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CCAA-AB Agenda 03/05/2012
t COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD MEETING MARCH 5, 2012 1:00 P.M. EVERGLADES CITY HALL, 102 Broadway Street E, Everglades City, FL 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 — February 6, 2012 ....... ..............................1 6. ACKNOWLEDGEMENT OF AIRPORT INFORMATION — No Advisory Board action required • BCC Workshop is on Monday, April 16 at 9:00 AM • Immokalee Airport Newsletter - IMM Connection ............................ 5 • News article— MKY Ribbon Cutting Ceremony .............................. 10 • Update on Ground Vehicle Access Plan 7. DIRECTOR'S REPORT — Advisory Board action requested • Recommend that the BCC approve the submittal of a grant application to the FAA for the restoration of Runway 9 -27 at IMM .. ............................... 13 • Recommend that the BCC approval the submittal of a grant application to the FAA for the restoration or Runway 17 -35 at MKY . ............................... 14 • Recommend that the BCC approve the proposed Site License Agreement with the Seminole Casino for the "Balloons Over Paradise" and Harvest Festival events at IMM.......................... ....... ............................... 15 8. FINANCE REPORT— Month Ended January 31, 2012 ............................. 20 9. PUBLIC COMMENTS 10. NEXT MEETING — April 2, 2012 at the Marco Island Executive Airport 11. ADJOURNMENT COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD AGENDA ADDENDUM DATE: March 5, 2012 PLACE: Everglades City Hall, 102 Broadway Street E, Everglades City, Florida TIME: 1:00 pm Addendum to the March 5, 2012 Agenda Add the following to Agenda Item 7. DIRECTOR'S REPORT — Advisory Board action requested. • Recommend that the BCC approve an amendment to the Long -Term Lease and Sub - Lease Agreement with Turbo Services, Inc. to: 1) Revise the timeframe in which construction must commence from one year to eighteen months 2) Change the address that notices shall be addressed from Real Property Management to the Airport Authority, and 3) Add FAA clauses Alm Collier County Airport Authority Advisory Board (Meeting Immokalee Regional Airport 165 Airpark Boulevard, Immokalee, Florida February 6, 2012 Meeting Minutes 1. Pledge of Allegiance. Z. Call to Order. Chairman, Lloyd Byerhof, called the meeting to order at 1;00 p.m. Roll Call and Announcement of Quorum. Advisory Board Members Present: Lloyd Byerhof, Michael Klein, aim Murray, Frank Hafas, Dick Rice, and Floyd Crews Advisory Board Members Absent /Excused: Byron Meade and Dave Gardner Staff: Chris Curry, Thomas Vergo, Debbie Brueggeman, and Tiffany Mendoza Others Present: See attached sign -in sheet. Action.- A quorum was announced as being present. 3. Introduction of Guests. All present introduced themselves. 4. Adoation of the Agenda. Mr. Crews requested the following items be added to the Agenda after the Finance Report: Jared Fink's comments regarding fertilizer used by Fletcher Flying Service • Reinstatement of grass landings at Immokalee Airport Action: Mr. Crews made or motion to approve the agenda, as amended. Mr. Rice seconded, and the matron passed by unanimous vote. Approval of Minutes. Action.- Mr. Rice made a motion to approve the minutes for the January 9, 2012 meeting, Mr. Murray seconded the motion, and it passed by unanimous vote. 6. Hot Air Balloon Event Update. The hot air balloon event is planned for April 13 through April 15, 2012 at the Immokalee Regional Airport. The Airport Authority is working on a land lease agreement for two lots lust east of the County Park for the event and the air space determination with the FAA. The Immokalee Seminole Casino will handle the set -up of the leased space. There will be a total of approximately thirty (30) balloons, fifteen (15) flying into the airport and fifteen (15) flying out. The Harvest Festival is the same weekend as this event 7. Acknowledgement of Airport Information. Items under this section of the agenda are for informational purposes. No Advisory Board action is requested. Naples News Article regarding National Guard Armory at IMM Advisory Board members were provided a copy of the , January 16, 2012 Naples Daily News article regarding the construction of an Army National Guard Readiness Center at the Immokalee Airport. 1of3 • Everglades fly -in and pancake breakfast There will be a fly -iii and pancake breakfast at Everglades Airpark on Saturday, February 16, 2012. This event is being sponsored by the Everglades Society for Historic Preservation and Wings 10,000 Island Tours. ■ Grant pre - applications submitted to the FAA The Airport Authority submitted three grant pre - applications to FAA for the following projects- (1) Construction of the South Taxiway at X01 (2) Design and bid the restoration of Runway 17 -35 at MKY (3) Design and bid the restoration of Runway 9 -27 at 1MIM • MKY taxiway update The MKY taxiway should be operational the week of February 12, 2012. The project is on budget and ahead of schedule. The Ribbon Cutting Ceremony will be held on Friday, February 24, 2012 at 10:00 AM. • IMM construction upstate Turbo Services will be performing soil bare testing in mid February, and will start building as soon as all the necessary permits are in place. The plans and specs for the build -out of the USDA building are being reviewed by the County. After the USDA approves the plans and specs, the bid will be out for twenty -one (2 1) days. FDOT has approved awarding the bid for the Runway 18 -36 lighting rehabilitation project to Airfield Western, LLC. The bid is significantly lower than the engineer's estimate, The Airport Authority, the protect engineer, and Collier County Purchasing participated in a conference with the low bidder to confirm that they understood the scoop of the project and could complete the project within the bid amount, and concluded that the contractor demonstrated a very good knowledge of the project scope and airfield lighting equipment. FDOT has approved awarding the bid to Airfield Western, LLC. Construction should begin in mid March. • Vehicle Access Plan update A meeting will be scheduled with the Airport Authority, Mr, Skip Camp, and Mr, Stephen Fletcher to d iscuss alternative airport access procedures for Mr. Fletcher's suppliers. 8. Director's Report. Advisory Board action is requested on items under this section of the Agenda. • Recommendation that the BCC award Bid No. 12 -5824 Immokalee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC Action; Mr. Murray made a motion to recommend that the SCC award Bid No. 12 -5824 irnmakaiee Runway 18 -36 Lighting Rehabilitation in the amount of $148,341 to Airfield Western, LLC. Mr. Halos seconded, and the motion passed by onanimous vote. 2 of 3 42 + Recommendation that the SCC approve amendments to two (2) sub -lease agreements with Mr. Greg Shepard to reduce his rent rate from $0,14 per square foot per year to $0.10 per square foot per year Action: Mr. Murray recommended that the BCC approve the amendments to two (2) sub- lease agreements with Mr, Greg Shepard to reduce his rent rote. Mr. nice seconded, and the motion passed by unanimous vote. 9. Finance Report — Quarter ended December 31 2011 On the Comparative Statement of Revenues and Expenditures for the Marco Island Executive Airport the Total Revenue in the Annual Budget column was corrected from "$189,600" to "$982,300 ", and the Net Profit /(Loss) from Operations was corrected from "($428,000)" to "364,700," The Advisory Board expressed concern about the large decrease in the number of gallons of fuel purchased by Mr. Fletcher between the first fiscal quarter of 2010 and the first fiscal quarter of 2011. For the period ended December 31, 2010 Mr, Fletcher purchased 18,335 gallons of .let A fuel. For the period ended December 21, 2011, Mr. Fletcher purchased 4,803 gallons of let A fuel. 9A. Grass Runway at IMM Action. 147r. Crews made a motion to reinstate landing on the gross at IMM. Mr. Rite seconded. The motion foiled due the lack of a majority, The vote was 3 -3, with Mr. Byerhaf, Mr, Murray, and Mr. Halos dissenting, 10. Public Comments. It was requested that the berms at IMM be discussed at the next Advisory Board meeting. Mr. Rice stated that he would like to discuss having two aircraft on the runway at the same time, and indicated that the runway is plenty wide for two aircraft. Mr. Jared Fink, a supplier of fertilizer utilized by Fletcher Flying Service, stated that the fertilizer used by Fletcher Flying Service is liquid, non - flammable, and non - explosive. He indicated that the base is generally fifty percent (50%) to eighty percent (80 %) water. 11. Next Meeting, The next Advisory Board meeting is on Monday, March 5, 2012 at Everglades City Hall, 17. Adjournment. The meeting adjourned at 2:45 p.m. without objection, COLLIER COUNTY AIRPORT AUTHORITY ADVISORY BOARD COLLIER COUNTY, FLORIDA Lloyd A. Byerhof, Chairman 3 of 3 Airport Advisory Board .'Meeting February 6, 2012 Public Sign -in Sheet Name L . .... tf Affiliation 0!.-+_�?