The URL can be used to link to this page

Backup Documents 01/08-09/2013 Item #14A1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 14AI TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through muting lines it thmnah #4 C.n..,.,1Pt.. rhP ter, > r,�. —A f ..,. —A . c.,e �:,..,... 11:__ uCN Route to Addressee(s) (List in routing order -- - --- - Office Initials Date 1. a ro nate. (Initial) Applicable) 2. .0e Item Number 3. I*b , A' 4. Jeff Klatzkow County Attorney Number of Documents 3 5. BCC Office - Board of County Commissioners Attached 6. Minutes and Records Clerk of Court's Office U ?M I 1 (t'f3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Debbie Brueggeman Phone Number (239) 642 -7878 Ext. 34 Contact a ro nate. (Initial) Applicable) Agenda Date Item was .0e Item Number Approved by the BCC I*b , A' Type of Document Second Amendment to G and Lease Number of Documents 3 Attached Agreement with Turbo Servtc Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not a ro nate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from 2V�\e_, contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all change made during the meeting have been incorporated in the ttached document. The County Attorney's Office has reviewed the changes, if a licable. 1: Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09 14A1 MEMORANDUM Date: January 14, 2013 To: Debbie Brueggeman, Operations Coordinator Collier County Airport Authority From: Teresa Cannon, Deputy Clerk Minutes and Records Department Re: Second Amendment to Ground Lease Agreement w /Turbo Services Attached are two (2) originals of the document referenced above (Agenda Item #14A1), approved by the Board of County Commissioners on Tuesday, January 9, 2013. If you have any questions, you may contact me at 252 -8411. Thank you. 14A1 SECOND AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG -TERM GROUND LEASE AND SUB -LEASE AGREEMENT THIS SECOND AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG- TERM GROUND LEASE AND SUB -LEASE AGREEMENT ( "Ground Lease ") is made and entered into this day of , ±12 by and between Turbo Services Inc., a corporation duly organized under th)t laws of Florida,, �h�&inafter referred to as "Lessee "), and the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as "Lessor "), collectively stated as the "Parties." RECITALS: WHEREAS, the Parties entered into a Long -Term Ground Lease and Sub -Lease Agreement commencing April 1, 2011 (hereinafter referred to as the "Ground Lease ") a copy of which is attached hereto; and WHEREAS, Lessee leases property at the Immokalee Regional Airport for the construction of a jet engine testing facility; and WHEREAS, on March 27, 2012, the Parties amended the Ground Lease through a First Amendment to the Long -Term Ground Lease and Sub -Lease Agreement, a copy of which is attached hereto; and WHEREAS, the Parties wish to amend Paragraph 6 of the Ground Lease (Term of Ground Lease). 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 6 of the Ground Lease, entitled Term of Ground Lease, is hereby amended to read as follows: 6. Term of Ground Lease. The term of this Ground Lease shall commence on the Commencement Date first above written, and unless terminated earlier by the Parties, shall terminate on the 5* yeaf! I date of this F4-ebease July 31, 2017. Lessee is hereby granted five annual options to renew for an additional term of one year, so that if fully exercised this Lease will be renewed for an additional five years. Each renewal option must be exercised, if at all, by written notice to Lessor, and be received by Lessor no later than 30 days prior to the end of the Term or Extended Term. If exercised, the Lease shall be extended for an additional year on all the existing terms and conditions, except that 14A1 rent shall be increased by the change in the CPI as set forth in paragraph 7 below. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Ground Lease (save rent) subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. Rent shall be doubled during any hold -over tenancy. 2. Except as modified by this Amendment, the Ground Lease, as amended, shall remain in full force and effect. If there is a conflict between terms of this Amendment and the Ground Lease, as amended, the terms of this Amendment shall prevail. IN WITNESS WHEREOF, the Parties hereto caused this Second Amendment to Long - Term Ground Lease and Sub -Lease Agreement to be executed by their appropriate officials, as of the date first above written. AS TO THE LESSEE: ��X�29A, - Witness (signature) W ,k_l i> A–_12��—_/`, (Print name) Witness (signature) (Print name) AS TO THE LESSOR: ATTEST: DWIGHT E €4fP,,, CLERK and legal sufficiency: Jeffry A.Klatzkow County Attorney ,I TURB VI ES INC. By: Tom Stout, President and CEO BOARD OF COUNTY COMMISSIONERS COLLIE CAP ACJ AIRPO T By: GE R CH COUNTY, FLORIDA, IN ITS Y AS,THE C1DLLIER COUNTY A. HILLER, ESQ. Item # _11-0 Agenda q13 Date c l�3 14A COLLIER COUNTY STANDARD FORM LONGTERM GROUND LEASE AND SUB -LEASE AGREEMENT This Long -Term Ground Lease and Sub -Lease Agreement (hereinafter referred to as "Ground Lease ") is entered into as of April 1, 2011 (the "Commencement Date "), by and between Turbo Services Inc., a corporation duly organized under the laws of Florida, whose mailing address is 1925 Banks Road, Margate, FL 33063, hereinafter referred to as "Lessee," and the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, whose mailing address is 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as "Lessor," collectively stated as the "Parties." RECITALS: WHEREAS, Lessor is responsible for operation and maintenance of the Immokalee. Regional Airport ( "Airport"), which it Sub - Leases from Collier County pursuant to a Sub -Lease agreement dated May 24, 1994, as amended, which Sub -Lease term expires May 23, 2025 ( "Master Sub - Lease "); and WHEREAS, Lessee desires to lease property, as described in the attached Exhibit "A," to construct a jet engine testing facility at the Airport; and WHEREAS, the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, finds that it is in the public interest to Sub - Lease this property to 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 Ground Lease on the following terms and conditions: 1. Conveyance. On the terms'and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Land described below. 2. Description of Leased Land. The Leased Land which is the subject of this Ground Lease is located at the Immokalee Regional Airport, Collier County, Florida, more particularly described in Exhibit "A," hereinafter referred to as "Leased Land." 3. Conditions to Convey Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Leased Land; b. Any and all existing or future zoning laws or ordinances; Page 1 of 13 14A c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to operate a testing facility for jet engines. Testing of jet engines will be conducted Monday to Friday between the hours of 8:OOam to 5:O0pm unless approved in advance and in writing by the Airport Manager. To effectuate this use, Lessee is required to construct a building as set forth below. Lessor shall have the right to terminate this Ground Lease should Lessee utilize the Leased Land or the Building (referred to collectively hereinafter as the "Premises ") in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the approved use, and such cessation of use shall continue for a period of sixty (60) days, this Ground Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor 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 Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Land. At no time will noise levels exceed 122 DB within 20 feet of the jet testing facility. 5. Lessee's Oblivation to Build and Modifications to Building. Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a building to be solely utilized for the uses described in paragraph 4 above. The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County standards. Construction must commence no later than one year from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall-have the right to terminate this Lease and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty-four (24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds Page 2 of 13 14A1 necessary to complete any proposed project, and Lessor may require, as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Notwithstanding anything to the contrary, it is expressly understood and agreed that Lessee has the right to terminate the Lease if, after the exercise of due diligence, it is unable to develop the contemplated building for any reason whatsoever. 6. Term of Ground Lease. The term of this Ground Lease shall commence on the Commencement Date first above written, and unless terminated earlier by the Parties, shall terminate on the 5s' year anniversary date of this Ground Lease. Lessee is hereby granted five annual options to renew for an additional term of one year, so that if fully exercised this Lease will be renewed for an additional five years. Each renewal option must be exercised, if at all, by written notice to Lessor, and be received by Lessor no later than 30 days prior to the end of the Term or Extended Term. If exercised, the Lease shall be extended for an additional year on all the existing terms and conditions, except that rent shall, be increased by the change in the CPI as set forth in paragraph 7 below. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Ground Lease (save rent) subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. Rent shalt be doubled during any hold -over tenancy. 7. Rent. The Lessee agrees to pay the Lessor the sum of $11,376 per annum ( "Based Rent"), in advance, for each year of the term, which includes the applicable sales tax, payable in monthly installments of $948.00, on or before the first business day of each calendar month during the term. Based Rent has been calculated on a rate of $0.14 per square foot per year. The Base Rent for any period less than a calendar month shall be prorated. Commencing with the third anniversary of the Commencement Date, and on each anniversary date thereafter, Tenant 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 is discontinued), hereinafter called "CPI." An increase in the monthly Base Rent for the third and successive Lease Years, 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. 8. Net Lease. Except for taxes and tax assessments, which is included in the Base Rent, this is a fully net lease, with Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, trash removal services, utility charges, impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to Page 3 of 13 14A1 Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages 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 Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land, including any buildings and improvements thereon, 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 Lessee. If the Premises are not in such compliance in the reasonable opinion of Lessor, 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, Lessor may cause the same to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. 