Agenda 09/15/2009 Item #14A
Agenda Item No. 14A
September 15, 2009
Page 1 of 23
EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners approve and
authorize its Chairman to execute the attached twenty-five (25) year sub-lease agreement
with the Department of Military Affairs Armory Board Florida Army National Guard
(National Guard) for 26.41 acres at the Immokalee Regional Airport for the construction of
the Collier County Readiness Center. The imputed rent for this sub-lease agreement will
be deducted from the debt the Airport Authority owes the County.
OBJECTIVE: That the Collier County Board of County Commissioners approve and
authorize its Chairman to execute the attached sub-lease agreement with the Department
of Military Affairs Armory Board Florida Army National Guard (National Guard) for 26.41
acres at the Immokalee Regional Airport for the construction a military Readiness Center,
whereby the imputed rent for this sub-lease agreement will be deducted from the debt the
Airport Authority owes the County.
CONSIDERATIONS: It is anticipated that the activities and operations that will be
created by the presence of the National Guard at the Immokalee Airport will have many
positive and beneficial impacts to the Airport, the community and Collier County by
creating recruiting, education and training support positions and by bringing an Army unit
to the community that operates some of the most advanced military equipment in support
of federal missions. Additionally, it will position soldiers ready to respond to the
GovernorlS call to State Active Duty in response to emergencies or natural disaster, which
could include aviation related activities such as aircraft transport rescue and evacuation
missions and readiness operations, including hurricane preparedness and supply delivery
by aircraft.
Federal Aviation Administration regulations require that the Airport Authority receive Fair
Market Value (FMV) rent for this sub-leased land.
The BCC loans money to the Authority to subsidize the management, operations and
capital development of the Airport.
The BCC adopted Resolution No. 2007-146 (Agenda Item No. 16G7, June 12, 2007) that:
. authorized the AuthorityLs Executive Director to negotiate, and bring back to the
BCC for its approval, an agreed-upon twenty-five (25) year sub-lease agreement
with the National Guard, and
. subject to FAA approval, would reduce the AuthoritylS debt repayable to the County
by the FMV of the leasehold.
--
The Authority negotiated the attached twenty-five (25) sub-lease agreement with the
National Guard for 26.41 acres (1,150,419.6 square feet) at an initial FMV rent of ten
cents ($0.10) per square foot. The imputed rent for the first year of the sub-lease shall be
one hundred fifteen thousand forty one dollars and ninety six cents ($115,041.96). For
each subsequent sub-lease year the annual imputed rent shall be increased by one
percent (1 %). Additionally, the imputed rent shall be increased at the end of the fifth,
tenth, fifteenth, and twentieth sub-lease years to the then current FMV land lease rate as
Agenda Item No. 14A
September 15, 2009
Page 2 of 23
defined by the Authorityrs Rates and Charges.
The FAA has reviewed and approved the proposed sub-lease agreement for sufficiency.
FISCAL IMPACT: The Airport AuthoritylS debt owed to Collier County will be reduced by
the then current FMV rent for this sub-leased 26.41 acres of land each year of the
leasehold.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with the Boardrs approval of this Authority is request.
LEGAL CONSIDERATIONS: The sub-lease has been reviewed and approved by the
County Attorneys Office. The National Guard has been requested to return the sub-lease
with the two required witness signatures, and the lease will be forwarded to the BCC for
signature after receipt of the required signatures. This item is legally sufficient for Board
action. 0 CMG
.,.....-.
RECOMMENDATION: That the Collier County Board of County Commissioners approve
and authorize its Chairman to sign the attached sub-lease agreement with the Department
of Military Affairs Armory Board Florida Army National Guard (National Guard) for 26.41
acres at the Immokalee Regional Airport for the construction a military Readiness Center.
The imputed rent for this sub-leased space will be deducted from the debt the Airport
Authority owes Collier County
Prepared by: Debbie Brueggeman, Operations Coordinator, Collier County Airport
Authority.
.-
rUb!;;; I VI I
Agenda Item No. 14A
September 15, 2009
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
14A
Meeting Date:
This item to be heard immediately following Item 12B at 100 p.m. Recommendation that the
Collier County Board of County Commissioners approves and authorizes its Chairman to
execute the attached twenty-five (25) year sub~lease agreement with the Department of
Military Affairs Armory Board Florida Army National Guard (National Guard) for 2641 acres
at the Immokalee Regional Airport for the construction of the Collier County Readiness
Center. The imputed rent for this sub-lease agreement will be deducted from the debt the
Airport Authority owes the County. (Theresa Cook, Airport Authority)
9/15/2009 900:00 AM
Prepared By
Debra Brueggeman Administrative Assistant Date
County Manager's Office Airport Authority 9/2/2009 8:44:57 AM
Approved By
Theresa M. Cook Executive Director Date
County Manager's Office Airport Authority 9/2/20093:41 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 9/4/2009 10:25 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 9/4/2009 11: 10 AM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 9/8/20094:10 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 9/8/2009 5:59 PM
Agenda item ~~o. 14A
September 15, 2009
Page 4 of 23
ImmokaIee Regional Airport - Non-Aviation Land
Milltary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Milltary Affairs Armory Board, Sub-Lessee (Tenant)
THIS LICENSE and Sub-Lease Agreement, made as of the day of , 2009, by
and between the Collier COlDlty Airport Authority ("Authority"), a political subdivision of the State of
Florida, as Landlord and the Department of Military Affairs Armory Board as the Sub-Lessee
("Tenant");
WITNESSESTH THAT, for and in consideration of the covenants contained herein, the Authority
does hereby lease to Tenant those certain "Leased Premises" within the Immokalee Regional Airport,
Collier County, Florida, as more particularly described and illustrated on Exhibit "A."
1. The Premises.
The Premises Described. The Authority hereby sub-leases to the Tenant twenty six point four
one (26.41 acres of real Pro a roximatel located in the SW comer of adrant # 35 of
Section T.46.S and R.29.E of the United States Geological Survey, and as depicted on the Airport
Layout Plan (ALP), which real property is more particularly described in Exhibit "A" legal
description and survey attached hereto and incorporated herein by this reference, together with an
easement for ingress and egress to the property ("Premises"),
2. Terms.
a. Effective Date of Agreement. This Agreement shall have no force or effect until the
Authority has actual physical possession of one (1) original of this Agreement (including an
Exhibits) fu]]y signed by the Tenant (with two attesting witnesses), fully signed on behalf of
the Authority (with two attesting witnesses), signed as "approved to fonn and legal
sufficiency" by an attorney employed by Collier County, and signed by the Chairman of the
Co]]ier County Board of County Commissioners ("BCC"), and witnessed by the Deputy
Clerk:. The date this Agreement is fully executed by the Chainnan of Collier County Board
of County COmmissioners is referred to in this Agreement as the "Execution Date."
b. Agreement Term. The term of this Agreement shall be twenty-five (25) vears ("Agreement
Tenn") commencing on the "Commencement Date," as hereinafter defined, and terminating
twenty-five (25) vears after that Commencement Date, The Commencement Date shall be
the first day of the first full month following the issuance or receipt of a certificate of
occupancy for the completed facility. The Certificate of Occupancy will be attached as
Exhibit "B" and those dates filled in the following sentence. The Commencement Date is:
day of , 20_, The termination date shall be the last
day of that month in year 20_,
c. Possession of the Premises by the Tenant shall be deemed to begin on the Execution Date of
this Agreement even if the Tenant is not actually then in possession of the Premises. Collier
County Ordinance No. 2004-03, as amended, provides that only the Collier County Board of
County Commissioners is authorized to agree to any extension of the Agreement Term.
d. Renewal Option. The Authority agrees to offer the Tenant a right to renew this lease under
the tenns and conditions provided herein with a minimwn of six (6) months written notice to
the Authority. The Board of County Commissioners of Collier County must approve any
renewal period.