_j o, S d X 14 bE. um <'-S, ck,clo 0 IMM Connection Gate Codes Have Changed! In preparation for the upcoming Ground Vehicle Operations Plan, the gate codes have been changed and access permits have been created. All vehicles that wish to access the secured areas within the fenced areas must display a valid vehicle permit. No unregistered vehicles are permitted to enter into the Airport gates without a valid access permit unless they are escorted by a valid access permit holder. Approximately 95% of our tenants have registered their vehicles and received their vehicle access permits. Please remember that gate codes should not be shared or distributed to others. If someone has a need to access the Airport with their vehicles and needs a gate code, they need to stop by the General Aviation Terminal Building and with a valid purpose, will be Issued an access permit and code, INSIDE TNIs IssuE ■ Airport VeNda operations Plan Upcate ■ Airport Runway - Taxiway Lighting upgrades T- Hangar Inspection Resulm Now Chavror. Sign c Airport Calendar Airport Vehicle Operations Plan Revisions Almost Complete Airport Management has been working on an Airport Ground Vehicle Access Plan during the past nine months to ensure the safety of all users of the Airport. The Ground Vehicle Access Plan for the Immokalee Regional Airport is a guidance document that outlines all of the rules and information that our users need to know to drive around on the secure airside areas of the Airport. Most of our customers and users will see little, if any: changes to how they operate on the Airport, The Airport Authority Board asked Airport Management and staff to make another round of revisions and speak with some of our based tenants before fully implementing the plan. Airport staff is finalizing those details and plans to bring the plan back to the Airport Authority Board for final approval, Once the plan is approved, all customers will be notified and copies will be available for pickup at the GA Terminal Building during normal business hours. Feel free to contact the Airport office for more information either by stopping by the Terminal Building or calling 239 -657 -9043. IMM Gonnec"on 1 Runway 18/36 Lighting and Taxiway Alpha /Charlie Lighting Upgrades The bids have been received for the Runway 18136 and Taxiway Alpha /Charlie lighting upgrade project. The low bid came in at $148,341.00 and was submitted by Airfield Western LLC_ Airport Management is very excited to report that the project bid came in under budget so the Airport will be able to complete both the main and alternate bid tasks. The project is scheduled to begin mid to late March 2012 and will include the installation of 4 -box PAPIs, LED REILS: new main power cabling for Runway 18/36, replacement of the Airport rotating beacon, and new transformers and connectors for Taxiway Alpha and Charlie edge lights. It will be necessary to intermittently close Runway 18/36 and Taxiway Alpha /Charlie during the project. Airport staff will be issuing NOTAMS and posting notices inside the General Aviation Terminal Building when applicable. During the installation of the REILS on the approach to Runway 18, it will be necessary to temporarily close both Runways (1$!36 and 9127 )_ Notice of this particular closure will be issued in advance so tenants and users can reposition their aircraft for the day if they desire. All Airport users are asked to use caution while operating on the movement areas during the construction project. Airport Operations staff will be working closely with the contractors to ensure they do not adversely affect the operations at the Airport. If there are any questions or comments about this very important lighting upgrade, feel free to stop by the Terminal Building in person, or contact the Airport staff at 239 -657 -9003 or via e-mail at, ImmokaleeAirportbeolliergov .net. T- Hangar Inspection Results The annual compliance and safety inspections of the IMM t- hangars were conducted on January 17, 2012. Overall, the inspections yielded minimal compliance issues, and the Immokalee Fire Marshal was very pleased with the condition of our t- hangar units. As a result of the inspection, the Airport found issues with our emergency lighting systems and smoke barriers in various 1-hangar units that required immediate repairs. Staff would like to thank all of our displaced customers for their understanding during the repair process. Runway 18/36 Restriping Delays Due to issues with the Airport's runway closure marker units, the restriping of Runway 1$136 has been delayed. Repainting the markings will help to improve the safety for all aircraft that use the Airport and will greatly help with night -time aircraft operations. INN Connection Z R Fuel Farm Illuminated Sign Installation The Airport fuel supplier has finished their installation of a new Chevron illuminated sign near the Airport's fuel tanks. The sign was constructed and installed without any cost to the Airport or County. This illuminated sign will help transient customers find our ramp and fuel tanks during night time operations. Airport Staff worked with our supplier to install this sign after getting feedback that customers were having issues finding the tanks and GA Ramp at night, General Reminders Gate and Fence Sign The vehicle speed limit on the GA ramp Updates and other areas is 15 miles per hour. The Airport Operations staff has replaced • The dumpster located near Gate D and the t- hangars is for Airport t- hangar generated waste only. Trash lids should be kept shut when not in use. • vehicles should be parked inside a tenant's t- hangar unit while they are flying. • Access to the Taxiways and Runway areas with ground vehicles requires specific written permission from Airport Management. • Takeoffs and Landings on the turf areas of the Airport are not authorized at anytime. • Please ensure that the fueling nozzles on the 24 -hour self - service fuel pumps are not dragged along the pavement during use. This shortens their useful life and prevents a possibility for a spill_ • Make sure your contact information is kept up -to -date with the Airport staff so we can keep you updated with Airport news. • Please keep overhead lighting turned off in your hangar unit when not in use. This helps save electricity and lowers our maintenance costs. i i many farted and/or missing signs around the Airport over the last few weeks. Also, new information signs have been installed on the electric vehicle gates informing users of emergency numbers, requirements for access, and method for vendor registration. I' Maintenance Requests If your hangar needs work or you notice another issue on the Airport. don't hesitate to contact the Airport staff to have it addressed, Maintenance requests can be called into the office, emailed to the Airport email address, or requester) on a maintenance request form. 4MM conn=ftm 3 Balloons Over Paradise Event Starting Friday, April 13. 2012, balloons will fill the air around Immokalee_ The Seminole Casino Immokalee, is gearing up for the inaugural "Balloons Over Paradise" event that they hope to make an annual occurrence. The event will run from Friday. April 13, 2012 to Sunday, April 15, 2012 and will be held at the Immokalee Regional Airport Aviation Viewing Area_ The event staff is expecting approximately 10.000 visitors to the Immokalee area. Calls from as far north as Tennessee have been reported and it looks like there will be a group of recreational vehicles visiting for this event. As if this event was not going to be big enough, the Seminole Casino is partnering with the annual Harvest Festival Celebration to conduct both events simultaneously. In a true display of cooperation, both organizations are working together to join their resources and combine their events to make a huge celebration, "It's very exciting to hold this event at the Immokalee Regional Airport. This collaboration between the Seminole Casino Immokalee and the Airport Authority demonstrate the success that can be achieved when the public and private sectors work together to achieve a mutual benefit," says Collier County Airport Authority Executive Director Chris Curry when asked about the event. During the event weekend, there will be live music performances, shuttles between the event site and the casino, food. games; and lots of smiling and laughing with the occasional "look over there" when a balloon takes off. Our tenants and customers should see minimal disruptions to the normal operations of the Airport as a result of this event. The Airport may close one or both runways between 7;00 am and 9.00 am on Saturday and Sunday to allow the balloons safe passage over the Airport. In the evenings, there will tethered balloon glows at the event site, These glows are quite a treat and all are welcome to attend. I M M Gwn►octlo�l 4 • USDA Building Build -Out Information The recently completed shell of the USDA building is close to getting a much needed built! -out. The cost to build the exterior shell of the building left some funds unused after the completion of the project, so the Airport Authority asked the granting agency (USDA) to approve the usage of the remaining funds to construct necessary interior enhancements to make the building ready for its first tenant, Salazar Machine and Steel. Some of the improvements that will be made to the building include dock levelers for the truck loading dock: upgraded overhead lighting throughout the entire 20,000 square foot building, installation of both high and low voltage electrical panels in each bay, 2 outdoor ground monument signs, and the construction of a 4,000 square foot office space complete with bathrooms. The start of the interior build -out of the building will Airport Calendar CCAA Advisory Board Meeting Date: March 5, 2012 Time: 1:OOpm Location: Everglades City CCAA Advisory Board meeting Date: April 2, 2012 Time: 1.00pm Location: Marco Island Executive Airport Balloons Over Paradise — Balloon Event (Sponsored By Seminole Indian Casino) Date: April 13 -15, 2012 Time: TBA Location: Immokalee Regional Airport CCAA Advisory Board Meeting Date: May 7, 2012 Time: 1:00pm Location: Immokalee Regional Airport Any information, ideas for future issues, or comments on the newsletter can be sent to the Immokalee Regional Airport staff at: Immokalee Regional Airport Newsletter Comments 165 Airpark Blvd. lmmokalee, FL 34142 E -Mail: ImmokaleeAiroortAcollie _ ov.net IMM Connection 6 ... �.�...... �... t,uiI 4[I,tl►Y4y wIli Ililllillv4 WILMy, UIIOW Ior more Ummne, o7rlclaI say, ; Nap le... Page 1 of 2 ■ � Rtan niors at napleantws.eom New Marco airport taxiway will improve safety, ailow for more traffic, official say -,2 -. 