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Backup Documents 07/11/2023 Item #16G 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through#2 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 routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office CAO 7,)ja-1 a3 2. Board of County Commissioners Office BOCC R� iz /s/ 7443/23 3. Minutes and Records Clerk of Court's Office 0123 11%P+ eirmx 4. Send signed copy to Heather Meyer Airport Authority Heather.meyer@colliercountyfl.gov PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Heather Meyer/Airport Authority 239-252-5765 Contact/ Department Agenda Date Item was July 11,2023 Agenda Item Number 16G.1 Approved by the BCC Type of Document First Amendment to Lease-Mosquito Control Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK HM 2. Does the document need to be sent to another agency for additional signatures? If yes, HM provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be HM signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's HM Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the HM document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HM should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on Jul 11,2023 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes, if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC, all changes directed by the BCC have been made, and the document is ready for the an option for Chairman's signature. this line. I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 6G1 FIRST AMENDMENT TO COLLIER COUNTY AIRPORT AUTRORITY j,FASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION THIS FIRST AMENDMENT TO LEASEHOLD AGREEMENT (the"First Amendment") is made as of the II tk day of July 2023, by and between the COLLIER COUNTY, a political subdivision of the State of Florida, acting as the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114 (hereinafter referred to as the"Authority"),and the Collier Mosquito Control District, an Independent Special District and political subdivision of the State of Florida, with administrative offices located at 600 North Road, Naples, Florida 34104 (the "Tenant") (the Authority and Tenant are collectively referred hereto as the "Parties"). The Parties hereby mutually covenant,agree,and promise as follows: WHEREAS, the Parties entered into a Leasehold Agreement for Hangar Construction (the "Leasehold Agreement")on May 10,2022; and WHEREAS,the Parties wish to amend the Leasehold Agreement to alter the Proposed Master Plan with Schematic Drawing (Exhibit "B"), which precipitated a Section 163 Evaluation by the Federal Aviation Administration (FAA) resulting in a revised land use determination, and various sections of the Leasehold Agreement affected by the FAA's reclassification of the leased premises as comprised of an entirely aeronautical use. NOW, THEREFORE, the Authority and the Tenant agree that the Leasehold Agreement shall be revised by this First Amendment, with respect to the revisions contained herein, effective as of the above date,as follows(dough=deleting/underscoring=adding): I. Section 5,Lease Rent, Subsection A, Rental Rate, is hereby amended as follows: 5. LEASE RENT A. Rental Rate. Tenant hereby covenants and agrees to pay the stated per square foot rate for the Premises,as depicted and described on Exhibit"A,"a parcel of land agreed to contain approximately 351,025 449,975 square feet of aeronautical use property and ^pproximately n4 954 The lease rental rate to be paid by Tenant for the Premises shall be $53,711.58 $49,40726 annually (the "Base Rental" at $0.1098 per square foot ae,enatutti al e nd $0.1533 o e f of o etical e), which shall be paid in equal monthly installments of$4,475.97$4,1 17.27(the"Rent")and shall be due and payable by the first day of every calendar month during the term hereof(the"Due Date").The Tenant is sales tax exempt and will provide the Authority a copy of its Certificate of Exemption upon execution of this Lease. If any sales taxes now or hereafter become due with respect to the Rent payable by Tenant,then Tenant shall be solely responsible for payment of such sales taxes.Notwithstanding the foregoing,the obligation to pay the Rent shall not commence until the Initial Certificate Of Occupancy Date (issued upon completion of the Initial Hangar/Connector Facilities), although all other obligations and responsibilities owed under this Lease shall run from the date that the Parties sign this Lease. If the obligation to pay Rent pursuant to the terms of this Lease commences on a day other than the first day of the month(based upon the Initial Certificate Of Occupancy Date), the Tenant shall pay rent equal to one thirtieth (I/30t) of the monthly rental multiplied by the number of rental days of such fractional month as of that commencement date. CAO i. 6G1 2. Section 9, Permitted Use of Premises, is hereby amended as follows: 9. PERMITTED USE OF PREMISES A. Aeronautical Facilities.Tenant agrees that the Premises shall be used for the construction (in accordance with plans and specifications designed in accordance with Federal Aviation Administration (FAA)/Airport Standards and with the Authority's input in the proposed design plan review deliverables, and subject to the Authority's prior approval of the final plan set prior to