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Agenda 01/11/2011 Item #14B Agenda Item No. 14B January 11, 2011 Page 1 of 30 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2011. OBJECTIVE: To approve rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2011. CONSIDERATIONS: The Airport Authority's Administrative Code, adopted August 9, 2004, and as amended May 8, 2006, authorizes the Authority's Executive Director to set rates and fees to the estimated fair market value on products, service and agreements with terms up to and including one (1) year in length. Ordinance 2010-10, Section Five (C) provides that the Authority has the power to adopt by resolution a schedule of rates, fees, and other charges. The Airport Leasing Policy, Section II, states that a "Rate Structure" updated and approved by the Authority annually will serve as a guide when negotiating fees. The Executive Director indicated at the December 14, 2010 Board meeting, Agenda Item No. 14C, that he would present a comprehensive fee policy to the Board for their approval by Resolution in January 2011. FISCAL IMPACT: There is no fiscal impact because these rates have been built into the FY2011 budget. GROWTH IMPACT: There is no growth impact associated with this Executive Summary. ADVISORY BOARD RECOMMENDATION: This item is on the January 10, 2011 Airport Advisory Board Agenda, and it is anticipated that the Airport Advisory Board will recommend adopting these rate schedules at that meeting. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, requires simple majority vote, and is legally sufficient for Board action. - CMG RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedule for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2011. Prepared by Chris Curry, Executive Director, Collier County Airport Authority. Agenda Item No, 14B January 11, 2011 Page 2 of 30 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 14B Recommendation that the Board of County Commissioners, acting as the Airport Authority, adopts the attached Resolution approving the proposed rate schedules for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport for 2011. Meeting Date: 1/11/2011 9:00:00 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 12/23/2010 2:53 PM Approved By Chris Curry Executive Director Date Airport Authority 12/30/2010 9:15AM Approved By Jeff Klatzkow County Attorney Date 12/31/20104:06 PM Approved By Randy Greenwald Office of Management & Budget Management/Budget Analyst Date Office of Management & Budget 1/4/2011 9:05 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 1/4/20113:03 PM Agenda Item No. 148 January 11, 2011 Page 3 of 30 RESOLUTION NO. 2011 . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING THE A TT ACHED RATE SCHEDULES FOR 2011 FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT, AND MARCO ISLAND EXECUTIVE AIRPORT. WHEREAS, the Executive Director of the Airport Authority has recommended to the Board of County Commissioners that the attached rate schedules for the Everglades Airpark, Immokalee Regional Airport, and Marco Island Executive Airport be adopted for 2011; and WHEREAS, the Board of County Commissioners hereby accepts the recommendations of the Executive Director of the Airport Authority; and WHEREAS, these rate schedules will remain in full force and effect until new rate schedules are approved in January 2012 or later. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COlliER COUNTY THAT THE ATTACHED RATE SCHEDULES FOR THE EVERGLADES AIRPARK, IMMOKALEE REGIONAL AIRPORT AND MARCO iSLAND EXECUTIVE AIRPORT BE APPROVED FOR 2011. This Resolution shall be effective on the date signed. THIS RESOLUTION ADOPTED this motion, second and majority vote. day of I 2011, after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ,Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: @lIeen Greene Assistant County Attorney Agenda Item No. 148 January 11, 2011 Page 4 of 30 Everglades Airpark 2011 Rates and Charges BuildinR Rates Office Space $12 Per Sq Ft/Year Tie-Down/OverniRht Fees* Single Engine $5 Daily Single Engine $25 Weekly Single Engine $75 Monthly Single Engine $720 Annually Single Engine (Grass) $720 Annually Multi Engine $10 Daily Multi Engine $50 Weekly Multi Engine $125 Monthly Multi Engine $1080 Annually Helicopter $5 Daily Helicopter $25 Weekly Helicopter $75 Monthly Helicopter $720 Annually *Gliders will be treated as single engine aircraft Parkin~ Fee Exemptions All Aircraft - First night w/fuel purchase Fuel Fees Full Service Fuelin~ A VGAS Cost + Flowage +$0.75 Per Gallon Self Serve FuelinR A VGAS Cost + Flowage +$0.50 Per Gallon Everglades Airpark 2011 Rates and Charges Page 1 of 3 Agenda Item No. 148 January 11, 2011 Page 5 of 30 Ham~ar Rental (1) T-Hangar Units $0.22 Per Sq Ft/Month T-Hangar Storage Unit $0.22 Per Sq Ft/Month OTHER RATES AND FEES Flowage/Inspection Fee $0.20 Per Gallon (Private Tanks - Self Fueling) Flowage (Airport Authority) $0.25 Per Gallon (Fuel Dispensed From CCAA Tanks) Aviation Oil- Piston Cost x 1.5 After-Hours Charge $30 Per hour Airport Event Fee Negotiated Per Event