2C 12 MARCO ISLAND — A new taxiway is expected to improve safety at the Marco Island airport, and increase the number of takeoffs and landings the facility can handle. Previously, the Marco Island Executive Airport was the only airport in Florida with a 5,000 -foot runway to accommodate let traffic that did not have a separate taxiway. On Friday, about 200 supporters and county officials gathered at the airport on Mainline Drive —just east of Marco Island — for the opening of the taxiway and a ceremonial ribbon cutting. In the past, many planes were prevented from landing at the airport because insurance carriers were concerned the lack of a taxiway created unsafe conditions, said Lt. Col. Ray Rosenberg of the Civil Air Patrol. "Now, insurance carriers will allow their aircraft to land, bringing an economic impact to the county," he said. Before the opening of the taxiway, pilots had to taxi down the runway before taking off or after landing, tying up airport operations and creating a potential collision hazard. Now, the taxiway extends the length of the runway, freeing up the airport's single runway, eliminating the need for "back taxiing," and greatly increasing the number of takeoff and landing operations the facility can handle. The airport handled over 18,000 takeoffs and landings last year. The new taxiway — 5,.000 feet long and 35 feet wide — will accommodate aircraft weighing up to 50,000 pounds, allowing access to jets like the Gulfstream V. The project also included 550,000 square feet of new aircraft parking space, which can hold up to 16 jets. The nearly $7 million project was 90 percent paid for by the federal government. The rest was split between the state and the county. The work was finished within budget and two months ahead of schedule, said Chris Curry, the Collier County Airport Authority's executive director. Because the taxiway had to be carved out of environmentally sensitive wetlands, approval was required from the Florida Department of Environmental Protection, the Fish and Wildlife Conservation Commission, and the U.S. Army Corps of Engineers, in addition to the Federal Aviation Administration and the county. %a http:..'/www. nap lesnews .cominew s/2012Jf cb.'241ne"w- marco- airtion- taxiway -w ill - improve- sat:... 212712012 - .- •- _ _.,r... Jr— L c"evivygLy w III iiiifnUvu zidlc v, Allow Ioir niore trattic, official say: Maple... Page 2 aft 2e, Collier Commissioner Donna Fiala said that at one point a "little nest of crocodiles at the and of the runway" nearly derailed the project. Collier County Manager Leo Ochs lauded Fiala's work to secure funding for the taxiway. "Without her diligence and persistence, this never would have come to fruition," he said. Friday's ceremony included the New Horizons brass band, as well as the landing and takeoff of a World War II -era Navy AT6- Normal flight operations at the airport continued during the ceremony. C-'.} 2012 Scripps Newspaper Group — Online hitp://%-% -w. naplcsncws ,cominews�2012!feb /24 /new- marco- airport - taxiway -w ill- vnprove- saf.,. 2/27/2012 ,t ,,yyam� r 7.7 r 4 _ • I% 'If ..y •S F r 3 ti i� . Immokalee Regional Airport PAVEMENT REHABILITA7TON RUNWAY 9 -27 ATTACHWNT ir-A" Grant Pre- Application Grant Description I. Grant Description Prepare design plans and specifications, bid documents and bid the restoration of Runway 9 -27 at the Inunokalee Regional Airport, According to the most recent Florida Department of Transportation (FDOT) Statmide Airfield Pavement Inspection, Runway 9 -27 at the Immokalce Airport is in "very poor" condition. The PCI rating of 27 is below both the FDOT and Federal Aviation Administration General Aviation Minimum PCI Ratings. See altached FDOT Statewide Airfield Pavement Management Program Report for Itiinnokalee Regional Airport dated May 2011. I1. Cost Breakdown GRANT OTHER COST AMT (95 %) (5 %) Design and Bid Runway Restoration $725,000 $688,750 $36,250 i3 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 testoration of Runway 17 -35 and aircraft apron at the Marco island Execmutive Airport, According to the most recent Florida Department of Transportation (FDOT) Statewide Airfield Pavement Inspcetion, Runway 17 -35 at the Marco Tsland Executive Airport is in "very poor" condition, and the aircraft aprons are rated in "fair" condition. The PC 1 rating of 31 for Runway 17 -35 is below both the FDOT and Federal Aviation Administration General Aviation Minimum PCi Ratings. See attached FDOT Statewide Airfield Pavement Management Program Report for Marco Island Executive Airport dated May 2011. 11. Cost Breakdown Glk& PT OTHER COST AMT (95 %) (5 %) Design and Rid Runway Restoration $800,000 $760,004 540,000 r4/ SITE LICENSE AGREEMENT; HOT AIR BALLOON EVENT AND HARN'EST FESTiVAL. AT IMMOKALEE REGIONAL AIRPORT LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AUTHORITY A_ND THE SEMINOLE CASINO AT IMMOKALEE, APPROVING THE USE OF COUNTY-OWNED PROPERTY FOR THE PURPOSE OF A HOT AIR BALLOON EVENT AND HARVEST FESTIVAL. This License Agreement entered into this .. day of , 2,0 12, by and between the Board of County Commissioners, in its capacity as the Collier County Airport Authority. whose mailing address is care oi' Airlx)rt Authority .11ire:ctor, 2005 Mainsail DYI-Ve. Suite 1. Naples. Florida 34114. hereinafter referred it) as AUTHORITY. and Seminole Casino at Irnmokalee whose irialling address is _ , hercinaller referred to as PFRMIT];E. WHEREAS, the PERMITF.F requests the use of County -owned land fir the purpose of holding activities inr PERMITEE. ~which are to be held ftom April 13 - 15, 2012, NkITER AS, thL A1.7110RITY is wilting to approve the use of the subject County - owned land for such purposes. NOW, '111EREFORF,, TN CONSIDERATION OF THE MUTUAL COVENANTS C'O TATNTED HEREIN AND OTHER VALiJABT.E CONSIDFRATiO:ti, THE PARTIL"s AGREL AS FOLLOWS: ]. The A1,)TITOR11*Y hereby licenses real prmperty in Collier County, Florida. described as open area's at the Southwest portion of the Immokalee Regional Airport, further shown in Exhibit "A" attached and made a part hereof, hereinaller referred to as "Properry" for the purpose of holding a hot air balloon event "Balloons OVer Paradise" and Harvest Festival, 2. The approval of the use of the Property by the PERMITEE shall extend t'rom April 12 -1(i. 20 12. PERMTTI =E is aranted use of the Property 5:00 a. m. until 11:00 p.m. I These dates include one (1) day for set -up, one (1) dar_fur take -dawn and three (3) days for the actual euent.j Tn the event PER'v ITLE should fail to return the Property to its pre- event condition by 7 p,m. April 16, 2012. the County shall impose a penalty, of $1,000.00 per hour or portion thereof. 3. The PERMITFF shall monitor. control and assuane responsibility for all activities. vendors. licensocs. and invitees associated with such event, such responsibility not being limited it) trash collection and clean -up of the Property. The PERMITEE accepts the Property as is'. AI;THORITY shall not be obligated or required to improve, repair. nr maintain the Property or any part thereof in any inanner. whatsoever. PERMITEE agrees to provide udequate personnel for the timely removal of al I event items and remnants. /5- 4. The PFRN-iITEE. shall acquire any and all permits required by Collier County and any outer coven mental entity, including and not limited to an event vv°aiver, to conduct such event and related activities on the Property prior to the dates of the intended event. Said permits are issued hv- the Planning and Permitting Department located within the Collier County Grow -th Management Division building, on Horseshoe Drive. 5. The VERMITli shall pay Seven Hundred and Twenty-Fivc and 1o/100 Dollars ($725.00) per day for April 13 -I5. 2012 (and not fin the set up or tear down daysl by or on April 10. 2012. plus any applicable sales and.'or use taxes for use lee of the Property. 6. NON-PERMANENT iMPROVEMt•:TiTS: Prior to snaking any changes, alterations, addition% or improvements to the Property, the PFRMITF:F vvill providc to ALITHORiTY, in writing. all proposals and plans for alterations, improvements. changes or additions to the Property. The PLRly ITEE covenants and agrees iii connection with any maintenance. repair work. erection, Construction, improvement, addition or alteration of anv authorized modifications, additions or improvernents to the Property, it) observe and comply- with all prewnr and future laws. ordinances, rules: regulations, and requirements of the United States of America. State of Florida, County of Collier. and any and all bovcrnmcntal agencies. All alterations. improvements. and additions to the Property shall: at once, when made or installed, be deemed as attached to the freehold and to have become the property of Collier County and shall remain for the benefit of the County at the end of the term set forth in this Agreement in as good order and condition as they were when installed, reasonable wear and tear excepted: provided. however. if AUTiTORITY's staff' so directs, the PLRMITEE shall promptly remove the additions. improvements, alterations, fixtures and installations which were placed in: on. or upon the Property- by the PERMITFF, and repair any damage caused to the Propcny by such removal, 7. This Agreement hereby cxpressly adopts and incorpordles by reference as if fully set out herein the attached Exhibit "1.3'': the Collier County Airport Authority Contract insurance Requirements. All terms and conditions of such Agreement are deemed to apply to this Sire License Agreement and PERVITTEE expressly agrees to abide by the conditions listed in Exhibit .B• K. This Agreement shall be administered on heha]f of the AU; I*HORITY by and through the Collier County .airport :Authority. 9. The PER \41-1-LE, in consideration of *1'cn Dollars ($1 0.00)r the receipt and sufficicncv of which is hereby acknowledged, shall indemnify, defend and hold harmless Collier County, the AI;T110RITY. the Board of County' Commissioners and all of each entity's respectiv�e agents and wmployees from avid against any and all liability (statutory or otherwl.w). damages. claims tiuits, dernands. _judgments, costs. interest and expenses (including. but not limited to_ attorneys' ices and disbursements both at trial and appellate levels) arising. directly or indirectly, from anv injuny to, or death of, any person or person Or damage to property (including loss of use thereof} related to (A) PF.R.'MITEE'S use of the Property. (B) any work or thing vvhwsoever done. or any condition created (other than by AUTHORITY. its employees. agents or contractors) by or cm behalf of PER.'d1fTL'L in or about the Propeny_ (C:) any condition of the obligations under this Agreement, or (i7) any act. omission or aegligcncc of PER ETEE. ur its agents. contractors. /(p employees. subtenants. licensees. invitees or patrons. In case any action or proceeding if AUTHORITY shall so request. at PFRMITF.F'S expense. by counsel reasonable satisfactory to AUTHORITY. The AUTHORITY shall not be liable filr any injury or darmagre to person or property caused by the elements or by ether persnMS on the Property, or from the street or sub - surface. or from any tither place. or f'or any interference caused by operations by or for a governmentak authority in construction of any' public or quasi - public works. The AUTHORITY shall not be liable for any damages to or loss of. including, loss due to petty theft, any property. occurring on the property or any pare thereof, and the PLAMITEL agrees to hold the AUTHORITY harmless from any claiins or damage, except where such damage or injury is the result of the gross negligence or willful misconduct of the AUTHORITY or its employees. The County shall not he responsible for any loss. theft or damage to fine vchicle using the designated vehicle parking area. 10. The PERMITEF. covenants and agrees not to assign this Agreement or to pen-nit any other persons to occupy same without the prior written co .wat of the AL'.THORITY's staff. 