MODEL AIRCRAFT LICENSE AGREEMENT
This Agreement is made and entered into this 19th day of June, 2002 by and between the BOARD OF COUNTY COMMISSIONERS OF HILLSBOROUGH COUNTY, FLORIDA, hereinafter referred to as the "COUNTY"; and TAMPA RADIO CONTROLLED AIRCRAFT CLUB, INC., a Florida non-profit membership corporation, hereinafter referred to as "TRAC".
RECITALS
WHEREAS, the County is the owner of the Hillsborough Heights Landfill Facility and TRAC desires to use this property as a radio controlled ("RC") model aircraft flying field; and
WHEREAS, the Solid Waste Management Department and the Parks and Recreation Department have agreed to the use of land described in this agreement; and
WHEREAS, the use of this property as a RC model aircraft flying field would not be inconsistent with the sensitive nature of the property, and it would promote the building and flying of RC model aircraft, a hobby which is recognized as a healthy and constructive activity; and
WHEREAS, the model aircraft flying field Site (site) will be exclusively contained within the Northeast portion of the Hillsborough Heights Landfill properties, consisting of approximately 11.8 acres, which is designated on the attached "Site Plan" as "Attachment A"; and
WHEREAS, TRAC has been utilizing the site for the past 10 years and has demonstrated that its operation is compatible with the County's operation and surrounding land use; and
WHEREAS, the successful operation of a RC model aircraft flying field, and the protection of the fliers, members and guests from improper use of the Federal Communications Commission (FCC) assigned radio frequencies require that such a facility be under the supervision of a competent authority that is familiar with the requirements for proper utilization of these radio frequencies; and
WHEREAS, the Academy of Model Aeronautics (AMA)is the chartering organization for more than 2,500 model aircraft clubs across the United States and provides its chartered clubs with substantial insurance and other hobby and professional assistance; and
WHEREAS, TRAC is a charter club of the AMA and is well qualified to provide the supervisory services needed for the successful operation of the Site as a RC model aircraft field.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties hereto do hereby mutually agree as follows:
ARTICLE I
USE OF SITE
1. The Site shall be utilized by TRAC, its members and guests for the single purpose of operating a RC model aircraft flying field.
2. All persons using the Site for RC hobby purposes shall be required to have currently in force AMA insurance coverage, and
may be required to exhibit evidence of current AMA insurance coverage as a condition to the use of the Site for RC flying purposes.
3. All persons conducting radio controlled hobby operations on the Site, which could result in radio interference, shall be required to comply with all FCC and AMA radio control frequency regulations.
4. Use of the site by TRAC is secondary to uses or access required by the County. At all times during the duration of this Agreement, the County retains the right to suspend, modify, or terminate TRAC's use of the Site in order to perform improvements, repairs, or other work required at the Site.
ARTICLE II
TERM, RENEWAL, CANCELLATION, AND PAYMENT
1. This Agreement shall be in effect for five years from the date of a Notice to Proceed issued by the County.
2. At the sole option of County, this Agreement may be extended for two additional three (3) year renewal periods under the same terms and conditions.
3. This Agreement may be terminated at will by either party giving 30 days prior written notice of such intent to the other and specifying the effective date thereof..
4. Any termination notice, initiated by either party, shall be delivered by certified mail (return receipt requested) or in person to the offices of the other party with proof of such delivery.
5. Upon expiration or termination of this Agreement, any improvements made to the premises shall be removed, unless both parties mutually agree that the improvements are to remain in place, and the premises shall be returned to their original natural state.
6. A lease payment of Ten Dollars ($10.00) per year is to be paid at or immediately after the commencement of this Agreement and on each anniversary date thereof during the initial or any renewal term of this Agreement.
ARTICLE III
MAINTENANCE, USE AND CARE OF THE SITE
1. TRAC agrees to use due care in the use of the Site and all other parts of the surrounding property of the County. Due to the
potential hazard resulting from landfill gas migration and venting, TRAC agrees to monitor and enforce "No Smoking" on the flying field. The "No Smoking" regulation shall be posted at the Site.