Hangar Reservation Fee $200 (non-refundable) Commercial Operating Fee $200 Annual Transient Commercial Up To 15% Per Event (Based on Gross Receipts Non-Aeronautical Usage Fee or Fixed Negotiated Rate) Transient Commercial Up To 10% Per Event (Based on Gross Receipts Aeronautical Usage Fee or Fixed Negotiated Rate) Late Fee 18% Annual Payments received after the 15th ofthe month will be considered LATE, a late payment charge of 1.5% monthly will apply. Photo Copy Machine $0.15 Per Copy Vendor Fee $25 Per Day Bicycle Rental $5 Per Bicycle Rental Everglades Airpark 2011 Rates and Charges Page 2 of3 Agenda Item No. 148 January 11, 2011 Page 6 of 30 Rental Car Agency Operating Fee (On and Off Airport Companies) 15% Based on Total Gross Receipts Vending Video Games 30% Per month based on Gross Receipts (1) The Airport Authority has a program for adjusting the T-Hangar, Storage Unit, and Large Cargo hangar rent amounts will be adjusted by CPI. Currently, the Airport executes the increase every January 1st and have done this since its inception. Everglades Airpark 2011 Rates and Charges Page 3 of 3 Immokalee Regional Airport 2011 Rates and Charges Buildim~ Rates Office Space $12 Per Sq Ft/Year Tie-Down/Overnil!ht Fees* Single Engine $5 Daily Single Engine $25 Weekly Single Engine $75 Monthly Single Engine $360 Semi-Annual Single Engine (Grass) $360 Semi-Annual Multi Engine $10 Daily Weekly $50 Weekly Multi Engine $125 Monthly 1\11 I IIti I=nO'inQ (:t;An Semi=Annual ,.,-,'-, ....Iblll..... y..J""TV Turbo-Prop $15 Daily Turbo-Prop $75 Weekly Turbo-Prop $150 Monthly Turbo-Prop $720 Semi-Annual Jet $20 Daily Jet $120 Weekly Jet $175 Monthly Jet $900 Semi-Annual Helicopter $5 Daily Helicopter $25 Weekly Helicopter $75 Monthly Helicopter $360 Semi-Annual *Gliders will be treated as single engine aircraft Agenda Item No. 148 January 11, 2011 Page 7 of 30 Immokalee Regional Airport 2011 Rates and Charges Page 1 of 4 Parkin2 Fee Exemptions All Aircraft - First night w/fuel purchase (50 gallon minimum for Jet-A fuel) Jet & Turboprop Aircraft: 2 nights waived with 250 - 499 gallons purchased 3 nights waived with 500 - 749 gallons purchased 5 nights waived with ~750 gallons purchased Fuel Fees Full Service Fuelin2 Jet A < 250 250-749 >749 Cost + Flowage + $1.01 Cost + Flowage + $0.96 Cost + Flowage + $0.91 AVGAS Cost + Flowage +$0.79 * Jet A with Prist add $0.05 per gallon Self Serve Fuelin2 Jet A Cost + Flowage +$0.76 A VGAS Cost + Flowage +$0.54 * Jet A with Prist add $0.05 per gallon Prepaid Full Service Jet A < 250 250-749 >749 Cost + Flowage + $0.91 Cost + Flowage + $0.86 Cost + Flowage + $0.81 Annual Volume Discount Pro2ram (1) Non-Commercial Based Aviation < 20,000 Cost + Flowage + $0.40 20,001-40,000 Cost + Flowage + $0.35 > 40,000 Cost + Flowage + $0.30 Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon/Year Per Gallon/Year Per Gallon/Year Agenda Item No. 14B January 11, 2011 Page 8 of 30 Immokalee Regional Airport 2011 Rates and Charges Page 2 of 4 Agenda Item No, 148 January 11, 2011 Page 9 of 30 Ham~ar Rental (2) T-Hangar Units $0.21587 Per Sq Ft/Month T-Hangar Storage Units $0.21587 Per Sq Ft/Month Large Corporate Hangars Negotiated (At this time) Land Commercial $0.14 Per Sq Ft/Year Adjusted per CPI OTHER RATES AND FEES Flowage/Inspection Fee $0.20 (Private Tanks - Self Fueling) Per Gallon Flowage (Airport Authority) $0.25 (Fuel Dispensed From CCAA Tanks) Per Gallon Aviation Oil - Piston Aviation Oil-Jet Cost x 1.5 Cost x 1.5 Lavatory Cart Service ~~() .,..-- Per Service* Ground Power Unit $40 $15 Per Service (Up to 2 Hours)* Each Additional Hour *Services available by request only with 24 hours notice Dishwashing $25 Per Service After-Hours Charge $50 Per Hour Airport Event Fee Negotiated Per Event Hangar Reservation Fee (non refundable) $200 Commercial Operating Fee $200 Annual Aircraft Tow Fee $25 Per Tow (Advanced Notice Required) Transient Commercial Non-Aeronautical Usage Fee Up To 15% Per Event (Based on Gross Receipts or Fixed Negotiated Rate) Immokalee Regional Airport 2011 Rates and Charges Page 3 of 4 Agenda Item No, 148 January 11, 2011 Page 10 of 30 Transient Commercial Aeronautical Usage Fee Up To 10% Per Event (Based on Gross Receipts or Fixed Negotiated Rate) Late Fee 18% Annual Payments received after the 15th of the month will be considered LATE, a late payment charge of 1.5% monthly will apply. Conference Room Usage $25 $125 Per Hour Per Day Photo Copy Machine $0.15 Per Copy Vendor Fee $25 Per Day Rental Car Agency Operating Fee (On and Off Airport Companies) 15% Based on Total Gross Receipts Vending Video Games 30% Per month based on Gross Receipts (1) The Annual Volume Discount Fuel Program offers a reduced aviation fuel price for large purchasers of fuel. To qualify you must have purchased more than 30,000 gallons of fuel in the previous fiscal year or commit to purchase a minimum of 30,000 gallons during the current fiscal year (October 1 through September 30). Customers who promise to pay will be charged the full service fee. Once 30,000 gallons have been purchased they will receive a credit toward