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CCAA-AB Agenda 01/09/2012 Meeting PacketCOLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING JANUARY 9, 2012 1:00 P.M. MARCO ISLAND EXECUTIVE AIRPORT, 2005 MAINSAIL DRIVE, FLORIDA 1, PLEDGE OF ALLEGIANCE 2. CALL TO ORDER —1:00 PM — REGULAR SESSION 3. INTRODUCTIONS OF GUESTS 4. ADOPTION OF AGENDA S. APPROVAL OF MINUTES -- December 5, 2011 ...... ..............................1 G. COUNTY SECURITY PROCEDURES PRESENTATION - by Facilities Management 7. ACKNOWLEDGEMENT OF AIRPORT INFORMATION -- No Advisory Board action required • MKY Taxiway Ribbon Cutting — February 24, 2012 at 10:00 AM ..................4 R. DIRECTOR'S REPORT — Advisory Board action requested • 2012 Airport Advisory Board Schedule ................... .......... . .... . .. 6 • Recommend that the BCC approve the Ground Vehicle Access Plan for the Immokalee Airport ....... .......... ............... . ................... 7 w Recommend that the BCC approve the proposed 2012 Rates and Charges Schedules ................ 26 • Recommendation that the BCC approve a Resolution accepting the USDA building shell constructed by DeAngelis Diamond as complete ....... . ................ 38 • Recommendation that the BCC approve a lease agreement with D.C. Air for land improved with buildings at the Immokalee Regional Airport ................... 40 • Recommendation that the BCC approve a sub -lease agreement with Mr. Ralph Hester for catt le grazing at the Immoka lee Regional Airport .. . .............. . . 51 9. FINANCE REPORT— Month Ended November 30, 2011 ........................... 62 10. PUBLIC COMMENTS 11. NEXT MEETING — February 6, 2012 at the Immokalee Regional Airport 12. ADJOURNMENT COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING 4 2012 Meeting Schedule 1:00 PM Date Location Monday, January 9 Marco Island Airport Monday, February 6 Immokalee Airport Monday, March 3 Everglades Monday, April 2 Marco Island Airport Monday, May 7 Immokalee Airport Monday, June 4 Marco Island Airport Monday, August S Immokalee Airport Monday, September 10 Marco Island Airport Monday, October 1 Immokalee Airport Monday, November 6 Marco Island Airport Monday, December 3 Everglades Note. The Airport Authority Advisory Board does not meet in July. 9 Collier County Airport authority Advisory Board Meeting Marco Island Executive Airport 2005 Mainsail Drive, Naples, Florida December 5, 2011 Meeting Minutes 1. Pledge of Allegiance. 2. Call to Order. Chairman Lloyd Bye rhof called the meeting to order at 1 :00 p.m. Roll Ca ll and Announcement of Quorum. Advisor Y Board Members Present. Lloyd Byerhof, Michael Klein, Jim Murray, c=rank Halas, Byron Meade, Dick Rice, and Floyd Crews (Alternate) Advisory Board MembersAbsent /Excused- Dave Gardner Staff; Chris Curry, Thomas Vergo, Robert Tweedie, Debbie 13rueggernan, and Debi Mueller Others Present: Jeff Klatzkow, Megan Gaillard, Lyn Wood, Tim Parker, Marvin Courtright, Bill Garrett, Steve Fletcher, Pam Brown, Kristina Kulpa, Aaron Vince, John Norman ACtfon: A quorum Was announced as being present, 3. 1 ntroduction of Guests_ All present introduced themselves to the Advisory Board. 4. Adootion of the Mends, The following items were added to the Agenda under item 6: + Update on Everglades Airpark • Update on Marco Airport taxiway project Action: Mr. Halos made a motion to approve the agenda, as amended. Mr Murray seconded, and the motion passed by unanimous vote. 5. A royal of Minutes. Action: Mr. Halas made o motion to approve the minutes for the November 7, 2033 meeting. Mr. Murray seconded the motion, and it passed by unanimous vote. 6. Acknowledgement of Airport Information. Items under this section of the agenda are for informational purposes. No Advisory Board action is requested. Repairs to Fuel Farm at Everglades Airpark An inspection of the fuel farm at Everglades Airpark conducted in June 2011 concluded that the condition of the fuel farm was not compliant with state standards. Work has been completed on a short-term fix to bring the fuel farm into compliance. A longer -term solution is programmed into the Airport Authority 1ACIP. IMM connection (First Immokalee Airport Quarterly Newsletter). A copy of the first IMM Quarterly Newsletter was distributed to Advisory Board members. Similar newsletters far will follow soon for MKY and x{01. Mr. Halas compliments Mr. Vergo on the newsletter, stating that it represents a good, open line of communication. 1of3 • Update on Everglades Airpark, Mr. Klein inquired about the Sheriffs dwelling destroyed by Hurricane Wifma, the schedule for completion of the taxiway, and about installing PAP Is /VASls at Everglades A!rpark. * Update on Marro Island taxiway project. The construction of the taxiway at MKY is about seventy-five percent (75%) complete. A paving test is scheduled for December 9, 2011. If the test is O. K., paving will begin the week of December 12, 2011, and is estimated to be complete in approximately four to six weeks. 8. Directors Report, Advisory Board action is requested on items under this section of the Agenda_ • 201Z Airport Advisory Board Meeting Schedule Action_ Mr. Rice made a motion that the proposed 2022 meeting schedule be revised, and that the AdvisM Board hold two (2) meeting at Everglades, four (4j at rrnmokafee, and five (S) at Marco Island in 2012. Mr. Ago" Crews seconded, and the motion passed by unanimous vote. A revised 2012 Airport Advisory Board Schedule will be presented at the January 9, 2012 meeting. If Mr. Curry is unable to attend a scheduled Advisory Board meeting, the meeting will be rescheduled for a date when Mr. Curry is available. Recommendation that the BCC approve the first amendment to the T- hangar Agreement with Mr. Swasey. Action, Mr. MurrVY mode a motfor? to recommend that the SCC approve the first amendment to the T- hangar agreement with Mr. Swasey. Mr. Halos seconded, and the motion passed by unanimous vote. Recommendation that the BCC approve the Ground Vehicle Access plan for the Immokalee Airport. Actiar�; Mr. Rice made o motion that the Ground Vehicle Access plan be brought back at the January meeting to allow more time for review and comment or1 the proposed plan. Mr, Murray Crews seconded, and the motion passed by unanimous vote. Mr. Halas suggested that Airport management sit down with Mr. Fletcher and discuss his concerns regarding the proposed Ground Vehicle Access plan. Advisory Board members are to provide any comments to Mr, Cu". Mr. Klatzkow, County Attorney, reminded Advisory Board members not to discuss or copy each other with their comments, Advisory Board members were reminded that the Vehicle Access Plan applies to all users of the airport, not just tenants, and that the plan must address airport security. Recommendation that the 8CG approve the lease agreement with Salazar Mlachine & Steel for the USDA building at the ImmokaIee Airport. 2of3 Action; Mr. Rice made 0 motion tO recommend that the aCC approve the lease agreement with Solarar Machine & Steel. Mr. Klein seconded, and the motion passed by unanimous vote. 9. Finance Report - Quarter ended September 30, 2011_ Mr. Murray indicated he is disappointed with fuel sales, but appreciates all management and staff is doing to contain Costs. Action: Mr. Halos made a motion to accept the finance report. Mr. Rice seconded the motion, and it passed by unanimous vote. 10. Public Comments. Mr. Courtright commented an various Airport Authority documents and processes, Ms. Kupla talked about rental rates and fuel prices at the Immokalee Airport. The procedure for presenting items to the 8CC was discussed, 11, Next Meetin , The next Advisory Board meeting is on Monday, January 9, 2012 at the Marco Island Executive Airport. Ad- ournment. The meeting adjourned at 3:00 p.m. without abiection. COLLIER COUNTY AIRPORT AUTHORtTY ADVISORY BOARD COLDER COUNTY, FLORIDA Lloyd A. Byerhaf, Chairman 301`3 Collier County Government L;_� Communication & Contact: (239) 252 -8848 Customer- Relations Department www-collienrovnel 3301 East Tamiarni Trail W, WAV*yitter.e0nVC 0I1ierYiQ Naples, F1, 34112 www.faceboak.co ndCUIIiEerGov January 3, 2012 FOR IMMEDIATE RELEASE RIBBON CUITINO CEREMONY PLANNIKD FOR THE MARCO AIRPORT TAXIWAY PROXECT FRIDAY, FEBRUARY 24, 2012 10:00 a.m. A brief, ground - breaking ceremony is scheduled for the Marco Island Executive Airport Taxiway Project on Friday, February 24 at 10;00 a.m. The ceremony will be held at the Marco island Executive Airport, 2005 Mainsall Drive. The public is invited to attend. One or more members of the Board of County Commissioners may be in attendance. District 1 Commissioner Donna Fiala will be attending along with representatives of the Collier County Airport Authority Advisory Board, DeAngelis Diamond Construction Inc., the general contractor, and URS Corporation, the project engineer. "This project is a life safety issue and is of the utmost importance to the citizens of Collier County," said Airport Authority Executive director Chris Curry. "It was funded primarily by a grant from the FAA along with FDOT funding and a local match and includes the construction of a parallel taxiway and the expansion of the south aircraft ramp area. This project will increase capacity and provide a safer operating environment at the airport." The project is projected to be completed on time and under budget. Prior to completion of this project, the Marco Island Executive Airport was the only airport in the state of Florida with a 5,000 -foot runway accommodating jet traffic without a taxiway. Aircraft previously had to land and back taxi down the runway while other aircraft waited to land and take off. This had been a major safety concern for aircraft utilizing the Marco Island Airport. For more information, contact Debbie Brueggernan, Executive Assistant at (239) 642 -7878 ext 34. S ,a r f r I + s + irk • r , ' REI` ..N A. , Pm S�. C ru f f s �r low ' ,� EL o� v 3 J O V O y Airport Ground Vehicle Operations Program Immokalee Regional Airport December 2011 1 7 Ground Vehicle Access Plan Introduction Why is a Vehicle Operations Program needed at our Airport? It is important for the Immokalee Regional Airport (R") to develop a Ground Vehicle Operations Program to inform the users and tenants of the Airport on safety, awamness, and responsibility while dri ving on the Air Operations Area (AOA). The Immokalee Regionai Airport has a mixture of activities ranging from aerial crop spraying, to heavy flight training activities and it is the responsibility of the Collier County Airport Authority to maintain a safe operating environment for all Airport users. The Federal Aviation Administration Advisory Circular I50/5210 -20 states, "Airport Operators should establish procedures and policies concerning vehicle access and vehicle operation on the airside of the Airport." Past assessments by the Airport's insurance carrier strongly recommended a Vehicle operation program be developed to minimize potential hazards between aircraft and ground vehicles. Every year there are accidents and incidents involving aircraft, pedestrians, and ground vehicles at airports that lead to property damage and injury which may be fatal. {'mound vehicle operation plans promote the safety of Airport users by helping identify authorized areas of vehicle operation, outlining vehicle identification systems, addressing vehicle and operator requiminents and coordinating construction, maintenance, and emergency activities. The information contained in this handbook is designed to acquaint you with the Airport 's policies and procedures for operating a ground vehicle at the Immokalee Regional Airport. The information in this handbook will Provide sufficient knowledge to operate a ground vehicle within the secure, fenced -in areas of the Immokalee Airport. '111f policies and procedures in this manual apply to all users of, and persons ott any portion of the Airport property owned or controlled by the Collier County Airport Authority. No persons are exempt from Airport operating training requirements for operating a vehicle on the Airport Movement Area. Tenant organizations and businesses shall be responsible for the dissemination 01-,:accessibility to, and compliance with these policies and procedures by their employees and subtenants. The policies in this handbook are in addition to Federal Aviation Regulations and applicable state and local Ordinances and laws, which remain in ful l force and eMct. All persons operating a ground vehicle within the Air Operations Area (AOA) at the Immokalee Regional Airport must display an Airport issued access permit unless they are under the direct escort of a person with an Airport issued access permit. Mrfleld Safety The FAA, defines a runway incursion as "any occurrence at an Airport involving = aircraft, vehicle, person, or Object on the grouted tlnit creates a collision hazard or results in loss of separation with an aircraft taking off or intending to take off, landing or intending to land." C Airport Ground Vehicle Access Plan Runway incursions are primarily caused by buman error, unfamiliarity with the Airport, or loss of situational awareness. Runway incursions are caused by pilot deviations, or vehicle/pedestrian deviations. Regardless of whom the incursions are attributed to, incursions Occur, at the simpiest level, because people make mistakes. As the aviation industry continuos to grow and aircraft and vehicles continue to mix in increasingly congested environments, the potential for incursions increases and the margin of safety decreases. We must all remain