11. '111c Collier County Airport AUTHORITY reserves the right to cancel andior reschedule any or all of the above- described ae iivities. scheduled for any or all ref the above- listed days, upon ten (10) days notice to the PERMITFF of the Department's intent to reschedule and. car cancel. If the AUTHORITY cancels the event, all monies will be returned to PFRMITLE. in a timely manner. 12. Any- notice to be given by either party to the other pursuant to the provisions of this :Agreement shall be in writing. but may be delivered by mail, ilex, etnail or any other means of actual wriuen notice. Notice shall be effective upon actual receipt by the addressee, 13. The AUTHORITY and FERMITFF. specifically agree that this Agreement reprewI nts a Bare License with no interest coupled thereto for the PHRMTTF.F.'S use of the Property and does not convey any estate in the Property or create any interest wNhalstle Ver. 14. The Ph_'RM1T1-F represents tuid warrants to the AUTHORITY that no hazardous materials will be discharged to the air, grounds. sewer, or to a septic system on the Property. At termination of this Agreement, at no cost to the At TFIORITY. the AUTHORITY may rcclucst that the PERMITLL conduct and provide to the AUTHORITY an environmental audit. which shall contain a written declaration from an en••ironmental consultant acceptable to AUTHORITY. which verifies that the Property which is the subject of this Agreement i5 ill compliance with all applicable State and Federai envirorunentat la -ws.. and that the property surrounding the Propemy is free i rom contamination. Tire PEE —MITEE ackno"Oedgcs its obligation hereunder for the cost of conducting the environmental audit. bringing the subject facilities into compliance and any and all costs flor clean up, removal and mmc:diation, it' any. 14-" The PF.RMITF.F. shall be. responsible for paying all applicable sates taxes. and charges as < }ciated with or resulting from the holding of this event_ r� lb. The PERN-11TEL shall he allon ",ed Lo titilire water on AUTIIORITY 's Property. 11' available. without any cost to PERNMMFF.. 17. At its sole cost. PERM11FT. shall he required to provide portable lavatories on the Property during the cvent and remove said portables following the event. 18. At ]IS Sole COSt, the PF RY[lTEE shall be required to contract for and provide dumpsters on the Property- during its use of'the Property. 79. At its sale cost. the PERVIITFF. shall be responsible for contraet1 g bona -fide security or police prtnections for crowd and/or tral'lic Control in sufficient numbers t(] protect the health kclfare and safety of the public attending the event. PFRMITEL•' shall be solely responsible for obtaining zsnd compensating personnel it) handle all parking requirements. Parking requirements include personnel nmcssary° for the maintenance of the adequate and acceptable flow of traffic entering and leaving the event. if KILMITEI~ flails to pro%,-ide such personnel and County- staff`, agents. ernployces or workers must be used to handle traffic congestion issues, PFRN41TFF., shall reimburse Collier County fir such costs. Public and all vehicular parking shall be delineated on a mapldiagrdm attached to this Agreement as Exhibit "C'." Personnel shall be utilized by PFRMTTEE to ensure that all parking at the event is conducted according to the attached I- xliibit "C." ?U. This Agreement is governed and construed in accordance with the law of* the State of Florida_ nis License shall not be construed for car against a party because that party wroic it. Any ration or proceeding arising from this License IN WITTtiESS WHEREOF. the parties hereto have made and executed this TArnited Use License Agreement as of the day and 4rar first above written. AS TO THE PERIMITEE: SEMI NOU CASINO AT IMM. KALEE Witness (si- naturC) (pnn[ name) Witness (signature) {print nanie! BN,: 4 President AS TO T Iil-' AUTTIORITY: ATTEST: DWIGHT E. BROCK, CLERK M . Depute Clerk Approved as to fom and lCgal sufficiency Steven T. Williams Assistant Countx- Auorner BOARD OF COUNTY Cif MMISSIORFRS COLLIER COUN-'Y, FLORMA. IN ITS CAPACITY AS TITE COLUER COUNTY AIRPORT AUTHORITY BY: !'RED W, COYLE. Chairman wj AIRPORT AUTHORITY Combined Statement of Net Assets For the period ended January 81, 2012 Noncurrent assets: ReWicted assets: Claim on Cash Operating Capital Combined Receivahtes; Fund Funds 1, 141. 568.48 Due from other funds 495 496-499 1,084.561-23 ASSETS O.DO 2.261, 098.21 2r261,098.21 Current assets: U 00 Claim on Cash 201,068.56 201,088.56 A=unts Receivable 47,932.06 2,223.14 50,155.19 Inventory 160,559.87 �^ 160.859,87 Total current assets 409,560.46 2,223.14 411,783.62 Noncurrent assets: ReWicted assets: Claim on Cash 2,860,817,08 ' 2,660,817,08 Receivahtes; 208,386.97 933,761.51 1, 141. 568.48 Due from other funds 24,778.96 1,059,7a2.27 1,084.561-23 Due from other governmenls O.DO 2.261, 098.21 2r261,098.21 Capital assess: U 00 Land 1,608, 396,27 1,608,396.27 Depreciable capital assets, net 11,357,020.84 96,985.29 11,357,020.64 Construction in progress 224,857,78 5,918,771.72 5,918,771.72 Total noncurrent assets 12,M.195.07 11,900,469.25 24,890,665.35 Total Assets 13,39, 9,7 11,9D2,692.42 25,302,448.97 LIABILIIII;S Current flabuities: Vauchws payable and aoeruals 208,386.97 933,761.51 1, 141. 568.48 Due to other gavemments 3.055.99 0.00 3,055,99 Due to other funds 0,60 2,402,$97.11 2,402,997.11 Lease Payetlle - Current U 00 Refundabla deposits 13,444.50 13,444,80 Unearned revenue _— — 96,985.29 98,965 -29 Total �current liabilities 224,857,78 3,433,183,91 3,ti58,451.6T Noncurrent liabilities: Liabilities payable from restricted assets: Advances due 6CC general fund 9,416,602.88 11,195,071.42 .20,81 t,674,30 Retains, a payable 0,00 0.00 Lease Payabfe - gong Term 0.00 0.00 Accrued wages payable 0.00 0.00 Compensated absences 86,638.47 66,638.4T Total ndncurrenl liabilities 9,483,241,35 11. 1 96.0T 1.42 20,678,312.77 Total Liabilities 9,708,129.11 14,628�235.3.3 24,336,364.44 NET ASSETS Inresle4 in capital assets, net of related debt 3,573,593.19 - 5,276,299.70 = - 1,702,706.51 Unrestricted 1114 034 25 2 550 7 56, T9 2,66_ ^8 704 Total not assets 3.69 .2.725,542.91 96_ 0$4,53 ' Cash in FUrd 496 is restricted to budgeted projects ' Capital assets acquired through Funds 49614ru 499 are transferred to Fund 495 when complete, however, debt is nol, .20 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 Cash flows from non - capital financing activities; Cash transfers From Other Funds Cash transfers to other fund's Net cash provided by (used for) non. capital financing activities Cash flows from capital and related financing activities_ Proceeds from capital grants Proceeds from insurance claims Payments for capital acquisitions Net cash used for capital and related financing activities Cash flows from investing acdvities: Interest on investments Change in fair value of investments Net cash provided by investing activities Net increase (decrease) in cash Claim on Cash, October 1, 2011 Claim on Cash. January 31, 2012 AIRPORT AUTHORITY Combined Statement of Cash Flows For the period ended January 31, 2012 Operating Fund 495 $ 971,143 (7514,901) (325,560) (109,318) 189,500 (24, 638 � 154,664 225 225 55,771 145,298 $ 201,069 Capital Fund 496 - 499 7,296 (1,000.793) (993,496) 1,345,034 (125, 000) 1,220,034 2,733,263 (1,809,474) 923,789 2,520 2,520 1,152,847 1,507,970 2. &60,897 Combined 978,439 (1,755,694) (325,560) (1,102,845) 1,534,534 (149,fi36) 1,384,898 2,733,253 (1,809,474) 923,789 2,745 2,74$ 1,208,617 1,853,268 z,86T,88s ..21 w 4i p c c LL. a.gyp -. c j N F u c C12 o3 c � E a O E V0 3 d � L Co C II 3 0��3 7 � } f,S Ad G 3 V m T d 0 ` N V T 0 IL Cr IN W u 4 � r C3 'o, N c m .� W Cq V- 000 coo 0 0 0 0 C) b b o 000 0 0 0 0 o OY 0 0 O CV N N 0 d N raj tDCVti d ti N 14 OD Lo Tt+ r � m r NY oe iV v? 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CD c o°o0$ v000 to r N 0 w C'7 06 � .� m T Ikoll yr Y U'5 Q ._ n7 O 04 [v OD CN CO N IN - c 0) W COGOC" LO � N 0 w v ui M CC KU N � � .� m M O d co cv o a .- r -04�Ci Lo a 30 O 4 2 .� m ._ o CL CO rT [•So MMM{D M 1rJ M Nr a 30 March 2 7.201' ?agenda Itzrn EXECUTIVE ST;:ViMARY Recommendation that the Board of County Cemmissioners, acting in its capacih as the Collier C :aunh- Airport Authority, approve the attached First Amendment to the i,ong- Terrn Ground Lea-.4c with Turbo Services, Inc. OELIECTIVE: To extend the date by which construction must begin by six (6) months. change the address 10T notices to be sent to from Real Property to the Airport Authority. and incorporate clauses requested bi, the Fcderal Aviation Administration into the Long -Tenn CTround Lease and Sub -Lease Agreement (Ground Lease) with Turbo Services, Inc. for the Construction of a _jet engine testing facility at the lmmokalee Regional Airport. CONSIDERATIONS: The Collier Coutin, BL)arci of County C:ornmissioners. acting: in its capacity as the !Airport .Authority, approved a Ground i.ease between the Authority (L.essor) and Turbo Services, I tic . J essee) to construct a jet engine testing faeiIit%- at the Tmmokalec Regional Airport on March 22, 2411, Agenda Item l 3A2. The conunenccment date oi' the Ground Lean: ►nus April 1, 2011. The Ground Lease states that. -Construction must commence no later than one }ear fiat the date of this Ground Lease.