permitting pursuant to this Lease) of approved aeronautical use support hangars, buildings and facilities; no other use or occupancy is authorized or shall be permitted,except for those uses relative to mosquito control and commercial aviation uses found in Section 10, with the prior approval of the Authority. Except as authorized under this Lease,the Authority retains full control over the activities conducted on the Premises by modifying,amending and interpreting the Rules and Regulations of the Authority; provided, however,no such modifications,amendments or interpretations of the Rules and Regulations of the Authority,unless such change is otherwise required by State or Federal law, shall prohibit or restrict the permitted activities of Tenant set forth in Subsection 9.C. 3. Section 13, Initial Hangar Facility Construction, is hereby amended as follows: 13. INITIAL HANAGR FACILITY CONSTRUCTION Tenant shall construct the following, at its sole expense and in compliance with all the terms and conditions of this Lease and in strict accordance with plans and specifications approved in writing by the Authority(which approval may not be unreasonably withheld,delayed or conditioned):(a)upon the Premises, one (1) aircraft hangar— (building 5, approx. 21,000 25,200 sq/ft. ),fuel truck parking,storage,and support infrastructure(the"Initial Hangar Facilities"); and (b)upon areas adjacent to the Premises that are specifically designated and reserved for the exclusive use of Tenant,all such aircraft parking aprons,aircraft taxilanes,vehicle parking areas, roadways,driveways and other improvements necessary to connect the Premises to the existing public taxiways,taxilanes,roads and rights-of-way which are used in common by all Airport users(the"Initial Connector Facilities") (the Initial Hangar Facilities and Initial Connector Facilities collectively the "Initial Hangar/Connector Facilities").Tenant shall be permitted to construct additional aeronautical developments to include aircraft hangars, storage buildings, support facilities, research/administrative offices and other infrastructure improvements on the Premises during the Lease Term (in addition to the Initial Hangar/Connector Facilities) so long as such construction is (i) in compliance with Sections 12 and 14 hereof and all other terms and conditions of this Lease and(ii) in accordance with plans and specifications approved in writing by the Authority (which approval may not be unreasonably withheld, delayed or conditioned) and the Federal Aviation Administration (if required). Tenant agrees that Tenant shall commence the construction of the Initial Hangar/Connector Facilities within twenty four (24) months from the date of this Lease. In the event Tenant has not commenced the construction of the Initial Hangar/Connector Facilities within thirty (30) months from the date of this Lease, this Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant.Tenant shall, in addition, be liable for any other actual damages sustained by the Authority arising because of Tenant's failure to comply with this provision of this Lease. Prior to commencing construction of the Initial Hangar/Connector Facilities on the Premises, the Tenant shall comply with all the following provisions: t6G1 4. Exhibit"B", Proposed Master Plan with Schematic Drawing, is hereby amended as follows(see also enlarged revised Exhibit B attached hereto): EXHIBIT"B". BUILDINGS II , I .oar>�: • :=.:oAs ' I I . AtA•.-ENO.'E E.t.%v,ai ::,J. •..r., I I j/! ii 1 :«E , 1 // /' I ,F:K,N--a r r t —1 I , Willer e,Mos'.to pus MI C.stnct oIi:Ep! Immrainn Campus MaetarplanA ttkkcs Programming 1 iPS V V t s tl L OC R fit ^"" '-' _ M I M—MAR'I'TN i .W n� AR!MrTPATi.ITY'. m - wwer _j 5. All other provisions contained in the Existing Leasehold Agreement dated May 10,2022,as amended,shall remain in full force and effect. 3 CA 16G1 IN WITNESS WHEREOF,the Parties have caused this First Amendment to Leasehold Agreement to be executed on the above stated date. AUTHORITY: ATTEST: BOARD OF COUNTY COMMISSIONERS OF Crystal K. Kinzel, COLLIER COUNTY,FLORIDA, SERVING AS Clerk of Courts and Comptroller THE COLLIER COUNTYAIRPORT AUTHORITY 207' --. By: ` 4� . By: / , Deputy Clerk Rick LoCastro, Chairman Attest^as'to Chairman's Sianatur'o nnly A1 ' r' Y 9 Mi by). ,,^ , ,� • • '' W • kdi i and legality: ;IT i w% M y ID colt . eac Deputy County Attorney (?.:7: ) I. I ' 6G1 TENANT: WITNESSES: COLLIER MOSQUITO CONTROL DISTRICT By: V i'n �-- ss I '� Print Name: Patrick Linn Print Name: ` i` Print Title: Executive Director 'Witness#2 Print Name: Mai iF 1 6 G 1 Exhibit B BUILDINGS O ADMINkSTRATON(2 FLOORS)-37InSE TOTAL (D MAIN HNYGAR(WITH MEZZANINE)^25 2kSF <2, MAINTENANCE BUILDING 12 FLOORS)-25kSF TOTAL / • CHEMICAL STORAGE-6KSF / / / @ ROTORCRAFT HANGAR-25 2kSF / // cp FUEL TRUCK PORTE COCHERE .DHCe TWIN/OTTER AIRCRAFT SCALE / / / / ( / / / GARDEN W4:TH DROP OFF LOOP . ;4 . _ . . .. . \ s,...r..__ _ . . - ..-_-. Ki_ l . F-.4. \7 ' .,-0*.- ' .......0-- u. ,„_ ..7,-----• -,..„..._....7. ,- • 1' * ...-7- / .--- . •.6--.--r..r!-,1. —...- ,,, • • ,,.- DRY POND GEN 6 CHILLER ISLAND ------ Collier Mosquito Control District CONCEPT Immokatee Campus Mastarpian 8 4 Programming MOSOUITO CONTROL Z--- — _- ',.•.., \ M L.1\4-MARTIN Drawn try 0-2 ..0 ARcmrrEcrs,INC. Checked by rawa Scale ra ir.wa 1