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Agenda 04/23/2013 Item #10F4/23/2013 10. F. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inca ( "Fletcher ") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the Board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) that the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities /land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the Board of Commissioners, as was permitted until most recently and as is typical for similarly situated rural airports; (i) that any complaint intended to be filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the Board of Commissioners. That the proposed lease be drafted by the County Attorney to include the provisions, as listed and executed by the County by April 26, 2013. OBJECTIVE: That the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inc. ( "Fletcher ") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the Board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) that the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities /land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the board of commissioners, as was permitted until most recently and as is typical for similarly situated rural airports; (i) that any complaint intended to de filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the board of commissioners. That the proposed lease be drafted by the County Attorney to include the provisions, as listed and executed by the County by April 26, 2013. Packet Page -256- 4/23/2013 10. F. CONSIDERATIONS: Fletcher has been a tenant at the Immokalee Airport for the past 10 years, and has been the airport's single largest fuel purchaser (approximately 80 -90% of total fuel sales). Fuel sales are critical to the airport's financial health. Fletcher has had an unblemished history as a tenant until most recently; with the arrival of Airport Executive Director Chris Curry, Fletcher has been subjected to unfounded allegations of misconduct. Mr. Curry has filed numerous FAA complaints against Fletcher, all of which have been deemed meritless and have been dismissed. Mr. Curry's zeal to prosecute Fletcher has been so great that Mr. Curry has even tried to appeal a denied FAA complaint. Mr. Curry has gone so far as to smear Fletcher's reputation by reporting Fletcher's conduct as "misconduct" to the media, ahead of any FAA ruling. Further, Mr. Curry refuses to give Fletcher a lease providing for a fixed term, instead relegating Fletcher to a month to month tenancy, notwithstanding Fletcher's plea for a term of years, and, notwithstanding that other tenants have leases with a term of years. No established business can operate with any sense of security about their future under such provisions. Fletcher and his invitees should be treated as all other tenants and invitees are treated. Lastly, Fletcher should be allowed to hot fuel and land as he would be allowed on other similarly situated rural airports, following all security standards for such conduct, again as would be applied at other similarly situated rural airports, and, as has been the practice at the Immokalee airport until most recently. The Immokalee Airport is at the heart of a large agricultural community which Fletcher serves. As such, aviation practices typical for a rural airport should be allowed, since to do otherwise would be a disservice to the agricultural community which is dependent on Fletcher's services. For the reasons stated, it behooves the board of commissioners to execute a lease with Fletcher that provides for the recommended terns, and execute the lease in the best interest of the airport, the agricultural community, and public safety; to further evidence fair and equitable tenant treatment; and, as a showing that the airport is business friendly. (It should be noted that not only does Fletcher serve the agricultural community of Collier County, Fletcher also sprays to put out forest and brush fires, a service vital to public safety.) FISCAL IMPACT: Rental revenue stream and material fuel sales at the Immokalee airport. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues at this time, and requires majority support for direction. -JAK. RECOMMENDATION: That the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inc. ( "Fletcher ") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) that the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities /land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are Packet Page -257- 4/23/201 3 1 0. F. videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the board of commissioners, as was permitted until most recently and as is typical for similarly situated rural airports; (i) that any complaint intended to be filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the Board of Commissioners. That the proposed lease be drafted by the County Attorney to include the provisions, as listed and executed by the County by April 26, 2013. PREPARED BY: Commissioner Georgia Hiller, Chair - District 2 Attachments - Shepard Lease; Fletcher Amended Complaint Packet Page -2S8- 4/23/2013 10. F. COLLIER COUNTY Board of County Commissioners Item Number: 10.10.F. Item Summary: Recommendation that the Board of County Commissioners execute a fixed term lease with Fletcher Flying Service Inc. ( "Fletcher ") at the Immokalee Airport for his currently occupied bulk hanger, storage unit and staging area; that the lease be the Board adopted standard lease contract, to further include the following provisions: (a) the term shall be for 10 years; (b) that the current rate be subject to annual adjustments indexed to the CPI; (c) that in the event the spaces leased by Fletcher are needed for airport development, that Fletcher will be provided with equivalent facilities /land at the Immokalee Airport under the same terms and conditions of this lease; (d) that Fletcher will be responsible for routine repairs and maintenance of the leased premises, and, that the county will remain responsible for any repair or improvement that extends the life of the leased premises (capital improvements); (e) that Fletcher's invitees are granted airport access on the same terms and conditions as all other invitees to the airport; (f) that Fletcher's airport activities are videotaped to the same degree as all other tenants and invitees are videotaped, and not more; (g) that Fletcher be allowed to hot fuel his planes as would be allowed at similarly situated rural airports, on reasonable terms, requiring Fletcher to comply with all applicable hot fuel security standards; (h) that Fletcher be allowed to land on designated grassed areas of the airport as approved by the Board of Commissioners, as was permitted until most recently and as is typical for similarly situated rural airports; (i) that any complaint intended to de filed with outside agencies by airport management against Fletcher must first be approved by majority vote of the Board of Commissioners. That the proposed lease be drafted by the County Attorney to include the provisions, as listed and executed by the County by April 26, 2013. (Commissioner Hiller) Meeting Date: 4/23/2013 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, CMO 4/17/2013 11:49:07 AM Submitted by Title: Executive Secretary to County Manager, CMO Name: BrockMaryJo Packet Page -259- 4/17/2013 11:49:08 AM Approved By Name: OchsLeo Title: County Manager Date: 4/17/2013 12:00:08 PM Packet Page -260- 4/23/2013 10. F. 4/23/2013 10.F. FIRST AMENDMENT TO SUB -LEASE AGREEMENT THIS AMENDMENT TO SUB -LEASE AGREEMENT ( "Amendment ") is made and entered into this day of ' 2012, by and between the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority (hereinafter referred to as the "Authority "), Gregory Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties." RECITALS: WHEREAS, the Parties entered into a Sub -Lease Agreement dated September 13, 2011, ( "Sub -Lease Agreement ") a copy of which is attached hereto; and WHEREAS, the premises subject to this Amendment and the Sub -Lease Agreement are the parcels improved with Buildings 13 and 14, located at the Immokalee Regional Airport, Airpark Boulevard, Immokalee, Florida, as identified in Exhibit "A" of the Sub -Lease Agreement; and WHEREAS, pursuant to Paragraph 3 of the Sub -Lease Agreement, the Sub -Lease Agreement referenced herein is simultaneous with the Sub -Lease Agreement between the Parties for Buildings 7 and 8, and the site of private outdoor fuel tanks located at the Immokalee Regional Airport. Breach of one Simultaneous Sub -Lease Agreement by Sub - Lessee shall void the other Simultaneous Sub -Lease Agreement. WHEREAS, the Parties wish to amend Paragraph 9 (Rent) of the Sub -Lease Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Paragraph 9 of the Sub -Lease Agreement, entitled RENT, is hereby amended to read as follows: 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of &Q-44 $0.10 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be nen- aeronautical in nature. The rent shall be paid in advance, for each month during the term of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will be that for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter called "CPI ". An increase in the monthly base rent, if any, shall be Packet Page -261- 4/23/2013 10. F. based upon a comparison of the most recent CPI published for the current lease year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional base rent shall be the percentage difference between the two preceding CPI's. In no event shall the base rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period. 2. Except as modified by this Amendment, the Sub -Lease Agreement, shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Sub -Lease Agreement, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. AS TO THE SUB - LESSEE: Witness (signature) (print name) Witness (signature) (print name) AS TO THE AUTHORITY: ATTEST: DWIGHT E. BROCK, CLERK , Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams S?1') Assistant County Attorney 1 % 2 yli 2 GREGORY SHEPARD BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By: FRED W. COYLE, Chairman 2 Packet Page -262- 4/23/2013 105. SUB -LEASE AGREEMENT THIS SUB -LEASE AGREEMENT, made this V5 Ar\-%_ day of 4W✓ 2011, between the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties." RECITALS: WHEREAS, Authority is responsible for operation and maintenance of the lmmokalee Regional Airport ( "Airport "), which it leases from Collier County pursuant to a Lease Agreement dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease certain properties to Sub - Lessee on the terms and conditions set forth below. WITNESSETH- NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Sub -Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to the Sub - Lessee the present possessory interest in the leased premises described below. 2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject of this Sub -Lease are the parcels improved with Buildings 13 and 14 located at the Immokalee Regional Airport, Airpark Boulevard, Immokalee, Florida as identified in attached Exhibit hereinafter referred to as the "Premises." 3. Simultaneous Sub - Lease. This Sub -Lease is simultaneous with the Sub -Lease between the Parties for Buildings 7 and 8, and the site of private outdoor fuel tanks located at the Immokalee Regional Airport. Breach of the Simultaneous Sub -Lease by the Sub - Lessee shall void this Sub - Lease. 4. Initial Term. Based upon a received engineering report stating the expected life spans of Buildings 13 and 14 exceed 10 years, the initial term of this Sub -Lease shall commence as of the date first set forth above, and unless extended as set forth herein, shall terminate in 10 years. The leasable area shall be 250' by 120' totaling 30,000 square feet for both buildings. 5. Surrender at Expiration. Upon expiration or termination of lease term, Buildings 13 and 14 shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at Sub - Lessee's expense, remove Building 13 and 14, tenant's personal property and trade fixtures and those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All improvements, alterations or additions made by the Immokalee Regional Airport shall remain the property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the Revised: September 7, 2011 CAO Packet Page -263- 4/23/2013 tO.F. I termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To the extent that any hazardous substances are detected on the Sub - Leased Premises and generated by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and expense, shall remediate such hazardous substances, except if such hazardous substances were deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub - Lessee. 6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the Authority that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub - Lease. 7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub - Lessee to operate a storage and maintenance facility associated with a non -profit museum, which use the Board of County Commissioners. acting in its capacity as the Collier County Airport Authority, has found to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises. The Sub - Lessee and/or his Museum are to remove and no longer stop: any aircraft not owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport manager. 8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make any alterations or additions to the Premises without first obtaining the Authority's prior written consent, which consent may be withheld in the Authority's sole discretion. The Sub- Lessee shall submit to the .Authority plans and specifications for all alterations and additions at the time such consent is sought. 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be non - aeronautical in nature. The rent shall be paid in advance, for each month during the term of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the 2 Revised: September 7. 2011 CAO Packet Page -264- 4/23/2013 10. F. official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will be that for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter called "CPI". An increase in the monthly base rent, if any, shall be based upon a comparison of the most recent CPI published for the current lease year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional base rent shall be the percentage difference between the two preceding CPI's. In no event shall the base rent, once increased, be decreased, nor shall it be increased more than once in a 12 month period. 