vigilant and be aware of potential factors that increase risk'(such as decreased visibility in bad weather). We must do all we can to keep runway incursions' and surface incidents from happening at our nations" airports. Together we can make a di€Ference in runway safety. [3l 0 Ai art Ground Vehicle Access Plan Definitions Accident — a collision between one aircraft or vehicle and another aircraft, vehicle, person, or Object which results in property damage, personal injury, or death. Aircraft — a device that is used or intended to be used for flight in the air, Aiireraft Incident — an occurrence, other than an accident, associated with the operation of an aircraft that affects or could affect the Safety of operations_ Airport Employee — authorized personnel of all organizations, activities, and governmental agencies located on or connected with the operation, maintenance, and servicing of the airport. Airside — those areas of an airport that support aircraft activities, Air Operations Area (AOA) — the portion of the Airport within the perimeter security fence which encompasses the landing, takeoff, taxiing, and parking areas for aircraft. Apron or Ramp — a defined area on an Airport or heliport intended to accommodate aircraft for the purposes of parking, loading and unioadiug passengers or cargo, or refueling. Common Traffic Advisory Frequency (CTA14) — radio frequency designed for the purpose of carrying out airport advisory practices while operating to or from an airport without an operating ATCT or when the tower is closed, The CTAF may be a UNICOM, MULTlcoM, FSS, or tower frequency and is identified in appropriate aeronautical publications. (See below for definitions of UNICOM). Fixed -Based Operator TB 0) — a person, firm, or organization engaged in a business that provides a range of basic services to general aviation. Services may include the sale and dispensing of fuel, line services, aircraft parking and tie -down, pilot and passenger facilities, airframe and power plant maintenance, aircraft sales and rental, and pilot instruction. Flight Service Station (FSS) — air traffic facilities that provide pilot briefings, en route eonnnunicatiotis; search and rescue sere MS; assist lost aircraft and aircraft in emergency situations; relay air traffic control clearance's; originate Notices to Ainnen; broadcast aviation weather and National Airspace Systems information; receive and process instrumental flight rules flight }glans; and monitor NAVAIDS. In addition, at selected locations, FSSs provide En Route Flight Advisory Service (Flight Watch), Take weather observations, issue airport advisories, and advise Customs and Immigration of transporter flights, Foreign[ Object Debris (FOD) — debris than can cause damage to aircraft engines, tires, or skin From rocks, trash, or the actual debris found can runways, taxiways, and aprons. FOD is everyone's responsibility. if you see FOD, pick it up. [41 r� Air Ground Vehicle Access Plan General Aviation (GA) — A term that includes all aviation except commercial airlines and military aviation. This includes pleasure aircraft, business (corporate) aircraft, air taxi operators, crop dusting, highway patrol aircraft, sports and instructional flying. Ground Vehicle — an conveyances, except aircraft, used on the ground to transport persoxts, cargo, fuel, Or equipment (see also vehicle). Helipad — a small, designated area, usually with a prepared surface, on a heliport, or airport used for takeoff, landings, or parking of helicoplers. Incursion — any occurrence at an airport involving an aircraft, vehicle, person, or object on the ground that creates a collision hazard or results in loss separation with an aircraft taking off, intending to take off, landing or intending to land. Propeller Wash —thrust stream turbulence. Law Enforcement Offieer (LEO) — any person vested with police power of arresting under Federal, state, county, or city authority and identifiable by uniform badge, and other indication trf authority. Mobile Fueler — a vehicle owned or operated by authorized agents to pump and dispense let A and I DOLL fuel at the Imniokulee Regional Airport. This may include fuel tankers, in -to plane fueling pumpers, and hydrant carts. Movernent Area (MA) Or Airport Movement Area (AiV!(A) — the runways, taxiways, and other areas of an airport that aircraft use fvr taxiing, takeoff, and landing. The AMA at IlvfM also includes the Aerial Applicator staging pad area. Navigational Aid — any visual or electronic device, airborne or on the surface, which provides point -to -point guidance information or position data to aircraft in flight. Operator — any }person who is in actual physical control of an aircraft or motor vehicle. Owner — a person who holds the legal title of an aircraft or motor vehicle. Reckless or Cart-less Magner — to act in a way that intentionally or through negligence threaten the life or safety of any person or threatens damage or destruction of property. Restricted Areas — areas of the Airport posted to prohibit or limit entry or access by the general Public. Runway —a rectangular area on a land airport prepared for the landing and takeoff of aircraft along its length. Runway in Use or Active Runway — any runway or runways currently being used for takeoff or landing. When multiple runways are used, they are all considered active runways. [S) Ali art Ground Vehicle Access Plan Runway Safety Area — a defined surface surrounding the runway prepared or suitable, for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway. Surface Incident — any event where unauthorized or unapproved movement occurs within the movement area or an occurrence in the movement area associated with the operation of an aircraft that affects or could affect the safety of flight, Taxi — the movement of an airplane under its own power on the surface of an airport. Taxilane — Tl)c portion of the aircraft parking area used for access between taxiways and aircraft parking positions_ Taxiways those parts of the airside designated for the surface maneuvering of aircraft to and from the runways and aircraft parking areas. Tie Down Area — an area used for securing aircraft to the ground. Uncontrolled Airport — an airport without an operating airport traffic control tower or when the airport traffic control tower is not operating, UNICOM — a non- Federal communication facility that may provide :airport information at certain airports. Locations and frequencies of UNICON4s are shown on aeronautical charts and publications. Vehicle -- is any means in or by which someone travel% in; this can include, but not limited to the faliowing: car, truck, refueler, bicycle, motorcycle, moped, or golf cart. Visibility — the ability, as determined by atmospheric conditions and expressed in units of distance, to see and identify prominent unlighted objects by day and prominent lighted objects by night. Visibility is reported as statute miles, hundreds of feet or meters. [6] I12 Ai Airfield Diagram rt Ground Vehicle Access Plan Airport Fan iliarization In the back of this handbook is an airfield diagram slowing the layout of the Immokalee Regional Airport and the Airport Movernent Area. The map depicts the run ways, taxiways, apron designations, and location of major facilities, such as Pletcher Flying Services, hnmolcalee Regional Raceway, and the Coiner County Airport Authority FRO, It also delineates the boundaries of the Air Operations Area (AOA) and Airport Movement Areas (AMA); specific written authorization is required to operate in the AMA, Airport Signage and bighting Taxiway lights are blue in color and are located along the edge of taxiways and runway Iights are white in color and are Incated on each side of the runway. The lights on the end of the runway have split lenses red and green. The red signifies the end of the runway and the green the beginning of the runway. All runway, taxiway, and signage lights at the Immokalee Airport are pilot controlled allowing the pilot to key the aircraft radio to turn them on, 3 Clicks — low; 5 Clicks — Medium; 7 Clicks — High M �3 ' -%'s: 4.I'• :- 11i`._.f.'' ' •�' .:_ : S }.•,'. '. _ ; Z � �i :,•i:'l� �' it •. " • •' n lam•: �. :{ �,✓,'�.' f .14'i' ,�" -}4S .Vi:'''f+J '• 5.�":rr_�''�'_,"r.';•1`iY k��.'6.":,.:, i� 1'� �K+ -� .•Air�{�.",'' ;,A �,�'y C��t'h�.', .Ji? -µr(� r v •.. a ' ,y' _ 'J,,&�•1������ L�rr� l ,'Ek .Y � 'f( _41�1aT�,hi.1.�� aJ„ 4r4 l �� •���i��};y�t!�y :n.� S. i; 5/, ^ {�'�il���J.:�� t` '1 �^ '"ire K. i�•��r lA - �•'•-•' y +s' - •. "f:�r+s�'l' �,� �;��ti�_`�t�, -F•r �� ;;a's'r•:� *. ;;;�;y ;,,.,.: S:`'r�yY:�:' +•.,;tiy:,.`•' Q� ,,e7 ar _tti� �. rd+'N�;:� � ��' t sitr� .���C,,..�� •L�,;,..,'�4`;� +•.r.,� _�4.� ;5�- f:C�;,v. fit• ;y �:. �- f�i �;�. � i„ K i_`s� "- 'I�i�'it�.:�ittil�:•`,:•� ::.'_r; �. �.v.yK: •. ''�? ' \t. f i`*7k'J'r'i -�:4 yl,'•..�- `L-ti;�� -:.pis �i ..i'•''a'•1:.i �. ;Y' •ti i. -1 tih. y" - -L t. 71'1.SS `.+•l,r_" `'• •. •.' '•i' °•. ,. •�^ " -5.. �'` �l� ?. >A.ti,�� i. `' j,: - 'bYe,.•Y ,sr•v'�.;:': tr' :;�r; �-" 'r ; ;•• �`•;: ,2' '+"R• '9 "5�.r� ''�,��_ s„'•,Y }L., r}! , . ; ?. �•�'; •,. : �:'Y' ��f'��`���]dl q.;. Mrr �iv.�:..fj•'_� l.fe A `,j'� t� y' A.•f �5 .Y.�.�t�i:M,:,l'.. _`'' �*t`.:r.�� "`:Q'. "i.,,�� '.YL�_� ��,�ti +', i'i�� .. }. X i 7 �. r'1' x.� ��. n;i� �.M1.- � J �iy� ?f� .�� �'':: i''•�` :�: �r .y ', ��, {'ti. :. r t �r..`r St y • ::k" t3t�: "- .,ASS. a:5 rya •: k �r.- ^b'�-1 =H � � ^"ti!'•h /� �� �� `� � J i_ �+�'+� y�.. X5.5 ••' '� � � �• � ',� ' "��j #► M+k?bq. ".:ti,�� .'�� .r.+�F.,�,� >�`yy,�' +7'�. '}�y�3��� ;�k �* ��ev��i��� `` k� ,''iS�S'�3_rry-S...'r,.+.:,''.' .}�;. tii,. ,, {; •: :,r �atii �• V:�' }„� S ',7t� � f w � ,R5 '><� ► �'' 'r��?"' Y ^+ ''' ?I' '�' '_S_" �,' '.''•. mil•'• �: �* *•�•G '�� a'`�iK�(!i����,•.k� T•. �,� 4�,},yY �. }Fy�"7 �4f`�Sry ,ii �'�♦ '..+i�•`�. ,4 *1s,'7 •• .� �/.^ ✓f� , J�h,�}"}i���.'} wy r�?�: 4ti )..i�: 4 .`Fri 4 ` +� �' `� USX �'F �.' • ", ':;�'�y� ''' •ryi : Y J'':..`• i',�. { rt Ground Vehicle Access Plan Airport Communications All ground vehicles operating within the AOA and AMA areas of the Immokalee Airport are encouraged to monitor the local Unicom frequency and if necessary, announce their intentions over the frequency, Radio use in the ALMA areas of the Airport may be mandated at any time by the Airport Manager if deemed necessary. Aviation Phonetic Alphabet The Aviation Phonetic Alphabet is used in communications for continuity and clarity between all aircraft and vehieies operating on the Airport surface area and to reduce confusion. Because some letters sound similar, the following words are used to reduce confusion. For example, taxiway B would be referred to as taxiway Bravo. A ALPHA N NOVEMBER B BRAVO O OSCAR C CHARLIE P PAPA D DELTA Q QUEBEC F. ECHO R ROMEO F FOXTROT S STERRA G GOLF T TANGO H i HOTEL U UNIFORM I INDIA V VICTOR I JULIET W WHISKEY K KILO X X -RAY L LIMA Y YANKEE M I MIKE Z ZULU Aviation Terminology Acknowledge -- Let me know you have received and understand this message. Advise intention - Tail me. what you plan to do. Affirmative - Yes, Confirm - My version is—., Is that correct? Correction - An error has been made in the transmission. The correct version is.... Go ahead -- State your request (never means "proceed ") Hold -- Stt >p where you are, Hold short of... - Proceed to, but hold short of a specific point, Negative - No, or permission not granted, or that is not correct, Proceed -. You are authorized to begin or continue moving Read back -- Repeat my message back to roe. Roger - I have received all of your last transmission_ (It is not a yes or no answer) Say Again - Repeat what you just said. Stand by - Tait, X will get back to you. (Stand by is not an approval or a denial) Linable -- I can't do it. [9] 1 �� irport Ground Vehicle Access Plan Verify —Request confirmation of information. Without delay — With a sense of urgency, proceed with approved instructions in a rapid manner. Wilco — I have received your message, understand it, and will comply. Airrield Communications When operating at the Ymmokalee Regional Airport you should broadcast your intentions on the UNICOM, 122.900, prior to crossing any runways or taxiways, ne iJNICOM is a frequency designed for the purpose of carrying out Airport advisory practices w h i Ie operating to or from an Airport without an operating control tower. Operators who remain on a runway or AMA surface that will block the movement of aircraft for prolonged periods of time (i.e., removal of a disabled aircraft err vehicle) should continually announce their presence on the AMA every 2 minutes and Airport Management should be alerted immediately. In all situations, the vehicle operator is ultimately responsible for the safe movement on the movement area. Broadcast your intentions, look and LISTEN for other traffic, and most importantly, be aware of the AMA environment before proceeding. Before you make any transmissions over the UNICOM, LOOTS AND LISTEN for any traffic in the area or pattcm, Examples. "Immokalee Traffic, white tug crossing Runway 36 threshold 10 Taxiway Alpha •, "hm okalee Traffic, Airport Ops conducting runway inspection on Runway 27" [ 101 I& Airport Ground Vehicle Access Plan Vehicle Operating Permit Requirements Air Operations Arens A] I vehicles operating within the Airport perimeter fence are required to display a valid AOA vehicle operating permit at all times or be escorted by a valid permit holder, Pertnitti are provided at the Immokalee Regional Airport Terminal Building and are issued to specific vehicles. This permit allows 24 hour actress to the non -AMA areas of the Airport. Access permits shall be attached to the lower left side of the vehicle's windshield. Permits are vehicle specific and cannot he moved from Vehicle to vehicle. Should a tenant with an access permit have occasion to bring a different vehicle that requires access to the AOA, a temporary hang -tag permit can be requested at the Airport Terminal Building. To apply for a vehicle permit to operate in the AOA, the requestor must meet the following requirements: • Proof of valid automobile, insurance • Proof of current vehicle registration (for road- worthy vehicles) • Valid lease for a building, land lease, operating agreement, aircraft, or tie -down at the Airport. Employees of businest,;es on the Airfield requesting access must have their employer provide verification of employment_ • completed AOA access application Airport businesses requesting access for theirempl()yees must provide their request in writing to Airport Management on a company letterhead. Requests should list all employees that need access, the areas they are requesting access to, acid should be signed by the owner of the Airport business. The requestcd business takes full responsibility for their employee's actions while operating vehicles on the Airport and is responsible for updating Airport Management whenever a change occurs with their access list. Vehicles displaying an AOA permit are not authorized to access any areas not within their leased am-as and have no AMA operating privileges, Airport Management reserves the right to limit the amount of vehicle access permits issued to an individual or company. Access Permits expire annually on January 1, Replacement permits are available ~taming in December at the General Aviation Terminal Building. Airport Movement Areas (Runways and T aAways) The Immokalee Airport Management and staff strive to operate a safe, friendly Airport for all users. To ensure the safety of all users, it is necessary to restrict access to certain areas of the [11] 1 '/1 T1F Ground Vehicle Access Plan Airport, It is understood that the Airport has a few leases in areas that require the occasional Passage of a ground vehicle across the threshold of Runway 36 and on Taxiway Alpha and Charlie_ To operate a vehicle on these specific Airport Movement Areas, you must obtain an AMA vehicle permit from Airport Management. This vehicle permit will allow authorized vehicles to operate in approved areas of the AMA and AOA. Tenants with access to the AMA area are required to take the most direct route to their leased area and understand that they are not authorized to access any other areas of the Airport exocpt those approved by Airport Management. The receipt of an AMA permit does not permit the user to access restricted areas of the Airport, Under no circumstances shall tanker and delivery vehicles be escorted on AMA dregs without written approval frorn Airport Management. Ground vehicics authorized to operate on the AMA. shall be limited to those necessary to support the direct operation of aircraft; the inspection and maintenance of the airfield; and to access land ]cases not accessible by any other means, and may include the following: • Airport Management/County Maintenance vehicles + Federal Aviation mministration vehicles Any other vehicics approved by Airport Management To operate in the AMA, the vehicle must meet the requirements for an AOA permit, plus meet any of the following requirements listed below as mandated by Airport ]Management: Be equipped with an operating amber beacon or strobe. For low profile vehicles in which a beacon would not be suitable (i.e_ aircraft tug) an approved flag attached to the vehicle so that the flag will be readily visible is acceptable for day use only. The flag roust be a a- foot by 3 -foot square having a checkered pattern of intcrnational orange and white squares at least 1 foot on each side. • Be equipped with a working 2 -way permanent mount or portable VHF radio tuned to 122.90 to monitor aircraft movements at the Airport and announce position if necessary_ • Display a valid AMA vehicle permit • Vehicles owned by an Airfield company must display the company name in minimum 2 °° letters. Magnetic signs are acceptable. Each vehicle applying, for an AOA OF AMA permit is to be approved by Airport Management. Authorized Vehicles and Vehicle Permits All vehicles authorized to operate vn the Airport must clearly display a current and valid Innmokalee Regional Airport Vehicle permit. Authorized Arias Vehicles arc FIOt permitted to drive around the Airport for enjoyment purposes or park where they like to watch activity at the Airport. If tenants driving private vehicles would like to go from [121 IF Uri rt Ground Vehicle Access Plan one side of the Airport to another they must exit though a gate and proceed to the next closest gate to the arcs they would like to go. Unless authorized by A.irpart MaDagemen4 users may not: • Park or Stand Idling Vehicles on Taxiways, Ramps, or at the Fuel Facility • Proceed through other leaseholds without prior leasehold approval • Drive through or park on the Transient Ramp • Ride bicycles on the Airport Mnvement Area • Wall{ across taxiways or runways Any t:ser found in violation of any of these rule~ will be subject to penalties such as a towed vehicle, fines {if applicable), and/or vehicle access privileges suspended. I surance The Immokalee Regional Airport requires all applicants for the Vehicle Permit submit proof of insurance. The proper insurance must be maintained and should be kept in the vehicle at all times. A copy must be providod to Airport . Management. If there are any changes or your insurance is renewed a copy must be submitted to Airport Management in a timely manner. Vehicle Parking All vehicles should be parked in areas identified by the Airport Manager, well clear of runways, taxiways, aircraft run -up areas and any areas that may pose a danger of jet or propeller blast. Park with the engine off, with the vehicle in "PARK" and the emergency brake set. T- hangar tenants should park their vehicle inside their leased t- hangar while the aircraft is being flown. Ramp tie -down tenants should park their vehicles in the parking lot when they fly their aircraft. Accident Reporting All accidents must be reported to the Immokalee Regional Airport Management Office immediately at 239 -657 -9003. Even the smallest incidents between a vehicle and an aircraft can have a serious affect on the safety of flight. If an accident sloes occur follow these steps: • Stop and remain at the scene of the accident Call 911 (an incident may not warrant emergency response) Call Airport Management 239 -657 -9003 • Render reasonable assistance if capable to any person injured ■ Provide as much information to Airport Management regarding the incident • Aircraft cannot be moved after an incident or accident until it has been released by the FS DO & NTSii_ [13] /1? Mi z Operating Rules Ground Vehicle Access Plan The following rules apply to the operation of all vehicles inside the Air Operations Area (AOA) at the Immokalee Regional Airport. 1. All operators shall obey all posted regulatory signs and all instructions by Airport Management, Law Enforcement, or Airport Personnel. 2. Do not allow anyone to ride in any towed or pushed unit unless such vehicle is designed for passenger transport. 3. Do not allow anyone to stand up, or ride on the running board, or ride on a vehicle with his/her arms or legs protruding from the body of a moving vehicle, unless such motor vehicle is so specifically designed and designated. 4. Each vehicle operator is responsible for the activities of each vehicle passenger on the airside of the Airport. 5. Each vehicIe operator using an Airport security gate shall ensure the gate closes completely behind their vehicle prior to leaving the vicinity of the gate. The vehicle operator shall also ensure other unauthorized vehicles do not follow behind or iipiggyback" into the AOA area. If a vehicle does piggyback, record the license plate number and vehicle description and notify Airport Management (239 -657 -9003) immediately. If Airport Management is not available, call 911. 6. Manually controlled vehicle gates that provide access to the AOA areas shall be kept closed and locked at all times except when actually in use. 7. Never allow anyone to disembark from a moving vehicle until it has come to a complete stop. 8. Do n o E discard objects from any vehicle, either standing or in motion, at anytime. This creates FOD (Foreign Object Debris) which can cause damage to aircraft 9. Never operate a motor vehicle in a reckless manner or with a disregard for the safety of other persons or property. 10. Never park a motor vehicle or other equipment in such a way that it might interfere with, Or prevent, the pa.5sage or movement of aircraft, emergency equipment or other motor vehicles; or block access~ to any electrical vault, fire hydrant, emergency fuel shut off device, or other fire control equipment. 11. No person shall operate a vehicle or other equipment on the airfield under the influence of alcohol or any drug that impairs, or may impair, the operator's abilities. 12. Taxicabs, busses, limousines, and other motor vehicle carvers shall load and unload passengers only at locations designated and approved by Airport Management. 13. Vehicles may not park on any taxiway, runway, or taxi -lane unless the driver is in the process of attending to an aircraft stopped on the movement area in question. 14. All vehicles driving on the Air Operations Area (AOA) must drive at a speed not greater than 15 miles per hour. 15. All vehicles shall yield the right of way to all police, arnbulance, fire department, and other emergency vehicles than have visual signals or audible alarms activated. 16. No tenant shall shave his or her access code with any other Airport user, In the event a code is shared and a violation occurs, the tenant or business responsible with be held accountable_ [141 RIM, Ai Ground Vehicle Access Plan 17. Vehicle operators shall not, after receiving a lawful order, visual or audible signal, or direction from the Airport Manager, their designee or a Law Enforcement Officer, fail to stop the vehicle being operated, Operate the vehicle in disregard of the signal or direction, or interfere with or endanger the operation of aircraft, increase the speed of a vehicle, or attempt tU flee from the AiTort Manager or their designee. Operating near Aircraft 1. Aircraft ALWAYS have the right of way. 2. Use caution (especially at night) for wing tips of parked aircraft. I Never operate a Tnotor vehicle in such a way as to pass directly under the wings, nose, or tail area of an aircraft unless said equipment will be used in servicing the designated aircraft. Escorting Procedures The following requirements are necessary for providing AOA or AMA escorts: 1. Authorized escort providers must display a valid vehicle operating permit for the Immokalee Regional Airport. Escorts through the AMA must have an Airport issued AMA vehicle operating permit. 2. Tenant's escorts must use the closest authorized. or assigned gates for vehicles entering their lease area. Visitors under escort must be met at the gate entrance and escorted back to the gate each time they enter the AOA. 3. All tenants must ensure service vehicles and persons being escorted remains with an authorized escort provider of that tenant at all times. The escort vehicle has full reeponsibili ty to ensure that visitors under escort remain with the escort vehicle. 4. Tenants and leaseholders are authorized to provide escorts only to and from their lease areas. 5. Airport Staff can provide escort services to a tenant's custoiners or cIients upon request. Such escorts would be provided during normal business hours and a escort fee as published in the approved Airport Rates and Charges would be biiIled to the tenant. [151 Airport Ground Vehicle Access Plan Vehicle Violations and Consequences The Management of the Irnmokalee Regional Airport enforces the policies and procedures regarding vehicle safety within the Air Operations Area (AOA) and Airport Movement Amos (AMA), A Notice of Violation will be issued for any observed violation of any of the policies and procedures established for the safe and orderly conduct of motor vehicles while on the AOA and AMA. At the irrunokalee Regional Airport, even those with minor infractions, are required to meet with the Airport Management pri or to being al lowed to operate a vehicle on the AOA or AMA again. The following are the penalties for violating the Airport Ground Vehicle Program at the Immokalee Regional Airport: ■ First Offense: Violator will receive a written notice of violation. The violator will be required to meet with the Airport Manager within IO days. Additional actions may be, taken depending on offense, Second Offense: Violator will receive a second written notice of violation and their vehicle access to the AOA (and AMA if applicable) will be suspended for 30 days and will be required to meet with the Airport Manager before vehicle access will be restored. Additional actions may be taken depending on offense. Third Offense: Violator will receive a third written notice of violation and their vehicle access privileges will be revolted for a minimum of 3- months and depends on severity of offense. The above penalties at no time shall conflict, supersede or cancel any rule or penalty outlined in the approved Rules and Regulations of the Collier County Airport Authority. Any person violating any of the provisions of the IMM Ground Vehicle Operations Program Shall be deemed guilty of a separate offense for each and every portion thereof as indicated in the Airport Rules and Regulations and/or RAM Ground Vehicle Operations Program. Persons found to have accessed the Airport without proper authoricatioin or are found to be in areas not authorized by Airport Management shall be referred to the local law enforcement agencies for prosecution. [ 161 4�2� ,. , t ��. _ �.