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CCAA-AB Agenda 02/06/2012COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING FEBRUARY 6,2D12 1:00 P.M. IMMOKALEE AIRPORT, 165 AIRPARK BOULEVARD, IMMOKALEE FLORIDA 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER —1:00 PM — REGULAR SESSION 3. INTRODUCTIONS OF GUESTS 4. ADOPTION OF AGENDA 5. APPROVAL OF MINUTES — January 9, 2011 ........ ..............................1 6. HOT AIR BALLOON EVENT UPDATE 7. ACKNOWLEDGEMENT OF AIRPORT INFORMATION — No Advisory Board action required • Naples News Article regarding National Guard Armory at IMM .................. 5 • Everglades fly -in & pancake breakfast — Saturday, February 18 .................. 7 • Grant pre - applications have been submitted to the FAA for the 1) Construction of the South Taxiway at X01 ............................. 8 2) Design & bid of Runway 17 -35 restoration at MKY ...................... 9 3) Design & bid of Runway 9 -27 restoration at IMM ...................... 10 • MKY taxiway update • IMM Airport construction update • Vehicle Access Plan update 8. DIRECTOR'S REPORT —Advisory Board action requested • Recommend that the BCC award of Bid No. 12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC .......11 • Recommendation that the BCC approve amendments to two (2) sub -lease agreements with Greg Shepard to reduce rent rate from $0.14 per square foot per year to $0.10 per square foot per year ...... ............................... 13 9. FINANCE REPORT — Quarter Ended December 31, 2012 .......................... 43 10. PUBLIC COMMENTS 11. NEXT MEETING — March 5, 2012 in Everglades City 12. ADJOURNMENT Meeting Minutes Collier County Airport Authority Advisory Board Meeting Marco Island Executive Airport ZOOS Mainsail Drive, Naples, Florida January 9, 2012 I. Pledge of Allegiance. Z. Call to order. Vice Chairman, Michael Klein, called the meeting to order at 1:00 p.rn- Roll Call and Announcement of Quorum. Advisory Board Members Present: Michael Klein, Jim Murray, Frank Halas, Byron Meade, and Dick Rice Advisory Board Members AbsenVExcused, Lloyd Byerhof, Dave Gardner, Floyd Crews Staff: Chris Curry, Thomas Vergo, Robert Tweedie, Debbie Brueggeman, and Debi Mueller Others Present. Colleen Greene, Skip Camp, Dennis Linguini, Earl Ball, Bill Garrett, Steve Fletcher, Pam Brown Action,' A quorum was announced as being present. 3. Introduction of Guests. All present introduced themselves to the Advisory Board, 4. Adoption of the Agenda. The following items were added to the Agenda under Item 7: • Airport Facilities Directories • Flight Standards District Office Report and Airport Directives Action: Mr. Halas made a motion to approve the agenda, as amended. Mr. Rice seconded, and the motion passed by unanimous vote. 5. Approval of Minutes. The December 5, 2011 minutes were corrected to indicate that Mr. Crews seconded the motion to revise the proposed 2012 Advisory Board Meeting Schedule on page 2, Agenda Item 8. Action: Mr. Murray made a motion to approve the minutes for the December 5, 2013 meeting, as amended. Mr.Holas seconded the motion, and it passed by unanimous vote. G. County Security presentation. Mr. Skip Camp, Director Security, Collier County provide an overview of County Security practices and procedures emphasizing that the Security Plan and portions of his presentation are not for public dissemination. Mr. Camp indicated that he had reviewed the proposed Vehicle Access for the Immokalee Regional Airport, 7, _Acknowledgement of Airport Information, Items under this section of the agenda are for informational purposes. No Advisory Board action is requested. • MKY Taxiway Ribbon Cutting -- February 24, 2012 at 10:00 AM 1of4 Advisory board members were provided a copy of the flyer and press release for the February 24, 2012 Ribbon Cutting Ceremony at the Marco Island Executive Airport. The scheduled completion date for the project is February 10, 2012, • Airport Facilities Directory (AFD) Board members discussed information currently contained in the AFD for the Immokaiee Airport, and whether the information should be expanded or updated. Flight Standards District Office (FSDO) Report Mr. Curry has requested that the FAA Flight Standards District Office provide guidance and interpretation regarding safe operations and procedures relative to recent incidents at the Immokalee Airport, Board members were shown videos of running aircraft left unattended at the Airport and a video of two planes crossing on the running, one on a take -off approach and one on a landing approach, Mr. Curry suggested that this action was negligent and unsafe. Airport Dperational Directives The Executive Director issued two Operational Directives for the County Airports, Directive 1 amends the existing Airport Rules and Regulations to provided increased flexibility with aircraft fueling operations at the County Airports under specific conditions, to include fire fighting operations and medical emergencies. This Directive becomes effective February 1, 2012. Directive 2 amends the Airport Rules and Regulations to provide an increased level of safety at the County Airports. The Directive states that no aircraft engine shall be started or run unless a licensed pilot or certified mechanic is attending the aircraft controls. Directive 2 became effective January 5, 2012, • Joint Airport Authority /BCC Airport Advisory Board Workshop It was suggested that a workshop be scheduled with the BCC and Airport Advisory Board to discuss the proposed access plan and the future direction of the Immokalee Regional Airport. 8. Director's Report. Advisory Board action is requested on items under this section of the Agenda. • 2012 Airport Advisory Board Meeting Schedule Action: Mr. Murray made a motion to approve the proposed 2012 airport Advisory Soord meeting schedule provided in the meeting package. Mr. Meade seconded, and the motion passed by unanimous vote. • Recommendation that the BCC approve the Ground Vehicle Access plan for the Immokalee Airport (IMM) Action: Mr, Halos recommended conditional approval of the Ground Vehicle Access Plan for iMM. The plan was approved with the recommendation that accommodations for mr_ Steve Fletcher's service defiweries be worked out. Mr. Murray seconded, and the motion passed by unanimous vote. • Recamrnendation that the BCC approve the proposed 2012 Rates and Charges Schedules The Parking Fee Exemptions for Everglades Airpark were revised as follows to account for the shorter runway and smaller aircraft landing at the airport: 2of4 o2 I night waived with up to -50 10 gallons purchased 2 nights waived with 50 9311— 39 gallons purchased 3 nights waived with >#OA?40 gallons purchased action: Mr. Halos made a motion to recommend that the BCC approve the proposed 2012 Rates and Charges Schedules, as amended. Mr. Murray seconded, and the motion passed by unanimous vote. • Recommendation that the BCC approve a Resolution accepting the USDA building shell constructed by DeAngelis Diamond as complete This item will only be placed on the BCC Agenda if the USDA requires a Resolution accepting the exterior build as complete in order to approve the final payout to DeAngelis Diamond. Action: Mr. Halos made a motion to recommend that the BCC approve a Resolution accepting the USDA build ng shell constructed by DeAngelis Diamond as complete. Mr. Murray seconded, and the motion passed by unanimous vote. • Recommendation that the BCC approve a lease agreement with DC Air for land improved with buildings at the Immokalee Regional Airport Action. Mr. Meade made a motion to recommend that the BCC approve a lease agreement with DC Air for land improved with buildings at the Immokalee Regional Airport. Mr. Rice seconded, and the motion bossed by Unanimous vote. • Recommendation that the eCC approve a sub -lease agreement with Mr. Ralph Hester for cattle grazing at the Immokalee Regional Airport Action: Mr. Rice made a motion to recommend that the 8CC Opprove 0 sub -lease agreement with Mr. Ralph Hester to cattle grazing at the Immokalee Regional Airport. Mr. Halos seconded, and the motion passed by unanimous vote. a Airport Directives 1 and 2 Action: Mr. Meade made a matron that Airport Directive 1 and Airport Directive 2 be approved with the understanding that Directive I may be revised after additional Information is obtained. Mr. Murray seconded, and the motion passed by unanimous vote. 9. finance Report — Quarter ended September 30, 7.011 Mr. Murray stated that he appreciates staffs efforts to contain costs. Action; Mr. Holm mode a motion to accept the finance report. Mr. Rice seconded the motion, and it passed by unanimous vote. 10. Public Comments. Mr. Court0ght suggested that the upcoming hot air balloon festival being sponsored by the Irnrnokalee Seminole Casino not be held at the Immokalee Regional Airport. it was pointed out that the Chamber of Commerce Harvest Festiva I is scheduled for the same weekend as the hot air balloon event at the Airport. 3 of 4 it was recommended that a workshop with the Board of County Commissioners, acting as the Airport Authority, and the Airport Advisory Board to be scheduled to discuss the direction and vision for the County airports, Mr. Fletcher requested that he be informed if the BCC approves the Vehicle Access Plan. 11. Next Meeting. The next Advisory Board meeting is on Monday, February G, 2012 at the Immokalee Regional Airport. 12. Adjournment. The meeting adjourned at 3:50 p,m. without objection. COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD COLDER COUNTY, FLORIDA Lloyd A. Byerhof, Chairman 4of4 a „.. w.,., =......UU11J aai3Oulr aL Ili1MVRUMV aupun incning Torwara : Naples L)ayly News Page ] of 2 nasCO �earJ mate at nnplao news. com Plans for National Guard armory at Immokalee airport inching forward 3y KATI4�--Htti= ALBER> s P-6,2012 IMMOKALEE — The construction of a proposed Army National Guard Readiness Center in Immokalee is closer to approval by the government. But government often moves slowly, so whila Collier County and National Guard officials are optimistic about the project, construction still is years off, Lt. Cal. Mark Widener, construction and facilities management ,officer for the Army National Guard, said this past week that the center currently is the Guard's No. 2 construction priority. Still, in the ranking recommendation that the National Guard sends to Congress each year, money hasn't been programmed For the project, Widener said. The new center would bring to 40 the number of Army National Guard readiness centers across the state. A readiness center, Widener said, is synonymous with an armory. Plans call for the Immokalee Readiness Center to host all elements of the 855th Quarter Master Company and its 1137 personnel. Widener said the facility, in addition to its daily operations, also will be the place guardsmen come once a month for training. "It was a part of the state where we had not achieved a presence,” he said. "We had a new unit come on and were looking for the best place to integrate it into our organization. Naples and Coftier County seemed to be the ideal spot, so we set it as a site for construction in the future.' The 856th Quarter Master Company now operates out of leased space in Immokalee that is inadequate to support the unit, according to National Guard documents on the project, Collier County commissioners in September 2609 agreed to a 25 -year sublease on 26 acres at the Immokalee Airport for the readiness center. Officials from the Collier County Airport Authority and the Army National Guard met this past week in Immokalee to discuss plans for the readiness center. The last meeting between the two organizations was seven months ago, according to Airport Authority Executive ID1rector Chris Curry. 