10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises. In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically agreed however, that the Authority. may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 11. Liens and Mort agLees. The Sub - Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Authority in the Premises shall not be subject to liens for improvements made by the Sub - Lessee and liens for improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Authority in the Premises or any part of either: This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 12. OWigation to Maintain Premises and Comply with All Lawful Requirements. The Sub - Lessee, throughout the term of this Sub - Lease, at its own cost, and without any expense to the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Sub - Lessee. If the Premises are not in such compliance in the reasonable opinion of the Authority, the Sub - Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, the Authority may cause the same to be corrected and the Sub - Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority, together with a 5% administrative fee. 13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the �I) r 3 Revised: September 7.201 l CAO Packet Page -265- 4/23/2013 10. F. term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such signage shall be in compliance with all applicable codes and ordinances. 14. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty, and the Sub - Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Authority provides the Sub - Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be promptly remitted to the Authority. If the Authority elects not to repair or replace the improvements, then the Sub- Lessee or the Authority may terminate this Sub -Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Sub - Lessee will cease its operations as may be necessary or appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. The Authority may terminate this Sub -Lease as part of a condemnation project. The Authority will use its best efforts to mitigate any damage caused to the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable to the Sub - Lessee for any compensation as a result of such termination. 15. Access to Premises. The Authority, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub - Lease, or make any required repairs not being timely completed by the Sub - Lessee. 16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises on the airport, Sub- Lessee is expected to take the most direct route. The most direct routing will negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be provided to access Buildings 13 and 14. 17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have the right at any time during its occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall have the option of either requiring Sub - Lessee to demolish and remove all improvements made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to 4 Revised: September 7.2011 CAO Packet Page -266- 4/23/2013 10. F. retain said improvements with fixtures on the Premises which improvements and fixtures will become the property of the Authority upon Sub-Lessee's vacation of the Premises. 18. Assignment. Sub - Lessee may assign this Sub - Lease upon the written consent of the Authority, which consent shall not be unreasonably withheld. 19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the Authority, as determined by Collier County Risk Management. 20. Defaults and Remedies. . a. Defaults by Sub - Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Sub - Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Sub - Lessee's operation. ii. Sub - Lessee's material misrepresentation of any matter related to this Sub - Lease. iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of execution and/or other process of law or equity. iv. Sub - Lessee's failure to utilize the Premises as set forth above. V. Any lien is filed against the Premises or Sub-Lessee's interest therein or any part thereof in violation of this Sub -Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Sub - Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. vi. Failure of Sub - Lessee to perform or comply with any material covenant or condition made under this Sub - Lease, which failure is not cured within ninety (90) days from receipt of Authority's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Sub - Lease by giving Sub - Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Authority as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Sub - Lessee, and this Sub - Lease may be immediately terminated by Authority except to the extent then prohibited by law. vii. Lessee's failure and/or failure of Lessee's invitees, agents, guests or sub - lessee's to follow and law, rule, regulation and/or requitement applicable to Revised: September 7, 2011 CAO Packet Page -267- 4/23/2013 10.F. the Immokalee Regional Airport, if after written notice such failure is not immediately cured. b. Remedies of Authority. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Sub - Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Sub - Lessee does not cure the defaults in the time frames as set forth above, and Authority has removed and stored property, Authority shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Authority shall dispose of such property in any manner it so chooses and shall not be liable to Sub - Lessee for such disposal. ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Authority under this Sub -Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Sub - Lessee shall pay Authority a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ( "Default Rate "), which interest shall be promptly paid by Sub - Lessee to Authority. iii. Authority may sue for direct, actual damages arising out of such default of Sub - Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise. Authority shall be entitled to reasonable attomeys fees and costs incurred arising out of Sub - Lessee's default under this Sub - Lease. c. Default by Authority. , Authority shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Authority shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Authority by Sub - Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or opinion, Authority has failed to perform any such obligation(s). d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Authority's 6 Revised: September 7. 2011 eAo J Packet Page -268- 4/23/2013 10. F. breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub - Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Authority under this Sub - Lease. ii. Sub - Lessee may cure any default of Authority and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Authority. Authority will pay Sub - Lessee on demand all reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf of Authority, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party, is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Sub -Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non - Waiver. Every provision hereof imposing an obligation upon Sub - Lessee is a material inducement and consideration for the execution of this Sub -Lease by Sub - Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. 21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease Manual (if any), which the Authority may be amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be bound by the terms of this Lease Manual, as of the 1st day of the second month the Sub- Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control. 22. Rules and Regulations. The Sub - Lessee shall comply with the Authority's published Rules and Regulations for this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or. charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport, provided all such Rules and Regulations comply with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all applicable governmental statutes, rules, orders and regulations. 23. Airport Development. The Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the Sub - Lessee, and without interference or hindrance. Notwithstanding the foregoing, nothing Revised: September 7, 2011 CAO 7 Packet Page -269- 4/23/2013 10. F. herein shall be construed to limit or impede Sub - Lessee`s rights to object to any such development or improvements in any lawful manner. 24. Airport Operations. The Sub - Lessee shall prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute . an airport hazard, and will restrict the height of structures, objects of natural growth, and other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part 77. Miscellaneous Legal Matters 25. This Sub -Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Sub - Lease, the Parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 26. This Sub -Lease contains the entire agreement of the Parties with respect to the matters covered by this Sub -Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Sub -Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Sub -Lease by the Parties. 27. In the event state or federal laws are enacted after the execution of this Sub - Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Sub - Lease. 28. Except as otherwise provided herein, this Sub -Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid,. within the time limit. For the purpose of calculating time limits which run from the giving of it particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Authority: Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 (239) 642 -7878 Revised: September 7. 2011 CAO cc: Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 Packet Page -270- 4/23/2013 10. F. If to Sub - Lessee: Gregory Shepard 2243 Peck Street Fort Myers, Florida 33901 cc: Henderson Franklin Starnes & Holt, P.A. Attn: Bruce E. Sands, Esq. P.O. Box 280 1715 Monroe St. Ft. Myers, FL 33901 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 29. Sub - Lessee is an independent entity, and is not any agent or representative or employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting on behalf of Sub - Lessee, shall hold itself out as an employee, servant, representative or agent of Authority. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Sub -Lease or to have any rights to enforce this Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Sub - Lessee acknowledges that Authority is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee- employer relationship and that Authority excludes Sub - Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the performance of any obligation under this Sub -Lease or of any inability to perform an obligation under this Sub -Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock- out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances relating thereto, nor permit employees, representatives, agents, contractors, sub - contractors, sub - sub- contractors, material men and/or suppliers to engage in such activities upon or about the Sub - Leased Premises. 32. Nondiscrimination Clause. The Sub - Lessee for himself, his personal representatives, successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and 9 Revised: September 7, 2011 CAO Packet Page -271- 4/23/2013 10.F. agree that (1) no person on the grounds of race, color, or national origin shall be excluded in participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Sub - Leased Premises; (2) that in the construction of any improvements on, over or under such Iand and the furnishing of services thereon, no person on the grounds of race, color or national origin shall be excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3) that the Sub - Lessee shall use the Sub - Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be amended That in the event of breach of any of the above nondiscrimination covenants, Authority shall have the right to temainate this Sub -Lease and to re -enter and as if the Sub -Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 33. Radon. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 34. Dominant Agreements. This Sub -Lease Agreement is subordinate and subject to all existing agreements between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and the Authority and Collier County. During the time of war or national emergency, the Authority shall have the right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, and, if such lease is executed, the provisions of this Lease Agreement insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions of any existing or future Agreement between Authority and the United States, relative to the operation or 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. 35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the Sub - Lessee's sole cost and expense. Revised: September 7, 2011 CAO 10 Packet Page -272- 4/23/2013 10. F. IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub - Lease Agreement the day and year first above written. Ar SEE: i ess ( gnature) G GORY SHEPARD ��i2rlcE- E • 1.t+r� (print name) Witness (signature) NALI.r —550 In d (print name) Revised: September 7. 2011 CAO Remainder of page intentionally left blank. Remaining signature page to follow. II Packet Page -273- AS TO THE AUTHORITY: ATTEST : -:- DWIGT;E..BROCK, CLERK Ft6 . , f erk f''Ylx� rt °nn and le su ciency: Steven T. Williams Assistant County Attorney Revised: September 7, 2011 CAO 4/23/2013 10.F. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY BY: w• G'jk FRED W. COYLE, Chairman 12 Packet Page -274- 11-� C z . . . Z . . . . . . Z Z V, A JEL 3100 '"T aft 4&T ag M*A LOW I�N --ll JL (4 ACftn)� 4/23/2013 10. F. 'r_ =__ _ WI Attachment A Packet Page -275- R 'i III ir 4/23/2013 10. F. BrockftryJo From: Klatzkow Leff Sent: Tuesday, April 16, 2013 11:10 AM To: HillerGeorgia Subject: FW: Fletcher Attachments: proposed second amended complaint.pdf Commissioner: This is the first of two e- mails. Jeffrey A. Klatzkow County Attorney (239) 252 -2614 From: GreeneColleen Sent: Tuesday, April 16, 2013 11:05 AM To: Klatzkow]eff Subject: FW: Fletcher Jeff: There is no Court Order approving the extension of time to file the complaint. The hearing was scheduled (and we believe heard) on April 2, 2013. The Court has not ruled. I will send the lease next. Colleen M. Greene Assistant County Attorney (239) 252 -8400 Fax (239) 252 -6300 From: BradleyNancy Sent: Tuesday, April 16, 2013 11:03 AM To: GreeneColleen Subject: Fletcher Colleen — Doc #69 in CP — no ruling has been docketed yet on Plaintiff's Motion for Extension of Time to File 2 °`' Amended Complaint after Judge Brodie heard arguments for /against April 2nd. Nancy Bradley, Legal Secretanl Collier County Attorney's Office 3299 East Famiand frail, Suite 800 Naples, Ff.34112 Phone: (239) 252 -8400 Fax: (239)7',4 -0225 nancvbradlcv:a coliielrov.n et PREPARED IN ANTICIPATION OF UIVIGATION, REFLECTS MENTAL IMPRESSIONS, LITIGATION SrRATE6IES AND LEGALTHFORIES AND IS EXEMPT FROM PI:DIAC RECORDS DIS( , I,OSI'RE PURSUANT TO A 119.07)(1)(d), FLA. ST.AT. THIS MESSAGE IS INTENDED FOR THF. RECIPIENT ONLY. IF YOU RECETVED THIS COM9FI:NIC'ATION IN ERROR, PLEASE NOTIFY' TIIF SENDER MINtLD1ATE:I.Y'. USE OR DISSEMINATION BY ANY PERSON OTHER TIIAN THE INTFNDED RFY'IPIENT IS STRICTIA' PROHIRITED. Under Florida Law. e-mail addresses are public records. If you do not want your a -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 Packet Page -276- 2. 