11. Quiet Enjoyinent. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Ground Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. During the term hereof, Lessee may, in its sole discretion, improve, alter, maintain, or renovate the Building constructed by Lessee on the Leased Land. Any such work may be undertaken by Lessee at any time or times during the term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co- operate with Lessee in connection with such construction and agrees to execute any documents required by governmental authorities evidencing Lessee's rights hereunder and consenting to such work. During the term of this Ground Lease, Lessee may erect appropriate signage on the Leased Land and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 12. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other casualty, and 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 Lessor provides the 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 Lessor, in which event, Proceeds shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements, Page 4 of 13 14A then Lessee or Lessor may terminate this Ground 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, Lessee will cease its operations as may be necessary or appropriate. If this Ground Lease is not terminated as set forth herein, or if the Leased Land is damaged to a less than material extent, as reasonably determined by Lessee and Lessor, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. b. Condemnation. Lessor may terminate this Lease as part of a condemnation project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Ground Lease, Lessor shall retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assignment. This Ground Lease is personal to Lessee. Accordingly, Lessee may not assign this Ground Lease or sublet any portion of the building constructed on the Leased Land by Lessee without the express prior written consent of the Lessor, which consent will not be unreasonably withheld. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department, for not less than Three Million and 00 /100 Dollars ($3,000,000.00) combined single limits during the term of this Ground Lease. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. Page 5 of 13 14A1 b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage .shall include Employer's Liability with a minimum limit of One Hundred Thousand and 00 /100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. c. Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Leased Land and all of Lessee's property located on or in the Leased Land including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then - existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the course of its performance under this Ground Lease, including Employer's Non - Ownership and Hired Auto Coverage, each said policy in amounts of One Million and 00 /100 Dollars ($1,000,000.00) combined single limit per occurrence. If such amounts are less than good insurance practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. e. Pollution Liability insurance covering the accidental discharge and clean up of pollutants shall be maintained by the Lessee in an amount of not less than Five Million and 00 /100 dollars ($5,000,000) per occurrence. Such coverage shall cover third party liability and clean up coverage. f. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above- described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, 3311 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Ground Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves : the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an Page 6 of 13 14A1 endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by 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 Lessee" to the greatest extent then allowed by law: i. Abandonment of Leased Land or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Ground Lease. iii. Filing of insolvency, reorganization, plan or arrangement of banlauptcy. iv. Adjudication as bankrupt. V. Making of a general assignment of the benefit of creditors. vi. If Lessee suffers this Ground Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's loss of its federal IRS tax exempt status. viii. Lessee's failure to utilize the Leased Land as set forth in Exhibit B. ix. Any lien is filed against the Leased Land or Lessee's interest therein or any part thereof in violation of this Ground Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. X. Failure of Lessee to perform or comply with any material covenant or condition made under this Ground Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Ground Lease by giving 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 Lessor 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 Lessee, and this Ground Lease may be immediately terminated by Lessor except to the extent then prohibited by law. b. Remedies of Lessor. i. In the event of the occurrence of any of the foregoing defaults, Lessor, 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 Page 7 of 13 14A1 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 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 Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full instalhnent of rent or any other sum payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor 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 Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of 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 Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Ground Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor 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 Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Lessor's breach of this Ground Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Lessor's breach of this Ground Lease. Lessee's remedies for Lessor's default under this Ground 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 Lessor under this Ground Lease. Page 8 of 13 14q ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, 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 Ground 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 may be exercised from time to time and as often as may be deemed expedient. f. Non- Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Ground 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. 18. Lease Manual. The Lessee shall be provided with the Lessor's Lease Manual (if any), which the Lessor may be amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Ground Lease, and Lessee shall be bound by the terms of this Lease Manual, as of the 1ST day of the second month the Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Ground Lease which are in conflict with the Lease Manual, the Lease Manual shall control. 19. Rules and Regulations. The Lessee shall comply with the Lessor'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 Lessor 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. Lessee shall also comply with any and all applicable governmental statutes, rules, orders and regulations. 20. Airport Development. The Lessor 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 Lessee, and without interference or hindrance. 21- Airport Operations. The Lessee shall prevent any use of the Leased Land 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 Leased Land to such height as comply with Federal Aviation Regulations, Part 77. Page 9 of 13 14A1 Miscellaneous Legal Matters 22. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground 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 Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 21 This Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground 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 Ground 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 Ground Lease by the Parties. 24. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Ground Lease. 25. Except as otherwise provided herein, this Ground 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 a 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 Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 CC: Real Property Management 3335 East Tamiami Trail Naples, Florida 34112 If to Lessee: Tom Stout, President Turbo Services Inc. 1925 Banks Road Margate, FL 33063 Page 10 of 13 14A1 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. 26. Lessee is an independent contractor, and is not any agent or representative or employee of Lessor. During the term of this Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. 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 Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Nothing contained in this Ground 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. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee - employer relationship and that Lessor excludes 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. 27. Neither party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground 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. 28. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, 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 Leased Land, except those involved in the practice of Turbo Services' Industry and approved land use and SIC Code, including fuel and oil required to test the engines. 29. 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. 30. Lessee shall execute this Ground Lease prior to it being submitted for approval by the Board of County Commissioners, in its capacity as the Collier County Airport Authority. This Ground Lease may be recorded by the County in the Official Records of Collier County, Page 11 of 13 Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground Lease the day and year fast above written. AS TO THE LESSEE: itness signature)/ (print name) Al� 4KAV -- Witness (signature) nj'r,•a-1 6e,s (print name) AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, CLERK ffi mss• � t f ��• {�a �� Appiflv 'fs•to.foti and 1 dincy:' J 0 Tom and CEO BOARD OF COUNTY CONMESSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY 4W BY: Jerk- FRED W. COYLE, Chairman Page 12 of 13 14A1 a� �WW i JMU'IS WU- SL- LL\.I.iA8(IS\NVId Pij1SM \�9L) SjJV\2idS UFJ2if11 \tIUL- AjhLIf1S- S1Jjl'UNd \S IN 4 = J °� n BC1E6 M,£0,64.10 N of o - -- O Q I a G W Z � N O U Q N � z z G 2 N N O to J N d G U O W _^ W N* (O m v z tQ 2 .EE'9t,L MZL,80,LN 4�! � M vOi wcO COi IZz''° U44f Vl I..OPtn tv� CC) co 7 Z�C �tty�y112 mo0 anm NU2 vti KS wZV HC � ry��O wrZ 2 of gl�° "� °NZO ocai�z�za Iwo Z1.0 N m J -N Ol'E04L z¢ O=Z -0Q ^O pJ�1 j�i�QyZjW o F� I oO w�nj0o�r z,ow ?W° 7d zwW ay�wo �WrLLw m zm C) Z° mF'i`W'' sS v� ?y ^m tilo�NwW vJ w Et- EP- Q Zp0 O�IlVyyIZ .,t �W Vi (n m O Om� 0= /- }jopai pUN °O q S.^'c°.iWWmNCW.>�w °o zoo -Q N� kd20 N oocg lLJ �M¢° �b4 /1 DO� �°:z�'�� QV WHO <tiwySmJ �=mWy O U 2LC0�� Q< LL =�y=J 1� 2 6 S SW �= w= ° Of F-h Z F'Faa� mmW p5W 1-F-z� VN Z� F=-=W uw,.K V) NtW..