Agenda 03/27/2012 Item #14A1Proposed Agenda Changes
Board of County Commissioners Meeting
March 27, 2012
Withdraw Item 11G: Recommendation to award RFP #11 -5785 Management of Pelican Bay
Tennis Center and authorize the Chairman to sign a contract with DBA /The Naples Tennis
Academy. (Staffs request due to receipt of written objection to award)
Withdraw Item 14A1: Recommendation to authorize the
County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods, LLC from its present location
at the Immokalee Regional Airport, and to pursue any holdover
rent, damages, and costs that may be due and owing to the
Airport Authority. (Staff's request due to receiving signed copy
of lease agreement)
Move Item 16A18 to Item 11N: Recommendation to approve a Settlement Agreement and
Release with Malcolm Pirnie, Inc., to settle all outstanding claims related to consulting
services provided in connection with project and oversight services on Forest Lakes MSTU
Projects F -53 and F -56, and to authorize payment. (Commissioner Hiller's request)
Move Item 16131 to Item 14133: Recommendation that the Collier County Community
Redevelopment Agency review and approve the Bayshore Gateway Triangle and Immokalee
CRA's 2011 Annual Reports, forward the reports to the Board of County Commissioners and
Clerk of Courts and publish public notice of the filing. (Commissioner Hiller's request)
Move Item 16132 to Item 14134: Recommendation that the Collier County Community
Redevelopment Agency (CRA) authorize the CRA Director to take appropriate steps to sell
twenty-three (23) CRA owned vacant lots within the Bayshore /Gateway Triangle Mixed Use
District Overlay in accordance with Florida Statute 163.380 and bring back any offers
deemed to meet the terms of the proposal for review and approval. (Commissioner Hiller's
request)
Move Item 16C1 to Item 11L: Recommendation to reject all bids received in response to
Invitation To Bid #11 -5624 for Trenchless Sewer System Rehabilitation Services.
(Commissioner Hiller's request)
Move Item 16D8 to Item 11M: Recommendation to approve a substantial amendment to
the Collier County 2011 -2012 Department of Housing and Urban Development (HUD) Action
Plan. The amendment will allow Community Development Block Grant (CDBG) funds in the
amount of $775,016 to be re- programmed from Eagle Lakes Park to the Immokalee South
Park. (Commissioner Hiller's request)
Move Item 16GZ to Item 14A2: Recommendation that the Board of County Commissioners,
acting as the Collier County Airport Authority, approve the attached Advertisement License
Agreement with Seminole Gaming Management, LLC for advertising at the Immokalee
Regional Airport. (Commissioner Hiller's request)
3/27/2012 Item 14.A.1.
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods, LLC from its present location at the Immokalee Regional
Airport, and to pursue any holdover rest, damages, and costs that may be due and owing to the
Airport Authority.
OBJECTIVE: To evict Three Mayhoods, LLC from the Immokalee Airport and collect any holdover
rent, damages, and costs that may be due and owing to the Airport Authority.
CONSIDERATIONS: On March 10, 1981, Luft, Inc. and Collier County entered into a twenty (20)
year Lease Agreement ( "Agreement ") for the use of 5.079 acres of land at the Immokalee Regional
Airport. Collier County subsequently formed a dependent Airport Authority ( "Authority "), and assigned
its rights in the Lease to the Authority with rights to modify and accept assignments.
On July 10, 1996 D.C. Air, Inc. purchased from Luft, Inc. its interest in the Agreement. The Agreement
was assigned to D.C. Air, Inc. ( "Lessee ") and modified to extend the time period of the Agreement for an
additional ten (10) year period, and remove the right of the Lessee to offer for sale to the public aircraft
fuel. On March 1, 1998, the Agreement was amended to reduce the leased area from 5.079 acres to two
(2) acres. The Agreement, as amended, expired on March 10, 2011.
The Executive Director of the Collier County Airport Authority, Mr. Chris Curry, has extended the
Agreement for the past year while negotiating a Sub -Lease Agreement with Three Mayhoods, LLC. By
certified letter dated March 2, 2012 from Mr. Cunt' to Mr. Leroy Mayhood, Mr. Mayhood was informed
that Mr. Curry would request that the Board not allow Three Mayhoods, LLC to operate on the
Immokalee Airport past March 30, 2012 if the Airport Authority did not received a signed copy of its
Sub -Lease Agreement by March 14, 2012. Mr. Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new Sub -Lease Agreement have been unsuccessful.
LEGAL CONSIDERATIONS: If Three Mayhoods, LLC does not voluntarily vacate the property, an
eviction is necessary to lawfully remove Three Mayhoods, LLC from the property. This item requires
majority support for approval. (STW)
FISCAL IMPACT: The filing fee for an eviction action in County Court is approximately $185.
Service of the process of the complaint will cost no more than $70. The County Attorney and Collier
County Airport Authority staff time and resources would also be necessary to pursue the eviction action.
If Collier County pursues a lawsuit and prevails it may receive a judgment ordering holdover rent,
damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT DW CT: None.
RECOMMENDATION: That the Board authorize the County Attorney to take all necessary action,
including filing a lawsuit, to evict Three Mayhoods, LLC from its present_ location at the Immokalee
Regional Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Steven T. Williams, Assistant County Attorney
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COLLIER COUNTY
Board of County Commissioners
Item Number: 14.A.1.
3/27/2012 Item 14.A.1.
Item Summary: Recommendation to authorize the County Attorney to take all necessary
action, including filing a lawsuit, to evict Three Mayhoods, LLC from its present location at the
Immokalee Regional Airport, and to pursue any holdover rent, damages, and costs that may be
due and owing to the Airport Authority.
Meeting Date: 3/27/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
3/19/2012 4:30:48 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
3/19/2012 4:30:50 PM
Approved By
Name: CunyChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 3/20/2012 10:39:16 AM
Name: WilliamsSteven
Title: Assistant County Attomey,County Attorney
Date: 3/20/2012 11:31:22 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/20/2012 1:01:43 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/20/2012 1:24:41 PM
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Name: OchsLeo
Title: County Manager
Date: 3/21/2012 3:28:17 PM
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3/27/2012 Item 14.A.1.
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3/27/2012 Item 14.A.1.
G COLLIER COUNTYAIRPORTAUTHORITY
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2005 Mainsail Drive Ste. 1
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Naples, FL 34114 -8955
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(239) 642 -7878
Fax (239) 394 -3515
�J www,coilieraviation.com
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012. On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry@colliergov.net or my
telephone, 239-642-7878x35. I hope to hear from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
C: Steve-Williams
Marco Island ExeculNe Airpol Immokalee Regional Airpoin P.O. Box 889 irk
2005 Mainsail Drive Ste. 1 165 Airpi rk Boulevard
Naples, FL 34114 -8955 Immokalee, FL 34142 650 E.C. Arm( Road
(239) 394 -3355 (239) 657 -QCM Everglades Dry. FL 34139
(239)642- 5427Fax (239)657 -9191 Fax (239)695.2778
(239) 695 -3558 Fax
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