3 4/23/2013 10. F. rl�y- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA STEPHEN J. FLETCHER; AND FLETCHER FLYING SERVICE, INC, a Florida Corporation, Plaintiffs, M THOMAS C. CURRY; and THOMAS VERGO. Defendants. CASE NO.: 12- 114 -CA c .� CD C) un fir+ r N C7 y... j_-J • =� t,1 X7 (. SECOND AMENDED COMPLAINT Plaintiffs, Stephen J. Fletcher ( "Fletcher ") and Fletcher Flying Service, Inc. ( "FFS "), sue Defendants, Thomas C. Curry ( "Curry") and Thomas Vergo ( "Vergo ") and state: JURISDICTION This is an action for permanent and temporary injunctive relief to restrain Defendants from harassing, abusing, injuring, or otherwise violating the lawful rights of Plaintiffs, for a declaratory judgment, for tortious interference, conspiracy and defamation and, as such, is within the proper jurisdiction of this Court and for defamation for damages in excess of $15,000, exclusive of interest or attorneys' fees. Plaintiff, Fletcher, is a resident of Hendry County, Florida. Plaintiff, FFS, is Florida for profit corporation, with its principal place of business in Hendry County, Florida. 1 Packet Page -277- 4. 5. G'l 7. 8. J I 10. 4/23/2013 10. F. Defendant, Curry, is a resident of Collier County Florida and the Executive Director of the Collier County Airport Authority ( "CCAA "), which agency has its official headquarters in Collier County, Florida. Defendant, Vergo, is a resident of Collier County, Florida and the Airport Manager of Immokalee Airport ("IMM "), which is located in Collier County, Florida and is under the auspices of the CCAA, which agency has its official headquarters in Collier County, Florida. At all times Vergo and Curry were employees of the CCAA. Plaintiffs reserve the right to amend to assert additional claims and/or defendants as appropriate. In particular, Plaintiffs anticipate that it may be necessary to allege claims against, The Collier County Board of Commissioners (the Commissioners "), as a political subdivision of the State of Florida and the governing body of the Collier County Airport Authority, in the event that Vergo's and Curry's actions as alleged here occurred with the authority of the CCAA and/or the Commissioners or Curry and/or Vergo are found to have acted within their authority as employees of the CCAA. The actions complained of occurred in Collier County, Florida. Venue is proper in Collier County, Florida. FLETCHER AND FFS HAVE EXTENSIVE EXPERIENCE AND PROVIDE VALUABLE SERVICES TO THE CITIZENS OF COLLIER and HENDRY C_O_UNTIES AND ELSEWHERE AND ARE AN IMPORTANT REVENUE SOURCE AT IMM Fletcher is a licensed commercial pilot and the founder and President of FFS. Fletcher is an experienced pilot, first licensed in 1972, certified to operate a variety of aircraft and who has over 30,000 hours of flight time in all aircraft as the pilot in command. 2 Packet Page -278- 4/23/2013 101. 11. Fletcher has extensive experience and expertise in aerial crop dusting and spraying throughout the United States as well aerial fire fighting operations for the Bureau of Land Management, U.S. Fish and Wildlife Service, Bureau of Indian Affairs, U.S. Forest Service, as well as for various states. 12. On information and belief, FFS is the only provider of aerial agricultural spraying and fire services in Collier County. 13. Additionally, Fletcher is a Chamber Member of the National Agricultural Aviation Association; the Federal Government Contractors Group; and a member of the Gulf Citrus Growers Association. 14. Fletcher and FFS have conducted valuable and necessary aerial spraying, commonly known as crop dusting, to the citizens and businesses of Collier, Hendry and numerous other Counties for over 30 years. As recognized by the Collier County Board of Commissioners in the Executive Summary, Agenda Item No. 16133, March 9, 2010, "aerial ... applications," such as those provided by FFS and Fletcher are an "essential community service." 15. By way of example, Philip A. Stansly, Professor of Entomology at the University of Florida, Institute of Food and Agricultural Sciences, recognized Fletcher and FFS for playing a "key role ... in the welfare and continued economic viability of the agricultural community in southwest Florida." See Exhibit "A." Professor Stansly specifically identified and recognized Fletcher's "diligence and technical expertise" as an important factor in the success of the "cooperative area wide spraying program," which since 2008 has, according to Professor Stansly, obtained "almost 100% coverage of citrus acreage in 3 Packet Page -279- 4/23/2013 1 0. F. the area, reduced vector [dangerous insect] population to low levels and served as a model for the rest of the state." Exhibit "A." 16. Since approximately 1980, Fletcher and FFS have conducted operations at IMM. As noted, these operations benefit not just only the residents and businesses of Collier County, but those of southwest Gulf region as well. 17. In fact, even Vergo, by letter dated February 17, 2011, recognized and thanked Fletcher for his "interest in maintaining a safe operating environment [within his hangar /storage space at IMM]." Exhibit `B." Vergo made those comments in a letter advising Fletcher that after an inspection of his facility, IMM staff found: "No safety or non - compliance issues within your leased t- hangar storage unite during the scheduled safety and compliance inspections." 18. As such the public interest is served and will continue to be served if Fletcher and FFS are permitted to continue to operate at IMM without unreasonable interference and harassment. FLETCHER AND FFS ARE TREATED AS SECOND CLASS CITIZENS AT IMM DESPITE THE VALUABLE SERVICES AND REVENUE THEY PROVIDE 19. FFS rents (or previously rented): (i) a bulk hangar at the rate of $1558.05 per month; (ii) a storage unit for $169.96 per month; and (iii) and a staging area for $67.53 a month (including tax). Despite being a loyal and, as explained below, the largest single revenue producing business at IMM, IMM and the CCOA, through Vergo and Curry, have repeatedly refused to give FFS a long -term hangar lease, despite repeated requests to do so and even though many other aeronautical and other business are provided such long- term leases. 20. In fact, Fletcher has been refused and continues to be refused any lease. 4 Packet Page -280- 4/23/2013 101. 21. This is an important fact and an example of the ongoing disparate and harassing treatment that Plaintiffs have and continue to suffer from Defendants. Defendants have provided leases to other airport tenants while refusing to provide a lease to Plaintiffs. Such refusal his improper, without justification and has and continues to occur because of Defendants' unjustified harassment of Plaintiffs without regard to their proper duties. 22. This is only one of many examples whereby Curry and Vergo have singled out Fletcher and FFS for unfair, improper or disparate treatment; which treatment is ongoing. 23. Moreover, and importantly, FFS is one of the largest single sources of revenue at IMM. FFS is the largest single purchaser /user of jet fuel — "Jet A" (FFS's aircraft are turboprops, which mean they have a jet engine that drives the aircraft's propeller and thus use jet fuel as opposed to regular aviation fuel). 24. FFS bought approximately 86% of the Jet A in 20 1. 0 and close to 90% in 2011. 25. The March 2009 the Airport Master Plan Update for Immokalee Regional Airport addressed the historical aviation fuel and Jet -A fuel revenue /sales. As set forth in Section Four, as a result of FFS' crop dusting and regional firefighting services, fuel revenues increased dramatically. 26. Despite taking such a confrontational position, even Curry had to admit the tremendous revenue provided by FFS. In fact, Curry recognized in his November 16, 2011 letter that: "It is quite apparent that you are the primary user of Jet A fuel on Immokalee Regional Airport. Your business is responsible for approximately 86% of Jet A fuel purchased at the Airport in 2010." Ex. "C" Curry's letter includes a chart setting forth FFS fuel purchases for the years 2008 -2010. 5 Packet Page -281- 4/23/2013 10.F. 27. Notwithstanding the valuable services Fletcher and FFS have provided, not to mention the revenue they have generated for IMM and CCAA, Defendants have engaged in a systematic campaign of harassment seeking, ultimately, to force Fletcher and FFS out of IMM. 28. Because of the location of the agricultural businesses that require aerial spraying operations, it is not practicable for FFS operate far from IMM. Should FFS be forced to move because of the unjustified and improper actions of Defendants, the local agricultural community will suffer. CURRY AND VERGO UNDERTAKE AN UNJUSTIFIED CAMPAIGN OF HARASSMENT AGAINST FLETCHER AND FFS 29. As noted, FFS has operated at IMM since approximately 1980. From that time until late 2010, Fletcher and FFS on the one hand and IMM on the other enjoyed a positive and productive relationship. In fact, as explained more fully below, James Kenny, IMM's Airport Manager from approximately 2006 to 2010, has provided correspondence in support of Fletcher and FFS's operations. As Mr. Kenney makes clear, Fletcher and FFS have had authority to conduct certain operations at IMM for years, notwithstanding Curry and Vergo's unjustified claims to the contrary. See Exhibit "D." 30. Fletcher and FFS also had good relations with Ms. Penny Phillips, the Interim Airport Director. 31. Fletcher and FFS' cooperative and productive working relationship with IMM ended shortly after Curry was hired as the Executive Director of the CCAA on or about September 15, 2010. 32. Since September 15, 2010, as set forth here, Curry and Vergo have improperly harassed Plaintiffs, which actions have been primarily motived by malice or ill will. 6 Packet Page -282- 4/23/2013 10. F. 33. Examples of this harassment include Defendants singling out Plaintiffs for disparate treatment or enforcement. FLETCHER AND FFS ARE SUBJECTED TO UNFAIR AND EXCESSIVE FUEL FLOW CHARGES 34. Perhaps the first salvo of harassment after Curry was hired occurred when IMM and the CCAA imposed excessive and unreasonable fuel flow charges. A fuel flow charge is a fixed levy on fuel delivered. For example, a typical fuel flow charge might be two cents per gallon for each gallon of fuel delivered. 35. Because of the nature of its business FFS had to purchase a fuel truck at great expense. In late 2010, early 2011, IMM imposed an excessive fuel flow fee of 20 cents per gallon, which fee caused undue expense and hardship on FFS as the largest single user of fuel at IMM. 36. The 20 cents for gallon fuel flow fee was excessive and unreasonable, notwithstanding Curry's self - serving comments as set forth in correspondence with Fletcher. Most similarly situated airports either charge no fuel flow fee or a fee of one to five cents per gallon. Because Fletcher is the largest single user of fuel at IMM, Curry's imposition, threat to impose and actions surrounding such self - fueling charge, at such rates. constituted unnecessary and unreasonable harassment of Fletcher. 37. As part of his campaign of harassment, Curry threatened to and/or attempted to improperly (and against FAA regulations) prohibit Fletcher from self - fueling his aircraft. After Fletcher sought FAA intervention against Curry's improper and unjustified actions, Curry wrote to the Airport Program Manager for the FAA on December 17, 2010 in an attempt to justify his actions. Ex. "E ". By his letter, Curry claims that Fletcher was not prohibited from self-fueling (which was not true) but that a self- fueling permit was 7 Packet Page -283- 4/23/2013 10. F. required. This was merely Curry's attempt to cover -up his harassing actions. Prior the letter, Curry told Fletcher that Fletcher could not self -fuel his aircraft. 38. In his after -the fact attempt at finding support for his improper actions, Curry stated that there is no record of Fletcher having a self - fueling permit. However, and this is the important point, IMM had apparently never required such a permit for Fletcher or anyone else as Curry admits in his letter that he has "designed" a self fueling permit that he is now attaching as an appendix to the airport rules and regulations. Obviously, therefore, the airport had never before required a self - fueling permit — given the fact that Curry had to "design" the permit application. 39. This is an important point. Curry did not first create a self - fueling permit and advise all airport users and tenants that his newly created permit was necessary for self - fueling. Nor did Curry first advise Fletcher that at some reasonable point in the future self - fueling would only be allowed once a self -fuel if the permit was completed. Instead, Curry first denied Fletcher self - fueling privileges. Thereafter, to justify his actions, Curry claimed that, in part at least, the denial was based on the fact that there was no record of Fletcher having a self - fueling permit. However, at that time Curry denied Fletcher self - fueling privileges (based on Fletcher not having a completed a self - fueling permit/application) Curry had not even created a self - fueling permit! In other words, Curry sought to frustrate Fletcher's lawful activities first, and then, after the fact, tried to cover his tracks by relying on Fletcher's failure to have a self - fueling permit on record, when in fact no such permit process then existed. 40. In essence, here is what Curry was telling Fletcher: Well, Mr. Fletcher, we have never required a self - fueling permit before and I do not even have a form permit for you to fill out, but I 8 Packet Page -284- 4/23/2013 10.F. am going to deny any request you make effective immediately because there is no permit on record for you even though I will have to now make up a permit form. Of course, there would have been no way for you to fill out or make a permit prior to now because one did not exist, but because I want to make things as difficult and frustrating for you as possible, this is how I am going to handle, i.e., deny, your request. 41. This is but one more example of Curry first harassing Fletcher and FSS before checking to see if they were behaving properly or consistently with long- standing airport practice. 