� 1= m IN 4 = J °� n BC1E6 M,£0,64.10 N of o - -- O Q I a G W Z � N O U Q N � z z G 2 N N O to J N d G U O W _^ W N* (O m v z tQ 2 .EE'9t,L MZL,80,LN r 4�! � M 2 CC) co zz of e2 8 ii $ E N m J -N Ol'E04L - M,ED,64.10 N o U) • c f/i N coq Q N� kd20 N � O U 1, A: �e V 2LC0�� 9? � CA W w {Oa 'ZI sjL2 1 m ,mq, o � `�•1 U Z�?W 2� Oy O p V K zN +y aa ti I di m F- 6 u O U d o h =F0 W:E T182S; o t4 6 le Cr V/ hd-2 Ow N �C�7,T7 y c W Na�C)� z �. z�Zyj V Tj mew m co C m NN PN Q3N z moF -�iimo ai e`� C • G co � r � m y _ C Cl) r b CC) co zz of e2 8 ii $ c5 O J -N Ol'E04L - M,ED,64.10 N o U) • c f/i N N� kd20 N � O U 1, A: �e V 2LC0�� 9? � w {Oa 'ZI sjL2 1 m ,mq, o Oy O h ti I di W O U 4 h 14A l M w O M Cd 4A1 14A1 `Y I �• --------- . . . . . . r I � � � Q Q W � r y x nr i r .1 i V � co d, 1 • r � I _ A I t' (IUVAa7nOg NYVAIV - •6 _ . .. a c �I _ cr rc a k z z z Lif WLU wk 14A1 • • 14A1 THIS AMENDMENT TO COLLI GROUND LEASE AND SUB -LEASE AG: this ;" ` 4 v . day of t- \. � c._ , C V) corporation duly organized under the laws o Board of County Commissioners of Collier County Airport Authority, (hereinafter refern R COUNTY STANDARD FORM LONG -TERM EEMENT ( "Amendment ") is made and entered into _, 2012, by and between Turbo Services Inc., a Florida, (hereinafter referred to as "Lessee "), and the - ounty, Florida, acting in its capacity as the Collier i to as "Lessor "), collectively stated as the "Parties." j RECITALS: WHEREAS, the Parties entered into Ern agreement dated April 1, 2011 (hereinafter referred to as the "Ground Lease ") a copy of which is attached hereto; and WHEREAS, Lessee leases property 4t the Immokalee Regional Airport for the construction of a jet engine testing facility; and WHEREAS, the Parties wish to ai Modification to Building) and Paragraph WHEREAS, Lessor wishes to add 32 (Property Rights Reserved) in accoi Aviation Administration (FAA). NOW, THEREFORE, in consid consideration exchanged amongst the herein, the Parties agree as follows: 1. All of the above RECITALS are true herein by reference as if set forth fully below Paragraph 5 of the Ground Lease, Building, is hereby amended to read as fc id Paragraph 5 (Lessee's Obligation to Build and :and aph 31 (Nondiscrimination Clause) and Paragraph with terms and conditions set forth by the Federal of Ten Dollars ($10.00) and other good and valuable ;. and in consideration of the covenants contained correct and are hereby expressly incorporated Lessee's Obligation to Build and Modification to 5. Lessee's Obligation to B ild and Modifications to Buildin& Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a building to be solely utilized for the uses described in paragraph 4 above. The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall subm' it to Lessor for its approval such plans and specifications necessary to obtainI a building permit for Lessee's intended improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals end provide a written response as to whether the submittal is approved as submitted, n approved as submitted, or Lessor may provide Lessee with requested changes. If thi submittal is not approved or if Lessor requests changes, Lessee shall submit revisediplans that will meet with Lessor's approval or • incorporate the requested changes in its plans then Lessee may termir nonmaterial changes to the approve issues or operating changes to Less( from the approved plans will require not be unreasonably withheld. All I standards. Construction must comm( the date of this Ground Lease. In th within such period, then the Lessor neither party shall have any fur commencement of construction, Les completion and complete said cons from commencement, subject to del shall be solely responsible for the c( water and sewer facilities or other in Land resulting from construction or i Lessee must demonstrate to Lessor t] any proposed project, and Lessor mal construction bond or like security 1 Notwithstanding anything to the con Lessee has the right to terminate the unable to develop the contemplated b' Paragraph 25 of the Ground Lease, is • the plans. If Lessee determines not to revise ite this Ground Lease. Lessee may make plans from time to time to accommodate site ;'s use of the Leased Land. Material changes :,essor's written approval, which approval shall ans shall be in conformity with Collier County ice no later than ewe ye a eighteen months from event Lessee does not commence construction hall have the right to terminate this Lease and ier obligations to the other parry. Upon ee shall diligently pursue said construction to uction on or before twenty -four (24) months ys beyond the control of the Lessee. Lessee As of repairing any damage to Lessor's roads, astructure located within or outside the Leased ;e by Lessee, its agents, officers or employees. it it has sufficient funds necessary to complete require, as part of its approval, the posting of a assure completion of the proposed project. ary, it is expressly understood and agreed that ease if, after the exercise of due diligence, it is ilding for any reason whatsoever. amended to read as follows: i .25. Except as otherwise p4vided herein, this Ground Lease shall only be amended by mutual written consent! of the Parties hereto or by their successors in interest. Notices hereunder shall be liven to the Parties set forth below and shall be made by hand delivery, facsimile, ov4might 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 pi epaid, within the time limit. For the purpose of calculating time limits which run froi i the giving of a particular notice the time shall be calculated from actual receipt of fl.te notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notifies shall be addressed as follows: If to Lessor: County Manager Collier Pounty Manager's Office 3299 EAst Tamiami Trail Nanles.(Florida 34112 CC: 14A1 • • 14A1 If to Lessee: Tom S�ut, President Turbo rvices Inc. 1925 Bs Road Margat , FL 33063 i Notice shall be deemed to have! been given on the next successive business day to the date of the courier waybill if seni by nationally recognized overnight delivery service. Paragraph 31, entitled Nondiscrimination Clause, is hereby added to the Ground Lease to read as follows: Par read as foll 2. Ex force and e Agreement, the terms of this Amendment shall prevail. 31 Nondiscrimination Claus!; The Lessee for himself, his personal representative, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree that (1) no arson on the grounds of race color, or national origin shall be excluded from participat& in, denied the benefits of or be otherwise subjected_ to discrimination in the use ofj said facilities (2) that in the construction of any im rovements o over or under such land and the furnishing of services thereon no person on the grounds of race color or national origin ' shall be excluded from participation ' denied the bene is o or be otherwise subjected to discrimination 3 that the tenant shall use the rem! es in com liance with all other r uirements im osed b or pursuant to Title 49 Code f Federal Regulations Department of Trans ortation Subtitle A Office of the Secretiry Part 21 Nondiscrimination in Federally assisted programs of the Department of !Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said R6g,ulations may be amended. That in the event of breach of atiy of the above nondiscrimination covenants, Airport Owner shall have the ri htht tLerrnhinate the lease and to re -enter and as if said lease had never been made or issued. The rovision shall not be effective until the procedures to Title 49 Code of Federal Regul tions Part 21 are followed and completed including exercise or expiration of appe� ts. agraph 32, entitled Property Rights Reserved, is hereby added to the Ground Lease to ows: III 32 mpertv Rights Rq ervedd This lease and all provisions hereof are subject and subordinate to the terms and con itions of the instruments and documents under which the Airport Owner acquired the s biect pro]erty from the United States of America and shall be given only such effect asa will not conflict or be inconsistent with the terms and conditions contained in the lease 6f said lands from the Airport Owner, and any existing or subsequent amendments theJeto, and are subject to any ordinances, rules or regulations which have been 4 may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regi©nTal Airport. Except as modified by this Amendment, the Ground Lease Agreement, shall remain in full effect. If there is a confl terms of this Amendment and the Ground Lease ict between 2. Ex force and e Agreement, the terms of this Amendment shall prevail. 31 Nondiscrimination Claus!; The Lessee for himself, his personal representative, successors in interest, and assigns as a part of the consideration hereof, does hereby covenant and agree that (1) no arson on the grounds of race color, or national origin shall be excluded from participat& in, denied the benefits of or be otherwise subjected_ to discrimination in the use ofj said facilities (2) that in the construction of any im rovements o over or under such land and the furnishing of services thereon no person on the grounds of race color or national origin ' shall be excluded from participation ' denied the bene is o or be otherwise subjected to discrimination 3 that the tenant shall use the rem! es in com liance with all other r uirements im osed b or pursuant to Title 49 Code f Federal Regulations Department of Trans ortation Subtitle A Office of the Secretiry Part 21 Nondiscrimination in Federally assisted programs of the Department of !Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said R6g,ulations may be amended. That in the event of breach of atiy of the above nondiscrimination covenants, Airport Owner shall have the ri htht tLerrnhinate the lease and to re -enter and as if said lease had never been made or issued. The rovision shall not be effective until the procedures to Title 49 Code of Federal Regul tions Part 21 are followed and completed including exercise or expiration of appe� ts. agraph 32, entitled Property Rights Reserved, is hereby added to the Ground Lease to ows: III 32 mpertv Rights Rq ervedd This lease and all provisions hereof are subject and subordinate to the terms and con itions of the instruments and documents under which the Airport Owner acquired the s biect pro]erty from the United States of America and shall be given only such effect asa will not conflict or be inconsistent with the terms and conditions contained in the lease 6f said lands from the Airport Owner, and any existing or subsequent amendments theJeto, and are subject to any ordinances, rules or regulations which have been 4 may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regi©nTal Airport. Except as modified by this Amendment, the Ground Lease Agreement, shall remain in full effect. If there is a confl IN WITNESS WHEREOF, the Pa by their appropriate officials, as of the date AS TO THE LESSEE: Witness (signature) vv,-c,- Y--) (Print name) Witness (signature) G (Print name) AS TO THE LESSOR: ATTEST; _ DWIT 0 CLERK C� �rT Deputy 1 Att*W"iiAW�041fV " 6 41 a *Rol. �W� 9 14A1 hereto caused this first Amendment to be executed above written. Stout, President and CEO BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY BY. C'-�'4 FRED W. COYLE, Chairman E H m c 0 ch a OWN a W V z LLJa W a I �v m a s Y L 3 l0 L f0 ' �3 X47 Cf C z V U v v a Z v ti V", a z E W z W a W a Q U) lu a W a z q G S 11 C d Of C a a d 0 o0 J p J QmUj ~w Wzw H � � W d' w Q 0 uj N Q � o Op ° ¢ N p N p Z � Q O ~ C Z uMM &LU Z Z OVp mva w LLJ p w Z w Q O < (!) W se LLI T r u M M W N O Z Z LU Z `� W a(D z�� w < U W W GC w o 0 o wm(n J � 8 00 14 Al u W J z O lua F 19 a D a W U w z !M i M W LU H W m 12 IQ z W m W 1 O a f 8 ce m W z w W U. W J LU J m fa.. W z O W 0 J d 0 u W g AL 9- MEMORANDUM TO: Commissioner Hiller, Chairperson Collier County Board of Commissioners FROM: Marvin Courtright DATE: January 6, 2013 SUBJECT: AGENDA ITEM: BCC MEETING — JANUARYS,, 2013 A review of the turbine engine fast -track program has produced multiple discrepancies in development of the facility. • The Fire Code official (Collier County Fire Control & Rescue District) was correct in requesting identification of the engine make, model and type prior to approval of the site development plan. • Research has revealed and is documented that the engine identified to the EDC by the developer falls under the Office of the Inspector General and H.R.1000 as a subject of review prior to utilization in any manner other than the Federal Government. • The engine itself falls under the U.S. Department of Transportation and Federal Aviation Administration Advisory Circular AC No. 20 -142 addresses the prerequisite for review of all U.S. military turbine /turbo jet engines prior to being considered surplus. • The EDC addressed a requirement for providing fuel to the engine for testing. This matter is in violation of safety requirements requiring storage of and fueling procedures. • All of the references here are designed to prevent the engines and /or parts being made available to foreign countries. The references made here are documented and will be provided upon request. I personally believe that the turbine engine contractual agreement should be reviewed for compliance with the above referenced items. OFFICE OF THE FIRE CODE OFFICIAL Collier County Fire Control & Rescue Districts :700 North Horseshoe Drive Naples, Florida 34104 3/15/2012 Thomas G. Cannon, Chairman East Naples Fire Control and Rescue District RE: Turbo Services Planning tracking number - SDPA — PL20110001144 Building Permit number - PRBD2012020235301 Building Application number - PRBD20120202353 Mr. Cannon, I L-A- IC9__ We have assembled a time line (tab 1) and attached copies of all review comments and written correspondence to date, associated with this project. Additionally, I have attached newspaper articles associated with this project which provide some additional information, I do recognize that the news media doesn't always get the facts right but I would expect the Executive Director Collier County Airport Authority, with his background (contained in the article), to be accurate in the details of this venture. The articles (tab 2) begin on February 22,201 ]-This article indicates an interest to build an -- engine testing facility at the Immokalee Regional Airport — NO mention of Aircraft Engines, states turbine engines. The next article is dated March 30, 2011 and is a "guest commentary" by Chris Currey Executive Director Collier County Airport Authority. This article indicates that a "lease was signed with Turbo Services to construct a jet testing facility". The last article attached was published by `Business Development" on April 7,201 land was a reprint of a March 23, 2011 article. This article states the "construction of a new test facility for turbo gas generators overhauled from former aircraft engines" [emphasis added]. Please note that we have not been included in the process yet. Our first inclusion into the process was a Pre- Application (PL — 2011 -1144 (SDP)) meeting on July 5s', 2011 (tab 3). This meeting is to try to identify issues of concern or to identify obvious deficiencies in the documents presented. In most pre-app meetings, including this one, we receive very limited information since the applicant is early in the project and is trying to find out what types of things will be required through the process. Most of the information provided is a verbal description accompanied by a very preliminary site plan and NO construction documents. You will note that at that meeting the applicant was provided a list of items that needed to be to be addressed to gain site plan approval. These were the same items that they were rejected for when the later officially submitted for Site Plan approval. OFFICE (239) 689 -5650 - FAX (239) 687 -5651 I Collier County Fire t;oncroi 01 np -- 700 North Horseshoe Drive Naples, Florida 34104 er, Enowmng Utilities and SDPA second submittal which is Engineering Stormwatroved on the second round ...so i don't Transportation Pathways n other eject he SDPA second submittal or not. know if we will be the only O Respectfully sub Ed Riley, FPS Fire Code Offici OFFICE (239) 687 -5650 - FAX (239) 687 -5651 July 5, 2011 Pre- Application Meeting (SEE ATTACHED MEETING NOTES) SDPA - Site Development Plan Amendment PI-2011 -1144, Turbo Services SDPA - Site Development Plan Amendment PI-2011 -1144, Turbo Services, Review 1 Date in: 01/31/12 Date out: 02/01/12 In Fire Code Office one business day. Rejected Building Permit PRBD20120202353, Turbo Services Original Review Date in: 02/13/12 Date out: 02/28/12 In Fire Code Office ten business days. Rejected 03/01/12, 8:24 a.m. Michael Parker (Turbo Services) sends email response directly to me for one of the SDPA original review rejection comments. 03/01/12, 8:40 a.m. Michael Parker (Turbo Services) sends a second email directly to me with some additional information in response to one of the SDPA original review rejection comments. 03/01/12, 6:01 p.m. Ricco sends response to Mr. Parker's first email thanking him for his responses, but that the responses to the rejection comments must be submitted with the Correction re- submittals as this is the process that must be followed and as we no longer had the plans in our office. 03/01/12, 6:02 p.m. Ricco sends response to Mr. Parker's second email thanking him again for his responses, and to see the explanation provided in my first email. SDPA - Site Development Plan Amendment PI -2011 -1144, Turbo Services, Review 2 Date in: 03/08/12 Date out: 03/08/12 In, reviewed, released same morning. Rejected 03/08/12, 1:45 p.m. Michael Parker (Turbo Services) sends another email directly to me with narrative & summation explaining the purpose and use of their proposed building. I cannot determine if this email is in response to the rejection of the Review 2 for the SDPA review that was just performed this same morning or not, but it appears from the content of his email that he is referring to comments from both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 15 03/08/12, 5:25 p.m. Michael Parker. (Turbo Services) sends another email directly to me elaborating further on his examination of the most recent rejection comments which appears to involve both the Building Permit rejection of 02/28/2012 and the SDPA rejection on the morning of 03/08/2012. 03/08/12 Ricco had meetings throughout the day at 8:30 a.m., 1:30 p.m., 3:30 p.m., then met with Evy at the Building Dept. from around 4:00 p.m to 4:30 p.m., then met with Ed when I returned until about 5:15 p.m., and then received emergency call from home which resulted in my leaving the office with Ed's approval at around 5:25 p.m. so I did not get to any.of my afternoon emails and as I had Friday, March 9th off, I did not return to the office until Monday, March 12th. 03/12/12 Ricco had discussions with Ed based on his conversations with various entities on Friday and over the weekend. 03/12/12 in the morning, the Fire Code Official telephones Michael Parker (Turbo Services) to discuss matters. 03/12/12,11:21 a.m. Michael Parker (Turbo Services) sends an email directly to me extending his thanks —� for the phone call this morning and asks that I forward the email to Ed as Michael did not have Ed's email. The email contained a statement from Mr. Parker clarifying that they test to "prove normal operation" of the engine and not "tolerance limits." 03/12/12, 3:51 p.m. Ricco sends response to Mr. Parker's email letting him know I've forwarded his email to the Fire Code Official and then I listed Ed's email for Mr. Parker to have for future reference. 03/12/12, 4:02 p.m. Michael Parker (Turbo Services) sends an email thanking me. 03/13/12, 7:57 a.m. Ricco sends a response email indicating "no problem, Michael." 03/13/12 in the early afternoon, several additional discussions with Ed ensued and went over portions of plans.and rejection comments for the'Building Permit Correction /1 re- review to ensure consistency with the earlier-co . nversation Ed had with Michael regarding the outstanding issues and what will be required on both the SDPA and the Building Permit re- submittals. 1514t-tew f( A�J Building Permit PRBD20120202353, Turbo Services Correction /1 re- review Date in: 03/08/12 Date out: 03/13/12 In Fire Code Office three business days. Rejected (Review was completed on 03/12/12 but was held pending discussions held by the Fire Code Official with various entities) On 03/13/2012 between 3:30 p.m. and 4:20 p.m., finalized review comments for Building Permit PRBD20120202353 following discussion with the Fire Code Official and his discussion with Michael Parker (Turbo Services) on the afternoon of 03/13/12. Also modified SDPA- PL2011 -1144 permit comments to ensure consistency between the SDPA and the Building Permit comments following discussion with the Fire Code Official and his discussion with Michael Parker (Turbo Services) on the afternoon of 03/13/12. Drafted email to Michael Parker (Turbo Services) and attached rejection comments for Building Permit PRBD20120202353 and the modified rejection comments for SDPA- PL2011 -1144 permit and sent 03/13/2012 at 4:29 p.m. 03/13/12, 9:08 p.m. Michael Parker (Turbo Services) sends an email thanking me for the information and questioning how to re- submit corrections. 03/14/12, 8:17 a.m. Ricco sends a response email indicating that Building Permit re- submittals go through the Building Department and the same process they submitted their original and Correction /1 re- submittal. And that the SDPA permit re- submittal needs to go through the Planning Department and gave them the names of two individuals.who work for the Business Center under Growth Management (Michael Levy, Operations Coordinator and Everildo Ybaceta, Operations Supervisor) who could assist him with the re- submittal process. 