~"Is)
(Tenant S 111a
Page I of 16
Agenda Item No. 14A
September 15, 2009
Page 5 of 23
Immokalee Realonal AIrport - Non-Aviation Land
MiIltary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department ofMiUtary Affairs Armory Board, Sub-Lessee (fenant)
3. V se of the Premises.
a. Permitted Vse. Tehant, its sub-sub-Iessees, or assignees shall have use of the Premises only
for the construction and use of an approximately 50,000 square foot military quartermaster
facility (similar to an Annory) and associated outdoor storage. No building or land shall be
used except for the purpose of military and government and associated uses and authorized
activities of the Tenant, or assignees or sub-sub-Iessees, approved pursuant to the "Permitted
Uses," recognizing that each use and structure must still be properly pennitted by Collier
County through a Certificate of Occupancy or occupational license, as the case may be.
Moreover, no use and/or occupancy shall disturb the peaceful enjoyment of any other tenant
or other occupant at the Airport, and all uses and occupancy shall always conform to all then
current (as then revised or superseded) laws, standards, rules, regulations, and codes.
b. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful
performance of such covenants, agreements and conditions required by law, and/or by this
Agreement, shall and may, peaceably and quietly have and enjoy those portions of the Airport
authorized for Tenant's use. Such use shall be free from molestation, eviction or disturbance
by the Authority or any person claiming by, through, or under The Authority, subject to the
terms and conditions of the law or agreement entered into. Such quiet enjoyment is
conditional upon Tenant adhering to the conditions, provisions and tenns set forth in this
Agreement and without limitation, all other laws, codes, rules and lor regulations referred to
anywhere in this Agreement.
c. Rules Bnd Regulations. All activities conducted at the Airport will be done in adherence to
the Authority's Airport Policies and Procedures, the tenns of this Agreement and any other
then applicable Federal, State, County and local Laws, Ordinances, Rules and Regulations.
4. Rent
Rent to be Imputed to Tenant but Not Paid. Beginning on the Commencement Date, annual
rent shall be imputed to the Tenant, but the Tenant shall not pay Rent. The amount of the annual
imputed Rent shall be determined by multiplying ten cents ($0.10) per square foot times twenty
six point four one acres (26.40 or (1,150,419,6 square feet). Therefore, the imputed Rent for the
first sub-lease year shall be One hundred fifteen thousand forty one dollars and ninety six cents
($115,041.96). For each sub-lease year subsequent to the first sub-lease year the armual imputed
Rent shall be increased by one percent (1 %), which increase shall become effective on the
anniversary of the Commencement Date throughout the tenn of this Agreement. Additionally,
the imputed Rent shall be increased at the end of the fifth sub-lease year to the current Fair
Market Value (FMV) (as defined by the Collier County Airport Authority Rates and Charges)
land lease rate per square foot per year. The imputed Rent shall be increased again at the end of
the tenth, fifteenth, twentieth, and twenty-fifth anniversaries of the Commencement Date to the
then current FMV land lease rate per square foot per year. For record keeping purposes imputed
Rent payments shall be billed (invoiced) to the Tenant at the end of each fiscal year. Each fiscal
year throughout the tenn of this Agreement, the Board of County Commissioners shall deduct all
such imputed Rent from money loaned by Collier County to the Airport Authority to manage and
operate the Immokalee Airport, whereby the Airport Authority retains all such deducted money
,,1. m;'m.'
Page 2 of 16
Agenda Item No. 14A
Qont",mhor 1 I; ?nnq
Page 6 of 23
Immokalee Regional AIrport - Non-A viadon Land
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (reBant)
for the use and benefit of the Immokalee Airport as if such deducted money had been paid by the
Tenant to the Airport Authority,
S. Time Restrictions for CODstnlctioD of Initial Development
Construction. Construction will be executed of an approximately 50,000 square-foot military
Readiness Center (as customarily defined in American Institute of Architect General Conditions
Document AIA 201) no later than one (I) year after the U.S. Congress appropriation of military
construction (MILCON) fimds specifically for Project Number 120175A, as programmed through
the National Guard Bureau (NGB).
6. Notices. Whenever any notice is required or pennitted hereunder, such notice shall be in writing.
Any notice or document required or pennitted to be delivered hereunder shall be deemed to be
delivered whether actually received or not, when deposited in the United States mail, as Certified
Mail, postage prepaid, return receipt requested, and addressed to the parties at their respective
addresses, as set forth below. Tenant shaH have a continuing obligation to notify the Authority's
Executive Director, in writing, of each and every change in this address. The Authority shall also
have a continuing obligation to notify the Tenant in writing of each and every change to its
address, if any.
Collier County
Airport Authority
2005 Mainsail Drive, Ste. I
Naples, FL 341 14
Department of Military Affairs Armory Board
State Quartennaster
Post Office Box 1008
2305 State Road 207
St Augustine, FL 32085-1 008
7. Liability.
a. The TENANT represents that it has insurance coverage under state risk management and
NGB regulations
b. To the extent permitted by state law and the Federal Tort Claims Act, the TENANT agrees
to hold hannless and defend Collier County, the Board of County Commissioners of
Collier County, Florida, and The Collier County Airport Authority, their agents and
employees, from any claims, assertions or causes of action for any loss, injury or damage
to persons or property arising from or associated with the TENANT'S use ofthe Property.
c. Construction IBsurance~ Tenant shall maintain and provide proof to the Authority of
bonds, construction insurance and/or all other insurance required by Collier County Risk
Management Department. Such proof of construction insurance must be provided to the
Authority's Executive Director prior to commencement of construction.