� ;�., . -- ri.... �� �� �� . ■ram'' r ��s - � , . .ti '�� •' i '•;_� k yl 1 A — vy. x � �� �. } irporf Ground Vehicle Access Plan Restricted Areas The area depicted on this graphic is accessible only by Airport Authority Staff unless otherwise granted in writing by Airport Management 0 9] Everglades Airpark 2012 Rates and Charges BuNine Hates Office Space $12 Per Sq Ft/ Year T- Hangars $2.3612 PerSq Ft /Year Storage Space $3,716() Per S Ft/Year Daily Transient Hangar Fees — space available basis T- Hangar $35 Bulk Hangar I Monthly Single Engine $25 Multi - Engine $50 Turbo -Prop $1D0 Jet $150 The Airport Authority adjusts T- Hangar, Storage Unit, and Large Cargo hangar rents annually every January Ist based on the Consumer Price index (CPI). Tie -Down verni ht Parking Fees Single Engine (Grass) $60 Monthly' Tie - down /o ,yernight fees are charged per sire of aircraft and space occupier!. Gliders and helicopters will be treated as single engine aircraft. 'Must enter into 3 -month minimum tie -down agreement Parklne Fee Exemptions Al Aircraft — w fuel a urchase 1 night waived with up to 50 gallons purchased 2 nights waived with 50 - 99 gallons purchased 3 nights waived with >100 gallons purchased Everglades A!rpark 2012 Rates and Charges Page 1 of 3 Effective r? r- Daly weeidy I Monthly I Monthl single Engine $5 $25 $75 $60 Multi Engine $10 $50 $1 �5 $90 Turbo -Prop $15 $75 $150 1 $120- Single Engine (Grass) $60 Monthly' Tie - down /o ,yernight fees are charged per sire of aircraft and space occupier!. Gliders and helicopters will be treated as single engine aircraft. 'Must enter into 3 -month minimum tie -down agreement Parklne Fee Exemptions Al Aircraft — w fuel a urchase 1 night waived with up to 50 gallons purchased 2 nights waived with 50 - 99 gallons purchased 3 nights waived with >100 gallons purchased Everglades A!rpark 2012 Rates and Charges Page 1 of 3 Effective r? r- Fue—. I Fees AVGAS Full Service Fueling Cost + Flowage +$0.75 Per Gallon Self Serve Fueling Cost + Flowage +$a.50 Per Gallon A $0,05 %galIon fuel discount will apply to all non-commerdaI tenants with a current T- Hangar or Tie - Down Agreement. Fuel Flowage Fees Flowage /Inspection Fee $0.20 Per Gallon (Private Tanks -Self Fueling) Flowage (Airport Authority) $0.25 Per Gallon (Fuel Dispensed From CCAA Tanks) Self- Fueling Permit Application $1,000 Mon - Refundable Fee Qther Roles and Fees Camping $12 Per Night includes tie - down /ovemight parking for single- engine aircraft with prior approval from Airport management. Merchandise for resale Cost x 1.5 After -Hours Charge $30 Per Hour Escort Fee $35 Per Hour (1 hour minimum) The escort fee has been established to cover operational costs for tenants requesting an escort. Airport Event Fee Negotiated Per Event Hangar Reservation Fee $200 Non refundable Commercial Operating Fee $200 Annual Transient Commercial Up To 15% Per Event (Based on Grass Receipts Non - Aeronautical Usage Fee or Fixed Negotiated Rate) Everglade5 Airpark 2012 Rates and Charges Page 2 of 3 Effective ';;� Transient Commercial UP To 1096 Per Evert (Based an Gross Receipts Aeronautical Usage Fee or Fixed Negotiated Rate) Late Fee 18% Annual Payments received 30 days after the flue date will be considered LATE, a late payment charge of 1.5% monthly will apply, Photo Copy Machine $D.15 Per Page Vendor Fee $25 Per Day Bicycle Rental $4.72 Per Bicycle Rental Fuel /Oil Spill Cleanup Direct Cost The customer is responsible for all costs associated with the cleanup of any fuel /oil spill due to the customer's operations or condition of the customer's aircraft. Vending/Video Games 30% Per month based on Gross Receipts Catering 15% Per month based on Gross Receipts Keys /Locks: First 1 keys No Charge After first 2 keys $20 /Key Lock Change $70 /Per Change Every terra n will be Issued two (2) keys at no charge to allow them access to their hangar or other leasehold. Additional or replacement keys shall be purchased for a non - refundable fee of $20 each. Upan termination of a leasehold, ail keys issued to tenants will be returned to the Airport Authority. If all keys are not returned, a charge of $70 for a lock change, tax included, will be charged. If the tenant requests a lock change, there will be a charge of $70 for the lock change. Rental Car Agency Operating Fee 15% Based on Total Gross Receipts (On and Off Airport Companies) Public Information Requests Fees shall be imposed pursuant to Collier County Resolution 2D07 -327 as approved by the BCC November 13, 2007 Advertising space is available upon request Everglades Airoark 2012 Rates and Charges Effective Page 3 of 3 s WAI 0M Immokalee Regional Airport 2012 states and Charges Office Space T- Hangar Units T- Hangar Storage Units Large Corporate Hangars Buil— .,.ding Rates $12 Per Sq Ft/Year $2.6192 Per Sq Ft/Year $4.079 Per Sq Ft/Year Negotiated (At this time) Daily Transient Hangar Fees — space available basis T- Hangar Bulk Hangar Single Engine Multi - Engine Turbo -Prop Jet $35 $25 $50 $100 $150 The Airport Authority adjusts T- Hangar, Storage Unit, and Large Cargo hangar vents annually every January 11t based on the Consumer Price Index (CPI). Land Non- Aeronautical $4.14 Aeronautical $0,10 Per sq Ft/Year Adjusted per CPI Per Sq Ft/Year Adjusted per CPI Tie - Down /Overnight Parking Fees Single Engine (Grass) $60 Monthlyl Tie - down /overnight fees are charged per size of aircraft and space occupied. *Gliders and helicopters will be treated as single engine aircraft IMust enter into 3 month minimum tie -down agreement lmmokalee Regionat Airport 2012 Rates and Charges Effective Page 1 of 5 J� / Wing Span Daily Weekly Monthly Monthly Single Engine n/a $5 $25 $75 $60 Multi Engine n/a $10 $50 $125 $90 Turbo -Prop n/a $15 $75 $150 $120 Jet - Small c 42' $Z5 $115 $230 $150 Jet - Medium 42' to 57' $30 $140 5280 1 8200 Jet - Large > 57' $45 $2(}S $410 $25U Single Engine (Grass) $60 Monthlyl Tie - down /overnight fees are charged per size of aircraft and space occupied. *Gliders and helicopters will be treated as single engine aircraft IMust enter into 3 month minimum tie -down agreement lmmokalee Regionat Airport 2012 Rates and Charges Effective Page 1 of 5 J� / Parking Fee Exemptions All Aircraft — First night w /fuel purchase (5o gallon minimum for Jet -A fuel) Piston: 2 night waived with up to 50 gallons purchased 2 nights waived with $0 - 99 gallons purchased 3 nights waived with y100 gallons purchased Turbine: 2 nights waived with 250 -- 499 gallons purchased 3 nights waived with 500 — 749 gallons purchased 5 nights waived with !750 gallons purchased Jet A with Prist add $0,05 per gallon Flight School AvGas Discount Cost + Flowage + $0.50 The Flight School Discount offers a reduced aviation fuel price for those Flight Schools purchasing a minimum of 1500 gallons of Avgas fuel during the current fiscal year (October 1 through September 30). Customers will be billed, and credit cards will not be accepted under th is program. To qualify for this program, customers' credit worthiness will be evaluated. Annual Volume Discount Program Self- Service < 30,000 gallons 3 0,041 - 60 ,000 ga l to n s 50,001 - 90,000 ga I Ions > 90,008 gallons ImmvkaIee Regional Airport 2012 Rates and Charges Effective Cost + Flowage + $0.30 Cost + Flowage + $0,25 Cost + Flowage + $0.20 Cost + Flowage + $0.15 Page 2 of 5 30 Fuel Fees AVGAS -Self Service Fueling Cost + Flowage +$0.54 Per Gallon Fuel Service Fueling Cost + Flowage +$0.79 Per Gallon Jet A Self Service Fueling Cost + Flowage +$0.76 Per Gallon Full Service Fueling < 250 gallons Cost + Flowage + $1,01 Per Gallon 250 -499 gallons Cost + Flowage + $(),g1 Per Gallon 500- 749gallons Cost + Flowage + $0,$1 Per Gallon 750 -999 gallons Cost + Flowage + $0.71 Per Gallon > 1000 gallons Cost + Flowage + $0,f+1 Per Gallon Jet A with Prist add $0,05 per gallon Flight School AvGas Discount Cost + Flowage + $0.50 The Flight School Discount offers a reduced aviation fuel price for those Flight Schools purchasing a minimum of 1500 gallons of Avgas fuel during the current fiscal year (October 1 through September 30). Customers will be billed, and credit cards will not be accepted under th is program. To qualify for this program, customers' credit worthiness will be evaluated. Annual Volume Discount Program Self- Service < 30,000 gallons 3 0,041 - 60 ,000 ga l to n s 50,001 - 90,000 ga I Ions > 90,008 gallons ImmvkaIee Regional Airport 2012 Rates and Charges Effective Cost + Flowage + $0.30 Cost + Flowage + $0,25 Cost + Flowage + $0.20 Cost + Flowage + $0.15 Page 2 of 5 30 Full- Service 50,000 gallons 50,001 - 100,000 gallons > 100,000 gallons Cost + Flowage + $0.50 Cost + Flowage + $0.40 Cast + Flowage + $0,30 The Annual Volume Discount Fuel Program offers reduced aviation fuel prices for large- quantity purchasers of fuel. Customers must have purchased more than 30,000 gallons of fuef in the previous fiscal year or commit to purchase a minimum of 30,000 gallons during the current fiscal year (October 1 through September 30). Customers wishing to take advantage of this program will be charged the non - discounted rate for the first 30,000 gallons. Once 30,400 gallons have been purchased, the Customer will receive a credit to be used for future fuel purchases for the remainder of the fiscal year. Credit balances remaining at the end of the fscal year revert back to the Authority. Customers will be billed, and credit cards are not accepted under this program. To qualify for this program, customers' Credit worthiness will be evaluated. Fuel Ellowasee Eles Flowage /Inspection Fee $o.zo Per Gallon (Private ranks - Self Fueling) Flowage (Airport Authority) $0.2.5 Per Gallon (Fuel Dispensed From CCAA Tanks) Seif - Fueling Permit Application $1,000 Non- Refundable Fee Camping Fees Other Rates and Fees $12 Per Night Includes tie -down /overnight parking for single engine aircraft with prior approval from Airport management. Merchandise for Resale Cost x 1.5 Lavatory Cart Service $30 Ground Power Unit $40 $20 *Services available by request only with 24 hours notice Per Service* Per Service (Up to 2 Hours)* Each Additional Hour Dishwashing $25 Per Service (Automatic) $40 Per Service (Hand Washing) After -Hours Charge $50 Per Hour Immokalee Regional Airport 2012 Rates and Charges Page 3 of 5 Effective ,_-� Courtesy Vehicle Late Fee $30 Per Hour Escort Fee $35 Per hour (1 hour minimum) The escort fee has been established to cover operational costs for tenants requesting an escort. Airport Event Fee Negotiated Per Event Hangar Reservation Fee $200 Non refundable Commercial Operating Fee $200 Annual Aircraft Tow Fee $25 Per Tow (Advanced Notice Required) Transient Commercial Up To 15% Per Event (Based on Gross Receipts Non - Aeronautical Usage Fee or Fixed Negotiated Rate) Transient Commercial Up To 10% Per Event (Based on Grass Receipts Aeronautical Usage Fee or Fixed Negotiated Rate) Late Fee 18% Annual Payments received 30 days after the due date will be considered LATE, a late payment charge of 1.5% monthly will apply. Conference Room Usage $25 Per Hour $125 Per Day Photo Copy Machine $0.15 Per Page Vendor Fee $25 Per day Rental Gar Agency Operating Fee 15% Based on Total Gross Receipts (On and Off Airport Companies) Fuel /Oil Spill Cleanup Direct Cost The customer is responsible for all costs associated with the cleanup of any fuel /oil spill due to the customer's operations or condition of the customer's aircraft. Vending/Video Games 30% Per month based on Gross Receipts Catering 15% Per month based on Gross Receipts Immokalee Regional Airport 2012 Rates and Charges Page 4 of 5 Effert ive M Keys/Locks: First 2 keys After first 2 keys lack Change No Charge $20/Key $70 /Per Change Every tenant will be issued two (2) keys at no charge to allow them access to their hangar or other leasehold. Additional or replacement keys shall be purchased for a non - refundable fee of $20 each. Upon termination of a leasehold, all keys issued to tenants will be returned to the Airport Authority, If all keys are not returned, a charge of $70 far a lock change, tax included, will be charged. if the tenant requests a lock change, there will be a charge of $70 for the lock change. Rental Car Agency Operating Fee (On and Off Airport Companies) Public Information Requests 15% Based on Total Gross Receipts Fees shall be imposed pursuant to Collier County Resolution 2007 -327 as approved by the $CC November 13, 2007 Advertising space is available upon request lmmokaiee Regional Ait port 2012 !fates and Champs +�- effertMI Page .5 of 5 33 Marco island Executive Airport 2012 Rates and Charges Buildin_je Rates Office Space $18 Per Sq Ft/Year Building A $4,0264 Per Sq Ft/Year Building B —Single Engine Units $4.2715 Per Sq Ft /Year Bu1lding.B — Multi ,Engine Units $5.1409 Per 5q Ft/Year Building B — Cabin Class Unit $5.1674 Per Sq Ft/Year T- Harigar Storage Units $2.8706 Per Sq Ft/Year gaily Transient Hangar Fees — space available basis T- Hangar $35 Bulk Hangar Weekly Single Engine $25 Multi-Engine $50 Turbo -Prop $100 Jet $150 The Airport Authority adjusts T- Hangar, Storage Unit, and taree Cargo hangar rents annually