their account to be used for future fuel purchases the remainder of the fiscal year. Customers will be billed directly and credit cards are not accepted under this program. (2) The Airport Authority program for adjusting the T-Hangar, Storage Unit, and Large Cargo hangar rent amounts will be adjusted based on CPI annually each January 1st. Immokalee Regional Airport 2011 Rates and Charges Page 4 of 4 Agenda Item No. 148 January 11, 2011 Page 11 of 30 Marco Island Executive Airport 2011 Rates and Charges Buildim~ Rates Office Space $18 Per Sq FtjYear Tie-Down/OverniEht ParkinE Fees. Single Engine $15 Daily Single Engine $70 Weekly Single Engine $140 Monthly Single Engine $75 Monthly License Agreement ** Multi Engine $20 Daily Multi Engine $90 Weekly Multi Engine $180 Monthly Multi Engine $100 Monthly License Agreement** Turbo-Prop $35 Daily Turbo-Prop $130 Weekly Turbo-Prop $260 Monthly Turbo-Prop $200 Monthly License Agreement** Jet $75 Daily Jet $325 Weekly Jet $575 Monthly Jet Negotiable Monthly License Agreement** Helicopter $15 Daily Helicopter $70 Weekly Helicopter $140 Monthly Helicopter $75 Monthly License Agreement** *Gliders will be treated as single engine aircraft **Monthly license agreement requires minimum term of 3 months Marco Island Executive Airport 2011 Rates and Charges Page 1 of 4 Parkine: Fee Exemptions All Aircraft - First night w/fuel purchase (50 gallon minimum for Jet-A fuel) Jet & Turboprop Aircraft: 2 nights waived with 250 - 499 gallons purchased 3 nights waived with 500 - 749 gallons purchased 5 nights waived with ~750 gallons purchased Full Service Fueline: Jet A < 350 350-749 <750 A VGAS Fuel Fees Cost + Flowage + $1.92 Cost + Flowage + $1.87 Cost + Flowage + $1.82 Cost + Flowage + $0.95 * Jet A with Prist add $0.05 per gallon Prepaid Full Service Jet A < 350 350-749 <750 Cost + Flowage + $1.82 Cost + Flowage + $1.77 Cost + Flowage + $1.72 Annual Volume Discount Proe:ram (1) < 20,000 20,001-40,000 <40,000 T-Hane:ar Rental (2) Building A Building B - Single Engine Units Building B - Multi -Engine Units Building B - Cabin Class Unit T-Hangar Storage Units Cost + Flowage + $0.96 Cost + Flowage + $0.91 Cost + Flowage + $0.86 $0.33 $0.35 $0.42 $ 0.43 $0.21591 Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon Per Gallon/Year Per Gallon/Year Per Gallon/Year Per Sq Ft/Month Per Sq Ft/Month Per Sq Ft/Month Per Sq Ft/Month Per Sq Ft/Month Agenda Item No. 148 January 11, 2011 Page 12 of 30 Page 2 of 4 Marco Island Executive Airport 2011 Rates and Charges Agenda Item No. 148 January 11, 2011 Page 13 of 30 OTHER RATES AND FEES Flowage/Inspection Fee $0.20 (Private Tanks - Self Fueling) Per Gallon Flowage (Airport Authority) $0.25 (Fuel Dispensed From CCAA Tanks) Per Gallon Landing Fee (3) $1.25 Per l,OOOlbs Aviation Oil - Piston Aviation Oil - Jet Cost x 1.5 Cost x 1.5 Lavatory Cart Service $30 Per Service Ground Power Unit $40 Per Service Dishwashing $25 $40 Per Service Per Service (Hand Washing) After-Hours Charge $50 Per hour Airport Event Fee Negotiated Per Event Hangar Reservation Fee (non-refundable) 200 Commercial Operating Fee $200 Annual Aircraft Tow Fee $25 Per Tow (Customer Requested) Transient Commercial Non-Aeronautical Usage Fee Up To 15% Per Event (Based on Gross Receipts or Fixed Negotiated Rate) Transient Commercial Aeronautical Usage Fee Up To 10% Per Event (Based on Gross Receipts or Fixed Negotiated Rate) Late Fee 18% Annual Payments received after the 15th of the month will be considered LATE, a late payment charge of 1.5% monthly will apply. Conference Room Usage $25 $125 Per Hour Per Day Marco Island Executive Airport 2011 Rates and Charges Page 3 of 4 Agenda Item No. 148 January 11, 2011 Page 14 of 30 Photo Copy Machine $0.15 Per Copy Vendor Fee $25 Per Day CONCESSION FEES Aircraft Cleaning/Detailing Service Operating Fee 15% Based on Gross Receipts Catering Services Operating Fee 15% Based on Gross Receipts Rental Car Agency Operating Fee (On and Off Airport Companies) 15% Based on Gross Receipts Vending Video Games 30% Per month based Gross Receipts (1) The annual Volume Discount Fuel Program offers a reduced aviation fuel price for large purchasers of fuel. To qualify you must have purchased more than 30,000 gallons of fuel in the previous fiscal year or promise to purchase a minimum of 30,000 gallons during the fiscal year (October 1 through September 30). Customers who promise to pay will be charged full service fee. Once 30,000 gallons have been purchased they will receive a credit toward their account to be used for future fuel purchases the remainder of the fiscal year. Customers will be billed directly and credit cards are not accepted under this prograrn. (2) The Airport Authority has a program for adjusting the T-Hangar, Storage Unit, and Large Cargo hangar rent amounts will be adjusted by CPI. Currently, the Airport executes the increase every January 1st and have done this since its inception. (3) Landing Fees for aircraft 12,5001bs Maximum Gross Landing Weight (MGLW) and above. Fee is charged per 1,0001bs MGLW. Marco Island Executive Airport 2011 Rates and Charges Page 4 of 4 Agenda Item No. 148 January 11, 2011 Page 15 of 30 --- Collier County Airport Authority Administrative Code 600 Fiscal Matters Effective Date: 5/08/06 631 Revenues Revised Date: '''''"......;.....