42. Whether Fletcher has been able to navigate the improper and harassing roadblocks put up by Curry and actually self -fuel his aircraft or preserver on otherwise is not the issue. The issue is that Curry's reliance on the then non - existing permit process, a process or permit which Curry had to create out of whole -cloth to justify his earlier improper statements to Fletcher, evidences Curry's improper actions and intent to harass Fletcher. CURRY IMPROPERLY REVOKES FFS'S DRIVING PRIVILEGES AT IMM 43. The next example of harassment came with respect to FFS's general vehicle operating privileges, which were unjustifiably revoked by Curry, without due regard for Fletcher and FFS's lawful rights. 44. Curry's actions in revoking FFS's driving privileges at IMM were unreasonable, vexatious and an abuse of his position and power as evidenced by the fact that the Board reinstated FFS's driving privileges shortly thereafter. 45. Curry's actions in improperly denying Fletcher's driving privileges caused monetary and other damages to Fletcher. 46. Furthermore, Curry revoked Fletcher's driving privileges without any notice, discussion or due process with regard to Fletcher. It would be interesting to see how many other times, prior to this incident that Curry or any other airport administrator unilaterally and 9 Packet Page -285- 4/23/2013 10. F. by mere fiat suspended someone's driving privileges. As with many of Curry's actions, he has attempted to rely on rules or regulations; however, it is Curry's motivation and his improper use of such rules that is the issue. Curry has simply gone out of his way to harass and try and make Fletcher's life and business difficult or impossible. 47. The incident that provoked Curry to improperly revoke FFS's driving privileges occurred on October 3, 2011. At that time, Fletcher was a passenger in a vehicle being driven by Tim Nance, a candidate for the Board. As part of his campaign to harass FFS and Fletcher, Curry seized on this incident to fabricate a violation where none existed and, ultimately, without any regard for Fletcher and FFS's due process or other rights, revoked FFS's driving privileges. 48. Importantly, Fletcher was not even driving the vehicle. Curry thus wrongly suspended Fletcher's driving privileges because he was a passenger in a vehicle allegedly driving too fast. 49. Curry tried to justify his actions by claiming that the vehicle (note, not Fletcher's vehicle) had been observed to be speeding in the past. This begs the question, do these "observers" have special skills or training to estimate vehicle speeds or are there unreleased or secret radar guns on the field that recorded the speeds? Of course not. These are merely after -the fact hollow justifications to try and explain the harassment campaign. 50. IMM is an uncontrolled general aviation airport. Thus, it does not have a control tower or ground control. In other words, vehicles on the airport do not have to request and receive permission to move about the airport. 10 Packet Page -286- 4/23/2013 10. F. 51. An email Vergo sent to Lt. Drew Lee on October 4, 2011 illustrates Vergo's improper motive and actions. Exhibit "F." Therein, Vergo explains that he wanted to "press full charges" against Fletcher and other occupants of the vehicle. This is an important point, Vergo's first reaction was to press charges against FFS and Fletcher; not to discuss the matter and hear Fletcher's side, as would be expected if the intent was to work amicably and productively. 52. Importantly, the officer who later stopped the vehicle is reported by Vergo as refusing to press charges because the officer[s] "did not witness any alleged offenses," "One of the individuals was a tenant of the Airport." And the officer[s] "did not know that [airport driving rules were] enforceable ...." Exhibit "F." 53. This letter points out that Vergo was unilaterally attempting to impose his extreme interpretation of the rules on FFS and Fletcher. This is because the officers did not feel that charges were appropriate because a tenant, Fletcher, was involved and the rules that Vergo were trying to discriminately enforce against Fletcher had not been used or interpreted in the manner Vergo was attempting to in the past. It is understood and believed that this was the first and only attempt to impose such an extreme interpretation of the rules. Apparently, the officers had much more sense and discretion than Vergo, as they did not take the action Vergo demanded. 54. Presumably because Vergo could not coerce the officers to charge Fletcher, Curry revoked FFS's driving privileges by letter dated October 19, 2011, without affording Fletcher or FFS any prior warning or opportunity to be heard. Exhibit "G." 11 Packet Page -287- 4/23/2013 10.F. 55. Shortly thereafter, at a meeting of the CCBC, at which Fletcher and others spoke on his behalf, on or about October 27, 2011, the CCBCC rescinded Curry's improper revocation of Fletcher's driving privileges. 56. During the period his driving privileges were revoked, Fletcher was forced to rent a plane at considerable expense as he was unable to access his aircraft at IMM. Vergo and Curry should be found responsible for such expense. 57. Nevertheless, and in the interest of cooperation and amicably resolving any disputes.. Fletcher advised his chemical suppliers, vendors and customers on how to properly access, enter and drive while at IMM. For example, see Ex "H," an October 26, 2011 letter from FFS to Helena Chemical Co. 58. That same day, Fletcher, again in the interest of cooperation and amicably resolving any disputes, wrote to Curry agreeing to work with Curry and IMM to ensure safe operations and requesting clarification and information to be able to so operate in the future. 59. On or about November 14, 2011, Tim Nance issued a press release completely refuting Curry's view of the event and, as noted, the Board reinstated FFS's driving privileges. 60. Nonetheless, in the spirit of cooperation and to try and defuse the situation, FFS and Fletcher took steps instruct suppliers and others who make deliveries or need to come to FFS's facilities at IMM on how to properly access, enter and drive while at IMM. 61. As a direct result of the improper revocation of Fletcher's driving privileges and the other improper and harassing and vexatious activities, Fletcher and FFS were forced to rent an aircraft at considerable expense and incur other expenses. 12 Packet Page -288- 4/23/2013 10. F. FLETCHER IS WRONGLY ACCUSED OF AN UNSAFE LANDING 62. The next salvo of harassment came by letter from Vergo on October 28, 2011. Exhibit "I." Therein, Vergo wrongly claimed that Fletcher improperly landed in the grass area before Runway 36 at IMM. 63. It was long - standing practice and procedure that airport users at IMM could and did land on the turf routinely, with the understanding that such activities were at their own risk. For example, past tenants such as High Soaring and Everglades Soaring, Inc. routinely operated on the turf areas. 64. Moreover, the grass /turf areas have long been used by SW Florida Flight Instructors. 65. Additionally, on November 09, 2011, Vernon Conly sent an email (Ex. "J ") to the CCC explaining that he personally had conducted grass operations at IMM in 1984 and had personal knowledge of others also conducting grass operations at IMM. 66. Thus, Vergo was wrong. Fletcher did not improperly land or operate on the grass area. 67. Curry and Vergo have attempted after the fact to rely on the CCAA Airport Rules and Regulations. However, presumably because their intent and goal was to harass and intimidate Fletcher, they did not bother to check to see if Fletcher had authority for such operations, before wrongly claiming that Fletcher acted improperly, which he did. 68. In the alternative, even if the rules had been properly changed and proper notice provided, Curry and Vergo used the newly changed rules as an opportunity to single out Plaintiffs for harassment motivated by ill will and malice and the desire to mistreat Plaintiffs and, ultimately, drive Plaintiffs away from operating at Collier County airports. 69. On information and belief, an FAA official even asked Vergo why Vergo did not tell Fletcher that he, Vergo, had issues with FSS's operation. Vergo told the FAA inspector 13 Packet Page -289- 4/23/2013 10.F. "that was not his job." Exactly, because Vergo's job was to harass Plaintiffs, not to spend his time properly administering the airport. 70. The proof is in their actions, did Curry and Vergo first ask Fletcher why he operated on the grass (especially given the fact that such activities had been ongoing for a long- time)? No. Of course not. Because if they had, they would have learned about the prior permission. 71. Notwithstanding this long - standing activity and permitted use, and, as set forth below, Fletcher's specific authority to conduct such activities, Vergo is understood to have wrongly initiated a complaint with the FAA against Fletcher for conducting turf takeoffs and landings. 72. In fact, Fletcher had long - standing permission to operate aircraft on the turf areas of IMM, which Vergo would have learned had he bothered to first contact Fletcher or James Kenney, the prior Airport Manager, before wrongly accusing Fletcher of improper or unsafe operations. 73. As Mr. Kenney explains in his November 1, 2011 letter, Fletcher and FFS had his express authority as the IMM Airport Manager to operate in the grass areas in question. See Exhibit "D." 74. Importantly, that authority had never been rescinded, either verbally or in writing, at any time prior to Vergo's October 28, 2011 letter. 75. Moreover, at no point was a NOTAM issued rescinding the right to conduct turf operations. This is an important point, because without a Notam being issued, no pilot, including Fletcher would have notice of the changes in operation. 14 Packet Page -290- 4/23/2013 105. 76. Defendants' actions in this regard evidence their desire to harass and single out Plaintiffs' for disparate and improper treatment and the use of rules to accomplish those ongoing goals. It was well known that Plaintiffs conducted such turf operations. Thus, instead of merely talking with Plaintiffs (or even issuing a Notam), Defendants, presumably, changed the rules without notice and then used that change to seize upon an opportunity to harass Plaintiffs. Defendants' desire to harass Plaintiffs is evidenced by the fact that virtually the only operators affected by the change are Plaintiffs. 77. Vergo also claimed or implied by his October 28, 2011 letter that Fletcher's landing was improper and dangerous given the location of vehicles and personnel that were conducting an airport inspection at the time. 78. In fact, there were no NOTAM's (Notices to Airmen) posted at that time for IMM to alert pilots that persons and equipment would be operating in the area in question. Therefore, in fact, those operations were improper. 79. In other words, Vergo wrongly accused Fletcher of landing near personnel and equipment, even though Vergo or those under his and Curry's watch had failed to file the necessary NOTAM to alert pilots like Fletcher that such activity was ongoing. 80. Furthermore, Vergo and/or Curry could have closed the runway or issued appropriate notices, which they did not do. 81. In fact, this is not the only example of Defendants failing to follow rules and regulations themselves, as evidence by the failure to issue Notams for fireworks or other events. 82. In any event, Fletcher using his vast and extensive experience as pilot in command, evaluated the situation, and took all appropriate and safe action. 15 Packet Page -291- 4/23/2013 10. F. 83. Vergo additionally wrongly accused Fletcher of landing using a non - standard traffic pattern. IMM like other uncontrolled airports has a designated preferred traffic pattern, or method of approaching the field and landing. As with the unfounded claim that Fletcher wrongly landed on the grass, Fletcher and FFS had long - standing permission to operate in non - standard traffic patterns. See Exhibit "D" James Kenney's November 1, 2011 letter. 84. Simply put, Fletcher was operating under authority and properly. 85. Curry and /or Vergo have repeatedly and publicly claimed that Fletcher acted improperly. Such public statements and comments were false and primarily motivated by spite, ill will and malice. 86. Moreover, Curry and/or Vergo have repeatedly made false claims to the FAA. Curry has gone so far as to personally contact various FAA officials to pester them to find that FSS and Fletcher have committed violations, even though the FAA has repeatedly found that such claims were without merit. The continual and repeated pestering and insistence that the FAA find Fletcher and/or FSS in violation, in the face of the FAA's decision to take no action constitutes unjustified harassment, has caused damage to Fletcher and FFS' reputation and business and evidences Defendants' ongoing and continuing harassment of Plaintiffs. 87. The FAA has issued a written finding to plaintiffs finding that no violations (has alleged wrongly and repeatedly by Defendants) and no action would be taken against Plaintiffs. Notwithstanding such findings, Defendants continue to make false claims and seek FAA action against Plaintiffs. 16 Packet Page -292- 4/23/2013 10.F. 88. On information and belief, Defendants' unjustified and improper harrasment of Plaintiffs is ongoing and, as such, constitutes ongoing harm and risk of further harm and damages to Plaintiffs. FLETCHER REFUTED EACH OF VERGO'S CLAIMS 89. Vergo's unjustified harassment of Fletcher and FFS is further supported by his Vergo's failure to reasonably review and verify the true facts and history before leaping to wrongly accuse Fletcher and FFS of unsafe or improper operations. 90. As with the actions described here, Vergo never bothered to first speak with Fletcher or otherwise try and resolve any concerns. Instead, Vergo seized on the opportunity to use his position to harass Fletcher and FFS improperly and unfairly. 91. Each of Vergo's unfounded claims in his October 28, 2011 letter were exposed and refuted by Terry L. Carbonell, Esq. in her November 3, 2011 letter to Vergo. Exhibit "K." Vergo and Curry apparently realized their error in wrongly accusing Fletcher because, to date, they have not bothered to respond to Carbonell's letter. 92. Nonetheless, neither Vergo nor Curry have apologized to Fletcher, retracted their statements or taken any effort to correct the harm they have improperly caused or indicated that their campaign of harassment will stop. CURRY HAS REPEATED AND IMPROPERLY DISPARAGED FLETCHER AND FFS IN THE MEDIA 93. In addition to the above letters and complaints against Fletcher, Curry has improperly used his position to repeatedly attack and harass Fletcher and FFS in the media. 94. For example, Curry has given interviews and otherwise. sought to wrongly defame and harm Fletcher and FFS and their business relationships by, among other things, claiming 17 Packet Page -293- 4/23/2013 10. F. or implying that FFS aircraft have been left unattended causing an unsafe condition and in violation of FAA rules. 