every January 1' based on the Consumer Price Index (0111), Tile-Down/Overrifelft Parkina Fees Tie- down /overnight fees are charged per site of aircraft and space occupied. G liders and helicopters will be treated as single engine aircraft 1Must enter into 3 month minimum tie -down agreement Parking Fee_ Exemptions All Aircraft — First night w /fuel Purchase (50 gallon minimum for let -A fuel) Marco island Executive Airport 2012 Rates and Charges Effective Page 1 of 4 3V Wing Span Daily Weekly Monthly MonthW Single Engine n/a $15 $70 $140 $75 Multi Engine n/a $20 $90 $180 $100 Turbo -Prop n/a $35 $160 $320 $200 Jet - Small ¢ 42' $55 $755 $510 $365 Jet - Medium 42' to 57' $65 $300 $600 $415 Jet - Large > 57' $125 $580 $1,164 $875 Tie- down /overnight fees are charged per site of aircraft and space occupied. G liders and helicopters will be treated as single engine aircraft 1Must enter into 3 month minimum tie -down agreement Parking Fee_ Exemptions All Aircraft — First night w /fuel Purchase (50 gallon minimum for let -A fuel) Marco island Executive Airport 2012 Rates and Charges Effective Page 1 of 4 3V Piston: 1 night waived with up to 50 gallons purchased 2 nights waived with 50 - 99 gallons purchased 3 nights waived with }100 gallons purchased Turbine: 2 nights waived with 250 — 499 gallons purchased 3 nights waived with 500 — 749 gallons purchased 5 nights waived with MG gallons purchased ASS Full Service Fueling Jet A Full Service Fueling < 350 gallons 350 -749 gallons X750 gallons Jet A with Prist add $0.05 per gallon Fuel Fees CO-st + Flowage + $0,95 Per Gallon Cost + Flowage + $1.92 Per Gallon Cost + Flowage + $1,87 per Gallon Cost + Flowage + $1,82 Per Galion A $0.05 /gallon fuel discount will apply to all non - commercial tenants with a current T- Hangar or Tie - Down Agreement. Fuel Flowage Fees Flowage /Inspection Fee $0,20 (Private Tanks - Self Fueling) Flowage (Airport Authority) $0.25 (Fuel Dispensed From CCAA Tanks) Self- Fueling Permit Application $1,000 Other Rates and Fees Landing Fee $1,40 Per Callon Per Gallon Non - Refundable Fee Per 1,0001bs Landing Fees for aircraft 12,500lbs Maximum Gross Landing Weight (MGLW) and above. Fee is charged per 1,000lbs MGLW. Merchandise for resale Cost x 1.5 Lavatory Cart Service $30 Marco Island Executive Airport 2012 Rates and Charges Effective Per Service Page 2 of 4 -?S- Ground Power Unit $40 Per Service (Up to 2 Flours)* $ �0 Each Additional Hour Dishwashing $25 Per Service (Automatic) $40 Per Service (Rand Washing) After -Hours Charge $50 Per Hour CourteseyVehicle Late Fee $30 Per Hour Escort Fee $35 Per Flour (i hour minin, urn) The escort fee has been established to cover operational costs for tenants requesting an escort. Airport Event Fee Negotiated Per Event Hangar Reservation Fee $200 Non refundable Commercial Operating Fee $200 Annual Aircraft Tow Fee $25 Per Tow (Customer Requested) Transient Commercial Up To 15% Per Event (Based on Gross Receipts Non - Aeronautical Usage Fee or Fixed Negotiated Rate) Transient Commercial Up To 106 Per Event (Based on Gross Receipts Aeronautical Usage Fee or Fixed Negotiated Rate) Fuel /Oil Spill Cleanup Direct Cost The customer is responsible for all frosts associated with the cleanup of any fuel /oil spill due to the cu stomer5 operations Dr condition of the customer'5 aircraft. Late Fee 18% Annual Payments received 30 days after the due date will be considered LATE, a late payment charge of 1.5% monthly will apply, Conference Roorn Usage $25 Per Hour $125 Per Dav Photo Copy Machine $0.15 Per Page Marco Island 6xecutivp Airport 2012 Rates and Charges Effective Page 3 of 4 Vendor Fee Keys /Locks: $25 First 2 keys After first 7 keys Lock Change Per pay No Charge $zo /Key $70 /Per Change Every tenant will be issued two (2) keys at no charge to allow them access to their hangar or other leasehold. Additional or replacement keys shall be purchased for a non - refundable fee of $20 each. Upon termination of a leasehold, aft keys issued to tenants will be returned to the Airport Authority. If a I I Keys are not returned, a charge of $70 for a lock change, tax included, will be charged, if the tenant requests a lock change, there will be a charge of $70 for the lock change. Public Information Requests Fees shall be imposed pursuant to Collier County Resolution 2007 -327 as approved by the SCC November 13, 2007 Advertising space is available upon request Concession Fees Aircraft Cleaning/Detaiiing 15% Based on Gross Receipts Service Operating Fee Catering Services Operating Fee 15% Based on Gross Receipts Rental Car Agency Operating Fee 15% Based on Gross Receipts (On and Off Airport Companies) Vending /Video Games 30% per month based Gross Receipts Marro Island Executive Airport 2012 Rates and Charges Effective Page 4 of 4 i EXECUTCVE SUMMARY Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves a Resolution accepting as complete the 20,OOQ square foot building shell constructed by DcAngelis Diamond Coustruetion, Inc. at the Immokalee Re 'oval AirporL OBJECTIVE: nat the 20,000 square -foot building shell constructed by DeAngelis Diamond Construction, Inc. at the Immokalee Regional Airport be accepted as complete. CONSIDERATIONS: Qn June 24, 2008, Agenda Item I6G5, the Board of County Commissioners authorized the Airport Authori[y to utilize $1,000,000 from the Immokalee Development Fund to match a United States Department of Agriculture (USDA) Rural Business Crrmt (RBEG) for the constructiont of a 20,000 square font manufacturing facility at the Imrnokalee Regional Airport. Additionally, the Berard authorized the application for a $495,000 USDA RBEG and far the Authority's Executive Director to sign all related document.-, to consummate the RBEG. USDA Rural Development (RD) requires all pay applications for the contractor be approved by the architect/engineer, the Airport Authority and USDA RD. In order to approve final payment for the contractor, USDA RD requires a resolution from the Airport Authority accepting the project as complete. The contractor, DeAngelis Diamond Construction, Inc., has completed construction of the 20,000 square -foot shell in accordance with the plans and specifcations to the satisfaction Airport Authority, FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Surnmary. LEGAL, CONSIMRATIONS: The County Attorney has reviewed this item which is legally sufficient and requires a majority vote for approval. - JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, approves the attached Resolution accepting as complete the 20,000 square foot manufacturing building shell constructed by DeAngelis Diarnond Construction, Inc. at the l nunokalee Regional Airport. PREPARED BY: Chris Carry, Airport Authority Executive Director -39 RESOLUTION NO. 2012 - RESOLUTION OF TM BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY, ACCEPTING AS COMPLETE THE 20,000 SQUARE FOOT MANUFACTURING BUILDING SHELL CONSTRUCTER BY DEANGELIS DIAMOND CONSTRUCTION, INC., AT THE IMMOKALEE REGIONAL AIRPORT. WIiEREAS, the 20,000 square -foot manufacturing building shell consu meted by . DeAngelis Diamond Construction, inc. (Contractor) at the Immokalee Regional Airport was partially fimded by a United States Department of Agriculture (USDA) Rural Business Enterprise Grant (RBEG); and VVHEREAS, the USDA requires a Resolution from the Airport Authority aceeptiDg the project as oomplete in order to approve final payment to the Contractor, and NVHEREAS, the Contractor has completed construction in accordance with the plans and specifications to the satisfaction of the owner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN'T'Y COMMSSIONF,.RS OF COLLIER COUNTY, FLORIDA, ACTING AS THE COLLIER COUNTY U;tPORT AUTHORITY, that the 20,000 square foot manufacturing building:sbetl constructed by DeAngelis Diamond Construction, Inc., at the Immokalee Regional A'uport is hereby accepted as complete. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this the 10th day of January, 2012. ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSiONT.IRS COLLIER COUNTY, FLORIDA ACTING AS THE COLLIER COUNTY AIRPORT AUTHORITY By: FRED W. COYLE, CHAIRMAN 37 SUB -LEASE AGREEMENT THIS SUB -LEASE AGREEMENT, made this day of February, 2012, between the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as the "Authority`) and Three Mayhoods LLC., a corporation, (here naffes referred to as "Sub - Lessee "), collectively stated as the "Parties." RECITALS: WHEREAS, Authority is responsible for operation and maintenance of the Immokalee Regional Airport ("Airport"), which it leases from Collier County pursuant to a Lease Agreement dated May 24, 1994, as amended, which lease term expires May 23, 2025 C'Master Lease "); and WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease certain properties to Sub - Lessee on the terms and conditions set forth below. WITNESSETH: NOW, THEREFORE, in consideration of Teri Dollars ($10,00) and other good and valuable consideration exchanged arnongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter inter this Sub -Lease an the following terms and conditions: 1. Conveyance. ' On the terms and. conditions set: forth in this Sub - Lease, and in consideration of the Sub-Lessee's performance under this Sub - Lease, the Authority conveys to the Sub- Lessee the present possessory interest in the leased premises described below. 21.:Descri Lion of Suh- Lzased Premises.. The-Sub- Leased Premises which is the subject of this Sub - Tease is a two (2) acre area of land- located at the U=okalee Regional Airport, Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises." 3. Initiall rerrn: The ini t al term of this Sub -Lease shall commence as of the date first set forth above, and unless extended as set forth herein, shall terminate on January 31, 2022. 4. Surrender ai Expiration. Upon expiration or termination of lease term, Sub- Lessee building shall remain under the ownership of the Sub - Lessee or his assigmee. Sub - Lessee shall, at Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All improvements, alterations or additions made by the Immokalee Regional Airport shall remain the property of the Imrnokalee Regional Airport when the property is vacated by Sub - Lessee at the termination of this Sub -Lease or any extension thereof, and shall mimain upon and be surrendered with Sub- Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To the extent that any hazardous substances are detected on the Sub- Leased Premises and generated by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and Ravised_ ]anuary 3, 3012 C:AO VO expense, shall remediate such hazardous substances, except if such hazardous substances were deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub - Lessee. 6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the Authority that it has examined the title and boundaries of the Premises. Accordinbly, this conveyance is subject to al] of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may. arise in the future; and d. The Sub - Lessee's satisfactory perform6nee of all terms and conditions of this Sub - Lease. 7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub- Lessee to operate , which use the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in the public's interest. The Authority shall. have the right to.terminate this Sub -Lease should the Sub - Lessee utilize the Premises in any manner inconsistent witfi-.fhe approved use. In the event the Sub - Lessee shall cease. to :use the Premises foi: the purposes -described above, and such cessation of use shall continue for 'a period of sixty (60) days; th is Sub - Lease, at the option of the Authority, upon thirty (30) days written notice to the Sub- Lessee, shall be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (3 0) days after notice of such terrninatfon. Provided,.. however, said sixty (60) day period shall be toiled if such cessation is caused by events beyond the control of the Sub- Lessee such as acts of God or if such cessation is due to closirig for reconstruction or r p' airs to the Premises. 8. Permissible Alterriations and Additions to Premises. The Sub - Lessee may not make any alterations or additions to the Premises without first obtaining the Authority's prior written consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall submit to the Authority plans and specifications for all alterations and additions at the time such consent is sought. 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be aeronautical in nature. The rent shall be paid in advance, for each month during the term of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI -iJ) base published by the Bureau of Labor Statistics, United States Departmcnt of Labor. The Consumer Price Tndex to be used will be that for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of 2 Revised: lanamy 3, 2012 CAO 7 the most recent CPI published for the Current lease year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional base rent shail be the percentage difference between the two preceding CPI's. In no event shall the base rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period. 