99 ht tp : /lwww.naplesnews.com /newti12012 /jars! I.6/ national - guard- armory- iniiiiokalec- airport - collier / ?... 1118/2412 _ ---- ..au...,; 46 g11FR11L Illl. ill llg AU11 alLI ; 11aples L.;a)Iy 1 -4ews cage 2 01 2 "We have continued to have these periodic meetings with them to make sure what the time line for the facility is so we can get all of our permitting and have everything in place so that once it is funded, we are ready to go," Curry said. Most recently, the Airport Authority asked county ieaders to approve the purchase of 3.38 credits of panther mitigation to allow the Army National Guard to build the facllity_ "Had we not been able to get those credits approved, construction would have only been able to be about 80 percent complete," Curry said. Widener said that means that construction dollars could be available for the center in 2018 -19 at the earliest. "We have program dollars confirmed to 2017 and the Immokalee Readiness Center is not in that window," he said. "We will have money for design services three years before that." Curry said the Airport Authority is excited about the project, which he believes will attract more industry to the airport. "Having a facility like this on the airport property enhances the security posture of the airport," he said, "We think it will attract more businesses to the airport who will appreciate that there is a 24 -hour, manned facility on the property." 0 2D12 Scripps Newspaper Group — Online G http: Ilwww . nap lesnews.cominews12012Jj an/ l 6l national -guard - armory- immokalee -ai rport- co llier /7... 1118!2012 -5 e�w 7,- �t i♦ r� 1 5r �V 1 •-tir -hY 5 Fr l Ar i� k N� :A A'vititue ,Arir A ftitiar�.A.�vs Fly -In &Nostalgia Trip Satu , February 10 a.m. to noon Everglades Airpark (X01) Everglades City, Florida Free Pancake Breakfast Chance to Win 51bs. of Stone Crab Claws Come 6y ,,fir, Wyad, orSea — Everyone Wekome r For info, phone Mike at (239) 695 -2244 or (239) 784 -1892 Pmentod by Win s I0,000 Island Tours and the EVERGLADES SOCIETY FOR HISTORIC PRESERVATION '- Dedicated to eur'ilnique History ww:mryerpIvde%hW0FIQI.Grq IWO WAN 5 5' ;a —y. fti Jv t. ik �P �r Yy a� ►ti� ..y n� eY r tf - K ii IL ryyr t !V J Fti" s,. WA Everglades Airpark TAXI SOUTH CONSTRUCTION ATTACHMENT «A'' Grant Pre- Application Grant Description I. Grant Description A. Update Design, Permitting and Bid ,south Taxiway Update the design to coordinate plans for the north and south taxiway lighting, permit and hid parallel taxiway (344' x 25') to runway 15/33 from existing helipad south to existing ran -up and holding area construct. The plans and specs for the south taxiway were complctc d in 2004, B. Construction Construct parallel taxiway (340' x 25') to runway 15/33 from existing helipad south to existing run -up and holding area construct. install edge lighting and signs the entire length of the parallel taxiway to runway 15133. H. Cost Rmakdown 0 GRANT OTHER COST AMT (95%) (5 %) Update Design, Pernzil, and Bid $24,OW $22,so0 $1,200 Construction $250,000 $237,500 $12,500 Construction Admin & Inspect. $36,000 $34,200 $1,800 Administration S5,000 54,750 $125 TOTAL $315,000 $2',49,250 $157750 0 Marco Island Executive Airport PAVEMENT REHABILITATION RUNWAY 17 -35 ATTACHMENT &A!' Grant Pre - Application Grant Description I. Grant Description Prepare design plans and specifications, bid documents and bid the restoration of Runway 17 -35 and aircraft apron at the Marco Island Executive Airport. According to the most recent Florida Department of 'transportation (FDOT) Statewide Airfield Pavement Inspection, Runway 17 -35 at the Marco island Executive Airport is in "very poor" condi[ion, and the aircraft aprons are rated in "fair" condition. The PCI rating of 31 for Runway 17 -35 is below both the FDOT and Federal Aviation Administration General Aviation Minimum PCT Ratings. Sec attached FDOT Statewide Airfield Pavement Management Program Report for Marco Island Executive Airport dated May 2011. 11. Cost Breakdown GRANT OTHER COST AMT (95 0) (5%) Design and Bid Runway Restoration $t£tl[l,000 $760,000 S40,OW 9 Immokalee Regional Airport PAVEMENT REHABILITATION RUNWAY 9 -27 ATTACHMENT "A" Grant Pre - Application Grant Description I. Grant Description Prepare design plans and specifications, bid dcxmments and bid the restoration of Runway 9 -27 at the Immokalee Regional Airport. According to the most recent Florida Department of Transportation (FDOT) Statewide Airfield Pavement Inspection, Runway 9 -27 at the Immokalee Airport is in every poor" condition. The PCi rating of 27 is below both the FDOT and Federal Aviation Adininistration General Aviation Minimum PO Ratings. Sec attached FDOT Statewide Air c1d. Pavement Managernent Program Report for Imrnokalee Regional Airport dated May 2011. 11. Cost Breakdown GRANT OTHER COST AI T (95 6) (5 %) Desip and Bid Runway Restoration S725,(X)D $688,750 $16,250 I I•ibLE MQNiEJI's �N'+�M - rWr."M SURVEYORS UVQ6WF PRMnM5 620;WINNYQNk Orieo • Fed Myers, Florida 33518 - ftnx2J8:985.1200 , Fars 239985.1260 Mr. Chris Cu" Executive Director Collier County Airport Authority 2005 Mainsail Dr, Naples, FL 34914 RE. tmmokafee Regional Alrpart Runway 18 -36 Lighting RehabOatlon FDOT -FAIV 414298.1.9401 County Bid # 124624 KM A- 2010.843 Dear Mr. Curly: January 24, 2012 Bids for the construction of the referenced project woo received on January 18, 2012. Three contractors submitted proposals as follows, along with the engineer's estimate. Contractor Base Bid Alternate Total Airfield Western, LLC. $ 100,986.00 $47,353.0(} $148,341.00 H.L. Pruitt Construction. $ 189,480 -00 $77,130.00 $258,610.00 Gulf State Electric, Inc. $ 203,322.00 $109,079.00 $31[2,401.00 Engineer's Estimate . $ 192,380.00 $78,170.00 $270,550.00 Attached is a detailed chart of the bid results. The lowest bidder, Airfield Western, Inc. is 45% below the engineer's estimate. The difference in cost is evenly distributed among most of the bid items. Airfield Western, LLC is based in Colorado and has preformed airflefd lighting projects throughout the country. In Florida, Afr lledd Western completed a twdway lighting project at the Melbourne International airport, valued over $500,000, The superintendent for the project is located In Georgia and has extensive experience with airfield lighting, Including work at Cecil Field in Jacksonville and Melbourne International. He has worked with Airfield Western since 1998, Hole Montes also participated in a confr lrence call with representatives of Airfield Western to verify that they could successfully complete the project for the amount bid. The contractor was able to demonstrate a very good knowledge of the project scope and of the airfield lighting equipment and confirmed the ability to complete the project within the prloe bid. It is my recommendation that the contract far the Runway 18 -39 Lighting Rehabilitation project be awarded to Airfield Western, LLC, for the sum of $148,341.00. Very truly yours, 7MManager C. -E 4 HA281012o10D43 1WMCC2012- 0924Qr.dgc Noplag • Fat Myers N- I .J 7 0 r 0 m { P a t E C , 0 z�a a t s m c l? e E E W w o N M � ti n �1 90 6 � S a ' ,� r ° ' a °b�'• °o• °o• °o.`a'18a8i 8 $$' °aaa°o, 5888$ SI °a• °o °o�S�$ gm q T u eo M O O M1 M1 W O O m m I s m O m Sig ti a f V G ® N °ri Or ' $ O r. 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RECTTALS: WHEREAS, the Parties entered into a Sub -Lease Agreement dated September 13, 2011, ( "Sub -Lease Agreement") a copy of which is attached hereto; and WHEREAS, the premises subject to this Amendment and the Sub -Lease Agreement are the parcels improved with Buildings 7 and 8, and the site of private outdoor fuel tanks located at the Tmmokalee Regional Airport, Airpark Boulevard, Immokalee, Florida, as identified in Exhibit "A" of the Sub -Lease Agreement; and WHEREAS, pursuant to Paragraph 3 of the Sub -Lease Agreement, the Sub -Lease Agreement referenced herein is simultaneous with the Sub -Lease Agreement between the Parties for Buildings 13 and 14 located at the immokalee Regional Airport. Breach of one Simultaneous Sub -Lease Agreement by Sub- Lessee shall void the other Simultaneous Sub -Lease Agreement. WHEREAS, the Parties wish to amend Paragraph 9 (Rent) of the Sub -Lease Agreement. WITNCSSETH: NOW, THERFX-ORE, 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 agree as follows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below, Paragraph 9 of the Sub -Lease Agreement, entitled RENT, is hereby amended to read as follows: 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of 4 $0, 10 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be Re 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 -U) base published by the Bureau of Labor Statistics, United States Department of Labor, The Consumer Price Index to be used will be that fOT the South Urban Size C Area (or comparable: index if such index in discontinued), hereinafter called "CPT ". An increase in the monthly base rent, if any, shall be based upon a I-� comparison of 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. 'lie amount of the additional base rent shall 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. 2. Except as modified by this Amendment, the Sub -Lease Agreement, shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Sub -Lease Agreement, the terms of this Amendment shall prevail. IN WfINT ESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. AS TO THE SUB - LESSEE: By; Witness (signature) GREGORY SHEPARD (print name) `- Witness (signature) (print name) AS TO THE AUTHORITY- ATTEST: DWIGHT E. $ROCK, CLERK By: , Deputy Clerk Approved as to form and legal sufficiency; Steven T. Williams '5� Assistant County Attorney l � � ! Z BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY M. FRED W. COYLE, Chairman /4/ SUB-LEASE AGREEMENT TELTS SUR -LEASE AGREEMENT m� this � day of �+� 2Ui 1, between the Board of County Corrrmissio hers of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, (hereinafter reramd to as the Aomori Shepard, an individual, (hereinafter referred to as -Sub -1 essee „). oallecctively')stat &a the "Parties.” RE AI r iVVIEFUI S, Authority is responsible for operation and maintenance of the Imrt:okalee Regional Airra=t ( °Akport "), which it leRm from Collier County Porstraot to a Lease Agreenncnt dated May 24, 1994' as amended, which lease term expires May 23, 2025 ("Master Lased'); and WEIEREAS, it is tltc Authority's finding that it is in the public intr=t to Sub -time certain properties to Sub - Lessee on the terms and conditions set forth below. WIT ESSETH: NOW. THEREFORE, in consideration of Ten Dollm ($10.00) and other good and vuluable consideration exch2n&d as mgst the Parties, and in consideration of the oovanants contained conditions: herein, the Parties hereby enter into this Stab -Lease on the following terms and contirtians: 1, t= ol7voyanee. On the tft= and conditions set forth in this Sulu. Lease, and in consideration of the Sub- liessm's performance under this Sub - Lease, rite Authority conveys to the Sub - Legere the pr=nt possessory interest in the leased premises described below. 