-... . Chairman Review and Approve: Attorney's Review and Approve: _ PURPOSE: Policy regarding guidelines used to set rates and fees for the receipt of revenues associated with the use of airport land, facilities and services to be paid by airport users, tenants, licensees or occupants for terms less than one (1) year (365 days). LEGAL CONSIDERA nON: Ordinance No. 2004-3 POLICY: This policy authorizes the Executive Director to set rates and fees to the estimated fair market value on products, services, and agreements with terms up to and including one (1) '--- year in length. These include month-to-month, daily and one time use fees for the use of the -";": ~: " airports services and/or facilities. The rates and fees will be established with the goal of consistently maintaining fair market value of the Airports products, services, and facilities. Agreements entered into for a period of greater than one (1) year will be negotiated on a case-by- case basis and approved by the Airport Authority Board. This policy is not all-inclusive and, where exclusions exist, application of the Airport Leasing Policy or industry practices shall be applied on a case-by-case basis for terms of 365 days or less. ----- .~:~.,.~.... .:0...._-.. . ;92..021 ?3.;" Agenda Item No, 148 (\'\'0' <:'T-2)? Janu~ 11, 2~ ~... ~ ~ ~~) ~'_ (' ~~f.: 6 t1~./ l.t) ~~~ (jl t., '>~ to :;; ~\\.~ ~\,(J ~ "-;' _' , " ' / '\ , ':'\ -,~ . v~ N .- ,.\ '-, ,\ r", ~\.~ ~ ORDINANCE NO. 2010 _ 10 "";' :.', '. ,. \_:) ,,~ <0 \,;/ .~... ... ~ ' "''': - '. .'", ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF\" ~\ ";:"~" ." '.'l of ~{9S17t't\" LLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2004-03,<~_.~<\ ':;> KNOWN AS THE COLLIER COUNTY AIRPORT AUTHORITY ,<<.;"\ .,1 ORDINANCE, BY AMENDING SECTION THREE, "DEFINITIONS;" I SECTION FOUR, "CONTINUANCE OF AUTHORITY; AIRPORT BOUNDARIES;" SECTION FIVE, "GOVERNING BODY; MEMBERSHIP; APPOINTMENT AND TERMS OF OFFICE;" SECTION SIX, "COMPENSATION OF MEMBERS;" SECTION SEVEN, "POWERS, FUNCTIONS AND DUTIES;" SECTION EIGHT, "ANNUAL WORKSHOP; BUDGET AND REPORTS;" SECTION NINE, "ADMINISTRATIVE CODEj" SECTION TEN, "EXECUTIVE DIRECTOR;" SECTION ELEVEN, "NON-INTERFERENCEj" AND SECTION FOURTEEN, "ADOPTION OF RULES AND REGULATIONS PREVIOUSL Y ADOPTED BY THE COLLIER COUNTY AIRPORT AUTHORITY;" IN ORDER FOR THE BOARD OF COUNTY COMMISSIONERS TO SERVE AS THE GOVERNING BOARD OF THE COLL.IER COUNTY AIRPORT AUTHORITY, AND PROVIDE THAT THE AIRPORT AUTHORITY EXECUTIVE DIRECTOR REPORT TO AND SERVE DIRECTL Y UNDER THE BOARD OF COUNTY COMMISSJONERS ACTING AS THE AIRPORT AUTHORITY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LA WS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. .~~ ~t: c- .' ~ WHEREAS, Chapter 332, Florida Statutes, authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other navigation facilities; and WHEREAS, Section 332.08, Florida Statutes, authorizes CoIlier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation thereof in an officer, a board, or body by ordinance or resolution which shall prescribe the powers and duties of slIch officer, board or body; and WHEREAS, the governing body of the Airport Authority has previously been composed of seven citizen members appointed by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners now desire to serve as the governing body of the Airport Authority and create a citizen-member advisory board(s) to advise the Board concerning County airports; and ,', ,c~ .,:. '~~ .>!, f+~ :\ Page 1 of 12 Words underlined are added; Words swuel. through are deleted. '5, . ~t ,j ....... Agenda Item No. 148 January 11, 2011 Page 17 of 30 WHEREAS, the Board of County Commissioners desires to appoint the members of the Airport Authority that exist as of the date immediately preceding the effective date of this Ordinance amendment to the Airport Authority Advisory Board; and WHEREAS, the Board of County Commissioners desire to make the Airport Authority Executive Director serve at its pleasure; and WHEREAS, the Board of County Commissioners desire to adopt all policies and ; procedures of the Airport Authority, to include the Administrative Code, in existence as of the effective date of this Ordinance amendment. NOW, THEREFORE, BE IT ORDAfNED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION mREE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Three of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION THREE. Definitions. As used in this Ordinance, the following words and terms shall have the following meaning unless the context clearly requires otherwise: ... ... ... "Authority" means the Collier County Airport Authority oFeated by OrdiflElftee No. 93 36 and oontinued by this Ordinance. >Ie ... ... SECTION TWO: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2004-03, AS A1\-IENDED. Section Four of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FOUR. Continuance of Authority; Airport Boundaries. /\.., The Board, on June 22, 1993, by enactment of Collier County Ordinance No. 93 36, crea-ted a seven member body designated as the Collier COI:mty fLirport Auth.ority. ;~ Page 2 of 12 Words underlined are added; Words stmck throU~R are deleted. Agenda Item No. 148 , January 11, 2011 Page 18 of 30 8 A. The Authority is a "political subdivision" of Collier County as defined in subsection 333.01(9), Florida Statutes. The Authority is also a "political subdivision" of Collier County as used in Section 196.199, Florida Statutes, regarding ad valorem taxation. C. The .