2. TRAC shall surrender possession of the Site to the County at the termination of this Agreement in as good a condition as when taken, excepting only reasonable and ordinary wear and tear.
3. The County shall maintain the roadway, parking area, and cut the grass around the outer perimeter of the fenced-in Site area, maintaining at least one (1) inch of grass blade length above ground level. The County and TRAC shall mutually agree on a schedule for performing the referenced work.
ARTICLE IV
ADDITIONS AND ALTERATIONS
1. TRAC shall not make any additions or alterations to the Site without the prior written consent obtained in each instance from the County. Any such request must be accompanied by a written or drawn plan.
2. Should mandatory construction activities at the Hillsborough Heights Landfill demand that a portion of the flying
range be excluded/restricted, the County will give written notice to TRAC. TRAC shall comply with the stated restrictions, until such time as the same are lifted. TRAC will be informed of lifted restrictions through written notice.
3. The County reserves the right to require TRAC to suspend operations on the Site for such time, in the judgment of the County, as may be necessary to protect the Site and surrounding property.
ARTICLE V
ADDITIONAL OBLIGATIONS OF TRAC
In addition to other obligations under this Agreement, TRAC shall have the following obligations:
1. TRAC will maintain, with the County, certificates of insurance evidencing the following insurance coverages of TRAC and including the County as an additional insured. The certificates shall stipulate a 30-day prior written notice to the County in the event of cancellation or reduction in coverage limits.
a. A standard commercial general liability policy including premises liability for the Site leased by TRAC under this agreement with no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage.
b. A special liability policy, or endorsement on the commercial general liability policy, providing liability coverage for bodily injury and property damage arising from the operation of model aircraft on the Site with combined single limits of no less than $1,000,000 per occurrence.
2. To require all persons utilizing the Site for RC model flying purposes to show evidence of their individual
AMAinsurance coverage for personal injury and property damage.
3. To enforce compliance with AMA and FCC radio frequency regulations by all RC hobby users of the Site.
4. To prescribe and enforce reasonable flight safety and radio frequency rules to be followed by all users of the Site.
5. To monitor compliance by all users of the Site with such environmental and landfill rules as may from time to time be promulgated by the County.
6. TRAC shall comply with the following hours of operation: 8:00 a.m. until sundown. TRAC shall provide the County with thirty (30) days' notice of any change in hours of operation.
7. To advise the County by phone as immediately as possible and in writing within twenty-four (24) hours of any fuel, solvents, or oil spills that may occur on the flying site.
8. To monitor and enforce, at all times, the requirement that only members or guests of TRAC be permitted on the Site. TRAC shall post in a visible area on the Site that use is restricted to only members and guests of TRAC.
9. To maintain the primary runway area, taxiway areas, pit areas, and pilot stations for the Site, and to comply with all local, state, and federal regulations in doing so.
10. To maintain the entire fenced-in Site area, including the runway area, taxiways and pit areas. Upkeep includes, but is not limited to, cutting the grass and maintaining at least one (1) inch of grass blade length above ground level; and maintaining litter control of the entire Site area.
ARTICLE VI
EXPENSES
1. Any costs or expenses for materials or services provided by the County to facilitate use of the Site by
TRAC shall be reimbursed or borne solely by TRAC.
ARTICLE VII
COMPLIANCE WITH LAWS
1. TRAC shall not make or permit any use of the Site, which will be unlawful, improper, or contrary to any applicable local, state or federal law, ordinance or regulation.
ARTICLE VIII
RIGHT OF ENTRY
1. The County will provide TRAC with ingress and egress to the Site.
2. TRAC is expressly restricted to the Site area, for use of the property as a "RC" model aircraft flying field. Should a model aircraft fall outside of the designated flying area at any time TRAC shall follow the procedures stated herein for retrieval of the aircraft.
