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CCAA Resolution 2008-038RESOLUTION NO. 08-38 RESOLUTION OF THE COLLIER COUNTY AIRPORT AUTHORITY TERMINATING THE SUB -LEASE AGREEMENT WITH SALAZAR MACHINE & STEEL, INC. APPROVED BY THE AUTHORITY ON NOVEMBER 13, 2006, RESOLUTION NO. 06-44, BY THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (BCC) ON DECEMBER 12, 2006, AGENDA ITEM NO. 16(G)4, AND EXECUTED BY THE BCC ON DECEMBER 20, 2006, PER THE TERMS OF PARAGRAPH Z.C. OF THE SUB -LEASE AGREEMENT. WHEREAS, the subject Sub -Lease Agreement (Agreement) states that Salazar Machine & Steel, Inc. shall construct minimum 20,000 square foot manufacturing and warehouse facility at the Immokalee Regional Airport; and WHEREAS, per paragraph 2.c. of the Agreement, the Agreement is contingent upon the Salazar Machine & Steel, Inc. providing the Collier County Airport Authority (Authority) proof of financial ability to construct the 20,000 square foot facility within ninety (90) days of the Execution Date; and WHEREAS, Salazar Machine & Steel, Inc. has not provided the Authority with proof of financial ability to construct the 20,000 square foot facility; and WHEREAS, the Authority has applied for and been offered a Rural Business Enterprise Grant (RBEG) from the United States Department of Agriculture in the amount of $495,000 for the construction of this facility; and WHEREAS, in order for the Authority to utilize the RBEG funding for the construction of this 20,000 square foot manufacturing and warehouse facility, it must terminate the existing lease with Salazar Machine & Steel, Inc. that provides for Salazar Machine & Steel, Inc. to construct the facility. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY AIRPORT AUTHORITY, that the Authority terminate the Sub -Lease Agreement with Salazar Machine & Steel, Inc. approved by the Authority on November 13, 2006, by the BCC on December 12, 2006, and executed by the BCC on December 20, 2006, per the terms of paragraph 2.c. of the Agreement. PASSED AND DULY ADOPTED by affirmative majority vote of the Collier County Airport Authority this 11 th day of August 2008. ATTEST COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA (q��r'n I CA,) Theresa . Coo , xecutive Director Stephen L. Price, Chairman Approved as to form and legal sufficiency Heidi As on, Assistant County Attorney YAAdministration\AA Board\Resolutions \Res 08 -38 "rerminating Salazar Lease Agreement executed 12- 20- 06.doc