03/14/12, 8:59 a.m. Michael Parker (Turbo Services) sends an F.Y.I. email with three photos of enclosures used for operation of GG$ engines. (SEE ATTACHED) 03/14/12, 9:32 a.m. Ricco sends a response email thanking him for the information. k tyk I cp,-- H.R1000 Wendell R. Ford Aviation Investment and Reform Act for the 21st Century (Enrolled Bill (Sent to President)) 'See. 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce '(a) OFFENSES - Whoever, in or affecting interstate or foreign commerce, knowingly and with the intent to defraud -- ' (1)(A) falsifies or conceals a material fact concerning any aircraft or space vehicle part; '(B) makes any materially fraudulent representation concerning any aircraft or space vehicle part; or '(C) makes or uses any materially false writing, entry, certification, document, record, data plate, label, or electronic communication concerning any aircraft or space vehicle part; '(2) exports from or imports or introduces into the United States, sells, trades, installs on or in any aircraft or space vehicle any aircraft or space vehicle part using or by means of a fraudulent representation, document, record, certification, depiction, data plate, label, or electronic communication; or '(3) attempts or conspires to commit an offense described in paragraph (1) or (2), shall be punished as provided in subsection (b). '(b) PENALTIES- The punishment for an offense under subsection (a) is as follows: '(1) AVIATION QUALITY- If the offense relates to the aviation quality of a part and the part is installed in an aircraft or space vehicle, a fine of not more than $500,000, imprisonment for not more than 15 years, or both. '(2) FAILURE TO OPERATE AS REPRESENTED- If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in serious bodily injury (as defined in section 1365), a fine of not more than $1,000,000, imprisonment for not more than 20 years, or both. '(3) FAILURE RESULTING IN DEATH- If, by reason of the failure of the part to operate as represented, the part to which the offense is related is the proximate cause of a malfunction or failure that results in the death of any person, a fine of not more than $1,000,000, imprisonment for any term of years or life, or both. '(4) OTHER CIRCUMSTANCES- In the case of an offense under subsection (a) not described in paragraph (1), (2), or (3) of this subsection, a fine under this title, imprisonment for not more than 10 years, or both. (5) ORGANIZATIONS- If the offense is committed by an organization, a fine of not more than -- of T FATES cf*c OIG Aviation Safety Investigations BACKGROUND For the 21" century, the top strategic goal of the Department of Transportation is to "Promote the public health and safety by working toward the elimination of transportation - related deaths, injuries, and property damage. " In support of this goal, the Department's Office of Inspector General (OIG) has made aviation safety and the investigation of suspected unapproved aircraft parts (SUP) one of its highest investigative priorities. Because of the serious safety risks associated with SUPS, Congress made it a Federal crime to intentionally misrepresent the condition of an aircraft part. SUPs include counterfeit aircraft parts, and parts not repaired or manufactured according to FAA approved standards. OIG works with the FBI, US Customs, and the Defense Criminal Investigative Service to conduct proactive undercover "stings" along with traditional investigations to combat the SUP problem. OIG also works closely with the FAA, which has regulatory oversight of the aviation industry. On April 5, 2000, President Clinton signed into law the Wendell K Ford Aviation Investment and Reform Act for the 21" Century. Section 506 of the Act, titled Prevention of Frauds Involving Aircraft or ' Space Vehicle Parts in Interstate or Foreign Commerce, substantially increased the criminal penalties for those convicted of trafficking in substandard aircraft parts. INVESTIGATIVE STATISTICS (1990 - present) • Indictments: 281 • Convictions: 256 • Fines, Recoveries, Restitution: $74 million SIGNIFICANT CASES Fine Air Services was fined $3.5 million and Aeromar Airlines was fined $1.5 million by a Federal judge in Miami following their guilty pleas. Fine Air was charged with obstruction of justice and Aeromar, with 'falsification of documents. The two cargo air carriers also must serve 4 years' supervised probation and be under a court- approved, supervised air safety program for their roles in a 1997 crash of Fine Airlines killing 5 people. Two FAA Designated Mechanic Examiners employed by St. George Aviation were convicted and jailed for administering false testing of approximately 1500 students which resulted in the students being falsely certificated as FAA aircraft mechanics. • The former owner of Cherry Air Specialties pled guilty to making false statements and conspiracy to mislead FAA officials on the airworthiness of helicopter parts he sold. One part caused the crash of a helicopter, killing the pilot and his passenger. OIG CONTACTS • David H. Gamble, Acting Assistant Inspector General for Investigations (202) 366 -1967 • Harry Schaefer, Special Agent -in- Charge and National SUP Coordinator (202) 366 -0681 • Brian Dettelbach' Senior Counsel, Office of Legislative and External Affairs (202) 366 -2083 • David Barnes, Public Affairs Officer (202) 366 -6312 • Fraud Hotline: 1- 800 -424 -9071 Email: Hotline@oig.dot.gov CAL- 9� I ca, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF OCCUPANCY This Certificate is issued pursuant to the requirements of the Florida Building Code Section 110. 1, use and occupancy, certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction for use for the following: PERMIT NBR: PRBD2012020235301 STATUS: Finaled CO TYPE: Occupancy ISSUED DATE: July 31, 2012 ADDRESS: 200 AIRPARK BLVD SUBDIVISION: LEGAL DESCRIPTION: 2 47 29 NW1 /4 OF NW1 /4, SECTION - TOWNSHIP- RANGE: 2 - 47 - 29 W1/2 OF SW1 /4 OF NW1 /4 61.29 AC UTILITY COMPANY: NUMBER OF METERS: 1 JOB DESC: Construct CBS testing facility simultaneous rev.3/27/12 PHASED PERMIT Name of the Building Official: THOMAS DEGRAM Edition of the Code under which the permit was issued: FBC 2007 w/2009 supplements Use and occupancy, in accordance with the provisions of Chapter 3 of the FBC: Type of Construction: Type VB (Unprotected) Design Occupant Load: Automatic sprinkler system is provided, whether the sprinkler system is required: Special stipulations and conditions of the building permit: • Acceptance Required Prior to CO Contact Engineering Services Inspections for more information OWNER: COLLIER CNTY ED SCOTT IMMOKALEE AIRPORT Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. 3/22/2011 Item 16.A.9. Q EXECUTIVE SUMMARY Recommendation to approve the request by the Economic Development Council of Collier County to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program for the proposed construction of a test facility at the Immokalee Regional Airport OBJECTIVE: That the Board of County Commissioners (Board) approve the request by the Economic Development Council of Collier County (EDC) to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program (Fast Track) for the proposed construction of a test facility at the Immokalee Regional Airport. CONSIDERATIONS: On January 24, 2006, the Board adopted Resolution No. 2006 -12, which superseded and replaced Resolution 2005 -409, establishing the procedures and regulatory process for the Fast Track program, which is designed to expedite development review for qualified economic development projects. The Fast Track program has specific eligibility requirements including the number of full -time jobs to be created and the average wage of the jobs. Resolution 2006 -12 is included as an attachment to this Executive Summary for reference purposes. On February 22, 2011, representatives from Turbo Services, Inc. made a presentation to the Board (Item 5C) providing an overview of their company and discussion related to the proposed test facility at the Immokalee Regional Airport. As discussed, Turbo Services, Inc., is located in ^ Margate, FL. The company overhauls Pratt & Whitney FT4 Industrial Gas Generators (former jet aircraft engines). The company sells and leases the generators and provides parts, service and training to clients. The company is seeking to construct a facility at the Immokalee Regional Airport to test operate the gas generators. The company is proposing an initial capital investment of $680,000 related to construction and purchase of equipment. On February 24, 2011, the Economic Development Council submitted a request to allow Turbo Services, Inc. to participate in Fast Track which will allow the review process related to the proposed construction to be expedited. The requirements to participate in the Fast Track program, for projects in the Immokalee Rural Federal Enterprise Community and the Immokalee Enterprise Zone are as follows: • Create a minimum of 5 new full time jobs • The new jobs must provide 50% or more of the current private sector average wage Based on the information above, Turbo Services, Inc. does not .meet the job creation and average wage criteria to participate in Fast Track as they are not creating new jobs in this phase of the proposed project. The company's goal is to expand to include the testing of third party engines, which would then generate the need to expand employment to the Immokalee location to receive, Packet Page -870- _#� t Or I cLI 3/22/2011 Item 16.A.9. set -up, test and ship engines. Therefore, the EDC has requested that Turbo Services, Inc. be allowed to participate in the Fast Track based on the overall benefits and merit of the project. Most notably as follows: • Increased Airport and FBO Revenue through the lease and fuel sales • Increases airport air and ground traffic • Immokalee Airport recognition through domestic and international clientele • Local contracting and construction services needed for project • Local supplies, shipping agencies and advertising will be used by Turbo Services, Inc. • Patronage of local restaurants and accommodations • Niche market company — demand for product /services despite economic downturn • Future local employment opportunities FISCAL IMPACT: There is no fiscal impact associated with this request. Fast Track provides expedited review processes for qualifying developments, but does not involve the award of incentive funds or any other County funding. The Operations Support and Regulatory Management Office of the Growth Management Division, in coordination with the staff from the EDC, is responsible for assisting Fast Track participants as well as monitoring program compliance. GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 3 of the Economic Element of the Collier County Growth Management Plan which states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: This item is legally sufficient for Board action, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners approves the request by the Economic Development Council of Collier County to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program for the proposed construction of a test facility at the Immokalee Regional Airport. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Growth Management Division — Planning and Regulation Attachments: 1) Fast Track Application 2) Resolution 2006 -12 1*' N Packet Page -871- -* 14 W I Ca- 3/22/2011 Item 16.A.9. ECONOMIC DE) TLOPIAM,NT UOUNCII, Growing Great Ideas Economic Stimulus Program Recommendation Form for Turbo Services Name of Business 1. Economic Stimulus Programs: ❑ Broadband Infrastructure Investment X Fast Track Permitting ,'I Fee Payment Assistance Job Creation I Property I ax Stiniolus Local Match for QTl 2. Collier County 10C&t1iGn: 'i -: Westerri (.-.,Aioi GC wily- wPS1 of '4F,! CIND&r Cowity c-;a.si of X iryimoka(ee. Ent iprprisi- Gornriurulv Ent!E tpnse Zone Evergiddet, C. Ity Er-Iterprise Tune 3. Project qualifications: Nurnb !r Lill Lill :mirent 0 t�jrnhei of new Joh, resurtino trom pyciect Avg. Wage- 1 0 Total totained and nevv kobs U Avg. Wak . 1 Packet Page -874- 5. Economic impact Multipliers: NAICS Code: 221119 SIC Code: 4911 Earnings Multiplier: 1.5237 Employment Multiplier: 2.9736 Economic Development Council of Collier County Recommendation Prepared by- Beth Sterchi Effective 03i08 Packet Page -875- *- 44-1 U- 3/22/2011 Item 16.A.9. Date Date' (Pfinl Name) (Sign9ture) Approved: T a m m fie— N�! e— m" e c e k',"P' i' O d e n t Effective 03i08 Packet Page -875- *- 44-1 U- 3/22/2011 Item 16.A.9. Date Date' ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY 3/22/2011 Item 16.A.9. 3050 Horseshoe Drive North, Suite 120 • Naples. FI.34104 Locko Phone (239) 263 -8989 • Fax (239) 263 -6021 -- wwwxNd plesFlcrida.com ECONOMIC DEVELOPMENT COUNCIL o(Col/ror l ggjnf) Florida Growing Great Ideas Turbo Services, Inc. Executive Summary for Fast Track Regulatory Process Program February 22, 2011 Background Turbo Services, Inc. was founded in 2002, located in Margate, Fl. the company repairs and overhauls Pratt & Whitney FT4 Industrial Gas Generators (former aircraft jet engines from B- 707 and DC -8). The company sells and leases the generators as well as providing parts and service and training to clients. Although a small company of 15 employees, Turbo Services excels in a niche industrial market, its clients range from domestic and international power companies to governments around the globe. The proposed Immokafee Industrial Gas Generator test site will create a new revenue stream for Turbo Services and will become a self - sufficient turbo services subsidiary. The company's goal is to maintain steady growth and development to include testing of 3rd party engines. This will allow Turbo Services in the future to employ local representatives to set -up, test and ship engines from Immokalee, Fl. The benefits of locating at the Immokalee Regional Airport are many; it will increase revenue for the airport in lease and fuel sales; increase airport air and ground traffic as well as enhance recognition as an airport to Turbo Services domestic & international clients. Turbo Services will require local contractors, supplies, shipping and advertising agencies and utilize area restaurants and accommodations. The establishment of this business unit in Collier County would be Turbo Services initial step in creating a subsidiary company and could eventually expand operations that would require full time staff to maintain the test site operations. Even though the company wants to expand in Immokalee the expansion plans are contingent on being able to quickly permit, lease and build a facility at the Airport. The EDC, therefore, recommends that the BCC grant Turbo Services, Inc. participation in the Fast Track Regulatory Process Program, as outlined above, to encourage Turbo Services to locate and create an Industrial Gas Generator Test Site at the Immokalee Regional Airport. Packet Page -876- Feb 22 2011 1:35Pf1 Turbo Services Inc. + (954]96- "--- 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW Turbo Services, Inc Name of Business Immokalee Test Facility Project Tide or Code Narne (1 -5 word description) FOR EDC USE ONLY Date Recetved Date Revised Date Completed EDC Project Number Contact the Economic Development Council of Collier County to discuss your project and application before submitting a forma! proposal. The completed and signed application must be filed with: ECoNomic DEvELoPMENT COUNCIL a(Gnfbn (;nuyrp, ftoriaa G avAn j Groat ideas 3050 North Horseshoe Drive, Suite 120 Naples, Ir L 34104 Phone: 239. 263 -8989 Fax: 239 -263 -6021 www.eNao{es%rida com Efferbve la'07 ' Page , of 8 Packet Page -877- Client AQprcvezu/ it ials] el—N. .1\ Feb 22 2011 1:35PM Turbo Services Inc. --V (9541967- ., ,� 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW A. Nerve of Business Unit: Turbo Services, Inc B. Muffing Address: 5449 NW 24`" Street sa"rAddt9G6 Margate FL 33063 C. D. Ma city t of Parent Company: SAME nary Business Unit Contact: Tom Stout : President / Director ling Address: 5449 NW 20 Street SftotAddrose FL 33063 Teiiphone: 954 - 968-6336 Fax: 954 - 968 -6337 Entail: tom(caturboservices.net Website: www.turt>oservices.net E. Bu Iiness Unit's Federal Employer Identification Number: F. Business Unit's Unemployment Compensation Number. G. Business Unit's Florida Sales Tax Registration Number: H. Collier County Business Tax Receipt Number: I. Is the business unit minority owned? Yes ❑ No X If yes, explain: NIA 54- 2080097 24983768 16- 8012912546 -9 TSD J. What is the business unit's tax year teat: Jan 1 to Dec 31): Jan 1 to Dec 31 A. Which of the following best describes this business unit: ❑ New business unit to Florida X New business unit to Collier County ❑ Existing Collier County business creasing and 1 or retaining jobs If an expansion, how many jobs are currently in the expanding business unit? 1 B. How* many individuals are employed at all Florida Locations? 15 C. Horir many Individuals are employed at all Collier County locations? d D. Are!any jobs being transferred from other Florida locations? Yes � X No ❑ If yes, how many jobs and from where? TBD Effective 101071 Pape 2 d E Packet Page -878- CNent Appmved (idials) 4- 144- � c� _ Peb 22 2011 I:35PM Turbo Services Inc. (954196^ ^^ 3/22/2011 Item 16.A.9. i GENERAL PROJECT OVERVIEW E. Gi a full description of this project, including the prirnary business activities 1 fu�ctions: Turbo Services' primary business is the overhaul of industrial gas generators, specifically, the Pratt & Whitney FT4. Units sometimes require operational testing prior to being retumed to service with customers. Turbo Services is working towards bullding a best facility on Immokalee Regional Airport property to test ooerate aas generators. F. VVW is the project's Targeted Industry(lies): industrial Power Generation I G. Bra &k down the aroiect's primary function(s) and the corresponding wages: Project Business Unit Activities 1•IA1CS Function CodeISIC Code _ I= ion I Annualize Wage (Sj Commercial & Industrial _811310 100% TBD Mathinery And E uipment ' I /*1 H. What is the project's proposed location address: imr_riokalee Regional Ai rt Suss pddre�ss immokalee FL TBD C* stare - zip cone What is the project's current location address (if different): NIA` Sceer Aoares _ —_ ..... NIA' N/A NIA City - -- State ZpCode 1. Is the project location within a current or proposed Brownfield site i area? Yes 4 X No ❑ if ,yes, aawh a copy of the official document designating the Brownflefd area. Is the project location in an Enterprise Zone? yes i X No ❑ If yes, which zone? Immokalee Enterprise Zone J. Which of the following describes the applicant's operations (select all that apply): ❑ Multi -state business enterprise ❑ Multinational business enterprise X Florida business enterprise K. Which of the following describes this business unit (select all that apply): Regional headquarters office ❑ National headquarters office ❑ Intemational headquarters office X This is not a dedicated headquarters office L. What is the estimated percentage on gross receipts or final sales resulting from this project that will be made outside of Florida (if sales is not a reasonable measure, use another basis for measure and provide explanation below): TBD %v Explain, if necessary: Effective 1OW'. Page 3 of 8 Client Approved Onitials> Packet Page -879- n /-11.1 Feb 22 2011 1:35PM Turbo Services Inc. i�-A- t (9541 95r ^ ^ ^3/22^ - /2011 Item 16.A.9. GENERAL PROJECT OVERVIEW A. Hov� many jobs are expected to be created as part of this project? TBD B. If a�I existing business unit, how many jobs are expected to be 15, _ Construction ! Renovations rets ned as part of this project? (jobs in jeopardy of leaving Collier MARGATE, TBD Cou s ty should only be included here; these jobs are not eligible for QTf) !=L G. Whit is the annualized average wage for existing Broward County R &EI Equipment $NfA employees indicated in 3b? S42,D00 D. I Whit is the anticipated annualized average wage (excluding TBD TBD benefits) of the new to Collier County jobs created as part of this 7BD TBD pro,IIOct? (Cash payments to the employees such as performance bonuses and overtime should be included.) TBD E. Whit is the average value of benefits associated with annualized eactr new job created as part of this project? TBD F. What benefits are included in this value? (health insurance, 401(k) contributions, vacation and sick leave, etc.) TBD A. Describe the capital investment In real and personal property (Examples; construction of newfacility; remodeling of facility; upgrading, repiacing, or buying new equipment. Do not include the value of land purchased for construction of a new building): Construction of New Facility, Purchasing of Equipment B. Will this facility tae: X Leased space with renovations or build out ❑ Land purchase and construction of a new building ❑ Purchase of existing building(s) with renovations ❑ Addition to existing building(s) (already owned) X Other (please describe in 4A above) C. Listl the anticipated amount and type of major capital investment to be made by the applicant in connection with this project: (attach separate schedule if investment will be made over more than three ears Year 1 l Year 2 Year 3 _ Land $TBD $T-- I TBD -- _ Construction ! Renovations $950,000 TBD TBD Manufacturing Equipment $500,000 TBD I TBD R &EI Equipment $NfA TBD I TBD i Other Equipment (computer egwp:rern, eFfioefurnttura, etc. - __._ - -- $30,000 TBD TBD Totail Capital Investment Sfi$0,000 7BD TBD D. Whit is the estimated square footage of the new or expanded facility? Etfeetive 10107 Page 4 of 8 Packet Page -880- 21700 Client Approved iinrfiai�i -U-- [4- *-1 c,a- Feb 22 2011 1:35PM Turbo Services Inc. (954)96" """" - —� - 3/22/2011 Item 16.A.9. n GENERAL PROJECT OVERVIEW ASAP, Upon Board of j County Commission E. WhOn is the final location decision anticipated (date)? Approval ASAP, As soon as all F. What is the anticipated date construction will begin? permits are in place. G. Wha'irt is the anticipated date operations will commence? ASAP 5. I 0. LANDSCAPE A. What role will the Incentive(s) play in the business unit's decision to locate, expand, or remain in Collier County? Fast Track permitting is critical to our project to remain competitive in our mar�setpla ce. B. What other cities, states, or countries are being considered for this project? Kendall, FL C. What advantages or incentives offered by these locations do you consider Imp�Ortant In your decision? Laud Lease Rates, Construction Estimates And Assistance In Expediting Approval Processes � f i D. lndiicate any additional internal or external competitive issues impacting this project's location decision? Working Relationships With Airport Management and Local Government & Related Age r Gies r A. Provide a brief synopsis of the special impacts the project is expected to stimulate in the community, the state, and the regional economy. Include the impact on indicators such as unemployment rape, poverty rate, and per capita income, (1000 words or more) +add sheets if necessary Increased Airport & FBO Revenue (Lease & Fuel Sales 9 Construction & Increase In Sales For Local Service Businesses, Restaurants & Hotels Future Local Employment Opportunities Increase In Collier County And Immokalee Airport Recognition Due To Turbo Services' International Clientele B. Provide a summary of past activities in Florida and in other states particularly as they relate to environmental or growth management impacts. For example, wha) kind of corporate citizen has the applicant t em?' Also list awards or commendatio � �-9ective 10,'071 Page 5 of Client Approved (initials) Packet Page -881- --:4— ►4 A- ( c�.. Feb 22 2011 1:35PM Turbo Services Inc. (854)96" �— 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW Tu o Services' Primary Business Is A Service To Power Generating Clients Such As Iorida Power S Light. Company Services & Products Conform To Marufacturer (Pratt & Whitney) Environmental Performance As Relates To Product Operation_ Turbo Services' Positive And Favorable Reputation And Ma6t Share is A Direct Result Of its Management & Employees And Their Deification To Delivering A Reliable And Superior Product That Is Able To Supply Power As Promised. Turbo Services Guarantees Its Service And Products. C. UsCand explain any criminal or civil fines or penalties or ongoing investigatlons that have been imposed upon the company, its executives, or Its Wiliates and any recent bankruptcy proceedings of the applicant or its parent company. NONE D. Prod lde any additional information you wish to be considered as part of this Incentive application or Items that may provide supplementary background info mation on your project or company. Tha�specific reason Turbo Services is looking to build in Immokalee is to create a tesffacility In which our product (overhauled gas generators) may be tested and retuined to service with our clients. The proposed facility will enable Turbo Se4iees to be autonomous and no longer subject to the stress involved in testing at co etitor locations. Competitor test facilities are distant and in disrepair. Further, as competitor, Turbo Services struggles with test schedules, inflated prices and poor service while attempting to work at a competitor's test facility. In1i I Ily, Turbo Services plans to lest only its own product at Immokalee. This is astir rated at 2 tests per month. Once the test facility, processes and systems are proven. Turbo Services can elect to open itself to test 3rd party generators as a self - sustaining business subsidiary. It is at this point Turbo Services will be able to hire locall representation to be trained to operate the facility and oversee operations. Groirrth will be linear, in synch with dernand and contracts to test additional generators. Turt o Services clientele travel from locations as close as t=ort Lauderdale to courtnes as far as Ghana and Australia to examine our progress and witness generator tests. Turbo Services maintains a small fleet of corporate aircraft to fac41tate in clientele movement and entertainment. Turbo Services' test facility at Immokalee Airport is important to our success because we can fly infout with ease, thin benefiting local businesses including the FBO facility, fuel sales, local attractions, restaurants and accommodations. Each test will bring approximately 12 peopple by air' and car. Each test will require at least 2 overnight stays. Turfho Services operates in a niche market, industrial commercial power generation, very much a necessity to power suppliers and countries. We are fortunate that polder requirements are in demand regardless of the downturn in housing and conistruction markets and the recession as a whole. Wehave attached our Power Point Presentation with more detailed information /� Thahk you Effective IW7! Page 6 of 8 Client Approved __f!' _, (in „iais) Packet Page -882- r Feb 22 2011 1:36PM Turbo Services Inc. [954296- -- 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW "You' may request that your project Information (including information Ined in this application) be confidential per F.S. 288.875, Confidentiality of records for a 12 month period, with an additional 12 month extension available upon request for projects still under consideration. Please indicate your confidentiality preference; El: Yes x No ***Be sure to attach the proper incentive attachment sheet (s)*'* ERSv ire 10!07! Page I of g Packet Page -883- Mm t Approved ;ir►itiaYs) Feb 22 2011 1:36PM -*-*A-1 CP - Turbo Services Inc. (954)96" ^ ^ ^^ - ^ 3/22/2011 Item 16.A.9. GENERAL PROJECT OVERVIEW A l!c�� com sated B To th - owled e, the PP /i l P T. 9 i inf coati i I ed in this Tom Name / Director Title i Turbo Services, Inc SAME j Address, ¢f different than mailing address 954 -96$I 6338 Phone NtUmber 4 954 -96$ -6337 Fax plum tarn @tt rboservices.net Email Adress 1128/2011/ Date I I SAME 1 Name of icontad person, If different than above SAME 1 Phone Number SAME Address E SAME i Emall Adddress Effet;ive 101071 1*\ REQUIRED Tom Stout Name President 1 Director Ttle Turbo Services, Inc Company SAME Address, If different than mailing address 954- 968 -6338 Phone Number 954 -968 -6337 Fax Number tom@t irboservices.net Email Address /1281201 Z Date Page 8 of 6 Packet Page -884- Client Approved (initials] /1N Feb 22 2011 1:3EPM Turbo Services Inc. (95419( 3/22/2011 Item 16.A.9. i Economic Stimulus Program Attachment to the General Project Overview Turbo Services. Inc. Name of Business i iYusr be a awPa►tite business unit ar reporting unit of a ne unl chat is or will be registered whh the SW* of Florids for unempk'VMWdlcompa►saeion ,awposes. iMPORTMT NOTE: This application must be filed and the incentive approved priorto making the decision to expand an existing Collier County business unit or to locate a new business unit in Collier County. Phasei Number of net now fulFtlrne equivalent Collier Vate by which jo i County jobs created in the business unit be created I - 11 TBD -- 9130/2012 _TgD 9/30/2013 9/30/2014 A. For thia purposes of eerbfication, agreement, and claim review, indicate the average wage and corresponding threshold (percentage) to which you commit for all new jobs created: $TBD, which is at teas# ±BQk of the average wage in Collier County. B.rollier County Business Tax Receipt Number: TSD- Not in Business in Collier Co. yet C• How many jobs are currently employed at all Collier County locations? 0 D. 1filhat is the annualized average wa 1G.? '$0 ge {excluding t +enefrts} of the empioyeas iridicaied i fair . 99 A identify the local government(s) anticipated to provide local financial support: TL�rbo'Services would like to garticipate iri Fast Track Permitting to exaedlie the construction of our new test facilily. E. Ir(dicote the date(s) the approval is i arc anticipated to be passed by the local ^ government: foarch /Apri120'11 the applicant ever participatect in an EDG• assisted P o rarrt'l ❑'Yes X No If Yes, how many now and retained! jobs were includied in that project? _._— f►. + ype OT Project (check all that Permit OTenant Improvement �: seise{ 03. ?tom Other Packet Page -885- 'ai8 Die rd Apa :Ive .� - --4 i,ni!isisj ,*,*N _. no Fet, 2�2 20 1 1 1 :97P11 Turbo Services l.nc. -I- t�L4I ( 954) 3/22_/2011 Item 16.A.9. �.." B. Sft Foo Number: MD. lmmpjCalea Regional Airport C. ProjeO Street Address•& Suite dumber: TBD, Immoka!ee Regional Airport D. Legal description: TBD, lmmokakt a Regional Airport E. Owner Developer Marne: Turbo Services, Inc. PR�ne: 954- 96.8 -6338 Email: tomCcDturboser+rices.net Fax: 954 - 968 -6337 F. A4rchUctural Firm: Hawk Fulwicler & Aswc. Contact: Jack Hawk j Phone: 954 -360 -3603 Email: Fax: G. Enairieering Firms: TBD Contact: Phone: Entall: Fax: H. Contractor: TBD Conte ct: l ?harm: Email; Fain I "other:: (i.,&. Ancorney, 1, and Fliannef I Sao Contact: Phone: kmaii . F. ex = t i AcKGRWND cHEci< j mot° .., iAvi r• :r. t; t". :.cic.,r3'iif.:;J •YT•iie rfKiA #( $.._ a.ets. :Ei ill 1..,a iit'E: .._t :.ti.. {exu ;e.c, ! #a..r. :- . ,.._yr ..CHV- ,�'� y�r �✓±; !'usu {1#f.! !'S.C;�1,. Gf,: <`lk'C� .�- �'19:'� :�. y[3 �. (�rr. Packet Page -886- i Feb 22 2011 . 1:37PM Turbo Services Inc. I J nature of Individual Completing this Attachment Addrte Nance and Title of Authorized Officer ii °i45L+7 p3 "t1g �-A- ( Cq- 195419- 3/22/2011 Item 16.A.9. P, 1 1 DaEe 4 szr - ct,& e -=6 .3. _a 8 Phone Number Packet Page -887- �a;,e3d6 Feb 22 2011 1:3 7PM Turbo Services Inc. c AttecF ment A: Bales & Res General from project to Regulatory' Process program —Site selection —Hire contractors, consultants, engineers, architects j — Submit development Order application within 60 buusiness days of acceptance as a Fast Track'projsct — Attend p pptication meeting, if possible —Attend ssduted meeting to discuss outstandin issues as needed. ! —Att&acl a �Ie d qualify businesses under ttse Fast Tracrogram — contact Special Projects Manager as soon as a �Ompany is qualified. -- Attend th4 pro-application meeting. Maintain bonsistent contact with Special Projects Manager to ensure tirreframes are being met.