\uthority is Rot a '\iepartment" under Collier County OriliRlH1ee No. 84 41, as amended. Neither tRe authority, thE! .^.l:ItRority's ExecH:l.tive Direetor, nor other em.ployees of the :\uthority are under management of the County Manager. B B. The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to Chapters 332 or 333, Florida Statutes, or any applicable regulation of any govenunental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue. :g C. The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B and C. The legal description and maps may be amended by Resolution of the Airport Authoritv. SECTION THREE: AMENDMENTS TO SECTION FIVE OF ORDINANCE NO. 2004-03, AS AMENDED. Section five of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION FIVE. Governing Body; Membership; Appointment and Terms of Office .^.. The governiag body of the Authority shall be composed of seven (7) members and ORe (1) alternate member appointed by the Board. The alternate member shall act oIlly in the absence, or disq1:lalifieation, of a regular member. Except when a member is appointed to fill the remainder of a vacated term, members shall be appointed to serve four year terms. Th.ere arc no limitations on the number of times that members of the I\uthority may be re appointed to the t.uthority. In the eT.'ent this provision conflicts with any other Collier County rule, regulation or ordinance, this provision shall pre';ail. Upaa the expiration of a member's term of office, such member shull maintaiR his or her appointment llRtil the member is eith.er Fe appointed or a successor is appointed by the Board. B. Members of the Authority may be romoyed with or '.vithout cause by a majority '.'ote of the membership of tho Board. Vacancies on the /\uthority shall be filled in the same manner as thc original appointment. C. Members of the ,\uthority shall be residents of Collier County and must hayc business ability nnd cxperience in one or more fields which, by way of example, mil)' include, but are not limited to, general business, economic development. aviation, public affairs, I a'.\', finance, accounting, engineering, natural resource conscrvatioR, or related fields. There shall be at least ene (I) member of the .'\utR8Fity appointed from Immokalee, Marco Island, and Everglades Page 3 of 12 Words underlined are added; Words stmsk thrmlg-R are deleted. Agenda Item No. 148 January 11, 2011 ,Page 19 of 30 City of a llualified caadidate who resides within the respective area is wiailable for appointJ.l'lent to the ;\1:ltaority. No person holding elected office at the state, eouat)' Elf ffi1:lRicipalit)' level shull be appointed to, or be a member €If, the .^~uthority. A. The Board of County Commissioners herebv declares itself to be the Collier County Airport Authoritv. Q B. Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a chairman and vice chairman. The .^~utharity may delegate the duties of secretary to the exeel:lti':e direotor af the .^~1:lthElrit)' or designee. If an election does not occur, the chairman and vice-chairman of the Board of County Commissioners will hold those same positions on the Airport Authority governing board. e C. The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time. .~ F D. The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by Chapter 218, Florida Statutes, and additional requirements, if al'1Y, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board. G g. Other Departments of the County, including the office of the County Manager, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective department for the cost of services and materials supplied by that department to the Authority. SECTION FOUR: AMENDMENTS TO SECTION SIX OF ORDINANCE NO. 2004-03, AS AMENDED. Section Six of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION SIX. Compensation of Members. The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget us approv~d by the Board. Page 4 of 12 Words underlined are added; Words struek thraHgk are deleted. . ......... Agenda Item No. 148 January 11, 2011 Page 20 of 30 SECTION FIVE: AMENDMENTS TO SECTION SEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Seven of Ordinance No. 2004-03, as amended, is hereby amended as follows: ;~:~ SECTION SEVEN. Powers, Functions and Duties. A. The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the ,'\utbority, of the Executive Director; and of the Authority's other employees shall not require prior approval from the Board. Authoritv. or the County Manager. B. The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature. C. The Authority has the following powers and duties: 1. Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers. 2. The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority. 3. To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals. ~';. .l ~~ 4. To maintain an office within the County at such place or places the Authority designates. ~,.... OJ- 5. Subject to prior approval of the Board, t 10 borrow money and issue revenue bonds or anticipation certificates, warrants, notes or otber evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant. 6. To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shalJ be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees Page S of 12 Words underlined are added; Words stflH11( throl:lgh are deleted. Agenda Item No. 148 Jahuary 11, 2D11 Page 21 of 30. and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised. 7. To sub-lease as sub-lessor, and to lease as lessee, to or from any person, finn, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport. BeeR !ilia lease ':mere the l\l:ltRority is the sub lessor, Wld eaea grcmt of any SHea easemeat, lieense or other use agreement, shall be subject to approval of the Board if the term of the sub lea:;e, license, easement, I:Ise agreement or other agreement or document will control use or occupancy of real property for a term greater then five (5) years, including every option to reme!\v or eKtead the term. '1 8. To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except (a) in the name of the county pursuant to Chapter 74, Florida Statutes, as authorized by the Board, or (b) except as authorized by special act of the Legislature. 9. To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority. 10. To hire employees, including the Executive Director, who shalf be an employees of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code. II. To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County. 12. At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law Page 6 of 12 Words underlined are added; Words strook through are deleted. Aoenda Item No. 148 ~ January 11. 2011' Page 22 of 30 firm(s) to serve as the Authority's attorney for some or all of the Authority's legal servIces. 13. To exercise all power and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance. 14. To create advisory board( s) by ordinance. .;~ D. The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority f()f all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of tht: lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of Section 775.08, Florida Statutes, and shall be punished as provided by law. " ;". ,< SECTION SIX: AMENDMENTS TO SECTION EIGHT OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eight of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION EIGHT. Annual workshop; budget and reports. A. The :AtIthority Executive Director shall schedule and conduct one (I) workshop with the Board Authority prior to submission of the Authority's Executive Director's tentative annual budget request. For each fiscal year the Authority Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall he transmitted to the County Manager for Authoritv and Board review and adoption on or before May I, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the hudget as proposed by the Authority, or modify the same in part or in \vhole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsihle for the implementation of the budget ~'(: ~! .~~ Page 7 of 12 Words underlined are added; Words strl:lek through are deleted. ..~'....: .:.I~Ai;, Agenda Item No. 148 January 11, 2011 Page 23 of 30 as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan. B. By March 15th of each year, the .'\uthority Executive Director shall submit to the board an annual report on its airport activities and operations for the preceding fiscal year, including an independent financial audit. C. For the December, March, June and September calendar quarters of each year, the Authority Executive Director, not later than forty - five (45) days following the end of each quarter, shall deliver to the ~ Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items. SECTION SEVEN: AMENDMENTS TO SECTION NINE OF ORDINANCE NO. 2004-03, AS AMENDED. Section Nine of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION NINE. Administrative Code. A. The Authority shall may adopt an Administrative Code by Resolution(s) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority. The ,^.dministrati'le Code and amendments thereto are nat subject .