95. In fact, the aircraft in question were left with their brakes locked on, and the propeller feathered, or in other words, with the engine not in gear so to speak, such that the propeller is turning at slow speed and producing no thrust. Simply put, the propeller was not turning with force and thus not a danger to anyone. 96. Importantly, Curry was wrong and defamed Fletcher and placed Fletcher in an unfavorable public light when Curry claimed that Fletcher was causing an unsafe condition and operating in violation of FAA rules. Merely exiting the type of aircraft in question while fueling occurs, is not unsafe and does not violate FAA rules. Thus, Curry's statement was untrue, defamatory, and motivated primarily by malice and ill will. 97. Importantly, Fletcher had periodically operated in this manner for years without complaint or objection by airport staff; that is until Defendants began their campaign of harassment. If such activities were dangerous, which thy are not, why did previous airport personnel observe and permit such actions for years without comment or complaint? The answer is simple, those personnel knew that the activity was safe and permissible and were not motivated by malice and ill will such as Curry and Vergo. 98. Most importantly, Fletcher is not aware of any FAA rule or regulation prohibiting such activities. 99. Notwithstanding these facts, Curry has made unjustified and unsupported complaints with FAA against Fletcher. It is understood that the FAA closed the file on these complaints without finding a violation — further evidencing that Curry's claims were baseless. 18 Packet Page -294- 4/23/2013 10. F. 100. Defendants' continued misstatements and disparagement of Fletcher and FSS in the media and to the FAA and others evidences their bad faith and the ongoing nature of the harm and the likelihood of continued harm to Plainitffs. VERGO WASTES AIRPORT RESOURCES VIDEOTAPING AND IMPROPERLY SURVIEILLING FLETCHER 101. Vergo has spent considerable time conducting surveillance of Fletcher and FSS's activities and/or videotaping as part of the campaign of harassment. 102. Such activity is unnecessary, improper and a waste of County resources as they take away from his proper duties. 103. Any such video or audio recording of Fletcher, FSS's employees, vendors, customers or others, was done without their permission or authority. 104. Moreover, it is understood that such activity is not permitted and by doing so, Vergo was neglecting his proper duties. 105. Defendants have refused to denounce their previous actions and continue to act with malice and ill will towards Plaintiffs and otherwise given no indication that such harassment will end and not continue. In fact. as set forth below, Defendants have continued to harass and harm Plaintiffs by refusing to grant Plaintiffs a lease on the same or similar terms of other airport tenants an by continuing to make false claims (and pursue false claims) with the FAA. 106. Despite FAA officials repeatedly explaining that Plaintiffs' actions were not in violation of FAA rules and regulations and/or that the FAA was not taking any further action. Such actions. and failure to act, are tantamount to Defendants instructing both the Court and plaintiffs that they intend to continue and/or resume such activities once given leave 19 Packet Page -295- 4/23/2013 10. F. to do so. Thus, the threat of harassment by Defendants cannot be characterized as speculative, nor plaintiffs' concern unfounded, imagined or chimerical. 107. Defendants' continued pestering of the FAA and complaints, all in the face of the FAA's decisions to take no action against Plaintiffs and /or to find that no rules or regulations have been broken, is tantamount to a prosecutor brining charges he knows will never lead to a conviction merely to harass and, as such, is evidence of Defendants' bad faith and ongoing actions and harm to Plaintiffs. 108. Plaintiffs risk an imminent threat of continued harassment for conduct in which they plan to engage. 109. Simply put, Defendants bad faith harassment of Plaintiffs has been with the intent to cause Plaintiffs to cease operations at the County's airports and such harassment will not stop until and unless they succeed in forcing Fletcher and FFS from operating at Collier County's airports. 110. Plaintiffs have retained undersigned counsel and agreed to pay its attorneys' fees and costs. 111. All conditions precedent to bringing this action have been performed or waived. COUNT I — PERMANENT INJUNCTION 112. Plaintiffs reallege paragraphs 1 through 111. 113. This is an action by Plaintiffs against Defendants, and each of them, for the imposition of a preventive, prohibitive, prohibitory, or negative permanent injunction to restrain the improper, discrimination and harassment of Plaintiffs and/or restraining Defendants from 20 Packet Page -296- 4/23/2013 10. F. further harassing, threatening, retaliating, intimidating or preventing Plaintiffs lawful and rightful operations and business. 114. Such an injunction is necessary and appropriate and this Court has authority to restrain Curry and Vergo from harassing, abusing, injuring, or otherwise violating the lawful rights of Plaintiffs by engaging in the campaign of harassment exemplified above, which actions were taken by Curry and Vergo under the color of office and which are unauthorized by law and are motivated primarily by spite, malice, or ill will. 115. Plaintiffs have been subjected to harassment as exemplified above by, among other things, the overzealous, improper or bad faith use of Curry and Vergo's powers and by allegedly applicable and valid rules and regulations. As such, Plaintiffs are entitled to the protection of injunctive relief to restrain Curry and Vergo from taking any further action against Plaintiffs unless and until this Court or other governing institution adjudicates the lawfulness and appropriateness of Plaintiffs' actions. 116. Defendants' actions have been deliberate, reckless or without reasonable review, investigation or regard for Fletcher's and FFS's lawful rights and constitute harassment by the overzealous, improper or bad faith use of their public position and powers such that Plaintiffs are entitled to and should be afforded the protection of injunctive relief. 117. Defendants have and continue to harass, abuse, injure, or otherwise violate the lawful rights of Fletcher and FFS by engaging in actions under the color of office that are unauthorized by law and motivated primarily by spite, malice, or ill will. 118. As such, in equity and good conscience the Plaintiffs should be protected against further harassment. 21 Packet Page -297- 4/23/2013 10. F. 1 l 9. As a result of the actions of Defendants has set forth here, Plaintiffs have and will face the likelihood of irreparable harm. 120. Because Vergo and Curry have repeatedly and improperly sought to impede Plaintiffs' lawful rights without proper justification or due process, Plaintiffs face the likelihood of irreparable harm. For example, as set forth above, Curry and/or Vergo have: (A) rescinded Fletcher's driving privileges without notice or opportunity to be heard; (B) required non - existent permits to be on record: (3) unlawfully and improperly and derogation of their assigned duties conducted surveillance and audio and videotaping surveillance of Plaintiffs; and (4) failed to verify the accuracy of their allegations and complaints – to wit — filing complaint for aircraft operations that had been authorized. By filing a complaint with the FAA, which was unjustified and improper given the prior authorizations for such actions that Fletcher was granted, Curry and /or Vergo have irreparably harmed Fletcher's reputation and record. 121. These and other actions demonstrate that Curry and Vergo have and will absent injunctive relief restraining their improper actions, continue to harass and deny Plaintiffs' their lawful and legal rights. 122. The unlawful and improper harassment of Plaintiffs is not protected nor authorized and by denying Plaintiffs their lawful and proper rights, such as rights to due process, is harm that will be irreparable. 123. Because Vergo and Curry's campaign of harassment has taken multiple forms and Plaintiffs cannot predict what form such harassment will take in the future, Plaintiffs lack an adequate remedy at law. 22 Packet Page -298- 4/23/2013 10. F. 124. Defendants' actions have caused, are causing, and will continue to cause irreparable harm to Fletcher and the lawful business of FSS. 125. Defendants' actions were done with the unlawful intent to annoy, harass and intimidate Fletcher and other employees of FFS, and were done without any lawful purpose or authorization. 126. In light of Defendants' past and current actions, there are reasonable grounds to believe that Defendants will continue to, among other things, make false claims to the FAA and others, refuse to provide a lease and take other actions to unfairly and improperly harass and subject Fletcher and FFS to disparate and unlawful or improper actions with the same unlawful intent to annoy, harass and intimidate Fletcher and FFS without lawful purpose or authorization. 127. Plaintiffs have a substantial likelihood of success on the merits. 128. The threatened injury to Plaintiffs outweighs any possible harm to Defendants. 129. Granting of injunctive relief will not disserve the public interest. It is not in the public interest for public officials such as Curry and Vergo to harass members of the public motivated primarily by malice, spite or ill will. To the contrary, the public interest will be served and should be served by preventing and restraining the harassment of Fletcher and FFS. 130. Injunctive relief thus should issue against such official misconduct given the high likelihood of a repetition of the misconduct as demonstrated by Defendants' previous actions, refusal to repudiate such actions and their continuous and ongoing refusal to treat Plaintiffs equitably and fairly as demonstrated by the prosecution of false and unvalued and unwarranted complaints and the refusal to provide long -terns leases. 23 Packet Page -299- 4/23/2013 10. F. 131. Such actions -- continuing to report and seek FAA action and refusal to provide a lease are ongoing and demonstrate the likelihood of future harm and the need to proscribe such activities. WHEREFORE, it is respectfully requested that the Court grant a temporary injunction enjoining the defendants, individually and collectively, their members, agents, employees, and representatives and all others in active concert with them, from the above - described unlawful and/or improper acts and conduct and upon final hearing, issue a permanent injunction in like terms and effect as the temporary injunction; award plaintiffs costs of suit; and grant such other and further relief as the court deems proper. COUNT II — DECLARATORY RELIEF 132. Plaintiffs reallege paragraphs 1 through 111. 133. This is an action by Plaintiffs against Defendants, and each of them, for declaratory relief. 134. There is a bona fide, actual, present. practical need for a declaration of Plaintiffs' rights on the one hand and Defendants" improper and harassing actions on the other. 135. The declaration sought concerns a present, ascertained, or ascertainable state of facts or present controversy as to a state of facts. 136. An immunity, power, privilege; or right of the Plaintiffs is dependent on the facts or the law applicable to the facts. 137. Plaintiffs have, or reasonably may have, an actual, present, adverse, and antagonistic interest in the subject matter, either in fact or law. 138. The antagonistic and adverse interests are all before the court by proper; and 24 Packet Page -300- 4/23/2013 10. F. 139. The relief sought is not merely the giving of legal advice by the courts or the answer to questions propounded from curiosity. 140. As set forth above. Defendants have acted with malice and ill will and, in certain circumstances, attempted to rely on rules or regulations to harass and otherwise wrongfully inhibit Plaintiffs from operating legally and properly. As such, equity may and should act to proscribe such actions — namely Defendants" attempts and continuing actions to use otherwise valid rules and as deliberate harassment, through repetitious actions against Plaintiffs. WHEREFORE, it is respectfully requested that the Court issue a declaratory judgment setting forth the relative rights of the parties and /or that Defendants' have committed and continue to commit the acts and torts alleged here; award plaintiffs monetary damages as incidental and/or supplemental relief, award plaintiffs costs of suit; and grant such other and further relief as the court deems proper. COUNT III_ TORTIOUS INTERFERENCE 141. Plaintiffs reallege paragraphs 1 through 111. 142. This is an action by Plaintiffs against Defendants, and each of them, for Damages for tortious interference. 143. Plaintiffs had existing and/or prospective business relationships. 144. Defendants had knowledge of these relationships. 145. Defendants intentionally and without justification interfered with these relationships 146. Such interference was unnecessary and not incidental to Defendants' duties. 147. Plaintiffs have suffered damages as a proximate result of this interference. 25 Packet Page -301- 4/23/2013 10. F. 148. Defendants took these actions without authority and such actions sand were motivated primarily by ill will, spite and/or malice and ass such, Defendants are not entitled to sovereign immunity or other protection for such publicity. Wherefore, Plaintiffs respectfully request judgment in their favor for compensatory damages, prejudgment interest, costs of suit, and for such other and further relief as the court deems just and proper under the circumstances. COUNT IV- DEFAMATION 149. Plaintiffs reallege paragraphs 1 through 111. 150. This is an action by Plaintiffs against Defendants, and each of them, for Damages for defamation. 151. Defendants have made certain public claims against Plaintiffs such as: (A) that Plaintiffs acted unsafely and improperly in conducting grass operations; (B) refueling aircraft and; (C) operating non - standard traffic practices. 152. These statements were made to media and others. 153. These statements were and are false or were made with the intent to harm Plaintiffs. 154. Defendants made the public statements with knowledge of their falsity and /or a reckless disregard as to the falsity. 155. Such statements were unnecessary and not incidental to Defendants' duties. 