8. Federal Aviation Administration Sub-Lease Agreement Clauses
a. Airport Purposes. The land, all rights-of-way, buildings, structures, improvements, and
all personal property to which this Sub-lease Agreement transfers any right, title or interest
to Tenant must and shall be used on reasonable term and without unjust discrimination and
without grant or exercise of any exclusive right for the use of the airport within the
meaning of the terms "exclusive right." As used herein the word "airport" shall be
~
(Tenant's [nitials)
Page 3 of [6
Agenda Item No. 14A
September 15, 2009
Page 7 of 23
Immokalee Reglcmal Airport - Non-Aviation Land
MiUtary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of MWtary Affairs Armory Board, Sub-Lessee (renant)
deemed to include at least all such land, buildings, structures, improvements, rights-of-
way 8I)d all such personal property.
b. Repair and Maintenance. Tenant shall always provide timely and adequate repair and/or
maintain all buildings, structures, improvements, facilities (including utility facilities),
trees and aU other foliage, and all personal property during and throughout the remainder
of the useful life of each such item or tangible and intangible property, including to the
extent as may be determined by the Administrator of the Federal Aviation Administration
(FAA) (or his or her successor(s)). Tenant shall obtain new and/or additional material as
then required to rehabilitate, promptly maintain and/or repair buildings, structures,
improvements, facilities, rights-of-way and items of personal property, including by
demolition (or any other removal) of the then existing counterpart buildings, structures,
improvements, facilities. rights-of-way and/or personal property. All repairs and
maintenance will comply with all then applicable laws, rules and regulations with regard
to each such item, including, if applicable. to such extent authorization or approval is
required from the FAA and/or from any other then applicable regulatory agency of Florida
and/or the Government of the United States, including restricting. controlling, and
regulating heights and locations of manmade objects, trees and all other objects of natural
growth or terrain to prevent airport hazards and incompatible uses. All activities and
construction will be incompliance with then applicable statutes, rules and regulations.
including Chapter 333, Florida Statutes, and Part 77 of 14 Code of Federal Regulations.
c. Rights to Flight Reserved. The County and/or the Airport Authority, reserve for the use
and benefit of the public, a right of flight for the passage of aircraft in the airspace above
the surface of the premises herein conveyed. This public right of flight shall include the
right to cause in said airspace any noise inherent in the operation of aircraft used for
navigation or flight through the said airspace or landing at, taking off from or operation of
the airport.
d. No Airport Hazards. That insofar as it is then within its power. Tenant shall adequately
and promptly clear and protect all aerial approaches to the Airport by removing, lowering,
relocating, marking or lighting, or otherwise adequately mitigating all airport hazards
whatsoever, and by preventing establislunent and/or creation of any and all additional
airport hazards subsequent to acceptance of a sub-lease. Tenant shall prohibit the erection
of structures. or growth of natural objects that would constitute an obstruction to air
navigation, and will prohibit any activity on the sub-leased Premises that would interfere
with or be a hazard to the flight of aircraft over the land or to and from the airport or
interfere with air navigation and to communication facilities serving the airport.
e. No ExclusIve Rights. No exclusive right, as defined in Section 516 of the Airport and
Airways Improvement Act (or otherwise now or hereafter defined by applicable laws,
rules and/or regulations) for use of the Airport at which the Premises is sub-leased to
Tenant. shall be vested directly or indirectly in any person(s), entity or entities. to the
exclusion of others then in the same class. The term "exclusive right" is defined to
include:
(T 1'5 Initials)
Page 4 of 16
Agenda Item No. 14A
September 15, 2009
Page 8 of 23
Immokalee Regional Airport - Non-Aviation Land
MlDtary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of MUitary Affairs Armory Board, Sub-Lessee (Tenant)
1. Any exclusive right to use the airport for conducting any particular aeronautical
activity requiring the operation of aircraft; or
11. Any exclusive right to engage in the sale or supply of aircraft, aircraft accessories,
equipment or supplies (excluding sale of fuel oil), or aircraft services necessary for
the operation of the aircraft, aircraft engines, propellers and appliances,
(. Property. Except to the extent then mandated by laws, rules, regulations, or contract(s),
no property transferred by a Tenant (and any item of replacement of any of the same -
buildings, structures, personal property, etc,), shall be used, licensed, leased, sold,
salvaged, or disposed of by Tenant for other than airport purposes without the then
required written consent of the Administrator of the FAA, which consent should be
granted only if and when the then authorized Administrator detennines that the respective
property can be used, licensed, leased, sold, salvaged, or disposed of for other than airport
purposes without materially and adversely affecting the development, improvement,
continued and continuous operation, or maintenance of the Airport. No building(s) or
structure(s) disposed of shall be used as an industrial plant, factory or similar facility
within the meaning of any then applicable Federal law, rule or regulation, or Florida law,
rule and/or regulation, unless Tenant shall take such actions as the Administrator of the
FAA or hislher successor in function and/or authorized representative(s) of the
Government of the United States, the State of Florida, and/or any regulatory agency of the
State of Florida shall detennine to be required.
g. Non-Discrimination, No person on the ground of race, color, or national origin, shall be
excluded from participation in, be denied the benefit of, or be subjected to discrimination
in the use of the Airport facilities or the furnishing thereon.
h. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground
operations on and above the swface of the Airport, when conducted in accordance with the
then existing Federal Aviation Regulations, together with the right to cause such noise, odors
and other disturbances as may be inherent in such operation
9. Construction and Ownership of Improvements, Liens, and Other Encumbrances.
8. Permit Applications. Tenant's Pennitting Applications must be submitted to each applicable
pennitting agency as required for development of land at the Premises described and
surveyed, and proof provided to the Authority.
b. Certificate of Occupancy. Tenant shall provide to the Authority's Executive Director Proof
of Tenant's Certificate of Occupancy. This item shall be attached to this Agreement and
thereafter be made a part of this Agreement as Exhibit B.
c. Correspondence. Tenant shall promptly copy the Authority's Executive Director with a
copy of all submittals and all correspondence between the Tenant and each Federal, State and
County Agency involved in the subject permitting and/or legal issues, if any, regarding the
Premises. This includes responses to permits, letters and emails from each such permitting
(f~ Initials)
Page 5 of 16
Agenda Item No. 14A
c....I-'~~".b.v. ":::, :000
Page 9 of 23
r
Immokalee Regional Airport - Non-Aviation Land
MUltary Government license and Sub-Lease Agreement
CoUier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (fen ant)
I
agency. The Executive Director may inform Tenant in writing that some such items are no
longer required to be supplied to the Executive Director.
d. Proposed Improvements. The Tenant is required to construct improvements on the
Premises in accordance with aU applicable Federal, State of Florida, Collier County and
local codes, pennits, rules, and regulations, and all applicable Federal Aviation
Administration Rules, Advisory Circulars, Design Standards, or other governing and/or
related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their
review and approval. A copy of which shall be submitted to the Authority upon submittal to
the FAA and no later than ninety (90) days after the Execution Date of this Agreement. A
copy of the response or detennination from the FAA shall be provided to the Authority no
later than ten (10) days after Tenant's receipt from the FAA.
e. InstaBation and Maintenance of Utilities. Collier County warrants that all utilities which
are necessary for the conduct of Tenant's authorized activities are available on the Airport.