10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub- Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless from any and all claims, costs and obligations arising from the Sub- Lessee's use of the Premises. In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically agreed however, that the Authority may at .its-.own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 11. Liens and Mortgages. The Sub-Lessee-shall riot in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact (that the interest of the Authority in the Premises shall not be subject to liens for improvements mad& by the Sub - Lessee and liens for improvements made by the Sub - Lessee are specifically prohibited trorn attaching to or becoming a lien on the interest of the Authority in the. Premises.or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes. 12. Qbli ation io Maintain-Premises and Cam 1 with All Lawful R2quirements. The Sub - Lessee, throughout the term of this Sub- Lcase,.at its own cost, and without any expense to the Authority, s]Wl- keep and maintain the -Premises. -in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements_ Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning), Such repair may also include structural repair, if deemed necessary by the. Sub-Lessee.'. If the Premises are not in such compliance in the reasonable opinion of the Authority, the Sub- Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, the Authority may cause the same to be corrected and the Sub - Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority, together with a 5% administrative fee. 13. Quiet Enjoyment. The Sub -Lessor shall be entitled to quiet enjoyment so king as the Sub- Lcsscc has not defaulted on any of the terms of this Sub-Lease- Accnrdingly, the Sub-Lessee shall have the exclusive right to use the Premises during the term of this Sub- Lease. During the term of this Sub- Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such signage shall be in compliance with all applicable codes and ordinances. 3 Revised: Januury 3, 2012 CAO 4/'_7 14. Casual and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by the Parties, by fire or outer casualty, and the Sub- Lessec must use the insurance proceeds, hereinafter referred to as `Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Authority provides the Sub - Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be promptly remitted to the Authority. If the Authority elects not to repair or replace the improvements, then the Sub- Lessee or the Authority may terminate this Sub - Tease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (94th) day alter such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the elate of such casualty and the date of termination, Sub- Lessee will cease its operations as may be necessary or appropriate. If this Sub -Lease is not terminated asset forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by the Sub- Lessee and the Authority, the Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to rebuild and repair the Premises to substantially the con* on*dition :as existed prior to the. casualty. b. Condemnation. The. Authority may terminate this Sub -Lease as part of a condemnation project. '11ie Authority will use its best efforts-to mitigate any damage caused to the Sub - Lessee as a result of such termination; however, m no event will the Authority be liable to the Sub- Lessee for any poritpensation as a.iesult of such termination. 15. Access to Premises. The Authority, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee, to enter into and upon the Premises during normal business hours, or such othcr times with the consent of the Sub- Lessee, to inspect the Premises, verify compliance with the terms of this Sub - Lease, or make any required repairs.not being timely completed by the Sub- Lessee. 16. Sub- Lessee's Access to Premises. Based on the location of Sub- Lessee's premises on the airport, Sub - Lessee is expected to take the most direct route. The most direct muting will negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a greater degree of safely .and decrease the likelihood o f runway incursions. Gate A access will be provided to access your "Prerr,ik.e'. 17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, mithin one hundred twenty (120) days after termination of the Sub -Lease term, the Sub- Lessee shall redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have the right at any time during its occupancy of'the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Sub- Leasc, Authority shall have the option of either requiring Sub - Lessee to demolish and remove all improvements made by Sub- Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to retain said improvements with fixtures on the Premises which improvements and fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises. 4 Revived: January 3, 2012 CAO 4/0 18. AssigWent. Sub - Lessee may assign this Sub -Lease upon the written consent of the Authority, which consent shall not be unreasonably withheld. 19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the Authority, as determined by Coll ier County Risk Management. 20. Defaults and Remedies. a. Defaults by Sub- Lesscc. The occurrence of any of the following events and the expiration of the applicabie carne period set forth below without such event being cured car remedied will constitute a "Default by Sub - Lessee" to the greatest extent then allowed by law- i. Abandonment of Premises or discontinuation of Sub- Lessee's operation. ii. Sub - Lessee's material misrepresentation of any matter related to this Sub - Lease. iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of execution and/or other process of law or equity_ iv. Sub- Lessee's failure to utilize the Premises as set forth above. V. Any lien is filed against the Premises or &6- Lessee's interest therein or any part thereof in violation of this Ste- Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless, withiii such period, Sub - Lessee is contesting in good faith the validity: of such lien and such lien is appropriately bonded. vi, Failure of Sub -Lessee to perform or comply with any material covenant or condition made under this Sub- Lease, which failure is not cured within ninety (90) days from receipt of Authority's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) clay notice period (or such additional time as is agreed to in writing by Authority as being: reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Sub - Lessee, and this Sub - Lease may be immediately terminated by Authority except to the extent then prohibited by law. b. Remedies of Authority. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other rights and remedies it may have, shall have the RevisaE January 3, 30U CAO ov immediate right to re-enter and remove Al individuals, entities andlor property from the Premises. Such property may be removed and stored in a Public warehouse or elsewhere at the cost of and for the account of Sub - Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby, If Sub - Lessee does not cure the defaults in the time frames as set forth above, and Authority has removed and stored property, Authority shall not be required to store for more than thirty (34) days. After such time, such property shall be deemed abandoncd and Authority shall dispose of such property in any manner it so chooses and shall not be liable to Sub - Lessee for such disposal. ii. If Sub - Lessee ('ails to promptly pay, when due, any full. installment of rent or any ofiff sum payable to Authority under this Sub - Lease, and if said sum remains unpaid for more than five (5) clays past the due date, the Sub - Lessee shall pay Authority a late payment ch*e equal to five percent (5 1/6) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2 °l0) percent- per month or the highest interest rate then allowed by Florida law, whichever is higher ( "Default Rate "), which interest shall be promptly paid by Sub:-Lessee to Authority. iii. Authority may sue f6r direct, actual damages. arising out ol` such default of Sub .;-Lessee or apply for injunctive . relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise. Authority shall be entitled to reasonable attorneys fees and costs incurred arising out -of Sub - Lessee's default udder this Sub - Lease. c. Default by Authori Atithority shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Authority shall have failed to perform sucli.obligations: within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Authority by Sub - Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or opinion, Authority has failed to perform any such obligation(s). d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged to Sub- Lessee, Sub- Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Authority's breach of this Sub - Lease. Sub - L'essee's remedies for Authority's default under this Sub - Lease shall be limited to the following: L For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Authority under this Sub - Lease. 6 Rcviscd. January 3, 2012 CAO �,.� ii. Sub - Lessee may cure any default of Authority and pay all sums or do all reasonably necessary work and incur all reasonable casts on behalf of and at the expense of Authority. Authority will pay Sub - Lessee on demand all reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf of Authority, with no intcrest. e. No Remedv Exclusive. No remedy herein conferred upon or rescaved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Sub -Lease or hereafter existing under law or inequity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as oftcn as may be deemed expedient. f. Non - Waiver. Every pmvisivn bereof imposing an obligation upon Sub - Lessee is a material inducement and consideration for the execution of this Sub -Lease by Sub - Lessee and Authority. No waiver by Sub - Lcssee or Authority of any breach of any provision of this Sub-Tease wifl be deemed for any. purpose to be a waiver of any breach of any other provision hereof or of any continuiiig or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. 21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease Manual (if any), which the Authority may be amend from time to time. The terms of this manual shall be deemed to be'incorporated by reference into this Sub - Lease, and Sub- Lessee shall be bound by the terms of. this Lease Manual, as 4 he 1 S` day of -the second month the Sub - Lessee receives a copy of the Lease Manual or an amended T,caseManual. With respect to any terms in this Sub -Lease which are in cvnfliet'with the Lease Manual, the Lease Manual shall control. 22.* Rules and Re ulations, - The Sub- L'wsee shall comply with the Authority's published Rules and Regulations for'this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges, as'may from time to time be levied for airfield operational privileges and/or services provided at the Airport, provided all such Rules and Regulations comply with current FAA niles, regulations and guidelines. Tenant shall also comply with any and all applicable governmental statutes, riles, orders and regulations. 23. Airport Dcvclo.pment The Authority reserves the right to fiulher develop car improve the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of'the Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein shall be construed to limit or impede Sub - Lessee's rights to object to any such development or improvements in any lawful manner. 24. Airport Operations. The Sub - Lessee shall prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, and will restrict the height of st uctures, objects of natural growth and 7 Rcviscd; January 3, 2012 CAQ other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part 77. Miscellaneous Legal Matters 25. This Sub -Lease shall be construed by and controlled under the laws of the State of Florida. in the event of a dispute under this Sub - Lease, the Parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Sub - Lease, which Court the parties agree to have the sole and exclusive jurisdiction. 26. This Sub -Lease contains the entire agreement of the Parties with respect to the matters covered by this Sub - Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Sub -Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Sub -Lease by the Parties. 27. in the event state or federal laws are cnacted after the execution of this Sul -Lmse, which are applicable to and preclude in whole or in*p�rt the,.Parties' compliance".Nith the terms of this Sub- Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to comply with such laws, in amanner which-best refisGts the.ihtcnt of this Sub- Lease. 28. Except as otherwise }provided herein, this Sub -Lease shall only be amended by mutual written consent of the Parties hereto or by their 'successors'iit 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 timo 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 da)s which, for purposes of this Sub -Lease shall . be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Authority: Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 (239) 642 -7878 cc, Real Property Management 3335 Tamiami Frail Cast, Suite 101 Naples, Florida 34112 Irto Sub - Lessen: L. W. Mayhood 24020 Production Circle Bonita Springs, FL. 34135 Revised. January 3, 2012 CAO 7 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 recognised overnight delivery service. 29. Sub - Lessee is an independent entity, and is not any agent or representative or employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting on behalf of Sub - Lessee, shall hold itself out as an employee, servant, representative or agent of Authority. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Sub-Lease yr to have any rights to enforce this Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub - Tease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Sub - Lessee acknowledges that Authority is not providing any vacation time, sick pay, or outer welfare or retirement benefits normally associated with an employee- employer relationship and that Authority excludes Sub - Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 34. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the performance of any obligation under this- Sub -Lease or of My inability to perform an obligation under this Sub -Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Wjeure. * "Force Majeure" shall include an act of God, war (declared or undeclared), Sabotage, rioi; insurrection, civil unrest or disturbance, military or guerrilla action, economic sanctuih or embargo, civil strike, work stoppage, slow -down or lock- out, explosion, fire, earthquake, "ormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 31.: hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances relating thereto, nor permit employees, representatives, agents, contractors, sub - contractors, sub - sub- contractors, material men and/or suppliers to engage in such activities upon or about the Sub - Leased Premises. 32. N_ ondiscrimination Clause, The Sub - Lessee for himself, his personal representatives, successors in interest, and, assigns, as part of the consideration hereof, does hereby covenant and agree drat (1) no person on the grounds of race, color, or national origin shall be excluded in participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Sub- Leased Premises; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the gmunds of race, color or national origin shall be excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3) That the Sub- Lessee shall use the Sub-Leased 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, Nondiscrirnination in Federally assisted programs of the Department of Transportation- Lffectuation of Title VI of the Civil Rights Act of 1964, as said 9 Revised: lanuary 3.2012 CAo regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Authority shall have the right to terminate this Sub -Lease and to re -enter and as if the Sub -Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 33. Radon. in compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. L.,evels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County public Health Department. . . 34. Dominant AMements. Ihis Sub -Lease Agreement is.subardimte and subject to all existing agreements between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and the Authority and Collier County. During the time of war or national emergency, the Authority shall have the right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, .and, if such- lease is executed, the provisions of this Lease Agreement insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. Any executed agreeinent shall be subordinate to the provisions of any existing or future Agreement between Authority and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport. 35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records of Collier County, Florida, within fourteen (14) days after the execution of this Sub- Lease, at the Sub - Lessee's sole cost and 'expense.:' IN. WI'T'NESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub - Lease Agreement the day and year first above written. AS TO TBE SU$- LESSEE: Witness (signature) (print name) Witness (signature) (print name) Leroy W. Nfaybood 10 Revised: January 3, 2012 C:AO AS TO ME AUTHORITY: ATTEST: D WIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and legal sufficiency: Steven T. Williams Assistant County Attorney Rrvised; January 3, 2012 CAO BOARD OF COUTNTY COI SMSIONERS COLLIER COUNTY, FLORIDA IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By. if FRED W. COYLE, Chairman 5 -0 SUB -LEASE AGREEMENT THIS SUB -LEASE AGREEMENT, made this _ day of , 2012, between, the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Mr, Ralph Hester, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."' RECffALS: WITEREAS, Authority is responsible for operation and maintenance of the Innmokalee Regional Airport ( "Airport "), which it leases from Collier County pursuant to a Lease Agreement dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and WIiEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease certain properties to Sub - Lessee on the terms and conditions set forth below. 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 hereby enter into this Sub - Lease on the following terms and conditions: I. Conveyance. an the terms and conditions set forth in this Sub - lease, and 'in consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to the Sub - Lessee the present possessory interest in the leased premises described below. 2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject of this Sub -Lease is a 200 -acre area of land, which equates to 8,712,000 square feet of leased area, more particularly described in the attached Exhibit "A", hereinafter referred to as the "Premises." 3. Initial Term: Mr. Fester will be permitted to graze cattle in said operational area at the Immokalee Regional !airport on a month -to -month basis effective This Agreement may be terminated with or without cause upon thirty (30) days written notice by either party to the other without liability by either party. 4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee shall, at Sub - Lessee's expense, remove tenant's personal property and trade fixtures and those of all persons claiming uauder Sub - Lessee- from the Sub- Leased Premises. All improvements, alterations or additions made by the Immokalee Regional Airport shall remain the property of the Irnmokalee Regional Airport when the property is vacated by Sub - Lessee at the termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered with Sub- Leased Premises. The Parties may also conduct an Environmental Phase 2 audit_ To the extent that any hazardous substances are detected on the Sub - Leased Premises and generated by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and expense, :5% shall remediate such hazardous substances, except if such hazardous substances were deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub - Lessee. 6. Conditions to Conveyance, The Sub - Lessee warrants and represents to the Authority that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. The Sub- Lessee's satisfactory performance of all terms and conditions or this Sub - Lease. 7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub - Lessee to utilize property for the purpose of cattle grazing, which use the Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and such cessation of use shall continue for a period of sixty (60) days, this Sub- Lease, at the option of the Authority, upon thirty (3 0) days written notice to the Sub - Lessee, shall be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Sub- Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises. 8. Permissible Alternations and Additions to Premises. The Sub- I,,essee may not make any alterations or additions to the Premises without first obtaining the Authority's prior written consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall submit to the Authority plans and specifications for all alterations and additions at the time such consent is sought. 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $20x4.44 per annum, in equal monthly installments of $166.61 plus applicable sales tax. The rent shall be paid in advance, for each month during the term of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only when it shall be determined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will be that for the South Urban Size C. Area (or comparable index if such index in discontinued), hereinafter cared "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of the most recent CI'i published for the current lease year against the most recent CPI published greater than 12 months preceding the most current CPI. The amount of the additional base rent shall be the percentage difference 2 S �;Z between the two preceding CPI's. In no event shall the base rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period. 10, Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, the Sub- Lessee: shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. To the extent authorized by law, the Sub­-Lessee will indemnify and hold the Authority harmless from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises. In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically agreed however, that the Authority may at its own cost and expense participate in the Iegal defense of such claim, with legal counsel of its choosing. 11. Liens and Mort a, es. The Sub - Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are }gut upon notice of the fact that the interest of the Authority in the Premises shall not be subject to liens for improvements made by the Sub - Lessee and liens for improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Authority in the Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. 10, )Florida Statutes. 12. Obligation to Maintain Premises and Com& with All Lawful Hpquirements The Sub - Lessee, throughout the term of this Sub - Lease, at its own cost; and without any expense to the Authority, sball keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, fence installation and repairs, grass cutting, and gate maintenance. Such repair may also include structural repair, if deemed necessary by the Sub - Lessee. If the Premises are not in such compliance in the reasonable opinion of the Authority, the Sub - Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, the Authority may cause the same to be corrected and the Sub- Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority, together with a 5% administrative fee. 13. Qpiet - Enjoyment. The Sub- Lessee shall be entitled to quiet enjoyment so long as the Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub- Lessee shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the term of this Sub - Lease, the Sub - Lessee may ermt, appropriate signage on the Premises. Any such signage shall he in compliance with all applicable codes and ordinances. 14. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by the Panics, by fire or other casualty, and the Sub- Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to 3 15-3 rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Authority provides the Sub- Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be promptly remitted to the Authority. If the Authority elects not to repair or replace the improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or ether casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Sub - Lessee will cease its operations as may be necessary or appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged to a Iess than material extent, as reasonably determined by the Sub- Lessee and the Authority, the Sub - Lessee will proceed with reasonable diligerxce, at no cost or expense to the Authority, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. The Authority may terminate this Sub -Lease as part of a condemnation project. The Authority will use its best efforts to mitigate any damage caused to the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable to the Sub - Lessee for any compensation as a result of such termination. 15. Access to Premises. Ilse Authority, its duly authorized agents, contractors, representatives and employees, shall have the right to enter into and upon the Premises to inspect the Premises, verify compliance with the terms of this Sub - Lease, conduct routine wildlife and poaching inspections, or make any required repairs not being timely completed by the Sub - Lessee. 16. Sub- Lessee's Access to Premises. Based on the locatiDn of Sub- Tessee's premises on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a greater degree of safety and decrease the likelihood of runway incursions. The Imrnokalee Regional Raceway main gate will be provided to access the Premises. 17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver possession of the Premises to Authority in good condition and repair. The Sub- Lessee shall have the right at any time during its occupancy of tho Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Sub- Lease, Authority shall have the option of either requiring Sub - Lessee to demolish and remove all improvements made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to retain said improvements with fixtures on the Premises which, improvements and fixtures will become the property of the Authority upon Sub- Lessee's vacation of the Prcmiscs. 18. Assi nment. Sub - Lessee may assign this Sub -Lease upon the written consent of the Authority, which consent shall not be unreasonably withheld. 19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the Authority, as determined by Collier County Risk Management. 4 . 20. Defaults and Remedies. a. Defaults by Sub - Lessee. The occurrence of any of the folloudng events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Sub - Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Sub - Lessee's operation, ii. Sub- Lessee's material rnismpresentation of any matter related to this Sub - Lease, If Sub - Lessee suffers this Sub -base to be taken under any writ of execution and/or other process of law or equity. iv. Sub - Lessee's failure to utilize the Premises as set forth above. V. Any lien is filed against the Premises or Sub - Lessee's interest therein or any part thereof in violation of this Sub- Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless Within such period Sub - Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded, vi. Failure of Sub - Lessee to perform or comply with any material covenant or condition made under this Sub - Lease, which failure is not cured within ninety (90) days from receipt of Authority's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Sub -Lease by giving Sub - Lessee thirty (30) clays written notice unless the default is My cured. within that thirty (30) day notice period (or such additional time as is agreed to in writing by Authority as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Sub - Lessee, and this Sub -Lease may be immediately terminatesd by Authority except to the extent then prohibited by law. b. Remedies of Authority. i. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Sub - Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Sub - Lessee does not cure the defaults so in the time frames as set forth above, and Authority has removed and stored property, Authority shall not be required to store for more than thirty (30) days. After such time, such property Shall be deemed abandoned and Authority shall dispose of such property in any manner it so chooses and shat not be liable to Sub- Lessee for such disposal. ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Authority under this Sub - Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Sub - Lessee shall pay Authority a late payment charge equal to five percent (5 %) of each such payment not paid promptly and in 1W] when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2 %) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ( "Default Rate "), which interest shall be promptly paid by Sub - Lessee to Authority. iii. Authority may sue for direct, actual damages arising out of such default of Sub- Lessee or apply for injunctive relies' as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise. Authority shall be entitled to reasonable attorneys fees and costs incurred arising out of Sub - Lessee's default under this Sub - Lease. c. Default by Authority. Authority shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Authority shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably requited to correct such default) after written notice to Authority by Sub - Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or opinion, Authority has failed to perfonn any such obligation(s). d. Remedies of Sub- Lessee. In partial consideration for the nominal rent charges! to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also waives any claim it might have to attorneys' tees and costs arising out of Authority's breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub - Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Authority under this Sub - Lease. ii. Sub- Lessee may cure any default of Authority and pay all scans or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Authority. Authority will pay Sub - Lessee on demand all reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf of Authority, with no interest. 6 SG e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either parry is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Sub -Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right aad power maybe exercised from time to time and as often as may be deemed expedient. L Non- Waiver. Every provision hereof irnposing an obligation upon Sub - Lessee is a material induearnent and consideration for the execution of this Sub -Lease by Sub - Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. 21. Lease Manual. The Sub - Lessee shall be provided with the Authority °s Lease Manual (if any), which the Authority may be amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be bound by the terms of this Lease Manual, as of the 1' day of the second month the Sub - Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control, 22. Rules and Re lations; The Sub - Lessee shall comply with the Authority's published Rules and Regulations for this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport, provided all such Rules and Regulations comply with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all applicable governmental statutes, rules, orders and regulations. 23. Airport Develonment. The Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the Tenant, and without interferenoc or hindrance. Notwithstanding the foregoing, nothing herein shall be construed to limit or impede Sub- Lcssce's rights to abject to any such development or improvements in any lawful manner. 24. Airport Operations. The Sub- Lessee shall prevent any ase of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, and wHI restrict the height of structures, objects of natural growth and other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part 77. Miscellaneous Legal Matters __ -_ 25. This Sub -Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Sub - Lease, the Parties sMl first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Sub - Leese, which Court the Parties agree to have the sole and exclusivc,jurisdiction. 26. This Sub -Lease contains the entire agreement of the Parties with respect to the matters covered by this Sub -Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained ui this Sub - Lease shall be binding or valid.. Time is of the essence in the doing, performance and observation of each and every term, covenant and mudition of this Sub -Lease by the Parties. 27. In the event state or federal laws are enacted after the execution of this Sub - Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Sub - Lease. 28. Except as otherwise provided herein, this Sub -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 Sub -Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Authority: Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 (234) 642 -7878 cc: Real Prnperty Management 3335 Tamiarni Trail East, Suite 101 Naples, Florida 34112 If to Sub- Lessee: Ralph T Rester PO BOX 2423 Irnmokalee, FL 34143 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. 29. Sub - Lessee is an independent entity, and is not any agent or representative or employee of Authority. During the term of this Sub - Lease, neither Sub- Lessee, nor anyone acting on behalf of Sub - Lessee, shall hold itself out as an employee, ser zuit, representative or agent of 8 �� Authority. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third -party. No third party is intended by the Parties to be a beneficiary of this Sub -Lease or to have any rights to enforce this Sub - Lease against either party hereto or otherwise. Nothing contained in this Sub -Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Sub - Lessee acknowledges that Authority is not providing any vacation time, sick pay, or Other welfare or retimment benefits normally associated urith an employee - employer relationship and that Authority excludes Sub - Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 30. force Maaeure. Neither party to this Sub -Lease wili be liable for any delay in the performance of any obligation under this Sufi -Lease or of any inability to perform an obligation under this Sub -Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the faidt or -negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, econornic sanction or embargo, civil strike, work stoppage, slow -down or lock- out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate, _... manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Sub - Leased 111,emises except in strict compliance with all applicable codes, laws and ordinances relating thereto, nor permit employees, representatives , agents, contractors, sub - contractors, sub - sub- contractors, material men and/or suppliers to engage in such activities upon or about the Sub - Leased Premises. . 32. Nondiscrimination Clause. The Sub - Lessee for himself, his personal representatives, successors in interest; and assigns, as part of the consideration hereof, does hereby covenant and agree that (>! ) no person on the grounds of race, color, or national origin sbali be excluded in participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Sub - Leased Premises; (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 participating in, denied the benefits of, or otherwise subjected to discritruiruatiorn; (3) that the Sub - Lessee shall use the Sub - Leased Premises in compliance with all other regWrements 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 Depart tent of Transportation- Effectuation of Tide VI of the Civil Rights Act of 1964, as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, Authority shall have the right to terminate this Sub -Lease and to re-enter and as if the Sub - Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 9 IS'7 33. Radon. In compliance with Section 404,056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated its a building in sufficient quantities, may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 34. Dominant Agreements. This Sub--Lease Agreement is subordinate and subject to all existing agreements between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and the Authority and Collier County. During the time of war or national emergency, the Authority shall have the right to lease the landing area err any part thereof to the United States Government for military or naval or similar use, and, if such lease is executed, the provisions of this Lease Agreement insofar as they are inconsistent with the provisions of the lease to the Government, shaII be suspended. Any executed agreement shall be subordinate to the provisions of any existing or future Agreemeut between Authority and the United States, relative to the operation or maintenance of the Airport; the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the Airport, 35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the Sub-Lessee's sole cost and expense. IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub - Lease Agreement the day and year first above written. AS TO THE SUB - LESSEE: >I--,— essgnature} (print � c) 1t11Css (Signa e) SO, C701)T_0J (print name) 13y. Print Mame Title 10 (:;o AS TO THE AUTHORITY: ATTEST: DWIGHT E. BROCK, CLERK By: , Deputy Clerk Approved as to form and legal sufficiency, Steven T.1Williams Assistant County Attorney BOARD OF C01LNI TY COMMISSIONERS COLLIER COUNTY, FLORIDA IN ITS CAPACTFY AS THE COLLIER COUNTY AIRPORT AUTHORITY 11 FRED W. COYLE, Chairman 6r ASSFF'S Current assets: AIRPORT AUTHORITY Combined Statement of Met Assets for dre penlod en dad N0vern6er 30, 2011 Operating Capital Combined Fund Funds 485 496 -499 Claim on Cash 79.171,11 79,171,11 Accounts Raceivable 122,361.34 - 6,481.53 115,879.81 Inventory 120,928,49 120,928.49 Total current assets 322,490,94 -6,481,53 315, 979, 41 Noncurrent assets: Restricted assets: Claim an Cash 1,498,651.16 ' 1,496,651.16 Receivables; Due from other funds 143.30 1,061,601,50 1,061,744,80 Due from other gavemments {}.90 2,261,098.21 2.261 Capital assets; r098.21 Land 1,608,396,27 1,608,396.27 Depreciable Capilal assets, net 11,357,020.64 11,357,020,84 Construction in progress 6,918,771.72 5 91771.72 Total noncurrent assets 12,965,560.41 10,740,122,59 23,705,6$3.OD Total Assets 13.2888,021.35 10,733.641.08 24.021 ,1162.41 LIABILITIES Current liabllltive; Vouchers payable and accruals 118,922.92 1,534,930.70 1,653,853.02 Due to other governments 4,289,23 - 1,999.48 2.289.77 Due to other funds 0.00 2,378,265,06 2,376,265.05 Leese Payable - Currerwt 0-DD 0 DO Refundable deposits 13.444.130 13,444.80 Unearned revenue 98,985.29 96.985.28 Total cuffent lie bilities 136,636,95 4,006,181.58 4,144,818.53 Noncurrent liabilities: Liabrldle -5 payable from restricted assets: Advances due BCC general fund 0,416,802.811 11,195,071.42 20,611,674.3D Retainage payable 0 DO D.GD Lease Payable - Lang Team 0.130 0. DO Accrued wages payable D.00 0.00 Compensated absences _ 66,038,47 $6,636,47 Total noncurrent liabilities 9,483,241.35 11,195071.42 20,678,312.77 Total Liebillliea 0,$19,878.313 15,203,253.00 24,1323,131.31) MET ASSETS Invested in capital assets, net of related debt 3,548,857.53 - 5,278,299.70 : -1,727..342.17 Unrestricted 119,185.52 809,887,78 925,1373.28 Total net assets 3,668,143.05 - 4,469,611,94 - 801,468.89 ' Cash in Fund 406 is restricted to budgeted projects Capital assets acquired through Funds 498 thru 499 are transferred to Fund 495 when complele, however, debt i5 not. J -1 AIRPORT AUTHORITY Combined Statement of Casio Flows For the period ended November 30, 2011 Cash flows from operating activities: Cash reoeived for services Cash payments for goods and services Cash payments to employees Cash payments on customer deposits Net cash provided by (used fur) operating activities Cash flows from non - capital financing activities: Cash transfers from Other Funds Cash transfers to other funds Not cash provided by (used for) non - capital financing activities Cash flows from capital and related -ioncing activities: Proceeds frdm capital grants Proceeds from insurance claims Payments for capital acquisitions Net cash used for capital and related financing activities Cash flows from investing activities: Interest on investments Change in fair value of investments Net cash provided by investing activities Net increase (decrease) in cash Claim on Cash, October 1, 2011 Claim on Cash, November 30, 2011 Operating Fund 495 S 257,976 (214.958) (164,273) (121,254) 55,000 (0) 55,000 Capital Fund 496-499 9,706 (397,044) (387,338) 1,318,483 82,500) 1 ,255,983 1,019, 290 (1,898,1 (579,359) 127 1,392 127 (66,128) 145,298 $ 79,171 1,392 (9,319) 1,507,970 1,498,651 Combined 267,685 (612, 002) J164.273) _�508,59a) 1,373,483 62,500) 1,310,982 1,019,290 (1,i398.8m (879,369) . 1,519 1,519 (75,447) 1,853,268 1,577,822 &r;_3 Cti � �i C C U. 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