2. Dggaintion of Surf - Leased Premises. The Sub - Leased Premises which is the subject of this Sub -Lease are the P11=13 improved with Buildings 7 and 8, and the site of private outdoor fuel tanks located at the Immokaiee Regional Airport; Airpark Boulevard, lmmokelee, Florida, w identified in attached Exhibit "22, hereinatberret'erred to as the "Premises." 3. Simuitarsm_m Sub-Zmam This Sub -Lease is sinaultium u8 with the fib- tense between the ftrties for RuNings I3 and 14 located at the Immoksiee Regivnall Airport. 11mch of the Simultaneous Sub -Lease by Sub- Lessee small void tbis Sub -Learn 4. Initial, Team. The initial term of this Sub Lcase shall comrnenoe as of the date first set forth above, and unless extended as set fagot herein, shall terrrtinate as follows: a. Bw` �1din 7 - B uiUng 7 shall be leased for a period of three (3) years. On or before the third anniversary of the date of this lease, Building 7 shall be removed from the premises Or tarn dawn. The leasable area for Building 7 sltiail be 175' by 95' totaling 14;875 sgoam feet. Revised; ScOMAW 7,1011 CAO 15, L b. Building 8 - Building 8 shall be leased for a period of three (3) years after which it shall be corn down or reiocatod to the leased space at Buildings 13 or 14. T"he leasable area for Building 8 is 50' by25' totaling 1,250 square faet. 5• S der at Ex ' bon. Upon expiration or wanination of lease term, Buildings 7 and 8 shall remain under the ownership of die Sub-Lessee or Ws assignee. Sub - Lessee shall, at Sub-Lessoe's expense, remove Building 7 and 8, tenant's personal property and trade fixu,res and those of all p=sons calming under Sub - Lessee from the sub - Leased Premises. A11 imProvemmis, alterations or additions made by the Irnmokalee Regional Airport shall remain the property of the Immekalee Regional Airport when the property is vacated by Sub- Lessec at the termination of this Sub -Loose or any extension thereof, and shall remain upon and be surrendered with Sub -Lcascd premises. T1= Parties shall also conduct an Environmental Phase 2 audit, To the extent that any ham rdaus substances are detected on the Sub - Leased Premises and generated by Sul b- Lessee or its employees or agenfs or guests, Sub - Lessee, at Sub - Lessor's sole cost and expensc, shall rernediate 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 - 1 esmm. 6. to Cor3v _ 7U Sub - Lessee warrants and represents to the Authority that it has examined the title and boundaries Of the Promises. Accordingly, this conveyance is subject to a] I of the following- a. Any and all conditions, rescrictiOns, encumbrances amd limitations now recorded against the "Premises; &. Any and all existing orfuh= 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 teens and conditions of this Sub- lease. 7. Use of Remises. The sale and exclusive purpose of this Sub -lease is for the Sub - Jfssee to operate a storage and Maintettm= facility assodatcd with a nor] -profit museum, which use thr Board of County Commissioners, acting in its capacity as the Collier County Airport Authority, has found To be in the public's interest The Auethodty shalfhave the right to tcrininate this Sub -Lease "should the Sub - Lessee utilize ft Pr+etnises in any manner inconsistent with the approved use. In the event the Sub - Lessee shall use to use the ple, s for the purposes described above, and such cessation of use shalt continue for a period of sixty (60) days, this Sub - Leaser at the option of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sufi- 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 Prorrlsses. 4 2 -� Revised, 5epmnber 7, 2011 CAO The Sub -Les= and/or his Museum any to remove and no ]anger skm any, aircraft not owned or loaned to the Sub - Lessee OF the Mmeum unless approved in writing by the Airport Manager. $. Permissible Alternations and Additifms to acs. The Sub - Lessee may not make any altrrrations or additions to the Premises without first obtaining the Authdrity's prior written consent, which consent may be withheld in the Authwity's sole discretion. The Sub - Lessee shaU submit to the Authority plans and specifications for all Alterations and additions at the time such consent is sought. 9. cot. no Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per square foot, as the Federal Aviation Administration (FAA) has detenWned the leased Premises to be non- mronaudcal in nat=. The rent shall be paid in advance, for each moth during the term of this Sub - Lease. The base tint may increase; PMYided, 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 Pricc Index Urban Wage F2rners (CPI -[J} base published by the Btacau 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 called "cpr'. An iry MAW in the Dwathly base rent, if any. shall be based upon a comparison of the most recent CP'I published for the current lease year against the most recent CPI published gr=ter than 12 months preceding the most current CPI. The amount of the additional base rent shall be the percentage difference Between the two preceding CPI's. In no event shall the base runt, once increased, be deceased, nor shall it be increased rnore than once in a I2-month period. l0. Net Sub -tease. Tlis is a fully not Svb`Lease, with the Sub -lzswe responsible for all costs, fees and charges cottceernin,g the Premises. Accordingly, the Sub - Lessee shall promptly pay when due and prior to any delinquency all oasts, fees, taxes, trash removal services, trssessments, utility charges, impact fees And obligations of any kind that rotate to the Premises. To the extent authorizod by law. the Sub - Lessee will indemnify and hold the Authority harmless from any and all claims, costs and obligations arising tram 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 cflsts, attorneys' fees, expenses and liabilities resulting therefrom and shall &fond such action or proceeding if the Autbodty shall so request; at the Sub - Lessee's expense, by counsel neM*Mably satiafactvey 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 d MMgages. 'lire Sub�-I.essee shall not in any way encumber the Premises, and shall P=43dy remove any and all liens placed against the Premises. All persons to whore these p7escnts tray come are pus upon notice of the fact that the interest of the Authority in the Prera lses shall not be subject to liens for improvements made by the 'Sub- Lasce and liens for improvements made by the Sub - Lessee are speeificaIIy prohibited from attacWittg to or becorning a lien ion the interest of the Authority in the Premises or any part of eitiser. This notice is given Pursuant to the pmvisions of and in compliance with Section 713.10, Florida Statutes. t ttsvind= September 7, 7011 CAO !- 12. Obligation to Maintain preu}ises and Comply with All Lawful Reauirrancnts,, 'n Sub-1&4w, thmughoul the term of this Sub -Lme, at its own cost, and without any expense to the Authority, shall keep and Maintain the Premises in goad, sanitary and new order. conditions and repair, and shall abide with all lawful requinemnLs, 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 Prernimt:s are not in sucli compliance in the reasonable opinion of the Authority, the Sub- Lessee will be so advised in writing, if corrective action is not begun within afmy (30) days of the receipt of such notice and prosecuted diligently until caftective action is conzoftd, the Authority may cause the same to be corrected and the Sub - I== shall promptly reimburse the Authority for the expenses incv=d by the Authority, together with a 5% adruinismWvo fee. 13. Quiet EnWymstlt, The Sub - Lessm shall be entitled to quiet enjoyment so long as the Sub - Lessee has not dcfwlted on any of the terms of this Sub -( case. ACCOrdingty, the Sub- Lessee shall have ft exclusive right to use the Premises during the term of this Sub- Lca$e. During the term of this Sub -Icase, the Sub- Lcsace may erect appropriate signagc on the Premises. Any such signage shall be in compliance with a] I applicable cartes and ordinances. ld. Casualty and Condemnation aL Casualty. If the PmMism gnu destroyed, mndemd substantially inhabitable, or damaged to'any material extent, as reasonably determined by the Parties, by fire or ath" casualty, and the Sub - Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Prwriiww to substantially ito condition prior to such casualty event unless the `- Authority provides the Sub - Lessee with a written deterrnination .that rebuilding or restoring' the Prettmittes to such a condition with the Proceeds within a rmoettble period of time is impracticable or would not be in the best ixtetacsts 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 -Iossce or the Authority may twminwx this Sub -Learn 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 (913th) day after such fire or other casualty, unicss extended by mutual written agreement of the Parties. During the period between the data of such casually and the date of tetrnination, 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 dartisged 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 condition as existed pri or to the casualty. b. Condemnation. The Authority nxay tenuinate 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 tht Sub - Lessee for any compensation as a result of sueh termination. 15. Actress. to Premises. The Authority, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to the Sub- Lessee, 4 Revised. SCPWmbrs 7, 2411 CAO /9 to enter into and upon the Premises during normal business hours, or such other times with the ~+ consent of the Sub -Lessee, t.o,inspect the Prcmiaea, verify compliance wM the terms of this Sub - Lease, or make any required Mam not being timely completed by the Sub - Lessee, lf. 'Sub-Lessees Access to Premises. Based an the location of Sub - Lessee'& premises oo the airport, Sub - lessee is expected to take the most direct mute The must direct routing will negate the Sub - Lessee's nemsity to cross active taxiways and runways which will allow a greater degree of safety and decrease the likelihood of runway incursions. Gate B access will be provided to access Buildings 7 and B. 17. Terminadoa and Surrender. Unless Otherwise mutually agreed by the Parties, within ninety (90) days after termination of the Sub - Lease germ, the Sub - Lessee shall redeliver possession of the lternLus to Authority in good condition and repair. The Sub -lamee 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 - Lassa, Authority shall have the option of either requiring Sub- Lessee to demolish and remove all impraveinents made by Sub - Lessee to the Premises upou Sul - 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. 18. Assi get. 