However, Tenant shall obtain and install underground at no cost or expense to Collier
COlUlty or the Authority, an electrical, gas, water, sewer and any other utility service needed
to connect to and to receive available utility service, subject to the then current development
guidelines, rules and regulations and/or building code of the State of Florida and/or Collier
County and/or the Authority. Tenant shall pay all monthly utility charges.
f. Site Development Plan. An amendment of the SOP specifying the Premises and the
proposed Tenant's improvements must be submitted to and approved by Collier County
before Tenant may begin development. This will require that Tenant prepare and submit to
the Authority, in the manner and detail required by Collier County, information on its
proposed development. The cost of all licenses and permits and any applicable impact fees
relating to the specific Premises development shall be at Tenant's expense.
g. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way
as constituting the consent or request of the Authority, express or implied by reference or
otherwise, to any architect, engineer, surveyor, contractor, subcontractor, etc. (at every tier),
laborer, material man, supplier or mechanic for the performance of any labor or the
furnishing of any materials, supplies or services requested by Tenant for or in COIUlection
with the Premises or any part thereof. Notice is hereby given that neither Collier County nor
the Authority shall be liable for any labQr or materials, supplies or. services furnished or to be
furnished to Tenant upon credit, and that no mechanics or other lien for labor, materials,
supplies or services shall attach to or affect the fee or reversionary or other estate or interest
of the Authority or Collier County in the Premises, or in any improvements, or in this
Agreement. All Persons dealing with the Premises and with Tenant are hereby put on notice
that Tenant does not have the power to deal with the Premises in such a manner as to
authorize the creation of mechanics liens, by implication or otherwise and all Persons
making improvements to the Premises, either by doing work or labor or services or by
supplying materials or supplies thereto, at the request of Tenant or Persons dealing by,
through or under Tenant, are hereby put on notice that they must look solely to Tenant and
not to the Premises or any part thereof or to any improvements, or to this Agreement for the
ant's Initials)
Page 6 of 16
Agenda Item No. 14A
September 15, 2009
Page 10 of 23
Immokalee Regional Airport - Non-Aviation Land
Military Government License and Sub-Lease Agreement
Collier County AIrport Authority, Sub-Lessor (Authority)
Department of Mllltary Affairs Armory Board, Sub-Lessee (Tenant)
payment of any services, labor, materials or supplies performed upon or delivered to the
Premises. "Persons" refers to individuals and all entities,
h. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect
to the performance, commencement, or completion of any of the work to be performed by
such party under this Section if such failure to perform, commence, or complete any or all of
such work is due to circumstances beyond its control, such as, and not limited to, a strike,
lockout, labor dispute, shortages of materials, supplies or labor, fire or other casualty,
litigation or governmental action or inaction, or delay or acts of war, including acts of
terrorism. For pwposes of this Section the acts of a third party shall not be deemed to be
within the control of Authority, Collier COWlty or Tenant unless Authority, Collier County or
Tenant, respectively, authorized such acts,
I. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted
shall not constitute the assumption of any liability by the Authority for the compliance or
conformity of the Tenant's Plans with applicable building codes, zoning regulations, or
county, state, and federal laws, ordinances, and regulations, nor for their accuracy or
suitability for Tenant's intended purpose. Tenant shall be solely responsible for Tenant's
Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the
Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that
they comply with applicable building codes, zoning regulations, county, state, or federal laws,
ordinances, or regulations, and to make such construction changes as are necessary so that the
completed work is in conformity with the Tenant's Plans as amended, In the event the
Authority refuses to approve Tenant's Plans, the Authority shall notify Tenant of the changes
required to be made, and Tenant may revise Tenant's Plans to incorporate the required
changes and then resubmit ~vised Tenant's Plans to the Authority for approval. The
Authority shall attempt to reply in writing to Tenant's submitted Plans within forty-five (45)
days after Authority's receipt of the submitted Plans, regarding Authority's approval,
approval subject to required changes, or other response to Tenant regarding Tenant's
submitted Plans. Tenant shall always be granted a reasonable time to make the required
amendments or otherwise comply with the Authority's respective written response to Tenant.
j. No Liability RegardlngPermitting or Other Authorization. Neither Collier County nor
the Authority, nor any officer, employee representative of agent of either, shall be liable in
any way whatsoever for any developmental permitting and/or any other permitting,
permission or other authorization that is not completed to the desires of Ten ant for any reason
whatsoever, including and not limited to financial restraint(s), management, seen and/or
unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any other
circumstances whether or not under the control of Collier County and/or the Authority, and/or
any now existing, new, amended and/or superseding Florida law(s)and/or Federal law(s),
State of Florida and/or Federal mandates, rules, regulations related directly or indirectly to
any and all such permitting, mitigation or any other reason that does or may impede and/or
delay Tenant from fulfilling its obligation under this Agreement.
;ls Initials)
Page 7 of]6
Agenda Item No. 14A
September 15, 2009
Page 11 of 23
Immokalee Regional AIrport - Non-Aviation Land
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department ofMlUtary Affairs Armory Board, Sub-Lessee (fenant)
k. Aircraft Hazards. Tenant acknowledges and agrees that the Authority reserves the right to take
any action it considers necessary to protect the aerial approaches of the Airport against obstruction,
together with the right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on or adjacent to the Airport which, in the opinion of the Authority, would limit the
usefulness of the Airport or constitute a hazard to aircraft.
10. Condtdon, Maintenance and Repain of Lease bold and Improvements Thereto.
a. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind
erosion is present, Tenant, at no cost or expense to Collier County or the Authority, must
promptly carry out erosion control practices to mitigate the erosion. These practices include,
but are not limited to, drainage facilities constructed and maintained by Tenant, landscaping,
and/or seeding and maintaining of vegetation on Tenant's Premises. Tenant is responsible for
erosion of Tenant's site only, unless some unauthorized, un-permitted Premises alteration
results in erosion onto any neighboring site or land. "Neighboring" is not limited to
"adjacent" site or land.
b. Compliance with Environmental Law.. Tenant shall promptly notify the Authority of the
release of any hazardous substances on the Premises or other act or omission that results in
the environmental contamination of the Premises. Tenant shall comply with all applicable
Environmental Laws pertaining to the protection of the environment, including but not
limited to those regulating the possession, storage, handling, and disposal of Hazardous
Materials. Further, neither Tenant nor any agent or party acting at the direction or with the
consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous
substance as defined in Section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended from time to time (CERCLA), or
petroleum (including crude oil or any fraction thereof) on any part of the Premises or the
Airport; provided however, that this sentence shall not prohibit Tenant from storing,
dispensing, or using Hazardous Materials on the Premises if such activities are conducted in
accordance with all applicable laws and regulations. Tenant shall not install any petrolewn
storage tanks on the Premises or the Airport without the prior written consent of the
Authority.
c. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials
subject to regulation by the EP A, or by Florida Department of Environmental Protection,
or by any other governmental Authority shall be stored or disposed of on the Airport
except in accordance with then applicable Federal, State and local laws, codes, rules and
Regulations.
d. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs;
including approval by means of Collier County Sign Permit(s). The Tenant shall be
responsible for all cost and expense of installing, maintaining and repairing all such signs.
