Backup Documents 03/27/2012 Item #16G 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO V1
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 rout' lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Of nice
Iitil
(List in routine Initials
orderl Date
Q
3.
4. Jeff Klatzkow
5. Ian Mitchell, BCC Office
Supervisor
6. Minutes and Records
County Attorney
Board of County Commissioners
Clerk of Court's Office
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
Contact
Debbie Brueggeman
Phone Number
N/A (Not
(239) 642 -7878 Ext. 34
Agenda Date Item was
Approved by the BCC
March 27, 2012
Agenda Item Number
16G1
Type of Document
Attached
First Amendments to Turbo Services
Ground Lease Agreement
Number of Original
Documents Attached
3
1NfiTR1TT1nNC R, f niwt`wir 7e'T
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS 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
1.
appropriate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
(Initial)
Applicable)
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
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 Office and all other parties except the BCC Chairman and the Clerk to the Board
U,
37
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
Fp%
signature and initials are required.
k'
5.
In most cases (some contracts are an exception), the original document and this routing slip
N/A
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
1
Some documents are time sensitive and require forwarding to Tallahassee within a certain
�S
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 3 -27 -12 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count
Attorney's Office has reviewed the changes, if applicable.
l: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16G 1,
MEMORANDUM
Date: April 2, 2012
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: First Amendment to Ground Lease Agreement between
The Collier County Airport Authority
and
Turbo Services, Inc.
Attached for your records, are two (2) originals of the document referenced above,
(Item #16G1) approved by the Board of County Commissioners on Tuesday,
March 27, 2012.
The Minutes and Record's Department has kept one original document as part of
the Board's Official Record's of the Board.
If you have any questions, please feel free to call me at 252 -7240.
Thank you.
16G lry
FIRST AMENDMENT TO COLLIER COUNTY STANDARD FORM
LONG -TERM GROUND LEASE AND SUB -LEASE AGREEMENT
THIS AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG -TERM
GROUND LEASE AND SUB -LEASE AGREEMENT ( "Amendment ") is made and entered into
this ' y. j day of 1 ti �c� a`c_ \') , 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
of 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 Obligation 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 Ye r 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: Real Pr-epet4y Management
3335 East Tamiami Rai
Naples, Flefida 34112
Executive Director
Collier CountyAirport Authority
2005 Mainsail Dr., Ste. 1
Naples, FL 34114
16G am
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 ivgL en 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.
16G
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:
Witness (signature
(Print name)
Witness (signature)
—T 6(y � 5 V, r, 0
(Print name)
AS TO THE LESSOR:
ATTEST:
DWIGHT-,& BROCK, CLERK
IV ,)D CF
ice` °�►,�;� "'
F
Tom Stout, President and CEO
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
BY: CP
FRED W. COYLE, Chai an