` + — Monthly mview status of projects, j particularly those with issues or potential issues I -- Attend scheduled meeting to discuss outstanding issues as needed. —Copy all vested parties with correspondence. Revised 63108 -I--- ► `-� A- I c.9, 195419 3/22/2011 item 16.A.9. nsibilitles —Pzena Pro-application meeting with sufficient plans for quality review Submit complete application that meets current LDC and other code requirements — Submit updates after receiving rejection comments, within 20 business days Attend scheduled acting to discuss outstanding issues as needed. Provide guidancrt on permitted use of site. Organize preaPP meeting * Lead project Team • Handle dispute resolution by involving appropriate decision makers Shepard projects through the Process from start to finish/manage project plan * Main point of contact for EDC, applicant and owner • Prepare monthly status mportsJemphasis on exception or rod flag" items • Schedule hearings and external meetings, as required • Provide value -added services such as occasional site visits when untie.; _ _u►nstruction __ -- Develop project team _- * Attend pre - application meting • Review submissions within stated number of business days R Attend scheduled meeting to discuss outstanding issues as needed. ■ Ccpy all vested pasties with correspOnde,nos. �- Packet Page -888- age 4 018 C 1CM Approved — ✓l__(i.r4a[s ) F Feb 22 2011 1:37PM Turbo Services Inc. -A- ! it-)+ ( C. ( 954) 9i 3/22/2011 Item 16.A.9. Attachment B: Potential Obstacles There are Certain known issues that can lead to a less than smooth approval Process, as listed below. At the pre - application meeting (or Before then if applicable) the Special Projects M �nager will complete this section relative to the facts as presented at that time. Items that may cause a delay Anticipated Delay and related information Requires M- zoning: Site in exiting PUD. Site contains wstiands: Site requires an Environmental Impact Stdternont: LDC amendment required: Pet-mits from outside agency: _ Utilities issues: t3tnee: (i5i iS 1701 intended to t>a Fxhausfive of ail irerns tnat may id ra t t?3�c3ays l!) lriE ap :��! �f7CFSS, 7it iti t :8 17t:i t CC1rr1177t1r+ cs(TCF' fFi;SF rc: significantly void up th& swift approval of theproie::i. rroie: t Notes (Special Pro er-ts Manager ;'terns the;Develo er or Aeaoiicafvt Aishes to disclose concernin_unusu,a: reaul ernents: Y e *ed C3vGc' Packet Page -889- Coedit- ppr�.ac % _l:nttiels) Feb 22 2011 1: 38PM Turbo Services Inc. ( 954 1 9 3/22/2011 Item 16.A.9. i Attachment C: Proposed Timlel' p me (to be coil pleted at pre - application meeting) Hre-�appficatian meeting - Special Projects Day 1 i Submit .' ete SDP yr PPL (within 60 days of FT Applicant Dsy 30 ' acce tance First re - -SDP (7 business days] Project team Day 4& First reviews- PUD (15 business days] First re-sub ittai - SDP or PUD [must address all Applicant Day 65 comments 20 business days).. Second review - SDP or PUD (7 business days) Pry at Team f AvolY far clin A llcant g Hermits First review building permits 25 business da s_.. ; Project Team - - First re- subii�ittal - building permits (20 business Applicant _- ds) I Second review - building permits 25 business da s Project Team AA Approval -SDP _ - royal - — -. uilding permits - -- nticipated iCQ date , We, the undersigned, fully accept our roles and responsibilities in ttus project and have n offered all Information in good faith and in an attempt to be thorough. We recognize that new information may be presented as the project moves through the review phases. We also recognize that until the review process begins it is not reasonable to identify every possible isisue with a project. As any new material information is identified that may cause a change tp this plan in any way, the Special Projects Manager is to be contacted to coo rdinati as needed. i -, k=� 0-wner!Deireloper Name: Gate: _ 2. - , ! • .ppiicara NamE:: s : ct -`� Jate_ c i5 ADC Peprasantatfve: Beth Sterc:?ii` -____ Dafe� 2'121'? t C01 ier Cortnty Special Projects Manager Narne- w Remw 03,108 /0_\ Packet Page -890- Client Approue '�e (inhials; /114 1 CP 16G 114 FIRST AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG -TERM GROUND LEASE AND SUB -LEASE AGREEMENT 11rj THIS AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG -TERM GROUND LEASE AND SUB -LEASE AGREEMENT ( "Amendment ") is made and entered into this yj day of tl �c, ii`<_`_ 0 , 2012, by and between Turbo Services Inc., a corporation duly organized under the laws of Florida, (hereinafter referred to as "Lessee "), and the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as "Lessor "), collectively stated as the "Parties." RECITALS: WHEREAS, the Parties entered into an agreement dated April 1, 2011 (hereinafter referred to as the "Ground Lease ") a copy of which is attached hereto; and WHEREAS, Lessee leases property at the Immokalee Regional Airport for the construction Z7of a jet engine testing facility; and WHEREAS, the Parties wish to amend Paragraph 5 (Lessee's Obligation to Build and Modification to Building) and Paragraph 25; and WHEREAS, Lessor wishes to add Paragraph 31 (Nondiscrimination Clause) and Paragraph 32 (Property Rights Reserved) in accordance with terms and conditions set forth by the Federal Aviation Administration (FAA). 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 5 of the Ground Lease, entitled Lessee's Obligation to Build and Modification to Building, is hereby amended to read as follows: 5. Lessee's Obli atg ion to Build and Modifications to Building: Lessee shall design, permit and construct in compliance with all governmental regulations, at its sole cost and expense, a building to be solely utilized for the uses described in paragraph 4 above. The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or 16G 1 incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County standards. Construction must commence no later than one year eighteen months from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty -four (24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds necessary to complete any proposed project, and Lessor may require, as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Notwithstanding anything to the contrary, it is expressly understood and agreed that Lessee has the right to terminate the Lease if, after the exercise of due diligence, it is unable to develop the contemplated building for any reason whatsoever. Paragraph 25 of the Ground Lease, is hereby amended to read as follows: 25. Except as otherwise provided herein, this Ground 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 a 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 Ground Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 CC: veal Pfepet4y Management 3335 East Tamiami Rail Executive Director Collier County Airport Authority 2005 Mainsail Dr., Ste. 1 Naples, FL 34114 -o=- AVa i 16G If to Lessee: Tom Stout, President Turbo Services Inc. 1925 Banks Road Margate, FL 33063 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. Paragraph 31, entitled Nondiscrimination Clause, is hereby added to the Ground Lease to read as follows: 31. Nondiscrimination Clause The Lessee for himself, his personal representative successors in interest and assigns as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race color, or national origin shall be excluded from participation in denied the benefits of or be otherwise subjected to discrimination in the use of said facilities (2) that in the construction of any improvements on over or under such land and the furnishing of services thereon, no person on the grounds of race color or national origin shall be excluded from participation in denied the benefits of or be otherwise subjected to discrimination, (3) that the tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49 Code of 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 and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re -enter and as if said lease had never been made or issued The provision shall not be effective until the procedures to Title 49 Code of Federal Regulations Part 21 are followed and completed, including exercise or expiration of appeal rights. Paragraph 32, entitled Property Rights Reserved, is hereby added to the Ground Lease to read as follows: 32. Property-Rights Reserved This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands from the Airport Owner, and any existing or subsequent amendments thereto and are subject to any ordinances, rules or regulations which have been or may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regional Airport. 2. Except as modified by this Amendment, the Ground Lease Agreement, shall remain in full force and effect. If there is a conflict between terms of this Amendment and the Ground Lease Agreement, the terms of this Amendment shall prevail. 1 ¢ ! C'2 16G 1 IN WITNESS WHEREOF, the Parties hereto caused this first Amendment to be executed by their appropriate officials, as of the date first above written. AS TO THE LESSEE: C Witness (signature —Dc-urc�– mac° c cc e v�u Y'i (Print name) Witness (signature) -Tfqo"rr) (Print name) AS TO THE LESSOR: ATTEST: DWIGHT- E,• BROCK, CLERK CF C, Tom Stout, President and CEO BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY BY: FRED W. COYLE, Chai an EXECUTIVE SUMMARY -9- NA- I C& Recommendation that the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, approve the attached Second Amendment to the Long -Term Ground Lease and Sub -Lease Agreement with Turbo Services, Inc. OBJECTIVE: To extend the termination date of the Long -Term Ground Lease and Sub -Lease Agreement with Turbo Services, Inc. for its jet engine testing facility at the Immokalee Regional Airport. CONSIDERATIONS: The Collier County Board of County Commissioners (BCC), acting in its capacity as the Airport Authority, approved a Long -Term Ground Lease and Sub -Lease Agreement (Ground Lease) between the Airport Authority (Lessor) and Turbo Services, Inc. (Lessee) to construct a jet engine testing facility at the Immokalee Regional Airport on March 22, 2011, Agenda Item 13A2. The BCC approved the First Amendment to the Ground Lease to extend the date by which construction had to begin, change the address for notices to be sent to, and incorporate clauses requested by the Federal Aviation Administration into the Ground Lease on March 27, 2012, Agenda Item 16G1. Because the Lessee made significant design changes to the facility to improve sound absorption, _ and securing the required permits for construction of the facility took longer than anticipated, construction of the facility commenced later than initially projected. Turbo Services received the Certificate of Occupancy (CO) for its facility on July 31, 2012. The term of the Ground Lease commenced on April 1, 2011, and unless terminated earlier by the Parties, the Ground Lease shall terminate on the 5h year anniversary from the commencement date, with five annual options to renew for an additional term of one year. In order to provide sufficient time for Turbo Services to reach its break -even point and recoup its capital investment, the Parties wish to revise the termination date of the Ground Lease to July 31, 2017 to coincide with five years from the date of the CO, with five annual options to renew for an additional term of one year. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: None. ADVISORY BOARD RECOMMENDATION: At its November 5, 2012 meeting, the Airport Authority Advisory Board voted unanimously to recommend that the Board of County Commissioners approve the attached Second Amendment to the Long -Term Lease and Sub - Lease Agreement with Turbo Services, Inc. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK 4 li� 14-- C dL, RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached Second Amendment to the Long -Term Ground Lease with Turbo Services, Inc. at the Immokalee Regional Airport. PREPARED BY: Chris Curry, Airport Authority Executive Director