Tenant shall not install, erect, paint or maintain any temporary signs or advertising
displays, such as banners, balloons, flashing signboards, and/or any similar visual devices
whatsoever, except to the extent that such are then authorized by Collier County Code and
are also approved in writing by the Authority's Executive Director.
11. Laws and Authority.
~)
Page g of]6
Agenda Item No. 14A
September 15, 2009
Page 12 of 23
bmoo~R~nu~rt-No.A~adooLud
MlUtary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (fenant)
a. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the
Authority, shall fully comply with all laws, regulations, rules, ordinances, and requirements of
the applicable City, County, State and Federal authorities and agencies which affect this
Agreement, the land granted by this Agreement, any improvements upon the Premises, and/or
operations thereon. Such compliance shall be with any laws, regulations, rules, ordinances or
requirements, which have been or may be enacted or promulgated during the effective period
of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of
the same as specified in the respective law, regulation, rule, ordinance, or other requirement.
b. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to
take those necessary and legal actions required to safeguard any person, entity, aircraft,
equipment and/or property at the Airport and or reasonably adjacent to the airport. Tenant
agrees to abide by every suspension, restriction, and/or designation of specific procedures
applicable to any or all Airport operations whenever the Authority or its designees, or any
other governmental authority or agency (such as the FAA) may impose any ofthe same.
12. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or
delegate any right or duty granted by this Agreement, nor the Premises, including improvements
constructed or occupied in accordance with this Agreement, all of the same shall be void ah initio
absent prior express written consent of the Authority, which consent shall not be unreasonably
withheld. The Authority may condition such consent upon an increase in the Rent up to the then
existing fair market value, and may require other conditions or covenants before consenting to
any of the same. Such additional Rent, conditions or covenants shall be in accord with the tenns
and conditions for similar agreements in effect at the Airport at the relevant time(s). If this
Agreement is assigned, sub-subleased, or otherwise transferred or delegated, all clauses herein
binding the parties hereto are also binding on any and all successors and/or assigns, unless
specifically authorized in writing by the Authority. No novation shall be authorized unless
expressly approved by the Authority and Tenant shall have a heavy burden proving actual
necessity for any partial or whole novation.
13. Notice of Default, Compliance and Termination.
a. Notice Required. The Authority's Executive Director shall provide the Tenant with written
notice of any determination of default. The written notice shall always grant Tenant a
reasonable time to cure the default(s), and Tenant may request additional time to cure, which
will not be unreasonably withheld or denied. Notice shall be deemed to have been actually
received by Tenant if (l) the Executive Director mails such notice to the Tenant's last known
mailing address irrespective of whether Tenant actually receives such notice, or (2) such
notice is posted on the Premises.
b. Non-Waiver of Rights. Continued performance by either party hereto pursuant to any
provision of this Agreement after a default of any provision herein shall not be deemed a
waiver of any right to cancel this Agreement for any subsequent default, and no waiver of any
such default shall be construed or act as a waiver of any subsequent default irrespective of
how long the default may have existed.
c:nant's Initials)
Page 9 of 16
Agenda Item No. 14A
September 15, 2009
Page 13 of 23
Immokalee Regional Airport - Non-Aviation Land
Milltary Government License and Sub-Lease Agreement
Collier County AIrport Authority, Sub-Lessor (Authority)
Department of MiUtary Aftaln Armory Board, Sub-Lessee (fen ant)
Co Agreement Remains Binding. All provisions of this Agreement remain binding upon the
Tenant while the Tenant is in default, and if this Agreement is terminated due to default by
Tenant.
14. Airport Development. CoIlier County and the Authority reserve the right to further develop the
Airport as it sees fit, without unreasonable interference or hindrance from Tenant.
15. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil,
hydrocarbon and mineral rights in and under the surface of the Airport. However, the Authority
shall not conduct any operations on the surface of the Airport for the exploration, development or
recovery of the rights and substances reserved which would unreasonably interfere with the
Tenant's authorized use of the Premises and/or Tenant's other than existing rights to have access
to other parts of the Airport, without prior coordination.
16. Easements and Right orWay.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or
easements of record and aU other easements granted by the Authority or Collier County to any
other agreements or to other individuals and/or entities at the Airport, and to easements
retained by Collier County.
b. Authority's Right to Use Exlsdng Easements. The Authority and Collier County retain the
right to locate utilities as necessary on existing and future utility easements on the Airport
provided the same does not unreasonably interfere with authorized operations and/or
authorized activities of Ten ant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open
and unobstructed. Authority reserves the right to record and convey additional perpetual
easements and rights-of-way for the construction, maintenance, removal and replacement of
any and all utility lines, manholes, and related facilities through, over, across and under the
Airport for the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to EstabUsh Easements. Collier County and or the Authority may at any
time and from time-to-time relocate, in whole or in part, any easement serving the Airport,
provided that such relocation does not diminish or pennanently interrupt the rights or
operations of the Tenant nor increase the costs to be incurred by Tenant. The Authority may
temporarily intenupt operations and/or activities with respect to such Easements during the
period of relocation, and the Authority agrees to restore the Airport to a condition
substantially similar to the condition existing prior to any alterations thereto by the Authority.
No such interruptions shall be of a greater duration than is reasonable under the
circumstances.
e. Authority's RIght to Protect Aerial Approaches. The Authority reserves the right to take
such action as, in the judgment of the Authority, may be reasonably necessary to establish
and protect aerial approaches to the Airport against obstruction, including the right to prevent
persons from erecting or permitting to be erected any improvements on the Airport which
would constitute a hazard to aircraft. TIris right includes, but is not limited to Florida law,
including Chapters 332 and 333, Florida Statutes, as it now exists or may be amended and/or
superseded, and all then existing, applicable Federal laws, rules and regulations.
Page 10 ofl6
Agenda Item No. 14A
September 15, 2009
Page 14 of 23
Immokalee Regional Airport - Non-Aviation Land
Milltary Government License and Sub-Lease Agreement
CoWer County Airport Authority, Sub-Lessor (Authority)
Department of Milltary Affairs Armory Board, Sub-Lessee (Tenant)
17. Security and Safety. Tenant will fully and freely participate in the Authority's security and
safety programs as they relate to their operation and the safety and security of the Airport.
18. Airport Access. Subject to the rules and regulations established from time-to-time by the
Authority, the Tenant has the right of free access, ingress to and egress from those parts of the
Airport authorized for the Tenant's use by this Agreement. Such access also applies to the
Tenant's employees, agents, patrons and invitees, its suppliers of materials and furnishings of
services and its equipment, vehicles, and machinery. The Authority may, at any time,
temporarily or permanently close or consent to the closing of any roadway or other right-of-way
for such access, ingress, and any other area at the Airport or in its environs presently or hereafter
used as such. In such a case, a means of access, ingress and egress reasonably equivalent to that
formerly provided may be substituted and concurrently made available subject to the Airports
security and operational needs.
19. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor
any other individual or entity shall have no claims whatsoever against the Authority or Collier
County for any damages incurred by Tenant or any other individual and/or entity arising or
occasioned by Tenant's inability to access or use the Premises or any of Tenant's improvements
thereon, for whatever reason, provided such inability to access or use of any part(s) of the sub-
leased premises and/or any improvement(s) thereon would not then exist but for wholly
unjustified action or wholly unjustified inaction of the Authority. Tenant agrees that its sole
remedy against the Authority for loss of use of the Premises and Tenant's improvements,
regardless of the reason for such loss of use or the duration thereof, shall be an abatement of the
Rent due hereunder, or cancellation of the term of this Agreement and reimbursement for the
original costs depreciated of the improvements as determined by an independent appraiser. If
such inability to access or use the Premises or Tenant's improvements thereon was the fault of
the Authority, as stated hereinabove, and such period exceeds thirty (30) days, the parties agree
that the Term of this Agreement shall be extended by the number of days that Tenant was unable
to access or use the Premises or Tenant's improvements.
20. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by
security gate, uniform driving regulations, or otherwise, all vehicular ingress and egress to, and
operations on, the aircraft operating areas including but not limited to all taxiways, runways and
ramp areas on the Airport.
21. Termination of Agreement. At the conclusion of the Agreement's Term or subsequent
renewals, the facility and any improvements to the Premises automatically becomes the property
of Collier County upon such termination. In addition, the Authority may also require all
associated and permitted operations to cease and be removed from the Premises. This paragraph
shall not apply to Tenant's trade fixtures and/or Tenant's equipment provided each of the same
can be physically removed by Tenant without physical damage to the Premises, building and/or
structure, and each item is removed from the Premises prior to a scheduled Tennination date of
this Agreement. If the Termination date of this Agreement is not scheduled (not known to
Tenant unless and until Tenant receives written Notice of the Termination date), removal of the
items after the date of Termination shall be negotiated.
Page 1 J ofl6
Agenda Item No. 14A
September 15, 2009
Page 15 of 23
Immokalee Regional Airport - Non-Aviation Land
MDltary Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of MWtary Affain Armory Board, Sub-Lessee (Tenant)
22. AppUcable Law. This Agreement shall be controlled by the Laws of Florida and, as
applicable, Federal Laws.
23. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding
this Agreement shall be conducted in the applicable Florida Court(s) in Collier County to the
greatest extent the issues are within the Court's jurisdiction.
24. Exhibits. Exhibits A, and B attached and made part of this Agreement:
A. EXHmlT "A" LEGAL DESCRIPTION OF PREMISES.
B. EXHIBIT "B" CERTIFICATE OF OCCUPANCY
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this
Agreement to be in effect as ofthe date first written below.
Effective date of this Agreement:
Approved by Purchasing Department this
Signature & Title
day of
,2009.
Approved by Risk Management by this _ day of
Signature & Title
,2009.
TWO WITNESSES
COLLIER COUNTY AIRPORT
AUTHORITY
FIRST WITNESS
By:
Byron Meade, Chairman
Print Name
SECOND WITNESS
Print Name
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
By:
DONNA FIALA, Chairman
Deputy Clerk
!l;~"",
Page 12 of16
Agenda Item No. 14A
September 15, 2009
Page 16 of 23
Immokalee Regional Airport - Non-A viadon Land
MIItary Government License and Sub-Leue Agreement
CoWer COlIDty AIrport Allthorlty, Sub-Lenor (Authority)
De artment of Mill Aft'aIn Armo Board, Sub-Leaee (Tenant)
TWO WITNESSES
FIRST WITNESS
DEPARTMENT OF MILITARY AFFAIRS
ARMORY BOARD
By. y.uu ~f).6-;;/~
Signature . .
'JESSE D. KINGHORN, JR. ~
. DiMdar of I=Inllndal MM~'"
Print Name & Title rr'
Print Name
SECOND WITNESS
Print Name
Approved as to fonn
d legal sufficiency:
ld
&" eidi Ashton-Cicko, Assistant County Attorney
Paae 13 ofl6
Agenda Item No. 14A
September 15, 2009
Page 17 of 23
Immokalee RegIonal AIrport - Non-A viadon Land
Military Government License and Sub-LeISe Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affain Armory Board, Sub-Lessee (Tenant)
EXHIBIT "A" (page 1 of 2)
Legal Description and Survey of sub-leased area to reflect 1,150,419.6 square feet.
PROPERTY DESCRIPTION
A PARCEL or LAND LOCATEl) IN srcTrONS J4 .. ~ rotNSH/P 48 SOUTH. RANce n (AST, AND S!CnONS 2 ct ~
TOttNSHIP 47 SOUTH. RANCE 29 EAST. COLLIER COUNTy' flORIDA. BEING MORE PAR11CVJ.ARJ.Y DESCRIBED AS fGtLOJfS'
arM AT THE NafTHEAST CORNER OF tHe NORTHKf:ST OUARTER OF THe NORTHttf:ST QUARTER Of' SCCl10N 4 TO'MiSHIP
41 SOUTH. RANCE 29 EASr,. THENCE RUN AL0N6 THe EAST UN! OF 'THE NORnmrsT WARlER or THE NORTH'M:ST
QUARTER OF SAID seCTION 2 50(1111 01'0"06" fAST; fOR 014 DISTANt:( 01' ~f.1g f'EE~ THENCE RIJN SOOTH t1t1~'4g.
1f!"ST. fOR A DISTANCE or 1,J7a" /FET; THCNC( RUN NoRTH OITJIJ"2" IlE'ST. roR A DISTANCE OF 705.55 mr..
tHENCE RUN NORTH JI'JO"52" EAST, FOR A DISTANCE or 171.J4 fEET; THENCE o RUN NORTH ~"48'OJ" EAST. FOR A
DlSTANCC OF /,274.91 FEET TO A POINT ON THE EAST ~ OF 1Hf: SOUTHICST f.lVARlFR or 11(E SWTH1t!ST OUARTER
at seCTION J5. TOItNSHIP 46 SOUTH, RANG! 29 fAST: THENCE RiJN AL(~((j SAID EAST LItE SOUTH 00'12'''" Ilf"Sr. FOR
A DISTANCE OF J64.20 FaT TO THE POINT oF SEClNNJNC, CONTAINING 1,15O,J8O SQUARe frET OR 26.41 AaI'ES MORE
OR LEss.
NOTES
I. BEARINGS SHO'MI HfR(ON ReFER TO THE SOUTH LlN! OF THE SOUTHWCST OUARTfR OF SECTION J~ T()'M-/SHfP 16
SOUTH, RANG! 29 fAST. COLLffR COUNTY COUNTY, .Fl.ORIDA. AS BCING N B8'JO'22" E.
2. THIS PROPERTY IS SlJBoECT TO EASEMENTS. RESERVATIONS AND/OR RESTRfCTlONS OF RECORD.
J THIS sutfIn R[flECrs. ON/.. Y THE OBSERVABLE H10fNCE or 171! CURRENT SITE /NPROVfMENTS AS or THE SURl€Y
DA rr. .