- The Lessee made significant design changes to-the facility to improve sound absorption, and securing the required permits for construction cif the f'aciliity is. taLng longer thwi anticipated. The I.esso}r and Lessee wish to extend the timcframe by Which construction must oonimence by six (6) months. The Lessee is working diligently to #inallze the permittinp,a W is prepared to begin construction as soon as all the required permits are in Adam. The Ground Lease requires that Real Prop"- Viafi�,ement be copied on notices to the Lessor. Tile Parties wish to revise this so trot the Aigvn .Authority is copied on all notices to the Lessor. Following its review of the Ground Lease. the Federal Aviation Administration requested the IbIlo%kinghiondise rim inaticmand Propem.- Rights Resen-ed Clauses be added the Oround Lease, The Lessee for himseli'. his personal representative. suceMSOrt ili interest, an assigns. as--a part of the consideration hereof, does hereby coyenani and agree that 1 no person on the =rounds of rac color, or national origin shall be excluded front participation denied the bencti7s ol. or be otherwise subjected to discrimination in the use cif said facilities. (2) that in the construetiop of any improvcmcnis on, over or under such land and the furnishing of services thgreon, no person on the grounds of race. color or national oritsin shall be excluded glom participa tion.. in. denied the benefits cif, or be tithe %vl%e subjected to discrimination, (3 ) that the tenant shall use the premises in compliance with all other rectuirernents imposed bti or pursuant to Title 49. Code of federal Regulations. Department. -of Transportation. Subtitle A. Office of the Secretary. Pan 21. Nondiscrinutiation in Federally.. assisted March ? ?, ?Ol? A -Munch Item programs of the Department of 'I'ran,fortation- Fjl'ectualion of Title VI of the Civil Rights .act oCI 964, and as said Regulations may be amended, That in the event of breach of anti- of the above nondiscrimination covenants. Airport Owner shall have the right io terminate the lease and to re -enter and as if said lease had never been made or issued_ The provision shall not be effective until the procedures to Tide 49_ Code of Federal Regulations. Part? 11 arc followed and completed: including exercise or expiration of appeal rights. Property Rights Reserved. This lease and all provisions hereof are subject and subordinate to the terms and conditions of the.instruments and documents under which the .airport tuner acquired the sabj&t property from the United States of : uncri ca and Shall he giyen only swb Feat as wi11 not conflict or be inc[msistent with the terms and conditions contained in the lease of said lands from the Airport 0%mer. and any existing or subsequmt amendments thereto. and are subject to any ordinances, rifles or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regional Airport FISCAL IMPACT. There is no fiscal irnpam associated with this Executive Summary, GROWTH MANAGEMENT IMPACT- None, LEGAL CONSIDERATIONS: JTo he added by the CountyAifurne.v's Offre] RE•C:OMVIENDATION: , That the Board of-Couniv Commissioners, in its capacity as the Collier CoLnty Airport Authority, :approNe5 the attached first Amendment to the Long-Term Ground Luse with Turbo Services. Inc. to eonstrum a jet engine testing facilih al the Immukalee Regional Airpom PREPARED BY: Chris Curry, Airport Authomy Executive Director FIRST AMENDMENT TO COLLIER COUNTY STANDARD FORM LONG-TERM GROUND LEASE AND SUB-LEASE AGREEME'N'T THIS AMENDMENT TO COLLIER COUNTY STANDARD FORM LGNG -TERM GROUND LEASE AND SUB-LEASE AGRF:HMF.RT ( "Amendment ") is made and entered into this da". of 2012, by and between Turbo Services Inc., a corporation duly organized under the lams of Florida, (hereinafter rei'erred to as "Lessee'), and the Board of County Commissioners of Collier County. Florida. actin: in its capacity as the Collier County Airport .Authority, (hereinaftcr referrer} to as-Lessor"). collectively stated as the "Pardes.- RI C!'IALS: WHEREAS, the Parties entered into an agreement da d. April 1. 2011 (hereinaftcr referred to as the --round Lease -) a copy of which is attached hcreto;And WHEREAS. Lessee leases property at the 11=1 Aalee Regional Airport flor the eonstrurtion of a jet engine testing fac:iliLv.: and WHERJEAS, the Parties wish to amend Paragraph 5 (T.essce's Obligation to Build and Modification to Building) and Paragraph 25; and WIIEREAS, Lessor «wishes to add Paragraph 31 (Nondiscrimination Clause) and Paragraphs 32 (Property Rights Reservcd) in accordance %vith terms qAd conditions set forth by the Federal Aviation Administration (FAA). WTTIti,Ea„`', SEA NOW, THERHFORE, in cons�.deradon of e'en Dollars (S 10.00) and other goad and valuable consideration exchanged amongst the Parties. and in consideration of the covenants contained herein, the Parti.cs agree as ibllows: 1. All of the above RECITALS are true and correct and are hereby expressly incorporated herein by reference cis if set forth flully below. Paragraph 5 ofthe (round Lease_ entitled Lessee's Obligaiion to Build and Modification to Building, is hereby amended it) read as follo %s: 5, Lessee's C}bi iio n to Build and. Modi fi cations it) BuiIdina. Lessee shall design, permit and cxm.%"ct in compliance with all governmental regulations. at its sole cost and expense. a building to be solely utilized for the uses described in paragraph 4 above_ The plans. specifications and building design for the Lessee's improvements to he constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its apprOVal such plans and Specifications necessary to obtain a building hermit for Lessee's intended improvernents. Lessor shall ha,..-e thirty. (30) days alter receipt of any- submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted. not approved as submitted; or Lessor may provide Lessee with requested changes, if the submittal is not approved or if Lessor requests changes. Lessee shall submit revised plans that will meet with Lessor's approval or 0 incorporate the requested changes into the plans. if Lessee determines not to revise its plans then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from tithe to time too uccc}mmodate site issues or operating changes to Lessee's use of the Leased Land. Material changes From the approved plans will require Lessor's written apprvval, which approval ;hall not be unreasonabiv withheld. All plans shall be in conformity with Collier Caunly standards. Construction must commence no later than atte yea eighteen months from the date of this Ground Lease. In the zwent Lessee does not commence construction within such period, then the Lesser shall have the right to terminate this Lease and neither party shall have any further obligations to the ether pam•. Upon coommencetnent oF* construction. Lessee shall diligently- pursue said construction to completion and complete said construction con nr before twenty-lour (24) months from commencement, subJect to delays beyond the;oonirol of the Lessee. Lessee shall be solely responsible for the costs of repair4 as y damage to Lessor's roads, water and sewer facilities or other infrastructure kwated within oar outside the Leased Land resulling from construeflon or use by Lessee; its agents,. officors on emplovecs. lessee must demonstrate to LcsSor that it has sufficient Funds necessary to complete any proposed pro'cet. and I cssor ma,, require. as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Notwithstanding anything to the contrary.. it is expmAy understood and agreed that Lessee has the right to terminate the Lease if after the-exercise of due diligence. it is unable to develop the contemplaW building li }r any reason wbatsoever. Paragraph ?; tol' the Ground Lcase_1; hereby amended to read as follows: 25. Except as otherwise provided herein. this {ground Lease Shall cmh• be amended by mutual WTILW1 consent o f floe Parties hereto or bx- their successors in interest. Notices hereunder shall be givenr-to the Parties set forth below and shall be made by hand delivery, facsimlie, ox-cmight delivery or by regular mail. If given by regular mail, the notice sWW-be de0neu to have been given within a required time if deposited in the U.S. M64 postage prepaid, "ithin the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which. for purposes of this (ground Lease shall be any day other than a Saturday-. Sunday Or legal public holiday. Notices shall be addressed as follov-,S: trio Lessor: CountvMonager Collier CountN Manager's Office 3299 Last Tainiami Trail Naples, Florida 34112 CC: - - - -r-las, Tffiffii&Mh Fa ii area} . Pler-ida 34112 Fxecutive Director Collier Count-v Airport Authority 200_ Mainsail DT., Ste, 1 Naples. Fl. 34114 V If to I .essee; Tonn Stout, President Turbo Services Inc_ 197-5 Banks Road Margate,. FL 33063 'Notice shall he deemed to have been given on the next successive business day to the date of the courier N", ybill ii sent by nationally recognized overnight deliver` ser�ice. Paragraph 31. entitled Nondiscrimination Clause, is hereby added to the Ground i.ease to read as follows: 3l. 1londiscrimination.C1ause. The Lessee f&:hirnxelt: his personal rcrresentative, successors in interest, and assigns. as a hart of the wrisideration hcreof does hereby° covenant and aurce that (1) no person on the trrounds of race. color_ or national origin shall he excluded from participation in, denied the Nmelrits of, or be otherwise subjected to discrimination in the use of said jaeilities. (? ) thf i- in the construction of any improvements on. over ar under such land and the furnishwa of services thereon. no person on the . grounds of race. color or national origin shitli be excluded fro n �icipation in, denied the henefits of, or be othc ise subjected to discrimination. {3) that the tenant shall use the yrernises in comblitonm with all other reauirerneuts imposed Subtitle A. Office of the Sometary ,Part 2 1. Nondiscrimination in Federally assisted programs of the Ilepartment of TranspartKtion- Ef&etuation of Title VI of the Civil Rights Act of 12K and as said regulations may he amended. That in the vent of breech of anv .o>f:tbe above noWiscrimination covenants. Airport Owner shall have the ri--.it to terminate the lease: and to re -enter and as if' said lease had never been made or issued. 