- ______._1 _J:'.1.._ n___J -I' _-".1.._ r-.._____~__, Lfl:- - -f ~u Ull}.llU.Ul UllI1~ fiOi:l:lU 0 01 lIlt::: LUtLHl)' Nii:l:I iil;l:) . B. The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature. c. The Administrative Code in existence as of the date of this Ordinance amendment is effective only to the extent that it is consistent with Collier County rules and regulations and this Ordinance. SECTION EIGHT: AMENDMENTS TO SECTION TEN OF ORDINANCE NO. 2004- 03, AS AMENDED. Section Ten of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION TEN. Executive Director. A. The Authority 5ftaII may have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority subject ta (i) the Board approving each seareh for an E:(ecutive Direetor, Oi) the Board approving the individual rceommeaoed to the Board for employment as ., .l',~ Page 8 of 12 Words underlined are added; Words strl:lllk t"",,,l:lgh are deleted. Agenda Item No. 148. January 11, 2011 Page 24 of 30 .'i Executive Direetor, afld (Hi) the Board approving the proposed empl€lyment agreement. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority. B. The Executive Director shall work under the direction of the Authority. C. The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director. D. The Executive Director shall: 1. Be responsible for the administration, management and operation of the airports and airport facilities. 2. Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority. 3. Implement all lawful directives of the Authority. 4. Prepare annual budget and the annual report for approval of the Authority and the Board. 5. Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority. 6. Carry out such other powers and duties as may lawfully be assigned by the Authority. E. The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code. Page 9 of 12 Words underlined are added; Words SWl:Isk thn~l:IgR are deleted. Agenda Item No. 148 January 11, 2011 Page 25 of 30 SECTION NINE: AMENDMENTS TO SECTION ELEVEN OF ORDINANCE NO. 2004-03, AS AMENDED. Section Eleven of Ordinance No. 2004-03, as amended, is hereby amended as follows: SECTION ELEVEN. Non-Interference. <~ '...;i Consistent with Ordinance No. 93-72. as amended (County Manager's Ordinance) and Ordinance No. 96-40. as amended (Collier County Personnel Ordinance)'Mmembers of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director. SECTION TEN: AMENDMENTS TO SECTION FOURTEEN OF ORDINANCE NO. 2004-01, AS AMENDED. Section Fourteen of Ordinance No. 2004-0 I, as amended, is hereby amended as follows: SECTION FOURTEEN. Adoption of Rules and Regulations Previously Adopted By the Collier County Airport Authority. A. The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): .~ I. The Collier County Airport Authority Rules and Regulations for General A viation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on Fcamary 11,2002 (17 pages) February 1. 2002. 2. The Collier County "^...irport Authority Minimum Standards for Commercial aad Non Commercial /~eronauti0al Aotivities at the Imm.okalee Regional :\irport, adopted by the "'\uthority as revised on Fobmury 11,2002 (17 pages). 3. The CElllier C01:mtj' "^.irport Authority Miaimum Standards for Commercial and NOR Commercial Aeronautical Activities at the Everglades Airpark, adopted by the "^.uthority as revised on February 11, 2002 (17 pages). 1. The Collier COHaty Airport .'\uthonty Miaiffi1:lffi Standards for Commereial aad Non Comm.ercial "^.eronautical "\etivities at the Marco Island EKecuti'.'c Airport, adopted By the Authority as rcvisud on February I I, 2002 (17 pages). Page 10 of 12 Words underlined are added; Words stFlfsk t1u9ligh are deleted. "':""2.a:'.i.: ,~':; '-~,' Agenda Item No. 148 January 11, 2011 Page26 of 30 2. Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005 ~ 1. The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11,2002 (12 pages) August 9.2004. & 1;. The Collier County Airport Authority Leasing Policy adopted by the Airport Authoritvas revised on February 11,2002, (19 pages). B. Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. C. Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to irrunediate!y obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of ,my such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement omcer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by subsection 90 1.15( 1), Florida Statutes. SECTION ELEVEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The prOVISIOns of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TWELVE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with ,my other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be Page 11 of 12 Words underlined are added; Words struel( threuglt are deleted. ;~ ..;;; Agenda Item No. 148 January 11, 2011 Page 27 of 30 l. j '~ deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ",;i SECTION TIDRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thisc'\-\\"'day of t-\o..'r"~ , 2010. A TIEST:' ~>',,,\ .t', ,. DWIGH. rtE: B!{OC1"<; CLERK :,.'.,....:"~:.'....\" k' ' ~. .' . ",'. ,.. '", " , . .'. I It. .' ,to- ~.'~tt Clerk 11;nttu"'; ,~l~::', Approved as to ronn and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: L w. ( FRED W. COYLE, CHAI {~ ~~U~~ Jennifer B. White Assistant County Attorney :~ This ordinance flfed wlfh tl'\a Secretary of State's Office th~ ..l1::. day of _~c LO and acknowledgement of that filing 'eca~v.d thi, .J..L day of ~ "2-0{D b..