04. ",S SlIRlifY "AI' AND THE C()PJ[S THEREOf, ARt NOT VALID "THOUT THE SlCNAWRE AND ORIGINAL RAlSFJ) SEAL OF
A LICENSED flORIDA SU~If"YQi;' AND MAPPER.
5. DIMENSIONS SHOttW HERfON ARE IN UNITED STATES SUIMY FUT AND DECIMALS THERfOF.
6. ENIARONUENTAL CCWCERNS, ENDANCERfJ) ItfWUFf AND .AJHtSOlCnONAI. If!nANos, IF ANY, ARE NOT SHOWN ON THIS
~~r. .
7. THIS PROPERTY IS LOCATED 'MTHIN FLOOD ION! O. IN KtUCH nOOl) HAZARDS ARE UNOETE"RMINfO, BUT POSSIBLE.
PER THE FEDERAL EllCROlNCY MANACCIIENT ACOICY nOOD INSURANCE RATE MAP 1'2006' (}f5O ~ DA7fD I!OVENBFR
, 1, 2005. HA VfNC A f7RU INDfX 014 TED NOVEMBER 17, 2005.
8. THIS CERnFICMION IS ON/. Y FOR THE LANOS OESCRtBfO HEREON. IT IS NOT A CEJ?71RCA TlON (F TmE. ZONING.
SETlJACKS OR FREEOOU OF CNCtJl/BRANCES.
9. ANY AOOfllONS AND/OR DELfTlONS TO THIS SlJRlf:y AMP OR REPORT Dr OTHER THAN THE SIGNING PARTY OR
PARTIES, IS STRlCn. Y PROHIBITW 'MmOUT MITTEN CONSENT.
10. THIS SUR\iFY OOES NOT DETERMINE O'M{{RSHlP RtGHTS. IT REFZ.EClS OWNERSHIP E'.f{)[NCE TO THE BEST OF OUR
KNO'rtf.EOCE. REFER TO AN A TrORNEY A T LA W TO OETIRMlNC RIQfTS.
11. OA TE OF LAST FlEW ftOli'K 7 A3/09.
(f~itiaIS)
Page 14 of 16
Agenda Item No. 14A
September 15, 2009
Page 18 of 23
Immoblee Regional AIrport - Non-A vlation Land
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affain Armory Board, Sub-Lessee (l'enant)
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Pagel S of 16
Agenda Item No. 14A
September 15, 2009
Page 19 of 23
ImmokaJee Regional AIrport - Non-Aviation Land
Military Government License aDd Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department o(Milltary Affairs Armory Board, Sub-Lessee (Tenant)
EXmBIT "B"
CERTIFICATE OF occur ANCY
Page 16 of]6
RESOLUTION NO. 2007 - 146
Agenda Item No. 14A
September 15, 2009
Page 20 of 23
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, FINDING THAT THIS BOARD IS AUTHORIZED BY SECTION
125.38, FLORIDA STATUTES, TO SUB-LEASE TO THE FLORIDA ARMY NATIONAL
GUARD, A TWENTY-FIVE (25) ACRE PARCEL OF LAND, MORE OR LESS, AT THE
IMMOKALEE AIRPORT FOR A TERM OF TWENTY-FIVE (25) YEARS AT NOMINAL
RENT; THAT SUCH USE BY THE NATIONAL GUARD WILL SERVE A PUBLIC OR
COMMUNITY INTEREST AND WELFARE; THAT THIS LAND IS NOT NEEDED FOR
COUNTY PURPOSES; THAT THE PURPOSE FOR WHICH THE LAND IS TO BE SUB-
LEASED IS FOR THE NATIONAL GUARD TO CONSTRUCT AND OPERATE ITS
READINESS CENTER (ARMORY); ALSO TO AUTHORIZE THE AUTHORITY'S
EXECUTIVE DIRECTOR TO NEGOTIATE, AND BRING BACK TO THE BOARD FOR
ITS APPROVAL, THE AGREED-UPON SUB-LEASE; ALSO, ALTHOUGH THE
NATIONAL GUARD SHALL PAY ONLY A NOMINAL RENT, ALL FAIR MARKET
VAULE RENT SHALL BE IMPUTED TO THE NATIONAL GUARD AND THE IMPUTED
RENT SHALL BE WAIVED FROM THE MONEY LOANED BY THE BOARD TO THE
AIRPORT AUTHORITY TO OPERATE THE IMMOKALLE AIRPORT.
WHEREAS, the Florida Army National Guard (National Guard) has requested to sub-lease
a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport
(Airport) under a nominal rent sub-lease agreement because its appropriated funding does
not allow payment of more than nominal rent; and
WHEREAS, The Collier County Airport Authority (Authority) is recommending that this
Board authorize the Authority's Executive Director to negotiate, and bring back to the
Board for its approval, an agreed-upon 25-year sub-lease agreement with National Guard
for a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport
whereon the National Guard will promise in the sub-lease agreement to construct its
Readiness Center (National Guard Armory); and
WHEREAS, Section 125.38, Florida Statutes, reads in relevant part:
If ... the state [of Florida) or any political subdivision or agency thereof, ... should desire
any real .... property that may be owned by any county of this state or by its board of
county commissioners, for public or community interest and welfare, then the... state or
such political subdivision [or] agency... may apply to the board of county commissioners
for a conveyance or lease of such property. Such board, if satisfied that such property is
required for such use and is not needed for county purposes, may thereupon conveyor
lease the same at private sale to the applicant for such price, whether nominal or
otherwise, as such board may fix, regardless of the actual value of such property. The fact
of such application being made, the purpose for which such property is to be used, and the
price or rent therefor shall be set out in a resolution duly adopted by such board. In case of
a lease, the term of such lease shall be recited in such resolution. No advertisement shall
be required; and
WHEREAS, the National Guard consists of members of the Army Militia within the Florida
Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of
Florida's government; and
WHEREAS, the envisioned twenty-five (25) acre parcel of land is not being sought after as
a sub-leased parcel by any other prospective tenant, is not needed for any county purpose
and is required by the National Guard to construct and operate its Armory; and
WHEREAS, it is anticipated that the activities and operations that will be created by the
presence of the National Guard Armory on this 25-acre parcel of land at the Immokalee
Airport will have many positive and beneficial impacts to the Airport, to the community of
Immokalee, and to Collier County by creating recruiting, education and training support
positions and by bringing to the community an Army unit that operates some of the most
advanced military equipment in support of federal missions. Additionally, it will bring
Soldiers postured to respond to the Governor's call to State Active Duty in response to
emergencies or natural disasters to Collier County, which could include aviation related
activities such as aircraft transport rescue and evacuation missions and readiness
operations, including hurricane preparedness and supply delivery by aircraft; and
Agenda Item No. 14A
September 15, 2009
WHEREAS, notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease Page 21 of 23
land agreement is subject to approval from the Federal Aviation Administration (FAA); and
WHEREAS, FAA regulations require that the Airport Authority receive fair market value
(FMV) rent for this sub-leased acreage; and
WHEREAS, the BCC loans money to the Authority to enable it to operate the Airport; and
WHEREAS, when it becomes financially able to do so, the Authority must repay the loaned
money back to the BCC. After the loaned money is repaid to the BCC, the Authority may
keep its retained earrings (profits) to operate the Airport. Therefore, to the extent that such
loan balance is waived by the BCC, the earlier in time the Authority will be able to keep its
profits and expend those profits at the Airport. To accomplish this end result it is
recommended that the BCC waive the Authority's debt to the BCC by only the FMV rents
that are to be imputed to the National Guard each sub-lease year in lieu of those rent
payments.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. That the Florida Army National Guard consists of members of the Army
Militia and is within the Florida Department of Military Affairs created by Section 250.05,
Florida Statutes, as an agency of Florida's government eligible to sub-lease the subject
land at nominal rent; (Compare Florida AGO 081-11).