ARTICLE IX
RETRIEVAL OF MODEL AIRCRAFT
1. Weekdays - If a model aircraft goes down outside the fenced area Monday through Friday, during the normal operation hours (7:00 a.m.- 3:30 p.m.) of the Solid Waste Management Department's (SWMD) Hillsborough Heights property maintenance staff, the SWMD will retrieve the aircraft that same day. However, if a model aircraft goes down after 3:30 p.m., Monday through Thursday, the TRAC member is to notify the SWMD the following day that the aircraft needs to be retrieved from the area. This service will be provided free of charge. However, if the aircraft goes down after 3:30 p.m. on Friday, the SWMD will retrieve the aircraft in accordance with the following weekend retrieval procedure.
2. Weekends - During weekends, the SWMD will provide a staff member, available via cellular telephone, to retrieve aircraft downed outside the Site area. The SWMD will charge a call-out service rate of $20.00/hour, with a minimum of two hours payment per call-out. The SWMD will invoice TRAC on a monthly basis for the call-outs performed by the SWMD.
3. Special Weekend events - During special weekend competition events, the SWMD will provide an on-site employee to retrieve the aircraft downed outside the designated area. The SWMD will charge TRAC the rate of $20.00 for each hour the employee spends on-site to retrieve aircraft, with a minimum two-hour payment. The SWMD will invoice TRAC on a monthly basis for the time spent on-site during special weekends events. In order for the SWMD to have staff available for the special events, TRAC will provide a schedule, one month in advance, to the SWMD indicating dates and staff hours requested.
4. The SWMD will not be responsible for any damage to the aircraft during retrieval.
ARTICLE X
RULES ENFORCEMENT
1. In the event legal action is required in order to enforce radio frequency or flight safety rules applicable to the use of the Site, then TRAC shall be entitled to bring such action at no cost or expense to the County.
2. County shall have the right to enter Site at all times to inspect and to enforce this Agreement.
ARTICLE XI
INDEMNITY
1. TRAC agrees to assume all risk of loss, injury or damage of any kind or nature to any person or property including, but not limited to, any building or other structure or the contents thereof, on or off Site, or to any goods, chattels, or other property that may be in or upon Site whether belonging to the County or to others, which arises out of the use of the Site by TRAC, its agents, members or guests; or from conditions inherent in the nature of the Site.
2. TRAC agrees to indemnify County, defend and hold County harmless from any and all claims, demands, and causes of action arising out of the use of the Site pursuant to this Agreement by TRAC, it's agents, guests, or assigns.
ARTICLE XII
DEFAULT
1. If TRAC shall default in any provisions of this Agreement, or shall abandon the use of Site, the County may terminate this Agreement.
ARTICLE XIII
NON-DISCRIMINATION
TRAC hereby certifies that it does not and will not, in connection with its use of the Site, practice any unlawful discrimination against any person or group on the basis of race, color, sex, religion, age, ancestry or national origin.
ARTICLE XIV
NO WAIVER OR BREACH
No failure by the County to insist upon the strict performance by the TRAC of any term or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such term or condition.
ARTICLE XV
MODIFICATION
This Agreement may only be amended by a written instrument executed by the County and TRAC. Similarly, no contract, which affects the terms of this Agreement, shall be valid, as it affects this Agreement, unless it is in writing and executed by the County and TRAC.
ARTICLE XVI
ENTIRE AGREEMENT
The License Agreement contains the entire Agreement of the parties and no other Agreement, statement, or promise made by any party, employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.
ARTICLE XVII
SEVERABILITY
In the event that any part of this Agreement be construed as unenforceable, the remaining parts of this Agreement shall be in full force and effect as though any unenforceable part or parts were not written into this Agreement.
ARTICLE XVIII
DRUG FREE WORKPLACE
TRAC shall assure the County that it will administer, in good faith, a policy designed to ensure that TRAC members and guests are free from the illegal use, possession, or distribution of drugs or alcohol while using this Site.
IN WITNESS WHEREOF, County and TRAC have caused these presents to be executed in their names the day and year first above written.
ATTEST:RICHARD AKE