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 deternrined by Collier County Risk Management. 20. Defaults and Renxd cs. a. Defatults by Sub - Lessee. The occurrence of any of the following events and the onpiraUan of the applicable cum period set forth blow without such event being cured or remedied will constitute a "Default by Sub- ssee" 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 suffcn this Sub -Lease to be taken under any writ of execution anWor other process of law or equity. iv_ Sub - lessee's failure to utilise the Prem!ms as set forth above. V, Any lien is filed against the Ptemifts or Sub - Lessee's intel=t. therein or any part dwmf in violation of this Sub - Lease, or otherwise, and the same remains umelrascd for a period of sixty (60) days from the date of filing � w Revised: September 7, 2011 CAo 4_ unless within such period Sub - Lessee is contesting in good faith tho validity of such lice and such lien is appropriately bonded. Vi. Failure or 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 (outer than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Sub - Cerise by giving Sub - Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional dyne its is agreed to in writing by Authority as being reasonably m4uired to correct such default). However. the occurrence of any of the events set forth above shall constitute it 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. Rombdies of Authority. i. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other Lights 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 way be re -moved and stared 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 pnx=ss and without �- being deemed guilty of utsMs, 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 fortis above, and Authority has removed and stared property, Authority shall not be required to store for more than thirty (30) clays. After Btuch time, such property shall be deerncd abandoned and Authority shall dispose of such property in any manner it so chooses and shall not be liable to Sub - Lessee for such disposal. U. If Sub -Imsee fails to promptly pity, when due, any full installment of rent or any other sum payable to Authority under this Sub - Lease, and if said sum reniaiu unpaid for more that 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 full when due. Any amounts rat paid promptly when due shall also accrue compounded interest of two (2 %) percwt per month or the highest interest rate then allowed by Florida law, whichever is higher ( "DefaWt Rate "), which I nterest shall be promptly paid by Sub-Lessee, to Authority. iii. Authority may sue for direct, acama] damages arising out of such default of SutrLcssce or apply for injunctive relief as may appear necessary or dcWrable to enforce the perfornumce and observance of any obligation, ; agreement or covenant of Sub - Lessee under this Sub- lease, or otherwise. - F • r 6 Revised: Septevgw 7, 201 I CAO 0�0 Authority shall be entitled to reasonable attorneys fees and costs incurred arising out of Sub - Lessee's default under this Sul -L4mc. c. Default by Authority. Authority shah in no event be charged with default in the performance of any of its obligations her;under unless and until Authority shall have failed to perform such obligations witWn thirty (30) days (or such additional tints as is seasonably required to correct such default) after written notice to Authority by Sub - Lessea properly and in meaninSful detail specifying wherein, in Sub- Lessee's judgment or opinion, Authority has faikd to perform eery such obligation(s). d. Remedies of SuhIgssee. In partial consideration for the nominal rent charged to Sub- Iessee, Sub-Leswe hereby waives any claim it may have to direct or indirect monetary dammgcs it incurs as a readt 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 - Lessee's remedies for Authority's d6f Cult under this Sub - L shall be limited to the following: Far injunctive relief as may appear necessary or desirable to enforce the performmco and obwtvanee of any obligation, agreement or covenant of Authority under this Sub- Leasc_ ii. Sub-Lessm may cure any default of Authority and pay all sums or do all reasonably necessary worst and incur all mmopabie costs on behalf of and at the expense of Authority. Authority will pay Sub-Lessee on demand all reasonable costs iucutmd and any amounts so paid by Sub - Lessee on behalf of Authority, with no interest. e. No Rorrredy Exclusi_v_e. No remedy herein conferred upon ar reserved 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 in equity. No delay or onibsitm 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 often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon Sub - Lessee is a material induoesnent and consideration for the execution of this Sub -Lease by Sub - Lessee and Authority. No waiver by Sub- Lea= or Authority of any broach of any provision of this Sub -Lease will be dec=d for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequtmat 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 true. The terms of this manual shall be deemed to be incorporated by ref e. into this Suit - Lease, and Sub -L aessec shall be brand by the terms of this T P.2 Manual_ as of the t:< day of the usennd month the Sul -i- _%rice Revisod: &- -Welber 7, 2011 CAO 7 o�� receives a copy of the Lew Manuai of an amended I.caw Manual. With respoct to any terns in Ns Sub -prase which are in conflict with tho Lease Mmuai, the 14ase Manual shall control. 22. Rules and SaMdLgons. The Sub-1 .cssee shall comply with the Authority's published Rules and Regulations for this aigx t, which are on file at the address act forth above, as such regWations may be amended fmrn time to time by the Aubxity including such reasonable; and uniform landing fees, rates ur charWs, as may here time to time be levied for airfield opentional privileges and/or services provided at the Airport, provided all such Rules and Regulations comply with cummt FAA ndw, regulations and guidelines. Tenant shall' also comply with any and all applicable govemwntW siatutra, rules, ordm and regulations. 23. AbM F.liyalopnoeni. Tile Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees lit, regardless of the convenience, desires or view of the Tenant, and without intafference or hindrance. Notwithstanding the foregoing, nothing herein: shall be conswued to limit or impede Sub• Les. sec's rights to objet to any such developmerit of improvements in any lawful manner. 24. Airport C)perations. The Sub - Lessee shall prevent any use of the Premism which would interfere with or adversely affect the Operation or nrainMnancc of the Airport. or atherwisc constitute. an airport hazard, and will restrict the height of structures, objects of natwW grown: and other obstructions on the Premm to such height as cornply with Feral Aviation Regulations,, Part 77. Miscellaneous ]Legal Matters 25. This Sub -Lew shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Sub4taw. the Parties shall first use the county,& ren then - curt Altemative Dispute Resolution Procedure. Following the conclusion of this procedixe, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Sub -Uasc, which Court the Parties agree to have the sole and exclusive jurisdiction. 26. This Sub -Lease contains the entire agmment of die parties wild: respect to the matters covered by this Sub -Lame and no other agreement, statement or prornise made any party, or to any employee, offices or agent of any party, which is bet 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 cnactud after the execution of this Sub- Lease, which am applicable to and preclude in whole or in part the Parties' compliance with the terms of this Sub- Lease, firer, in such event this Sub -Lease shall be modified or revoioed as is necessary to comply with such laws, in a manner which best reflects the intent of this Sub -Lmsc. 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. NotioCS hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by reguar mail. If given by regular trail, the notice shall be deemed to have n Pe -4sai: S6pizubm 7,201 j CAo boar given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calcUladng time Iimits which run frown the giving of a particular notice the time shall be calculated from actual receipt of the nodce. Time small run only on bvsincss days which, for pugxms 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: flier County Airport Authority 2005 Mainsail Drive, suite 1 Naples, Florida 34114 (239) 642 -7878 cc: Real Property Management 3335 Tamimaii Trail East, Suite lol. Naples, Florida 34112 If to Sub - Lessee: Gregory Shepard 2243 Peak street Fort Myers, Florida 33901 cc: Henderson Franklin Starnes & Holt, P.A. Attn: Bruce E. Sands, Esq. P.O. Box 280 1715 Monroe St. FL Myers, FL 33901 Notice shall be deemed to have been given on the next szuxxwWve business day to the date of the courier waybi 11 if sent by nationally rtc-ogpiaed overnight deli very =vice. 29. Sub -Imsee is an independent entity, and ia•not any agent or representative, or employee of Authority. During rite term of this Sub - Lease, neither Sub - Lessee, nor anyone acting on behalf of Sub -Lmcc, 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 od%er party to any obligation to any third party. No third party is intended by the Patties to be a beneficiary of this Sub -Lease or to have any rights to enforce this Stib- ,Lease against either party hereto or otherwise. Notting contained in this SUb -Lease will constitute the Parties as paroles or joint venture for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Suh- Lessee acknowledges that Authority is not providing any vacation time, sick pay, or other welfare or mdre=nt benefits normally associated with an employee - employer relationship and that Authority excludes Sub. Ussee and its ernploymes front participation in all health and welfine benefit plains including vacation, sick leave, severance, life, accident, health and disability insurance. deferred compensation, retirement and grievance rights or privileges. 30. Force Maieum. Neitber party to this Sub-Lcaase will be ilabie for any delay in the performance of any obligation under this Sub - Lease or of any inability to peafortn 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 circum Umce beyond the reasonable control of and without the fault or 9 �` Revised: September 7. 201 ! SAO negligence of the pony claiming Fora Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurm6(XI, civil unrest or disturbance, military or guerrilla action, cconomic sanction or embargo, civil strike, work stoppage, slowdown or lock- out, explosion, fine, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding oar of any governmeusol authority. 31:. Hazardous Materials. Sub - Lessee will not transport, use, store. maintain, generate, manufacttae, handle, dispose, release or discharge any Hazardous Materials upon or about the Sub - Leased Premises except in strict compiia= with all applicable codes, laws and ordinances relating thereto, nor permit employees, relttmscntatives..