'fhc proyision shall not be effective until the procedures to Title 49, Code of Eg4grof RegWations. Part 21 arc followed and completed. including crease or a 'ratio >n of appeal rim Paragraph 32. en titled.Property :lights Reserved. is hereby added to the Ground Lease to read as follows: 32. Emp erty Riffs ltcscrycd_ This lease and all provisions hereo }l' are subject and suhc7rdinate to. the lermg and conditionns of the instruments and documents under which the !lirnort O-Ammer aexluired the subject property from the United States of America and shall be riven.cml such effect as will not conflict or he inconsistent with the terms quid conditions contained in the lease of said lands from the AiM)rt t ymer. and any existing or subsequent amendrnents thereto. _.and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the !limo :n Owner perwining to the immokalee Regional Aiport. 2. Lxccpt as modified by this Amcndinent. the Ground Lease Aarcemcnt, shall remain in full force and effect, I i'there is a conflict between terms of this Amendment and the Ground Lease Agreement. the terms of this Amendment shall prevail_ IN WITNESS WHEREOF, the Parties hereto caused this first Arnendmem to he executed by their appropriate officiai5, a_-, of the dale lirst above written. AS TO THE LESSEE.: Witness (Signature) (Print name) Witness (sil natum) (Print name} AS TO THE I.FSSOR- !LTTEST, DWIGHT F. i3ROCK. CLERK By: . Depwy CIerk Approved as to Bann and legal sufficiency: Jeffrey A. Klatzkw w County- Allomey Turbo Sen -ices Inc. Torn Stout. President and CEO BOARD OF COUNTY C'OMMISSI {)NERS COLLIER COUNTY, FLORMA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AITMORITY BY- 1"RED W. COY LL. Chairman M COLLIER COUNTY STANDARD FORM LONGTERM GROUND LEASE AND SUB-LEASE AGRIEMENT This Lang -Term Ground Lease and Sub - Lease Agreement (hereinafter referred to as "'Ground L.we') is entered into as of April 1, 2011 (the "Commencement Date "), by and bttween Turbo Services Inc., a corporation dory organized under the laws of Florida, whose mailing address is 1925 Banks Road, Margaret, FL 33063, hereinafter referred to as "Lessee," and the Board of County Commissioners of Collier County* Florida, acting in its capacity as the Collier County Airport Authority, winos$ trailing address is 2005 Mainsail Drive, Suite- 1, Naples, Florida 34114, hereinafter referred to as "Lessor," collectively stated as the "Parties," RECITALS• WHEREAS, Lessor is responsible for operation and maintenance of the Immokalee Regional Airport ( "Airport'% whicb it Sub - Leases from Collier County pursuant to a Sub -Lease agreement dated May 24, 1994, as arnmded, which Sub -Lease term expires May 23, 2425 ( "Master Sub - Lease "); and WHEREAS, Lessee desires to lease property, as described in the attached Exhibit "A," to cnr}struct a jet engine testing facility at t1w Airport; and WHEREAS, the Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier County Airport Authority, finds that it is in the public interest to Sub- Lease this property to Lessee on the terns and conditions act forth beiow- WITNESS1ErTH: NOW. THEREFORE, in consideration of Ten Dollars ($10.04) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter' into this Ground Lease on the following terms and conditions_ I . Conveyance. On the terms and conditions set forth in this Ground Lease, and in consideration of Lessee's performance under this Ground Leaser the Lessor conveys to the Lessee the present possessory interest in the Leased Land described below, 2. Description of Leased LaTXL The Leased Land which is the subject of this Ground Lease is located at tho ifrnmokalee Regional Airport, Collier County, Florida, more particularly described in Exhibit "A," hercinafter referred to as "Leased Land." 3. Conditions to Convg Laace. %cssee warrants and represents to Lessor that it has examined the title and boundaries of the Leaser! Land. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encurnbrances and limitations now roaorded against the Leased Land; b. Any and all existing or future zoning laws or ordinances; Page 1 of 13 c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Ground Lease. 4. Use of Leased Land. The purpose of this Ground Leasc is for Lessee to operate a testing facility for jet engines. Testing of jet engines will be conducted Monday to Friday between the hours of 8.00am to 5.00pm unless approved in advance and in writing by the Airport Manager. To effectuate this use, Lessee is required to construct a building as set forth below. Lessor &hail have the right to terminate this Ground Lease should Lessee utilize the Leased Land or the Building (referred to collectively hereinafter as the "Premises ") in any manner inconsistent with the approved use, In the event Lessee shall cease to use the Premises for the approved use, and such cessation of use shall continue for a period of sixty (60) days, this Ground Lease, at the option of the Lessor, upon thirty (30) days. written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor within thirty (30) days after notice of such termination. Provided, bowever, said sixty (60) day period shaIl be tolled if such cessation is caused by events beyond the control of the Lessee such as acts of God or if such Cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Lcased Land, At no time will noise levels exceed 122 DB within 20 feet of the jet testing facility. 5. Lessee's Obligation to Build and Modifications to Buildinsi Lessee shall desi6p, permit and construct in compliance with all goverarnental regulations, at its sole cost and expense, a building to be solely utilised for the uses dmuribod in paragraph 4 above. The plans, specifications and building design for the Ltssee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building permit for improvements to the Leased Land, Us= shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improve-mcnts. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to review Lcssec's submittals and provide a written response as to whether tho submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. if the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. if Lessee determines not to revise its plans then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lacsce's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County standards. Construction must commence no later than one year from the date of this Ground Lease. In the event Lessee does not commence construction within such period, then the Lessor shall hav-e the right to terminate this Lcasr and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty -four (24) months from conunencernent, subject to delays hcyond the control of the Lessee. Ussm shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must drxemonstrate to Lessor that it has sufficient funds Page 2 of 13 R1 necessary to complete any proposed project, and Lessor may require, as pmrl of its approval, the posting of a construction hand or like security to assure completion of the proposed project. Notwithstanding anything to the contrary, it is expressly understood and agreed that Lessee has the right to terminate the Lease if, after the exercise of due diligence, it is unable to develop the contemplated building for any reason whatsoever, 6. 'farm of Ground Lease. The term of this Ground Lease shall commence on the Commencement Date first above written, and unless terminated earlier by the Parties, shall torrninate on the 5`h year anniversary date of this Ground Lease. Lessee is hereby panted five annual options to renew for an additional term of one year, so that if fully exercised this Lease will be renewed for an additional five years. Each renewal option must be exercised, if at all, by written notice to Lessor, and be received by Lessor no later than 30 days prior to the and of the Term or Extended Term_ If exercised, the Lease shall be extended for an additional year on 411 the existing terms and conditions, except that Cent shall be increased by the abange in the CPL as set forth in paragraph 7 hclow_ if Lessee holds over after the expiration of the lease term, such truancy shall be from month to month under all of the terms, covenants mid conditions of this Ground Lease (save rent) subject, however, to Lessor's right to seek legal relief to eject Lessec fmm the Premises as a holdover. Rent shall be doubled during any hold -over tenancy. 7. Rent, The Lessee agrees to pay the Lessor the sum of $11,376 per annum C"Based Rent "), in advance, for each yrar of the term, which includes the applicable sales tax, payable in monthly installments of $948.00, on or before the first business day of each calendar month during the term. Based Rent has been calculated on a rate of S0, 14 per square foot per year_ The Base Rent for any period less than a calendar tnonth shall be prorated. Commencing wit} the third anmiversary of the Commencement Date, and on each anniversary date thereafter, Tenant 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 tamers (CPI -[1) base published by the Bureau of Labor Statistics, United States Department of Labor, The Consumer Price Index to be used will be that for the South Urban Size C: Area (or comparable index if such index is discontinued), hereinafter called "CPI." An increase in the monthly Base Rent for the third and successive Lease Years, if any, shall be based upon a comparison of fate most recent CPI published for the current Lease Year against the most recent CPI publisbod greater than 12 months preeedina the most current CPI. The amount of the additional Base Rent 'shall be the percentage dill wnce between the two preceding CPI's, In no event shall the Base Rent, once increased, be decreased, nor shall it be incrcased more than once in a 12 month period. 8. Net Lease. Except for taxes and tax asgos. tents, which is included in the Ease Rent, this is a fully net lease, with Lessee t-esponsible for all costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly gay when duc and prior to any dciinquency all costs, fees, trash removal services, utility charges, impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the Pr+cmises. In case any action or proceeding is brought against Lessor by reason of lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's expanse, by counsel reasonably sati%factory to Page 3 of 13 q Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its chousina. 