~--t&~ ~~e ~ ~~~ Page 12 of 12 Words underlined are added; Words struck thrBugh are deleted. '~~'i~ Agenda Item No, 148 January 11, 2011 Page 28 of 30 STATE OF FLORIDA) 'L; ';11,1 ?1 COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do .. hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-10 Which was adopted by the Board of County Commissioners on the 9th day of March, 2010, during Regular Session. i:t/ WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of March, 2010. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ~ 'J1~PqL~(4 ~ ~ T"eresa>}"olaski , . Deputy Cler.:k ~f'; :' '. ~ ..' . . ~ ~~. ."/> : . ,: ,:'~ . ,......, ..,~./' '~':' / '. ",\:~ '" ~,~';'.Utd I" Airport Leasing Policy Agenda Item No, 148 January 11, 2011 Page 29 of 30 '- 11. 12. 13. 14. 15. 16. 17. lB. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 2B. Off Airport Car Rental Operations. Taxi Cab, Limousine, and/or Bus Operations. Courtesy Vehicle Operations. vending Machine Operations. Airport brochure display/distribution operations. Display Cabinet Operations. Advertising signs on Airport. Advertising signs off Airport. Utility Easements. Automobile Parking. Food, Beverage, and/or Merchandising Concessions. Government Leases. Aviation Easements. Operating Privilege Agreements. Clubs. Skydiving. Hangar License Agreements. Other. Agreements, which the Authority shall not entertain: Consistent with Department of Transportation, Federal Aviation Administration order 5190. 6A, the Authority shall retain proprietary exclusive rights of the following aeronautical services: 1. Sale of aircraft fuel to others 2. Rental of Aircraft T-Hangars 3. Rental of ramp space to others for aircraft tie-downs or any other purpose. "--, The Authority shall not permit any tenant, licensee or other occupant of any airport to engage in any of the above referenced aeronautical services. The Authority shall provide those aeronautical services with its own employees and resources. SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS The following guidelines shall be used when airport management negotiates agreements. This policy is not all-inclusive and, where exclusions exist, application of professional airport leasing practices shall be applied on a case-by-case basis. Rates and Charges Each airport sub-tenant, sub-subtenant, licensee or occupant user of the airfield shall pay the then applicable and appropriate rate or fee for such tenancy or use. An annual Consumer Price Index (Cpr) increase may be imposed every year on all ground sub- leases for use of land. A "Rate Structure" updated and approved by the Authority annually will serve as a guide when negotiating --- -5- Airport Leasing Policy Agenda Item No. 148 January 11, 2011 Page 30 of 30 '--" fees. In addition to annual CPI increases, sub-leases may reflect a rate adjustment every three (3) to five (5) years in accordance with the appraisal section of this policy. Adjustments may reflect the appraised value, CPI increase, or the current rental-rate, whichever is greater. Costs of new construction may because of commercial practicability may require a fixed rate over a reasonable period of time (in accordance with the Terms of Lease section). Caps on rent and/or fee increases may be imposed by percentage valuation or by fixed dollar amounts. Terms of Lease Agreements will be sufficient to permit capital investment. At no time shall agreements where the facilities are then owned by the Authority, exceed a term of five (5) years. Where new construction is proposed by a sub-tenant, additional years may be permitted but in no case shall the term ever exceed twenty-nine (29) years because the lease between Collier County and the Airport Authority does not exceed thirty (30) years. Title to Improvements Title to all fixed improvements constructed or installed on sub- leased premises shall remain with the sub-lessee. Upon termination of the agreement, said improvements shall become the property of the Authority or, at the Authority 1 s sole option. The Airport Authority may require the sub-lessee to remove said improvements and restore the ground to its original conditiorl, all at no cost to the Airport or the County. Materials Terminal building: The Authority will provide maintenance, heat and light, but will not provide service, revamping or other day-to-day service in tenant's leased or licensed area unless the applicable specifies that the Authority shall be compensated services. structural janitorial any sub- agreement for such Airfield: The Authority will maintain all public use runways, taxiways and aprons. Ramps and aprons sub-leased or otherwise provided to sub-tenants or any other occupants will be maintained by the sub-tenants or occupant of any description. Land and Building: Sub-tenants may be required to provide all maintenance of land and utility service to leased or licensed land and/or buildings. The Authority shall be sole judge of the quality of maintenance and, upon written notice, may require immediate improved maintenance. If such maintenance is not performed, the Authority may perform such maintenance and invoice the costs of the maintenance to the tenant; licensee or occupant. Non-payment of said invoice will be grounds to terminate the -6-