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. Nondiscriiminsfigp Clause. The Sutq, -_ssee for hinm1f, his personal representatives, successors in interest, and assigns, as past of ft consideration hereof, does hereby covenant and agree that (1) no 'petsan 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 Premieres; (2) that in the construction of any improvements on, over or under such land and the furnishing of services dw000, no peason on the grounds of race, color or national ad gin -shall be excluded hwn participating in, denied the benefits of, or otherwise subjected to &crimination; (3) that the Sub - Lessee shall use the Sub - Leased Premises in compliance with all other requirements irngased by or pursuant to 'title 49, Coda of Fodera] Regulations, Departmcm of Transpmution, Subtitle A. Office of the Sometary, Part 21, Nondiscrimination in Federally assisted programs of the Departimut of Trmupottadon- ration of Tide VI of the Civil Rights Act of 1964, as said regulations may be amendod. Tbaz in the evwt of breach of any of the above nondiscrimination covenants, Authority shall have the right to terminate this Sufi -L=m and to re-enter and as if the Sub -Lease had never been made or imied. The provision shall not be effective antic the prmedures of Title +49, Code of Federal Regulations, Part 21 am followed and conTleted, including exercise or expiration of apps rights. 33. Radon. In compliance with Section 404.056. Flcmida Statutes, all Patties are hereby made aware of the followinX: Radom is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks* to persons wh a are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.' Additional information iegarding radon and radon testing may be obtained from your County Public Health Department. 34. Dominant Ate. This Sub -Lme Agreement is subordinate and subject to all existing agieen rents between the Authority and the Federal Aviation Adroimspation, the Authority and the State of .Florida, and the Authority and Collier County. During the time of war or national emer9mcy, the Authority shall have the right to ]ease the landing arcs or any past dmareof to the ihtited States Cnovernmmu for military or naval or similar use, and, if such ]me is executed, the provisions of this Lease Agreement insofar as they are inomm stent with the provisions of the lease to the Govermmnt, shall be suspended. Any executed agreement shall be, subordinate to the provisions of any existing or future Agmem=t between Authority and the United Stares, relative to the 10 �' Revised: SepUm3ba 7, 201 L CAO operation or maintenance of the Airpolt the w=Ldion of which has been or may be requimed as a condidon precedent to the exQcndd= oEfWcrW funds for the development of the Airport, 35. This Sub -Least Agtecment may be recorded by the Authority in the Official Records of Collier County, Florida, within fourteen (I4) days after the execution of this Sub -L We, at the Sub - Lessee's sole cost and expense. IN WPINESS W1i 3WF, the Sub -masse and Authority have hereto executod this Sub - Lease Agreement the day and y+car First above written. A EE: css goeture) , iu[r F. jwwos (print name) Witness {signature} VUa -&'d (print name) Ravine& Sqw -mbw 7.201 1 CAD 13T RMORY SHEPARD 11 AS TO THE AUTHORITY: AT DWIGHT E. BROM, CL EM and legal suffki=y. Z. L-) A - - Stcvcn T. Williams Assistant[ Cuunty Attorney Revised: Seplembft 7, 2011 CAO 12 BOARD OF COUNTY CobWWTONERS COF-71ER COUNTY. FLORIDA IN ITS CAPACITY AS THE COLUEER. COUNMY AIRPORT AUTHORITY By: FRED W. COYLF, ChWnnanU 02(p 5.11. l t \t l . t 11 �`l �l• a` t \111 544 \ \�� 511.51111 , i Tr e 1111\ \441, 1�\1 ~iij 1 . i r, • * . +. F JL NAM _ - JL Wo •. .... I F ,111 { Attachment A f =.(4.3 Aug" = a. i opt i • I - -3L-. FERST kMENDMENT TO SUB -LEASE AGREEMENT THIS AMENDMENT TO SMLEASE AGREEMENT ( "Amendment') is made and entered into this day of ' 2012, by and between the Board of' County Commissioners of Coilier County. Florida, acting in its capacity as the Collier County Airport Authority (hereinafter referred to as the "Authority "). Gregory Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties," RECITALS: WHEREAS, the Parties entered into a Sub -Lease Agreement dated September 13, 2011, ( "Sub -Lease Agreerent"} a copy of which is attached hereto; and WHEREAS, the premises subject to this Amendment and the Sub -Lease Agreement are the parcels improved with Buildings 13 and 14, located at the Imrnekalee Regional Airport, Airpark Boulevard, Irnmokalee, Florida, as identified in Exhibit `'A" of the Sub -Lease Agreement; and WHEREAS, pursuant to Paragraph 3 of the Sub -Lease Agreement, the Sub -Lease Agreement referenced herein is simultaneous with the Sub -Lease Agreement between the Parties for Buildings 7 and 8, and the site of private outdoor fuel tanks located at the Immokalee Regional Airport. Breach of one Simultaneous Sub -Lease Agreement by Sub - Lessee shall void the other Simultaneous Sub -Lease Agreement. WHEREAS, the Parties wish to amend Paragraph 9 (Rent) of the Sub -Lease Agreement. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other goad and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties agree as follows: i . All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference as if set forth fully below. Paragraph 9 of the Sub -Lease Agreement, entitled RENT, is hereby amended to read as follows: 9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of 4 SO. 10 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be ftaa- aeronautical in nature. The rent small be paid in advance, for each month during the tern of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only when it shall be ddermined that there has been an increase in the cost of living using the official Consumer Price Index Urban Wage Earners (CPI -M base published by the Bureau of Labor Statistics, [Jailed 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 called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of the most recent CPI published for the current lease year against the most recent CPI published greater than 12 months preceding the most current GPI. The amount of the additional base rent shall 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. 2. Except as modified by this Amendment, the Sub -Lease Agreement, shall remain in full force and effect. If there is a conflict between the terms of this Amendment and the Sub -Lease Agreement, the terms of this Amendment shall prevail. 1N WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first above written. AS TO TFEE SUB- LESSEE: By: - — -- Witness (signature) GREGORY SHE PARD (print name) Witness (signature) (print name) AS TO THE AUTHORITY: ATTEST: DWIGHT E. BROCK, CLERK 'By: , Deputy Clerk Approved as to form and legal sufficiency: Eleven T. WilliamsT Assistant County Attomey J) gyji HOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By: 2 FRED W. C;OYLE, Chairman SUBLEASE AGREEMENT THIS SUB -LEASE AGREEM1irM, made this V5 A4•% day of +' , 2011, between the Bowl of County Commissioners of Collier County, Florida, aging in its capacity as the Collier County Airport Authority, (hereinafter reftrod to as the "Authority") and Gregory Shepard, an individual, (hereinakr referred to as "Stab- L=see " ), 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 wnended, which lease term expires May 23, 2025 ( "Master Lease); and VVEUMBAS, it is the Authority's finding that it is in the public interest to Sub -Lease certain properties to Sub -Ixssm on the W ms and conditions set forth below. WITNESSETg• NOW, THEP.EMRF, in consideration of Ten Dollars ($10.00) and other good and valuable consideration =hanged amongst the Parties, and in consideration of the covcMams contained heroin, the Parties hereby enter into this Sub -Lease on the following terms and conditions: 1. Conveyance. On the leans and crmditiens set forth in this Sub - Lease, and in consideration of the Sub - Lessee's performance under this Sub -lz e, the Authority conveys to the Sub -Lessor the present pvssmsory interest in the leased premises described below. 2. Description of Sub - Leased Promises. The Sub - Leased Preend= which is the subject of this Sub- Lease am the pamis improved with Buildings 13 and 14 located at the Irnmokalee Regional Airport, Airpark Boulevard, ImmokaIee, Florida as identified in attached Exhibit hereinafter referred to as the "Premises." 3. ShnulUmeous Sub - Lease. This Sub -Lease is dmultaneous with the Sub -J ea between the Parties for BuJkHW 7 and S, and the site of private outdoor hW tanks kx9ted at-&e Iminokake, Re&nsl Airport. Brmch of the Simultaneous Sub -Lease by the Sub - Lessee Lessee shall void this Sub- Lease. 4. Initial Term. Based upon a received engineering report stating the expected life spans of Buildings 13 and 14 exceed 10 years, the initial term of this Sub -Lease ,shall conw=nce as of the date first set forth above, and unless extended as set fb th herein, shall wminate in 10 years. 'TlEe Ieasable area shall be 250' by 120' totaling 34,000 square feet for both buildings. 5, Surx a er at Expiration; Upon expiration or termination of lease term, Buildings 13 and 14 shall remain under the ownership of the Sub.4 essee or his assignee. Sub- Lessee shall, at Sub - Lessee's expense, remove Building 13 and 14, tenant's personal property and trade fixtu= and those of ail persons claiming under Sul - Lessee from the Sub - Leased Premises. All inwrovemenis, alterations or additions made by the hu mokalee Regional Airpvtt shall amain the property of the Immokalce. Regional Airport when the property is vacat by Sul - I -essee at tho Revised Sep Ober 7. 201 i CAO tem- inadon of this Sub -Lease or any extension thereof, and shall remain upon and be surmadered 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 a Mts or guests, Sub- %essoc, at Sub - Lessee's sole cost and expense, shall remediate such hazardous substances, except if such hazardous substances were deposited by the Imm*ksiec Regional Airport or its employees or agents at no fault of the Sob - Lessee. 6. Ca ditions to Conve3mm. The Sub-Lemee warrants and represents to the Authority that it has examdnod 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 ]imitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinzwes; c. Any questions of title and survey that mayarise in the future; and d. The Sub - Lessee's satisfactory performance of all terms and coinditions of this Sub - Lease. 7. Use of Premises. The sole and exclusive purpose of this Sub - Lease is for the Sub - I.,essae to operate a storage and maintenance facility associated with a non -profit museum, 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 -Lase should the Sub- Lessee. utilize the Premises in any manner inconsistent with the approved use. in the event the Sub -1 essoe shall cease to use the Premises for the purposes described above, and such cessation of use shall all for a period of sixty (60) days, this Sub - Lease, at the option of the Authority, upon thirty (30) days written notice to the Sab- Lessee, shall be terrainated 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- Lessec such as acts of (W or if such cessation is due to closing for reconstruction or repairs to the Premises. The Sub -1 assee andlor his Museum am to remove and no lodger stole any ahrraft not owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport manager. 