations and is certified for
flight instruction and rental.
3. Facilities. Construct in a location directed
by the Commission or lease from the Commission
for his exclusive use, a minimum of 500 square
feet of classroom and/or office space, to include
restrooms, unless same are provided under other
categories in a multi-category service. Design
and construction plans must meet the Detailed
Requirements described in V.D(3) (d) , (e) , (f)
and (g.) .
4. obligations and Responsibilities. obligation
and responsibility for determining that personnel
operating rental aircraft obtained from the
Provider have appropriate and current FAA Pilot
licenses, ratings, approved Medical Certificates,
and are capable of operating the aircraft to be
rented or leased, and knowledgeable of all
applicable airport rules.
5. Insurance. Furnish required insurance as
described in Section V.D. (5) (a) , (b) , (c) , (d)
and (e) .
B. Non-Scheduled Aircraft Charter, Air Taxi and Sight-
seeing Services. A Provider in this category is
authorized to operate a non-scheduled charter service
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and non-scheduled air taxi service. Copies of all
applicable certificates required of the Provider by
the FAA shall be provided to the Commission. In
addition, the Provider shall meet the following
minimum requirements:
1. Personnel and Certifications. Have available on
a full-time employment basis a minimum of one or
two FAA certified pilots with current commercial
and instrument ratings and appropriate and
current FAA approved Medical Certificates as
crew for his aircraft. The number depends on
the type of aircraft used.
2. Aircraft and Equipment. Provide and at all
times maintain a currently certified and contin-
uously airworthy aircraft owned or leased by the
under the exclusive control of the Provider,
properly certificated and equipped for air
charter or air taxi service as required by
current FAA regulations.
3. Facilities. Construct a building in a location
directed by the Commission or lease from the
Commission for his exclusive use, a minimum of
500 square feet in a building to provide for
waiting and checking in of passengers, handling
of luggage, restroom facilities and public
telephone, (unless restrooms and telephone are
provided under other categories in a
multi-category proposal) , plus must provide
satisfactory parking and ground transportation.
Design and constructions plans for such
25 ,
facilities must meet the Detailed Requirements
described in V.D. (3) (d) , (e) , (f) and (g) .
4. Insurance. Furnish required insurance as
described in Section V.D. (5) (a) , (b) , (c) , (d)
and (e) .
C. Aircraft Sales. A Provider in this category is
authorized to conduct an aircraft sales operation.
In this category, the Provider shall meet the follow-
ing minimum requirements:
1. Sales or Distributorship Franchise Agreement
Have a sales or distributorship franchise
agreement from an aircraft manufacturer or a
substitute arrangement satisfactory to the
Commission.
2. Personnel, Certifications and Hours of Opera-
tion. Have available during normal working
hours of 0800 to 1800. FAA certificated and
currently airworthy aircraft for sale and
demonstration, with a minimum of one (1) fully
qualified demonstrator pilot employed with
current and appropriate FAA pilot ratings and
FAA approved medical certificates.
3. Customer and Warranty Services. Provider must
be able to offer customer and warranty services
for any new aircraft purchased as a part of the
sales or distributorship franchise agreement
with the manufacturer.
4. Facilities. Construct where directed by the
Commission, or lease from the Commission, for
his exclusive use, a minimum of 500 square feet
of office space to include restroom facilities.
26
The design and construction plans for this
building must meet the Detailed Requirements
described in Section V.D. (3) (d) , (e) , (f) and
(g)
5. Insurance. Furnish required insurance as
described in Section V.D. (5) (a) , (b) , (c) , (d)
and (e) .
D. Aircraft, Engine, Propeller, and Accessary 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 facilities and equipment for airframe
and power plant repairs, and employ sufficient
qualified and certified A & P mechanics and such
other personnel to adequately serve the flying
public. Depending upon level (i.e. Individual,
Primary, or Secondary) such airframes and power
plant repair shall include facilities for both
major and minor repair of aircraft airframes and
power plants used in general aviation in Monroe
County.
2. Additional Services. If required, demonstrate
the ability to and assume responsibility for
promptly removing from the public landing area
as soon as permitted by cognizant FAA and Civil
Aeronautical Board Authorities, any disabled
aircraft upon request by the aircraft owner or
the Director of Airports.
27
3. Facilities Required by Primary and Secondary
Services Fixed Base Operators.. For primary and
secondary service Fixed Base Operators, con-
struct in a location directed by the Commission
or lease from the Commission for his exclusive
use a minimum of 4800 square feet of hangar
space, and a minimum of l000 square feet of
office, shop and storage space, plus sufficient
ramp space adjacent to the hanger for aircraft
parking. Design and construction must meet the
Detailed Requirements described in Section V.D.
(3) (d) , (e) , (f) and (g) .
4. Facilities Required by Individual Providers.
Individual providers of these services must
construct or lease in a location directed by the
Commission for his exclusive use 3000 square
feet of hangar space, and a minimum of 300
square feet of office, shop and storage space,
plus sufficient tiedown space in proximity of
the hangar for aircraft parking. Design and
construction must meet the Detailed Requirements
described in Section V.D. (3) (d) , (e) , (f) and
(g) .
5. Insurance.. Furnish required insurance as
described in Section V.D. (5) (a) , (b) , (c) , (d)
and (e) .
E. Avionics and Instrument Repair Service. A Provider
in this category is authorized to operate a avionics
and instrument repair station. The following minimum
services shall be provided:
28
1. Construct in a location directed by the Commis-
sion or lease from the Commission for his
exclusive use a minimum of 500 square feet of
shop and storage space, and, if available,
sufficient ramp space adjacent to the facility
for the parking of aircraft and/or storage and
aircraft being worked on. otherwise, provider
must make satisfactory arrangements, acceptable
to the Commission, for access to and/or storage
of aircraft being worked on. Design and con-
struction plans to be completed by the Provider
shall meet the Detailed Requirements described
in Section V.D. (3) (d) , (e) , (f) and (g) .
2. Have available on a normal full-time basis FAA
certificated technicians in the field of air-
craft electronics and aircraft instruments
repair, 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
Commission may enter into a lease or agreement with
such applicant authorizing and permitting him to
function on the airport. No such commercial activity
shall be started or conducted without written permis-
sion from the Commission.
VIi. Background Investigation
All persons desiring to establish a business at a Monroe
County Airport will be subject to the investigation of
their aviation experience, financial ability, credit
rating and other conditions usually used in good business
practice to determine a person's ability to perform and
fulfill the requirements of a contract of lease.
VIII. Right to Modify
The Commission reserves the right to modify these
standards from time to time as may be required for the
benefit of the general public and for proper and
efficient operation of the airport.
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 controlling.
30