9. i.e5see's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. Alt persons to whom these presents may come arc put upon notice of the fact that the interest of the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisitmg of and in compliance with Section 713. 10, >~lorida Statutes. 10. Lessee's Obiilotion to Maintain PremiSCS and Comply with All Lawful Ruquirements. Lessee, throughout the term of this Least, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sanitary attd neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be lirnitcd to, painting, janitorial, fixtures and appurteneaces (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of Lcssor, Lcssee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, Lessor may cause the saute to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5016 administrative fee. 11, Guiet Enioyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted can any of the berms of this Ground Lease. Accotdingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease, During the term hereof, Lessee may, in its sole discretion, improve, alter, maintain, or renovate the Building constructed by Lessee on the Leased Land. Any such work may be undertaken by Lessee at any time or times during the term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lesser as mare fully provided for herein. Lessor agrees to co- operate with Lessee in connection with such construction and agrees to execute any documents required by governmental authorities evidencing Lessee's rights hereunder and consenting to such work. During the term of this Ground Lease, Lessee may erect appropriate signagc on the Leased Land and the irnprovermttts constnicted by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 12. Casualty and Condemnation. a. Casualty. If the Prurnises are destroyed, rcndcred substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other casualty, and Lc,-.,;cc must use the insurance proceed.., hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Lessor provides the Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Prnceo& within a reasonable period of timc is impracticable or would not be in the best interests of the Lessor, in which event, Proceeds shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements, Page 4 of 13 l� then Lessee or Lessor may terminate this Ground Lease by providing notice to the other party within ninety (94) 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 dale of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Ground Lease is not terminated as set forth herein, or if the Leased Land is damaged to a less than material extent, as rcMSnnably determined by Lessee .md Lessor, Lessee will proceed with reasonable diligence, at no cost or expertse to Lessor, to rebuild and repair the Leased Land to substantially the condition as existed prior to the casualty. b. Condemnation. Lessor may terminate this Lease as part of a condemnallou project. Lessor will use its best offorts to mitigate any damage caused to Lessee as a result of such termination; however, in no event Witt Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises, lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during nortrtal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Ground Lease, or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after terrniw6ou of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the tcrmiutioa of this Ground Lease, I.,assor shall retain said improvements with fixtures on the Leased Land which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assinnment_ This Ground Lease is personal to Lusee. Accordingly, Lessoe may not assign this Ground Lease or sublet any portion of the building constructed on the Leased Land by Lessee without the express prior written consent of the Lessor, which consent will not be unreasonably withheld. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessac. 16. insurance. a. Lessee shah provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Dupari mmt, for not less than Three Million and 00/100 Dollars ($3,000,000.00) combined single limits during the term of this Ground Lease, if such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. Pagm 5nf13 If b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliunce with the applicable state and federal laws, The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand and 001100 Dollars ($100,000,00) per each accident. if such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance Iimits by providing Lessee with at least sixty (60) days' advance notice to do so. c. Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Leased Land and all of Lesscc's property located on or in the Leased Land including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not Iess than the then- existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the course of its performance under this Ground Lease, including Employet's Non - Ownership and Hired Auto Coverage, each said policy in amounts of One Million and 001100 Dollars ($1,000,000.00) combined singic limit per occurrence. If such amounts are less than good insurance practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do sn. c. Pollution Liability insurance covering the accidental discharge and clean up of pollutants shall be maintained by the Lessee in an amount of not less than Five Million and OW100 dollars (155,000,000) per occurrence. Such coverage shall cover third peuty liability and clean up coverage. f Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. 'Me above - described insurance poiicies shall list and continuously maintain Lessor as an additional insured thrown. Evidcnce of such insurance shall be provided to Lessor and the Collier County Risk Management Departmcmt, 3311 East'Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Ground Lease; and shall include a provision requiring not less than ten (10) clays prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance mquirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The igsucr of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must ba rated "A" or better in the most currant edition of Best's Insurance Reports. Each insurer must be respernsihle and reputable and must have financial capacity consistent with the risks covered. Each policy must enntain an Page 6of13 f� endorsement to the effect that the issuer waives any claim or right of subrogation to recovc7 against Lessor, 1tS empinyeos,:1-pruscntativcs and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemud to be a material breach of this Ground Lease and Lessor shall have the remedies set forth below. 17, Defaults and Remedies. a. Defaults by Lessee. The occurrence 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 Lessee" to the greatest extent then allowed by law. i. Abandonment of Leased Land or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Ground Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. V, Making of a general aasignment of the benefit of creditors. Vi. if Lessee suffers this Ground Lease to be takers under any writ of execution and/or other process of law or equity. vii. Lessee's loss of its federal IRS tax exempt status. viii. Lessee's failure to utilize the Leased Land as set forth in Exhibit B. ix, Any lien is filed against the Leased Land or Lessee's interest therein or any part thereof in violation of this Ground Lease, or othcrwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is ccmtesting in good faith the validity of such lien and such lien is appropriately bonded. X. Failure of Lessee to perform or comply with any material covenant or condition made under this Ground Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminatc this Ground Lease by giving Lessee thirty (30) days written notice unless the defaait is fuEky cured within that thirty (30) day notice period (or such additional time as is agrecd to in writing by Lessor as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Ground Lease may be immediately terminated by Lessor except to the extent then prohibited by law. b. Remedies of Lessor. i. Tn the event of the occurrence of any of the foregoing defanitc, l .essor, in addition to any other rights and remedies it may have, shall have the immediate right to rc -cntcr and remove all individuals, entities and/or Page 7 of 13 property from the Premises. Such property may be removcd and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and witbout being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. if Lessee does not cure tho defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lesscc for such disposal, ii, if Lessee fails to promptly pay, when due, any full installment of rent or any other suet payable to Lessor under this Ground Lease, and if said sum remains unpaid for more than five (S) days past the due date, the Lessee shall pay Lessor a late payment charge equal to lire percent (S %) of each such payrnent not paid promptly and in full when due. Any anlotmts not paid promptly when due shall also accrue compolmded interest of two (2 %) percent per rnotak or the highest interest rate then allowed by Florida law, whichevcr is higher ( "Default Rate "), which inwrest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Ground Lease. c. Default by Lessor. Lessor shall in no cvcnt be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, I cssor has failed to perform any such obligation(s). d. ReM dies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may havc to direct or indirect monetary damages it incurs as a result of Lessor's breach of this Ground Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Lessor's breach of this {~mound Lease. Lessee's remedies for Lcssvr's default under this Ground Lose shall be limited to the following; i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Ground Lessc. Page 3 of 13 /Z/ I escee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessec on demand all reasonable costs incurred and any mounts so paid by Lessee on behalf of Lessor, With no interest, c. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any othor available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Ground Leese or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power may be exercised from time to time and as oftcn as may be deemed expedient. f. Non - Waiver'. tsvcry provision ht. of imposing an obligation upon Lessee is a material inducement and considoradon for the execution of this Ground Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Gmund Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. 