8. Perrrdssibla Alternations and Additions to Premises. The Sub - Lessee may. not make any alterations or additions to the Premise$ 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 agues to pay the Auth6rity rent in the amount of $0.14 per square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to be iron - aeronautical in nature. The mitt shall be paid in advance, for each month during the term of this Sub -Lase. The liars rent may increase; provided. however, such increases shall occur only when it shall be determined that there has been an increeme in the cost of living using the Revised: Setwember 7, 2011 CAb .31 official Consumer Price Index Uttan Wage Earners (CPI-LT) base published by the Bureau of Labor Statistics, United States Departuwnt of Labor. The Consumer Price Index to be used will be that for the South Urban Size C Area for cornpatabie index if such index in discontinued), hereinafter called "CPT'. An increase in die monthly base rent, if any, shall be based upon a compariaan of the mast recent CPI published for the current lease year against the most recent CP1 published greater then 12 months procang the most current CPL The amount of the additional base rent shall be the percentage difference between the two preceding CPI's. In no event shall the base rent, ornoe increased, be decreased, nor shalt it be increased more than once in a 12 mouth period. 10. Net This is a fully net Sub - Lease, with time Sub - Lessee responsible for all costs, flees 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, amessrnents, utility chwges, impact flees and obligations of any bind that relate to the Premises, To the extent authorized by law, the Sub-I== will indemnify and hold the Authority harmless from any and all claiins, costs and obligations ad sing 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, attorrncys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if the Authority shall so guest, at the Serb -I isee'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 ]ego defense of such claim, with legal counsel of its choosing. 11. Liens and Iv =gages, The Sub- Lrssee•sha11 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 at put upon notice of the fact that the intemst of the Authority in the Premises shall riot be subject to liens for impmverrionts made by the Sub•Lessm 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 ft provisions of and in compliance with Section 713, 10, Florida Statutes. 12. Obligation to Maintain Pre 'ses and Comply with All Lawful Requirements The Sub - Lessee, throughout the term of this Sub - Lease, tot its own cost, and without any expense to the Authority, $hall keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such Maintenan= and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbirig, and air conditioning). Such repair may also include struchwdl repair, if deemed necessary by the Sub - Lessee. If the Premises arc not in such compliance in the reasonable opbuon of the Authority, the Sub- Lessee will be so advised in writing. If conrctive action is not begun within thirty (3©) days of the receipt of such notice and prosecuted diligently until corrective action is completed, the Authority may cause the same to be oorrecsed and the Sub- Less= shall promptly reimburse the Authority for the expenses incurred by the Authority, together with a 5% administrative fee. 13. Quiet Eniomment, The Sub- lessee shall be entitled to quiet enjoynrmcnt so Long as the Sub - Lessee has not defaulted on any of the temrs of this Sub - Lease. Accordingiy, the Sub - Lessee shall have the excbusivc right to use the Premises during the tens of this Sub-Lease. During the �J} r 3 Revised; Sepember 7.2011 CAQ 3A terns of this Sub- %case, the Sub - Lessee may c=1 appropriate 3i page an the Premi sea. Any such signage shall be in compliance with all applicable codes and ordinances, 14. Casualty and Condemnation a. CastWty. If the Frcmises am destroyed, rendered substantially inhabitable, or damaged to any material extent, as rmsonably dewminod by the ParOcs, by fire or other casualty, and the Sub - Lessee :rust use fire insurance pmceeds, hereinafter referred to as "Proceeds; ' to rebuild or restore the Premises to substantially its condition prior to such casualty event uttleas the Authority provides the Sub-Lessee with a written dctermination ulnas rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable pedod of time is impracticable or would not be in the best interests of the Authority, in which evcm, Proceeds shall be shall be promptly remitted to the Authority. Jf 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 rather petty withiit ninety (91D) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of terminations, Sub- I..ess' will cease its operations as may be necessary or appropriate. If this Sub-Lease is not txminatcd as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, ft Sub - Lessee will proceed with reasonable diligence. 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. Conderrmadon. The Authority may terminate this Sub -Lease as part of a �- condemnation project_ The Authority wilt 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 Stab - Lessee for any cssmpensabon as a result 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 other tunes with the consent of the Sub- Lessm. to inspect the Premises, verify compliance with the terms of this Sub - Lease, or m ce any required mpairs not being timely completed by the Sub - Lessee. 15. Snl�_-Lsssre'_s. Access to Premises. Based on the location of Sub- Lessee's premises ou the airport, Sub - Lessee is expected to take the most diroct route. The nhost direct routing will negate the Sub- IA*wc's necessity to cross active taatiwayg and runways which will allow a greater degree of safety and decrease the~ Iibalibood of runway incursions. Gate A access will be provided to access Buildings 13 and 14. 17. Termination and Sunnader. Unless otherwise mutually agreed by the Parties, within ninety (90) days after termination of the Sub-Lease term, the Sub -Lana shall redeliver possession of the Premises to Audxxity in good condition and repair. The Stilt• - Lessen shall have the tight at any time during its occupancy of the Premises to remove any of its personal pnopexty, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall have the option of cithtr requirin g Sub - Lessee to demolish and remove ail impmvesnents made by Sub- Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to }rJ 4 Revised; September 7, 2011 CAQ 3a retain said fnaproveamim with fixtures on the Fieinims which improvements and Fixturrs will become the prope«ty of the Authority upon Sub- Lessee's vacation of the Premises. 18. Assi rggngm. Sub - Lessee may assign this Sub -Lease upon the wrinett consent of the Authority, which consent shall not be unreasonably withheld. 19. Insusancc. The Sub-lessee shall provide all insuraroe deemed appropriate by the Authority, as deternmined by Collier County Risk Msnagenxent. 20. Defaults and Remedies, $. Defaults by Sub- Lessee. 'lire occunzwe of any of the following 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 neatest extent then allowed by law: i_ Abandonment of Premises-or discontinuation of Sab- i.essee's operation. ii. Sub - Lessee's material misrepresentation of any matter related to this Sub - Leme. 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 Sub-Lessee's interest therein or any part thereof in violation of this Sub- Lssse, or otherwise, and the same remains urueleased for a period of sixty (60) days from the date of filing unless within such period Sub- Lessee is eontrsting in good faith the validity of such lien and such lien is appropriaiely bonded_ vi. Failure of Sub -Lzswc 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 diffeml cm period is provided), whereby Authority may, at its ap an, terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written notice unless the default is fully 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 met forth above shall constitute a rrtatcrsal breach and default by Sub - Lessee, and this Sub -Lmsc may be immediately termtinated by Authority except to the extent then prohibited by law. Vii. Lessee's failure and/or failure of Lessee's invitees, agents, guests or sub - lessee's to follow and taw, rile, regulation and/or requirement applicable to Revised; September 7,2D1 I CAO S 13Z/ the hnmowoe Regional Airport, if after written noticc such failure is not immediately cured. b. A;HMdies of Authority. L 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 andlor property fmm the Premises. Such property may be removed and stored it 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 dccmcd guilty of trespass, or being liable for any loss or darnage which may be occasioned thereby. If Sub - Lessee does not cure the defaults in the time frame 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 shall not be liable to Sul -Wsec for such disposal. H. If Sub - Lessee fails to promptly pay, when due, any full installnwnt of rent or any other sum payable to Authority under this Sub- Luse, and if said sum temains unpaid for more than five (5) days past the due date, the Sub - Lessm shall pay Authority a last payment charge equal to five percent (5%) 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%) pereent 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 relief as may appear necessary or desirable to enforce the perfortnatree and observanoe of any obligation, agreement or covepant of Sub - Lessee under this Sub - Lease~ or otherwise. Authority shall be entit]od 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 miless and until Authority shall have failed to perform such obligations within thirty (30) days (or such additional tithe as is reasonably required to oor ect such default) after written notice to Authority by Sub - Lessee pmperiy and in nxmingful detail specifying wherein, in Sub - Lessee's judgrnent or opinion, Authority has failed to perform any such obbpliott(s), d. Remedies of S.ub_-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, raOnOtary 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 �- 6 Revised: S"piber 7. 2011 CAO breach of this Sub - Lase. Sub - Lessee's remedies for Authority's default under this Sub - Lease shall be limited to the following: 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- I.essse. ii. Sub - Lessee may cure any default of Authority and pay all sums or do all reasonably necessary work and incur all ucuonable costs on behalf bf and at the expense of Authority. Authority will gay Sub - Lessee on demand all reasonable casts incurred and any amounts so paid by Sub - Lessee on behalf of Authority, with no interest. e. No Remady_Exclusive. No remedy herein confernad upon or reserved to aither party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be manulative and in addition to every other remedy given under this Sub - /.case or hereafter existing wider law of 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 and power maybe- exercised from tame to time and as often as may be deemed expedient. f. Non- Waiver. Every provision hereof 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 - 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, invspeative of the length of time that the respective breach may have continued. 