156. Plaintiffs have suffered damages as a proximate result of these statements 157. Defendants took these actions without authority and such actions sand were motivated primarily by ill will, spite and /or malice and ass such, Defendants are not entitled to sovereign immunity or other protection for such publicity. Wherefore, Plaintiffs respectfully request judgment in their favor for 26 Packet Page -302- 4/23/2013 10.F. compensatory damages, prejudgment interest, costs of suit, and for such other and further relief as the court deems just and proper under the circumstances. COUNT V - CIVIL CONSPIRACY 158. Plaintiffs reallege paragraphs 1 through 111. 159. This is an action by Plaintiffs against Defendants, and each of them, for Damages for civil conspiracy. 160. A conspiracy existed between the Defendants. 161. To do an unlawful act or to do a lawful act by unlawful means. 162. Plaintiffs or one of them preformed an overt act in pursuance of the conspiracy. 163. Plaintiffs have suffered damages as a proximate result of the acts performed pursuant to the conspiracy. 164. Such statements were unnecessary and not incidental to Defendants' duties 165. Defendants took these actions without authority and such actions sand were motivated primarily by ill will, spite and/or malice and ass such, Defendants are not entitled to sovereign immunity or other protection for such acts. Wherefore, Plaintiffs respectfully request judgment in their favor for compensatory damages, prejudgment interest, costs of suit, and for such other and further relief as the court deems just and proper under the circumstances. COUNT V- TORTIOUS CONSPIRACY 166. Plaintiffs reallege paragraphs I through 111. 167. This is an action by Plaintiffs against Defendants, and each. of them, for Damages for civil conspiracy. 168. A conspiracy existed between the Defendants. 27 Packet Page -303- 4/23/2013 10. F. 169. To do an unlawful act or to do a lawful act by unlawful means. 170. Plaintiffs or one of them preformed an overt act in pursuance of the conspiracy. 171. Defendants, by acting in this conspiracy, possessed and utilized a peculiar power of coercion possessed by virtue of their combination. which either or another individual acting alone would not possess. 172. An example of Defendants' tortious conspiracy and peculiar power of coercion is their concerted actions as set forth above that sought to deprive Plaintiffs of their rights to operate at Collier County airports and thus drive them out of business. 173. Plaintiffs have suffered damages as a proximate result of the acts performed pursuant to the conspiracy. 174. Such statements were unnecessary and not incidental to Defendants' duties. 175. Defendants took these actions without authority and such actions sand were motivated primarily by ill will, spite and/or malice and ass such, Defendants are not entitled to sovereign immunity or other protection for such acts. Wherefore, Plaintiffs respectfully request judgment in their favor for compensatory damages, prejudgment interest, costs of suit, and for such other and further relief as the court deems just and proper under the circumstances. 28 Packet Page -304- 4/23/2013 10. F. CERTIFICATE OF SERVICE I certify that a copy of the foregoing was E- mailed pursuant to Rule 2.516 to Collier County Attorney, Jeffrey A. Klatzkow, Jason Goldstein, Esq. and Richard L. Richards, Esq., Richards and Associates, on March 22, 2013. The Law Offices of Kelly Reagan, P.A. 2255 Glades Road, Suite 324A Boca Raton, Florida 33431 (561) 988 -2629 Telephone (561) 997 -9392 Facsimile e -mail: kiriu,reaga»lawoffices conk Attorneys for Plaintiffs xAl � Kelly L. Pp6agan Florida Bar No. 142506 29 Packet Page -305- 4/23/2013 10.F. EXHIBIT A Packet Page -306- 1W FLORIDA ►TAS Southwest Florida Research and .Education Center Philip A. Stansly 239 -658 -342?, 239 -658 -3469 Fax pstanslv(±ncfl.edu To Whom It May Concern, 4/23/2013 10. F. 2686 State Road 29 North 1munokalee, FL 34142 -951-5 htt4v://svvfrec.ifa.9.ufl.edu As entomologist at this Center 1 am addressing myself to the Collier County Commission and other interested parties concerning the key role played by the lrrimokalee Airport and specifically Fletcher Flying Service in the welfare and continued economic viability of the agricultural community in southwest Florida. The citrus industry in particular has been in crisis mode since 2005, the year that citrus greening disease or "huanglongbing" (HLB) was first detected in the state. HLB is a devastating disease transmitted by a sucking insect, the Asian citrus psyllid (ACP). Diaphorina cirri known in o.-dy since 1998. Just as with Malaria or many other insect- vectored diseases, the best, and in many cases only effective management strategy is vector control. In the case of ACP, timing and coverage are key control factors. Sprays put out too early or too late may not have the desired effect. Application over too small an area invites reinvasion from adjacent untreated blocks. Aerial application is.rapid and effective, especially during the pivotal "dormant" (winter) season, and thus an indispensable tool in the struggle against HLB. Since 2008 citrus growers in southwest "Gulf " region have banned together in a program of cooperative area wide applications timed for optimal effect. The program has obtained almost 100% coverage of citrus acreage in the area, reduced the vector population to Iow levels and served as a model for the rest of the state. Over 30 such "citrus health management areas" CBMAs and vector populations have plummeted. Much of this success is due to Mr. Fletcher's diligence and technical expertise. The citrus growers in our area recognize his contribution and owe him a huge debt of gratitude. I urge the Collier County Commission and other interested parties to support Fletcher Flying Service and do everything possible to maintain a good relationship between this critical local business and the Immokaiee Airport This would be a win win for everyone concerned. Best Re s, J— Philip A. Stansly Professor of Entomology The Foundation for The Gatm- Nation M Ejual Opportunity (nytitutian Packet Page -307- 4/23/2013 10. F. EXHIBIT B Packet Page -308- ��1 0"% 4/23/2013 105. y COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 v (239) 642 -7878 Fax (239) 394 -3515 wivw.collieraviation.com February 17, 2011 Steve Fletcher I.?MlM T -Hangar Storage Unit 1000 G Road Labelle, FL 33936 Mr. Fletcher, The Management Staff at the Immokalee Regional Airport conducted storage unit compliance inspections on Thursday, February 10, 2011. During these inspections, Airport Staff inspected the general condition of t- hangar storage units, checked the overhead lighting for operation, checked the condition of the roll -up doors, and looked for apparent safety hazards. No safety or non - compliance issues were found within your leased t- hangar storage unit during the scheduled safety and compliance inspections. The next compliance and safety inspection of your t- hangar storage unit is scheduled to be conducted February 2012. You will be notified by mail prior to this next inspection. The Management Staff of the Immokalee Regional Airport would like to thank you for your interest in maintaining a safe operating environment within your t -hangar storage unit at the Immokalee Regional Airport. If you have any questions or concerns about your inspection or any other items in the future, please feel free to contact the Airport at 239 -657 -9003. Sincerely, A Thomas Vergo Airport Manager Immokalee Regional Airport cc: Chris Curry, Executive Director Marco Island Executive Airport Immokalee Regional Airport Everglades Park 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road Maples, Fl 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax Packet Page -309- 4/23/2013 10. F. EXHIBIT C Packet Page -310- 4/23/2013 10. F. „Attachment U MAN �O „ COLLIER COUNTYAIRPORTAUTNORITY ,y 2005 Mainsail Drive Ste. 1 *A o IT Fax (239) 394 -3515 Www.colli Maples, FL 34114 -8955 -9 (239) 642 -7878 v nravisvan cvm November 16, 2011 Mr. Stephen Fletcher Fletcher Flying Service 1000 G Road LaBelle, Florida 33935 Mr. Fletcher I am writing this letter to advise you of the decision that has been made in regards to decreasing your Jet A fuel cost at Immokalee Regional Airport. At the Airport Advisory Meeting held on August 13, 2010, the board voted by majority to approve a temporary cost for you to purchase fuel at $0.25 over cost per gallon of Jet A fuel, Be advised that the Airport Advisory Board decision was a recommendation only and after careful review 1 have determined that cost is not one that is acceptable for our financial viability. The administrative code of the Airport Authority delegate the overall responsibility of setting fuel cost with the Executive Director. When I arrived at the Airport on September 13, 2010, the Airport Advisory Board asked me to take a look at our fuel pricing program. My initial approach was to look at the Immokalee Regional Airport and the prices associated with the purchase of Jet A fuel. Over the past few weeks, I have researched historical data to determine how much fuel has been sold, look at how fuel prices could be reduced to increase volume and to also meet the budget that was approved by the Airport Authority for fiscal year 2011. Second, I wanted to determine the amount of overhead cost per gallon that was invested by the airport. This calculation was based on maintenance, Insurance, credit card fees, supplies, training, labor, administrative costs etc..... The amount for overhead cost was determined to be approximately $0.30 per gallon, therefore, this amount should be considered our break -even point which would make the recommended amount of $0.25 per gallon urveasonable. The Airport mark -up cost for Jet A fuel in 2010 was $1.41 for transient users and $1A1 for you because you are a based tenant. It is quite apparent that you are the primary user of Jet A fuel on Immokaiee Regional Airport. Your business is responsible for approximately 869: of Jet A fuel purchased at the Airport in 2010. The chart below is an indication of how much fuel you have purchased over the past three fiscal years. MawtsrM Eseonw. ..non tJ en.ewwNapvukva. J ewguo,s }+°”` 2= WOW D'"Sfe SW4% FL 3.1'4 -W-5 .+a+�m1a.R:i.c2 550 F. .NMMFStla 1234!3355 F771B37-0�D E.r�ga0t �7c F'i Mi3'i r,-Al b.t1 5d2? Fu. rL7i;�TS� ti� (23Bf�677:e t?39 ?8x6,1569: n•. Packet Page -311- 4/23/2013 10. F. 2010 Transient 5.84300 8,261,76 1.41 Fletcher 47,885.00 48,217.76 56,479.54 1.01 *Over the past three years, you have purchased an average of 53, 376 gallons per year. After careful consideration, I am willing to implement a program that would decrease your Jet A fuel cost based on the amount of fuel purchased. The first 20,000 gallons of fuel purchased would be at $0.65 per gallon mark -up, second 20,000 would be at $0.60 per gallon and last 20,000 would be at $0SS per gallon mark -up per fiscal year. This system would initially reduce your mark -up cost from currently $1.01 to a median price of $0.60; a forty percent reduction. I have accepted the Airport Advisory Board recommendation to make this cost retroactive to October 1, 2010. Based on the amount of Jet A fuel purchased since that time, you will receive a credit of $145.25. The other option that you suggested was to install your own fuel farm on the Airport. Installation of a fully compliant private self - fueling facility would cost between $50,000 and $100,000. This altemative is one acceptable to the Airport Authority as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regulatory agencies and is annually inspected to maintain those standards. Under this arrangement the Airport would charge a fuel flowage fee. t have not had a chance to determine an appropriate fuel flowage fee under this scenario, however, by comparison Naples Municipal Airport has a private self fueling program with an initiation fee of $1,000 and $0.30 per gallon fuel flowage fee. Thanks for your patience in this matter, and if you have any further questions please let me know. Sincerely Chris Curry, Executive Director Packet Page -312- Total MN per Year Volume Gross Profit Gross Profit Galion 2008 Transient 27,103.00 28,151.46 1.04 Fletcher 39,321.00 25,031.09 53,182.55 0.64 2009 Transient 17,815.00 27,578.44 1.55 Fletcher 72,922.00 68.913.921 96,492.36 0.95 2010 Transient 5.84300 8,261,76 1.41 Fletcher 47,885.00 48,217.76 56,479.54 1.01 *Over the past three years, you have purchased an average of 53, 376 gallons per year. After careful consideration, I am willing to implement a program that would decrease your Jet A fuel cost based on the amount of fuel purchased. The first 20,000 gallons of fuel purchased would be at $0.65 per gallon mark -up, second 20,000 would be at $0.60 per gallon and last 20,000 would be at $0SS per gallon mark -up per fiscal year. This system would initially reduce your mark -up cost from currently $1.01 to a median price of $0.60; a forty percent reduction. I have accepted the Airport Advisory Board recommendation to make this cost retroactive to October 1, 2010. Based on the amount of Jet A fuel purchased since that time, you will receive a credit of $145.25. The other option that you suggested was to install your own fuel farm on the Airport. Installation of a fully compliant private self - fueling facility would cost between $50,000 and $100,000. This altemative is one acceptable to the Airport Authority as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regulatory agencies and is annually inspected to maintain those standards. Under this arrangement the Airport would charge a fuel flowage fee. t have not had a chance to determine an appropriate fuel flowage fee under this scenario, however, by comparison Naples Municipal Airport has a private self fueling program with an initiation fee of $1,000 and $0.30 per gallon fuel flowage fee. Thanks for your patience in this matter, and if you have any further questions please let me know. Sincerely Chris Curry, Executive Director Packet Page -312- 4/23/2013 10. F. EXHIBIT D Packet Page -313- 4/23/2013 10. F. November 1, 2011 To Whom it May Concern: My Name is James Kenney and I was the Airport Manager at Immokalee Airport from August. 