18. Lease Manual. The Lessee shall be provided with the Lessor's .Lease Manual (if any), which the Lessor may be amend from time to titue. The terms of this manual shall be deemed to be incorporated by reference into this Ground Lmt., and Lessee shall be bound by the terms of this Lease Manual, as of the 1"` day of the second month the Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any ter m% in this Ground Lease which are in conflict with the Lease Manual, the Lease Manual shall control. 19. Rules and Regulations. The Lessee shall comply with the Lessor's pablished Rules and Regulations for this Airport; wbicb are on file at the address set forth above, as such regulations may be amended from time to time by the Lessor including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport. Lessec shall also comply with any and all applicable governmental statutes, rules, orders and regulations. 20. Airoori De_v_elormmt. The Lessor reserves the right to further deveJop or improve the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the Lessee, and without interference or hindrance, 21. Airport Operations. The Lessee shall prevent any use of the Leased Land which would interfere with or adversely affect tlra operation or maintenance of the Airport, or otherwise constitute an airport hazard, and will restrict the Fight of structures, objects of natural growth and other obstructions on the Leased Land to such height as comply with Federal Aviation Regulations, Part 77. Page 4 of 13 / Miscellaneous Legal Matters 22, This Ground Lease shall be construed by and controlIcd tinder the laws of the State of Florida_ to the event of a dispute under this Ground Lease, the Parties shall first use the County's then- current Alternative Dispute Rr- wlutiou Procedure. Following the conclusion of this procedure, either parry may file an action in the Circuit Court of Collier County to enforce the terms of this Ground Lease, which Court the Parties aorcc to have the sole and exclusive jurisdiction- 23. This Ground Lease contains the entire agreement of the Parti es with respect to the masters covered by this Ground Leasc and no other agreement, statement or promise made any party_ or to any employee, officer or a.-cat of any party, which is not contained in this G=round Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every terns, covenant and condition of this Ground Lease by the parties. 24. In the event state or federal laws are enacted after the execution of this Ground Lease, which are applicable to and preclude in wholc or in part the Parties' compliance with the terms of this Ground Izasc, then in such event this Ground Lcase shall be modified of revoked as is necessary to cornpfy with such laws, in a manner which best reflects the intent of this Urround Lease. 25. Except as otherwise proOded herein, this Ground Lease shall only be a=nded by mutual written consent of the Parties hereto or by their successors in interesf. Notices herrtmder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be dccrmd to have been given within a required time if deposited in the U.S. Mail, postage prepaid. within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on husiness days which, for purposes of this Crroiwd Lcase shall be any day other than a Saturday, Sunday or legal public holiday_ Notices shall be addresscd as follows: If to Lessor: County Manager Collier County Manager's Office 3299 East Tamiami Trail Naples, Florida 34112 CC: Real Property Management 3335 East Tamiami Trail Naples, Florida 34112 If to Lessee. Tom Stout, President Turbo Services Inc. 1925 Bankq Road Margate, FL 33053 Page 14 or 13 /(a Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 26. Lessee is an independent contractor, and is not any agent or representative or employee of Lessor. During the term of this Ground Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as as employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the Dthcr party wiihout express written authorization of such other party to any obligation to my third pasty. Ira third party is intended by the Parties to be a beneficiary of this Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise_ Nothing contained in this Ground Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee - employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability iinsuranco, deferred compensation, retirement and grievance rights or privileges. 7. N cithrr party to this Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perl'o= an obligation under this Ground Lcase if and to the extent that such delay in perfortnanca or inability to perform i4 caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the pwly claiming Force Majeurc. "Force Majeure" sball include an act of God, war (doe] ared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla, action, economic sanction or embargo, civil strike, work stoppage, sIow -down or Iock- out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any govemmental authority. 2$. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor permit employees, representatives, agents, contractors, sub - contractors, sub - sub -contractors, material men and/or suppliers to engage in such activities upon or about the Leased Land, except those involved in the practice of Turbo Services' Industry and approved lard use and SIC Code, including furl and oil required to test the c n;,�Des. 29. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following, Radon is a naturally occurring radioactive gas that, when it has acciunulated in a. building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exomd federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained front your County Public Health Department. 30. Lessee shall execute this Ground Lease Oar to it being submitted for approval by the Board of County Commissioners, in its capacity as the Collies County AhWrt Authorhy. This Ground Lease may be recorded by the County in the [official Records of C ollicr County, Page t 1 of 13 ,l Florida, within fourteen (14) days after the County enters into this Ground Lease, at Lessee's sulr cost and expense. IN WITNESS WHEREOF, the Lmee and Lessor have hereto executed this Oround Luse the day and year first above written. AS TO THE LESSEE: V'.�'0164 ltn sign ) (print. name) Witness (signature) 6 aq 5���r (print name) AS TO THE LESSOR. ATTEST DWIGHT F. BROCK, CLERK 1 a Ser�'ices,h�c. By_ Tam Stout, PreVdent and CEO BOARD OF COUNTY CONMSSIONE,RS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AL'THOM Y BY: C041 FRED W. COY LE, Chairman Page 12 of 13 O J JMfo bJIS" \LWW SJLW:b }b21,_�IEUS- :ils3ris— ��i ar7fW� a� PPP711 � h VVx Y3cc V iC�! ESi x uii � ao uo Ll Y w x � -M b3 �a .w 6 x M1 a J <A 4N Ck � r 4 Z2 5 t3 4 F {3 a � MN ai ` g 31 'so9s O $_ .. 3 �E I /l? � 7' R p000pppp C] J7 !�S RV V-' g 3 � o � yiypp d 7 0 r m alo C7 I /l? 0 0 0 ui LLI .�. .. 'rev •;�i rr'•'yY 4• �;•.:w-_ �y � .r•.. �:� AIL TWA . ;: - s.Y � ,fie. s 1 -I �`� I = '-s. _• ! .. CAF' � •Y'+ .'I'J •'��+ ,C,, 4' � {.� :I W' I � � �f • n,. C r C T ui •� . -�`� .] '��- ' I r. �"� 1 333 �� ;� e i • _ _r _;: �;b..., `` - 'r��. ;�� = is o „ - #F . � if �.I . 1 i j -.� . �►' f' ,� to _ fj �Q 0 • .. .:' � • ;.'�� �:;, ;, ;', r ,' l: �-F �, �'[c��. ; f.{ l f,. - is i � i ,,, :: .:�••.... �.�:'f' r` '.W'E: l:• a,?.0 �l 'A .F'..:. _ �I li1'. _ F. :`•`w II i 5 1 41, •$`•�" J,��.,�.�'. � - 'Y r. f � i � � - ... y�,,� L� �• I 16 1p INK � 1�vrY- Of. ti �, z, if s R. - F � .^t �`, ti � •.f�'1" � .� � •,'' :. s ';; �' Y . r,. �� it N - —. '`C. r •I - -• - f .. _�.r ... -- —.. _. i - �G i Of Depor 0tk> t ; ` Of frQVport�p}� Federal Avkobn Administral{vn AIA11 April 13, 2011 Mr. Chris Curry Executive Director Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 -8955 Dear Mr. Curry: Orlanda Airports D&hM O#iim 5454 hlazslline Natlonai Dr„ Sulu; 40D Orlando, FL 32822 -Wo3 Phone, (407) 812 -0331 Fax: (407) 812{875 RE: I Make lee Regional Airport Review of !_ease Agreement — Turbo Service Inc. The proposed lease agreement between Collier County Board of County Commissioners and Turbo Service Inc. for the lease of 1.78 acres of land located between the proposed USDA manufacturing facility and the Florida Army National Guard at Immokalee Regional Airport has been reviewed. We interpose no objections provided all lease revenues are used exclusively for the operation and maintenance of the airport and the following mandatory clauses are added to the lease and sub -lease agreement. Nondiscrimination Clause: "The tenant for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements bn, over or under such land and the famishing of services thereon, no person on the grounds of race, co or or national origin shall be excluded from participation in, decried the benefits of, or be otherwise subjected to discrimination, (3) that the tenant shall use the premises irr compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Departrent of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department or Transportation - Effectuation of Title VI of the Civil Rights Act of 1984, and as said Regulations may be amended. That in the event of breach of any- of the above nondiscrimination covenants, Airport Owner shall have the right to terminate the lease and to re -enter and as if said lease had Never been made or issued. The provision shall not be effective �1 / E until the procedures of Title 48, Code of Federal Regulations, Part 21 are followed and completed, including exert +se or expiration of appeal rights." Property Rights Reserved: "This lease and all provisions hereof are subject and subordinate to the terms and conditions of the instruments and documents under which the Airport Owner acquired the subject property from the United States of America and shall be given only such effect as wAll not conflict or be inconsistent with the terms and conditions oontained in the lease of said lands from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the lmrnokalee Regional Airport." This review does not extend to any proposed construction which requires notice under Federal Aviation Regulation Part 77. Sincerely, q=rograAManager Ritchey, P.E. as