21. I_ A enual. 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 Stab- Lease, and Sub - Lessee shall be bound by the terms of this 1.ease Manual, as of tho I" day of the second month The Sub - Lessee receives a copy of the Lease Manual or an amended Lase Manual. With respect to any teams in [iris Sub -Lease which are in conflict with the I.eam Manual, the Lease Manual shall control, 22. Rules and Regulations. The Sub -Wscc shall comply with " Authority's published Rules and Regulations four this airport, which ale on file at the address set forth above. as such regulations may W amended from time to time by the Authority including such reasonable and uniform Ianding fees, rates or.cha Vz, as imy from time to tithe be levied for &&aid operational privileges and/or semioea provided at the Airport, provided all such Rules and Regulations comply with cur t FAA rules, regWations and guidelines. Tenant shall also comply with any and all applicable governmental Mutes, rulm orders and regulations. 23. hk= Devegpmtot. The Authority reserves the right to further develop or improve the landing and glut' areas of the Airport as it sees fit, mgardless of the convenience„ desires or view of the Sub-I==. and without interference or hindrance_ Notwithstanding the foregoing, nothing devise. 5epombcr 7.2011 CAO 3 6o herein shall be construed to limit or impexle Sub- I.zssee's rights to object to any such develof mmi or improvements in any law W marmn 24. AiUM QRnmfions The Sub-Lessee shall prevent any use of the Pmntiscs which would irdwfara with or adversely affiect the operation or maintenance of the Airport, or otherwise constitute an airport hated, and will =strict the height of structures, objects of nabxml growth, and ocher obshw ions on the Premises to such height as comply with Federal Aviation Regulatiotts, Part 77. Mism lanwus Leal Matters 25. This Sub- l.,ease shall be consbuW by and controlled under cho laws of the State of Florida. In the event of a dispute under this Seib - Leaser the Parties shall first use the County's die n- currant 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 - Leaser which Court the Partes agree to have the sole and exclusive jwisdiction. 26. This Sub -UOU contains the entire agrCemrVtt of the Parties with respect to the matters covered by this Sub - Lease and no other agreement, statement or promise made any party, or Le 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, pemformAilce and observation of etch and every term, covenant and condition of this Sub -Lease by the Parties. 27. In the event state or federal laws ere enacted after the execution of this Sub - Lease, which are applicable to and preclude in whole or is part the Parties' compliance with the ta=ns of this Sub - Lease, then in such event this Sub -Lease shaU be mortified or revoked as is necessary to comply with such laws, in a manner which best rcfJcets the intent of this Su614ase. 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 muds by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have boen 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 tho giving of a particular notice the time shall be calculated fmmn actual receipt of the notice. Time shall run only on business days which, fbr purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or IcgW public holiday. Notices shall be addressed ei follows: If to Audwdty: Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 (239) 642 -7878 kOvi%nd:,%Vkmber7.2011 CA4 cc: Real Property Management 3335 Tamiarai Trail East, Suite 101 Naples, Florida 34112 1 ,3-?- If to Sub-Less=; Gregory Shepard 2243 Peck Stmt Fort Myers, Florida 33901 cc: Hendcrson Franklin Stames & Holt, P.A. Attn: Bruce E. Sands, Esq. P.O. Boat 280 1715 Monroe St. Flt. Myers, FL 33901 Notice shall be deemed to have been given on the next successive business day to ncc date of the courier waybill if sent by nauoWly recognized overnight delivery savice` 29. Sub -L cram is an independent cntity, 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 bold itself out as an omplayee, servant, repnesentativo 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 [tarty. No third party is intended by the Putties to be a beneficiary of this Sub -base or to have any rights to enforce this Sub - Lease against either party hereto or otherwise. Natbirtg contained in this Sul-Lease will c institute the Parties as pertnars 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 retirement benefits normally assodated 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, severw=, life, accident, health and disability insurance, defcrrerd co ipensation, retirement and grievance rights orprivileges. 30. Force Majoure. Neither party to this Sub -Lease will be liable for any delay in the performwice of any obligation under this Sub -Lease or of any inability to' perform an obligadan under this Sub- I.,ease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond tine reasonable control of and without the fault or negligence of the party claiming Force Majcure. "Force Majeue" shoal inclu& an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbmcc� military or guerrilla action, economic sanction or embargo, civil strike, work stgppage, slow -down or lock- out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, 1igbtrting, wind, drought, and the binding order of any governmental authority. 31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, pDarate, nnanufncture, 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 oridiumces relating thereto, nor permit employees, replC&Cntatives, agents. Contrtrctors, stab - 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, suvicessars in int+==L and assigns, as part of the consideration hereof, does hereby covenant and 9 ly Revised; September 7, 2011 CAO agm that (1) no person on the grounds of race, dolor, or national oRigin &hail be excluded in participating in; denied the benefits of, or he otherwise subjected to discrimination in the use of the Sub -Leawd Premises; (2) that in the constrictive of any improvements on, over or under such fend and the fenmishing of services thrcon, no person on the Smunds of raw, color or national origin shall be excluded from participating in,- denied the beacfits of, or otherwise subjected bo discrimination; (3) that the Sulu - Lessee shall use the Sub - Leased Premises in compliarx c with all other requiren=ts imposed by or pursuant to Title 49, Code of Federal Regulations, Depiatxient of Transportation, Subtitle A. Office of the Secretary, Part 21, Nondiscrinr natifln in Federally assisted programs of the Department of Transportation- Pfi'ecmsfion of Title VI of the Civil Rights Act of 1964, as said regulations may be amended That is the event of breach of any of the above nondiscrimination covenw te, Authority shall have the right to terminate this Sub- Lt:ase and to re -cnner 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 exemise cr expiration of appeal rights. 33. Radon. In cotrlpiianae with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radom is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may presort health risks to persons who are exposed to it over time. Levels of radon that exceed fedmul and state guidelines have boas found in buildings in Florida. Additional infermation tegarding radon and radon tasting may be obtained from your County 1Pubiic Health Department. 34. DominantA =m=1 This Sub-Lease Agicement is subar&naw and subject to all existing Agreemclrts between the Authority and do Federal Aviation Administration, the Authority and the State of Florida, and the Audwx ty and Collier County. During the time of war or ruido ial emergency, the Authority Shall have the right to lease the landing am or any part thereof to the United Strifes Government for military or naval or similar else, arxi, if such lease is executed, the pro►+Wws of this Lease Agnbenaent msofiar as they are inconsistent with the provisions of the lease *to the Government, shall be suspended.. Any executed Wewwt shall be -subonhnare to the provisions of any existing or future Agmeneent between Authoity and the Untied States, relative to the operation or maintenanm 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 fife Airport. 35. This Sub -lease Agrocment may be recorded by the. Authority in the Official Records of Collier County, Florida, within fourteen (14) days afar the execution of this Sub - Lease, at the Sub- Lessee's sole cost and expense_ 1Q Revised: September 7, 2011 CAO ,37 I- IN WPiWUS WHEREOF, the Sub - Lessee and Authority have hereto executed fts sub - Leese Ageernent the day and year first above wntten. (print name) Witness (signspme� Mjjj��5a 16 (Print name) Revised: Saptcmbet 7, 2011 GAO G RY SiiEFARD Remainder of page intentionally left blank. Remaining signature page by fallow. I 4/0 AS TO THE AUTHORITY- ATTEST: DWYC4iT* - -.RP, AK. CLERK L')y - . L1�Sn� rSm' NW.Ilerx -ILL. L-J�- Steven T. Wlllimns Assistant County Attorney Revixd: SWcmber i, 201 l CAa BOARD OF COUNTY C(311?11+XJSSIONERS COLLIER COUNTY, PLORIDA IN ITS CAPACITY AS THE COLL A C'OUNT'Y AIIZPDRT AMORITX 8Y: L4J . `,,L 12 FRED W. COYLE, chairman ( ' I —• EE •; \\ ,\�- ..1\}511 � / r •:try \Y4 \ \�� 1;1 -,'�+� i ♦ `a • \ ` ` ' \ ` • t �•� �.��,..:` is •- a"`�_-,1,• , i m— i ` /• • roe r � F ••11 Attachment A l I AIRPORT AMOR" Combirwd Stafiement of Net Assts FQr the marl added Deceunber 31. 201 f -4/.3 Operating Capital Combined `. fund funds 495 496-499 ASSETS Cu rent assets: Claim on Cash 88,179.9a 66,179, 98 Accounts Receivable 60,926.70 80,926.70 Inventory 157,688,52 157,68B.52 Total current assets 324,795.20 O,DD 324,79$.20 Noncurrent assets: Restricted assets: Claim on Cash 2,773,003,75 ' 2,T73,003.76 Receivables: Due from other funds 11.00 1,058,099.45 1,058,099,45 Due from other governments 0.00 2,261A98.21 2,2£1,099.21 Capital assets: Land 1, 608, 396.27 1,608,390.27 Depreciable capital assets, net 11,357,020,34 11,357,020.84 Construction in progress 5 918, 771, 72 5,91 B,T71.72 Total noncurrent assets 12,965,417.11 12,1110,973,13 24,978,390.24 Tarsi Assets 1321 12,013 25,301,186.44 LIABILITIES Current I abillties, Vouchers payable and aocrusls 3,072,37 827,616.90 830,669.27 Due to other governmenis 2,249.62 0.00 2,249.62 Due to other funds 0.00 2,378,218,15 2,378,219.15 Lease Payable - Current 0.00 0.00 Refundable deposits 13,444.