2006 to July, 201M Upon assuming the duties of Airport Manager at IMM In 2006,1 was briefed by the then acting Airport Manager, Mr. Bob Tweecle, who 1 believe is still employed by the Collier County Airport Authority, that as a result of Mr. Hetchers unique Crop Dusting and Aerial Firefighting operational requirements Mr Tweedie had given Fletcher Flying Service permission to use the grass runways located at Immokalee Airport over the several years he had acted as Airport Manager prior to my arrival in August, 2006. As a result of this information supplied to me by Mr. Tweedie, and determining that Mr. Fletchees operations utilizing the grass areas mentioned below did not adversely effect safe operations at the airport, I extended the same permissions to operate as those previously in place prior to my arrival. Those runways are located in the following locations: - on the south end of the airport in line with the extended centerline of Runway 36-18 - On the west side of the airport parallel to Runway 36 -18 Additionally, and consistent with Fletcher Flying Service Part 137 certificate, I Save Fletcher Flying Service permission to deviate from the standard traffic patterns at the Immokalee Airport. ) /J.oV g2o Ja Kenney - Former ar Immokalee Airport, 2006 -2010 Packet Page -314- 4/23/2013 10.F. EXHIBIT E Packet Page -315- t, J 0 v MOO* I' COLLIER COUNTYAIRPORTAUTHORITY = 2005 Mainsail Drive Ste. 1 Naples, FL 34114 -8955 December 17, 2010 Mr. William C. Garrison Airport Program Manager Southern Region, Airports Division 1701 Columbia Ave Atlanta, GA 30337 -2747 Dear Mr. Garrison, (239) 642 -7878 Fax (239) 394 -3515 4/23/2013 10. F. www.collieraviation.com I am in receipt of your letter of complaint sent tome on December 9, 2010. I have reviewed the allegations filed by Mr. Steve Fletcher, owner and operator of Fletcher Flying Service, based on his feeling that the Collier County Airport Authority has denied his right to self service fueling of his aircraft. In response to Mr. Fletcher's complaint, I am providing information that I feel does not support his allegations. As you are aware, I am the new executive director fbr the Collier County Airport Authority. I began work at the three airports owned and operated by Collier County on September 15 which also includes the overall management of the Irnmokalee Regional Airport. When I arrived at the airport, Mr. Fletcher was very unhappy with the fuel price structure at Immokalee Regional Airport. I immediately began wor.K on this issue because it was a high priority item assigned by the Airport Advisory Board, First, I have attached a copy of the Airport Rules and Regulations that apply to the authority to dispense aviation fuel (.Attachment A). Paragraph 4.03 states that "Only those individuals who have then been authorized by the Executive Director or his/her authorized representative, via current self - fueling permit, or those individuals who have a verified status of an approved vendor, may dispense fuel into any aircraft at any airport operated by the Authority." Second, I have attached a copy of the Airport Minimum Standards that apply to Aircraft Fuel Service ( Attachment B). The Minimum Standards states "No unauthorized Operator shall provide fuel on the airport. Any self fueling by Aircraft owners will be subject to non - commercial aviation fuel Towage usage fees, rules and regulations, National Fire Protection Association (NFPA), uniform Fire Code, applicable Federal, State, and Collier County Airport Authority requirements for each type of fuel dispensed." tAarCo island ExecAweAwpW J 200. Mansad Dwe Sin. l Naples. FL 341!48955 (239;394.3355 (239,642-5427 Fax hfl-1See R. X-4 AUpdr 1e5 A PWX 8auiavam IMM*818e, FL 34142 M39) C57-MM (2391657 -9191 Fax Packet Page -316- (� Eve0atles Aigsark P.O. FSox Beg 650 E.^,- AIMS* F-asc E wan, iades Cry. R 34139 (23916952778 (239) 695 -3558 Fax 4/23/2013 10.F Third, I have also attached a copy of a recent letter that was mailed to Mr. Fletcher on November 16, 2011 (Attachment Q. in his informal complaint letter, Mr. Fletcher stated that he had tried to negotiate fairer fuel prices with the Collier County Airport Authority. The purpose of my letter was to inform Mr. Fletcher that we decided to take action and reduce his fuel cost by as much as 40% from the previous year. We also agreed to implement the reduced price structure retroactive to October 1, 2010. In addition, the letter addressed the issue of Mr. Fletcher installing his own fuel tanks. The position stated by the Airport was "This alternative is one acceptable to the Airport Authority as long as the fuel farm meets all the requirements of the FAA, Airport Authority, fuel supplier and other regulatory agencies and is annually inspected to maintain those standards." Collier County Airport Rules and Regulations do not prohibit an individual's right to self -fuel. The regulation says that one must have a self - fueling permit. I have checked our files, and to date, I have been unable to locate any documentation to show that Mr. Fletcher either has a current self - fueling permit or has ever applied for one. To be quite honest, I have been unable to locate a self - fueling permit application. I have designed a self - fueling permit that I intend to add as an appendix within the Airport Rules and Regulations (_Attachment D). The proposed 2011 Airport rates and charges does incorporate an updated cost structure for self fueling flowage fees. As Executive Director of the Collier County Airport Authority, I assure you that if Mr. Fletcher meets the Airport Rules and Regulations, Minimum Standards, National Fire Protection Association (NFPA), Uniform Fire Code, applicable Federal, State, and Collier County Airport Authority self fueling permit requirements it is acceptable for him to self -fuel at the Immokalee Regional Airport. Sincerely, Chris Curry Executive Director Packet Page -317- 4/23/2013 10. F. EXHIBIT F Packet Page -318- 4/23/2013 101. From: VergoThomas j mailto :Thomasvergo @coiliergov.netj Sent: Tuesday, October 04, 201112:30 PM To: Drew Lee - 0575 Subject: Security Incident 10-3 -2011 ImpmUnce: Nigh Lt. Lee, Yesterday, a vehicle was seen by Operations Staff speeding (in excess of 45 NTH) on our Immokatee Airport airside taxiways (Taxiway Alpha and Bravo), running through hold short areas (stop lines painted on the ground), as well as accessing secure areas of the Airport that they were not authorized to be in. My Operations Staff (2 staff members) attempted to stop the vehicle but were unsuccessful. They did not know the vehicles intentions or occupants, therefore they called 911 and asked for officer respond. My operations staff followed the vehicle off airport property and eventually deputies st( the vehicle a short distance from the Airport property. My staff put me in touch with the officer who conducted the stop and I was told that one of my to is was inside the vehicle. I let the officer know that the Airport Authority wanted to press full charg against all occupants of the vehicle as they were violating numerous Airport Authority Rules that e enforceable through local county ordinance and Florida Statues. The officer failed to proceed witt any reporting or charges for the following reasons: 1) They did not witness the offenses 2) One of the individuals was a tenant of the Airport 3) They did not know that our rules are enforceable and did not know they could enforce the rules n the Airport I was promised a call back this morning; however I have not gotten one. I would like a report or report to be made on this case at the least. I am told that one has not been made, and it is NOT p for one to be made. Do you think that it would be prudent to meet sometime to discuss the security concerns and ours and regulations sometime so any questions the agency has for us can be addressed? I have enclosed/attached a copy of our rules and regulations. You will see that the airport is under Florida statues and local county ordinances. I appreciate your continued support for the Airport and look forward to working with you to eontir to provide a safe atmosphere for our residents and customers. Thomas Vergo Airport Manager Immokalee Regional Airport Collier County Airport Authority 239 -657 -9003 Office 239 - 465 -9983 Cell 239 -657 -9191 Fax Packet Page -319- 4/23/2013 10.F. EXHIBIT G Packet Page -320- 4/23/2013 10. F. Naples, FL 34114 -8955 COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 o� s (239) 642 -7878 Fax (239) 3943515 www.collier,aviation.com October 19, 2011 Mr. Stephen Fletcher Fletcher Flying Service 1000 G Road LaBelle, Florida 33935 Mr. Fletcher: The Collier County Airport Authority (CCAA) is required to operate the three Collier County Airports in accordance with Federal, State, and local Rules and Regulations. It is our goal to provide the public and Airport users with a safe operating environment. On Monday, October 3, 2011 at 1:20 p.m., Immokalee Airport Administrative and Operations Staff observed an unknown vehicle crossing Runway 36 to Taxiway Alpha. Operations staff pursued the vehicle with a marked Airport Authority Vehicle and made visual contact with the vehicle while it was turning around at the intersection of Taxiway Bravo and the closed Runway 4/22. When staff signaled the vehicle to stop with both visual cues and honking of the operations vehicle's horn, they were ignored and the vehicle crossed Runway 18/36 without stopping at the Runway Holding Position Markings and proceeded down Taxiway Alpha at a high rate of speed believed to be in excess of 45 miles per hour. At this point, staff contacted the Collier County Sheriff's Department for assistance and kept visual contact with the vehicle. After again crossing the threshold of Runway 36 without stopping, the vehicle exited the secure area of the Airport through Gate E. Staff kept visual contact with the vehicle through a series of u -turns and speed changes until a Collier County Sheriff's Department officer stopped the vehicle. Upon contact with the deputy, the Operations Staff members were notified that a gentleman by the name of Timothy Nance was driving the vehicle and you were in the back seat with other unknown passengers in the front passenger and other rear seat. As a tenant and user of the Immokalee Airport, you are responsible for the actions of all individuals that you escort or allow to access the secure airside areas of the Airport. This includes anyone you allow to have your tenant code. Neither you nor Mr. Nance had permission to be in the area of the Airport that you were seen operating in. In addition, you allowed a person under your escort to break CCAA Rules and Regulations, Lease Manual requirements and Minimum Standards. These infractions include adhering to the posted airside speed limit of 15 miles per hour, unauthorized and unapproved crossing of active runways and taxiways, and the refusal to stop and heed the instructions of an Airport Authority Employee. Marco Island Executive Airport Immokalee Regional Airport Everglades Park 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road Naples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9191 Fax 239.69S.3558 Fax Packet Page -321- 4/23/2013 10. F. Mr. Stephen Fletcher October 13, 2011 Page 2 This is just one of many incidents that have occurred over the past 12 calendar months in your presence or by one of your employees or contracted delivery vehicles. Two of the incidents were brought to your attention through letters mailed out in February and August of 2011. In addition to those incidents, others that staff observed that were not documented include failing to stop at Runway Holding Position Markings, leaving airside access gates open unattended, and the continued transport of chemicals and delivery vehicles on active taxiways and across runways. With the occurrence of this most recent incident, Airport Management has decided to revoke your company's general vehicle operating privileges on the Aircraft Movement Areas of the Airport which include, but are not limited to Taxiways, Runways, Parking Aprons, and Safety Areas, effectively immediately. No agents, employees, or guests of Fletcher Flying Service have the authorization to operate on or within the safety and paved areas of any aircraft movement area. You will be allowed to access your leased areas and the fuel farm through the following approved gates. Your Bulk Storage Hangar can be accessed directly thru Gate D and by driving on the paved vehicle roadway to your paved parking area. Access to the Airport's fuel farm will be provided through Gate C so you can fill your transport trailer. After filling your trailer, you will exit the fuel farm area through Gate C and re -enter the Airport at Gate A where you can access your staging area. All deliveries shall be directed to Gate A. The Management and Staff of the Immokalee Regional Airport strive to maintain a safe and friendly operating environment for all users of the airport, while adhering to the recommendations and mandates by the FAA. FAA Grant Assurance #19 states that "The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation ". Continued violations of Airport Rules and Regulations and Minimum Standards will most likely lead to the removal of Fletcher Flying Service's ability to operate at the Immokalee Regional Airport. If you have any questions or need further explanation, please feel free to contact me. Sincerely, CIA� `� Chris Curry Executive Director Collier County Airport Authority cc: Thomas Vergo, Airport Manager cc: Krystal Ritchey, FAA ORL -ADO Packet Page -322- 4/23/2013 10.F. EXHIBIT H Packet Page -323- 4/23/2013 10. F. Fletcher Flying Service, Inc. ---7 A a October 26, 2011 Helena Chemical Co 907 Alachua Stroot Immokalee, Florida 34142 Dear Chemical Company dispatcher: Your company has been providing chemical delivery services to me at the Immokalee Airport for many years and I know that your drivers have always tried to follow the rules and instructions provided to them for proper and safe deliveries. Over the past year, there have been some alleged incidents with delivery drivers that may have given rise to safety or security concerns. Accordingly, I am requiring that all chemical deliveries for Fletcher Flying Service, Inc. be through gate A, as directed by the Collier County Airport Authority. The trucks shall proceed directly to the staging area, make the delivery and depart through gate A. At NO TIME shall any vehicle cross the runway or enter on to the taxiways. In the event a driver needs to come to my office, he shall access my office from outside of the secure area through Gate D and proceed directly to the non -air side of the building and enter through the man door. Departure shall be through Gate E directly to the outside of the secure area. No trucks or personnel shall be allowed on the air side of the hangar. For your convenience, I have attached a diagram of the airport depicting the gates and passage areas. While at the airport, please have all drivers maintain the posted speed limit or, if there is no posted speed limit, maintain a maximum speed limit of 15 mps. Thank you for your cooperation In following these safety rules at the airport. You can contact me at 239.8602028. Sincerely, L4 &kIt- Stephen Fletchcr, President IELEPMONE: 863.675 -3302 • FAX: 563.675 -3725 • P.O. BOX 1272, LABELLE, FLORIDA 33975 Packet Page -324- 4/23/2013 10. F. EXHIBIT I Packet Page -325- 4/23/2013 10. F. S COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114 -8955 (239) 642 -7878 Fax (239) 394 -3515 www.colIieraviation cQm October 28, 2011 Mr. Stephen Fletcher Fletcher Flying Service 1000 G Road LaBelle, Florida 33935 Mr. Fletcher: The Collier County Airport Authority is required to operate the three Cotner County Airports in accordance with Federal, State, and Iaca1 Rules and Regulations. It is our goal to provide the public and Airport users with a safe operating environment. On Wednesday, October 26, 2011 at 2:55pm, N29510, an aircraft you own and were seen operating, was observed by the Florida Department of Transportation (FDOT) Airport Inspection and Safety Manager, Immokalee Airport Manager, and Collier County Airport Authority Executive Director landing in the grass area before the threshold of Runway 36. Both the Airport Manager and the FDOT Inspector were standing at the Runway 36 Threshold Lights conducting an Airfield Inspection when they looked up in time to see your aircraft touching down approximately 800 feet directly behind them. Although the weather conditions were clear and sunny, the Airport Manager was wearing an orange safety vest and carrying a hand -held radio to monitor the UNICOM frequency for arriving aircraft at the Airport. Further, the Executive Director was sitting in an FDOT radio- equipped, inspection/safety vehicle that was located at the painted Runway Holding Position Marking. This vehicle was outfitted with all the visual indicators required to operate in an Aircraft Operations Area, These safety measures are critical when personnel are working in close proximity of an active runway. Landing on an unapproved turf area constitutes a hazardous and unauthorized operation that had the potential to endanger the lives of all involved. The FDOT Airport Inspection and Safety Manager, and their Supervisor, the FDOT State Aviation Manager requested that as the operator of the Airport and in adherence with our grant assurances, the Airport Authority Management Staff contact the South Florida (Miramar) Flight Standards District Office (FSDO) to file a report of this safety - related incident. At their request, a report has been filed with the FSDO and a Federal Aviation Administration (FAA) investigator should be contacting you at some time in the future. The FAA investigation is independent of any action that the Airport Authority may take for non - compliance with Airport Authority Rules and Regulations. Marco Island Executive Airport Immokalee Regional Airport Everglades Park 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road Naples, FL 341148955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9791 Fax 239.695.3558 Fax Packet Page -326- 4/23/2013 10. F. Mr. Stephen Fletcher October 28, 2011 Page 2 Airport Management has not found any documentation that allows this type of operation to occur at the Airport. The Florida Airport Facility Directory and associated aviation publications, clearly state that "Takeoffs and landings on turf areas of the Airport are not authorized." Your actions that day violated the following sections of the Collier County Airport Authority Rules and Regulations: 5.01 General Rules: c. Negligent Operations Prohibited 1. No person shall operate aircraft at the Airport in a careless manner or in disregard of the right and safety of others. 5.02 Airport Operational Restriction: d. Takeoffs and Landings 1. Except for helicopters, which may operate from a helipad or other approved location; no person shall cause an aircraft to land or takeoff at the Airport, except on a runway. The Management and Staff of the Immokalee Regional Airport strive to maintain a safe and friendly operating environment for all users of the Airport, while adhering to the recommendations and mandates by the FAA and other governing agencies. I request that you provide my office with a written response to this letter by Friday, November 4, 2011. You and your company's presence on the Airport is valued and it is my intent to work with you as necessary to ensure you understand the Rules and Regulations of the Immokalee Airport and answer any questions.you may have. Respectfully, Thomas Vergo Airport Manager Collier County Airport Authority C: Chris Curry, CCAA Executive Director Scott Riddlin, South Florida (Miramar) FSDO FDOT State Aviation Office Packet Page -327- 4/23/2013 10. F. EXHIBIT J Packet Page -328- 4/23/2013 10. F. Immokalee airport From- VERNON CONLY (vconlyl @hotmail.com) Sent: Wed 11/09/118:25 AM To: georgiahiller @colliergov.net; tomhenriing @colliergov.net; fredcoyle @colliergov.net; jimcoletta @colliergov.net; donnafiala @colliergov.net Collier County Commissioners I would like to tell you a little about history of grass airport operations and the Immokalee airport and about my self. Myself I started going to Immokalee public schools starting in the 4 th grade, I graduated from Immokalee High School in 1988. In 1984 we placed a training airplane at the Immokalee airport and I trained from local instructors of which one of them was born and raised on the Roberts Ranch right there in Immokalee. Another was Mr. Joe Brown, he probably was a permanent fixture at the Immokalee airport after WW2. We used several areas of the grass and all 3 of the paved runways. At that time the AG pilots used the grass area just to the south of the beginning of the paved section of runway 36. Two of those AG pilots were Mr. Steve Fletcher and another pilot that still works with Mr, Fletcher. If you look at your own Property Appraisers web site and pull up pictures of the Immokalee Airport you can see where grass operations were conducted. They were conducted in several places. The first airplane in history (Wright Brothers) used a sand runway, after that grass fields were used, then improved grass runways were constructed and as we were ushered into the Jet age and heavier aircraft were built paved runways were constructed. All of the previous runway types are still used through out the United States and though out the World. I have personally landed on roads, cow pastures, tomato fields, gravel runways, small municipal airports and large International airports in several country's and all over the United States. All legal and legitament. It is my understanding that Mr. Vergo your Immokalee Airport manger told you at your last Commissioner meeting that he has never seen grass operations at Immokalee. He needs to get out of the office. I see that he has a pilot certificate albeit his last medical certificate was issued in 2007 so he either does not fly or is flying without the required certificate. It may be that most of the grass operations that were happening stopped when you had a mass of your customers leave the negative Immokalee airport environment and move to Labelle. At Labelle we have both the airport management and the Hendry County Board of Commissioners "voted" blessing of continued grass operations. If you allow the current course of Airport direction from your large Airport Staff to continue you will lose more customers. We like your customers here in Labelle. They spend money on Fuel, Aircraft maintenance, hangers, lunch at local restraints and use the local hardware store. All while paying an extra penny in sales tax. This is business that you have lost. I realize that you have 3 airports to manage. All 3 are as different as they can possibly be and require a different management style. You could start with management that has personal small business experience and has had the responsibility of signing the front of checks that he or she is personally responsible for the funds. If you want your airports to grow backwards keep the present course; we will take care of your customers in Labelle. http:// snl20w .sntl2O.mail.live.com/mail/P packet Page - 329 - `'Yids- 387a0ee- Oad6- 11el... 11 /10 /2011 4/23/2013 10T. If you want to fix the problem that your staff has created start listening to the people that provide the TAX money that you spend, and I don't mean the people that give you those grants that seem to grow on a tree. In fact if you cause Mr. Fletcher to go elsewhere who will fertilize that tree. It does not happen on its own. Thank You Vernon Conly Vernon Conly Vernon Conly Air Service 225 E Cowboy Way Labelle, Fl. 33935 239- 872 -9687 863 - 674 -0130 FAX www.vernair.net http:U snl20w .sntl2O.mail.live.cor- "Jmail/P packet Page -330- cPids-- 387a69ee- Oad6 -1 lel... 11/10/2011 4/23/2013 10.F. EXHIBIT K Packet Page -331- 4/23/2013 10. F. D Li Ii . TERRY L. CARBONELL ATTORNEY AT-LAW 21 530 PEARL. STREET AL.VA, FL 33920 PHoNE 239.6330077 FAX 863.674-0130 November 3, 2011 Thomas Vergo, Airport Manager Immokaiee Airport 165 Airpark Boulevard immokalee, FL 34142 Re: October 26, 2011 operations at Immokolee Airport Dear Mr, Vergo: Pursuant to your request, I am responding to your October 28, 2011 letter on behalf of Steve Fletcher, Fletcher Flying Service, On October 26, 2011 in the afternoon, Mr. Fletcher was returning to the Immokalee Airport In his Citabrta N2951 G. He was accompanied by Byron Meade, The aircraft was approaching from the north; the weather was clear and sunny and the wind favored runway 36. While on the left downwind to runway 36 another aircraft on a right downwind to runway 9 nearly collided with Mr, Fletcher's aircraft, forcing Mr, Fletcher to make an immediate deviation to the right to avoid a mid -air collision. This aircraft was flying a non- standard pattern on a runway that was not favored considering the wind direction that afternoon. Mr. Fletcher continued in the left downwind for runway 36, turning a proper base and final turn. As he was fined up on his final approach for runway 36, he.saw a vehicle at the old hold -short line on the taxiway on the west side of the approach end to runway 36. Unable to determine the intentions of the vehicle; and unable to locate the aircraft that was flying an erratic pattem, Mr. Fletcher elected to make the safest maneuver and land. on fhe turf runway section on the south side of the airport where he had landed thousands of times in the past. Mr. Fletcher touched down approximately 400' -500' north of the fence and proceeded to roll out to a stop approximately 600' -800' short of the asphalt runway. He proceeded to taxi, at a normal rate of speed, up to the east side of the pavement and exited on to the taxiway to his hangar. Mr. Fletcher approached the asphalt, observing two individuals and the vehicle that was parked at the location of the old hold -shod line on the west side of the runway.. At all times, the aircraft was at a safe distance from the personnel standing at the west runway Packet Page -332- 4/23/2013 10.F. Mr. Thomas Vergo November 3, 2011 Page 4 Conversely, Your actions in filing a violation notice against W. Fletcher go against the spin of cooperation directed by the BOCC (Airport Authority) and do not contribute to the feeling of Fletcher Flying Services being roa� aiued"tenant ective of the oNier County We will look forward to your BOCC in the near future. Respectfully submitted, f L r%'at4 TE,R L. CARBONELL, Esquire Attorney at Law Cc: Collier County BOCC Chris Curry, Executive Director Packet Page -333- tmw 21� 1 � a!( LAo rk* ,pr4CrRq . x. LAST N 40TiM F- AIKCRAF7 OP i E 1 1 15d 4 T �4truxA-r 4to _ 6CO, Packet Page -334- 4/23/2013 10. F. t N N OT TO St L9 cy a Z , 1✓ 1 �N S+ua7 Cow HCLO Sµca� � QN ro ml(6o �G RuAlw4y no exlr cuv to rAYr wAY 4 v v f}IRC�BGi CUµRr��D ROLL. Our. 2e'rAV -rm RAP$ Auo ComMBAK9t> 1 TA-.4 A PP2.oX r N'reLy ,r y CcCV4 - 8tx1 S DG P�aJti"1) } L%'b(�e f , i T �4truxA-r 4to _ 6CO, Packet Page -334- 4/23/2013 10. F. t N N OT TO St L9 cy a Z , 1✓ 1 �N 4/23/2013 10. F. November 1, 2011 To Whom it May Concern: My Game is James Kenney and I was the Airport Manager at Immokalee Airport from August, 2006 to July, 2010. Upon assuming the duties of Airport Manager at IMM in 2006, i was briefed by the then acting Airport Manager, Mr. Bob Tweedie, who I believe is still employed by the collier County Airport Authority, that as a result of Mr. Fletchers unique Crop Dusting and Aerial Firefighting operational requirements Mr Tweedie had given Fletcher Flying Service permission to use the grass runways located at ►mmokalee Airport over the several years he had acted as Airport Manager prior to my arrival in August, 2006. As a result of this information supplied to me by Mr. Tweedie, and determining that Mr. Fletchees operations utilizing the grass areas mentioned below did not adversely effect safe operations at the airport, l extended the same permissions to operate as those previously in place prior to my arrival. Those runways are located In the following locations: On the south end of the airport in tine with the extended centerline of Runway 36-18 On the west side of the airport parallel to Runway 36-18 Addltiomliy, and consistent with Fletcher Flying Service Part 137 certificate, I gave Fletcher Flying Service permission to deviate from the standard traffic patterns at the Immokalee Airport. FJa V c� Jame Kenney - Farmer a , Immokalee Airport, 2006-2010 Packet Page -335- 4/23/2013 10. F. Packet Page -336- Q i .•n Z. z Cr � 1 E-1, AIRCRAFT SPZCIF1CATI0NtS --ALL !1[ODELS _ j �GCW.. ' 7XCA$ MODEL 7 &CA ! 7GCA- A ; Package A, , Package C 7GCEC 115hp FFloat 2eoa Pack+►ge B Lycmorrnn ng Engine, Make, Model 0- 235 -CI � 0- 320 -A2S i 0- 320 -A.2B f 0-235-Cl 0- 320 -A2B ; I0- 326 -E2A i3p rpm 115.2800 Propeller (McCauley) 1C90CLM 150 -2740 F ]C172AGM 150 -2700 I ]C172AGM 1115 -2800 ]C90CLM 150 -2700 ! i5D -2700 IC172AGM ? Gross Weight, lbs. 1650 1650 1650 ! 1650 1800 Empty Weight, lbs.• 1484 I Load. lbs. 1107 543 1136 514 1063 587 1290 510 I 1128 522 Useful '616 Useful % of Gross Weight 137.3 32.9 81.2 135.6 28.3 31.6 Standard Fuel Capacity, gals. 26 39 39 39 39 i 39 Optional Fuel Capacity, gals. 39 6 8 8 OIi Capacity, qts- 6 Stall Speed, mph 5I 8 51 8 50 50 1 i 53 1 51 Stall Speed, Flaps mph 1 i Top Speed, mph 117 130 6 28 X116 112 130 Cruise Speed 0 75% hp, mph -Alt. 112 -7500 Mange 075% hp,, gala. - miles, -hrs, 39- 728 -6.5 125 -8000 39- 5374.3 125 -8000 39- 537 -4.3 112 -7500 39- 728 -6.5 103 -7500 i 89- 450 -4.3 j 125 -8000 39- 537 -4.3 Fuel Consumption @ 75% hp, gph 6 Rate of Climb, mph -fpm 73 -725 1 9 73 -1124 9 70 -1145 ; 8 75 -775 9 70-800 9 73 -1120 Service Ceiling, feet 12,000 17,000 J.. 12,000 16,000 ; 17.000 Take -off Run, Pt. (Seconds) 450 f 375 298 f 925 12 (See) 375 Take -off Over 50 A. Obstacle, ft. 800 630 525 860 ? 630 400 Landing Roil, ft. 400 Landing Dist, over 50 ft Obst., ft. 775 400 755 316 690 310 69u 755 Wing Area, sq. ft. 165 165 170.2 170.2 170.2 165 Wing Loading, lbs. per sq. ft. 10.0 10,0 9.7 9.69 10.6 10.0 Power Loading, lbs. per hp 14.3 11.0 100 11.0 100 14.3 100 12.0 ( 100 11.0 100 Baggage Capacity, lbs. 100 t -- NOTE: Performance is for gross weight at sea level unless noted. Avera9t With Standard Equipment. Packet Page -336-