Resolution 2007-146
RESOLUTION NO. 2007 - 146
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
WHEREAS, notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease
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 i GI.... day of June 2007.
ATTEST
Dwight E.'&Ock, Clerk
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- Depu~ CIArIC\_.... .
Attest U\,~~,'-
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Approved as'to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: dd U;#'
JarAes Coletta, Chairman
By: dOw.. rJ~
Thomas C. Palmer, ASSistant County Attorney