$0 13,444.80 Unearned revenue 96,985.29 98,985.29 Total Current liabilities 1B,TG6,79 3,302,820,34 3,321,587,13 Noncurrent liabilities: Llabilities payable from restricted assets: Advances due BCC general fund 9,416,802.88 11,195,077.42 20,611,674.30 Relainage payable D.00 0.00 Lease Payable - Long Term 0.00 000 Accrued wages payable 0,00 000 Compensated absences 66,63$.47 56,638.47 Total noncurrent liabilities $,483,241.35 11,195,D71.42 20,678.312.77 Total Liabilities 9,502,006.14 14,497,891.76 23,999,899.90 NET ASSETS Invested in capital assets, net of related debt 3.54B,B14.23 - 5,275,299.70 ' - 1,727,485,47 Unrestricted 239,389.94 2,789,381.07 3,028,771.01 Total net assets 3,7a8,204.17 - 2,456,918.63 1.301,285.54 ' Cash in Fund 496 is restricted to budgeted projam ' Cap"rtat assets acquired through Funds 495 thru 499 are transferr9d to Fund 435 whein rgmptete, however, debt is not. -4/.3 Cash flows from operating activities; Cash received for services Cash payments for goods and services Cash payments to employees Cash payments on customer deposits Net Cash provided by (used far) operating activities AIRPORT AUTHORITY Combined Statement of Cash Flogs For the period ended December 31, 2011 Operating Fund 495 $ 610,381 (482, 365) (242,445) (114.389) Cash lflow$ from non -capital financing activities: CaSh transfers from Other Funds 56,090 Cash transfers to other funds 143 Net cash provided by (used far) non - capital financing activities 35,143 Cash flows from capital and related ,ancing activities: Proceeds from capital grants Proceeds from insurance claims Payments for capital acquisitions Net cash used for capital and related financing activities Cash ilows from investing activities: Interest orr investments Change in fair value of investments Net cash provided by investing activities Not increase (decrease) in cash Claim on Cash, October 1, 2011 Claim 0n Cash, December 31, 2011 127 127 (59,119) 145,298 $ 86,180 Capital Fund Combined 496-499 4,848 615,229 (1,108,357) (1,585,722) (242,405) (1,101,509) (1,215,898) 1,318,463 1,373,483 (62.500) _(62.357) 1,255,963 1,311,126 2,353,435 2,353,435 (1, 244,266) (1,24-4,266) 1.109,158 1.109.1613 1,392 1,51+8 1,392 1,519 1,255,034 1,205,915 1,507,970 1,653,26B 2,773,004 2.859,183 zlel C tr el � G G ! 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M or , r.. r cl C) ID CD C) C) a C� C� C� 0 C3 (v LO m Ct Ct C) 0 CV -I-- It E -G� 7p lez X"br suolleg 4/5 AIRPORT AUTHORITY Combined Sales Detail -Operating Account (Fund 495) Comparison of Actual Sales to Budget For the period ended December 39, 20 If Sales Tie dawn Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Current Month Budget Actual _ Variance 5,317 4,481 Year -To -Date -16% 39,717 Budget _ Actual Variance 1,158 Sales (360) -31% 1,008 2,225 Tie Down Fees 15,950 12,765 (3,185) -20 % Facilities Fees 119,150 88,555 (30,595) -26% Merchandise for Resale 3,475 2,118 (1,359) -39 % Service Fees 4,150 5,590 1,440 35% Miscellaneous Fees 7,000 _ 5,659 1,341 -1996 Total Sales 149,725 114,686 (35,039) Sales Tie dawn Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Current Month Budget Actual _ Variance 5,317 4,481 (836) -16% 39,717 29,951 (9,756) -25% 1,158 798 (360) -31% 1,008 2,225 1,217 121% 2,333 2,837 504 22% 49,533 40,302 (9,231) Historical Sales For fire period ended December 3 d, -- - -- Sales Tie Down Fees Facilities Fees Merchandise for ReseIa Service Fees Miscellaneous Fees Total Sales Fuel Sales in Gallons Jet A AWGas Total Gallons Sold 2009 2010 13,188 58,488 86,150 138,390 2,500 1 0,462 4,056 15,024 7x095 31,354 112,987 253,718 2011 2092 10,448 12,765 $6,407 88,555 2,962 2,116 5,652 5,590 5,302 5,659 116,771 114,686 100,039 99,502 85,494 82,196 26,052 22,596 25,259 10,565 126,091 122,098 110,753 101,751 I- S-/ k _ \ 0 0 � $ 00 k 0 � k:3 in a $�� $ e�> �k 7 E coo 2 IL fo m E § M N 10 Lo �k \NZ$ K �f .m . . a e k � c CD AIn C 0o 000In In a NN 72 2 to Q � K 7 2 � $ � §� mn t- C,4 7 % X� k n� M �0 %� c CO - § $ 043 � ® $ o P. 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M� ati suolIBE) id(. 1�100 -12 YA le z Ne z z 90 %ly 54-, AIRPORT AUTHORITY Immolkales Regional Airport (Cost Center 192330) Comparison of Actual Sales to Budget Far the period ended December 39, 2011 Sates Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Sales Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Year -To -Date Budget Actual variance 20,896 67 155 1,075 1,753 678 63% 92,375 61,462 (30,913) -33% 200 346 146 73% 0 0 0 0% 1,400 1,834 434 31% 95,050 05,396 (29,654) Current Month Budget Actual 358 778 30,792 20,896 67 155 0 0 467 1,073 31,683 22,903 Historical Sales For the period ended December 31, Saps Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Fuel Sales in Gallons Jel A Based FSO Transient Fletcher Total Jet A AvGas Based Pean FBU Transient Total Av Gas 2009 2010 730 1,314 69,263 66,806 459 117 2,996 3,371 73,448 71.608 6,875 852 16,564 18,335 23,439 19,197 37 - - 17 680 270 7,091 5,437 7,808 5,724 Variance 420 117% (9,895) -32% 88 133% 0 0% 606 130% (8,781) 2011 2012 2,113 1,753 61,444 61,462 181 346 1 .967 1,834 65,705 65,396 1,743 430 4,803 12,162 6,546 12,592 1,127 1,299 35 5,140 5,681 6,302 6,980 Total Gallons Sold 31,247 24,921 12,648 19,572• S e 0 0 °c 0 00 0 0 0° $ m � •- � o .- N co cQ cV O C4 N d a o L � � O 0/ 'a C 1 1 m CO co W) N C? �J w ,04 M co Ch co 0 o LL"i ,- c+7 C+ v cq O N r m rn N a r M N �+' C20 wco OvN O N0 P! O O M $ nl G Q N r lP} r 47 O to r ip C7 SV N 0 I[J r W 0 m qNj W ` # - �—., N N t0 W e[] N o9 ol C3 7� = cy }� p} O } 0 j NN O� CDCVN M Cb o�Oa N w+ O xx a 47 � In G:? e- eD co N cfl b T r n! 47 M Gi to F— a a ai 0 N C7 m aai$ a co Q Q to tIj m o Q N w ca v_ co co r. m T N N � r N m N N � > r+ m w U- C E T d N— I+ M Oli"?Ocm ui 00 U) N {V V Gs N N uS M u? mw T co Q) m m C 3 V C O CL O U- N m m E 4 � c`p's U O CD C of c'a m m N Ch L• ,T m� yz d m �o MB e. m r, x Z 1� 6 F Z S e I—. ac ar in cc LP=L Cn N } LL, N > O L L 12 o 1U � i 0 0 0 Co ° ° C ,° © 'LO �r, o cn N CV r r suolteJ 77 4Da N 03- -11� lb 1� .Y 111-6- 57 O.-M E V- C:j > as ti; a0 CD — co 0 > Lij C'q >- it 0 LL rn 0 LL C) 0 C3 C5 C) Oo Q C) CDO a C3 0 to C9 0 N h1 T- SUOIJUE) -1Z t� 09 -Iz`, ok -1Z W 0 !1 "Go Alz -Iz 150" IV Alz ay -z C) YI& WJ& 4# .14 Z-5. V w J_Si NZ v ;RK -.T-- M S61 Z tg .}Is AA P' 4y S SP P ir yr Y C) 0 C3 C5 C) Oo Q C) CDO a C3 0 to C9 0 N h1 T- SUOIJUE) -1Z t� 09 -Iz`, ok -1Z W 0 !1 "Go Alz -Iz 150" IV Alz ay -z C) YI& WJ& Historical Sales For the period ended December 39, Sales Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Fuel Sales in Gallons AvGas Based FBC1 Transient Total Gallons Sold 2089 AIRPORT AUTHORITY 2011 2492 28 Everglades A!rpark (Cost Center 192350) 125 212 - Comparison of Actual Sales to Budget 5,975 5,635 79 For the period ended December 31, 2011 202 131 186 Year- To-Dete 262 295 - Budget Actual Variance 400 Sales 680 6,764 6,574 Tie Down Fees 325 212 (113) -35% Facilities Fees 6,425 5,536 (889) -14% Merchandise for Resale 0 131 131 Service Fees 225 295 70 31% Miscellaneous Fees 50 400 350 700°% Total Sales 7,025 6,574 (451) Current MVrrth Budget Actual Variance Sales Tie Down Fees 108 133 25 23% Facilities Fees 2,142 1,879 (263) -12% Merchandise for Resale 0 61 61 Service Fees 75 270 195 260% Miscellaneous Fees 17 0 (17) - 100°, Total Sales 2,342 2,343 2 Historical Sales For the period ended December 39, Sales Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Fuel Sales in Gallons AvGas Based FBC1 Transient Total Gallons Sold 2089 2090 2011 2492 28 36 125 212 - 40 5,975 5,635 79 165 202 131 186 239 262 295 - 200 200 400 293 680 6,764 6,574 15 - - - 39 so 231 3,271 3,336 4,293 2,728 3,325 3,386 4,524 2,728 dp / 9) Q} G 0C) ooa o$°o a °o obi' °a W w m C p LL o° L O It e*! el eA C tC N It eq o pl y r ID E C LO hN en OW dth M1 m J2 Ol m 7 U a 7 z A ti CO � tcu a a� rn O c �Z C � m G `• l4 Cfl N m � N K N Lu O 9D r- ti m 1` f~ P. z c') � —1 ly r L � yr d7 CI r Q ¢ C M G H m 6. co O et] ew CCI u'r w co G eG Cu 3 > hN C" V�0 f+b ery (D (y v -- uq U7 VN V, O .- N 030 9) Y N V' LO w 0) In S=s �• - - Z. w0P, ' Sooti 0V) T- Lo p D C LIZ I;t M oD N N eef� CM�+ 40{0D m N cV N eq C+I m 0Cf)M ti(DAD (D Op V N Co pti0 rnM1ti M1ti u] C+J T m Q �D {D CL d x N L ?s eD tpPt r r rn 4 Le) N rN N d [D r M1i!? {ry r dl VV. M oft iV •. m 7 D N U m ' > ° u� CO T CO O P- a V o teh' m L° a ��r � °rn w w H o o �` � cy 0 W- Nr 0 P � a� awry ccc m ') °N ti E a s' 0coN ui MeD cow rn � a 44 It 0¢ MNO eq to m 0 sc *- LO 0 w CQ ° m is r- W a ri i tv to a r r r W > C L CL r Q}m 40 7 0 r P, OlcoO 1-. r M1 m s�. m E C C-4 eq cm m Tom' tiC'J _ u7 C7�4 A7 ts}w NI Nr C7 N �'� i T 9) Q} 44 Lo W w N C p LL L O co � LL E � pl y r ID E m J2 Ol m 7 U a 7 Z A, N t6 99 1 � tcu a a� rn O c �Z Nd m G `• l4 4S m> l4 +�+ N D p� N K N Lu CL M ter V- cc V- C4 o6.2 Z 1.0 c 0 a -0 fL CD 0 C> 0 It> 0 CT at Ct C� w I,. w V5 suollec) 42� V) Ob 0 -ro, 107, YA 63 A ::7 .,I . ..... ol jt ;.� % U.C. dr. 154 MiM V..'. IM- -riz` . MOHI Al LT 44t Fi Me p 1, j X-j ,j 94 M, XV: . . . . . . . . . . CD 0 C> 0 It> 0 CT at Ct C� w I,. w V5 suollec) 42� V) Ob 0 -ro, 107, YA 63 tu 2 0 M m CMA 0 U- LL 0 0 0 C3 iD C5 CD C) 0 C2 C� Ct C� Ct Ct C� q 0 1- 0 LO C Cf) (14 Ir- suolleE) 4=1 A" -le % �%, z lez� k, (�7 q IT Z 4 t All FE AL - 41, 71, l-, fir- 1:1117. v CIZ 0 0 0 C3 iD C5 CD C) 0 C2 C� Ct C� Ct Ct C� q 0 1- 0 LO C Cf) (14 Ir- suolleE) 4=1 A" -le % �%, z lez� k, (�7 q 2 C4 I- 0 > ca IL suolleo 0 C3 C) a 1=� CZ CF C30 C11 qq__ ob, ol W69 01 It /l?l lr(b 17 11 961 1Y & -5 C) F M MU 4 i A WI-M-N . qj. .. -�:� W _::r,�_�. ;&P"*, . 7q, ZM'K -tf' JY,@Z suolleo 0 C3 C) a 1=� CZ CF C30 C11 qq__ ob, ol W69 01 It /l?l lr(b 17 11 961 1Y & -5 C) C) C3 suolleo 0 C3 C) a 1=� CZ CF C30 C11 qq__ ob, ol W69 01 It /l?l lr(b 17 11 961 1Y & -5 cc CD C-4 I— suollef) -1Z % Z1,7 42, % z4 71?6 42 11>11 NY cil C> °a C o 4= 0 CDO N or LL nzli- e1v :0 .. FZ Y'Oo !14 suollef) -1Z % Z1,7 42, % z4 71?6 42 11>11 NY cil C> °a C o 4= 0 CDO N suollef) -1Z % Z1,7 42, % z4 71?6 42 11>11 NY cil C> Ct CDO N suollef) -1Z % Z1,7 42, % z4 71?6 42 11>11 NY AIRPORT AUT44ORn Y Marco Island Executive Airport (Cost Center 192370) Comparison of actual Sales to Budget For the period ended December 31, 2011 Safes Tie Down Fees Facilities Fees (~Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Sales Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Year-TO-Dole Budget Actual Variance 14,550 10,800 20,350 21,557 3,275 1,639 3,923 5,295 5,300 3,298 47,400 42,589 (3,750) -26% 1,207 8°% (1,636) -50% 1,370 35% 2,002) -38% (4,811) 402 Currient Month Budget Actual Variance 71,54.4 1,962 4,850 3,570 (1,280) -26% $,783 7,186 402 8% 1,092 $82 (510) -47% 933 1,955 1,022 109% 1,767 1,764 (3 ) 0% 15,425 15,056 (369) HOstoricaI Sates For the period ended December 31, Sales Tie Down Fees Facilities Fees Merchandise for Resale Service Fees Miscellaneous Fees Total Sales Fuel Sales in Gallons Jet A ¢ 349 gallons * 349 < 750 gallons * 750 gallon a 500 gallons �, 500 t 1000 gallons > 1000 gallons Based Total Jet A AvGa s Based Dean Intn'I Marco Aviation Island Hoppers Transient Total Av Gas 2009 2010 12,428 57,138 16,887 71,54.4 1,962 10,180 3,870 14,785 4,099 27,783 39,246 181,430 36,703 47,445 32,524 30,014 6,723 2,300 650 546 76,600 _ _ 80,305 3,148 2,690 1,446 354 3,675 2,254 - 1,081 6,650 7,107 14,919 13,486 2011 2412 14,210 10,800 18,985 21,557 2,578 1,839 5,390 5,295 3,008 3,298 44,175 42,589 3,393 291 3,574 2,592 611 6,484 _ 6,965 14,433 9,857 Total Gallons Sold 91,519 93,791 93,381 79,461 21,783 34,664 13,147 45,956 24,910 7,387 695 78,948 69,604 3,393 291 3,574 2,592 611 6,484 _ 6,965 14,433 9,857 Total Gallons Sold 91,519 93,791 93,381 79,461 ti r Or M T a C ---.t �7 ti K Q W '1a 3 B � u � � O t j D. 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