2. The purpose of the agreement is to sub-lease to the National Guard a
twenty-five (25) acre parcel of land, more or less, at the Immokalee Airport for a term of
twenty-five (25) years at nominal rent, and upon said land the National Guard shall
construct and operate its Readiness Center (Armory).
3. That use by the National Guard to construct and operate its Armory on the
subject land will serve a public or community interest and welfare; and this parcel of land is
not needed for county purposes.
4. That the Authority's Executive Director is authorized to negotiate, and bring
back to this Board for its approval, the agreed-upon 25-year sub-lease agreement.
5. That the BCC, subject to approval from the Federal Aviation Administration of
the proposed sub-lease agreement, shall waive the Authority's debt repayable to the BCC
by the fair market value rents that, but for Section 125.38, Florida Statutes, would be
payable from the National Guard, all of which rent shall be imputed to the National Guard
each sub-lease year in lieu of payment of such rent.
,This Resolution is adopted after motion, second and majority vote favoring adoption
this J d--.. day of June 2007.
ATTEST
Dwig~t E..ar4:)ck, Clerk
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-At~{P~~~I~.,rMI' ,
s1gna1;urt onV
App~oved as'\t~ form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLI:: COUd~
JarAE!s Coletta, Chairman
By: ~W\ ru~
Thomas C. Palmer, ASSistant County Attorney
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;:OuntY of COLUER
I HEREBYC~FmflT."'~Sfsat",e_
correct c.oPY.o~:~. "j');'1m~9)'tflle In
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Agenda Item No. 14A
September 15, 2009
Page 22 of 23
RESOLUTION NO. 09-45
RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY (AUTHORITY)
RECOMMENDING THAT THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS (BCC) APPROVE AND AUTHORIZE ITS CHAIRMAN TO
EXECpTE THE ATTACHED TWENTY-FIVE (25) YEAR SUB-LEASE AGREEMENT
WITH THE DEPARTMENT OF MILITARY AFFAIRS ARMORY BOARD FLORIDA
ARMY NATIONAL GUARD (NATIONAL GUARD) FOR THE COLLIER COUNTY
READINESS CENTER AT THE IMMOKALEE REGIONAL AIRPORT. THE
IMPUTED RENT FOR THIS SUB-LEASE AGREEMENT WILL BE DEDUCTED FROM
THE DEBT THE AIRPORT AUTHORITY OWES THE COUNTY.
WHEREAS, the Florida Army National Guard (National Guard) desires to lease
approximately 26.41 acres of land at the lmmokalee Regional Airport (Airport) for the
construction of the Collier County Readiness Center (a military quartermaster facility); and
WHEREAS, it is anticipated that the activities and operations that will be created by the
presence of the National Guard at the lrnmokalee Airport will have many positive and beneficial
impacts to the Airport, the community and Collier County by creating recruiting, education and
training support positions and by bringing an Army unit to the community that operates some of
the most advanced military equipment in support of federal missions; and
WHEREAS, the presence of the National Guard at the Airport will position soldiers ready
to respond to the Governor's call to State Active Duty in response to emergencies or natural
disaster, which could include aviation related activities such as aircraft transport rescue and
evacuation missions and readiness operations, including hurricane preparedness and supply
delivery by aircraft.
WHEREAS, Federal Aviation Administration regulations require that the Collier County
Airport Authority (Authority) receive Fair Market Value (FMV) rent for this sub-leased acreage;
and
WHEREAS, the BCC loans money to the Authority to subsidize the management,
operations and capital development of the Airport; and
WHEREAS, on May 14, 2007, the Authority unanimously approved a motion to have its
Executive Director pursue a sub-lease agreement with the National Guard with the concept that the
Authority would receive compensation for this sub-leased land through debt reduction from
Collier County; and
WHEREAS, on June 12, 2007 (Agenda ItemI6G7), the BCC adopted Resolution 2007-
146 authorizing the Authority's Executive Director to negotiate, and bring back to the BCC for its
approval, an agreed-upon twenty-five (25) year sub-lease agreement with the National Guard
whereby the BCe, subject to FAA approval of the proposed sub-lease agreement, would reduce
the Authority's debt by the equivalent of the FMV of the leasehold space each year of the
agreement in lieu of rent; and
CIDocuments and Sellings\colleengreenel.Loca/ SetlingslTemporary Internet Fi/esIContenl. Outlook\QS2UY 4 EX\Res 09-45
National Guard Lease (2).docx
CCAA Resolution No. 09-45
Agenda Item No. 14A
September 15, 2009
Pag&2lEOf2 of 23
WHEREAS, the Authority negotiated the attached twenty-five (25) year sub-lease
agreement with the National Guard for 26.41 acres (1,150,419.6 square feet) at an initial FMV rent
of ten cents ($0.10) per square foot; and
WHEREAS, the equivalent imputed rent for the first year of the sub-lease shall be one
hundred fifteen thousand forty one dollars and ninety six cents ($115,041.96); and
WHEREAS, for each subsequent sub-lease year the annual imputed rent shall be increased
by one percent (1 %); and
WHEREAS, the imputed rent shall be increased at the end of the fifth, tenth, fifteenth, and
twentieth sub-lease years to the then current FMV land lease rate as defined by the Authority's
Rates and Charges; and
WHEREAS, the FAA has reviewed the proposed sub-lease agreement for sufficiency.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the Authority recommends that the BCC approve and authorize
its Chairman to execute the attached twenty-five (25) year sub-lease agreement with the
Department of Military Affairs Armory Board (Florida Army National Guard) for 26.41 acres at
the lmmokalee Regional Airport for the construction of a military Readiness Center, whereby the
BCC shall deduct the imputed rent for this sub-lease agreement from the money debt the Authority
owes the County.
PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport
Authority this 14th day of September 2009.
ATTEST:
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
Theresa M. Cook, Executive Director
Byron Meade, Chairman
Approved as to form and legal sufficiency: